(1) For the purpose of ensuring the adequate participation of Hindu devotees, a committee may be constituted for each temple in the name "(name of the temple) Temple Advisory Committee", not inconsistent with the existing custom and practices.
(2) The Temple Advisory Committees formed under sub-section (1) shall be approved by the Board.
(3) The composition of a Temple Advisory Committee under sub-section (1) shall be in such manner, as may be prescribed.]
The 54[State Government] may make rules regarding the convening of meetings of Area Committee 56[and Temple Advisory Committee], the quorum for, and the conduct of business, at such meetings, and all matters relating to the transaction of their business.
(1) The Commissioner may call for and examine the record of any Deputy or Assistant Commissioner, or any Area Committee, or of any trustee not being the trustee of a math or of a specific endowment attached to a math, in respect of any proceeding under this Act (not being a proceeding in respect of which a suit or an appeal to a Court is provided by this Act), to satisfy himself as to the regularity of such proceeding, or the correctness, legality or propriety of any decision or order passed therein.
(2) If any such decision or order has been passed by any Deputy or Assistant Commissioner, or by the trustee of any religious institution other than one included in the list published under Section 38, and it appears to the Commissioner that the decision or order should be modified, annulled, reversed or remitted for re-consideration, he may pass orders accordingly.
(3)(a) If any such decision or order has been passed by any Area Committee or by the trustee of any religious institution included in the list published under Section 38, the Commissioner may, if he thinks fit, remit the matter together with his observations in regard thereto, to the Committee or trustee for reconsideration of the decision or order and report to the Commissioner within a time to be specified by him in this behalf.
(b) On receipt of, and after considering, such report, it shall be open to the Commissioner to modify, annul or reverse the decision or order, or the decision or order as revised after such reconsideration, as the case may be.
(c) If the report is not received by the Commissioner within the time specified or such further time as may be granted by him the Commissioner may modify, annul or reverse the decision or order of the Area Committee or trustee, as the case may be.
(4) The Commissioner shall not pass any order prejudicial to any party under sub-section (2) or clause (b) or clause (c) of sub-section (3), without hearing him or giving him a reasonable opportunity of being heard.
(5) The Commissioner may stay the execution of any decision or order of the nature referred to in sub-section (1), pending the exercise of his powers under sub-section (2) or sub-section (3) in respect thereof.
(1) The Commissioner shall have power at any stage--
(a) to transfer any proceeding pending before a Deputy or an Assistant Commissioner to his own file and dispose of it himself, or
(b) to transfer it to another Deputy or Assistant Commissioner for disposal.
(2) If the Commissioner is satisfied that a Deputy or an Assistant Commissioner has failed to exercise any power or discharge any duty which he ought to have exercised or discharged, the Commissioner may himself exercise such power or discharge such duty.
(3) If the Commissioner is satisfied that an Area Committee--
(a) has failed to exercise any power or discharge any duty which it ought to have exercised or discharged, or
(b) is unable for any reason to exercise any power or discharge any duty,
the Commissioner may himself exercise such power or discharge such duty or authorise the Assistant Commissioner to do so:
Provided that in cases falling under clause (a), the Commissioner shall first fix a period for the exercise of the power or the performance of the duty by the Area Committee and shall exercise the right conferred on him by this sub-section only if the power is not exercised or the duty is not performed by the Area Committee within the period so fixed.
(4) Notwithstanding anything contained in this Act, where the office of a Deputy or an Assistant Commissioner is vacant, the Commissioner may, until the vacancy is filled--
(a) himself exercise the powers and discharge the duties assigned by or under this Act to the Deputy or Assistant Commissioner, or
(b) authorize another Deputy or Assistant Commissioner to exercise the said powers and discharge the said duties.
(5) Any party aggrieved by an order of the Commissioner under sub-section (1) (a), (2), (3) or (4) (a), not being an order against which a suit or an Appeal to a Court is provided in this Act, may appeal to the 58[State Government] within three months from the date of the receipt of the order by him:
Provided that the 58[State Government] shall not pass any order prejudicial to any party without hearing him or giving him a reasonable opportunity of being heard.
(1) Notwithstanding anything contained in this Act, the Board shall have the power to call for any file or proceedings pending before any of its officers or Area Committees and either dispose it of by itself or transfer it to another officer of the Board for disposal.
(2) Any party aggrieved by an order of the Board under sub-section (1), not being an order against which a suit or an appeal to a Court is provided under this Act may appeal to the State Government within three months from the date of receipt of the order by him:
Provided that the State Government shall not pass any order prejudicial to any party without giving him a reasonable opportunity of being heard.
(1) Notwithstanding anything contained in this Act, the Government may, by notification in the Gazette, appoint a Commission to enquire into and report on the allegations, if any, of any irregularities, corruption, maladministration or misappropriation of funds by the Board.
(2) The Commission appointed under sub-section (1) shall be a sitting Judge of the High Court of Kerala, who is a Hindu, in consultation with the Chief Justice:
Provided that, if the service of a sitting Judge of the High Court of Kerala is not available, a retired Judge of the High Court of Kerala, who is a Hindu, shall be appointed as such Commission.
(3) The term and other conditions of appointment of the Commission shall be such as may be specified in the order appointing such Commission.
(1) If in the opinion of the Government, the Board persistently makes default in the performance of the duties imposed on it by or under this Act or exceeds or abuses its powers, the Government may, by notification, specifying the reason for so doing, declare the Board to be in default or to have exceeded or abused its powers, as the case may be; and--
(a) that on the date to be specified in the order the office of the members of the Board shall be deemed to be vacated and require a fresh election to be held on or before the said date; or
(b) direct that the Board shall be superseded for such period, as may be specified in the notification.
(2) The members of the Board who vacate office by reason of a declaration made under sub-section (1) shall not, unless the Government otherwise direct, be deemed disqualified for re-election or re-appointment.
Where an order of supersession has been passed under section (1) of Section 19C the following consequences shall ensue, namely:--
(a) all the members of the Board shall from a date to be specified in the order, vacate their offices as such members;
(b) all the powers and duties which under the provisions of this Act are to be exercised and performed by the Board or the President shall, during the period of supersession, be exercised and performed by such person or persons as the Government may direct; and
(c) before the expiration of the period of supersession, election shall be held and appointment made for the purpose of reconstituting the Board.]
(1) On constitution of the Board under Section 7, the existing Hindu Religious and Charitable Endowment (Administration) Department (hereinafter referred to as the abolished Department) shall stand abolished and all its assets and liabilities shall stand transferred to, and vest in the Board, constituted under this Act.
(2) The assets referred to in sub-section (1) shall be deemed to include all rights and powers and all properties, whether movable or immovable, belonging to or vested in that Department or under their management and control, their funds, cash balance, if any, investments, deposits and all other interests or rights in or arising out of such property and all books of accounts or documents kept or maintained by them and its liability shall be deemed to include all debts, liabilities and obligations of whatever kind existing and pertaining to that Department at the time of its abolition.
(1) Unless otherwise expressly provided by or under this Act, all contracts, agreements and other instruments of whatever nature subsisting or having effect immediately before the abolition of the Department and to which the Department, or any of its officers or authorities is a party or which is in their favour shall be of full force and effect against or in favour of the Board constituted under this Act, and may be enforced or acted upon as fully and effectually as if, instead of the abolished Department, or of its officers or authorities the Board had been a party thereto or as if they had been entered into or issued in favour of the Board.
(2) If any suit, appeal or other legal proceedings of whatever nature by or against the abolished Department is pending, the same may be continued, prosecuted and enforced by or against the Board.
(1) On Constitution of the Board under Section 7, every full-time employee of the abolished Department shall be deemed to be continued as a Government employee for all practical purposes including pay and allowances and pensionery benefits as a vanishing category in the Board and shall hold office therein with the same terms and conditions of service and with the same rights and privileges, if any, as if he would have held the same if the Madras Hindu Religious and Charitable Endowments (Amendment) Act, 2008, had not been enacted, until altered by the Board.
(2) Nothing in sub-section (1) shall prevent an employee of the abolished Department from exercising option to serve in other Departments of the Government, by protecting their pay and allowances within such period as may be specified by the Government.
(3) The Government may, after consulting the Board, direct, by general or special order, that the employees, who have exercised option within the time specified by the Government under sub-section (2), and specified in the order shall stand allotted to serve in such other Departments of Government with effect from such date as may be specified therein.
(4) With effect from the date specified in the order under sub-section (3), the person specified in such order and allotted to serve in other Departments of the Government shall cease to be employees of the Board.
(5) Every person who becomes an employee of the Government under sub-section (4) shall hold his office therein, with such designation as the Government may determine and with the same remuneration and on the same terms and conditions of service and with same rights and privileges, if any, as he would have held the same if the Madras Hindu Religious and Charitable Endowments (Amendment) Act, 2008, had not been enacted and shall continue to do so unless and until his remuneration and terms and conditions of service are duly altered by the Government.
(6) Notwithstanding anything contained in the foregoing provisions of this section, the remuneration and other terms and conditions of service of an employee shall not be varied to his disadvantage.
(7) The liability to pay pension and gratuity, if any, to the employees referred to in sub-section (1), except in respect of those employees transferred to other Departments accepting their option under sub-section (3), shall be the liability of the Board.
