Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 2021 and Tamil Nadu Hindu Religious and Charitable Endowments (Second Amendment) Act, 2021
The Law Department of the Government of Tamil Nadu, through C. Gopi Ravikumar, Secretary to Government (Legislation), published Act No. 29 of 2021 and Act No. 30 of 2021 after they were enacted by the Tamil Nadu Legislative Assembly and received the Governor's assent on 4 October 2021. Act No. 29 makes the offence punishable under section 79-B(2) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 cognizable and non-bailable, while Act No. 30 reduces the term of District Committee members under section 7-A from three years to two years and provides for members to leave office after completing two years.
What the amendments cover
The Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 2021 and the Tamil Nadu Hindu Religious and Charitable Endowments (Second Amendment) Act, 2021 make separate changes to the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. Both Acts state that they come into force at once.
The source contains two Acts:
- Act No. 29 of 2021 changes the treatment of an offence under section 79-B.
- Act No. 30 of 2021 changes the term of office of members of a District Committee under section 7-A.
Change concerning the section 79-B offence
The Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 2021 substitutes a new sub-section (3) for the previous sub-sections (3) and (4) of section 79-B.
The substituted provision states that:
- The offence punishable under section 79-B(2) is cognizable.
- The offence is non-bailable.
- The Code of Criminal Procedure, 1973 provisions relating to cognizable and non-bailable offences apply.
The supplied text does not describe the conduct that constitutes the offence under section 79-B(2). A temple land buyer, owner or professional cannot determine from these two pages alone whether a particular occupation, transfer or other activity falls within that offence.
Change to District Committee terms
The Tamil Nadu Hindu Religious and Charitable Endowments (Second Amendment) Act, 2021 amends section 7-A by replacing the expression "three years" with "two years" in sub-section (2).
The Act also inserts a transitional provision for existing District Committee members:
- A member who had already completed two years when the Act commenced ceased to hold office immediately.
- A member who completed two years after commencement ceased to hold office upon completing that period.
Who is directly affected
Act No. 29 of 2021 directly affects persons accused of the offence punishable under section 79-B(2), because that offence is treated as cognizable and non-bailable.
Act No. 30 of 2021 directly affects members of District Committees constituted under section 7-A by limiting their term to two years. The supplied text does not create a land price, fee, approval process or property registration requirement.
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Common questions
Do these amendments change the rules for buying or registering temple land?
The supplied text does not set out any land purchase, transfer, registration or approval procedure. It changes the criminal treatment of an offence under section 79-B(2) and the term of District Committee members under section 7-A.
Is the offence under section 79-B(2) bailable?
Act No. 29 of 2021 states that the offence punishable under section 79-B(2) is cognizable and non-bailable.
How long can a District Committee member remain in office?
Act No. 30 of 2021 replaces the three-year term in section 7-A(2) with a two-year term.
What happened to District Committee members already serving when the amendment commenced?
A member who had already completed two years ceased to hold office immediately. A serving member who completed two years later ceased to hold office upon completing that period.