RULES ISSUED UNDER THE TAMIL NADU HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS ACT, 1959.
Before traversing the rules framed under the Act, a study of certain principles relating to subordinate legislation may be relevant. These principles have been formulated by Courts during a course of years.
The first and foremost principle is that the Legislature cannot delegate to any outside authority its essential legislative function of formulating policy and giving it a statutory form. Needless to say, that in such delegation of powers, guidelines should be laid down by the Legislature for detailed implementation of the policy by the administrative agency. A Legislature in the guise of such delegation cannot however abdicate its functions in favour of an outside authority. But any provision requiring the delegated legislation to be laid before the Legislature for the purpose of its vigil and control will not amount to abdication of its function. Also such laying of rules is only directory and not mandatory.
The Legislature cannot delegate its power to the delegatee to modify or repeal any existing Law, as it may amount to parallel exercise of legislative functions both by the delegator and the delegatee.
It is open to the Legislature to delegate to the Executive to extend different provisions of a statute to different areas at different times.
2 RULES ISSUED UNDER T. N. H. R. & C. E. ACT, 1959 In so far as Taxation Laws are concerned, it is not unconstitutional for the Legislature to leave it to the executive to determine details relating to the working of Taxation Laws, such as, the selection of persons on whom the tax is to be levied and the rates at which it is to be charged in respect of different classes of goods, etc.
The Court has powers to scrutinize the delegated legislation and strike it down if, in its view, it is unconstitutional or is against the substantive or procedural provisions of the delegating Act or suffers from excessive delegation.
A delegated authority has to act within the limits of the powers conferred by the Act as the rules cannot override the statute, but can only supplement it. In other words, the delegatee cannot go beyond the clear policy of the Act. It cannot override the Act or make provisions inconsistent with the statute. It is also settled law that any mistake in mentioning the correct provisions under which the subordinate legislation is made will not invalidate it, if there is any other enabling provision to support it.
Any subordinate legislation can be challenged on the ground of unreasonableness under Article 14 of the Constitution or of the enabling statute under which it is made.
There is no need to resort to previous publication of a subordinate legislation, unless the statute itself so provides or where such publication is made a condition precedent for the operation of the delegated legislation.
Requirement of any prior approval or sanction by the enabling statute is mandatory and any non-compliance will invalidate the subordinate legislation and make it ineffective.
A statute may provide for the making of subordinate legislation even before its commencement, but the subordinate legislation will come into force only on the commencement of the Act.
3 A statute may bestow power to make rules to carry out the purposes of the Act, and then say “In particular and without prejudice to the generality of the foregoing provisions” and the rules may be made to provide for a number of specified enumerated matters. Where power is given to make subordinate legislation in general terms, the enumeration of the subjects is only illustrative and does not exhaust the general powers. But where power is conferred only with reference to encumerated items, any rule made should come within the ambit of those items and any rule which outsteps it, will be ultra vires.
Any rule can have retrospective operation if so provided or by virtue of retrospective operation of the Act, barring the same conferring penal liability.
Where power is conferred to make a subordinate legislation, fundamentally, the delegatee cannot further sub-delegate the same, unless the Legislature authorises such sub-delegation specifically.
Any order made by the delegatee is one made for or on behalf of the delegator and it cannot be reviewed or revised by the delegator unless there is a provision in the statute itself.
Finally, it may be said that only the Courts have to decide whether there is excessive delegation in any subordinate legislation having regard to enabling provisions in a statute and the scheme and purposes of the Act.
In the Tamil Nadu Hindu Religious and Charitable Endowments Act 22 of 1959, instances of delegation of powers are the general rule making power with itemised subjects, contained in section 116 of the Act. Delegated power to issue notification to extend the Act to Jain Religious Institutions and Charitable Endowments are contained in sections 2 and 3 of the Act. Specific provisions to prescribe rules are contained for instance in section 7A(2), section 12(2)(c) and section 13(2), etc.
The rules framed have stood the test of time with no noticeable instance of excessive delegation in the background of the basic principles of delegation discussed above.
4 THE PUBLICATION OF NOTICE AND NOTIFICATIONS OF JAIN PUBLIC RELIGIOUS INSTITUTIONS AND OTHER ENDOWMENTS as betrieb od lista El RULES.* (G.O. Ms. No. 661, Revenue, dated 5th February 1960)
1. These rules may be called the Publication of Notice and Notifications of Jain Public Religious Institutions and other Endowments Rules, 1960.
2. The notice referred to in the proviso to section 2 and in the proviso to section 3 shall, in addition to publication in the Tamil Nadu Government Gazette, be also published in the language of the locality concerned in a daily newspaper having circulation in the said locality and also be sent by registered post, acknowledgement due, to the trustee of the religious institutions or endowments referred to in section 2, or the charitable endowment referred to in section 2. Refusal by the trustee to receive the notice shall be deemed to be sufficient service.
3. (i) Copies of the notice under section 2 shall be published by aflixiture — Original rules published in Rules Supplement to Part I of the Fort St. George Gazette, dated the 17th February, 1960. (Page 76) RULES ISSUED UNDER T. N. H. R. & C. E. ACT, 1959
(a) on the notice board and if there is no notice board, on the front door of or in any other conspicuous place in the institution concerned; and
(6) on the notice board of the office of the Municipal Council including the Municipal Corporation of Chennai or of the office of the Panchayat or Panchayat Union Council, as the case may be, or village chavadi and if there is no village chavadi, in some other public place in the village in which the institution is situated ;
(ii) Copies of the notice under section 3 shall be published by affixture on the notice board or boards of the institution or institutions, as the case may be, to which the charitable endowment is attached and if there are no notice boards, 5 on the front door of or in any other conspicuous place in the institution or institutions, as the case may be, to which the endowment is attached.
4. The publication of the notice under rule 3 shall be deemed to be sufficient intimation to persons having interest.
5. A copy of the notification under section 2 or section 3 shall be served and published in the manner laid down in rules 2 and 3 relating to the service and publication of the notice under the said sections.
THE ADVISORY COMMITTEE RULES, 1997.* (G.O. Ms. No. 275, C.T. & R.E. Dept., dated 16th July 1997)
1. These rules may be called the Advisory Committee Rules, 1997.
2. A person who is or was a non-official member, shall be eligible for renomination. The Government may, at their discretion, reconstitute the Advisory Committee at any time for its proper functioning.
3. The Commissioner is the Member-Secretary ex-officio shall be the convenor of the meetings of the Advisory Committee.
4. The Advisory Committee shall meet at least once in six months and more often if need be as decided by the Chairman.
5. The meetings of the Advisory Committee shall ordinarily be held at Chennai.
However, the Chairman may, if he considers it necessary, at any time hold the meeting at any place outside Chennai.
6. The quorum for the meeting shall be eight. 1o antitoon on
7. Every meeting of the Advisory Committee shall be presided over by the Chairman and in his absence by the Vice-Chairman.
Published in Part III, Section 1 (a) of the Tamil Nadu Government Gazette, Extraordinary, dated the 29th September 1997.
6 In the absence of the Chairman and Vice-Chairman, the members present may choose one from among themselves to preside over the meeting
8. The question which may come up before any meeting shall be decided by a majority of votes and when the votes are equally divided, the Chairman or the Vice-Chairman or the member presiding over the meeting, as the case may be, shall have and exercise a second and casting vote.
9. The minutes of the proceedings of the meeting shall be recorded in a book to be kept for the purpose and shall be signed by the Chairman, in his absence by the Vice-Chairman or by the presiding member, as the case may be. Any minute of dissent shall be recorded, if required by the dissenting member. The minutes book shall be kept in the office of the Commissioner in his custody in the capacity as the Secretary to the Committee.
10. The subjects on the agenda before the meeting shall be taken up and disposed of in the order, in which they appear in the agenda for the meeting unless the Chairman decides to give preference to any subject or subjects on the agenda. No subject which is not in the agenda shall be taken up at a meeting except with the concurrence of the Chairman. Within ten days from the date of the meeting, a copy of the minutes of the proceedings of the meeting shall be forwarded to the Government and the members of the Advisory Committee by the Member-Secretary of the Advisory Committee.it VEL ESTIS
11. The Member-Secretary shall be responsible for the issue of notice of meeting, the preparation of agenda, the arrangements for the meeting, for the custody of minutes book and communication of the proceedings of the meeting and such other matters relating to the Advisory Committee, as may be prescribed by the Chairman, from time to time. The Member-Secretary shall always be present at the meeting and shall produce such records as may be necessary for the discussion of the subjects in the agenda.
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12. The Advisory Committee may make recommendations in respect of the following matters :
1. arrangements to be made by religious institutions for the propagation of the religious tenets and the steps to be taker to enlist co-operation of the public in this regard ; 2. establishment and maintenance of schools or refresher courses for the training of archakas, adyapakas, Vedaparayanikas and Othuwars and the study of Divyaprabandams, Thevarams and the like including the study of Indian languages ; 3. establishment and maintenance of University or colleges or other institutions with special provisions for the study of Hindu Religion, Philosophy or Sastras or for imparting instructions in temple architecture; 4. amenities to be provided for securing the health, safety or convenience of the pilgrims visiting the institutions during festivals ; 5. renovation of temples in need of repairs by enlisting the co-operation of the public ; 6. general suggestions in accordance with terms of the Trust and usuage in regard to the better administration of religious institutions ; 7. the preservation of architectural beauty of temples ; 8.
ways and means of increasing the revenue of religious institutions; and 9. sale of immovable properties vested with religious institutions. 13. The members of the Committee shall be paid travelling allowance and daily allowance at the rates allowed to members of First-Class Government Committees.
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14. (a) The Commissioner shall be the counter-signing and rawing officer for travelling allowance bills of the members of the Committee.
