The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959
Tamil Nadu enacted The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, as Tamil Nadu Act 22 of 1959, effective from 1 January 1959, to govern Hindu religious institutions and endowments through designated authorities. It covers trustees, institutional property, leases, encroachments,...
Scope and administration
The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 establishes a system for administering Hindu religious institutions and endowments. Its coverage includes:
- Powers to extend the Act to Jain religious institutions and endowments, and to charitable endowments.
- Exemptions and definitions.
- An Advisory Committee and District Committee.
- Appointment of the Commissioner and other controlling authorities by the Government.
- Delegation of powers to Additional Commissioners, Joint Commissioners, Deputy Commissioners and Assistant Commissioners.
- Powers to enter and inspect religious institutions, property and documents.
Trustees and institutional property
The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 regulates trustee qualifications, disqualifications, duties, appointment, suspension, removal and replacement. It also provides for Executive Officers and the appointment and discipline of office holders and servants.
Key property provisions cover:
- Preparation and annual verification of institutional registers, with submission once in ten years.
- Accounts, returns and inspection of property and documents.
- Alienation of immovable trust property.
- Fixing lease rent and terminating leases of immovable property.
- Resumption and regrant of inam granted for performing charity or service.
- Restrictions on transferring land adjoining or belonging to religious institutions, except in special cases.
- Recovery of institutional property and putting a trustee or Executive Officer in possession.
- Restrictions on trustees lending or borrowing money without sanction.
Encroachments and occupation
The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 contains procedures concerning encroachments on land or buildings belonging to charitable or religious institutions or endowments. It addresses eviction of individual encroachers and groups, penalties connected with encroachment, and recovery of money due as arrears of land revenue.
The Act also covers eviction of lessees, licensees and mortgagees with possession in specified cases, appeals against relevant orders, compensation, tribunals and suits against awards.
Why it matters for property transactions
A buyer, lessee, mortgagee or occupier may be affected when land or a building belongs to, adjoins, or is claimed by a religious institution or endowment. The Act includes controls over transfers and leases, institutional registers, inspection, possession, eviction and dispute resolution. The supplied text is a contents overview and does not state the status of any individual property.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does the Act apply only to Hindu religious institutions?
It primarily concerns Hindu religious institutions and endowments. It also gives powers to extend its application to Jain religious institutions and endowments, and to charitable endowments.
Can land belonging to a temple or religious institution be transferred?
The Act contains provisions governing alienation of immovable trust property. It also prohibits transfer of lands adjoining or belonging to religious institutions except in special cases, but the supplied text does not set out those cases.
Can a lessee or encroacher be evicted from religious institution property?
Yes. The Act contains provisions for removing encroachments and for evicting lessees, licensees or mortgagees with possession in certain cases, together with appeal, compensation and tribunal provisions.
Does the Act require records of religious institution property?
Yes. It provides for preparation of a register for institutions, annual verification, submission once in ten years, accounts and returns, and inspection of property and documents.