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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.
      • 1. Short title.
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      • 16.
      • 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.
      • 1. Short title.
      • 2. Definitions.
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      • 2. In these rules unless the context otherwise requires.
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      • 8.
      • 1. Short title.
      • 2.
      • 3. In these Rules, unless the context otherwise requires.
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      • 13. Other Office holders and servants.
      • 14.
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      • 17. Age.
      • 18.
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      • 7.
      • 1.
      • 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.
      • 1. Short title.
      • 2. Definitions.
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      • 2. Definitions.
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      • 1. Short title.
      • 2.
      • 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.
      • 4.
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      • 7.
      • 1. Short title.
      • 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.
      • 1. Short title.
      • 2.
      • 3.
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      • 8.
      • 1. Short title.
      • 2. Definitions.
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      • 9.
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      • 11.
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      • 13.
      • 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.
      • 2.
      • 3. quorum for the special meeting shall be.
      • 4.
      • 5.
      • 6.
      • 7.

Andhra Pradesh Chairtable and Hindu Religious Institutions and Endowments (Removal of Encroachments) Rules, 1987

Last Updated 28th May, 2019 [ap136]

In exercise of the powers conferred by sub-sections (3), (4) and (6) of Section 83 read with Section 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 Chairtable and Hindu Religious Institutions and Endowments (Removal of Encroachments) Rules, 1987.

2. In these rules unless the context otherwise requires:-

(a) "Act" means the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987.

(b) "Form" means a section of the Act.

(c) "Section" means a section of the Act.

3. Form and Service of Notice to Encroacher. - (1) The notice referred to in sub-section (2) of Section 83 of the Act to be issued by the Deputy Commissioner, shall be in Form-I and shall be served on the encroacher by Registered Post with acknowledgment due.

(2) In case of refusal or evasion to receive the notice sent for service in the manner specified in such-rule (1) the notice shall be affixed on the front door or any other conspicuous place of the residence of the encroacher; if he has changed his residence, the notice shall be sent to such changed address, if it is known, or a copy of the notice shall be affixed on the front door or other conspicuous place of his last known residence. Such affixture shall be deemed to be sufficient notice to the encroacher concerned.

4. Enquiries. - The provisions of rules made under Section 149 of the Act shall apply to the conduct of enquiry under sub-section (4) of Section 84 of the Act and the provisions of the Code of Civil Procedure, 1908 shall apply, as far a practicable to appearance of pleaders and to affidavits, production of documents, examination of witnesses, taking of oral evidence, proof of affidavit, filing of exhibits, issue of commissions, return of documents not admitted in evidence and other connected matters.

5. Every order of the Deputy Commissioner regarding the removal of encroachments shall be in Form -11 and shall be sent to the encroacher by registered post acknowledgment due .A copy of the order shall be published on the notice board or at any conspicuous place of the endowment or institution to which the property belongs.

6. (1) The amount ordered by the Deputy Commissioner under subsection (6)of Section 83, payable by the encroacher towards use and occupation shall be deposited by the encroacher or any person on his behalf in the Savings Bank account standing on the name of the concerned institution or endowment ,and proof of deposit thereof shall be produced before the Deputy Commissioner .

(2) The amount ordered to be deposited in the first instance at the tine of issue of first notice shall not be less than the amount of rent that may be fetched in ordinary course for a period of six months and thereafter the amount of rent that may be fetched in ordinary course for a month or such enhanced amount shall be ordered to be deposited every month in advance on the dates specified by the Deputy Commissioner .

(3) The Deputy Commissioner while passing orders under sub-section (4) of Section 83 shall decide and order for the disposal of the amount deposited together with the interest thereon.

Appendix 1

Form-1

(See Rule 2)

Notice under sub-section (2) of Section 83 of the Act ........................ (Village) ...........................(Mandal) .......................... District .....................

Whereas there is reason to believe that you ................... ................. have encroached upon ........................................................ (here enter name of the property) belonging to the ......................................... ....................... (the name of the institution or Endowment) the particulars of which are given in detail in the Schedule below:

Whereas you are called upon to show cause before ....................................... why an order requiring you to remove the encroachment should be made.

Now, therefore, take notice that if you have any cause shown why the said encroachment should not be removed, you should appear in person or by counsel duly instructed with proof, in this office on the .................. day of ................... 19 ......... when the aforesaid matter will be heard and disposed of failing which the matter will be heard and disposed of ex-parte and that it will be presumed that your consent to the removal of the said encroachment is duly given.

Given under my hand and the seal this ...................................... day of .................... 19 .....................

Deputy Commissioner.

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