(1) 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 be null and void unless it is sanctioned by 1[the Commissioner] as being necessary or beneficial to the institution :
Provided that before such sanction is accorded, the particulars relating to the proposed transaction shall be published in such manner as may be prescribed, inviting objections and suggestions with respect thereto; and all objections and suggestions received from the trustee or other persons having interest shall be duly consider by 1[the Commissioner] :
2[Provided further that the Commissioner shall not accord such sanction without the previous approval of the Government].
1. The words “the Commissioner” wee substituted by the words “the Temple Administration Board” by Tamil Nadu Act 46 of 1991, and subsequently the words “the Temple Administration Board” were substituted for the words “the Commissioner” by Tamil Nadu Act 39 of 1996.
2. The words “the institutions in respect of which the Area Committee exercise powers and discharges duties any member of the Committee authorized by it in this behalf” were omitted by section 17 of Tamil Nadu Act 19 of 1968.
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Explanation.—Any lease of the property above mentioned through for a term not exceeding five years shall, if it contains a provision for renewal for a further term (so as to exceed five years in the aggregate), whether subject to any condition or not, be deemed to be a lease for a period exceeding five years.
(2) When according such sanction, 1[the Commissioner] may impose such conditions and give such direction, as 3[he] may deem necessary regarding the utilization 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.
(3) A copy of the order made by 1[the Commissioner] under this section shall be communicated to the Government and to the trustee and shall be published in such manner as may be prescribed.
(4) The trustee may, within three months from the date of his receipt of a copy of the order, and any person having interest may within three months from the date of the publication of the order 4[appeal to the Court] to modify the order or set it aside.
1[(4-A) The Government may issue such directions to the Commissioner as in their opinion are necessary, in respect of any exchange, sale, mortgage or lease of any immovable property, belonging to, or given or endowed for the purpose of, any religious institution and the Commissioner shall give effect to all such directions].
(5) Nothing contained in this section shall apply to the imams referred to in section 41.
1. The words “the Commissioner” were substituted by the words “the Temple Administration Board” by Tamil Nadu Act 46 of 1991, and subsequently the words “the Temple Administration Board” were substituted for the words “the Commissioner” by Tamil Nadu Act 39 of 1996.
2. Inserted by Tamil Nadu Act 38 of 1998 which came into force on the 22nd January 1999.
3. The words “he” was substituted by the word “it” by Tamil Nadu Act 46 of 1991 and subsequently the word “it” was substituted by the word “he” by Tamil Nadu Act 39 of 1996.
4. Substituted for the words “appeal to the ‘Government” by the Tamil Nadu Hindu Religious and Charitable Endowments (Second Amendment) Act, 1998 (Tamil Nadu Act 38 of 1998), which came into force on the 22nd January 1999.
31 2[34-A. Fixation of lease rent.—The lease rent payable for the lease of immovable property belonging to, or given or endowed for the purpose of, any religious institution, shall be fixed by a Committee consisting of the Joint Commissioner, the Executive Officer or the Trustee or the Chairman of the Board of Trustees, as the case may be, of the religious institution and the District Registrar of the Registration Department in the district concerned taking into account the prevailing market rental value and the guidelines, as may be prescribed and such lease rent shall be refixed in the like manner once in three years by the said Committee.
Explanation.—For the purpose of this sub-section, “prevailing market rental value” means the amount of rent paid for similar types of properties situated in the locality where the immovable property of the religious institution is situated.
(2) The Executive Officer or the Trustee or the Chairman of the Board of Trustees, as the case may be, of the religious institution concerned, shall pass an order fixing the lease rent and intimate the same to the lessee specifying a time within which such lease rent shall be paid.
(3) Any person aggrieved by an order passed under sub-section (2), may, within a period of thirty days from the date of receipt of such order, appeal to the Commissioner, in such form and in such manner, as may be prescribed.
(4) The Commissioner may after giving the person aggrieved an opportunity of being heard, pass such order as he thinks fit.
