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      • 1. Short title.
      • 2.
      • 3. Form and Service of Notice to Encroacher.
      • 4. Enquiries.
      • 5.
      • 6.
      • 1. Short title.
      • 2. Application.
      • 3. Definition.
      • 4. Hereditary Archaka Scheme.
      • 5. Hereditary Archaka Families.
      • 6. Rule of Succession.
      • 7. Right to Archakatvam.
      • 8. Honours.
      • 9. Category of Hereditary Archakas.
      • 10. Emoluments.
      • 11. Benefits.
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      • 1. Short title, extent, application and commencement.
      • 2. Definitions.
      • 3. Appointments etc., of Commissioner, Additional Commissioner, Regional Joint Commissioner, Deputy Commissioner and Assistant Commissioner.
      • 4. Qualifications for appointment of Commissioner etc.
      • 5. State to be divided into regions, divisions and subdivisions for the purposes of this Act.
      • 6. Preparation and publication of list of charitable and religious institutions and endowments on the basis of income.
      • 7. Commissioner to be corporate sole.
      • 8. Powers and functions of Commissioner and Additional Commissioner.
      • 9. Powers and functions of Regional Joint Commissioner.
      • 10. Powers and functions of Deputy Commissioner.
      • 11. Powers and functions of Assistant Commissioner.
      • 12. Powers of Commissioner etc., to enter and inspect institutions and endowments .
      • 13. Commissioner etc., to observe appropriate form, usages and practices.
      • 14. Vesting of all properties in the institution or endowment.
      • 15. Appointment of Board of Trustees.
      • 16. Abolition of heriditary trustees.
      • 17. Procedure for making appointments of trustees and their term.
      • 18. Qualifications of Trusteeship.
      • 19. Disqualifications for trusteeship.
      • 20. Chairman of the Board of Trustees.
      • 21.
      • 22. Vacancy in the office of trustee and filling of such vacancy.
      • 23. Powers of the trustee.
      • 24. Duties of the trustees.
      • 25. Fixation of dittam.
      • 26. Power of trustee of charitable or religious institution over trustee of specific endowment.
      • 27. Acts of trustees or Board of Trustees not to be invalidated by informality, vacancy etc.
      • 28. Suspension, removal or dismissal of trustee.
      • 29. Appointment and duties of Executive Officer.
      • 30. Appointment of Engineering staff.
      • 31. Appointment of Engineers, Architects and Silpis for each subdivision.
      • 32. Appointment of Subordinate Officers.
      • 33. Constitution of Endowment services for different officers or classes of officers.
      • 34. Abolition of hereditary rights in Mirasidars, Archakas and other office holders and servants.
      • 35. Appointment of office holders and servants, etc.
      • 36. Qualifications for Archaka.
      • 37. Punishment of office holders and servants.
      • 38. Power of Commissioner, Deputy Commissioner or Assistant Commissioner to punish officeholders etc., in certain cases.
      • 39. Transfer of office holders and servants.
      • 40. Office holders and servants not to be in possession of jewels etc., except under conditions.
      • 41. Power of Executive Officer not to implement resolution of the trustee or the Board of Trustees in certain cases.
      • 42. Overriding effect of the provisions of this chapter over the existing corresponding provisions.
      • 43. Registration of Charitable and Religious Institutions and Endowments.
      • 44. Power of Commissioner to have the institution or endowment registered.
      • 45. Application in regard to entry or omission to make an entry in register.
      • 46. Extract from the register maintained under Section 43 to be furnished.
      • 47. Definition.
      • 48. Certain sections of Chapter III not to apply to maths or specific endowments attached thereto.
      • 49. Fixation of dittam.
      • 50. Padakanukas and other gifts.
      • 51. Removal of Mathadhipathi.
      • 52. Filling of temporary vacancies in the office of the mathadhipathi.
      • 53. Filling of permanent vacancies in the office of mathadhipathi.
      • 54. Nomination of mathadhipathi.
      • 55. Power of Commissioner to frame schemes.
      • 56. Dharmadayam.
      • 57. Budget of charitable or religious institution or endowment.
      • 58. Accounts and audit.
      • 59. Authority to whom audit report is to be submitted.
      • 60. Contents of audit report.
      • 61. Rectification of defects in audit, etc.
      • 62. Rectification of defects detected by Commissioner.
      • 63. Agency to audit accounts.
      • 64. Duty of trustee to give all assistance and facilities to auditors.
      • 65. Liability of institution or endowment or Dharmadayam to pay annul contribution and audit fees.
      • 65A. Archakas, other office holders and servants' salary and other emoluments fund.
      • 66. Assessment of contribution on the trustee.
      • 67. Liability of institution or endowment to pay costs etc.
