(1) This Act may be called the Puducherry Hindu Religious Institutions Act, 1972.
(2) It extends to the whole of the Union territory of Puducherry.
(3) It shall come into force on such date 1as the Government may, by notification in the Official Gazette, appoint.
(4) It applies to all the Hindu religious institutions situate in the Union territory of Puducherry.
Definitions
2. In this Act, unless the context otherwise requires,
(a) “Board” means a Board of trustees appointed by the Government under section 4;
(b) “Commissioner” means the officer appointed under section 3;
(c) “Executive Officer” means a person appointed under subsection (1) of section 9;
(d) “Government” means the Administrator of Puducherry appointed by the President under article 239 of the Constitution;
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1. The Act came into force on the 1st July 1975 vide Notification in Extraordinary Gazette No. 66 dated 30-6-1975.
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(e) “math” means a Hindu religious institution with properties attached thereto and presided over by a person, the succession to whose office devolves in accordance with the direction of the founder of the institution or is regulated by usage and ---
(i) whose duty it is to engage himself in imparting religious instruction or rendering spiritual service; or
(ii) who exercises or claims to exercise spiritual headship over a body of disciples, and includes places of religious worship or instruction which are appurtenant to the institution;
Explanation. --- Where the headquarters of a math are outside the Union territory but the math has properties situate within the Union territory, control shall be exercised over the math in accordance with the provisions of this Act, in so far as the properties of the math situated within the Union territory are concerned.
(f) “prescribed” means prescribed by rules made under this Act;
(g) “Hindu religious institution” or “institution” means a math, temple or specific endowment;
(h) “specific endowment” means any property or money endowed for the performance of any specific service or charity in a math or temple or for the performance of any other religious charity;
(i) “temple” means a place, by whatever designation known, used as place of public religious worship and dedicated to, or for the benefit of, or used as of right by, the Hindu community or any section thereof as a place of public religious worship.
Appointment of Commissioner
3. The Government shall, by notification in the Official Gazette appoint an officer, not below the rank of a Deputy Collector, as Commissioner to supervise and control the management of all Hindu religious institutions.
567 1 [Powers and functions of Commissioner
3A. Subject to the other provisions of this Act, the administration of all institutions shall be subject to the general superintendence and control of the Commissioner and such superintendence and control shall include the power to pass any orders which may be deemed necessary to ensure that such institutions are properly administered and that their income is duly appropriated for the purposes for which they were founded.]
Board of trustees
4.2[(1) Every institution shall be administered by a Board of Trustees, which shall consist of five trustees (hereinafter in this section referred to as members), appointed by the Government, by notification in the Official Gazette, out of whom one shall be a person belonging to the Scheduled Castes:
Provided that the Government may, pending the constitution of a Board for any institution appoint a Special Officer to perform the functions of the Board.
(1A) The Government shall nominate from amongst the members a President, Vice-President, Secretary and a Treasurer.].
(2) Subject to the provisions of this Act, the President, Vice-President, Secretary, Treasurer and the member shall perform such functions as may be prescribed.
(3) Subject to the provisions of section 5, every member of the Board shall hold office for a term of three years from the date of publication of the notification appointing him as member and the other conditions of his service shall be such as may be prescribed.
(4) Any member may resign his office by giving notice in writing, for such period as may be prescribed, to the Government and, on such resignation being notified in the Official Gazette by the Government, such member shall be deemed to have vacated his office.
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1. Inserted by Act 13 of 1973, section 2.
2. Substituted by Act 13 of 1973, section 3.
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(5) A casual vacancy caused by the resignation of a member under subsection (4) or otherwise may be filled by fresh appointment and the person so appointed shall hold office for the remaining period for which the member in whose place he is appointed would have held office.
(6) Every Board constituted before the commencement of this Act for the purpose of the administration of any institution and existing at such commencement shall be deemed to be a Board constituted under the provisions of this Act for the purposes of administration of such institution and the members thereof shall continue to hold office as such for a period of three years from the date of the notification by which they were appointed.
(7) Every member shall, on his ceasing to hold office as such, handover any property, document or cash which was under his control or in his possession by virtue of any of the provisions of the rules made under this Act within such time as may be prescribed, to his successor in office or such other person as the Commissioner may, by order, direct.
Disqualifications of trustees