(b) The Commissioner shall encash the travelling allowance bills of the members at the Pay and Accounts Office, Chennai and send the amount to each member by money order or by bank draft at the cost of the Government and the expenditure on such cost shall be met from the permanent advance of the Commissioner.
(c) In the case of the members of the Committee, who are also members of the Legislature or of the Parliament or of a Metropolitan Corporation, a non-drawal certificate shall be obtained from the Legislative Assembly Department or from the Secretariat of Parliament or from the Metropolitan Corporation concerned, as the case may be, before countersignature by the Commissioner.
THE DISTRICT COMMITTEE RULES, 1997.* (G. O. Ms. No. 275, C.T. & R.E.
Dept., dated 16th July 1997)
1. Short title.— These rules may be called the District Committee Rules, 1997.
2. Chairman of the District Committee.— The Government shall nominate one of the members of the District Committee constituted under section 7-A of the Act as Chairman of the Committee within --
(a) thirty days from the date of its constitution ; or
(6) fifteen days from the date on which the office of the Chairman becomes vacant.
3. Place of the meetings.—The District Committee shall hold its meetings in the office of the Assistant Commissioner, Hindu Religious and Charitable Endowments Administration Department, of the district concerned for the transaction of official business :
Provided that no meeting shall be held on a day declared by the State Government to be a public holiday.
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4. Convening of the meeting of the District Committee.The Assistant Commissioner, Hindu Religious and Charitable Endowments Administration Department of the district concerned, shall be the convenor of the meeting of the District Committee. He shall convene the meeting of the District Committee in consultation with the Chairman of the District Committee and assist in its deliberations. But he shall not, however, have power to vote.
5. Issue of notice for the convening of the meeting.-(1) The convenor shall be responsible for the issue of notice of meeting, preparation of agendas and arrangements for the meeting. Man (2) Meetings of the District Committee shall be convened after issue of notice specifying the date, time and place of meeting.
Such notice shall be issued atleast seven clear days before the date of the meeting
(3) The agenda for the meeting shall contain, among others, the names of the institutions, names and other particulars of applications and shall be sent to the Chairman and other members of the Committee along with the notice, by registered post, to their usual place of residence.
S (4) In cases of urgency, the convenor may convene meeting on giving a shorter notice than that specified in sub-ruie (2).
6. Chairman to preside over the meeting.-(1) Every meeting of the District Committee shall be presided over by the Chairman and in his absence, the members present may choose one from among themselves to preside over the meeting.
(2) The Chairman or the presiding member, as the case may be, shall preserve order and shall decide all points of order arising at the meeting and the decision of the Chairman or the presiding members, as the case may be, on any point of order, shall be final
7. The quorum.—(1) The quorum for the transaction of the business at a meeting shall be three.
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(2) If, within half-an-hour after the time appointed for the meeting, there is no quorum, the meeting shall stand adjourned, unless all the members present agree to wait longer.
8. Functions of the District Committee.- (1) Preparation of panel of names of qualified persons for appointment of trustees.—The District Committee shall, from the application, received, prepare a panel of qualified persons not exceeding ten in number for each religious institution for being appointed as trustees.
(2) Custody of minutes books, etc.—The minutes of the proceedings of the meeting of the District Committee shall be recorded in a book to be kept for the purpose and shall be signed by the Chairman or in his absence by the presiding member, as the case may be, and by all other members present at the meeting. Any minute of dissent shall be recorded, if required by the dissenting member. The minute book and other records of the proceedings of the District Committee, shall be kept in the custody of the Assistant Commissioner in his office.
9. Access of members to relevant papers.-All papers relating to the agenda shall be made available to the members for inspection at the time of or before the convening of the meeting.
10. Decision by majority of votes.--The issues which come before any meeting shall be decided by a majority of the members present and when the votes are equally divided, the Chairman or the presiding members, as the case may be, shall have and exercise a second and casting vote.
12. Communication of the proceedings of the meetings.The Assistant Commissioner being the convenor shall forward to the Commissioner and the Joint or Deputy Commissioner concerned, a copy of the minutes of the proceedings of every meeting of the District Committee within seven days from the date of the meeting. He shall bring to the notice of the Commissioner 11 concerned, irregularity, if any, in respect of any item of the proceedings of the District Committee and suggest such action as he may consider necessary.
13. Ceasing to hold office.—The Chairman of the District Committee or any member thereof shall cease to hold office, if he absents himself for three consecutive meetings of the District Committee, without sufficient cause :
Provided that when a person who has ceased to be the Chairman or member by reason of such absence, applies for restoration within one month from the date of the last three meetings, the District Committee may, at the next meeting held after the receipt of such application, restore him to his office of Chairman or member, as the case may be, but such restoration shall not be more than once during his term of office.
14. Resignation of members.—The Chairman or any member of the District Committee may resign his office by giving notice, in writing, to the Government and the resignation shall become effective on its acceptance by the Government. m en In 15. Filling up of the vacancy.—A casual vacancy caused by the resignation of Chairman or a member under rule 14 or otherwise, shall be filled up by fresh appointment by the Government. The term of office of such members shall be for the remainder of the term of the member in whose place he is appointed.
16. Travelling allowances to the Chairman and members.(1) The Chairman and members of the District Committee shall be paid travelling allowance and daily allowance at the rates allowed to members of the First Class Government Committee.
(2) The Assistant Commissioner, having jurisdiction over the area, shall be the countersigning and drawing officer for travelling allowance bills of the Chairman and members of the District Committee.
Tools TOPS VII9V (3) In the case of the members of the Committee who are also members of the Legislature or the Parliament or from the Metropolitan Corporation concerned, a non-drawal certificate shall be obtained from the 12 Legislative Assembly Secretariat or from the Secretariat of Parliament or from the Metropolitan Corporation concerned, before countersignature by the Assistant Commissioner THE DELEGATION OF POWERS RULES.* (G.O. Ms. No. 4850, Revenue, dated 26th November 1960 as amended by G.O.
Ms. No. 275 C.T. & R.E., dated 16th July 1997) 1. These rules may be called the Delegation of Powers Rules.
2. Delegation of the Commissioner's powers and duties to a Joint Commissioner or a Deputy Commissioner under section 13(2) or an Assistant Commissioner under section 14(3) shall be made in writing.
3. The Commissioner shall have power to vary or cancel an order of delegation and such an order shall be made in writing.
4. An order delegating the powers and duties of the Commissioner to a Joint or a Deputy Commissioner or an Assistant Commissioner or modifying or cancelling the delegation, shall be published in the Tamil Nadu Government Gazette and in the District Gazette in the language or languages of the district or districts concerned and by affixture on the notice boards of the offices of the Commissioner, Joint or Deputy Commissioners and the Assistant Commissioners.
Original rules published in Part V, Page 680 of the Fort St. George Gazette, dated 21st December, 1960.
5. The Commissioner, while delegating any of his powers shall expressly reserve to himself the right of exercising the powers vested in him under sections 21 and 22 over the orders passed by a Joint, Deputy or an Assistant Commissioner under the delegated powers.
NOTE Rule 5 seems to be redundant as the power in this regard has to be traced in the statute and cannot be reserved in the rules.
13 THE SUBMISSION OF BUDGETS, DEPOSITS, ACCOUNTS, RETURNS OR OTHER INFORMATION RULES.
(G.O. Ms. No. 4065, Revenue, dated 26th September 1961 as amended by G.O.
Ms. No. 275, C.T. & R.E. Department, dated 16th July 1997) 1. Short title.—These rules may be called the Submission of Budgets, Deposits, Accounts, Returns or other Information Rules.
2. Explanatory memorandum to accompany budget. Every budget, revised budget or supplemental budget submitted under section 86 shall be accompanied by an explanatory memorandum with reference to each major item of estimated receipt and charge and it shall be in the form shown in Appendix I to these rules in the case of institutions getting an annual income of more than Rs. 5,000/- and in the form shown in Appendix II to these rules in the case of institutions getting an annual income of Rs. 5,000/and less. The budget, revised budget or supplemental budget shall also be accompanied by the statements specified below :
(a) Statement of assets (Other than refundable deposits) as on 1st March
(1) Cash on hand. (2) Cash in current and savings account.
(3) Value of grains and stores. (4) Investments in fixed deposits, National Savings Certificates, Government bonds and shares with details have to as to each item.
(5) Arrears under inams and leases of lands, building sites and other rights and decrees. (6) Advances recoverable other than Law Charges. (7) Advances recoverable (Law Charges) (8) Loans to be recovered (with information as to date of 14 sanction and terms of repayment) of each item. (6) Statement of liabilities as on 1st March — (1) Loans (with information as to date on which taken and terms of repayment). (2) Taxes, licence fees, contribution to local bodies and contribution and costs and expenses under sections to recimo92 and 93. ad vism Bolu zona one 2014 (3) Value of provisions, etc., to be paid for.
(4) Salaries and allowances.
(5) Other items. ogt (c) Statement as on 1st March of refundable deposits made by lessees, contractors, employees, etc., with information as to how each amount is invested or held.
MOO (d) Dhittam as in force for daily pooja and festivals.ne gr
(e) Schedule of establishment including ulthurai with information as to pay drawn, the pay that will be drawn at the beginning of the fasli and the increments that may fall due during the fasli to which the budget relates.
V Schedule of establishment as sanctioned or in vogue and a copy of the order of sanction.
THE SUBMISSION OF BUDGETS, DEPOSITS, ACCOUNTS ... RULES
(g) A copy of sanctioned programme of work under section 116(2) (xxii) and a copy of the order of sanction.
(h) Detailed estimates for major repairs and constructions costing Rs. 500/- and more and copies of orders of sanction, if any, by the competent authority :
Provided that in the case of institutions getting an annual income of less than Rs. 5,000/-, statements (f) to (h) need not be sent.