      • 68. Payment of contribution costs, charges and expenses.
      • 69. Establishment of Endowments Administration Fund.
      • 70. Common Good Fund.
      • 71. Vesting of Common Good Fund.
      • 72. Utilisation of Surplus Funds.
      • 73. Determination and application of properties and funds of defunct institution or endowment.
      • 74. Appropriation of endowments.
      • 75. Lease, sale of inams to be void in certain cases.
      • 76. Prohibition of transfer of lands granted for rendering service to a religious or charitable institution or endowment.
      • 77. Resumption of Inam Lands.
      • 78. Appeal.
      • 79. Prohibition of purchase of immovable property in certain cases.
      • 80. Alienation of immovable property.
      • 81. Invalidation of unauthorised sale.
      • 82.
      • 83. Encroachments by persons on land or building belonging to charitable or religious institution or endowment and the eviction of encroachers.
      • 84. Mode of eviction on failure of removal of the encroachments as directed by the Endowments Tribunal.
      • 85.
      • 86. Penalty for offences in connection with encroachment.
      • 87. Power of Endowments Tribunal to decide certain disputes and matters.
      • 88. Right of appeal against the decision of the Endowments Tribunal under Section 87.
      • 89. Compromise how to be made.
      • 90. Appeal in certain cases.
      • 91. Revision.
      • 92. Power of the Commissioner to call for records and pass orders.
      • 93. Power of Government to call for records and pass orders.
      • 94. Review.
      • 95. Application of the Act to Tirumala Tirupathi Devasthanams.
      • 96. Constitution of Board of Trustees.
      • 97. Powers and functions of the Board.
      • 97A. Constitution of Committee.
      • 97B. Powers and functions of Committee.
      • 98. Qualifications and disqualifications for Chairman and members of Board or Committee.
      • 99. Term of office of Chairman and Members of the Board or Committee.
      • 100. Chairman and members not to receive or be paid salary or other remuneration.
      • 101. Resignation.
      • 102. Cessation of office members.
      • 103. Suspension or removal of Chairman or member.
      • 104. Casual vacancy in the office of the Chairman or member.
      • 105. Dissolution and reconstitution of Board or Committee.
      • 106. Appointment of Executive Officer, Joint Executive Officer, Special Grade Deputy Executive Officer and Financial Advisor and Chief Accounts Officer etc.
      • 107. Qualifications for appointment of Executive Officer, Joint Executive Officer, Special Grade Executive Officer, Financial Advisor and Chief Accounts Officer etc.
      • 108. Term of appointment of Executive Officer and Joint Executive Officer.
      • 109. Powers and functions of Officers appointed under Section 106.
      • 110. Extraordinary powers of the Executive Officer.
      • 111. Funds of the Tirumala Tirupathi Devasthanams.
      • 112. Establishment of Hindu Dharma Prachara Parishad.
      • 113. Establishment of Sri Venkateswara Sishtacharya Vidya Samstha.
      • 114. Civic Administration of Tirumala Hills Area.
      • 115. Powers of Government to take over or transfer, control and management of educational institutions belonging to Tirumala Tirupathi Devasthanams to the Government or any authority.
      • 116. Budget.
      • 117. Accounts and Audit.
      • 118. Encroachments.
      • 119. Enquiries.
      • 120. Appeals.
      • 121. Revision.
      • 122. Review.
      • 123. Right of preemption.
      • 124. Oath of Office.
      • 125. Administration Report.
      • 126. Meeting of the Board or Committee.
      • 127. Acts of the Board or Committee not to be invalidated by informality, vacancy etc.
      • 128. Committee to be in possession of institutions and properties.
      • 129. Suits and legal proceedings by or against Tirumala Tirupathi Devasthanams.
      • 130. Cost of Proceedings etc.
      • 131. Annual Inspection.
      • 132. Power of the Commissioner to transfer proceedings etc.
      • 133. Duty of trustees, etc., to handover charge to successor and procedure for recovery of possession of institution, etc., in case of default.
      • 134. Trustee not to lend or borrow money without sanction.
      • 135. Dissolution of the Board of Trustees.
      • 136. Costs of proceedings etc.
      • 137. Appointment of specified authority by Government incertain cases.
      • 138. Public Officers to furnish copies of or extracts from certain documents.
      • 139. Power to enter and inspect.
      • 140. Bequest under will for benefit of charitable or religious institution or endowment.
      • 141. Court fee to be paid as specified in the Third Schedule of Act VII of 1956.
      • 142. Savings.
      • 143. Property of charitable or religious institution or endowment not to vest under the law of limitation after commencement of this Act.
      • 144. Abolition of shares in Hundi and other rusums.
