Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 2009
The Government of Tamil Nadu published Tamil Nadu Government Gazette Extraordinary No. 154 on 25 June 2009, through the Director of Stationery and Printing, containing a Bill introduced in the Tamil Nadu Legislative Assembly by KR. Periakaruppan, Minister for Hindu Religious and Charitable Endowments. The Bill proposes to allow termination of leases of immovable property belonging to religious institutions for breach of any lease condition, and to allow the Government to review any order passed under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.
Status and purpose
Tamil Nadu Government Gazette Extraordinary No. 154, dated 25 June 2009, publishes a Bill introduced in the Tamil Nadu Legislative Assembly on that date. The Bill was presented by KR. Periakaruppan, Minister for Hindu Religious and Charitable Endowments, and was published for general information under the Tamil Nadu Legislative Assembly Rules.
The document is a proposed amendment, not a notification bringing the amendment into force. The Bill states that the amendment would commence on a date appointed by the State Government through a notification.
Property leases affected
The Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Bill, 2009 proposes to change the grounds for terminating a lease of immovable property belonging to a religious institution.
Key points are:
- The existing provision described in the Bill allowed lease termination for non-payment of lease rent.
- The proposed amendment adds violation of any condition imposed in the lease agreement as another ground for termination.
- The Statement of Objects and Reasons explains that executive authorities had been unable to cancel such leases for breaches other than rent default.
- If brought into force, the amendment would make compliance with every condition in the lease agreement relevant to whether the lease may be terminated.
This proposal is particularly relevant to existing or prospective lessees of land or buildings belonging to religious institutions. The Gazette does not set out particular lease conditions, rents, procedures or penalties.
Government review power
The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 contained a Government review power linked to specified types of orders. The Bill proposes to replace that limited wording with wording allowing the Government to review an order passed under the Act.
The Statement of Objects and Reasons says the purpose is to enable the Government to review any order passed under any provision of the Act, either on its own motion or following an application by a person aggrieved.
Practical relevance
The Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Bill, 2009 may affect:
- Tenants and lessees of immovable property owned by religious institutions.
- Buyers or professionals examining rights arising from such leases.
- Persons affected by Government orders made under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.
The Gazette does not provide the later notification date on which the proposed amendment would commence.
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 Gazette itself bring the amendment into force?
No. It publishes a Bill introduced in the Tamil Nadu Legislative Assembly. The Bill states that the amendment would come into force on a date appointed by the State Government through a notification.
Could a religious institution lease be terminated for breaching a condition other than payment of rent?
The Bill proposes to permit termination for violation of any condition imposed in the lease agreement, in addition to non-payment of lease rent.
Does the proposal apply to all private property leases?
The lease amendment described in the Gazette concerns immovable property belonging to religious institutions under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.
What change is proposed to the Government's power to review orders?
The Bill proposes to allow the Government to review any order passed under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, rather than only the specified categories of orders described in the existing provision.