3. Statement to be submitted by the trustee regarding value of tools, etc.—The trustees of every religious institution shall, before the end of August in each year, submit as on the last day of June of the year, a statement giving the following information :
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(1) Value of tools and plants less depreciation. (2) Value of lands and buildings belonging to the institution. (3) Value of stamps on hand including postage.
(4) Demand, Collection and Balance Statement for the fasli in respect of lands, buildings, site and their immovable properties and rights and decrees.
(5) Statement of alterations, omissions or additions as required under section
30.
4. Demand, Collection and Balance Statement to be submitted by the trustee.—The trustee of every religious institution shall, before the end of January in each year, submit a Demand, Collection and Balance Statement for the half-year ending with 31st December in respect of lands, sites, buildings and other immovable properties and rights and decrees.
5. Abstract of receipt and expenditure to be submitted by the trustee.- The trustee of every religious institution shall submit within 15 days after the close of each quarter, an abstract of the receipt and disbursement of the quarter under each of the budget heads.
In the case of institution subject to concurrent audit, the trustee of the institution shall make available each month's accounts to the auditor before the 20th of the succeeding month.
6. Statements, etc. to be submitted. The statements, returns and reports mentioned in rules 2 to 5 shall be submitted in the following manner :
| (a) In the case of institutions whose | To the Commissioner ;
annual assessable income exceeds Rs.10 lakhs.to the Commissioner ;
(6) In the case of institutions whose annual assessable income exceeds Rs. 2 lakhs but does not exceed Rs. 10 lakhs.
(c) In the case of institutions whose To the Joint Commissioner or annual assessable income the Deputy Commissioner, as exceeds Rs. 10,000 but does not the case may be, having exceed Rs. 2 lakhs.
16 jurisdiction ;
(d) In the case of institutions not | To the Assistant Commissioner included in the list published having jurisdiction. under section 46 and is not notified and deemed to have been notified under Chapter VI of the Act (nonlisted)
7. Listed institutions to send administration reports.-In respect of every religious institution included in the list published under section 46, an administration report for every fasli shall be sent to the Commissioner within three months of the completion of the fasli year.o of the fasli year. ib933 bas gigget lotosuda
8. In respect of every religious institution the annual income of which is not less than Rs. 2,000, a copy of the budget as approved THE SUBMISSION OF BUDGETS, DEPOSITS, ACCOUNTS ... RULES by the Commissioner, Joint Commissioner, the Deputy Commissioner or Assistant Commissioner, as the case may be, shall be sent to the auditor concerned.
9. Notice to be given to the trustees before making alterations, omissions or additions in the budget.-The Assistant Commissioner, the Deputy Commissioner, the Joint Commissioner or the Commissioner, as the case may be, shall issue notice in the first instance when in their opinion the budget requires alterations, omissions or additions, and such notice shall be given to the executive authorities of religious institutions by registered post with acknowledgement due or served by delivery in person to showcause why such alterations, omissions or additions shall not be made. After obtaining the representation, if any, the budget shall be approved with or without modifications and to make such alterations, omissions or additions in the budget as deemed fit in accordance with sub-section (3) of section 86 of the Act;
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10. Contents of the notice.—Such notice shall state in what respect the budget is defective, which of the provisions therein is either excessive, inadequate or incorrect or inadmissible and whether any provision is necessary for any purpose.
11. Time-limit for making representations.—The notice shall specify a reasonable time within which the trustee should submit his representations and if any representations are received, a date for an inquiry into those representations may be fixed in the discretion of the Assistant Commissioner, Deputy Commissioner, Joint Commissioner or the Commissioner, as the case may be.
12. Publication of notice. The notice shall be published by affixture of a copy on the notice board or on a conspicuous part of the premises of the math or temple, to which the specific endowment is attached and where the specific endowment is • attached to more than one math or temple, by affixture on the notice board of the village chavadi and if there is no village chavadi in some other public places in the village wherein the property of the specific endowment is situate.
13. Affixture of notice, if the addressee is not available or refuses to receive notice. If the Commissioner, the Joint Commissioner, the Deputy Commissioner or the Assistant Commissioner, as the case may be, is satisfied that the person to whom a notice is sent willfully absents himself from his residence or refuses to receive the notice, he may order that the notice shall be affixed on the front door or other conspicuous place in his usual place of residence. If the person has changed his residence, the notice shall be sent to the changed address, if it is known, or a copy of the notice shall be affixed on the front door or other conspicuous place of the last known residence. On such affixture he may declare that there has been sufficient service.
Appendix I and II not printed. The Government Orders may be referred to.
18 THE ALIENATION OF IMMOVABLE TRUST PROPERTY RULES.* (G.O. Ms. No. 866, Revenue, dated 15th February 1960 as amended by G.O.
Ms. No. 275, C.T. & R.E., dated 16th July 1997) 1. These rules may be called the Alienation of Immovable Trust Property Rules.
2.(1) Notice of the proposals for any exchange, sale or mortgage and any lease for a term exceeding five years of any immovable property belonging to or given or endowed for the purpose of any religious institution shall contain particulars, in respect of the following, namely :
(a) nature of the proposed transaction ;
(b) correct description of the properties relating to the proposed transaction with information regarding the survey number, extent and boundaries and ward number and door number also in the case of properties within the limits of municipalities and the City of Chennai ; sotto od to bisod Soidon add mo (3) Original rules published in Rules Supplement of the Fort St. George Gazette, dated 18th May, 1960. (Page 531)
(c) the revenue assessed on the properties relating to the proposed transaction by way of land revenue, cess, quit-rent, ground-rent, property tax, etc.;
QUE (d) any encumbrance to which the properties relating to the proposed transaction are subject ;
(e) if the proposal is for mortgage, the amount for which the properties are proposed to be mortgaged;
(7) if the proposal is for sale or lease, the probable price or the rental, as the case may be, that is expected ; and
(g) the purpose for which the amount so raised is to be utilised.
19 The notice shall specify a reasonable time, being not less than 30 days from the date of the issue of the notice, within which objections or suggestions may be sent. It shall also specify the date on which an enquiry, if any, is proposed to be held to consider the objections or suggestions. A copy of the notice shall be served in person or sent by registered post, with acknowledgement due to the trustee or trustees of the religious institutions concerned, and where the properties belong to a specific endowment, also to the trustee or trustees of the temple or math to which the specific endowment is attached. Any refusal or evasion to receive the notice shall be deemed to be sufficient notice.
(2) A copy of the notice shall be published by affixture —
(a) on the notice board of the office of the Commissioner and the Assistant Commissioner having jurisdiction over the area in which the math or temple concerned is situate ;
(b) on the notice board of the front door of the math or temple concerned ;
(c) on the notice board of the office of the Municipal Council including the Corporation of Chennai or the Village Chavadi or the Panchayat Union Council and if there is no Village Chavadi or Panchayat Union Council, in some other public place in the village in which the math or temple concerned is situate ;
(d) in another conspicuous place in the locality which may be selected by the Commissioner in his discretion ; and
(e) in at least one daily newspaper published in the language of the locality where the math or temple concerned is situate :
Provided that where the proposal is in respect of a specific endowment, the properties of which are not situate in the village in which the temple, or math is situate, the notice shall be published also in the village or villages in which the properties are situate.
3. Order sanctioning an exchange, sale or mortgage, or lease for a term exceeding five years shall be communicated by the Commissioner in the form of proceedings under section 34 duly signed by him to the trustee or trustees and 20 the person having interest, if any, who appeared in the proceedings and shall be published in the manner laid down in clauses (a) to (e) of subrule (2) of rule 2 for the publication of the notice. The order shall also be published —
(a) in the District Gazette in the language of the district concerned in the case of the math or temple or specific endowments attached to a math or temple situated in the district; or
(b) in the Tamil Nadu Government Gazette in the case of a math or temple or specific endowments attached to a math or temple situated in the City of Chennai or to specific endowments attached to maths or temples situated in more than one district.
THE UTILISATION OF SURPLUS FUNDS RULES.* (G.O. Ms. No. 4524, dated 5th November 1960 as amended by G.O. Ms. No. 275 C.T. & R.E. Department, dated 16th July 1997.) || 1. These rules may be called the Utilisation of Surplus Fund Rules.
2. The trustee or where there are two or more trustees, the Chairman of the Board of Trustees of a religious institution may submit proposals for diversion of surplus funds to the Commissioner with a statement showing the following particulars :
(i) Receipts during the fasli year ;
(ii) Expenditure during the fasli year ; approv(a) Provision made under section 35 (1); Os candidat disele(b) Provision made under section 86 (2). (
(iii) The surplus relating to the fasli year after making adequate provisions as required under sections 86 (2) and 35 (1) of the Act;
°(2).
Original rules published in Part V, Page 519 of the Fort St. George Gazette, dated 23rd November 1960.
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(iv) The total accumulated surplus available till the end of the previous fasli with full particulars of investments and dates of maturity of such investment;
(v) Particulars regarding the purposes for which any portion of the surplus may be diverted and the amount that may be so diverted for each such purpose.
3. (1) The Commissioner shall scrutinize the proposal for diversion of surplus funds carefully and shall provisionally decide the amount of surplus that may be diverted.
