The Tamil Nadu Hindu Religious and Charitable Endowments (Special Provisions) Act, 1996
The Tamil Nadu Legislative Assembly enacted the Tamil Nadu Hindu Religious and Charitable Endowments (Special Provisions) Act, 1996, Act Number 23 of 1996, published through the Tamil Nadu Government Law Department and deemed in force from 26 June 1996. It removed serving non-hereditary trustees of religious institutions, provided temporary arrangements for administration, and was amended by Act Number 48 of 1999.
What the law does
The Tamil Nadu Hindu Religious and Charitable Endowments (Special Provisions) Act, 1996 applies to non-hereditary trustees of religious institutions appointed under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. It was enacted following public discontent about trustee appointments and functioning, with the stated aim of protecting public interest and ensuring proper administration of religious institutions.
The law is deemed to have come into force on 26 June 1996. It also repealed the Tamil Nadu Hindu Religious and Charitable Endowments (Special Provisions) Ordinance, 1996, while preserving actions already taken under that Ordinance.
Who is affected
The Tamil Nadu Hindu Religious and Charitable Endowments (Special Provisions) Act, 1996 directly affects:
- Non-hereditary trustees who were holding office on 26 June 1996.
- Hereditary trustees of the affected religious institutions.
- Executive officers and fit persons appointed to manage institutions temporarily.
- Religious institutions whose records, accounts, income or properties were controlled by outgoing non-hereditary trustees.
The law does not describe a general change to private land ownership. Its property provisions concern property belonging to religious institutions and held or controlled by outgoing trustees.
Key provisions
- Every non-hereditary trustee appointed under the 1959 Act and holding office on 26 June 1996 ceased to hold office on that date.
- Until vacancies were filled, the institution's functions were to be performed by its hereditary trustee or trustees, if any.
- Where there was no hereditary trustee, functions were to be performed by the executive officer or, if directed by the Government, by a fit person from the Hindu Religious and Charitable Endowments Administration Department who met the stated rank requirement.
- An outgoing non-hereditary trustee had to hand over institutional records, accounts and properties within ten days, or within further time granted by the Commissioner.
- Failure to hand over could, on conviction, result in imprisonment for up to three years, a fine of up to five thousand rupees, or both.
- A Magistrate could appoint a Receiver pending trial to take possession of institutional records, accounts and properties. The institution's income would meet the Receiver's remuneration and expenses.
Amendment in 1999
The Tamil Nadu Hindu Religious and Charitable Endowments (Special Provisions) Amendment Act, 1999, Act Number 48 of 1999, received the Governor's assent on 14 December 1999 and is deemed effective from 26 June 1996. It replaced the vacancy-filling provision and required covered vacancies in the office of non-hereditary trustee to be filled under the 1959 Act.
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Common questions
Does this law change ownership of private property near a temple?
The source does not make any general change to private property ownership. Its property provisions deal with records, accounts and properties of religious institutions held or controlled by outgoing non-hereditary trustees.
What happened to non-hereditary trustees serving on 26 June 1996?
Every covered non-hereditary trustee holding office on 26 June 1996 ceased to hold that office on that date.
Who managed a religious institution until a trustee vacancy was filled?
The hereditary trustee or trustees performed the functions where they existed. Otherwise, the executive officer or a qualifying fit person appointed through the Hindu Religious and Charitable Endowments Administration Department performed them.
Was the 1996 law later amended?
Yes. Act Number 48 of 1999 replaced the vacancy-filling provision and is deemed to have come into force on 26 June 1996.
