 arrangement of clauses chapter i prmnmfary clauses1 short title, extent and commencement 2: definitions and interpretation 3 application of act to hindu public religious enciowmants  chapter iiauthorities 4 enumeration of authorities 5 appointment of commissioner 6 tenure of office and conditions of service ot commissioner, etc, and casual vacancies ~ 7 general powers and functions of commissioner s central religious endowments council 9 functions of the council 10 religious endowments tribunal 11 functions of the tribunal 12 appointment of assessors l3 procedure of tribunal  chapter iii registration of hindu public religious endowments14 register of hindu public religious endowments 15 application for registration of religious endowments l6 inquiries for registration 17 en try in register 18 amendment of register - 766 (b) ls-l ~lausi:sl9 special provisions with respect to religious endowments registered under any other law jo furnishini copies of extracts from register  21 civil courts not to e~tertain suit on behalf of an unregistered religious endowment  chapter iv administration and management of hindu public religious endowments22 appointment and succession to office of trustee 23 hindu succession act, 1956 not to apply to succession to ojftce of trustee 24 disqualifications for trusteeship 25 removal of trustee 26 disputes relating to office of trustee to be decided by tribunal 27 power of c<;>mmissioner to suspend trustee pending order of the tribunal 28 trustee to deliver possession of property 29 administration and management of hindu public religious endowment to vest in trustee 30 preparation and maintenance of register of hindu public religious endowments 31 power of commissioner in cases of mismanagement 32 budget of religious endowments 33 obligatory ex:penditure of hindu publi~ religious endowments 34 discretionary expenditure of hindu public religious endowments  35 power of com,missioner to make alterations or modifications in budget 36 utilization of accumulated surplus funds of hindu public religious endowments for the discretionary purposes 37 power of commissioner to settle schemes for proper administration of hindu public religious endowments 38 application of property cy pres 39 investment of endowment money clauses 40 alienation of immovable property 41 atchana or pu;a by unqualified priests not to be allowed in hindu public religious endowments 42 unqualified hereditary priests to be required to appoint qualified deputies to perform atcoona and pu;a 43 state governments to set up schools for training of priests 44 contributions by hindu public religious endowments towards expenses of schools or institutions 45 priests not to have any proprietary right to any offerings and jewels, etc 46 code of conduct for priests 47 scale of fees to be paid by worshippers and visitors 48 salaries and other conditions of service of atchakas and pu;a-tis 49 licensing of pandas 50 other provisions relating to pandas 5l common good fund' 52 accounts of padakanikas 53 maintenance of accounts 54 audit of accounts 55 inspection and returns 56 observance of appropriate forms and ceremonies by commissioner and others in certain cases 57 determination of question as to whether a temple is a hindu public religious en~owment or not or of question as to custom, usage, etc 58 contributions 59 trustee to carry out directions of commissioner and to furnish returns, statistics and accounts  chapi'er v appeal and reference60 appeals to tribunal 61 finality of orders and decisions 82 reference of cases to tribunal by commissioner  clauses63 procedure and powers at inquiries 64 offences and penalties 65 jurisdiction of civil courts barred 66 notice of certain suits to be given to the commissioner ' 67 protection of action taken in good faith 68 execution of orders of the commissioner 69 commissioner, etc, to be public servants 70 application of act to endowments governed by special enactments 71 power to make rules 72 power to remove difftculties 73 cesser of application of corresponding laws and savings  billto provid~ for the better supervision and mote effective' administra-tion of hindu public religious endowments cmd for matters connected therewith -  ·c bb it edaaed by parliament in the sixteenth year of the republic of india as follows:- chapter i preliminarys 1 (1) this act may be called the hindu religious endow- short title, ments ad, 1965 extent and com-(z) it extends to the whole of india except the state of jammu menceand kashmir ment (3) this section shall come into force at once, sections 8 to 13 shall come into force on such date as the central government may, by notification in the official gazette, appoint; and the rest of this act shall come into force in a state on such date as the state government may, by notification in the official gazette, appoint and 5 different dates may be appointed by the state government for different provisions thereof  z (1) in this act, unless the context otherwise requires,-de1lnitionsand interpretation (a) "commencement of this act", in relation to any provision of this act, means the date of the coming into force of that 10 provision; (b) "commissioner" means the commissioner of hindu religious endowments appointed wliiler sub-section (1) of section 5 and includes a deputy commissioner and an assistant commissioner appointed under sub-section (2) of that section is while exercising the powers and discharging the functions of the commissioner in accordance with the provisions of that subsection; (c) "council" means the central religious endowments council constituted under section 8; 20 (d) "manager" in relation to a religious endowment means a person who either alone or in association with any other person administers, manages or otherwise deals with the endow-' ment; (e) "math" means a hindu religious institution with pro- 2s perties attached thereto and presided over by a person, the succession to whose office is regulated by rules of succession laid down by the founder or by practices, usages or customs of the math relating to such succession and-(i) whose principal duty is to engage himself in the 10  --} teaching and propagation of hindu religion ~ and philosophy and the teachings and philosophy of the denomination, sect or sampradaya to which the math belongs and in imparting religious instruction and training and rendering spiritual service to a body of disciples; or 35 (ii) who exercises or claims to exercise headship over a body of disciples, and includes any place or places of religious worship, instruction or training which are appurtenant thereto; <f') i'person interested" means,-(i) in the case of a math, the founder of the math 01' any descendant of such founder or a disciple of the math or a person belonging to the denomination, sect or s sampradaya to which the math belongs; (ii) in the case of a temple, the founder of the temple or any descendant of such founder or any person who is entitled to attend or is in the habit of attending the performance of worship or service in the temple or who is entitled 10 to partake or is in the habit of partaking in the benefit of the distribution of gifts and offerings thereat; (iii) in the case of a specific endowment, a person who is entitled to attend, or is in the habit of attending, the performance of the specific service or charity for which the is specific endowment has been created or who is entitled to partake, or is in the habit of partaking, in the betlefit of such service or charity; and includes the trustee of a math or temple; 20 (g) "prescribed" means prescribed by rules made under this act; (h) "priest" includes a shebait· by whatever name~alled (where such shebait performs or conducts any archana, puja or ritual), an archaka, a pujari and a panda; 2s (i) "public temple" means any place by whatever designation known (whether or not the image of any deity or images of deities is or are installed and consecrated therein), which is used, whether-(i) by virtue of any dedication to or for the benefit of the hindu community or any section thereof, or j:;  , (ii) by virtue of any practice, usage, custom or_ qtherwise, by the members of the said community or section as a place of public religious worship, prayer or other religious service; expzanation-a temple which is located and maintained in 3' a private dwelling house shall be deemed to be a public temple if-(a) the members of the hindu community or any section thereof have, by virtue of any practice, usage, custom 01' otherwise, unrestricted access thereto for the pui'pose of religious worship, prayer or other religious serviee, and (b) gifts and offerings are received by the trustees or priests of the temple from such members at the time of or in connection with such worship, prayer or other religious s service or on the occasion of any utb4v« or festival or the like; (j) "religious endowment" or "endowment" means a math or a public temple and all property belonging to or given or , endowed for the support of such math or temple, or given or 10 endowed for the performance of any service or charity of a public nature connected therewith and includes the premises thereof but does not 