(2) The Commissioner shall publish a notice in one of the leading local Tamil dailies containing the provisional decision of the Board together with the particulars, such as
(a) the name or names of religious institutions whose surplus fund is to be diverted;
(b) the purpose for which the surplus fund is to be diverted;
(c) the amount proposed to be diverted and invite, objections and suggestions and hold an enquiry to consider the objections and suggestions received thereon.
| 4. The notice shall specify a date, which shall not be less than thirty days from the date of its publication within which objections or suggestions may be sent. It shall also specify the date on which the inquiry will be held to consider the objections or suggestions. 5. A copy of the notice shall be published (i) by affixture
(a) on the notice board or the front door of the religious institution concerned ;
to
(b) on the notice board of the offices of the Assistant Commissioner and of the Deputy Commissioner and of the Joint Commissioner having jurisdiction over the area in which the religious institution is situate and of the office of the Commissioner ; bila bolst (c) on the notice board of the office of the Panchayat Union, Municipal Council or the Corporation of Chennai in respect of an 22 institution within the jurisdiction of a panchayat, a Municipal Council or the Corporation of Chennai, as the case may be ; and
(d) if the religious institution is in a village, in the village chavadi and if there is no village chavadi, in some other public place in the village in which the religious institution is situate or in any other conspicuous place in that locality in which the religious institution is situate ;
(ii) by beat of tom tom in the village where the religious institution is situate :
Provided that where the proposal relates to a specific endowment, the properties pertaining to which are not situate within the limits of the Corporation of Chennai or the Municipality or the village in which the math or temple to which the specific endowment is attached is situate, the notice shall be published in the manner aforesaid also in the place or places where the properties pertaining to the specific endowments are situate. a t 9 9 The publication of the notice in the manner aforesaid shall be deemed to be sufficient intimation to persons having interest.
6. After the inquiry into the objections and suggestions, if any, and after consideration of the connected records, the Commissioner shall either confirm or modify or set aside its provisional decision.
7. The appropriation of surplus amounts as may be sanctioned under rule 6 shall be subject to the following restrictions and conditions :
[(i) The portion of surplus amount sanctioned for appropriation shall be for any one or more of the purposes specified in sub-section (1) of section 66 or for the performance of Hindu marriages among Hindus who are poor or in needy circumstances as specified in section 36-A or for making contribution towards any fund constituted for the purpose of -
(a) feeding the poor ; or Origine (b) constructing any building, shed or centre for feeding the poor as specified in section 36-B.
(ii) Appropriation of any portion of the accumulated surplus of the institution as specified in sub-clause (i) or any portion of such surplus in the income of 23 the institution for any year as specified in sub-clause (ii) of sections 36, 36-A and 36-B for any or more of the purposes specified above shall not exceed fifty per cent of the surplus income of the institution or ten per cent of the assessable income of the religious institution whichever is less.
(iii) The portion of surplus amount sanctioned by the Commissioner shall be spent solely for the purpose specified in the order. Q (iv) The incurring of expenditure of the portion of the surplus amount sanctioned under section 36, 36-A and 36-B shall be governed by the rules issued under section 116(2) (x) of the Act.]
(Substituted by G. O. Ms. No. 435, C.T. & R.E. Department, dated 16th March 1988) The Trustee or the Chairman of the Board of Trustees, as the case may be, shall be bound to carry out the orders of the Commissioner.
The Trustee or the Chairman of the Board of Trustees, as the case may be, shall, by the fifth of every month, submit to the Commissioner progress reports periodically until the surplus amount diverted is fully spent for the purpose for which it was sanctioned.
8. A copy of the order of the Commissioner shall be communicated to the trustee or the Chairman of the Board of Trustees, as the case may be, and to the Executive Officer or other officer referred to in the foregoing rules and to such other persons, who appeared at the inquiry to whom it is considered necessary to communicate the same and be published in the same manner as laid down in rule 5.
The publication of the order in the manner aforesaid shall be deemed to be sufficient intimation to persons having interest. giboot tol 24 THE NOTICE FOR ENFORCEMENT OF SERVICE OR CHARITY RULES.* (G.O. Ms. No. 4524, Revenue, dated 5th November 1960 as amended by G. O. Ms. No. 275, C. T. & R. E., dated 16th July 1997) 1. These rules may be called the Notice for Enforcement of Service or Charity Rules.
2. Notice of the application under section 38(1) and (2) shall be sent by registered post, acknowledgement due, to the person in possession of the property on which the endowment is a charge or the person responsible in law for the performance of the service or charity, as the case may be. If the Commissioner, Joint Commissioner or the Deputy Commissioner, as the case may be, is satisfied that the person to whom a notice is sent willfully absents himself from his residence or refuses to receive the notice, he may order that the notice shall be affixed on the front door or other conspicuous place in his usual place of residence. If the person has changed his residence, the notice shall be sent to the changed address, if it is known, or copy of the notice shall be affixed on the front door, or other conspicuous place of the last known residence. On such affixture, he may declare that there has been sufficient service.
* Original rules published in Part V, Page 521 of the Fort St. George Gazette, dated 23rd November, 1960.
25 THE ENFRANCHISEMENT OF DEVADASI INAMS RULES.* (G. O. No. 4682, dated 16th November 1960.) 1.
These rules may be called the Enfranchisement of Devadasi Inams Rules.
2. In these rules, ‘Act means the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act 22 of 1959).
3. The quit-rent to be imposed under sub-section (1) of section 40 of the Act shall be the current assessment on the land, less any quit-rent, jodi or excess charge already payable thereon. The quitrent so imposed shall not be liable to revision.
Explanation. In case of proprietary villages, the current assessment on similar lands in the neighbouring ryotwari villages shall be taken to be the current assessment on the inam land for enfranchisement.
4. As soon as may be after the publication of these rules, the Government shall direct, by a notification in the District Gazette, that the trustee of every temple in the district as well as the devadasi This rules were issued superseding the original rules published in the Notification SRO. No. A 1202 of 1960 of the Fort St. George Gazette, dated 24th February 1960. Published in Part V of the Fort St. George Gazette, dated the 14th December, 1960. (Page 642) or other inamdars of land granted for a service auxiliary to the service to be performed by the devadasi concerned, shall send to the District Collector within such time, as may be specified in the notification, a statement in Form ‘A’ annexed to these rules, of the devadasi inams or other inams mentioned in sub-section (8) of section 40 of the Act held in connection with the temple, which should be enfranchised.
5. The Government shall direct the District Collector to make such inquiry as he may think fit to ascertain what inams in the district should be enfranchised by Government under the Act, and collect such information relating to the said inams as he may think necessary. necessary. T ERE S 6. (1) On receipt of a statement under rule 4, the District Collector shall —
(a) if he is satisfied that the statement is in conformity with the provisions of the Act and these rules, fix a date for the inquiry which shall not be less than thirty days from the date of receipt of the statement; and
(b) if he is not so satisfied, return the statement for being brought into such conformity and re-presented within a reasonable period to be specified, which may, however, be extended at the discretion of the Collector.
(2) In cases falling under clause (b) of sub-rule (1) — normu (a) if the statement is not re-presented within the period specified in that behalf or if it is so represented within such period but the District Collector is not satisfied that it 26 has been brought in conformity with the provisions of the Act and these rules, the District Collector may reject the statement; and attesne (b) if the statement is re-presented within the period aforesaid and the District Collector is satisfied that it has been brought into conformity with the provisions of the Act and these rules, the District Collector shall fix a date for the inquiry which shall not be less than thirty days from the date of re-presentation of the statement.
7.(1) In cases where the statement has been re-presented under clause (a) of rules 6(1) and clause (b) of rule 6 (2), a notice for enquiry in Form 'B' annexed to these rules accompanied by a copy of the statement shall be served in the manner specified in sub-rule (2).
(2) Such notice shall be served —
(a) on the Commissioner by a copy being sent by registered post; and
(b) on the trustee and the devadasi or the inamdar, as the case may be, by delivery of copy to such person or some adult male member of his or her family at his or her family at his or her usual place of residence or to the authorised agent of such persons. bielu (3) Such notice shall also be published
(a) on the notice boards of the offices of the Assistant Commissioner, the Tahsildar of the taluk concerned and the District Collector;
(b) on the notice board or the front door of the temple concerned ;
(c) on the notice board of the office of the Municipal Council concerned or the Corporation of Chennai or the village chavadi, as the case may be, and if there is no village chavadi affixed in some other public place in the village in which the temple concerned is situate;
(d) in another conspicuous place in the locality which may be selected by the District Collector in his discretion.
The notice shall also be published in the District Gazette, if the temple is situated in the mofussil or in the Tamil Nadu Government Gazette, if it is in the City of Chennai.
(4) In cases where no statement has been presented under rule 4, the District Collector shall, if he is satisfied that the Devadasi inam or other inam requires enfranchisement, cause a notice for enquiry in Form 'C' annexed to these rules to be served and published in the manner specified respectively in sub-rules (2) and (3). The said notice shall be accompanied by a statement in Form ‘D'annexed to these rules which shall be prepared by the District Collector from the information available with him. 6 8. If the District Collector is satisfied after the enquiry referred to in rule 7 that the inam should be enfranchised by Government he should send the papers to Government, with full particulars for enfranchisement.
9. On receipt of the report with full particulars of the inam for enfranchisement from the District Collector referred to in rule 8, the Government shall enfranchise the said lands from the condition of service by the imposition of 27 quit-rent and direct the Inam Commissioner to issue suitable title deeds in the forms annexed hereto. Any title deed that the Inam Commissioner may have previously issued in respect of such grant shall be deemed to have been cancelled from the date on which a fresh title deed is issued and has taken effect.
10. The quit-rent imposed under sub-clause (1) of clause (a) of sub-section (1) of section 40 of the Act shall be paid to the temple from the revenue collections of the village as a beriz deduction.
11. The order of Collector under section 40 (2) shall be published by affixtureOrl(a) on the notice boards of the offices of the Assistant Commissioner, the Tahsildar and the District Collector concerned ; oq (b) on the notice board or the front door of the temple concerned ;
(c) on the notice board of the office of the Municipal Council including the Corporation of Chennai or the village chavadi and if there is no village chavadi, in some other public place in the village in which the temple concerned is situate ;
(d) in another conspicuous place in the locality which may be selected by the Collector in his discretion.
The order shall also be published in the District Gazette in the language of the district in the case of temple situated in the mofussil and in the Tamil Nadu Government Gazette, in the case of temples situated in the City of Chennai.
el Village in which the land lies.
Survey number of paimash number or description serving to identify the land.
Description of the land dry, wet or garden or house
(3) site.
