State Act

THE TAMIL NADU HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS ACT, 1959

6. Definitions. __In this Act, unless the context otherwise requires, __ 2[(1) “Additional Commissioner” means an Additional Commissioner appointed under section 9; (1-A) “Advisory Committee” means the Committee constituted by the Government under sub-section (1) of section 7.] (2) 3[Omitted by Section 2 of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1968 (Tamil Nadu Act 19 of 1968) (3) “Assistant Commissioner” means an Assistant Commissioner appointed under section 9; (4) “Board” means the Board constituted under section 10of the 1[Tamil Nadu] Hindu Religious Endowments Act, 1926 (1[Tamil Nadu] Act II of 1927); (5) “Charitable endowments” means all property given or endowed for the benefit of, or used as of right by, the Hindu or the Jain community or any section thereof, for the support or maintenance of objects of utility to the said community or section, such as rest-houses, choultries, patasalas, schools and colleges, houses for feeding the poor and institutions for the advancement of education, medical relief and public health or other objects of a like nature; and includes the institution concerned; (6) “Commissioner” means the Commissioner appointed under section 9; (7) “Court” means— (i) in relation to a math or temple situated in the Presidency town, the 2[Chennai] City Civil Court (ii) in relation to a math or temple situated elsewhere, the Subordinate Judge’s Court having jurisdiction over the area in which the math or temple is situated, or if there is no such Court, the District Court having such jurisdiction; (iii) in relation to a specific endowment attached to a math or temple, the Court which could have jurisdiction as aforesaid in relation to the math or temple ; (iv) in relation to a specific endowment attached to two or more maths or temples, any Court which would have jurisdiction as aforesaid in relation to either or any of such maths or temples; (8) “Deputy Commissioner” means a Deputy Commissioner appointed under section 9; (8-A) “District Committee” means the Committee constituted by the Government under Section 7-A; (9) “Executive officer” means a person who is appointed to exercise such powers and discharge such duties appertaining to the administration of a religious institution as are assigned to him by or under this Act or the rules made thereunder or by any scheme settled or deemed to have been settled under this Act; (10) “Government” means the State Government; (11) “Hereditary trustee” means the trustee of a religious institution, the succession to whose office devolves by hereditary right or is regulated by usage or is specifically provided for by the founder, so long as such scheme of succession is in force; (12) “incorporated Devaswoms” means the Devaswoms mentioned in Schedule-1 2[***]; 3[(12-A) “Inspector” means an Inspector in the Hindu Religious and Charitable Endowments Administration Department; (12-B) “Joint Commissioner” means a Joint Commissioner appointed under section 9;] (13) “math” means a Hindu religious institution with properties attached thereto and presided over by a person, the succession to whose office devolves in accordance with the direction of the Founder of the institution or is regulated by usage and – (i) whose duty it is to engage himself in imparting religious instruction or rendering spiritual service; or (ii) who exercises or claims to exercise spiritual headship over a body of disciples; and include places of religious worship or instruction which are appurtenant to the institution; Explanation.— Where the headquarters of a math are outside the State but the math has properties situated within the State, control shall be exercised over the math in accordance with the provisions of this Act, in so far as the properties of the math situated within the State are concerned; (14) “non-hereditary trustee” means a trustee who is not a hereditary trustee; (15) “person having interest” means— (a) in the case of a math, a disciple of the math or a person of the religious persuasion to which the math belongs; (b) in the case of a temple, a person who is entitled to attend at or is in the habit of attending the performance of worship or service in the temple, or who is entitled to partake or is in the habit of partaking in the benefit of the distribution of gifts thereat; (c) in the case of a specific endowment, a person who is entitled to attend at 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; 1(d) in case of samadhi, brindhavan or any other institution established or maintained for a religious purpose, a person who is entitled to attend at or is in the habit of attending the performance of worship or service in such religious institution, or who is entiled to partake or in the habit of partaking in the benefit of the distribution of gifts thereat; 2[(15-A)* * *] (16) “religious charity” means a public charity associated with Hindu festival or observance of a religious character, whether it be connected with a math or temple or not; (17) “Religious endowment” or “endowment” means all property belonging to or given or endowed for the support of maths or temples, 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, but does not include gifts of property made as personal gifts to the archaka, service holder or other employee of a religious institution; Explanation.—(1) Any inam granted to an archaka, service holder or other employee of a religious institution for the performance of any service or charity in or connected with a religious institution shall not be deemed to be a personal gift to the archaka, service holder or employee but shall be deemed to be a religious endowment. Explanation.— (2) 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” or endowment” within the meaning of this definition, notwithstanding that, before or after the date of 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: Provided that this Explanation shall not be deemed to apply in respect of any property which vested in any person before the 30th September 1951, by the operation of the law of limitation; 1[(18)“Religious institution” means a math, temple or specific endowment and includes,: — (i) a samadhi or brindhavan; or (ii) any other institution established or maintained for a religious purpose. Explanation.- For the purpose of this clause- (1) “samadhi” means a place where the mortal remains of a guru, sadhu or saint is interned and used as a place of public religious worship; (2) “brindhavan” means a place established or maintained in memory of a guru, sadhu or saint and used as a place of public religious worship, but does not include the samadhi;) (18-A)”Scheduled Castes” and “Scheduled Tribes” shall have the same meaning assigned to them, respectively, in clause (24) and (25) of Article 365 of the Constitution. (19) “specific endowment” means any property or money endowed for the performance of any specific service or charity in a math or temple or for the performance of any other religious charity, but does not include an inam of the nature described in Explanation (1) to clause (17); Explanation. —(1) 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 or deemed to have been settled under this Act, shall be construed as a single specific endowment for the purposes of this Act ; Explanation.—(2) Where a specific endowment attached to a math or temple 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 part of the specific endowment situated within the State; (20) “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 of any section thereof, as a place of public religious worship; Explanation. —Where a temple situated outside the State has properties situated within the State, control shall be exercised over the temple in accordance with the provisions of this Act, in so far as the properties of the temple situated within the State are concerned ; 1[20-A) * * *] (21) “transferred territory” means the Kanyakumari district and the Shencottah taluk of the Tirunelveli district ; (22) “trustee” means any person or body by whatever designation known in whom or in which the administration of a religious institution is vested and includes any person or body who or which is liable as if such person or body were a trustee; 23) “unincorporated Dewaswoms” means the Dewaswoms mentioned in Schedule II 1[* * *] ;