(8) If any question arises as to whether any person was a full-time employee of the abolished Department, the question shall be referred to the Government, whose decision thereon shall be final.
The sums standing to the credit of the provident fund accounts and to the superannuation fund and other like funds, if any, of the persons referred to in sub-section (1) of Section 19E except in respect of those employees transferred to other Departments accepting their option under sub-section (3) shall be transferred to the Board by the abolished Department, and the liability in respect of the said funds, shall be the liability of the Board.]
The Commissioner, or any two or more persons having interest and having obtained the consent in writing of the Commissioner, may institute a suit in the Court to obtain a decree for removing the trustee of a math or a specific endowment attached to a math, for anyone or more of the following reasons, namely:--
(a) the trustee being of unsound mind;
(b) his suffering from any physical or mental defect or infirmity which renders him unfit to be a trustee;
(c) his having ceased to profess the Hindu religion or the tenets of the math;
(d) his conviction for any offence involving moral turpitude;
(e) breach by him of any trust created in respect of any of the properties of the religious institution
17[(f) waste of the funds or properties of the institution or the application of such funds or properties for purposes unconnected with the institution;
(g) the adoption of devises to convert the income of the institution or of the funds or properties thereof into 'pathakanika';
(h) leading an immoral life or otherwise leading a life which is likely to bring the office or head of the math into contempt;]
(i) persistent and wilful default by him in discharging his duties or functions under this Act or any other law.
(2) Where the Commissioner refuses to give consent under sub-section (1), the party aggrieved may, within three months from the date of the receipt of the order by him, appeal to the 18[State Government] who may, after making such inquiry as they may consider necessary, confirm the order of the Commissioner or direct the Commissioner to give his consent in writing.
(1) When a vacancy occurs in the office of the trustee of a math or specific endowment attached to a math and there is a dispute respecting the right of succession to such office, or
When such vacancy cannot be filled up immediately, or
When the trustee is a minor and has no guardian fit and willing to act as such or there is a dispute respecting the person who is entitled to act as guardian, or
When the trustee is by reason of unsoundness of mind or other mental or physical defect or infirmity unable to discharge the functions of the trustee,
the Assistant Commissioner may take such steps and pass such order as he thinks proper for the temporary custody and protection of the endowments of the math or of the specific endowment, as the case may be, and shall report the matter forthwith to the Commissioner.
(2) Upon the receipt of such report, if the Commissioner, after making such inquiry as he deems necessary, is satisfied that an arrangement for the administration of the math and its endowments or of the specific endowment, as the case may be, is necessary, he shall make such arrangement as he thinks fit until the disability of the trustee ceases or another trustee succeeds to the office, as the case may be.
(3) In making any such arrangement, the Commissioner shall have due regard to the claims of the disciples of the math, if any.
(4) Nothing in this section shall be deemed to affect anything contained in the Madras Court of Wards Act, 1902.
(1) The trustee of every math or specific endowment attached to a math may, from time to time, submit to the Commissioner proposals for fixing the dittam or scale of expenditure in the institution, and the amounts which should be allotted to the various objects connected with the institution or the proportions in which the income or other property of the institution may be applied to such objects.
(2) The trustee shall publish such proposals at the premises of the math and in such other manner as the Commissioner may direct, together with a notice stating that, within one month from the date of such publication, any person having interest may submit suggestions to the Commissioner.
(3) If on a scrutiny of such proposals, and any suggestions made by persons having interest, it appears to the Commissioner that the scale of expenditure or any item in the scale of expenditure is at variance with the established usage of the institution, or is not justified by its financial position, the Commissioner may call for the remarks of the trustee and if after considering the same, the Commissioner is of opinion that any modification is required in the scale of expenditure or any item in the scale of expenditure, he shall submit the case to the 20[State Government] who shall pass orders thereon, and such orders shall be final.
The trustee of a math shall keep regular accounts of receipts of 'pathakanika' that is to say, any gift or properties made to him as the head of the math and shall be entitled to spend the said 'pathakanika' in accordance with the customs and usage of the institution].
Subject to the rights of suit or appeal23 hereinafter provided, the Deputy Commissioner shall have power to inquire into and decide the following disputes and matters--
(a) whether an institution is a religious institution;
(b) whether a trustee holds or held office as a hereditary trustee;
(c) whether any property or money is a religious endowment;
(d) whether any property or money is a specific endowment;
(e) whether any person is entitled, by custom or otherwise, to any honour, emolument or perquisite in any religious institution; and what the established usage of a religious institution is in regard to any other matter;
(f) whether any institution or endowment is wholly or partly of a religious or secular character; and whether any property or money has been given wholly or partly for religious or secular uses; and
(g) where any property or money has been given for the support of an institution which is partly of a religious and partly of a secular character or the performance of any service or charity connected with such an institution or the performance of a charity which is partly of a religious and partly of a secular character or where any property or money given is appropriated partly to religious and partly to secular uses, as to what portion of such property or money shall be allocated to religious uses.
(1) When the Deputy Commissioner has reason to believe that in the interests of the proper administration of a religious institution, a scheme should be settled for the institution, or when not less than five persons having interest make an application in writing, stating that in the interests of the proper administration of a religious institution a scheme should be settled for it, the Deputy Commissioner shall consult in the prescribed manner the trustee and the persons having interest and the Area Committee, if any, having jurisdiction over the institution; and if, after such consultation, he is satisfied that it is necessary or desirable to do so, he shall, by order, frame a scheme of administration for the institution.
(2) A scheme settled under sub-section (1) for a temple or for a specific endowment other than one attached to a math for may contain provision for--
(a) removing any existing trustee, whether hereditary or non-hereditary:
Provided that where provision is made in the scheme for the removal of a hereditary trustee, provision shall also be made therein for the appointment as trustee of the person next in succession who is qualified;
(b) appointing, or directing the appointment of, a paid executive officer, who shall be a person professing the Hindu religion, on such salary and allowances as may be fixed, to be paid out of the funds of the institution; and defining the powers and duties of such officer:
Provided that in making any provision of the nature specified in clause (b) due regard shall be had to the claims of persons belonging to the religious denomination for whose benefit the institution is chiefly maintained.
(3) A scheme settled under sub-section (1) for a math or for a specific endowment attached to a math may contain provision for--
(a) associating one or more persons with the trustee or constituting a separate body for the purpose of participating or assisting in the whole or any part of the administration of the endowments of such math or of the specific endowment; provided that such person or persons or the members of such body shall be chosen from persons having interest in such math or endowment;
(b) appointing or directing the appointment of a paid executive officer, who shall be a person professing the Hindu religion, on such salary and allowances as may be fixed by the Deputy Commissioner, to be paid out of the trust funds, and defining the powers and duties of such officer;
(c) defining the powers and duties of the trustee;
(4) The Deputy Commissioner may determine what the properties of the religious institution are and append to the scheme a schedule containing a list of such properties:
Provided that such determination shall not affect the rights of persons who are in hostile possession of any of the said properties.
(5) Pending the framing of a scheme for a temple or for a specific endowment other than one attached to a math, the Deputy Commissioner may appoint a fit person to discharge all or any of the functions of the trustee thereof and define his powers and duties.
(6) The Deputy Commissioner may, at any time, after consulting the trustee and the persons having interest and the Area Committee, if any, having jurisdiction over the institution, by order, modify or cancel any scheme settled under sub-section (1) or a scheme settled by the Board under the Madras Hindu Religious Endowments Act, 1926.
(7) Every order of the Deputy Commissioner settling, modifying or cancelling a scheme under this section shall be published in the prescribed manner and on such publication shall, subject to the provisions of Sections 61 and 62, be binding on the trustee, the executive officer and all persons having interest.
(8) The powers conferred by this section shall, in respect of maths, be exercised by the Commissioner or by a Deputy Commissioner to whom powers in this behalf have been delegated by the Commissioner under Section 10, sub-section (2).
(1) The Deputy Commissioner may, on being satisfied that the purpose of a religious institution has from the beginning been, or has subsequently become impossible of realization, by order, direct that the endowments of the institution be appropriated to all or any of the following purposes, namely:--
(a) the propagation of the religious tenets of the institution;
(b) the establishment and maintenance of a university or college or other institution in which special provision is made for the study of Hindu religion, philosophy or sastras or for imparting instruction in Hindu temple architecture;
(c) the establishment and maintenance of educational institutions where instruction in the Hindu religion is also imparted to Hindu students thereof;
(d) promoting the study of Indian languages including Sanskrit;
(e) promotion of the cultivation of Indian arts and architecture;
(f) the establishment and maintenance of orphanages for Hindu children;
(g) the establishment and maintenance of asylums for Hindus suffering from leprosy;
(h) the establishment and maintenance of poor homes for destitute Hindus who are physically disabled and helpless;
(i) the establishment and maintenance of hospitals and dispensaries for the benefit of Hindus; and
(j) the grant of aid to any other religious institution which is poor or in needy circumstances:
Provided that in the case of a religious institution founded and maintained by a religious denomination or any section thereof the endowments shall, as far as possible, be utilized for the benefit of the denomination or section concerned for the purposes mentioned above.
(2) The Deputy Commissioner may at any time by order modify or cancel any order passed under sub-section (1).
(3) The order of the Deputy Commissioner under this section shall be published in the prescribed manner and on such publication shall subject to the provisions of Section 61, be binding on the trustee, the executive officer and all persons having interest.