(4) Extent.
(5) Name of owner or occupier and names of persons of owning interest in the land by lease, mortgage, etc.
other lands of such a nature. service in this temple and I have satisfied myself that there are no held subject to the performance of Devadasi or other auxiliary 1 Ceritified that the above is a full and true statement of the lands 12 ans dallesbad Charitable Endowments Act, 1959 (Tamil Nadu Act 22 of 1959).
enfranchised under the Tamil Nadu Hindu Religious and trustees and Devadasis in respect of the Devadasi inams to be Statement showing the particulars to be furnished by temple 28 (See rule 4.) Form A. bosband of the Trustee/Devadasi and other Inamdar.
THE ENFRANCHISEMENT OF DEVADASI INAMS RULES
(6) Name of Devadasi or other inamdar who rendered service in respect of his land.
(7) Whether the interest of the Devadasi or other inamdar is of the nature described in (a) (i) or (1) | (a) (ii) or (1) (a) (iii) of subsection (2) of section 40 of the Act.
Remarks on the origin and nature of the grant and whether any original title deed or relevant documents are available.
Form of the title deed to be issued when the Devadasi is the owner of the land.
19 yd batai muodot (See rule 9.)
oriyoraterreira Αποποπο Title-deed granted to the Devadasi to be named.) det By order of the Governor of Tamil Nadu, I acknowledge your title to an inam consisting of the right to a portion of the Government revenue on land measuring. 2 acres of dry acres of wet and acres of garden (be the same a little more or less) originally granted for service and situated in the village of in the _estate of in the taluk of _in the district.
2. This inam being held for shall now be deemed freed of such service, but shall henceforth be subject to the payment of an annual quit-rent of rupees exclusive of rupees already payable as jody or quit-rent to the Government of Tamil Nadu and rupees payable as jodi to the proprietor which quit-rent is hereby imposed upon the inam in commutation both of the said service and of the reversionary interest possessed by the State Government in the inam. The inam is now confirmed to you, your representative and assigns to hold or dispose of as you or they think proper subject only to the payment of the above mentioned quitrent and jodi and to the provisions of the next Clause.
29
23. The right of the State Government to all minerals, if any, in the land referred to in clause 1 above is hereby expressly reserved to the State Government and the revenue referred to in that clause represents only the right of the State Government to a share in the surface products of such land.
Chennai : Chennai :
D o Guete in this Dated___19.
Gemeie Inam Commissioner.
THE ENFRANCHISEMENT OF DEVADASI NAMS RULES Form of the title deed to be issued when the Devadasi is not the owner of the land.
ubav I ST (See rule 9.)
No. 020 A camwombeelding bus anoigil Title-deed granted to the manager for the time being of the temple of By order of the Governor of Tamil Nadu, I acknowledge your title to an inam consisting of the right to a portion of the Government revenue on land measuring.
acres of dry acres of wet and acres of garden (be the same a little more or less) and situated in the village of the estate of in the taluk of the district of
2. This inam which is at present subject to a jodi or quit rent of rupees per annum payable to the Government of Tamil Nadu and a jodi of rupees per annum payable to the Government of Tamil Nadu and a jodi of rupees per annum payable to the proprietor and which is confirmed subject to the payments aforesaid to the said Government and the proprietor to Devadasi to be named) during her life-time, and after her death confirmed to the temple of d Jon blooda situated in the village of oond in the estate of_u se in the taluk of in the district of so long as it is maintained. The inam will lapse to the State Government when the temple ceases to be maintained.
3. The right of the State Government to all minerals, if any, in the land referred to in clause 1 above is hereby expressly reserved to the State Government and 30 the revenue referred to in that clause represents only the right of the State Government to a share in the surface products of such land.
Chennai : 9119992 - 591ming tombre Dated to no 19 di robianos o gyselaar Inam Commissioner.
RULES ISSUED UNDER T. N. H. R. & C. E. ACT, 1959 torchianbolaad Form B. #babalit on the (See rule 7.) Notice under section 40 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. In the Court of district. No.
of 19 Subjects : Inam - Religious/Charitable taluk, village T.D. No. Resumption.
TO (Name, description and place of residence) Whereas has presented an applcation to this Court praying for the the whole of the inam _ enfranchisement of described below on account of portion of the inam.
Take notice that if you have any cause to show why the inam/ a portion of the inam should not be enfranchised, you should appear in person or by a counsel, fully instructed with proofs in this Court, on the day of 19 , when the said application will be heard and disposed of, failing which the said application will be heard and disposed of ex parte and it will be presumed that you consent to the enfranchisement of the inam/portion of the inam. Given under my hand and the seal of the Court, this day of 19__ bo Forms C and D not printed - See Gazette NOTE :The State Government have to consider the retention of these Rules, having regard to the fact that the devadasi system has been abolished.
Isgivinum odi 10 sollto, oni to bisod goiton alt noc). ibsvid og sty To Tshmon To molSTOGTOO ont gaibuloni lombo Dombianos De Sally on a stronis atoutte e di Toroitzimmolatito bonito con los broodisbitomo ) council THE EXCHANGE, SALES, ETC., OF INAM LANDS RULES.* be (G. O. Ms. No. 662, Revenue, dated 5th February 1960)
1. These rules may be called the Exchange, Sales, etc., of Inam Lands Rules.
31
2. Notice of the particulars relating to the proposal for the exchange, sale or mortgage or lease for a term exceeding five years, of the whole or any portion of any inam granted for the support or maintenance of a religious institution or for the performance of a charity or service connnected therewith or any other religious charity and made, confirmed or recognized by the Government shall be published , -
(i) in the language of the locality in a daily newspaper in circulation in the locality where the math or temple concerned is situate :
Provided that where the value of the property involved in the proposed transaction is less than Rs. 300/-, the requirement of publication of the notice in a daily newspaper may be dispensed with at the discretion of the Government, and di to 219bTo Isml od teji A Ò * Published in the Rules Supplement to Part 1 of the Fort St. George Gazette, dated 17th February 1960 (Pages 76 and 77).
RULES ISSUED UNDER T. N. H. R. & C. E. ACT, 1959
(ii) by affixture —
(a) on the notice board or the front door of the math or temple concerned ;
(b) on the notice board of the office of the municipal council including the Corporation of Chennai or village chavadi in the village or villages in which the property proposed to be dealt with is situate, and if there is no village chavadi in a conspicuous place in the said village, or villages and on the notice board of the Panchayat ; and
(c) on the notice board of the offices of the Commissioner and of the Assistant Commissioner having jurisdiction over the area in which the math or temple concerned is situate.
(iii) by beat of tom tom in a busy central place in the locality in which the property is situate.
3. When the proposal relates to an inam granted for service in a religious institution and is made by an office-holder or servant of the institution, notice shall be sent to the trustee of the institution by registered post, acknowledgement due. Notice shall also be given to the person other than the trustee, if he is actually in possession of the property.
4. The notice shall invite objections and suggestions with respect to the proposals and fix the time within which they shall be submitted. They shall be considered after such inquiry as may be necessary.
5. While according sanction, the Government may impose such conditions and give such directions as they may deem necessary regarding the utilisation of the amount raised by the transaction, the investment thereof, and in the case of a mortgage, regarding the discharge of the same within a reasonable period and other relevant factors.
32
6. After the final orders of the Government on a proposal, another notice shall be given before actually executing the decision. A copy of the order of the Government sanctioning an exchange, The Exchange, sales etc., of inam LANDS RULES sale or mortgage or lease for a period exceeding five years shall, in addition to being communicated to the trustee and persons having interest, if any, who appeared in the proceedings, be published by affixture —
(a) on the notice board of the office of the Commissioner and the Assistant Commissioner having jurisdiction over the area in which the religious institution concerned is situate ;
(b) on the notice board or the front door of the religious institution concerned;
(c) on the notice board of the office of the municipal council or the Corporation of Chennai or the village chavadi and, if there is no village chavadi, in some other public place in the village in which the religious institution concerned is situate and on the notice board of the Panchayat Board ;
(d) in a newspaper of the language of the locality where the religious institution is situate :
Provided that where the value of the property involved is less than Rs. 300/-, the requirement of publication may be dispensed with at the discretion of the Government; and
(e) where the religious institution is in one village, and the property to be exchanged, sold or mortgaged or leased for a period exceeding five years is in another village, a copy of the order of the Government shall be affixed on the notice board of the village chavadi of the village in which the property is situate and, if there is no village chavadi, in some other public place in the village in question.
THE RESUMPTION AND REGRANT OF INAMS RULES.* (G. O. Ms. No. 864, Revenue, dated 15th February 1960.)
1. These rules may be called the Resumption and Regrant of Inams Rules. 32.
In these rules, unless there is anything repugnant in the subject or context ons
(i) “clause” means a clause of sub-section (2) of section 41 of the Act;
boi (ii) “Commissioner” means the Commissioner appointed under section 9 of the Act.
3. Form of application and presentation thereof.—Every application under clause (a) shall be in Form A annexed to these rules and shall be presented to the Collector in person or by counsel.
4. Copies to accompany application. The application shall be accompanied by as many copies thereof as are required for service on the Commissioner and each of the persons mentioned in clause (b).-due si bantiago 33 Published in Rules Supplement to Part I of the Fort St. George Gazette, dated 11th May, 1960. f(Page 204) (Page 204) Sausio RULES ISSUED UNDER T. N. H. R. & C. E. ACT, 1959
5. Deed of alienation, if any, to accompany application. If the application is made on the ground specified in sub-clause (i) of clause (a), it shall be accompanied by an authenticated copy of the deed, if any, under which the inam or portion thereof was gifted, exchanged, sold, mortgaged or leased.