'include any gifts of property or any offerings made as personal gifts to a trustee, priest, service-holder or other employee of such math or temple; is - (k) "specific endowment" means any property or money endowed for the performance of any specific service or charity in a math or temple; (0 "tribunal" means the religious endowments tribunal constituted under section 10; 20 (m) "trustee" means any person whether known as mathadhipati, mohant, dharmakarta or shebait or by any othel' name, in whom either alone or in association with any other person, the administration and management of a religious endowment or specific endowment are vested and includes a manager 2s (2) unless the subject or context otherwise requires, in this act-(a) any reference to the word "hindu" shall be construed as including a reference to the word "buddhist"; and ('b) any reference io a·"religious endowmen~ "endowment", 30 "math" or "temple" shall be construed as including a reference to a buddhist reli~ous endowment, endowment, 'math or , , temple 3 this act applies to all' hindu public religious that is to say, to all maths and all public temples endowments, 35 appuc:a~ tion of act to hindu public religious endowmenta  chapter u atmlorl'l'ds" for i~etter supervision and more effective administration of enumen hindu public religious endowments, there shall be the following tion of 5 authorities charged with such powers and functions as are respec-~~thotively conferred on them by or under this act, namely: _ ei (a) the commissioner; (b) the central religious endowments councll; (c) the religious endowments tribunal; 10 (d) such other authority or authorities as the state government may, by notification in the oftlcial gazette, appoint to aid and advise the commissioner in the exercise of his powers and the discharge of his functions 5 (1) the state government shall, by notification in the ofbdal appoint is gazette, appoint a person to be the commissioner of hindu ment of religious endowments for exercising the powers and discharging stcoididii-- oner the functions conferred on him by or under this act (2) the state government may, by like notification, appoint as many deputy commissioners and assiatant commissioners as it 20 thinks fit, and every such deputy commissioner or assistant commissioner shall, subject to the general superintendence and control of the commissioner, exercise such of the powers and discharge such of the functions of the commissioner and within such local limits as the commfsstoj1m' may, by ,eneral or apec:lal order, j~ speejt:9'  "':'!" - - '---''t9''p' (3) a person shall not b qualtfted for appointment as commta-cltoder unle81 h  " (a) has for at least ten yean held a judictal otftce in the territory of india; or (b) has for it least ten years been an advoeate of a high court or of two or more high courts in succession (4) a person shall not be quali1ied for appointment as a deputy commissioner or an assistant commimioner unlesa he-35 (a) has for at least seven years held a judiclal omc:e in the territory of india; ar , (15) ,ls-& ~ (b) has for at least seven years been an advocate of a high court or of two or more high courts in succession 6 (1) the tenure of office of the commissioner, a deputy commissioner and an assistant commissioner, their salaries and allowances and other conditions of service shall be such as may be s prescribed tenure of q,t!ice arid conditions of service of commisaioner, etc, and cuual vacanciel (2) any vacancy in the office of the commissioner, a deputy commissioner or an assistant commissioner occurring by reason of death, resignation, removal or otherwise shall be filled in accordance with the rules made under this act 10 general powers and functions of commilliioner 7 (1) subject to the provisions of this act, the commissioner may do all such acts and things as are in his opinion reasonable or neces,sary to ensure that all hindu public religious endowments within the local limits of his jurisdiction are properly administered and managed and the income thereof is duly appropriat~ and is applied to the objects for which such endowments were founded or for which they exist, so far as such objects can be ascertained (2) without prejudice to the generality of the provisions of subsection (1), the commissioner shall also exercise all the powers and discharge au the functions specificelly conferred on him by or under 20 ' this act or by or under any other law for the time being in force 8 (1) the central government shall, by notification in the official gezette, constitute for the purposes of this act a council to be known as the central religious endowments council central religious endow:' ments council (2) the council shall consist of-2s (a) such number of members not exceeding, fifteen as the central government play think fit, to be nominated by that government from among persons who are in its opinion capable : ,-of tepreseni"ing:":,,,:-·· ' " " , ' " ,  '  , "  • ',~ (i) the central government; 30  -' (ii) the union territory administrations;     (iii) ,the sadhus and sanyasis;  ~ -:" (iv) the hindu public religious endowments; and-(~l ~uch ~ther in~erests_ whicp in the op~~ion of the c~ntral: qov~~ment ought to be r,epresented on, 't~~_co~ncu; 35  (b) one, representative of e~ch state 90vernment to be dojdinated by that government (3) the chmmali owhe council ahall be ~ppointed by the central government from among the members nominated under clause (4) of sub-section (2): (4) the chairman and other members of the council shall te-, , ceive such remuneration, if any, and shall be governed by such con~ ditions of service, as the central government may determine: (5) all expenses incurred in connection with the council shail be defrayed out of the contributions referred to in section 58 in ac-~rdance with such directions as may be issued by the, central gov-10 ernment in this behalf (6) any vacancy o~~r~ing in the council shall be filled as'loon as may be by nomination as provided in sub-section (2) (7) the council shall have power-(4) to regulate its procedure and conduct of business; and 15 (b) to constitute committees and sub-committees, if any, of its members and to delegate to each of them such of its functiona as it thinks fit (8) the council shall have power to act notwithstanding any vacancy therein 20 9, the council shall cuacharge such functions, as m~ be confer- functioftl red on it by or under this act of the council 10 (1) the central government shall, by notification in the reli,ioul official gazette, constitute a tribunal to be known as the religious endow-endowments tribunal tm~nbts 1 tl una (2) the tribunal shall consist of such number of members as 25 the central government may think fit, to be appointed by that government after consultation with the council (3) a person shall not 'be qualified for appointment as a member of the tribunal unless he is a hindu and-(4) has been, or is, or is qualified to be, a judge of a high court; or (b) having held office for at least ten years under the government, has, in the opiilion of the central government, adequate knowledge of, and experience in, matters of administration and finance; or  35 (c) has, in the opinion of th~ central goveriunent, sp~ial knowledge of hindu scriptures, philosophy, :reliiion and reu-lioua practicl!s and experience ot the working and administration of·1tindu public religious endowments (4) the central government shall appoint a member of the tribunal having the qualification specified in clause (4) of 1ub-aeetion (3) to be the chairman of the tribunal , (5) the chairman and other members of the tribunal shall receive such r~uneration and shall be governed by such conditions of service as the central government may determine: provided that the remuneration of the chairman or any other member shall not be varied to his disadvantage after his appoint- 10 ment (6) the central government shall make available to the tribunal such staff as may be necessary for the discharge of its functions under this act i (7) all expenses incurred in connection with the tribunal shall is be defrayed out of the contributions referred to in section 58 in accordance with such directions as may ibe issued by the central government in this behalf ll the tribunal shall discharge such adjudicating and other functions as may be conferred on it by or under this act 20 functiona of the tribunal appointmantof  ors 12 (1) 'hie tribunal may in ns diecretion diacharge any of itl - functions under this act with the aid of such number of assellors as it may think ~t and for this purpose shall, after consultation with the council, prepare and maintain a list of assessors (2) every assessor shan be a person fit rand suitable to give ad- 25 vice to the tribunal on matters which come up before the tribunal for consideration : , procedure 13 (1) the functions of the tribunal may be discharged by of benches constituted by the chairman of the tribunal from amodl tribunal the members thereof 30 (2) eve1 such bench shall consist of three members possessing , respectively the qualifications specified in clause (4), clause (b), and clause (c) of sub-section (3) of section 10 (3) if