(5) Any person aggrieved by an order passed by the Commissioner under sub-section (4) may, within ninety days from the date of receipt of such order, prefer a revision petition to the High Court :
Provided that no appeal or revision shall be entertained under sub-section
(3) or sub-section (5), as the case may be, unless it is accompanied by satisfactory proof of deposit of the lease rent so fixed or refixed, in the account of the religious institution concerned and such amount shall be adjusted towards the lease amount payable by the lessee as per the order passed in the appeal or revision, as the case may be.
34-B. Termination of lease of immovable property.—(1) The lease of immovable property belonging to, or given or endowed for the purpose of, any religious institution shall be liable to be terminated on the non-payment of the lease rent or on violation of any of the conditions imposed in the lease agreement (Added by the Act 31/2009) after giving a reasonable opportunity of being heard.
1. Inserted by Tamil Nadu Act 38 of 1998.
2. Sections 34-A to 34-D were inserted by Tamil Nadu Act 25 of 2003 which came into force on the 10th May 2003.
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(2) No proceeding to terminate the lease shall be initiated, if—
(i) the time for appeal or revision under sub-section (3) or sub-section (5), as the case may be, of section 34-A has not expired; or
(ii) the order has been made the subject of such appeal or revision till the disposal of the matter.
(3) On the termination of the lease under sub-section (1), the property shall vest with the concerned religious institution free from all encumbrances and the Executive Officer, the Trustee or the chairman of the Board of Trustees, as the case may be, of such religious institution shall take possession of the property including the building, superstructure and trees, if any.
34-C. Payment of amount.—(1) There shall be paid an amount to the lessee for the building, superstructure and trees, if any, erected or planted in accordance with the terms of agreement or with the permission of the Commissioner by the lessee on the property vested with the religious institution under section 34-B.
(2) The amount specified in sub-section (1) shall be determined by the Committee consisting of the Joint Commissioner, Executive Engineer (Buildings) of Public Works Department having jurisdiction over the area in which the religious institution is situated, the Divisional Engineer (Hindu Religious and Charitable Endowments) concerned and the Executive Officer or the Trustee or the Chairman of the Board of Trustees, as the case may be, of the religious institution and shall be paid by such religious institution in such manner, as may be prescribed.
(3) In determining the amount, the Committee shall be guided by the provisions contained in sections 23, 24 and other relevant provisions of the Land Acquisition Act, 1894 (Central Act I of 1894).
(4) The Executive Officer of the Trustee or the Chairman of the Board of Trustees, as the case may be, shall pass an order specifying the amount payable under sub-section (1) after adjusting the arrears of lease rent, if any, due.
(5) Any person aggrieved by an order passed under sub-section (4) may, within a period of thirty days form the date of receipt of such order, appeal to the Commissioner in such form and in such manner, as may be prescribed.
(6) The Commissioner may, after giving the appellant an opportunity of being heard, pass such order as he thinks fit.
(7) Any person aggrieved by an order passed by the Commissioner under sub-section (6) may, within ninety days form the date of receipt of such order, prefer a revision petition to the High Court.
33 34-D. Bar of jurisdiction of Civil Court.—Save as otherwise provided in section 34-A or 34-C, no suit or other legal proceeding in respect of an order passed under section 34-A or 34-B or 34-C, as the case may be, shall be instituted in any court of law.]
35. Authority of trustee to incur expenditure for securing health etc., of pilgrims and worshippers and for training of archakas, etc., —(1) The trustee of a religious institution may, out of the funds in his charge, after making adequate provision for the purposes referred to in sub-section (2) of section 86, incur expenditure—
(a) on arrangements for securing the health, safety or convenience of disciples, pilgrims or worshippers resorting to the institution ; and
(b) for the training of archakas, Adhyapakas, vedaparayanikas and othuvars.
(2) In incurring such expenditure, the trustee of the religious institution other than a math or a specific endowment attached to a math shall be guided by such general or special instructions as may be given by 1[the Commissioner].