(1) The Deputy Commissioner may, on being satisfied that a religious institution has, whether before or after the commencement of this Act, ceased to exist, hold an inquiry in the prescribed manner to ascertain its properties and funds; and after doing so, shall pass an order--
(a) specifying the properties and funds of the institution;
(b) appointing a trustee therefor;
(c) directing the recovery of any such properties or funds from any person who may be in possession thereof; and
(d) laying down that the properties and funds so specified shall be applied or utilized for renovating the institution or if such renovation is not possible, be appropriated to anyone or more of the purposes specified in Section 59, sub-section (1).
(2) The Deputy Commissioner may, on being satisfied after holding an inquiry in the prescribed manner, that any building or other place which was being used for religious worship or instruction has, whether before or after the commencement of this Act, ceased to be used for that purpose, pass an order.
(a) directing the recovery of such building or place from any person who may be in possession thereof; and
(b) laying down that it shall be used for religious worship or instruction as before, or if such use is not possible, be utilized for anyone or more of the purposes specified in Section 59, sub-section (1).
(3) Nothing contained in sub-section (1) or sub-section (2) shall be deemed to authorize the Deputy Commissioner to pass an order in respect of any property or funds which vested in any person before the
commencement of this Act by the operation of the law of limitation.
(4) Every order of the Deputy Commissioner under sub-section (1) or sub-section (2) shall be published in the prescribed manner.
(1) Any person aggrieved by any order passed by the Deputy Commissioner under any of the foregoing provisions of this Chapter may, within one month from the date of the publication of the order or the receipt thereof by the party concerned, as the case may be, appeal to the Commissioner.
(2) Any order passed by the Commissioner on such appeal against which no suit lies to the Court under the next succeeding section, or in which no suit has been instituted in the Court within the time specified in Section 62, sub-section (1), may be modified or cancelled by the Commissioner if the order has settled or modified a scheme for the administration of a religious institution or relates to any of the matters specified in Section 59.
(1) Any party aggrieved by an order passed by the Commissioner--
(i) under Section 61, sub-section (1) or sub-section (2), and relating to any of the matters specified in Section 57, Section 58 or Section 60; or
(ii) under Section 57, Section 58 or Section 60 read with sub-section (1) (a), (2), or (4) (a) of Section 19 may, within ninety days from the date of the receipt of such order by him, institute a suit in the Court against such order; and the Court may modify or cancel such order, but it shall have no power to stay the Commissioner's order pending the disposal of the suit.
(2) Any party aggrieved by a decree of the Court under sub-section (1) may, within ninety days from the date of the decree, appeal to the High Court.
(3) (a) Any scheme for the administration of a religious institution settled or modified by the Court in a suit under sub-section (1) or on an appeal under sub-section (2) or any scheme deemed under Section 103, clause (d), to have been settled or modified by the Court may, at any time, be modified or cancelled by the Court on an application made to it by the Commissioner, the trustee or any person having interest.
(b) Any party aggrieved by an order of the Court under clause (a) may, within ninety days from the date of the order, appeal to the High Court.
(1) Notwithstanding that a religious institution is governed by a scheme settled or deemed to have been settled under this Act, where the Commissioner has reason to believe that such institution is being mismanaged and is satisfied that in the interests of its administration, it is necessary to take proceedings under this Chapter, the Commissioner may, by notice published in the prescribed manner, call upon the trustee and all other persons having interest to show cause why such institution should not be notified to be subject to the provisions of this Chapter.
(2) Such notice shall state the reasons for the action proposed, and specify a reasonable time, not being less than one month from the date of the issue of the notice, for showing such cause.
(3) The trustee or any person having interest may thereupon prefer any objection he may wish to make to the issue of a notification as proposed.
(4) Such objection shall be in writing and shall reach the Commissioner before the expiry of the time specified in the notice aforesaid or within such further time as may be granted by the Commissioner.
(1) Where no such objection has been received within the time so specified or granted, the 53[State Government] may, on receipt of a report from the Commissioner to that effect, by notification published in the 53[Kerala Government Gazette], declare the religious institution to be subject to the provisions of this Chapter.
(2) Where any such objections have been received within the time so specified or granted, the Commissioner shall hold an inquiry54 into the objections in the manner prescribed, and decide whether the institution should be notified to be subject to the provisions of this Chapter or not.
(3) If the Commissioner decides that the institution should be notified as aforesaid, he shall make a report to that effect to the 55[State Government] who may thereupon, by notification published in the 55[Kerala Government Gazette], declare the religious institution to be subject to the provisions of this Chapter.
56[(4) Every notification published or deemed to be published under this section shall remain in force for a period of five years but it may, by notification, be cancelled at any time or continued from time to time for a further period or periods not exceeding five years at a time as the Government may by notification, in each case, think fit to direct.]
On the publication of the notification, the scheme of administration, if any, settled for the religious institution, whether before or after the commencement of this Act, and all rules, if any, framed under such scheme shall cease to apply to the institution; and such scheme and rules shall not be deemed to be revived by reason of the cancellation of the notification or by reason of its having ceased to be in force by efflux of time.
(1) For every institution notified under this Chapter, the Commissioner shall as soon as may be appoint a salaried executive officer, who shall be a person professing the Hindu religion.
(2) The salary and allowances of the executive officer, as determined by the Commissioner, shall be paid from the funds of the religious institution.
(1) The executive officer shall hold office for such period as may be fixed by the Commissioner and he shall exercise such powers and perform such duties as may be assigned to him by the Commissioner:
Provided that only such powers and duties as appertain to the administration of the endowments of the religious institution shall be assigned to the executive officer.
(2) The Commissioner shall define the powers and duties which may be exercised and performed respectively by the executive officer and the trustee, if any, of the religious institution.
(3) The executive officer shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code (Central Act XLV of 1860).
(4) The Commissioner may, for good and sufficient cause suspend, remove or dismiss the Executive Officer.
(1) Section 58 shall not apply to, and no Area Committee shall have jurisdiction over, any religious institution notified under this Chapter or under Chapter VI-A of the Madras Hindu Religious Endowments Act, 1926 (Madras Act 11 of 1927), so long as the notification remains in force.
(2) Nothing in sub-section (1) shall be construed as prohibiting framing of a scheme under Section 58 during the period when a notification is in force, to take effect immediately on the notification ceasing to be in force.
Nothing in this chapter shall apply to maths or other religious institutions having hereditary trustees who have a beneficial interest in the income of the institutions.
(1) The trustee of every religious institution shall, before the end of March in each year, submit in such form as may be fixed by the Commissioner, a budget showing the probable receipts and disbursements of the institution during the following 59[Calendar] year--
(a) to the Area Committee, if the institution is subject to the jurisdiction of such a Committee; and
(b) to the Commissioner, in other cases.
(2) Every such budget shall make adequate provision for--
(a) the dittam or scale of expenditure for the time being in force;
(b) the due discharge of all liabilities binding on the institution;
(c) the repair and renovation of the buildings connected with institution, the provision made under this clause not being less than ten per centum of its income in the case of an institution assessed to contribution under Section 76 for the previous 60[Calendar] year on an income not exceeding three thousand rupees, and not being less than twenty-five per centum of its income, or ten per centum of its income up to three thousand rupees and the whole of the excess of its income over that amount, whichever is less, in the case of any other institution:
Provided that any institution the income of which does not exceed or does not sufficiently exceed the expenditure referred to in clauses (a) and (b) may be exempted by the Commissioner, in whole or in part, as the case may be, from the requirement of this clause;
(d) the maintenance of a working balance.
(3) The Area Committee or the Commissioner, as the case may be, may, after giving notice to the trustee in the prescribed manner and after considering his representations, if any, make such alterations, omissions or additions in the budget as the Area Committee or the Commissioner may deem fit.
(4) Against an order made by the Area Committee under sub-section (3) a trustee may, within one month from the date of the receipt by him of the order, appeal to the Deputy Commissioner.
(1) The trustee of every religious institution shall keep regular accounts of all receipts and disbursements.
(2) The accounts of every religious institution, the annual income of which as calculated for the purposes of Section 76 for the 60[Calendar] year immediately preceding is not less than sixty thousand rupees, shall be subject to concurrent audit, that is to say, the audit shall take place as and when expenditure is incurred.
(3) The accounts of every other religious institution shall be audited annually, or if the Commissioner so directs in any case or class of cases, at shorter intervals.
(4) The audit shall be made--
(a) in the case of a religious institution the annual income of which calculated as aforesaid for the 60[Calendar] year immediately preceding is not less than one thousand rupees, by auditors appointed in the prescribed manner, who shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code;
(b) in the case of any other religious institution, by an officer or servant subordinate to the Commissioner and deputed by him for the purpose.
After completing the audit for any year or shorter period, or for any transaction or series of transactions, as the ease may be, the auditor shall send a report--
(a) to the Area Committee, if the institution is subject to the jurisdiction of such a Committee; and
(b) to the Commissioner, in other cases.
(1) The auditor shall specify in his report all cases of irregular, illegal or improper expenditure, or of failure to recover moneys or other property due to the religious institution, or of loss or waste of money or other property thereof, caused by neglect or misconduct.
(2) The auditor shall also report on such other matter relating to the account as may be prescribed, or on which the Commissioner or the Area Committee concerned, as the case may be, may require him to report.