during the course of any proceedings any member ot the tribunal is for any reason unable to discharge his functions or 35 relinquishes his membership of the tribunal, the central government may appoint another member in his 'place in accordance with the provisions of this act and upon his joining the tribunal the 1'1"oceedinp shall be continued as if he had been on the 'tribunal %rom me commencement of the proceedings (4) in the case of difterence of opinion among the members of a hencil, the opmion of the majority shall prevail and orders of $ 'the bench shall be expressed in terms of the views of the majority (5) decisions and orders of a bench of the tribunal shall be deemed to be the deci3ions and orders of the tribunal itself (6) subject to the provisions of this act, the tribunal ahall have power to regulate its own procedure and the proceaure of 10 benches thereof in all matters arlsmg out of the discharge of its functlons, including the places at which the benches shall hold their sittings and while discharging any adjudicating functions, shall follow the princlples of natural justice as of 1980 (7) the tribunal shall, for 'the purpose of discharging its tunc~ is tions, have all the powers which are vest~d in the commissioner by sub-section (2) of section 63; end any proceeding before the tribunal shall ibe deemed to be a judicial proceeding within the mearung of sections 193 and 228 of the indian penal code and for the purpose of section 196 of that code and the tribunal shall be :zo deemed to be a civil court for the purposes of section 195 and chapter xxxv of the code of criminal procedure, 1898  - of 18d8  chapter nl rl:mstration of hindu public beligious endowmbn'rs14 the commissioner shall lilgintain a register' of all hindu relister as public religious endowments in the state in such form and contain- of hindu ing such particulars as may be prescribed ' public relilioui endow ' mentl 15 (1) the trustee of every hindu public religious endowment a licashall make an application to the commissioner for the registration tior: for of the endowment relijtra-:  lion of o (2) such application shall be made in such form and manner re1ijioui 3 and accompanied by such fee, not exceeding fifty rupees, as may endow be prescribed and shall, as far as may be, contain the following mentl particulars, namely:-(a) the name 'or designation by which the religious endowment is or shall be known; (b) the name and address of the trustee an~ the manager; (c) the mode of succession to the otbce of trustee; (d) the movable and immovable properties pe~ng to the endowment and a description thereof bumcient for their identification; (e) the approximate value of the movable and the immovable properties of the endowment; s  (f) in the case of a religious endowment existing ~t 'the commencement of this act, a statement of the gross income annually received and of the expeilse3 annually incurred in connection with the religious endowment, during the period of three years immediately preceding such co'mmencement; 10 (g) in the case of a religious endowment created after auc:h commencement, an estilnate of the gross income which ilikely to be received, and of the expenses which are likely to 'be incurred, annually, in connection with the religious endowment, during the period of three years immediately following the date i, of the creation of the endowment; (h)' such other particulars as may be prescrilbed (3) every application shall be accompanied by a copy of the  endowment deed or if no such deed bas been executed or a copy thereof cannot be obtained, the application shall contain full parti- 20 ;: culars as far as they; are known to the applicant, of the origin, nature and object of the endowment (4) every application soo11 be signed and verified by the applicant in the manner provided in the code of civil procedure, 1908 5 of 1908 for the signing and verification of pleadings i 2s (5) the commissioner may require the applicant to supply such further particulars or such information relating to the endowment a3 the commissioner may deem necessary  (6) every applicl8tion for registration shall be made- i(4) in the case of a religious endow~ent exis~ing at the 30 commencement of this act, within six months l\ext following such commencement, and   (b) in the case of a religious endowment created after such commencement, within six months next following the date of the creation of the endowment 3~ uiries ui (1) on the receipt of an application under section 15, the commissioner shall in the prescribed manner make luch inquiries as he thinks fit in jrespect of the application and the correctness of the p!orticulars th~rein mentioned and may, in additi~, ~,in  1pqui,qr in respect of' all or any of the following matters, namely:-(4) whether there is an endowment and whether such, endowment is a hindu public religious endowment; (b) whether any j)roperty is the property of such religiou!i endowment;  ,  (c) whether the whole or any substantial portion of the endowed property is situated within the local limits of hij judisdiction; 10 (d) the origin, nature and object of such endowment; (e) the gross average annual income and expenditure of e;uch endowment; (1) any other m·atter which may be prescribed (2) if on an application made to him by a person interested in a is religious endowment or otherwise, the commissioner has real:lon to believe that there is a religious endowment which should be r~gistered under this act, he may make such inquiries as he think:; fit in respect of the· matters specified in sub-6ection (2) of aection 15 and sub-section (1) of this section; but no inquiry shall 'be mad~  20 without giving the trustee a reasonable opportunity of being heard (3) on the completion of an inquiry under this section, tho commi'ssioner shall record his findings with the reasons therefor ill respect of the illiltters inquired intc and make an order in relation to the religious endowment 25 17 wht!re an order ·for registration of a religious endowment entry in is made under section 16, the commissioner shall cause the entrfe~ register i~ respect thereof to be made in the register (maintained by hlm  ~!lc!,er ,s,~~ion ,l~), i~ a,ccorciance with the f\n~gs'~~c9rded under , , sub-section - (3) of section '16  ' ~ _ ~: '-::, ~ , ':: ,  : ~ , ~ :,' ,: ,: '~ 30'· ", 11 : ~1~ -:~ere:' ~y'ch,~nge ,occm:s in '~y ~f :t~' ~~ntrie9 ~~~ 111 ame~  :,·, the reg:tster maintamed under section 14, the trustee' shall, ·within me~t of , nmety 'days froin the date of such change, send by· past  a -report t~ re,~~  : ,~ the commissioner in the 'prescribed fonn giving notice of the ~se ' 35, ,<?) on ,~he r~ei~t' of a report under sulb,:"sectio~ (1) or ,otherwise,  the commissioner m~y hold an inquiry for ascertaining whether any change has occurred in any of the entries recorded in the j'estster in relation to the religious endowment (3) if the commissioner, after holding such inquiry, is stiifled that a change has occurred in any of the entries made-in the relflter, he may make an order to that effect and shall cause the relevant entry in the register to be amended accordingly 19 (1) where any 'hindu public religious endowment has been $ registered in a state before the commencement of this act under any other law with respect to religious endowments in force in that state, the religious endowment shall, as from such commencement, be deemed to have been registered under this act (2) the commissioner shall issue a notice hr-pest to the trustee 10 of such endowment for the purpose of making the entries relating thereto in the register maintained under section 14 special provisions with respectto religious endowments registered under any other law (3) the trustee of such religious endowment shall, as far u may be, supply to the commissioner the particulars referred to in iection 15 within three months from the date of the receipt of the 1$ notice referred to in sub-section (2)  (4) the commissioner may, after such inquiries as he thinks fit, record his findings with reasons therefor in respect of the matters specified in sub-section (2) of section 15 and sumection (1, of section 16 and make an order in relation to the endowment and 20 the provisions of sections 16 and 17 shall, as far ajf may be, apply to such order furnish-zo (1) the commissioner may, on application made to him in ing copies this behalf, furnish to the applicant copies of any extracts from of extracts the register maint~ed under section 14 on payment of such fee 25 fro~ ter not exceeding one rupee for every one hundred words or fractional regls  part thereof required to be copied, as may be prescribed and subject to such conditions, if any, as may be determined by the con\-missioner (2) such' copies may be certified in the manner provided in 50 uc:tioil 76 of the indian evidence aet, 1872 - , 1 at 11'11 civu : courts zl (1) no civil court sball entertain a suit for the enforee1l\ct of a right on behalf of a hindu public religious endowment unless such endowment has been, or is deemed to be, registered udder this act ! not to 'i entertain ,: suit on :~:  + behalf ~ ot an (2) the provisions of sub-section (1) shall also apply