Rules issued under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959

What this document is

Rules issued under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 is a rules compilation under Tamil Nadu Hindu Religious and Charitable Endowments Act 22 of 1959. The source text first explains general principles on delegated legislation, then sets out specific rules including the Publication of Notice and Notifications of Jain Public Religious Institutions and other Endowments Rules, 1960 and the Advisory Committee Rules, 1997.

What it governs

The source text covers two practical areas.

• Publication and service of notices and notifications relating to Jain public religious institutions and other endowments.
• How the Advisory Committee functions, including meetings, quorum, voting, minutes and the role of the Member-Secretary.

The introductory part also states broad legal principles, including that rules must stay within the powers given by the parent Act, cannot override the Act, and can be challenged if unconstitutional or beyond the Act.

Who it affects

The material is mainly relevant to:

• trustees of religious institutions or endowments referred to in sections 2 and 3,
• persons having interest in those institutions or endowments,
• the Advisory Committee,
• the Commissioner, who is the Member-Secretary ex-officio,
• the Government and local bodies where notices are displayed.

For a property buyer or owner, this matters only if land or property is connected with a Jain religious institution, charitable endowment, or administration under the Tamil Nadu Hindu Religious and Charitable Endowments framework.

Key provisions in the extracted rules

Publication of Notice and Notifications of Jain Public Religious Institutions and other Endowments Rules, 1960

• Notices under section 2 and section 3 must be published in the Tamil Nadu Government Gazette.
• They must also be published in the language of the locality concerned in a daily newspaper having circulation in that locality.
• They must be sent by registered post with acknowledgement due to the trustee.
• Refusal by the trustee to receive the notice is treated as sufficient service.
• Copies of notices must also be published by affixture on the institution notice board, front door, or another conspicuous place, and on the notice board of the Municipal Council, Municipal Corporation of Chennai, Panchayat, Panchayat Union Council, village chavadi, or another public place in the village.
• Publication in this manner is deemed sufficient intimation to persons having interest.
• Notifications under section 2 or section 3 must be served and published in the same manner.

Advisory Committee Rules, 1997

• A non-official member who is or was a member is eligible for re-nomination.
• The Government may reconstitute the Advisory Committee at any time for proper functioning.
• The Advisory Committee must meet at least once in six months.
• Meetings are ordinarily held at Chennai, but may be held outside Chennai if the Chairman considers it necessary.
• The quorum is eight.
• Questions are decided by majority vote, with a second and casting vote for the presiding person when votes are equal.
• Minutes must be recorded, signed and kept in the office of the Commissioner.
• Within ten days from the meeting, a copy of the minutes must be forwarded to the Government and members by the Member-Secretary.