(1) The Area Committee or the Commissioner, as the case may be, shall send a copy of every audit report relating to the accounts of a religious institution to the trustee thereof, and it shall be the duty of such trustee to remedy any defects or irregularities pointed out by the auditor and report the same to the Area Committee or the Commissioner, as the case may be.
(2) The Area Committee shall forward to the Commissioner a copy of every audit report received by it under clause (a) of Section 72 and the report if any, of the trustee made under sub-section (1), together with such remarks as the Area Committee may wish to make thereon.
(3) If, on a consideration of the report of the auditor along with the report, if any, of the trustee, and the remarks, if any, of the Area Committee, the Commissioner thinks that the trustee or any other person, was guilty of misappropriation or wilful waste of the funds of the institution or of gross neglect resulting in a loss to the institution, the Commissioner may, after giving notice to the trustee or such person to show cause why an order of surcharge should not be passed against him and after considering his explanation, if any, by order, certify the amount so lost and direct the trustee or such person to pay within a specified time such amount personally and not from the funds of the religious institution.
Provided that if, in respect of any expenditure, or dealing with trust property, the trustee or such person had obtained the directions of the Area Committee or of the Commissioner and had acted in accordance with such directions, he shall not be held responsible.
(4) The Commissioner shall forward a copy of the order under sub-section (3) with the reasons for the same, by registered post to the trustee or person concerned.
(5) The trustee or other person aggrieved by such order may, within thirty days of the receipt by him of the order, either--
(a) apply to the Court to modify or set aside the order and the Court, after taking such evidence as is necessary, may confirm, modify or remit the surcharge with such orders as to costs as it may think appropriate in the circumstances, or
(b) in lieu of such application may appeal to the 61[State Government] who shall pass such orders as they think fit.
(6) Neither the Court nor the 61[State Government] to which or to whom an application or appeal is made under sub-section (5) shall have power to stay the operation of the order pending the disposal of the application or appeal.
(7) An order of surcharge under this section against a trustee shall not be a bar a suit for accounts against him except in respect of the matter finally dealt with by such order.
(8) The Collector of the district in which is situated any property of the trustee or other person from whom an amount is recoverable by way of surcharge shall, on a requisition made by the Commissioner, recover such amount as if it were an arrear of land revenue and pay the same to the religious institution concerned.
The provisions of this Chapter shall apply to every religious institution, notwithstanding anything to the contrary contained in any scheme settled or deemed to be settled under this Act.
(1) The Board may, from time to time, with the previous sanction of the Government and subject to such conditions and limitations as the Government may determine, borrow any sum for investment by the Board in any remunerative scheme undertaken or to be undertaken by it.
(2) The income derived from any remunerative scheme implemented wholly or partly with any sum borrowed under sub-section (1) shall be utilized only for the repayment of the loan and payment of interest thereon and for the purpose of performing the functions which the Board is required by this Act to perform.]
(1) In respect of the services rendered by the 66[Board] and their officers and for defraying the expenses incurred on account of such services every religious institution shall, from the income derived by it, pay to the 67[Board] annually such contribution not exceeding five per centum of its income as may be prescribed.
(2) Every religious institution, the annual income of which, for the 68[Calendar] year immediately preceding as calculated for the purposes of the levy of contribution under sub-section (1), is not less than one thousand rupees, shall pay to the 69[Board] annually, for meeting the cost of auditing its accounts, such further sum not exceeding one and a half per centum of its income as the Commissioner may determine.]
(3) The annual payments referred to in sub-sections (1) and (2) shall be made, notwithstanding anything to the contrary contained in any scheme settled or deemed to be settled under this Act for the religious institution concerned.
70[(4)]
71[(5) Wherever there is any surplus after meeting all the charges referred to in the forgoing sub-section, it shall be lawful for the Commissioner acting suo motu or on an application to make grants to poor and needy religious institutions for carrying out repairs and renovation subject to such rules as may be framed by 69[Board] in this regard;
Explanation.-- Any religious institution, the annual income of which is less than two hundred rupees, shall not be liable to pay contribution to the Commissioner as required by sub-section (1)].
All costs, charges and expenses incurred by the State Government, 77[Board,] the Commissioner, a Deputy Commissioner, an Area Committee, or an Assistant Commissioner as a party to, or in connection with, any legal proceeding in respect of any religious institution, shall be payable out of the funds of such institution, except in cases where a liability to pay the same has been laid on any party or other person personally and the right to reimbursement under this section has been negatived in express terms.
(1) The contributions, costs and expenses payable under Sections 76 and 77 shall be assessed on and notified to the trustee of the religious institution concerned in the prescribed manner.
(2) (a) Such trustee may, within fifteen days from the date of the receipt of such notice or within such further time as may be granted by the Commissioner, prefer his objection thereto, if any, to the Commissioner in writing. Such objection may relate either to his liability to pay or to the amount specified in the notice. The Commissioner shall consider such objection and give his decision confirming, withdrawing, or modifying his original notice.
(b) Within one month from the date of receipt of the notice of assessment, or when objection has been preferred, within one month from the date of the decision of the Commissioner, or within such further time as may be granted by him, such trustee shall pay the amount specified in the original notice or the amount as fixed by the Commissioner on objection.
(3) If the trustee fails to pay the amount aforesaid within the time allowed, the Collector of the district in which any property of the religious institution is situated shall, on requisition made to him in the prescribed manner by the Commissioner and subject to the provisions of this section, recover such amount as if it were an arrear of land revenue.
(4) (a) On receipt of a requisition under sub-section (3), the Collector shall issue a notice to the trustee concerned--
(i) requiring him, within fifteen days from the service thereof, to pay the amount mentioned in the requisition and specified in the notice; and
(ii) stating that on default, such amount will be recovered as if it were an arrear of land revenue.
(b) If, within the period of fifteen days aforesaid, the amount demanded is not paid, the Collector shall proceed to recover the amount specified in the notice (with the charges of collection) as if it were an arrear of land revenue.
(5) The Collector shall, on receipt of a requisition under sub-section (3), withhold the amount mentioned therein out of the tasdik or any other allowance payable by the 78[State Government] to the religious institution concerned, but where the tasdik or other allowance is insufficient for the purpose, the Collector shall withhold the amount available, and recover the balance as if it were an arrear of land revenue.
(6) Places of worship, including temples and tanks and places where utsavams are performed, idols, vahanams, jewels and such vessels and other articles of the religious institutions as may be necessary in accordance with the usage of the institution for purposes of worship or processions shall not be liable to be proceeded against in pursuance of sub-sections (3), (4) and (5).
(7) Instead of selling the property after attachment thereof under the provisions of the Madras Revenue Recovery Act, 1864, it shall be open to the Collector at the instance of the Commissioner to appoint a Receiver to take possession of the property or such portion thereof as may be necessary and collect the income thereof until the amount sought to be recovered is realized. The remuneration, if any, paid to the Receiver, and the other expenses incurred by him shall be paid out of the income of the institution concerned.
(8) No suit, prosecution or other legal proceeding shall be entertained in any Court of law against the 78[State Government] 79[or Board] or any officer or servant of the 78[State Government] 80[or Board] for anything done or intended to be done in good faith in pursuance of this section.
(1) It shall not be competent for the Commissioner to levy any contribution for more than three 81[Calendar year] immediately preceding the 81[Calendar year] in which a notice of assessment is issued under Section 78.
(2) Nothing in this section shall affect any levy of contribution made or moneys collected by the Board before the commencement of the Madras Hindu Religious Endowment (Amendment) Act. 1946.
The State Government shall, after due appropriation made by the State Legislative Assembly by law in this behalf, pay to the Board by way of grants, such sums of money as the State Government may think fit, for being utilized for the purposes of this Act.]
(1) Subject to the provisions of this Act, the Board shall constitute a fund called the "Malabar Devaswom Fund" and on such constitution the "Hindu Religious and Charitable Endowments Administration Fund" vested in the Board shall be credited in the Fund so constituted by it.
(2) The Board shall account the following items of receipt under their respective accounts, namely:--
(a) all contributions payable under Section 76(1) and the further sums payable under Section 76(2);
(b) grants and loans, received from the Government;
(c) grants and donations, received from the public and other bodies and institutions;
(d) the money realized from time to time by the sale of movable properties belonging to the Board;
(e) profits and interest received from investments of funds of the Board; and
(f) all other moneys belonging to or other income received by the Board.]
(1) The Board shall keep regular accounts of all receipts in and disbursements from the Fund.
(2) The accounts of the Board shall be audited annually.
(3) The audit shall be conducted by the Director of Local Fund Audit in accordance with the provisions contained in the Kerala Local Fund Audit Act, 1994 (14 of 1994).
Subject to the provisions of this Act, the Board may deposit its funds in any Nationalized Bank, Co-operative Bank or Government Treasury or invest the same in any security of the State Government or the Government of India.
(1) The Board shall, in each year prepare a Budget for the next financial year before the expiry of three months of the preceding financial year showing the probable receipts and disbursements of the temples, institutions and endowments under the management of the Board during the financial year.
(2) The Board shall within two months after the expiry of each financial year prepare an annual administration report for that year and submit within one month thereafter to the Government such number of copies thereof, as the Government may direct.
(3) The Government shall place the Administration Report before the Legislative Assembly within one month from the date of its receipt.]