to a ela1m of set-oft or other proceeding to enforce a right on behalf of a hindu public religious endowment which has not been, or is not deemed to be, reptered under tbis act ~f unregia-,  ~~  tered  t   ' reuaioul i·; endow-:'~ment  chapter iv administration and management of hindu public religious endowmentsd (1) the appointment and succession to the office of a trustee appoill'-5 of a hindu public religious endowment shall be regulated by the met iidd rules, practices, usages or customs of the religious endowment with iucceiiiod respect to such appointment or succession to dee of truitae (2) neither the head of a hindu pufblic religious endowment nor  any other trustee thereof shall h4y" the power to alter, amend, 10 modify or rescind any such rules, practices, usages or customs ex-· cept with the permission in writing of the tribunal 23 for the removal of doubts, it is hereby declared that the pro- ~u so of 1956 visions of the hindu succession act, 1956, shall dot apply to and in ~~~ relation to the succession to the ofbce of a trustee of a hindu public dot to ' 15 religious endowment apply to auecftllcm toofbceof trujtee 24 a person shall be disqualified for being appointed, or succeed- dilqualiing, to the office of a trustee of a hindu public religious endowment- ftcat1ans (a) if he is of unsound mind 'and stands so declared by a!:t_ competent 'court; ihip ~ (b) if he suffers from any such physical disease or detect as renders him unfit or incapable to pe:rform the duties of his office; (c) where a trustee is, by ruies, practices, usages or cus-toms of the endowment, prohibited from marrying, if he has 2s married; (d) if he lives an immoral, vicious or scandalous ute; 30  u011860 (e) if he has been convictcl of any offence involving moral turpitude; (f) notwith~tanding anything" contained in the caste disabilities removnl act, 1850, i,t he doe; not belong to the denomination; sect or sampradaya to which the religious endowment belongs 25 a trustee may be removed from his oftice on the ground that removal he is, or has become, subject to any of the disqualifications men- ot tnut  3~ tioned in section 24 or on the ground- (a) that he has neglected or failed to d;liicharge the functions of his oftlce; or  til (b) lb-i(b) that the affairi of the it!1igioub endowment have not been properly managed or have been mismanaged; or (c) that he is luilty of misappropriation of any endowment property je (1) in any of the following cases, that is to say,-5 (a) when there is any dispute as to the disqualtftcltion of a perlon for being appointed or succeeding to the omee ot a trustee on any of the grounds speci1led in section 24 or n to the removal of a trustee under section 35; or (i» when the person entitled to succeed to the 'ollce bf fo trustee is a minor and has no auardian fit and wtlltn,to ad  iubh or when there 11 - dispute al to the person who is erltltled tb 'lct as guardian; or (c) when the trustee entitled to nominate his succe8lor in omee is unable or unfit to do so by reason of his removal froid 15 omee or otherwise; or (d) when there is no person eligible· to become a trustee; or (e) when there is a dispute as to the right of any perlon to act 81, or to succeed to the omee of, a trustee 20 al! -eaeihah be referred to the tribunal for deetmon (2) every case under sub-section (1) shall be stated in tbe form of 8ft application which shall be presented to the tribunal or such ailcer thereof as it may appoint in this behalf (3) every such applicationa, (a) shall contain a concise statement of the eirc:wnatancel and materials upon which the person making the application relies in support of his allegation, (b) shall be signed and verified in the manner laid down in the code of civil procedure, 1908, lor the bienature and veri- lo ij at rtoa ftcation of a plaint in a suit (4) the tribunal may, after issuing notice in the prelcl'ibed manner to every person who appears to it to be interhteci in the endowment and holding sucb inquiry as it thinka fit, make iuch order in the case (including an order appolntm, a fit penon to be 35 the trustee of the endowment or to discharp the functiolll of a tl'\lltee or to be the guardian of a mlaor trustee) ai it dmmi at; provided that in appointing a person to the oftlce of a truatee or tp dischar,e the functions of a trustee or to be the guardian of ~aminor trustee, the tribunal shall select a person of the denomination, sect or b4mpraday4 to which the endowment belongs s %7 (1) pending the order of the trtbunal under 5ub-aection (4) powerof 10 of section 26, the commissioner may-comm1a- lonerto (4) suspend from office on any of the grounds speci1led suspenc1 in section 24 or section 25, the trustee of a religio~ endow- trustee luent if in the opinion of the commission  such' ~od is pendid, immediately necessary in the interests of the endowment·, and order  oltha (b) appoint a fit person to discharge the functions of the tribunal trustee during the period of such suspension (2) the commjssion~r shall, as soon 88 possible, report to the tri'bunal any action taken by him under sub-section (1) is 28 where a trustee has been removed from his osee by an tl'\iitee order of the tribunal under section 26 or suspended from his oftice to 4e1lver by an order of the commissioner under section 2:1, the tribttnal or, poutod as the case may be, the commissioner shall direct the trustee 10 of ~-i removed or suspended to deliver possession of the endowment pro- pe y 20 perty to the person who has succeeded to the oftice of the trustee by virtue of the order of the tribunal or who has been appointed~y the tribunal or the commissioner to discharge the functions of the trus tee  ~ tilt 29 subject to the provisions of this act, the administration add admln' s -3s management of every hindu public religious endowment shall be ~tion vested in the trustee thereof and the trustee shall be responsible mana,alor the proper and efficient discharge of his functions in relation ment of to the affairs, religious and secular, of the religious endowment hindu public reulioua endowmentto vestln tzwtee 30 (1) the trustee of every hinciu public religious ~e~t prepare-30 shall prepare and maint~n a register in such form as the cqiil- tion and missioner may direct, showingmaintedf -anc80 (4) the origin and history of the hindu public re~g1ous repter endowment and the names of past and present trustees and of hindu particulars as to the rules, practices, usages or customs regard- pubuc ing the succession to the office of trusteej reudot!oul 3' en w-(b) the particulars relating to the administration and mentl d,wlagement of the endowment and the scale of expenduure incurred in connection therewith; {c) the names of all oflices to which any salary, emolument or perquisite is attached and the nature, time and' conditions of service in each case; (d) the jewels, gold, silver, precious stones, vessel3 and , utensils and other movables belonging to the endowment with their weights and ~timated values; (,) the particulars of all immovable properties belongina to the endowment and of all title deeds and other documents relating thereto; u) the particulars of the idols and other images of the 10 endowment, whe<ther intended for worship or for being carried in processions or for any other purpose;  (g) the particulars of ancient or historical records relatina to the· endowment with their contents in brief; and (h) such other particulars as may be required by the com- 's missioner (2) the register shall be verified and signed by the trustee of the religious endowment concerned or by his authorised agent and  submitted by him to the commissioner within three mentha from the commencement of this act or, as the case may be, from the date of the creation of the religious endowment or within such  further period as may be allowed by the co~ioner 20 (3) the commissioner may, after receiving the register, direct the trustee to make such additions, alterations or omissions in the register as the commissioner may deem fit 25 (4) 'rhe trustee shall carry out the orders of the commissioner and then submit three copies of the register as corrected to the commissioner for approval   (5)  one copy of the register as approved by the commjssioner shall be furnished to the trustee ·(6) the trustee or his authorised agent shall scrutinise the en- 30 tries in the register every year and submit to the commissioner for his approval'a signed and verified statement showing the additiona, alterations or omissions required in the register and' tlie provisions' of sub-section (3), sub-section (4) and sub-section (5) shali apply  in relation to such statement as they apply in relation to the s re~ter 3 3l  '(l)"where em' receipt 01 iny report of the auditor &a power 01 respect of any hindu public religious endowment or on an commiaapp~cation  made in this behali i:?y two or more persons interested sioner il! iii the endowment or otha-wise, the commissioner has reason to cases of : believe that the affatrs of the enciow·ment are 'being mismanaged mismanaor that the trustee is neglecting or failing to discharge his functions gemenl in  relation to the endowment in a proper and e1bcient