6. Procedure of Collector.- (1) On receipt of an application under clause (a), the Collector shall —
(a) if he is satisfied that the application is in conformity with the provisions of the Act and these rules, fix a date for the enquiry which shall not be less than thirty days from the date of the application ; and
(b) if he is not so satisfied, return the application to the applicant for being brought into such conformity and re-presented within a reasonable period to be specified, which may, however, be extended at the discretion of the Collector.
(2) In cases falling under clause (b) of sub-rule (1) —
(a) if the application is not re-presented within the period specified in that behalf or if it is so re-presented within such period but the Collector is not satisfied that it has been brought into conformity with the provision of the Act and these rules, the Collector may reject the application ; and bainio (b) if the application is re-presented within the period aforesaid and the Collector is satisfied that it has been brought into conformity with the provisions of the Act and these rules, the Collector shall fix a date for the inquiry which shall not be less than thirty days from the date of re-presentation of the application.
7. Service and publication of notice of application.- (1) In cases, where an application has been presented under clause (a) the notice referred to in clause
(b) shall be in Form B annexed to these rules, and shall be accompanied by a copy of the application and shall be served in the manner specified in sub-rule
(3).
(2) In cases, where the Collector acts on his own motion under clause (a), the notice referred to in clause (b) shall be in Form B-1 annexed to these rules and shall be served in the manner specified in sub-rule (3). fon (3) Service of such notice shall be effected — W ()
(a) in the case of the Commissioner, by a copy being sent by registered post to the Commissioner ; and
(b) in the case of each of the other persons mentioned in clause (b), by delivery of copy to such person or some adult male member of his family at his usual 34 place of residence or to the authorised agent of such persons. So (4) Such notice shall be published — oj boli (a) on the notice board of the office of the Assistant Commissioner and Tahsildar and Collector concerned ;
(b) on the notice board or the front door of the math or temple concerned ;
(c) on the notice board of the office of the municipal council including the Corporation of Chennai or the village chavadi and if there is no village chavadi in some other public place in the village in which the temple concerned is situate ;
ni niti (d) in another conspicuous place in the locality which may be selected by the Collector in his discretion.
The notice shall also be published in the District Gazette in the case of math or temple situated in the mofussil and in the Tamil Nadu Government Gazette in the case of math or temple situated in the City of Chennai. 18. Procedure at inquiry.—At the inquiry under clause (b), the Collector shall hear and record the substance of the evidence produced by the parties concerned on such of the following points as are relevant, namely :
(i) whether the inam was or was not made, confirmed or recognized by the Government ; (ii) the purpose for which the inam was granted ;
RULES ISSUED UNDER T. N. H. R. & C. E. ACT, 1959
(iii) whether the inam consists of both the melvaram and the kudivaram or only of the melvaram ;
(iv) whether the inam or any portion thereof was or was not alienated by exchange, gift, sale, mortgage, or lease for a term exceeding five years ;
(v) what the custom or usage concerning the performance of the charity or service as the case may be is ;
(vi) whether there has been any failure to perform or to make the necessary arrangements for performing the charity or service in accordance with such custom or usage ;
(vii) in case, a portion of the inam has been alienated or is in the enjoyment of any person or persons who has or have failed to perform or make the necessary arrangements for performing his or their part of the charity or service for performing which the inam was granted, whether the portion can be separately sub-divided ;
(viii) whether the math or temple has ceased to exist ; and
(ix) whether the charity or service has become impossible of performance.
performance. To Setoa TIDEVIASESIVO
9. Publication of order of resumption.--A copy of every order of resumption passed under clause (a) shall be published in the same manner as in the case of notice published under rule 7(4) above.
35
10. Time for and presentation of appeals.-(1) The time allowed to a party for preferring an appeal to the District Collector against any order passed by the Collector under clause (a) shall be sixty days from the date of receipt of the order by the party, after excluding the time, if any, taken by him for obtaining an authenticated copy of the order. hese (2) Such appeal shall be presented to the District Collector in person or by counsel and shall be accompanied —.
(a) by an authenticated copy of the order appealed against ; and THE RESUMPTION AND REGRANT OF INAMS RULES ni bobi (b) by as many copies of the memorandum of appeal as are required for service on each of the persons and bodies mentioned in clause (b).
11. Procedure in appeal.-- (1) On receipt of any such appeal, the District Collector shall fix a date for the inquiry and give the notice referred to in subclause (i) of clause (d) in the Form C, annexed to these rules. Every such notice shall be accompanied by a copy of the memorandum of appeal. The notice shall be served in the manner prescribed in sub-rule (3) of rule 7. At the inquiry the District Collector shall peruse the evidence recorded by the Collector under rule 8, hear the parties who may appear before him and pass an order as required by sub-clause (i) of clause (d).
(2) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, before the District Collector, but if it is found that — tabliers (a) the Collector has refused to admit evidence which ought to have been admitted, or yogi og
(b) the District Collect requires any document to be produced or any witness to be examined to enable him to pronounce judgment, or 102532 Teil on peitub eroitoollog ogsliv od mom judgment, or
(c) there is any other substantial cause, the District Collector may allow such evidence or document to be produced or such witness to be examined. BISTE Wib Wherever additional evidence is allowed to be produced by the District Collector under the foregoing provisions, he shall record the reason for the admission.
12. Application for execution of order of re-grant .- Any application for the execution of an order passed under clause () regranting any inam or part of an inam shall be presented to the Collector in Form D annexed to these rules within one year from the date of the order, if no suit is filed in a Civil Court under the proviso to sub-clause (ii) of clause (d) and within sixty days from the date of the disposal of the suit, if one is filed.
RULES ISSUED UNDER T. N. H. R. & C. E. ACT, 1959 The Collector may, however, for reasons to be recorded in writing, admit an application presented after the period prescribed under this rule.
36 Explantion.—No suit shall be deemed to be “disposed of" within the meaning of this rule- xml om (a) until the time for preferring an appeal or a second appeal from the decree passed by the Court of first instance or by the first appellate Court, as the case may be, has expirted, or
(b) if an appeal or a second appeal has been preferred within such time until such appeal or second appeal has been finally decided.
13. Manner of execution of order of re-grant.-An order under clause () regranting any inam or part of an inam, shall be executed in the following manner :
(i) Where the inam or part and the re-grant relate to the melwaram only, the Collector shall send an order to the Tahsildar of the taluk concerned, to pay the actual net assessment collected on the resumed inam or part, to the math or temple concerned, or to such religious, educational or charitable institution recommended by the Commissioner, as the case may be, by way of beriz deduction from the village collections during the kist season and to effect necessary changes in the village and taluk accounts; and 6 (ii) Where the inam or part and re-grant comprise both the melwaram and the kudiwaram, the Collector shall issue warrant, authorizing to take possession of the land and deliver it to the math or temple concerned or to such religious educational or charitable institutions recommended by the Commissioner, as the case may be, after removing, if need be, any person bound by the order of re-grant who refuses to vacate the land. To soite
14. Issue of the title deed where inam comprises both warams.In case referred to in clause (ii) of rule 13, the Collector shall, after delivering possession of the land to the math, temple or other institution, as the case may be, send proposals to the Inam Commissioner through the District Collector, for issuing the necessary title deed in its favour. I THE RESUMPTION AND REGRANT OF INAMS RULES
15. Assessment to be levied on resumed inam consisting only of melwaram.- Where the inam relates to the melwaram only, the assessment levied on the resumed inam shall be —
(a) in case the inam is situated in a ryotwari village, the current assessment levied on similar lands in the vicinity, and
(b) in case the inam is situated in a proprietary village, the current assessment levied on similar lands in the ryotwari village in the neighbourhood.
isbilqqu adli to String 2 RULES ISSUED UNDER T. N. H. R. & C. E. ACT, 1959 changes 37 Home to ANNEXURESZEL ORDER Form A. de Ter 2018 (See rule 3.) Application under section 41(2) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.
1. Name, description, and place of residence of the applicant.
2. If the applicant is not the trustee of the math or temple, or the Commissioner, what interest he has in the math or temple and whether he has obtained the consent of such trustee or Commissioner (a copy of the letter according such consent shall be appended hereto). 3. Name, description, age and place of residence of -
(a) the inamdar or where only a part of the inam is affected, each of the holders of the several parts of the inam, and
(b) the alienee. 4. Whether the inam has been recognized by the Government, if so, the date and number of the title deed issued by the Inam Commissioner should be given.
5. A concise statement of the conditions and return of the grant.
6. Reason for resuming the inam.
Certified that the particulars furnished herein are true to the best of my knowledge and belief.
Signature of the applicant.
THE RESUMPTION AND REGRANT OF INAMS RULES Form B.
[See rule 7(1)] Notice under section 41(2) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. In the Court of_ada (cat_ _district.
No. _ of 19 _ Subjects: Inam - Religious/Charitable_ taluk, village T.D. No. Resumption.
To (Name, description and place of residence) Whereas has presented an application to this Court praying for the resumption of the whole of the inam/a portion of the inam described below on account of Take notice that if you have and cause to show why the inam/ a portion of the inam should not be resumed, you should appear in person or by a counsel, duly instructed with proofs in this Court on od the day of 19_ , when the said application will be heard and disposed of, failing which the said application will be heard and disposed of ex parte and it 38 will be presumed that you consent to the resumption of the inam/a portion of the inam.
of Given under my hand and the seal of the Court, this day of RULES ISSUED UNDER T. N. H. R. & C. E. ACT, 1959
SCHEDULE.
(Description of the inam) ubmit be list Form B-1 1992 abr afton Appliances [See rule 7(2).] indonesia Notice under section 41(2)(b) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. In the Court of E ste at the health or district district taluk, consent shall Budi online hele No.
of 19 _ch trustee on Subjects: Inam district _ Resumption. To the 1 (Name, description and place of residence) Whereas I have reason to believe that the whole of the Inam/ a portion of the inam described below should be resumed on account of Take notice that if you have any cause to show why the inam/ a portion of the inam should not be resumed, you should appear in person or by a counsel duly instructed with proof, in this Court on the iw bountai_day of og svd to 19_q a when the aforesaid matter will be heard and disposed of, failing which the matter will be heard and disposed of ex parte, and it will be presumed that you consent to the resumption of the inam/ a portion of the inam. Given under my hand and the seal of the Court, this day of 19 ni to totTO S\smi on to noij EU291 Collector THE RESUMPTION AND REGRANT OF INAMS RULES
SCHEDULE.
