Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959
No: 22 Dated: Dec, 02 1959
THE TAMIL NADU HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS ACT, 1959
(Tamil Nadu Act 22 of 1959)
An Act to amend and consolidate the law relating to the administration and governance of Hindu Religious and Charitable Institutions and Endowments in the State of Tamil Nadu.
Whereas it is expedient to amend and consolidate the law relating to the administration and governance of Hindu Religious and Charitable Institutions and Endowments in the State of Tamil Nadu.
Be it enacted in the Tenth Year of the Republic of India as follows:-
CHAPTER I
Preliminary
1. Short title, extent, application and commencement. - (1) This Act may be called the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It applies to all Hindu public religious institutions and endowments including the Incorporated Devaswoms and Unincorporated Devaswoms.
Explanation. - In this sub-section, Hindu public religious institutions and endowments do not include Jain religious institutions and endowments.
(4) (a) The provisions of this Act except the provisions of-
(i) sub-section (4) of section 92, in so far as that sub-section relates to Consultative Committees and sub-committees thereof, and
(ii) clause (xxi)(b) of sub-section (2) of section 116, shall come into force on such date as the Government may, by notification, appoint; and different dates may be appointed for different areas and for different provisions of this Act.
(b) The provisions of sub-section (4) of section 92 in so far as that sub-section relates to Consultative Committees and Sub-Committees thereof and of clause (xxi)(b) of sub-section (2) of section 116 shall be deemed to have come into force on the 28th November 1958.
2. Power to extend Act to Jain religious institutions and endowments. - (1) The Government may, by notification, extend to Jain public religious institutions and endowments, all or any of the provisions of this Act and of any of rules made thereunder and, thereupon, the provisions so extended shall apply to such institutions and endowments:
Provided that before issuing such a notification, the Government shall publish in the Fort St. George Gazette a notice of their intention to do so, fix a period which shall not be less than two months from the date of publication of the notice for the persons interested in the institutions and endowments concerned to show cause against the issue of the notification and consider their objections, if any.
(2) In this Act, wherever the word "Hindu" occurs, it shall, in respect of Jain public religious institutions and endowments to which the provisions of this Act have been extended under sub-section (1), be construed to mean "Jain" unless the context otherwise requires.
3. Power to extend Act to charitable endowments. - (1) Where the Government have reason to believe that any Hindu or Jain public charitable endowment is being mismanaged, they may direct the Commissioner to inquire, or to cause an inquiry to be made by any officer authorised by him in this behalf, into the affairs of such charitable endowment and to report to them whether, in the interests of the administration of such charitable endowment, it is necessary to extend thereto all or any of the provisions of this Act and of any rules made thereunder.
(2) The Commissioner or the officer authorised by him under sub-section (1) shall, while making an inquiry under that sub-section, have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (Central Act V of 1908) for the purposes of enforcing the attendance of witnesses and compelling the production of books, accounts, documents, securities, cash and other properties belonging to, or in the custody of, such charitable endowment and shall follow the procedure applicable under the said Code in regard to recording of evidence and hearing of parties.
(3) If, after considering the report of the Commissioner submitted under subsection (1), the Government are satisfied that such charitable endowment is being mismanaged and that, in the interests of the administration of such charitable endowment, it is necessary to extend thereto all or any of the provisions of this Act and of any rules made thereunder, they may, by notification, extend to such charitable endowment the said provisions, and thereupon, the provisions so extended shall apply to such charitable endowment as if it were a specific endowment:
Provided that before issuing such a notification, the Government shall publish in the Fort St. George Gazette a notice of their intention to do so, specifying the reasons for the action proposed to be taken by them and fixing a period which shall not be less than two months from the date of publication of the notice, for the persons interested in the endowment concerned to show cause against the issue of the notification and consider their objections, if any.
(4) Notwithstanding anything contained in this section, the Government may, on application made by the trustee of any Hindu or Jain public charitable endowment, or where there are more trustees than one, then by those trustees or a majority of them and with the concurrence of the trustee or trustees making the application, extend, by notification, to such charitable endowment all or any of the provisions of this Act and of any rules made thereunder, and thereupon, the provisions so extended shall apply to such charitable endowment as if it were a specific endowment.