m8llder the commissioner may, after issuing notice in the prescribed manner to the trustee and to such other persons as may appear to the com-10 missioner to be interested in the endowment, hold an inquiry into the matter in such manner as may be prescribed     ~ is (2) if, after'holding ~ inquiry und~ su~section (l), tile com-dussioner: ~ satisfied~· ' '        (4)· that the affairs of the religious endowment are being mismanaged or that the trustee is neglecting or falling to discharge the functions of his office, or (b) that the trustee is guilty of misappropriation of any endowment property,  the commissioner may, without prejudice to any other action 20 that may be taken against the trustee under any of the foregoing provisions of this act, make an order giving directions to the ~rustee for the proper and efficient admjnjstration and management of the endowment or for the discharge of the functions of his office, or directing the trustee to pay to the endowment such amount not 2s exceeding the amount of loss caused to the endowment as the commissioner thinks fit 32 the trustee o! every hindu public religious endowment shall budget of prepare before the close of every financial year in such form and religious within such time as may be prescribed, a budget of the estimated endow-30 income and expenditure of such endowment for the next financial mentl year and shall forthwith send a copy thereof to the commissioner: provided that nothing in this sub-section shall apply to a rell- gious e'lldowmenf having an annual income of less than one thou- sand rupees , t 3s 33 the trustee of a hindu public religious endowment shall, obligatory while preparing the budget in accordance with section 32, make expendiprovision for the following objects, namely: -~~~ (4) the due maintenance of the objects of the institution public and the pr0t'er perfonnance of the services therein in confor- ~:~~;~ mity with the rules, practices, usages or custodl$ of the endow- mentl ment; (b) the payment of th ularj uad allow duf to the trustee, priest and other servants of the en40~e"t; (c) the adequate training of priests, a4hu, 14nllasi8, adhyapok43, vedapat4114nika and reciters of holy texts; (d) the repayment of loa118 binding on the' endowment,s the repair, renovation or sterulion of the buildings of the endowment, and the contributions required t& be made in pursuance of the provisions of section 44 and ~tion 58; (e) the maintenance of working balance m the trustee of a hindu public religioua ~t djy,io after making adequate provision for the objects specifted in sec· tioft 33, make provision in the buaget of the enaowment for all or any of the !following objects, namely:-dia:re· uonary expenc:u ture ot hindu public: reuaioub endowment • (4) the arrangements providing amenities to l ,adhul, sanyarib, disciples, worshippers, d8y'ekees, pilgrims and other is visitors, that is to say, clean accommodation, good water supply, ughting, sanitation and aupply of wholesome food wbaa:e the custom of n aivedllam or bhag obtaida;  (b) the grant of aid to any other religious endowment in needy circumstances, of the same denomination, aeet er 20 iclmpnulaycl; (c) the provision and ,maintenance of llower ,ardeos itod gorhalas; (d) the propagation of the tenets of the religious endowment and the fundamentals of hindu dharma common to all zs denominations, sects or iclmpradallu; (e) the publication of 4g4m41 and the history of eyej'y endowment; -~ (i> the provision of libraries with nugious and pbuoaophical 'works and publication of religious hterature and malddg 30 the same available to the members of the public either free of cost or at a cheap price; (g) the provision ~or religious discou·rses; (h) the grant of scholarships and stipends to hindu students studying in educational institutions where such stwients under- 3s take, in addition to their normal studies, the ·study of ,hindu reu-gion and philosophy and offer themselves to be examined as reprcls their progress 111 sueb studies; (t) the promottod of temple arehlteeture, sculpture and be , ard; (j) the establishment and maintenance of institutions where secular u well u rel1iloua eclucation is imparted; (1c) the tabliahmeot and maintenance of colleges or idatituuoaa tor the·study of hindu, religion, philosophy, ved4 or the shastras or contributions thereto; (1) the establishment and maintenance of orphana,es for hindu ehildren; 10 (m) the establishment and maintenance of-asylums for persons su1!ering from leprosy or any other serious disease; (m)tbe eatabltshment and main~ance of poor homes for destitute, helpless and physically disabled persons; and _, ---, (0) the tabltshment and maintenance at hospitals anel dials pensarhta for the bedeftt of soc:uwa, llulflaii, discipl_, worshippers, devotees, pilgrims and other' visitor 35 (1) the commissioner may, after gividg notice to the trustee powwet in the prescrlbed manner and after considering his l'epn!sentatftm, if ~~  any, make such alterations or modfftcatiom in the budget as the com-  ~o missioner thinks ftt ; alteration or modi-(2) nothing contained in bulb-section (1) shall be deemed to fteatlodi authorise the commissioner to restrict or prohibit the observance in bud,et of any religious pli&ctice or the performance of any act in pursuance of any religious belief or to alter or modify any budget in a manner a$ or to an extent idcouistent with the provisions of this act or with the wishes of the founder ot the endowment so tar as such wishes can be ascertained 38 (1) with the previous sanction of the 'commissioner and sub- utilizatlon ~ to 8uclil conditions end restrictions as may be prescribed, the of acewn-30 trustee -of a hindu ,public relupdus endowment may approprtate any mula1ted , ~~ portion 'of the accwnulated surplua of such endowment for any of funds of the p1ilrpoh8- specified in section 34 hindu (2) before giving aanction under su1hection (1), the com- ~::ui missioner shall publish the particulars relating to the proposal of the endow-35 trustee in such m"anner as 'may be prescribed, invite objections and menta tor suggestions with respect thereto and consider all the objections and the dilcre-  tionary sqggestlou receivecl pul'poml" (t) the 'lanetion mtwaid iiml11 'be 'publlbhed in "1ueh madm!r '1 may 'be 'prwserw ' 31 (1) where on an application made in this behalf by two or more persons interested in a hindu public religious endowment or otherwise, the commissioner is of the opinion that in the interest of the proper administration and management of the endowment, a s scheme should be settled for it, the commissioner may, after issuing notice in the prescribed manner to the trustee of the endowment and to such other persons as may appear to the commissioner to be interested therein, hold an inquiry, into the matter in the prescribed manner and if, after such inquiry, the commissioner is satisfied that it 10 is necessary or desirable so to do, he may, by order, settle ~ scheme for the proper administration of the religious endowment reulioui ments (2) the commissioner may also, in like manner and subject to 1ike conditions, modify any scheme settled under this section or under any other law or substitute another scheme in its stead (3) no scheme settled, modified or substituted under this section; 5 shall be contrary to the wishes of the founder of the religious endowment so far as such wishes cad be ascertained or to the religion to which such endowment belongs 38 (1) where from any application made to him by two or more persons interested in a hindu public religious endowment or a sped- 20 fic endowment or otherwise, it appears to the commissioner that,- application at 1woperty ~ pres(a) the original objects, in whole or in part, of the endowment or specific endowment-(i) have been fulfilled as far as may be; or (ii) either cannot be carried out at all or cannot be 25 carried out accordin~ to the directions and wishes of the founder or according to the spirit of the endowment or sped;'·; ftc endowment; or  ~- (b) the original objects provide a use for part unly of the property or income of the endowment or speciftc endowment; ot" 30 ;;  ' (c) the property and income of the endowment or speciftcendowment and any other property applicable to objects similar' to the original objects of the endowment or tbe specific endowment can be more effectively used in conjunction and to that end can suitably be made appli~ble to common objects regard beim~ !u bad to the directions and wisbes of the founder or the spirit nf the endowment or the specific endowment; or (d) the original objects were laid down by reference to an area, nr a class of persons which has for any reason ceased to 'be iuttable, reprd being had to the direetiona and wishes of tjul 40 founder or the spfrlt of the endowment ot' the ~fte endowme:nt  or to be practical fn admfnfater1nl the endowment or the sp  fic endowment; or (e) the original objects, in whole or in part, have, since they were laid down,-s (i) been adequately provided for by other means; or (ii) ceased as being useless or harmful to public order, morality or health, to be in law reugious or charitable objects; or  (iii) ceased in any other