(1) Contributions under Section 76(1) and further sums under Section 76(2) shall be payable with effect from the commencement of this Act. For the period from the commencement of this Act until the commencement of the Madras Hindu Religious and Charitable Endowments (Amendment) Act, 1954, the rate prescribed by the 85[State Government] under Section 76(1) or determined by the Commissioner under Section 76
(2) shall be deemed to be the rate prescribed or determined under Section 76(1) or Section 76(2) as the case may be, as amended by the Madras Hindu Religious and Charitable Endowments (Amendment) Act, 1954, and contributions and further sums paid to the 85[State Government] shall be deemed to be contributions and further sums as the case may be, paid to the Commissioner under Section 76(1) and Section 76(2) as amended by the Madras Hindu Religious and Charitable Endowments (Amendment) Act, 1954.
(2) The 85[State Government] shall pay to the Commissioner the balance, if any, remaining out of the aggregate of the contributions and further sums paid or realised before the commencement of the Madras Hindu Religious and Charitable Endowments (Amendment) Act, 1954, in pursuance of Section 76(1) and Section 76(2) after deducting therefrom sums paid by the 85[State Government] under Section 76(4).]
All public officers having custody of any record, register, report or other document relating to a religious institution or any movable or immovable property thereof shall furnish such copies of or extracts from the same as may be required by the Commissioner, a Deputy Commissioner, an Area Committee, or an Assistant Commissioner.
Where a person has been appointed--
(a) as trustee or executive officer of a religious institution or,
(b) to discharge the functions of a trustee of a religious institution in accordance with the provisions of this Act, or
(c) in any scheme framed by the Board before the commencement of this Act,
and such person is resisted in, or prevented from, obtaining possession of the religious institution or of the records, accounts and properties thereof, by a trustee, office-holder or servant of the religious institution who has been dismissed or suspended from his office or is otherwise not entitled to be in possession or by any person claiming or deriving title from such trustee, office-holder or servant, not being a person claiming in good faith to be in possession on his own account or on account of some person not being such trustee, office holder or servant, 87[88[xxx] or any Magistrate of the first class] in whose jurisdiction such institution or property is situated shall, on application by the person so appointed, and on the production of the order of appointment, and where the application is for possession of property, of a certificate by the Commissioner in the prescribed form setting forth that the property in question belongs to the religious institution, direct delivery to the person appointed as aforesaid of the possession of such religious institution, or the records accounts and properties thereof, as the case may be:
Provided however that before issuing any such certificate in respect of any property, the Commissioner shall give notice to the trustee, office-holder or servant of the religious institution, as the case may be, of his intention to issue the certificate and consider the objections; if any, of such trustee, office-holder or servant:
Provided also that for the purpose of proceedings under this section, the certificate aforesaid shall be conclusive evidence that the properties to which it relates belong to the religious institution:
Provided further that nothing contained in this section shall bar the institution of a suit by any person aggrieved by an order under this section for establishing his title to the said property.
Explanation.-- A person claiming under an alienation contrary to the provisions of Section 29 or 35 shall not be regarded as a person claiming in good faith within the meaning of this section.
(1) The costs, charges and expenses of and incidental to any suit, appeal or application to Court under this Act shall be in the discretion of the Court, which may, subject to the provisions of Section 77, direct the whole or any part of such costs, charges and expenses to be met from the property or income of the religious institution or endowment concerned or to be borne and paid in such manner and by such persons as it thinks fit.
(2) The costs, charges and expenses of and incidental to any appeal application or other proceeding before the Commissioner or a Deputy Commissioner shall be in his discretion and he shall have full power to determine by whom or out of what funds and to what extent such costs, charges and expenses are to be paid; and the order passed in this regard may be transferred for execution to the Court and shall be executed by the Court as if the order had been passed by itself if and in so far as the Court considers the order to be a reasonable one.
(1) If any trustee (including the executive officer or other person in whom the administration of a religious institution is vested) or any agent of, or person working under, the trustee
(a) refuses, neglects or fails to comply with the provisions of Section 25 or Section 26, or
(b) refuses, neglects or fails to furnish such accounts, returns, reports or other information relating to the administration of the religious institution or its funds, property or income or the application thereof, at such time and in such manner as the Commissioner, Deputy Commissioner, Area Committee or Assistant Commissioner may require, or
(c) refuses to permit, or causes obstruction to, inspection by the Commissioner, a Deputy Commissioner, a member of an Area Committee duly authorised in this behalf or an Assistant Commissioner, of any movable or immovable property belonging to, or of any records, correspondence, plans, accounts and other documents relating to the religious institution, or neglects or fails to produce them for inspection, the trustee, or where there is more than one trustee each of the trustees shall be punishable with fine which may extend to two hundred rupees; and in case the act or default complained of continues for more than one month with a further fine which may extend to one hundred rupees for every week or part thereof during which the act or default so continues.
(2) No Court shall take cognizance of an offence punishable under sub-section (1) except on the complaint in writing of the Commissioner.
(3) No offence punishable under sub-section (1) shall be inquired into or tried by any Court inferior to that of a Magistrate of the first class.
(4) The Commissioner may accept from any trustee who has committed or is reasonably suspected of having committed any of the offences referred to in sub-section (1), by way of composition of such offence, a sum of money not exceeding one thousand rupees. 92[The Commissioner shall pay to the Government any sum so accepted]
(5) Any fine imposed under sub-section (1) or any money payable by way of composition under sub-section (4) shall be paid by the trustee from his own funds and not from the funds of the religious institution concerned
Notwithstanding anything contained in the First or the Second Schedule to the Court Fees Act, 1870, the proper fees for the documents described in columns (1) and (2) of the Schedule shall be the fees indicated in column (3) thereof.
Nothing contained in this Act shall--
(a) save as otherwise expressly provided in or under this Act, affect any honour, emolument or perquisite to which any person is entitled by custom or otherwise in any religious institution, or its established usage in regard to any other matter; or
(b) authorize any interference with the religious and spiritual functions of the head of a math including those relating to the imparting of religious instruction or the rendering of spiritual service.
Nothing contained in this Act shall be deemed to confer any power or impose any duty in contravention of the rights conferred on any religious denomination or any section thereof any clauses (a), (b) and (c) of Article 26 of the Constitution.
No suit or other legal proceeding in respect of the administration or management of a religious institution or any other matter or dispute for determining or deciding which provision is made in this Act shall be instituted in any Court of Law, except under, and in conformity with, the provisions of this Act.
Nothing contained in any law of limitation for the time being in force shall be deemed to vest in any person the property or funds of any religious institution which had not vested in such person or his predecessor-in-title before the commencement of this Act.
All lands belonging to the Board and religious institutions shall be deemed to be the property of the Government for the purpose of the Kerala Land Conservancy Act, 1957 (8 of 1958) and all the provisions of that Act shall, so far as they are applicable, apply to such lands.]
(1) Where a Commissioner or a Deputy Commissioner makes an inquiry or hears an appeal under Chapter V or Chapter VI, the inquiry shall be made and the appeal shall be heard, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908, to the trial of suits or the hearing of appeals, as the case may be.
(2) The provisions of the Indian Evidence Act, 1872, and the Indian Oaths Act, 1873 shall apply to such inquiries and appeals.
(3) The Commissioner or a Deputy Commissioner holding such an inquiry or hearing such an appeal shall be deemed to be a person acting Judicially within the meaning of the Judicial officers Protection Act, 1850.
Save as otherwise expressly provided in this Act, no notification or certificate issued, order passed, decision made, proceedings or action taken, scheme settled, or other thing done under the provisions of this Act by the 98[State Government], the Commissioner or a Deputy Commissioner, an Area Committee, or an Assistant Commissioner, shall be liable to be questioned in any Court of Law.
Any budget, audit report, accounts, returns, reports or other documents and any information required to be submitted to, or called for by, an Area Committee in respect of an institution subject to its jurisdiction, and all communications intended for an Area Committee shall be sent to the Assistant Commissioner concerned and shall be placed by him before the Committee at its next meeting, together with his remarks or recommendations thereon, if any.
The Assistant Commissioner may, in cases of emergency, direct the doing of any act which would ordinarily have to be done by the Area Committee, if the immediate doing of such act is, in his opinion, necessary in the interest of a religious institution.
Provided that the Assistant Commissioner shall not act under this section in contravention of any order of the Area Committee prohibiting the doing of any particular act:
Provided further that he shall report the action taken under this section and the reasons therefor to the Committee at its next meeting; and the Committee may annul, modify or reverse the order passed by the Assistant Commissioner.
(1) The 99[State Government] may call for and examine the record of the 100[Board or] Commissioner or any Deputy or Assistant Commissioner, or any Area Committee or of any trustee in respect of any proceeding, not being a proceeding in respect of which a suit or an appeal to a Court is provided by this Act, to satisfy themselves as to the regularity of such proceeding or the correctness, legality or propriety of any decision or order passed therein; and, If, in any case, it appears to the 99[State Government] that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, they may pass orders accordingly:
Provided that the 99[State Government] shall not pass any order prejudicial to any party unless he has had a reasonable opportunity of making his representations.
(2) The 99[State Government] may stay the execution of any such decision or order, pending the exercise of their powers under sub-section (1) in respect thereof.
(1) The 5[State Government] may make rules to carry out all or any of the purposes of this Act and not inconsistent therewith.
