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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.
      • 1. Short title.
      • 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.
      • 1. Short title.
      • 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.
      • 2.
      • 3. quorum for the special meeting shall be.
      • 4.
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      • 7.

Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Money Lending or Borrowing Rules, 1987

Last Updated 4th November, 2019 [ap241]

In exercise of the powers conferred by sub-section (1) of Section 153 read with Section 134 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 under Sec.134, 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 Money Lending or Borrowing Rules, 1987.

2. Any moneys belonging to a charitable or religious institution or endowment may be invested:

(a) in loans or promissory notes to needy but solvent religious and charitable institutions;

(b) in loans floated by the State ortral Government or Undertakings or public utility guaranteed by the State ortral Government.

(c) in loans to Public Sector Undertakings and Statutory Corporations, such loans being guaranteed by the State Government;

(d) in promissory notes, debentures, stock or other securities of the State ortral Government;

(e) in stock or debentures or shares in companies, the interest wherein shall have been guaranteed by thetral or State Government;

(f) in fixed deposits in a Nationalised or Scheduled Bank as defined in the Reserve Bank of India Act, 1934.

(g) in the Post Office savings Bank;

(h) in National Savings Certificates;

(i) in Units issued by the Unit Trust of India; and

(j) Housing Development Corporation Limited.

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. - (i) the Trustee or the Executive Officer or such other person who is in charge of the administration of the charitable or religious institution or endowment may, with the prior sanction of the competent authority in writing, lend moneys to another institution or endowment or borrow moneys from another institution, endowment or individuals:

Provided that borrowing moneys from individuals can be resorted to only in exceptional cases when other avenues have failed and lending to individuals is prohibited.

(ii) every application seeking sanction to borrow or permission to lend moneys shall be made to the competent authority and shall contain the following particulars namely. -

(a) necessity and urgency for raising a loan lending money;

(b) amount of loan required proposed to be lent;

(c) from whom it is proposed to borrow to whom it is proposed to lend;

(d) financial position of the charitable or religious institution or endowment on the date of application;

(e) period by which loan would be repaid recovered;

(f) number of instalments and the amount of each instalment;

(g) probable income and anticipated expenditure during the intervening period; and

(h) purpose for which the loan is sought for.

(iii) When the amount is sought to be borrowed from the trustee or an employee of the charitable or religious institution or endowment or from any other individual, his consent in writing to lend the required money shall also be sent;

(iv) the competent authority shall, before according sanction to a charitable or religious institution to lend or borrow money,satisfy himself as to its capacity to lend or borrow;

(v) the competent authority shall specify the time by which the loan shall be repaid, stipulate the number of instalments, if necessary, and fix the rate of interest, if any, payable on the loan:

Provided that, in the case of lending or borrowing of moneys between charitable or religious institution, the competent authority may waive the recovery of interest either in whole or in part:

(vi) in all cases of lending or borrowing of moneys promissory notes shall be executed on behalf of or in favour of the trustee or the Executive Officer of the concerned institution.

[4. The competent authority to sanction the lending and borrowing of moneys shall be:-

(a) The Deputy Commissioner to a limit of Rs. 15,000/-(Rupees fifteen thousand only) in respect of the institutions published under clause (c) of Section 6 of the Act.

(b) The Regional Joint Commissioners to a limit of Rs. 25,000/- (Rupees twenty five thousand only) in respect of institutions published under clause (b) and (c) of Section 6 of the Act.

(c) The Additional Commissioner to a limit of Rs. 50,000/- (Rupees fifty thousand only) in respect of all the institutions including Mutts.

(d) The Commissioner up to a limit of Rs. 1,00,000/- (Rupees one lakh only) in respect of all the institutions.

(e) The Government if the amounts of loan exceeds Rs. 1,00,000/- (Rupees one lakh only)

Provided that, in respect of the sanction of loan to any of the State Under-takings referred to in sub-rule (b) or the investments under sub-rule (e) of Rule 2, the prior permission of the Government shall be obtained. Provided further that in addition to the powers assigned to the Regional Joint Commissioners, the following powers are also assigned to them in the interest of speedy and better administration of the Charitable & Hindu religious Institutions and Endowments.

(a) The Regional Joint Commissioner should be held responsible for proper collection of contribution due to Common Good Fund by the Executive Authorities of Institutions and Endowments and they shall be competent to exercise the power of review on DCB of Common Good Fund monthly and submit the periodical report to the Commissioner.

(b) Inspection of all the Institutions and Endowments published under clause (a) of Section 6 of the Endowments Act, 1987 excepting the Institutions and Endowments where the Executive Officers are in the cadre of Regional Joint Commissioner, Deputy Commissioner.]

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