way to provide a suitable and 10 effective method of using the property and income of the endowment or specific enc1gwment, regard being had to the directions and wishes of the founder and the spirit of the endowment or the specific endowment, the commissioner may, after issuing notice in the prescribed manner 1'$ to the trustees of the endowment and to such other persons as may appear to him to be interested therein, hold an inquiry into the matter and if after such inquiry the commissioner is satisfied that it is necessary so to do, he may, by order direct that the property and income of the endowment or the sdecific endowment or so much 20 thereof as he deems fit shall be applied subject to such conditiodr, if any, as may be specified in the order, to anv other objects which shall be similar, or as nearly as practicable, similar to the orhrlnal obiectb or if in the opirrion of the commlssiotrer it is not possible to determine which other objects are similar or as nearlv 9s p,actirable rimi-2, lar; to the original objects, to anyone or more of the objects specifted in sec1:loii' 34 (2) in making an order under this section in relation to an endowment or specific endowment, the commissioner sh~l1 have, as far as may be, due reg~rd to the directions and wishes of the foundpr or 30 the spirit of the endowment or specific endowment and also to the wishes of the trustees and persons interested in the endowment or specific endowment and no order shall be made directing the application of the property or income of the endowment or specific endowment to any purpose other than a purpose which is recognised by 3s hindu religion or by the denomination, sect or sampradaya thereof to which the endowment or specific endowment belongs, as a religious, pious or charitable purpose 31 (1) where the whole or any portion of the property of a invest:-hindu public religious endowment or of a specific endowment con- ment of 40 sists of money which cannot be applied immediately or at an early end~w­date to the objects to which such money can be applied under this :7 act or where there is a surplus in the funds of a hindu public reu- gious endowment or of a specific endowment after m~eting all lawful expenditure in connection therewith, the trustee shall, except 766 (b)ls-4 u otherwise prcu1ded in this act, invest, subject to the directiodl, if any, contained in the deed of endowment, such money or surplus ·in the following securities and no others, namely:-(4) securities of the central government or a state government; ! s (b) stocks, shares or debentures of companies, the interest or dividend on which has been· guaranteed by ~he central government or any state government; (c) debentures or other securities for money issued by or on behalf of any local authority or corporation in exercise of the 10 powers conferred by any central act or any provincial or state act: - "i ;"1 :  "  :;-: -'-:' ~- provided that the commissioner may, by general or special order, permit the trustee to invest the money or the surplus in any other manner consistent with'the endowment deed and the objects to which is such money or surplus may be applied under this act (2) nothing in sub-section (1) shall affect any investment made before the commencement of this act alienation if immovable , property 40 (1) no transfer by a trustee llf any property belonging to a hindu public religious endowment by way of sale, mortgage, ex- 20 change or gift or by way of lease, the term or in the case of a renewable lease, the aggregate term of which exceeds three years,  shall be valid unless it is made with the previous sanction of the commissioner:  provided that no such sanction shall be given unless the com- 25 missioner is of the opinion that the transfer is necessary in  the interests of the endowment (2) where any 'transfer of property is made in contravention of sub-section (1), the provisions of section 10 of the limibatiol'l act, 1963, shall apply notwithstanding that such transfer fs a transfer 30 38 of uta for valuable: consideration  ,~ \ archana 41 (1) no trustee of a hindu public religiou3end~wment shril, ::~~~y after the expiry of two years from the ,commeneement f thi:! aet, led priests allow any: pers~ to omciate as a prie~ unless sueh persoft po-ses-!lot to be ges, subject to such suitable modiftcations in view of local eonditions allowed, as may be· authorised by the commu!sioner, the fbllowlnl ljuaifft- 35  hindu 'cations namely: -"  _bile ' , ~01u ,-,-t (4) a worldnr knowled,e of sanskrit; (b) - good knowledge of the mantrcu, ligatlna and other relevant shaatrab, rituals and mode of worship sa required by ----- the tenets of denomination, sect or bampradaya concerned thereof; 5 (c) a knowledge of the sthazapurana and traditions of the endowment to which he is, or may be, attached; (d) proficiency in the regional language or languages 10 as to enable him to explain with facility the meaning and signiftcance' of the mantraa, archanas and pu;aa to worshipp~s, d~ 10 votees, pilgrims or other visitors; and (e) a good moral character and basic learning 10 as to inspire reverence in the worshippers, devotees, pugrims and other visitors (2) a trustee who contravenes the provisions of this section 15 slall be punishable with fine which may extend to five hundred rupees 42 (1) if any hereditary priest does not possess the quali1lcatiods unquau-specified in section 41, he shall appoint a deputy who possessea fled herethose qualifications far performing arcoona and pu;a and such de- dita1'7 20 puty shall perform 4rchana and pu;a until the hereditary priest or ~~ his descendant acquires the qualifications &0 specified ~uired-(2) in the matter of appointment of a deputy under this section to a:o:t prefe,rence should be given to a qualified person who has a heredi- :::uti:' tct tary right to perform archana or pu;a perform archana and puja 25 43 (1) in order to provide facilities to priests to acquire the qua- state lifications specified in section 41, the state government shall set up governin one or more important hindu religious centres within the state, mentl \0 schools or institutions for giving training to priests in the shutraa set up and agamas, archana and pujapaddhati and other rituftls in accord- lchooll ~ ance with the prescribed syllabus traininf ri ~_ 30 0 pel  (2) the syllabus referred to in sub-section (1) shall make provision 'for both elementary and advanc~d training '(3) the syllabus for elementary training may provide for-(a) a working knowledge of sanskrit; 35 (i)' a knowledge of the shastrtu 'lii1d agtimu, mci"trcii~ rituals and mode of worship of the respective denomination, beets or ampradaycii to which the priests belodi; (e) a knowledge of the sthalapur4t'14 and the traditions of the institution to which they 8il'e or may be attached; (d) a good working knowledge of the regional language or languages so as to enable them to explain with facility the meaning and significance of the m4fttras, 4rcmft4s and pu;as s to worshippers, devotees, pilgrims and other visitors (4) the syllabus for advanced training shall, in addition to the matters specified jn sub-section (3), provide for the study of selected shtutraa and the darshaftcj8 or philosophies of hinduism in general with particular emphasis on the tenets of the denommations, 10 sects or sampradayaa to which the priests belong (5) the school or institution shall, after the completion of the training, elementary and advanced, hold examinations and gnmt certificates to the successful candidates both in respect of elementary training and advanced training is (6) the school or institution shall also provide for courses of training for the priests who are already serving in hindu public religious 'endowments and the provisions of sub-sections (2) to (5) shall apply to the priests who join such cour3es of training (7) the school or institution may also provide for refresher 20 ~ courses for the priests holding certificates granted by it (8) the school or in3titution may also make provision for parttime training for such hindu students studying in secular schools or institutions as may volunteer for such training during their lijpare time : 25 (9) the school or institution may initiate and maintain a system of award of stipends to students who are undergoing training therein, preference being g!ven as far as possible to the students from the families of hereditary priests 44 every hindu public religious endowment  shall contribute ~ such percentage of its surplus funds not exceeding five per cent 30 thereof as may be specified in each case cr class of cases by the commissioner with the approval ~f the state government for the purpose of meeting the expenses of the school or institution referred to in section 43 and the expenses, if any, incurred in connection 35 with the payment of salaries and allow'lnces to the priests add such expenses shall be met from the contributions so received: c~dtribu­t10da by hindu public relilioui endowments towardj upenie8 ofachools orldltltutlou provided that no contributions made by any hindu public religious endowment belonging to any denomination, sect or bampr~ daya, shall be utilized for meeting