      • 145. Adoption or amalgamation of institutions and Endowments.
      • 146. Constitution of Renovation Committee and its liability.
      • 147. Imposing of fines and execution.
      • 148. Recovery of contributions etc., as arrears of land revenue.
      • 149. Procedure and powers at enquiries under this Act.
      • 150. Notifications, orders etc., under the Act not to bequestioned in Courts of law.
      • 151. Bar of Jurisdiction.
      • 152. Constitution of Andhra Pradesh Dharmika Parishad.
      • 153. Power to make rules.
      • 154. Exemptions.
      • 155. Repeals and Savings.
      • 156. Certain enactments cease to apply to charitable andreligious institutions.
      • 157. Trustees etc., to be public servants.
      • 158. Validation.
      • 159. Power to remove difficulties.
      • 160. Overriding effect of the Act.
      • 161. Archakas and other employees welfare fund.
      • 162. Constitution of Endowments Tribunal.
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      • 2. Definitions.
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      • 2. In these rules unless the context otherwise requires.
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      • 3. In these Rules, unless the context otherwise requires.
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      • 13. Other Office holders and servants.
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      • 17. Age.
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      • 2. Income to be collected on due dates.
      • 3. Responsibility of the trustee or the Executive Officer.
      • 4. Trustee or executive officer to grant receipts for all items of income.
      • 5. Issue of temporary receipts.
      • 6. Signature or thumb impression of persons to whom receipt is issued to be obtained.
      • 7. Accounting collections without delay.
      • 8. Only trustee or executive officer to give a valid discharge of claim.
      • 9. No expenditure without Budget Sanction.
      • 10. Expenditure to be incurred according to dittam and Budget.
      • 11. Claim indisputably payable.
      • 12. Bill to be signed by persons making claim against the institution.
      • 13. Responsibility of persons making disbursements without sanction of Executive Officer.
      • 14. Receipt to be obtained for all payments.
      • 15. All purchases shall be supported by bill or certificates.
      • 16. Arrear Claims.
      • 18. Authority to write off irrecoverable loans, etc.
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      • 2. Definitions.
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      • 3. The lending or borrowing of money on behalf of the institution referred to in Rule 1 shall be subject to the following conditions, namely.
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      • 2. Definitions.
      • 3. Constitution of Renovation committee.
      • 4. Committee to be a Body Corporate.
      • 5. Term of office of the Committee.
      • 6. Termination of appointment.
      • 7. Functions of the Committee.
      • 8. Functions of the Chairman.
      • 9. Collection of donations.
      • 10. Receipt Books.
      • 11. Mode of collection.
      • 12. Accounts.
      • 13. Joint Account.
      • 14. Deposits.
      • 15. Meetings.
      • 16. Procedure in case of disputes.
      • 17. Resolutions to be communicated to the Commissioner etc.
      • 18. Mode of execution of works.
      • 19. Audit.
      • 20. Complaints and suggestions of the members of the Committee.
      • 21. Issue of directions by the Government etc.
      • 22. Powers of the Committee and Chairman.
      • 1. Short title.
      • 2. Form of application and presentation thereof.
      • 3. Copies to accompany the application.
      • 4. Deed of alienation, if any, to accompany the application.
      • 5. Procedure to be followed by the Revenue Divisional Officer.
      • 6. Service and publication of notice of application.
      • 7. Procedure at Inquiry.
      • 8. Publication of order of Resumption.
      • 9. Application for execution of order granting Ryotwari patta.
      • 10. Manner of execution of order granting Ryotwari Patta.
      • 11. Time for presentation of appeals.
      • 12. Procedure in appeal.
      • 1. Short title.
      • 2. Constitution.
      • 3. Method of Appointment
      • 4. Reservation of Appointment.
      • 5. Qualifications.
      • 6. Age.
      • 7. Minimum Service.
      • 8. Probation.
      • 9. Training.
      • 10. Tests.
      • 11. Unit of Appointment.
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      • 2. Definitions.
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      • 1. Short Title.
      • 2. Budget Sanction.
      • 3. Demand notice to remit the amount.
      • 4. Acknowledgement.
      • 5. Responsibility for prompt remittance.
      • 6. Preparation of Balance sheet.
      • 1.
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      • 3. quorum for the special meeting shall be.
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      • 7.

Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Alienation of Immovable Property Rules, 1987

Last Updated 18th October, 2019 [ap133]

In exercise of the powers conferred by Section 80 read with Sec.153 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act No.30 of 1987) the Governor of Andhra Pradesh hereby makes the following rules as the same having been previously published as required by sub- section (1) of Section 153 of the said Act.

1. Short title. - These rules may be called the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Alienation of Immovable Property Rules, 1987.

2. (1) Notice of any sale, exchange or mortgage of any immovable property belonging to or given or endowed for the purpose of any charitable or religious institution or endowment shall contain the following particulars namely:-

(a) nature of the proposed transaction.

(b) correct description of the property relating to the proposed transaction with information regarding the survey number, extent and boundaries and ward number and door number also, in the case of property within the limits of municipality, or any local body;

(c) the revenue assessed on the property relating to the proposed transaction by way of land revenue, cess, quit-rent ground rent, property tax, and the like;

(d) any encumbrances to which the property relating to the proposed transaction is subject to;

(e) in the case of mortgage, the amount for which the property is proposed to be mortgaged;

(f) in the case of sale, the price that is expected for the property on the basis of the actual price prevailing in the locality after making due enquiries.

(2) The notice shall specify a reasonable time, not being less than thirty days from the date of the issue of the notice, within which objection and suggestions may be sent It shall also specify the date on which an inquiry, if any, is proposed to be held to consider the said objections and suggestions. A copy of the notice shall either be served in person, or sent by registered post with acknowledgment due to the trustee or trustees of the religious or charitable institution or endowment concerned, and where the property belongs to a specific endowment, such notice shall also be sent to the trustee or trustees of the religious or,charitable institution or endowment or math to which the specific endowment is attached. Refusal or evasion to receive the notice shall be deemed to be sufficient notice.

3. A copy of notice shall be published in the Andhra Pradesh Gazette, and also in the following manner.

(i) by affixture on the notice board of the Office of the Commissioner, Regional Joint Commissioner, the Deputy Commissioner or Assistant Commissioner, as the case may be, having jurisdiction over the area in which the math or the charitable or religious institution or endowment concerned is situate;

(ii) by affixture on the notice board or the front door of the math, charitable or religious institution or endowment concerned;

(iii) by affixture on the notice board of the Municipal Office of the Gram Panchayat Office and in some other public places in the village in which the math or religious or charitable institution or endowment concerned is situate;

(iv) by publication in the daily newspaper in the language of the locality where the math or charitable or religious institution or endowment concerned and village in or villages in which the property concerned is situate and such publication shall be deemed to be sufficient intimation to persons having interest:

Provided that the Commissioner may dispense with the publication in the daily newspapers in cases where the cost of the publication will not be commensurate with the value of the transaction.

Provided further that the Commissioner shall have power with due regard to the financial condition of the institution to order recovery of the cost of publication from the funds of the institution concerned.

4. (1) A copy of the order according permission for any sale, exchange or mortgage, in addition to being communicated to the trustee or trustees and persons having interest, if any, who appeared in the proceedings shall also be published in the manner laid down in Rule 3 as in the case of publication of notification of notice.

(2) The publication of the order in the manner laid down in sub- rule (1) shall be deemed to be sufficient intimation to the persons having interest.