(Description of the inam) on lo me P-97 10 tobro Form C 199ms To bolsoilag ubmi mbalims [See rule 11 (1).] e rebautism Notice under section 41(2) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. Subjects: Inam - Religious/Charitable taluk, _ village T.D. No. Resumption.
39 - Appeal from the of the Court of dated_ ____------ 1 ) (Name, description and place of residence) Take notice that an appeal from the order of_ in this case has been presented by.
_ and registered in this Court and that the _ day of 19 has been fixed by this Court for the hearing of this appeal. If no appearance is made by yourself in person or by your counsel, the appeal will be heard and decided in your absence. Given under my hand and the seal of the Court, this day of 19 District Collector.
RULES ISSUED UNDER T. N. H. R. & C. E. ACT, 1959 Form D [See rule 12.] Application for execution of the order of re-grant of the inam under section 41 (2) (f) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.
1. Name, description, age and place of the applicant.
2. Number and date of the order for the execution of which the application is made.
3. Whether an appeal has been preferred to this District Collector or a suit has been filed in the Civil Court against the order. If so, with what result.
4. Name, description, age and place of residence of each of the persons against whom the order is sought to be executed.
5. Mode in which the assistance of the collector is required, whether by delivery of land or recovery of money allowance.
Certified that the particulars furnished herein are true to the best of my knowledge and belief. DOS O my knowicago and Dale case howlithe nam 40 THE RELIGIOUS INSTITUTIONS CUSTODY OF JEWELS, VALUABLES AND DOCUMENTS AND DISPOSAL RULES.* (G.O. Ms. No. 4055, Revenue, dated 23rd February 1961 as amended by G.O. Ms. No. 1361, Revenue, dated 5th April 1963 and G.O.
Ms. No. 275 C.T. & R.E., dated 16th July 1997) 1. Short title.—These Rules may be called the Religious Institutions Custody of Jewels, Valuables and Documents and Disposal Rules.
DOB 2 300DIS 25 de 2. Maintenance of register, etc.—The trustee of every religious institution shall maintain a register in such form as shall be specified by the Commissioner. It shall contain lists of the jewels, the gold vessels, the silver vessels and other valuables. The lists shall give a correct description and full particulars of the jewels and other valuables and also the gems, if any, in the jewels. The estimated value of jewels and the weight of the jewels and valuables other than the vahanams, shall be stated in the respective lists. Where new jewels or valuables are purchased or otherwise acquired entries shall be made in the said register then and there. When any jewel Original rules published in Part V of the Fort St. George Gazette, dated 25th October, 1961. (Page 1073).
RULES ISSUED UNDER T. N. H. R. & C. E. ACT, 1959 or valuable is sold, lost, exchanged or altered, an entry shall be made about it in the register and any new jewel or valuable that is substituted shall be entered as a fresh item.
3. Arrangements for the safe custody of jewels and valuables.—The trustee shall be responsible for making proper arrangements for the safe custody of the jewels and valuables. He shall provide iron safe, boxes or other receptacles with locking arrangements. Wherever necessary strong rooms shall be maintained for keeping the iron safe, boxes or other receptacles. The mandapams, halls or rooms, in which gold or silver vahanams or palanquins are kept shall have suitable locking arrangements, and the vahanams shall be covered by dust proof sheets when not in use.
4. Custody of jewels and valuables where there is no executive officer.—Where the institution has no executive officer, the jewels and valuables shall be kept in the custody of the trustee if the number of the trustee is one, and in the joint custody of the Chairman of the Board of Trustees and such other trustee as may be decided upon by all the trustees if the number of trustee exceeds one.
b Notwithstanding anything contained in the Custody of Jewels, Valuables and Documents and Disposal Rules, 1961 and the Installation, Safeguarding and 41 Accounting of Hundials Rules, 1975, in the case of religious institutions for which there is no hereditary trustee and the functions of the Board of Trustees as the case may be, performed by the executive officer or by a fit person appointed by the Government under clause (b) of sub-section (2) of the section 11 of the Tamil Nadu Hindu Religious and Charitable Endowment (Amendment and Special Provisions) Act, 1976 (President's Act 1976) and in respect of such religious institution, hundials, jewels and valuables are required to be in joint custody immediately before the date of the commencement of the said President's Act, the Government or the Commissioner may, by a special order, direct that the key of one lock of each of the receptacles in which the jewels are kept and when there is a strong room, one key of such strong room and key of cash hundial shall be entrusted by the executive officer or the fit person, as the case may be, to such person as may be authorised in this behalf. 1 (Added by G. O. Ms. No. 886, C. T. & R. E., dated 28th June 1976).
5. Custody of jewels and valuables where there is an executive officer.—Where the institution has an executive officer, the jewels and valuables shall be in the joint custody of the executive officer and the trustee or if the number of trustee exceeds one, the Chairman of the Board of Trustees.
6. Custody of double-lock system.-Where jewels and valuables are in joint custody, each of the safe receptacles in which they are kept and where there is a strong room, such strong room also, shall have at least two locks of different pattern and the key of one of the locks shall be in the custody of one person having a joint custody and that of the other lock shall be in the custody of the other person.
7. Taking out jewel or valuable out of the receptacle or strong room.—Whenever any jewel or valuable in joint custody has to be taken out of the receptacle or the strong room, it shall be done in the presence of the persons having joint custody or their duly authorised agents.
8. Procedure to be followed when jewels and valuables are to be entrusted to an office-holder for use during festival.Jewels and valuables which are not used daily but are used only during festivals on any special occasion may, when they are required for use, be entrusted to an office-holder after obtaining his written acknowledgement in a register specially kept for the purpose. A written undertaking shall also be taken from the office-holder that he will indemnify the institution against loss or damage of the jewel or valuable. The acknowledgement and the written undertaking shall be in the forms contained in the annexure to these rules. The particulars regarding the jewels and valuable taken out and their serial number in the register maintained under rule 2 and the duration of the period for which the custody is entrusted to the office-holder, shall also be entered in the said register. If the jewel 42 or order of Court or any custom or usage, in one or more officeholder or servants ,
(a) the trustee and if the number of trustee exceeds one, the Chairman of the Board of Trustees and the Executive Officer, if any, shall have the right to the custody of the key of one of the locks of each of the safe receptacles in which the jewels or valuables are kept and of the key of one of the locks of the door of the strong room, if any;
(b) the provisions of rules 7 to 9 shall be applicable ; and
(c) the Commissioner shall have power to order the taking of such security as he may deem fit from any office-holder or servant who may be entrusted with any jewel or valuable or issue such direction as he may deem fit according as the circumstances of the institution may require.
11. Trustee shall not repair, alter, etc., any jewel or valuable.—A trustee shall not repair, alter, replace, sell, gift away, pledge or destroy any jewels, vahanams, or other valuables in the temple, without the prior permission of the Commissioner.
12. Commissioner to issue instructions for the preservation of articles.—The Commissioner shall issue such instructions to the trustee as may be necessary for the preservation or otherwise of the articles mentioned in the previous rule and the trustee shall be bound to carry out such instructions. 1991 onlinna
13. Trustee shall not melt any jewel or valuable.--A trustee shall not, without obtaining the previous sanction of the competent authority, melt, any jewels or valuables in the temple including kanikkai articles in gold and silver and the competent authority may issue such instructions as may be necessary for the melting and the trustee shall be bound to carry them out.
14. Trustee shall not make any new jewel or vahanam.-A trustee shall not, without obtaining the previous sanction of the competent authority, make any new jewel or vahanam for the use of the temple. ( 15. Custody of documents.
Documents relating to the title of a religious institution to properties and securities such as or valuable so entrusted is required for more than one day, the trustee shall provide facilities to the officé-holder to keep the jewel or valuable in safety. As soon as the festival or special occasion or the period for which the jewel or valuable is taken whichever is earlier is over, the office-holder shall return the jewel or valuable to the person or persons entitled to possession thereof.
Simultaneously with return, a record as to such return shall be made in the register maintained under rule 2.
9. Entrusting jewels and valuable to an archaka or other office-holder.-- Notwithstanding the provisions contained in rules 4 to 6, jewels and valuables required for use everyday may on the responsibility of the trustee, be entrusted to an archaka or other office-holder for custody. Such archaka or other office- 43 holder shall be provided with necessary safe receptacles, with locking arrangements for keeping the jewels and valuables. The trustee shall in such case obtain a written acknowledgement in the register referred to in rule 7 from the archaka or other office-holder in token of receipt of the jewels and valuables and a written muchilika or bond undertaking to be responsible for their safety, to indemnify the institution for loss or damage arising from his neglect or misconduct and to produce them for check whenever called upon to do so. The trustee shall make periodical verification of the jewels and valuables entrusted under this rule. But, the Executive Officer, if any, or the Chairman of the Board of Trustees in consultation with trustees, may provide additional safeguards, that may be required for ensuring such safe custody in the interests of administration subject to such conditions as the Commissioner may, by general or special order, direct so that responsibility could be shared by other office-holders or archakas entering the garbagraham when the jewels are in actual use. ghalivo
10. Procedure to be followed if possession of jewel or valuable is vested in one or more office-holders under any scheme or any decree of Court.-Where the right of possession of any jewel or valuable is vested under any scheme or any decree Government promissory notes, stock certificates, debentures, post office cash certificates, National Saving Certificates and fixed deposit receipts of banks obtained by the institution and mortgage deeds, bonds and promissory note in favour of the institution, shall be —
(a) where the institution has more than one trustee and no Executive Officer, in the custody of the Chairman of the Board of Trustees ;
(b) where the institution has more than one trustee and an Executive Officer, in the joint custody under double lock of the Chairman of the Board of Trustees and the Executive Officer ;
(c) where the institution has only one trustee and an Executive Officer, in the joint custody under double lock of the trustee and the Executive Officer, and
(d) where the institution has only one trustee and no Executive Officer, in the custody of the trustee.