the expenses of any school or institution of, or the expenses incurred in connection with the pay  s ment of salaries and allowances to pdests attached to and serving in, hindu public religious endowments belonging to a different de--nomination, sect or sgmpradaya 45 notwithstanding anything in any rules, practices, usages or prielu customs of a hindu public religious endowment, no priest attached not to 10 to or serving in such endowment shall, on and after the commence- have any ment of this act, have any proprietsl'y right to" any part of the propria  - ofterings made before the deity installed therein, nor shall he enjoy ::r:n right any right of custody of the jewels and other valuable articles be offer~,s longing to the epdowment: and jewels is provided that a priest shall have a proprietary right to any gift etc which is specifically made to him and not for the benefit of the en  dowment, by any worshipper, devotee, pilgrim or other visitor 46 the commissioner shall, after consultation with the council, code of prepare a code of conduct for the priests and different codes may conduct be prepared in relation to different classes or categories of priests for prieltts 20 47 (1) the state government, after consultation with the coun- scale ~ '\ cll, shill, by rules made in this behalf, specify a regulated scale of fees to be fees which may be paid to a priest by worshippers, devotees, pi!- paid by grims or other visitors at a temple for services connected with worshipabhishek, archa:n4, puja, utsava and the like ,p~rs, visitors s (2) the trustee of every hindu public religiqus endowment shall 2 publish the scale of fees so specified, in such manner' as mey be prescribed and also exhibit such scale of fees in one or more cousp!-cuous parts of the endowment (3) the trustee shall supply to every priest, printed receipt books (duly certified by the ~rustee) in such form 'fi may be pres-30 cribed and the priest shall grant receipts from such receipt books to the worshippers, devotees, pilgrims or other visitors for the amounts paid by them (4) the commissioner may, after givoing reasonable opportunity of being heard to a priest who obtains payment of fees at a rate 35 higher than the specified rates or who omits to grant receipts for the amounts paid to him, prohibit him either absolutely or for a limited period from officiating as a priest in any hindu public religious endowment in the state  pu;aria 48 (1) every 4tchajca or pu;ari attached to or serving in a huldu public religious endowment' shall receive such salary ang dearness and ather allowances as may be prescribed so, however, that the salary paid to an atch4'kcl or pujari shall in no case ,be less than rupees sixty per month and the dearness and other allowances paid to an atch4ka or a pu;ari shall not be less than those admissible to persons serving in connection with the aftairs of the state in the corresponding grades (2) wqere the income of a hindu public religious endowment i not sufficient' to meet the expenditure to be incurrm on account of 10 the salaries and allowances referred to in sub-eection (1), such salaries and allowances or any portion thereof may be paid out of the contributions referred to in section 44 (3) other conditions of service of cltchakcjb and pu;an attach-  ed to and serving in a hindu public religious endowment shall be specified by rules made by the state government in this behalf lis and such rules may provide for the following among other matters, namely:-(a) the pension and provident funds for atchaktu and ~~; , ~ (b) the punishment by way of fine, suspen~ion or removal rfrom office for misconduct or negligence of duty, disobedience to the directions of the trustee or other authorities concemegl with the administration and management of the endowment; (c) the appeal against any such punishment and the autho  rity to whom such appeal shall be preferred; 2~ (d) any other matter which is by the state government considered necessary for regulating the conditions of service of atchakas and pujari& (4) the trustee of every hindu public re!ig\ous endowment shall make endeavour to provide free residence tci every atchaka )0 or pujari attached to and serving in the endowment 49 (1) after the expiry of two years from the commencement x;cen= of this act, no trustee of a hindu pulblic religious endowment shall o po - allow any person to act, and no person shall act, as a panda unless such person-3s (a) possesses the qualifications specified under section 41 to perform any religious or other service for worshippers, devotees, pilarims or other visitors; and , " (b) has obtained, from the commissioner a mence granted in accordance with the provisions of this section and the rul~a made under this act (2) every person desiring to obtain, a licence referred to in :s sub-section (1)' shall make an application in writing to the commissioner in such form and manner as may be prescribed (3) on th~ receipt' 01 such application, the commissioner, after such inquiry, if any, as he considers necessary, shall, by order in writing, either grant or refuse to grant the licence 10 (4) where the commissioner refuses to grant a licence he shall ~rd a brief statement of the reasons for such refusal and furnish ·a copy thereof to the applicant (5) the fees on payment of which, the period for which, the conditions subject to which and the form in which a licence may is be granted shall, be such as'may be prescribed (6) the commissioner may, after giving the holder of a licence a reasonable opportunity of being heard, suspend or cancel the licence on the tfollowing, or anyone of the following grounds,  namely:-' ! ' ',  ~~ 20 (a) that there has been a breach of any of the conditions subject to which the licence has been granted; (b) that the holder of the licence has acted as a panda in contravention of the provisions of this act (7) whenever a licence is suspended or cancelled, the licensing 25 authority shall' record a brief statement of the reasons for such suspension or cancellation and furnish a copy thereof to the person whose licence has been suspended or cancelled (8) a licence granted under this section shall, unless cancelled earlier, continue in force for such period from the date on which it 30 is granted, as may be prescribed (9) every licence shall, urless the commissiollh for reasons to be recorded in writing otherwise decides in any ease, be renewable for the same period for which' the licence was originally " ~anted and shall be 'so renewable hoin time i to time and the fore-~ 's goin~' provisions of this section shall apply to the renewal 04 a ucenee as they apply ~o the grant thereof  so (1) the trustee of every, hindu public, religious endowment other proshall ~int~~ a ~gister in which the name ~d other prescribed visio?s particulars 'of every licensed panda shall be entered" " relatmg to ' -pandal (j) every licensed panda shall on demand show his hcence to  every worshipper, devotee, pilgrim or other visitor at a hindu public religious endowment (3) the state government shall', after consultation with the council and the commissioner, lay down the scale of maximum s and -minimum charges for the various services rendered by the pandas at the various hindu public religious endowments within the state and different scales of char:ges may be specifted for difterent hindu public religious endowments or lor different classes th 10 -ereof (4) the scale of charges specified under sub-section (3) for every hindu public religious endowment shall' be prominently displayed in one or more than one conspicuous place in that endowment (5) any panda who takes more than the maximum charges is from a worshipper, devotee, pilgrim or other visitor at the endowment or harasses in any way such worshipper, devotee, pilgrim or other visitor, -may be suspended or dismissed by the trustee from the service and the licence granted to such panda may also be cancelled :ao ~ 6) the trustees of hindu public religious endowments in important hindu religious centres shan encourage the pandas to organise themselves to act as qualified ~des to worshippers, devotees, pilgrims or other visitors who visit those endowments and shall make suitable arrangements for providing a short course :&, of training to the pandas for this purpose (7) a trustee who contravenes the provisions of this section shall be punishable with fine which may extend to two hundred ru·pees common gooe! rune!, 51 (1) it shall be lawful for the commissioner to create a 30 fmid to be called the hindu public religious endowmenta common good fund, hereinafter referred to as the fund, out of the contributions voluntarily made by the hindu public religious endowments within the state from their surplus funds or by any person, for the renovation and preservation of such endowments, 3' and the 'buildings and paintings requiring such renovation and preservation and for the promotion and propagation of the tenets common to all or any c~s of sucn endowments (2) the fund shall be administered by the conunfssioner in such manner as may be prescribed 52 (1) the trustee and the priest of every hindu public rell- account gious endowment shall keep