(1) This Act may be called the 2Telangana Charitable and Hindu Religious Institutions and Endowments Act,
1987.
(2) It extends to the whole of the State of 2Telangana.
(3) It applies to—
(a) all public charitable institutions and endowments, whether registered or not, in accordance with the provisions of this Act, other than Wakfs governed by the provisions of the Wakf Act, 1954*.
Explanation:— In this clause, the expression ―public charitable institutions and endowments‖ shall include every charitable institution or endowment the administration of which is for the time being vested in any department of Government, or Civil Court, Zilla Praja Parishad, Municipality
1.The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 received the assent of the President on
15.05.1987. The said Act in force in the combined State, as on
02.06.2014, has been adapted to the State of Telangana, under section 101, of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Notification issued in G.O.Ms.No.37, Revenue (Endowments-I) Department, dated 01.11.2014.
2. Substituted by G.O.Ms.No.37, Revenue (Endowments-I) Department, dated 01.11.2014.
* This Act has been repealed by Wakf Act, 1995 (Central Act 43 of 1995).
Short title, extent, applications and commencement.
Central Act 29 of 1954.
2 [Act No. 30 of 1987] or other local authority, or any company, society, organization, institution or other person;
(b) all Hindu public religious institutions and endowments whether registered or not in accordance with the provisions of this Act.
(4) It shall come into force on such date as the State Government may, by notification in the 3Telangana Gazette, appoint.
2. In this Act, unless the context otherwise requires,-
(1) ‗archaka‘ includes a Pujari, Panda, an Archakatvam Mirasidar or other person, who personally performs or conducts any archana, puja or other ritual;
4[(1A) ‗Archakas and other employees Welfare Fund‘ means, the fund created for the welfare of the Archakas and other employees of the Hindu Religious Institutions and Endowments in the State of 3Telangana under section 161;]
(2) ‗Assistant Commissioner‘ means the Assistant Commissioner appointed under sub-section (1) of section 3 and includes every officer who for the time being exercises the powers and performs the functions of an Assistant Commissioner under this Act or the rules made there under in respect of any charitable or religious institutions or endowments, as specified in sub-section (5) of section 3;
5[(2a) (2b) [xxx]]
3. Substituted by G.O.Ms.No.37, Revenue (Endowments-I) Department, dated 01.11.2014.
4. Clause (1A) of section 2 inserted by Act No.33 of 2007.
5. Clauses (2-a) and (2-b) inserted by Act No.26 of 1990 subsequently omitted by G.O.Ms.No.37, Revenue (Endowments-I) Department, dated
01.11.2014.
Definitions.
[Act No. 30 of 1987] 3
(3) Charitable endowments means all property given or endowed for any charitable purpose;
Explanation-I:— Any property which belonged to or was given or endowed for the support or maintenance of a charitable institution or which was given, endowed or used as of right for any charitable purpose shall be deemed to be a charitable endowment within the meaning of this definition, notwithstading that before or after the commencement of this Act, the charitable institution has ceased to exist or ceased to be used for any charitable purpose or the charity has ceased to be performed.
Explanation-II:— Any Inam granted to a service holder or to an employee of a Charitable institution for the performance of any charity or service in connection with a charitable institution shall not be deemed to be a personal gift to the service holder or to the employees notwithstanding the grant of ryotwari patta to such service holder or employee under the 6Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956, but shall be deemed to be a charitable endowment;
(4) ‗charitable institution‘ means any establishment, undertaking, organization or association formed for a charitable purpose and includes a specific endowment and dharmadayam;
(5) ‗charitable purpose‘ includes,—
(a) relief of poverty or distress;
(b) education;
(c) medical relief;
6. Andhra Area Act.
Act III of 1956.
4 [Act No. 30 of 1987]
(d) advancement of any other object of utility or welfare to the general public or a section thereof not being an object of an exclusively religious nature.
(6) ‗Commissioner‘ means the Commissioner and the Additional Commissioner appointed under sub-section (1) of section 3 and includes every officer who for the time being exercises the powers and performs the functions of a Commissioner under this Act or the rules made there under in respect of any charitable or religious institution or endowment as specified in sub-section (5) of section 3;
(7) ‗Common Good Fund‘ means the 7Telangana Hindu Charitable and Religious Institution and Endowments Common Good Fund, or the 7Telangana Charitable Institutions and Endowments Common Good Fund as the case may be, created under sub-section (1) of section 70.
