(1) (a) Notwithstanding anything in any compromise or agreement entered into or scheme framed or sanad or grant made or judgment, decree or other office order passed by any Court, Tribunal or other authorities prior to the commencement of this Act and in force on such commencement, all rights, whether hereditary, contractual or otherwise of a person holding any office of the Pedda Jeeyangar, Chinna Jeeyangar, a Mirasidar or an Archaka or Pujari or any other office or service or post by whatever name it is called in any religious institution or endowment shall on the commencement of this Act stand abolished;
(b) Any usage or practice relating to the succession to any office or service or post mentioned in clause (a) shall be void;
(c) All rights and emoluments of any nature in cash or kind or both accrued to and appurtaining to any office or service or post mentioned in clause (a) and subsisting on the date of commencement of this Act shall on such commencement stand extinguished.
Abolition of hereditary rights in Mirasidars, Archakas and other office holders and servants.
Constitution of Endowment services for different officers or classes of officers.
44 [Act No. 30 of 1987]
(2) Every office holder and servant mentioned in clause
(a) of sub-section (1) holding office as such on the date of commencement of this Act shall, notwithstanding the abolition of the hereditary rights, continue to hold such office or post on payment of only such emoluments and subject to such conditions of service referred to in subsections (3) and (4) of section 35.
39[(3) Notwithstanding anything contained in subsections (1) and (2) of this section, the qualified members of those Archaka families which were continuing in archakatvam service under the provisions of the repealed the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966 and recognized as such by the competent authority shall continue to have the right to archakatvam without having any right to emoluments such families used to receive earlier under Act 17 of 1966. However they shall receive emoluments in accordance with the scheme under section 144.]
35. 40[(1) Every vacancy in the approved cadre strength whether permanent or temporary, amongst the office holders or servants of a charitable or religious institution or endowment shall be filled by the Trustee with the prior permission of the competent authority:
Provided that in the case of a charitable or religious institution or endowment whose annual income exceeds rupees ten lakhs the Executive Officer shall appoint the office holders and servants thereof with the prior permission of the competent authority:
Provided further that in the case of appointment of religious office holders such appointment shall be made
39. Sub-section (3) of section 34 added by Act No.33 of 2007.
40. Substituted by Act No.33 of 2007.
Appointment of office holders and servants, etc.
[Act No. 30 of 1987] 45 keeping in view the Agamas of the respective institutions and preference shall be given to those who are well versed with the Agama, custom and usage of the respective institution.]
(2) No person shall be considered for appointment to any vacancy under sub-section (1) on the ground merely, that he is entitled for such appointment according to,-
(i) any scheme framed, agreement entered or judgment, decree or order passed by any court, tribunal or other authority prior to the commencement of this Act;
(ii) any custom or usage; or
(iii) the principle that he is next in the line of succession to the last holder of office.
(3) Every office holder or servant including Pedda Jeeyanagar, China Jeeyanagar and Mirasidar, Archaka and Pujari whether hereditary or not holding office as such on the date of commencement of this Act, shall continue as such office holder or servant and notwithstanding any scheme, judgment, decree or order of a Court, Tribunal or other authority or any agreement or custom or usage relating to the payment of any perquisites, emoluments or remuneration, either in cash, or kind or both before the commencement of this Act, be paid only such emoluments as may be prescribed:
Provided that it shall be lawful for the Government to direct such office holders and servants as they may consider necessary to acquire such qualifications and to undergo training in such manner; for such period and on such terms as may be prescribed.
46 [Act No. 30 of 1987] 41[(4) Fixation of cadre strength, the qualifications, method of recruitment, pay and allowances, discipline and conduct and other conditions of service for the office holders and servants of the religious charitable institutions and endowments shall be such as may be prescribed.]
36. A person shall be qualified for being appointed as or for being an Archaka of a religious institution or endowment—
(a) if he has passed the Archaka Examination recognized by the Commissioner,
(b) if he is not disabled or suffering from any virulent and contagious disease,
(c) if he is able to recite vedic mantras and slokas relating to rituals with clarity and without any fault,
(d) if he possesses good conduct and character,
(e) if he is free from Sapthavyasanams:
42[[XXX]]
Explanation:— For purposes of this section, the expression ―Sapthavyasanams‖ means gambling, addiction to intoxicating liquors and drugs, womanising, hunting, stealing, abusing others and jealousy.