(2) In particular, and without prejudice to the generality of the foregoing power, they shall have power to make rules with reference to the following matters:--
(a) all matters expressly required or allowed by this Act to be prescribed;
(b) the form and manner in which applications and appeals should be submitted to the 5[State Government], the Commissioner, or a Deputy or an Assistant Commissioner;
(c) the powers of the 5[State Government], the Commissioner, or a Deputy or an Assistant Commissioner to hold inquiries, to summon and examine witnesses and to compel the production of documents;
(d) the inspection of documents and the fees to be levied for such inspection;
(e) the fees to be levied for the issue and service of processes and notices;
(f) the grant of certified copies and the fees to be levied therefor;
(g) the budgets, reports, accounts, returns or other information to be submitted by trustees;
(h) the convening of meetings of trustees and the quorum for, and the conduct of business at, such meetings;
(i) the manner in which the opinions of trustees shall be ascertained otherwise than at meetings;
(j) the proper collection of the income of, and the incurring of expenditure by, religious institutions;
(k) the custody of the moneys of religious institutions, their deposit in, and withdrawal from, banks, and the investment of such moneys;
(I) the custody of jewels and other valuables and documents of religious institutions;
(m) the manner in which and the period for which leases of properties of religious institutions shall be made;
(n) the manner in which the accounts of religious institutions shall be audited and published, the time and place of audit and the form and contents of the auditor's report;
(o) the method of calculating the income of a religious institution for the purpose of levying contribution and the rate at which it shall be levied;
(p) the security, if any, to be furnished by officers and servants employed for the purposes of this Act;
(q) the preservation, maintenance, management and improvement of the properties and buildings of religious institutions;
(r) the inspection and supervision of the properties and buildings of religious institutions, the reports to be submitted by persons making such inspection and supervision and the fees leviable for such inspection, supervision and report;
(s) the preservation of the images in temples;
(t) the grant of travelling and halting allowances to the members of the Area Committees or to the trustees;
(u) the preparation and sanction of the estimates and acceptance of tenders, in respect of public works and for supplies in religious institutions [x x x];
(v) [x x x]
(w) [x x x]
(x) the qualifications, method of recruitment, pay, grant of leave, leave allowance and travelling allowance, personal conduct and punishment, of
(i) [x x x]
(ii) executive officers appointed for religious institutions under any provision of this Act or in pursuance of any scheme settled or deemed to be settled thereunder;
(y) the qualifications to be possessed by the officers and servants for appointment to non-hereditary offices in religious institutions, the qualifications to be possessed by hereditary servants for succession to office and the conditions of service of all such officers and servants;
(z) the grant of pensions or gratuities to officers and servants of the Board who retired before the commencement of this Act; and
(aa) the grant of gratuities to the heirs of deceased officers and servants of the Board including those who had retired before the commencement of this Act.
(3) The power to make rules under this section shall be subject to the condition of previous publication.
For the purposes of this Chapter "Board" means the Board constituted under Section 10 of the Madras Hindu Religious Endowments Act, 1926.]
On and from the date on which this Act comes into force, the Board shall cease to exist, and all its assets and liabilities shall devolve on the 7[State Government].
Any reference to the Board, or its President or a Commissioner thereof contained in any enactment in force in the State of Kerala or in any notification, order, scheme, rule, form or bye-law issued or made under any such enactment and in force in the State, shall be construed,--
(a) in the case of a religious institution included in the list published under Section 38 or over which no Area Committee has jurisdiction, as a reference to the Deputy Commissioner appointed under this Act;
(b) in the case of a religious institution over which an Area Committee has jurisdiction, as a reference to the Area Committee.]
Notwithstanding the repeal of the Madras Hindu Religious Endowments Act, 1926 (hereinafter in this Section referred to as the said Act)
(a) all rules made, notifications or certificates issued, orders passed, decisions made, proceedings or action taken, schemes settled and things done by the 9[State Government], the Board or its President or by an Assistant Commissioner under the said Act, shall, insofar as they are not inconsistent with this Act, be deemed to have been made, issued, passed, taken, settled or done by the appropriate authority under the corresponding provisions of this Act and shall, subject to the provisions of clause (b), have effect accordingly;
Explanation.-- Certificates issued by the Board under Section 78 of the said Act shall be deemed to have been validly issued under that section, notwithstanding that the certificates were issued before the making of rules prescribing the manner of their issue.
(b) if the 9[State Government] are satisfied that any such rule, notification, certificate, order, decision, proceeding, action, scheme or thing, although not inconsistent with this Act would not have been made, issued, passed, taken, settled or done, or would not have been made, issued, passed, taken, settled or done in the form adopted, if this Act had been in force at the time, they shall have power, by order made at any time within one year from the commencement of this Act, to cancel or to modify in such manner as may be specified in the order, the said rule, notification, certificate, order, decision, proceeding, action scheme or thing, and thereupon, the same shall stand cancelled or modified as directed in the said order, with effect from the date on which it was made or from such later date as may be specified therein:
Provided that before making any such order, the 9[State Government] shall publish in the 9[Kerala Government Gazette] a notice of their intention to do so, fix a period which shall not be less than two months from the date of the publication of the notice for the persons affected by the order to show cause against the making thereof and consider their representations, if any;
(c) a notification published in respect of any religious institution under Section 65A, sub-section (3), or sub-section (5), of the said Act and in force immediately before the commencement of this Act shall be deemed to be a notification published under Section 64 of this Act. 10[(x x x)]
Explanation.-- The scheme of administration, if any, settled for the religious institution and the rules, if any, framed under such scheme which ceased to apply to the institution under Section 65B of the said Act shall not be deemed to be revived by reason of the cancellation of the notification under Section 64, sub-section (4), or by reason of its having ceased to be in force by efflux of time.
(d) all schemes settled or modified by a Court of law under the said Act or under Section 92 of the Code of Civil Procedure, 1908, shall be deemed to have been settled or modified by the Court under this Act and shall have effect accordingly;
(e) in any scheme settled or deemed to have been settled under the said Act (including a scheme settled under Section 92 of the Code of Civil Procedure, 1908) and in force immediately before the commencement of this Act--
(i) all powers conferred and all duties imposed by such scheme on one or more trustees, whether hereditary or non-hereditary, shall be exercised, subject to the restrictions and conditions, if any, specified in the scheme by the trustee or trustees appointed for the religious institution under this Act;
(ii) all powers conferred and all duties imposed by such scheme on any Court or Judge or any other person or body of persons not being a trustee or trustees or a paid or an honorary officer or servant of the religious institution, shall be deemed to have been conferred or imposed on the Area Committee if the institution is subject to the jurisdiction of such a Committee and on the Commissioner, in other cases; and the Area Committee or the Commissioner, as the case may be, shall exercise such powers and discharge such duties in accordance with the provisions of the scheme subject to such restrictions and conditions, if any, specified in the scheme;
(f) all orders made under Section 67 of the said Act shall, notwithstanding that they are inconsistent with this Act, continue in force, but any such order may at any time be modified or cancelled by the Deputy Commissioner if it is an order made under sub-section (1) or sub-section (3) of that section and by the Commissioner if it is an order made under sub-section (4) or sub-section (5) of that section; and any person aggrieved by any modification or cancellation made by the Deputy Commissioner may appeal to the Commissioner within such time as may be prescribed;
(g) all bylaws made by the Board under the said Act shall, in so far as they are not inconsistent with this Act, be deemed to be orders issued by the Commissioner under this Act;
(h) all proceedings pending before the 11[State Government] or the Board or its President or an Assistant Commissioner under the provisions of the said Act at the commencement of this Act, may, in so far as they are not inconsistent with the provisions of this Act, be continued by the appropriate authority under this Act;
(i) all costs, expenses, charges, penalties, and contributions payable to the Board under the said Act, immediately before the commencement of this Act, shall be 12[payable to the Commissioner] instead; and any assessment, levy or demand of such sums made before the commencement of this Act shall be deemed to be valid and may be continued and shall be enforceable under this Act;
(j) all suits, applications or proceedings taken by, or on behalf of, or against, the Board under the provisions of the said Act and pending at the commencement of this Act, may be continued by, or on behalf of, or against the Commissioner subject to the provisions of, and in so far as they are not inconsistent with, this Act;
Explanation.-- 13[x x x]
(k) any remedy by way of application, suit or appeal which is provided by this Act shall be available in respect of proceedings under the said Act pending at the commencement of this Act as if the proceedings in respect of which the remedy is sought had been instituted under this Act.
(1) On the coming into force of this Act, such members of the Board including the President and such of its subordinates as the 14[State Government] may consider suitable, may be appointed by the 14[State Government] in their discretion to any offices provided for in this Act to which they may be deemed qualified; and the services of the rest shall be deemed to have been terminated.
(2) The conditions of service of persons so appointed shall be regulated by rules made by the 14[State Government] from time to time as if they had entered the service of the 14[State Government] on the date of their first entertainment as a member of the Board or as its subordinate, as the case may be.
(3) To those not so appointed, the 14[State Government] may accord such relief by way of pension, gratuity, provident fund or leave with allowances as they may in their discretion deem fit.
(4) No Court shall entertain any suit or application for damages or compensation by any member of the Board or any of its subordinates affected by sub-section (1) or for the variation of the relief, if any, granted under sub-section (3).