8[(7-a) [xxx]]
(8) ‗Court‘ means,—
(i) in relation to a charitable or religious institution or endowment situated within the limits of the 9[Greater Hyderabad Municipal Corporation], the City Civil Court, Hyderabad;
(ii) in relation to a charitable or religious institution or endowment situated elsewhere in the State, the Subordinate Judge‘s Court having Jurisdiction over the area in which the said institution or endowment is situate or, if there is no such court, the District Court having Jurisdiction over such area;
7. Substituted by G.O.Ms.No.37, Revenue (Endowments-I) Department, dated 01.11.2014.
8. Clause (7-a) inserted by Act 26 of 1990 and subsequently omitted by G.O.Ms.No.37, Revenue (Endowments-I) Department, dated 01.11.2014.
9. Substituted by Act No.13 of 2008.
[Act No. 30 of 1987] 5
(iii) in relation to a specific endowment attached to a charitable or religious institution, the Court which would have jurisdiction as aforesaid in relation to such charitable or religious institution;
(iv) in relation to a specific endowment attached to two or more such institutions, any Court which would have jurisdiction as aforesaid in relation to either or any of such institutions.
(9) ‗Deputy Commissioner‘ means the Deputy Commissioner appointed under sub-section (1) of section 3 and includes every officer who for the time being exercises the powers and performs the functions of a Deputy Commissioner under this Act or the rules made there under in respect of any charitable or religious institution or endowment as specified in sub-section (5) of section 3;
(10) ‗Dharmadayam‘ means any amount charged or collected under whatever name, according to custom or usage of any business or trade or the agreement between the parties relating to any transaction or otherwise from any party to the said transactions, as being intend to be used for a charitable or a religious purpose;
10[(10-A) ‗Dharmika Parishad‘ means the 11Telangana Dharmika Parishad consistuted under section 152;]
(11) ‗dittam‘ means the schedule of articles and other requirements of worship or offering in connection with the daily dhupa, deepa, naivedyam, pachikam, paricharikam and other general, special or periodical services, ceremonies or observances in the institution, endowment, math or specific endowment, as the case may be;
10. Clause (10-A) of section 2 inserted by Act No.33 of 2007.
11. Substituted by G.O.Ms.No.37, Revenue (Endowments-I) Department, dated 01.11.2014.
6 [Act No. 30 of 1987]
(12) ‗Endowment Administration Fund‘ means the 12Telangana Charitable and Hindu Religious Institutions and Endowments Administration Fund established under subsection (1) of section 69;
13[(12-A) Endowments Tribunal means Tribunal constituted under section 162;]
(13) ‗Executive Officer‘ means an Officer appointed as such under any of the provisions of this Act;
(14) ‗Government‘ means the State Government;
(15) ‗hereditary Office-holder‘ means any office-holder including Pedda Jeeyangar, China Jeeyangar, a Mirasidar and an Archaka of a charitable or religious institution or endowment the succession to whose office devolves according to the rule of succession laid down by the founder or according to the usage or custom applicable to the institution or endowment or according to the law of succession for the time being in force, as the case may be;
(16) ‗hereditary trustee‘ means the trustee of a charitable or religious institution or endowment the succession to whose office devolves according to the rule of succession laid down by the founder or according to usage or custom applicable to the institution or endowment or according to the law of succession for the time being in force, as the case may be;
(17) ‗math‘ means a hindu religious institution presided over by a person, whose principal duty is to engage himself in the teaching and propagation of Hindu religion and philosophy of the teaching and philosophy of the
12. Substituted by G.O.Ms.No.37, Revenue (Endowments-I) Department, dated 01.11.2014.
13. Clause (12-A) of section 2 inserted by Act No.33 of 2007.
[Act No. 30 of 1987] 7 denomination, sector sampradaya to which the math belongs and in imparting religious instruction and training and rendering spiritual service or who exercises or claims to exercise spiritual headship over a body of disciples; and includes any place or places of religious worship, instruction or training which are appurtenant to the institution;
14[(17-A) [xxx]]
(18) person having interest‘ includes,—
(a) in the case of a math, a disciple of the math or a person of the religious persuation to which the math belongs;
(b) in the case of a charitable institution or endowment or a religious institution other than a math or a religious endowment, a person who is entitled to attend at or is in the habit of attending the performance of service, charity or worship connected with the institution or endowment or who is entitled to partake or is in the habit of partaking in the benefit of any charity or the distribution of gifts thereat;
(c) in the case of a specific endowment, a person who is entitled to attend or is in the habit of attending the performance of the service or charity or who is entitled to partake or is in the habit of partaking in the benefit of the charity;
(19) ‗prescribed‘ means prescribed by rules made by the Government under this Act;
14. Clause (17-A) of section 2 inserted by Act No.26 of 1990 and subsequently omitted by G.O.Ms.No.37, Revenue (Endowments-I) Department, dated 01.11.2014.
