The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959

What the Act governs

The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 establishes authorities and controls for Hindu religious institutions and charitable endowments. It provides for a Commissioner and other controlling authorities, advisory and district committees, trustees, executive officers and inquiries into specified disputes and matters.

The Act also includes powers to extend its application to Jain religious institutions and endowments, and to charitable endowments. It contains provisions on exemptions and identifies other laws that do not apply to Hindu religious institutions and endowments.

Property provisions

The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 directly addresses property belonging to religious or charitable institutions and endowments. Provisions listed in the Act cover:

• Preparation and periodic verification of institutional registers.
• Inspection of property and documents.
• Alienation of immovable trust property.
• Fixation and termination of leases of immovable property.
• Transfer restrictions for land adjoining or belonging to religious institutions.
• Encroachments on institutional land or buildings and eviction of encroachers.
• Eviction of certain lessees, licensees or mortgagees in possession.
• Appeals against specified eviction orders and payment of compensation.
• Recovery of institutional property and money due to religious institutions.

A buyer, tenant, licensee, mortgagee or occupier dealing with land connected to a religious institution should therefore establish the institution's ownership, the authority for the transaction and whether any encroachment or eviction proceeding affects the property.

Administration and finances

The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 covers trustee qualifications, disqualifications, duties, appointment, suspension and removal. It also addresses schemes, notified religious institutions, executive officers, office holders and servants.

Financial provisions include budgets, accounts, audits, annual contributions to the Government, administration funds, the Common Good Fund and Devaswom funds and properties. Trustees are also restricted from lending or borrowing money without sanction.

Disputes and remedies

The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 provides for inquiries, appeals, suits, tribunals, review by the Government and limitation. It also contains restrictions on court proceedings concerning administration or management and on challenges to notifications and orders under the Act.