If any difficulty arises in giving effect to the provisions of this Act, the 14[State Government] may, as occasion may require, by order, do anything which appears to them necessary for the purpose of removing the difficulty.
(1) This Act may be called the Madras Hindu Religious and Charitable Endowments Act, 1951.
(2) It extends to the whole of the 2[Malabar District] and applies to all Hindu public religious institutions and endowments, including the Tirumalai-Tirupati Devasthanams and the endowments thereof.
Explanation.-- In this sub-section, Hindu public religious institutions and endowments do not include Jain religious institutions and endowments.
(3) It shall come into force on such date as the 2[State Government] may, by notification in the 2[Kerala Government Gazette], appoint.
The 2[State Government] may by notification in the 2[Kerala Government institutions Gazette] extend to Jain public religious institutions and endowments 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 institutions and endowments as if the expressions 'Hindu' and 'Hindus' therein included 'Jain' and 'Jains' respectively:
Provided that before issuing such a notification the 4[State Government] shall publish in the 4[Kerala Government 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.
Where the 4[State Government] have reason to believe that any Hindu or Jain public charitable endowment is being mismanaged and are satisfied that in the interest 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 in the 4[Kerala Government Gazette]; 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 4[State Government] shall publish in the 4[Kerala Government 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.
The 4[State Government] may, by notification in the 4[Kerala Government Gazette],--
6[(a) exempt from the operation of any of the provisions of this Act or of any rules made thereunder, any religious or charitable institution or endowment, the administration of which is, for the time being vested in--
(i) the Official Trustee or in the Administrator-General; or
(ii) any body corporate entrusted by law with the administration of religious institutions; or]
(b) vary or cancel such exemption
(1) The Madras Hindu Religious Endowments Act, 1926, is hereby repealed.
(2) The Tirumalai-Tirupati Devasthanams Act, 1932, is hereby repealed, but the repeal shall not revive the arrangement made by the Government in 1843 for the management of the Tirumalai-Tirupati Devasthanams or the scheme settled by the Privy Council in Appeal No. 6 of 1906 or the rules framed under such scheme.
(3) The following enactments shall cease to apply to Hindu religious institutions and endowments, namely:--
(a) the Madras Endowments and Escheats Regulation, 1817;
(b) the Religious Endowments Act, 1863;
(c) the Charitable Endowments Act, 1890;
(d) the Charitable and Religious Trusts Act, 1920; and
(e) Sections 92, and 93 of the Code of Civil Procedure, 1908.
In this Act, unless there is anything repugnant in the subject or context--
(1) "Area Committee"means, in relation to any temple or specific endowment, the Area Committee constituted under this Act and having jurisdiction over such temple or endowment;
7[(2) "Assistant Commissioner" means the Assistant Commissioner appointed under sub-section (4) of Section 8C;]
7[(3) "Board" means, except for the purposes of Chapter XI, the Board constituted under sub-section (1) of Section 7 of this Act;]
(4) "Charitable endowment" 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 subjects of a like nature; and includes the institution concerned;
7[(5) "Commissioner" means the Commissioner appointed under sub-section (1) of Section 8C;]
(6) "Court" means--
(i) 8[x x x]
(ii) in relation to a math or temple 9[x x x], 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 would 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 such maths or temples;
10[(7) "Deputy Commissioner" means the Deputy Commissioner appointed under sub-section (4) of Section 8C;]
(8) "Government" means the State Government;
(9) "hereditary trustee" means the trustee of a religious institution 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;
11[(9a) "Malabar area" means the area comprised in the Malabar District referred to in sub-section (2) of Section 5 of the States Re-organization Act, 1956 (Central Act 39 of 1956).]
(10) "Math" means a Hindu religious institution with properties attached thereto and presided over by a person whose duty it is to engage himself in imparting religious instruction or rendering spiritual service to a body of disciples or who exercises or claims to exercise spiritual headship over such a body; and includes 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 its 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.
(11) "Person having interest" means--
(a) in the case of math, a disciple of the math or a person of the religious persuasion to which the math belongs;
(b) in the case of 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;
(12) "prescribed" means prescribed by rules made by the Government under this Act;
(13) "religious charity" means a public charity associated with a Hindu festival or observance of a religious character, whether it be connected with a math or temple or not;
(14) "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 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 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 commencement of this Act, by the operation of the law of limitation.
(15) "religious institution" means a math, temple or specific endowment;
(16) "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 (14);
(17) "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;
(18) [x x x]
(19) "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.
(1) As soon as after the commencement of the Madras Hindu Religious and Charitable Endowments (Amendment) Act, 2008, the Government shall, by notification in the Gazette, constitute a Board by name "the Malabar Devaswom Board".
(2) The Board shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of both movable and immovable properties and to enter into contracts and may sue and be sued in the name of the Board.
45A[(3) The Board referred to in sub-section (1) shall consist of nine Hindu members of whom one shall be a woman, one shall be a person belonging to Scheduled Castes and one shall be a person belonging to Scheduled Tribes.
Explanation.- For the purpose of this Section, "Scheduled Castes" and "Scheduled Tribes" shall have the same meaning as assigned to them in Clauses (24) and (25), respectively, of Article 366 of the Constitution of India.]
45B[(4) Of the nine members specified in sub-section (3), seven members including the woman member, the member belonging to the Scheduled Castes and the member belonging to the Scheduled Tribes, shall be nominated by the Hindus among the Council of Ministers and the other two members shall be elected by the Hindus among the Members of the Legislative Assembly of the State of Kerala as provided in Section 7-I.]
(5) The Hindus among the Council of Ministers of the State shall also nominate a member of the Board as its President.
(6) The headquarters of the Board shall be at Kozhikode.
(7) In the absence of a duly constituted Board, the Government may, by notification in the Gazette, appoint a Secretary to Government, who is a Hindu, as the Chief Commissioner to exercise all powers and perform all duties of the Board under this Act.]
(1) Every member of the Board shall be entitled to hold office for a period of two years from the date of his nomination or election, as the case may be.
(2) A person who ceases to be a member of the Board by reason of expiration of his term of office shall, if he is otherwise qualified, be eligible for re-nomination or re-election:
Provided that such a member shall not be eligible for re-nomination or re-election consecutively.
A person shall be qualified for nomination or election as a member of the Board only if he,--
(i) is a permanent resident of the Malabar area;
(ii) professes the Hindu religion;
(iii) is a believer of Temple worship; and
(iv) has completed the age of 46A[forty-five years] in the case of male members and sixty years in the case of female members.
Where a person has been elected or nominated as a member of the Board, before entering the office as a member, he shall take an oath before the Commissioner of the Board stating that he is a person professing Hindu religious rites and is a believer of God and temple worship.
No person shall be eligible for nomination or election as a member of the Board, if he,--
(i) is of unsound mind; or
(ii) is an undischarged insolvent; or
(iii) is an office-holder or a servant of the Government, a Local Authority, or a Devaswom Board; or
(iv) is interested in an existing contract for the supply of any material to the Board or for executing any work on behalf of the Board; or
(v) has been convicted by a Criminal Court for any offence involving moral turpitude; or
(vi) is a Member of the Parliament or of the Legislature of any State or of a Local Self Government Institution; or
(vii) has been removed from holding any office in pursuance of a Court order; or
(viii) involves in the business of production or sale of liquor.
(1) Where the Government are satisfied that a person elected or nominated as a member of the Board has become subject to any of the disqualification specified in clause (i) to (viii) of Section 7D or does any act prejudicial to the interest of the Board or absent himself from three consecutive meetings without any sufficient reason or ceases to profess the Hindu religion, it may, by order, for reasons to be stated therein, remove such member from office:
Provided that a member shall not be removed under this sub-section, unless he is given a reasonable opportunity of showing cause against his removal.
(2) A member of the Board may also be removed from his office by the Government on the ground of proved misbehaviour or incapacity, based on a complaint received from a Hindu, after conducting a detailed inquiry in the prescribed manner.
Explanation.-- If a member does any act, which is intended or is likely to endanger communal harmony or which tends to promote feelings of enmity or hatred among different classes of citizens, he shall, for the purpose of this sub-section be deemed to be guilty of misbehaviour.
A member of the Board may, by writing under his hand, addressed to the Government Secretary in charge of Devaswom Department, resign his membership and the resignation shall take effect on the date of acceptance of the same by the Government.
When the Office of a nominated or elected member of the Board becomes vacant due to death, resignation, removal or otherwise, a new member shall be nominated or elected, as the case may be, in his place, in accordance with the provisions contained in this Act and such member shall hold office so long as the member, in whose place he is nominated or elected, would have held office, had such vacancy not occurred.
The President and the members of the Board shall be entitled for a monthly honorarium at the rate of Rs.5,000 and Rs.3,500 respectively and for travelling allowance as payable to the Class I officers of the Government and shall not be eligible for any other perquisites or facilities:
Provided that nothing contained in this section shall prevent the Board from providing a conveyance facility to the President.
(1) A meeting of the Hindus among the Members of the Legislative Assembly of the State shall be summoned under the authority of the Governor of Kerala by any person authorized in this behalf by the Governor, to meet at such time and place and on such date as may be fixed by him in this behalf, for the election of members to the Board.
(2) The election shall be held in accordance with the rules specified in the Schedule II, by the person commissioned by the Governor to preside over the meeting.
(1) Meetings of the Board shall be convened by the Secretary of the Board on the direction of the President.