8 [Act No. 30 of 1987]
(20) ‗Regional joint Commissioner‘ means the Regional Joint Commissioner appointed under sub-section (1) of section (3) and includes every officer who for the time being exercises the powers and performs the functions of a Regional Joint Commissioner under this Act or the rules made there under in respect of any charitable or religious institution or endowment as skilled in sub-section (5) of section 3;
(21) ‗religious charity‘ means a public charity associated with a Hindu festival or observance of a religious character, whether connected with a religious institution or not;
(22) ‗religious endowment‘ means property (including moveable property), and religious offerings whether in cash or kind, given or endowed for the support of a religious institution or given or endowed for the performance of any service or charity of a public nature connected therewith or of any other religious charity; and includes the institution concerned and also the premises thereof.
Explanation-I:— All property which belonged to or was given or endowed for the support of a religious institution, or which was given or endowed for the performance of any service or charity of a public nature connected therewith or of any other religious charity shall be deemed to be a religious endowment within the meaning of this defination, notwithstanding that, whether before or after the commencement of this Act, the religious institution has ceased to exist or ceased to be used as a place of religious worship or instruction or the service or charity has ceased to be performed.
Explanation-II:- Any Inam wanted to an archaka, service-holder or other employee of a religious Institution for the performance of any service or charity in connection with [Act No. 30 of 1987] 9 a religious institution shall not be deemed to be a personal gift to the archaka, service-holder or employee, notwithstanding the grant of ryotwari patta to an archaka, service-holder or employee under the 15Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 but shall be deemed to be a religious endowment;
(23) ‗religious institution‘ means a math, temple or specific endowment and includes a Brindavan, Samadhi or any other institution established or maintained for a religious purpose;
(24) ‗Revenue Divisional Officer‘ means any officer incharge of a revenue division and includes a Deputy Collector, a Sub-Collector and an Assistant Collector;
(25) ‗Specific Endowment‘ means any property or money endowed for the performance of any specific service or charity in a charitable or religious institution or for the performance of any other charity, religious or otherwise;
Explanation-I:— Two or more endowments of the nature specified in this clause, the administration of which is vested in a common trustee, or which are managed under a common scheme settled shall be construed as a single specific endowment for the purpose of this Act;
Explanation-II:— Where a specific endowment attached to a charitable or religious institution is situated partly within the State and partly outside the State, control shall be exercised in accordance with the provisions of this Act over the whole of the specific endowment provided the charitable or religious institution is situated within the State;
15. Andhra Area Act.
Act III of 1956.
10 [Act No. 30 of 1987]
(26) ‗State‘ means the Stale of 16Telangana;
(27) ‗Temple‘ means a place by whatever designation known used as a place of public religious worship, and dedicated to, or for the benefit of, or used as of right by the Hindu community or any section thereof; as a place of public religious worship and includes sub-shrines, utsava, mandapas, tanks and other necessary appurtenant structures and land;
Explanation:— A place of worship where the public or a section thereof have unrestricted access or declared as a private place of worship by court or other authority but notwithstanding any such declaration, public or a section thereof has unrestricted access to such place and includes a temple which is maintained within the residential premises, if offerings or gifts are received by the person managing the temple from the public or a section thereof at the time of worship or other religious function shall be deemed to be a temple;
17[(28) [xxx]]
(29) ‗trustee‘ means any person whether known as mathadhipathi, mohant, dharmakarta, mutawally, muntazim or by any other name, in whom either alone or in association with any other person, the administration and management of a charitable or religious institution or endowment are vested and includes Board of Trustees;
(30) any reference to ‗Hindu‘ shall be construed as including a reference to a person professing Buddhist, Jain,
16. Substituted by G.O.Ms.No.37, Revenue (Endowments-I) Department, dated 01.11.2014.
17. Clause (28) of section 2 omitted by G.O.Ms.No.37, Revenue (Endowments.I) Department, dated 01.11.2014.
[Act No. 30 of 1987] 11 or Sikh religion, and the reference to Hindu religious institutions shall be construed accordingly;
(31) words and expressions used in this Act, but not defined herein, shall have the meaning assigned to them in the relevant Acts.
CHAPTER-II COMMISSIONER, ADDITIONAL COMMISSIONER, REGIONAL JOINT COMMISSIONER, ETC., AND THEIR POWERS AND FUNCTIONS.