5. If any transaction of sale, exchange or mortgage for which sanction has been accorded by the Commissioner in accordance with the provisions of Section 80, the sale or exchange or mortgage shall not be effected until the expiry of the time for preferring an appeal, provided in sub-section (5) of Section 80, and where such appeal has actually been preferred, the sale or exchange or mortgage shall be effected only after the appeal is disposed of.

6. Every sale of any immovable property permitted by the Commissioner under clause (b) of sub-section (1) of Section 80 shall be effected by tender-cum-publication by the Executive Officer of the institution or where there is no Executive Officer, by the Chairman of the Board of Trustees in the presence of the Assistant Commissioner, in whose jurisdiction the property is situate where the probable value of the sale does not exceed Rupees one lakh and where the probable value exceeds Rupees one lakh such sale shall be conducted in the presence of the Deputy Commissioner, in whose jurisdiction the property is situate. Sale of immovable property situated outside the State, shall be conducted in the presence of such officer authorised by the Commissioner in this behalf.

Provided that where the actual bid amount secured at the auction exceeds rupees one lakh in the presence of the Assistant Commissioner, it shall not be deemed to be invalid.

7. The Executive Officer or the Chairman of the Board of trustees shall invite sealed tenders for the purchase price of the property specifying the particulars prescribed in Rule 2. Fifteen days notice prior to the date of sale shall be given for submitting the sealed tenders and such tender shall be opened after the completion of the auction. The highest price offered in the tenders or auction, as the case may be, shall be taken into consideration for the purpose of finalising the highest bid obtained in the tender-cum-public auction. The up-set price at the auction shall be fixed taking into consideration the value as per the basic value register or the valuation certificate given by the Mandal Revenue Officer.

8. The publication of tender notice shall be in accordance with clauses (ii) to (v) of Rule 3.

9. The Executive Officer or the Chairman of the Board of Trustees, as the case may be, shall before conducting the sale, cause publication of the notice thereof in the manner provided in Rule 3 of these rules.

10. Where the sale is not conducted by public auction for want of bidders or due to any other reason, it shall be conducted on such date as may be decided upon the trustee/Executive Officer after following the procedure laid down in these rules for publication of notice, securing the presence of the Departmental Officer and also after obtaining the approval of the Commissioner as to the sale conditions.

Provided that the Commissioner while approving the sale conditions may order for the publication of notice under Rules 2 and 3 notwithstanding the earlier publication of such notice, if the considers the re-publication is in the interest of the institution or endowment.

11. The sale shall be conducted in a conspicuous place in the locality where the property is situate.

[Provided that the Government, may if it is satisfied that in case the holding of auction at a place other than the one in which the properties proposed to be sold are situated will not be detrimental to secure a proper bid or it will be held to secure a better bid or to prevent local collusion among the bidders, permit such auction other than the place where the property is situated.]

12. The Executive Officer or the trustees shall, before the auction is conducted, specify the conditions of sale after getting the same approved by the Commissioner.

13. No representation for stopping or postponing the sale shall be entertained at the time of auction unless a stay order from the Commissioner or the Government, as the case may be, has been obtained for stoppage or postponement of sale. Objections received, if any, at the time of auction shall be forwarded to the Commissioner along with the sale papers for confirmation by the Commissioner for orders.

14. The Commissioner within three months, from the date of sale shall either confirm or refuse the same and such confirmation or refusal shall be communicated to the Executive Officer or the Trustee concerned.

15. The expenses for registration of sale, exchange or mortgage shall be borne entirely by the person or persons in whose favour the sale, exchange or mortgage is effected.

16. Immediately after the transaction of the sale is effected shall be the duty of,the Executive Officer or the Chairman of the Trust Board to invest the amount covered by sale proceeds in the interest yielding deposits in such forms or bank or Treasury keeping in view the provisions of Income Tax Act and as per the rules in force and the said investment shall be sent to the Regional Joint Commissioner for safe custody after making necessary entries in the register of investments.

17. The Departmental Officer who supervises the sale in public auction shall be ensured and satisfy himself about the investment of the sale proceeds as per rules immediately after the transaction is effected and he shall report to the Regional Joint Commissioner and Commissioner.

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