(2) Meetings of the Board shall be presided over by the President and in his absence by a member chosen by the members present from among themselves.
(3) The quorum for a meeting shall be five.
(4) In case of difference of opinion among the members, decisions shall be taken by a majority of votes, and where the votes are equally divided the President or the person presiding shall have and exercise a casting vote.
(5) The Secretary shall keep the minutes of the proceedings of each meeting in a book to be kept for the purpose which shall be signed by the President or the person presiding and the members present at such meeting.
No act or proceedings of the Board shall be deemed to be invalid merely by reason of any defect in its constitution or on the ground that the President or any member thereof was disqualified for or had ceased to hold office or by reasons of such act or proceedings having been done or taken during the period of any vacancy in the office of the President or any member of the Board.
(1) The Board shall constitute, for its proper functioning, the following Standing Committees with 3 members each, namely:--
(i) Standing Committee on Finance and Resource Mobilization;
(ii) Standing Committee on Works, Development and Environment;
(iii) Standing Committee on Establishment, Temple Arts and Devotional Service.
(2) The Board shall nominate one member of each Standing Committee as its Chairman who shall preside over its meetings.
(3) The Board shall specify the various duties and responsibilities of the Standing Committees.
(4) The Standing Committees shall meet at least once in a month.
(5) The recommendations of the Standing Committees shall be unanimous and in case of any difference of opinion among the members in respect of any subject it shall be placed before the Board for decision.
The Board shall perform the following duties and functions, namely:--
(i) to ensure proper maintenance and upliftment of Hindu Religious Institutions;
(ii) to establish and maintain proper facilities in the temples for the devotees;
(iii) to allocate all the divisions under the Board to the members by rotation, who shall perform such functions as may be authorised by the Board including the function to supervise the working of the Area Committee.]
All powers and duties under this Act, in respect of the various religious institutions of the Malabar area, that have been exercised or performed by the Commissioner, Deputy Commissioners, Assistant Commissioners and Area Committees before the commencement of the Madras Hindu Religious and Charitable Endowments (Amendment) Act, 2008, shall vest in the Board, on its constitution.]
Subject to supervision and control of the Board, and other provisions of this Act, the Commissioner, Deputy Commissioners, Assistant Commissioners and Area Committees exercising any power or performing any duty under this Act, before the commencement of the Madras Hindu Religious and Charitable Endowments (Amendment) Act, 2008, shall continue to exercise such powers and perform such duties, as officers of the Board, as if those powers are delegated to them by the Board.
(1) The Board shall have the power to assume the direct management of any religious institution provided the trustees request the Board to take over its management unconditionally.
(2) The Board shall have the power to fix and regulate the service conditions and pay structure of the Officers and Employees of the temples from time to time and to supervise its implementation.
(3) The Board may maintain a Welfare Fund Scheme for the benefit of the Officers and employees of the temples in the manner as may be prescribed.
(1) The Government may appoint an officer not below the rank of 48AA[a Deputy Commissioner in the abolished department who is eligible to be promoted as Commissioner as per the provision contained in section 19G and in the absence of such an officer, an officer not below the rank of a Joint Secretary to Government] who is professing Hindu religion and is a believer of God and temple worship, as the Commissioner of the Board on such terms and conditions as may be fixed by the Government, who shall also function as the Secretary of the Board.
(2) He shall be the Chief Executive Officer of the Board who shall implement all decisions of the Board.
(3) He shall submit reports to the Government, once in three months, with respect to the working of the Board.
(4) The Board may appoint such number of Deputy Commissioners, Assistant Commissioners, and such other officers and staff as are necessary for discharging its functions under this Act.
(5) The Board may create, with the approval of the Government, such number of posts of officers and employees of the Board, as it requires.
(6) The pay and allowances and other conditions of service of the officers and employees of the Board, appointed under sub-section (4), shall be such, as may be prescribed.
The Commissioner, every Deputy or Assistant Commissioner and every other officer or servant appointed to carry out the purposes of this Act, by whomsoever appointed, shall be a person professing the Hindu religion, and shall cease to hold office as such when he ceases to profess that religion.
(1) The Commissioner shall with the previous approval of the 49[State Government], specify the area within which each Deputy Commissioner, if there is more than one, shall exercise the powers and discharge the duties assigned by or under this Act to a Deputy Commissioner as such.
(2) The Commissioner may delegate any of the powers conferred or duties imposed on him by or under this Act (including the powers and duties of an Assistant Commissioner which may be exercised by the Commissioner under the proviso to Section 11, sub-section (2), but not including the powers and duties of the Commissioner under Sections 18, 19, 38, 39, 52, 56, 61, 64, or 76(2)) in respect of any area or of any class or group of institutions in the State or any area therein to a Deputy Commissioner subject to such restrictions and control as the 49[State Government] may, by general or special order, lay down and subject also to such limitations and conditions, if any, as may be specified in the order of delegation.
(1) The Commissioner shall, with the approval of the 49[State Government], divide the State into divisions, each of which shall be in the charge of an Assistant Commissioner.
(2) An Assistant Commissioner shall exercise such powers and discharge such duties as are assigned to him by or under this Act in respect of his division:
Provided that the Commissioner may, by order in writing, declare that the exercise and discharge of all or any of such powers and duties shall be subject to such exceptions, limitations and conditions as may be specified in the order, and may himself exercise or discharge any power or duty so excepted.
(3) The Commissioner may delegate to an Assistant Commissioner any of the powers conferred or duties imposed on the Commissioner by or under this Act (other than the powers and duties referred to in Sections 18, 19, 38, 39, 52, 56, 61, 64 or 76(2)) in respect of the division of the Assistant Commissioner or of any institutions or any class or group of institutions in that division, subject to such restrictions and control as the 50[State Government] may, by general or special order, lay down and subject also to such limitations and conditions, if any, as may be specified in the order of delegation.
(1) The 51[State Government]--
(a) shall, as soon as may be after the commencement of this Act, by notification in the 51[Kerala Government Gazette], constitute an Area Committee for all temples situated in an Assistant Commissioner's division or part thereof other than temples included in the list published under Section 38; and
(b) may likewise abolish any Area Committee constituted under clause (a), provided that before doing so, a reasonable opportunity shall be given to the Committee to show cause against its abolition.
(2) An Area Committee shall have jurisdiction over specific endowments attached to the temples for which it is constituted, other than specific endowments included in the list published under Section 38:
Provided that where a specific endowment is attached to two or more temples comprised within the jurisdiction of two or more Area Committees, the Commissioner shall decide as to which of the Area Committees shall have jurisdiction over the specific endowment:
Provided further that where a specific endowment is attached partly to one or more temples included in the list published under Section 38 and partly to one or more temples not so included, only the Commissioner shall have jurisdiction over the specific endowment and no Area Committee shall have such jurisdiction.
51A[(1) Every Area Committee shall consist of seven members of Hindu Religion appointed by the Government, namely:-
(a) one member from Scheduled Castes or Scheduled Tribe Communities;
(b) one woman member
(c) one philosopher of Hindu Religion or performer of temple art or a person who has authored works on Hindu literature; and
(d) four other members.]
52[(1A) The Government shall nominate one of the members as its Chairman.]
(2) Save as otherwise, expressly provided in this section, a member of an Area Committee shall be entitled to hold office for 52A[two years] from the date on which his appointment is notified in the 53[Kerala Government Gazette].
(3) A person shall be disqualified for being appointed as, or for being, a member of an Area Committee--
(a) if he does not profess the Hindu religion;
(b) if he has applied or applies to be, or has been, or is, adjudicated an insolvent;
(c) if he is of unsound mind, a deaf-mute or suffering from contagious leprosy;
(d) if he is a trustee of, or an office-holder or a servant attached to, or a person in receipt of any emolument or perquisite from, any temple or specific endowment over which the Area Committee has jurisdiction, or if he belongs to a Joint Hindu Family a member of which is such a trustee, officeholder or servant or a person in receipt of any such emolument or perquisite;
(e) if he has been sentenced by a Criminal Court to transportation or to imprisonment for a period of more than six months, for any offence other than an offence not involving moral turpitude, such sentence not having been cancelled or reduced to a period of six months or less, or the offence not having been pardoned, provided that the 53[State Government] may direct that such sentence shall not operate as a disqualification.
(4) A person shall also be disqualified for being appointed as a member of an Area Committee if he is already a member of some other Area Committee.
(5) A member of an Area Committee shall also cease to hold office--
(a) if he absents himself from three consecutive meetings of the Committee:
Provided that when a person who ceased to be a member by reason of such absence, applies for restoration within one month from the date of the last of the three meetings, the Committee may, at the meeting next after the receipt of such application, restore him to his office of member but a member shall not be so restored more than twice during his term of office, or
(b) if he resigns his office by giving notice in writing to the 54[State Government].
No act of an 57[Area Committee or Temple Advisory Committee] shall be deemed to be invalid by reason only of a defect in its constitution or on the ground that the Chairman or any member thereof was disqualified for, or had ceased to hold, his office, or by reason of such act having been done during the period of any vacancy in the office of the Chairman or any member of such Committee.
Where an Area Committee has been abolished under clause (b) of sub-section (1) of Section 12, a new Area Committee shall be constituted within six months of its abolition and till then its powers and duties shall be exercised and discharged by the Assistant Commissioner concerned.