16. Documents in joint custody taken out for reference.When any document referred to in rule 15 which is in joint custody, is required for reference, encashment or other purpose, it shall be taken out in the presence of the persons having such custody, or their authorized agents and a record thereof shall be made in a register (containing details of documents) kept for the purpose. When the document is restored to joint custody, an entry thereof shall be made in the register.hu
17. Responsibility of the persons having joint custody. The persons having joint custody shall be responsible for taking timely action for the recovery of any moneys or properties recoverable under the securities and if there is default in taking timely action owing to their neglect or other cause, they shall be 44 responsible for the loss, if any, to the institution. ' A 18. Rules 16 and 17 to apply to documents in the safe custody of the Chairman.-The provisions in rules 16 and 17 will apply mutatis mutandis in respect of documents in the sole custody of the Chairman of the Board of Trustees.
19. Custody of documents other than those referred to in rule 15.—Documents other than those referred to in rule 15 shall be in the custody of such officer as the trustee or the Chairman of the Board of Trustees, as the case may be, may choose and if the institution has an Executive Officer in the custody of such Executive Officer.
20. Rules 15 to 19 shall be subject to any scheme settled. The provisions of rules 15 to 19 shall be subject to the provisions of any scheme settled or deemed to be settled under the said Act.
21. (1) All the jewels and valuables of religious institutions shall be appraised by a team of officers consisting of a Verification Officer in the cadre of Deputy Commissioner, a Gold-cum-Gem specialist and a Technical Assistant and they shall have the responsibility of appraisement work in all the temples in their respective jurisdiction.
(2) The Verification Officer shall submit a report in detail about the jewels and valuables appraised and it shall specify — 19 A ub (a) whether the institution is listed or non-listed ;
(b) the person who was in management;
(c) the person or persons with whom the jewels and valuables are entrusted for custody and the security furnished by them ; TO 2011 (d) the names of officers who had undertaken the appraisement work ;oo lioste toewidest 291doul (e) the value of the jewels and valuables missing, if any, and the person or persons responsible for the loss; 199
(f) the fineness of each jewel and valuable appraised and its value ; and and un
(g) abstract of weights and value of gold, silver and gems appraised. ice
(3) Once in a year, after the first appraisement is made, annual supplementary verification of gold, silver articles, etc., received by religious institutions by means of kanikkai shall be made and a report shall be sent to the Commissioner.
Go (4) Once in five years, with reference to the first appraisement or revised appraisement and annual supplementary appraisement, a consolidation, giving effect to additions and deletions, revised appraisement of jewels and valuables in respect of all religious institutions shall be made and a report specifying the particulars referred to in sub-rule (2) shall be sent to the Commissioner.
A (5) In respect of the reports of appraisement of jewels and valuables relating to the temples having Executive Officers in the cadre of Joint Commissioner, Deputy Commissioner and Assistant Commissioner, the Government shall be 45 the approving authority. Sul (6) In the case of other temples, the Commissioner shall be the approving authority.
Da 3201 ANNEXURE. I. Form of acknowledgement prescribed under rule 8 issued under section 116 (2) (xii) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 ( Tamil Nadu Act 22 of 1959).
1. Name of the institution : Le Village : genced water Village :
2012 noch betody Taluk / District :
Taluk / District : bebejelo so baie moduly 2. Date and time of issue : 3.
Purpose of issue, i.e., daily use for adorning the deities or the name of festival or special occasion, etc: Duration of the period for which the jewels and valuables are entrusted : to oldies 5. Description of jewels and valuables — orang (a) Serial number of the jewels and valuables in the register :
(b) Full description of jewels and valuables in the register : 299 (c) Number of items : of the (d) Weight as shown in the register : and 17 w
(e) Value as shown in the register : mono 6. Name of the officer to whom the jewels and valuables are issued : 7. Time and date of acknowledgement of the recipient :
CUSTODY OF JEWELS, VALUABLES & DOCUMENTS ... RULES I have taken custody of the jewels and valuables described in column 5 for daily use, festival or special occasion for days from ............ to .................. after verifying and satisfying myself that they tally with the particulars in column 5.
Date and time : bono at wodi 10 Vis Tolls gubota Signature. Place : doinw gailist toidulisani adi 10 zaiditontur Designation. Witnesses : 2201 od boog als bris grizeim as mani ei ol 99Tgs
(a) Issuing Officer : Startpagi2 (6) Any other servant of the institution : bus asa
8. Date and time of return of the jewels and valuables to the institution :
9. I have checked the jewels and valuables and satisfied myself that they tally with the particulars in column 5 and received them in good condition : un 10. Remarks.
Reverenditet November Date and time :
Signature of the person receiving back the jewels and valuables Place : se intes Pull Designation.
II. Form of undertaking of the office-holders receiving the 46 jewels and valuables of the institution.
I hereby undertake to be responsible for the safety of the jewels, etc., entrusted to my custody as per my acknowlegement, dated ...... and for adorning the deities as per custom and usage and undertake to return them intact on the expiry of my turn of duty or service in the festival or special occasions and undertake to indemnify Arulmighu / Sri......
.............................................. .................temple, ..Village. Taluk,..............
..District, for the loss of whole RULES ISSUED UNDER T. N. H. R. & C. E. ACT, 1959 or in part of the jewels and valuables entrusted to my custody or damages caused to them arising out of my carelessness, negligence, misconduct or any other cause as estimated by the trustee or the executive authority of the institution from my personal property and also to produce all or any of them for check at any time under orders of the authorities of the institution failing which I hereby agree to take them as missing and make good the loss accordingly.
Date and time : ita on noin Signature Place : adulisy pis kliews : Designation of the Office-holder Witnesses - 1. Name of the Issuing Officer and time : 2. Name of any other servant of the institution : Done THE MANNER OF PUBLICATION OF THE LIST OF RELIGIOUS INSTITUTIONS (OTHER THAN SHE MATHS OR SPECIFIC ENDOWMENTS on 10 29 ATTACHED THERETO) RULES.* Abm (G. O. Ms. No. 4524, Revenue, dated 5th November 1960 as amended by G. O. Ms. No. 275, C.T. & R.E., dated 16th July 1997) otto ai bomo
1. These rules may be called the Manner of Publication of the List of Religious Institutions (other than Maths or Specific Endowments attached thereto) Rules.
2. The list of religious institutions prepared by the Commissioner under section 46 shall be published —
(i) on the notice board of the office of the Commissioner ;
(ii) on the notice boards of the offices of the Joint and Deputy and Assistant Commissioners concerned having jurisdiction over the area in which the temple included in the list is situate or the temple to which the specific endowment included in the list is attached is situate ;
47 Original rules published in Part V of the Fort St. George Gazette, dated 23rd November, 1960. (Page 521).
RULES ISSUED UNDER T. N. H. R. & C. E. ACT, 1959
(iii) on the notice board or front door of the temple included in the list of the temple to which the specific endowment included in the list is attached ;
Rec(iv) in the District Gazette ; and and (v) in the Tamil Nadu Government Gazette.
3. Notice of the inclusion or omission of any religious institution in the list shall be sent to the trustee or trustees of the religious institution concerned.
4. Any modification of the list shall be communicated to the trustee or trustees and shall also be published in the manner laid down in rule 2. O VOITAS NOTE: The lists published by affixture on the notice boards of the offices of the Joint Commissioners, Deputy Commissioners and Assistant Commissioners shall contain only the names of the religious institutions within the jurisdiction of the officers concerned. For the purpose of rule 2(iii), it shall be sufficient if the notice contains the information that the religious institution concerned is one to be included in the list.
THE FUNCTIONING OF THE BOARD OF TRUSTEES RULES.* (G.O. Ms. No. 4524, Revenue, dated 5th November 1960 as amended by G.O.
Ms. No. 1244 C.T. & R.E., dated 13th August 1979 and G.O. Ms. No. 275 C.T.
& R.E., dated 16th July 1997)
1. These rules may be called The Functioning of the Board of Trustees Rules.
1A. The Assistant Commissioner shall, for purpose of constituting the Board of Trustees, group religious institutions whose annual income is less than ten thousand rupees and are situated within a radius of ten kilometers for better management and governance of such religious institutions.
2. (1) The Board of Trustees of a religious institution shall meet ordinarily once in a month and more often, if need be, for the transaction of the business of the religious institution. Meetings shall be convened by the Chairman of the Board of Trustees :
Provided that not more than three months shall lapse between the date of one meeting of the Board of Trustees and that of the next.
Original rules published in Part V of the Fort St. George Gazette, dated 23rd November, 1960. (Page 521).
RULES ISSUED UNDER T. N. H. R. & C. E. ACT, 1959 48
(2) In the case of religious institutions having an Executive Officer, meetings shall be convened by the Executive Officer on such dates as he may fix in consultation with the Chairman of the Board of Trustees :
Provided that the Executive Officer shall himself fix the date for a meeting if the Chairman on a reference made to him in writing by the Executive Officer in that behalf, does not communicate his opinion to the Executive Officer within the time specified in such reference.
(3) In the case of a religious institution which has no executive Officer, the meeting shall be convened by the Chairman of the Board of Trustees on such dates as he may fix.
3. The meetings of the Board of Trustees shall be held at the place where the religious institution is situated and in the premises of the religious institution itself or in the premises of its office. Where the religious institution is a specific endowment having no office premises, the meeti