accounts of p1'an4mis or padakaniklj8, of padathat is to say, any gift of prop'erty or money made to such trustee 7canijcaa or priest in his capacity as the head of the endowment or such 5 priest, in such form as may be prescribed expzanation-any gift of property or money made to a trustee or 'priest which is not sp~cally designated as a personal gift to such trustee or priest shall be deemed to have been made to him in his capacity as the head, or, as the case may be, the priest of the 10 endowment (2) the trustee or the priest shall be entitled to spend the p1'anamis or the padakanikas referred to in sub-section (1) in accordance with the rules, practices, usages or customs of the endowment concerned is (3) any pranami or padakanika which is not spent by the trustee or the priest during the tenure of his office in accordance with such rules, practices, usages or customs shall, after the termination of such tenure, form part of the property of the endowment 20 53 (1) the· trustee of every hindu public religious endowment maidtenshall keep accounts in such form and containing such particulars anee of as may be prescribed 11 accounts (2) the accounts kept under sub-section (1) shall be balanced in each financial year on the 31st day of march or such other date 2s as may be fixed by the commissioner in the case of any particular endowment having regard to the circumstances thereof (3) for the purpose of ensuring the proper keeping of accounts of any hindu public religious endowment, the trustee-(a) shall, where the annual income of the endowment is 30 ten thousand rupees or more, appoint, after consultation with the commissioner, a suitable person to be a full-time accountant of the endowment; and ) (b) may, in any other case, appoint, after such consultation, a suitable person to be a full-time or part-time accountant 54 (1) the accounts of every hindu public religious endowment audit of 3s (including the accounts of pranamis and padakanikas referred to in accounts section 52) having an annual income of not less than five thousand rupees shall be audited annually by an auditor to be appointed by the commissioner after consultation with the trustee, from among  , 40 such chartered accountants, within the meaning of the chartered 766 (b) ls-5 i\ccountants act, 1949, as ha~e been approved in this behau by the state government; and the accounts of every hindu public religious endow~ent having, all annual income of less than five thousand rupees, ~ut not less than one thousand rupees, shall be audited annually by such person as may b~ appointed by the commissioner $ after consultation with the trustee -(2) the auditor shall have access to the accounts, books, vouchers, documents, papers and other records relating to such endowment in the possession or control of the trustee and may, by written notice, require the attendance before him of any person responsible for the 10· preparation of the ~ccounts to enable the auditor to obtain such information as he may consider necessary for the proper conduct of the audit i ,~ • ,~_i~lr -  '_0 t::&: (3) within a month of the completion of the audit, the auditor shall prepare a report on the accounts audited and submit the same is to the commissioner and deliver a copy thereof to the trustee concerned (4) the auditor shall in his report specify all cases of irregular, improper or illegal expenditure or failure or omission to recover monies or other property belonging to the endowment or of loss 20 or waste of money or other property thereof and state whether such expenditure, failure, omission, loss or waste was caused in consequence of any breach of trust or misapplication of trust property or any other misconduct on the part of the trustee or any other person (5) the cost of the audit of accounts shall be borne by the state 2s government from out of the contributions referred to in section 58,' 55 (1) the commissioner, or any officer authorised by him by a general or special order, may-inspection and returns (a) enter into or upon and inspect any endowment property with such assistance as he may consider necessary; 30 (b) call for or inspect any books, papers, recards, correspondence, plans, accounts or ti~e-deeds relating to the- endowment in the possession or control of the trustee (2) if the commissioner or any officer· authorised -by him is resisted or obstructed in the exercise of his powers conferred on him 3s by sub-section (1), the magistrate having jurisdiction shall, on a written request from the commissioner or such authorised officer, direct any police officer not below the rank of sub-inspector, to render such help as may be necessary to enable the commissioner or such authorised officer to discharge the functions in exercise of such 40 power, (3) the commissioner or any officer authorised by him udtter sub-section (1) or the police officer referred to in sub-section (2)  - - shall, before entering into or upon any endowment property give reasonable notice to the trustee and shall have due regard to the s rules, ,practices, usages or customs of the endow_nent (4) nothing in this section shall be deemed to authorise any person to enter int9 or upon any part of the endowment property which is a place of worship or is the gar'bha-griha (sanctum anctorum) or is regarded as specially sacred unless such person professes 10 the religion to which the endowment belongs 56 the co~i~sioner and every other person exercising powers obs~rof superintendence and control under this act shall not interfere vance of  with, and shall, as far as may be, observe, the forms and ceremonies ar::opri- , appropriate to the religious endowment in respect of which powers :nd:= is are exercised and in the case of a religious endowment which is a monies by math, act in conformity with the rules, practices, usages or customs co~-of the math in his dealings with the head of the math aioner and, others in certain cases 57 if any question or dispute arises-determi-20 ( ) th i h· d ' bl' ii' nationot· a as to whe er a temp e is a in u pu lc re glous en- question ',: dowment or not; or as to (b) as to whether any matter is a matter of religion or any wtehethe1r '  t' i 1" t· tamp e practice is an essen la re iglous prac ice or no ; or is a hindu (c) as to any matter of basic importance in relation to the public administration and manabement of any hindu public religious religioui d h· h" th  f th c   es endowen owment, w lc in e opinion 0 e ommlssloner requlr m t ' en or adjudication or decision by the tribunal; or not or of , (d) as to any rule, practice, usage or custom of any hindu qumt!on public religious endowment; as toto cui m, such question or dispute snail be decided by the tribunal: usage, etc 30 provided that when urgent action is caiied for, the commissioner may decide such qu~tion or dispute and may in his discretion con- suit before deciding the question or dispute either the council or where consultation with the council is not practicable with reasonable despatch, such persons as he thinks fit, belonging to the denomi-3s nation, sect or samp1'adaya to which the religious endowmen~ belongs and possessing in his opinion adequate qusllifications makmg such persons fit for such consultation 58 (1) for purposes of defraying the expenses in connection with c:0ntributhe administration of this act the trustee of every hindu public re- tiona 40 ligious endowjll~qtr reptered' or deemed to be registered under this act, shall pay annually to the state government in such manner and _________ wi~~_~ch time as may be prescribed, such contributions by way of fees nof exceeding three per cent of its gross annqal income as the state government may determine (2) u any amount payable as contributions under sub-section (1) 5 is not paid within the time prescribed, it shall be recoverable as an arrear of land revenue 59 (1) the trustee of every hindu public religious ejldowment shall carry out all directions which may be issued to him by the commissioner under any of the provisions of this act 10 (2) the trustee of every such endowment shall, within such'-time or such extended time as may be fixed by the commissioner, furnish to the commissioner such returns statistics accounts or i , other information as the commissioner may require trustee toeait)'" out direc-- tions of commis_ sionerand tofumish returns, statistics and accounts  chapter v is| appeal    | and    ||-----------|--------|| -_        |        ||         |        || _-        |        || -        |        ||        |        || _-       |        || _---     |        || "         |        ||          |        || _         |        || •       |        || ~~"      |        ||          |       || appeals   |        || to        |        || tribunal |        |60 (1) save as otherwise provided in this act and unless the context otherwise requires, an appeal· shall lie tq the tribunal from every order of the commissioner made under this act within a -period of sixty days from the date of the making of such order 20 explanation-for the purposes of this section, the tribunal shall be deemed to be a court within the meaning· of section 5 of· the limitation act, 1963 38oflh3 a of 1808 (2) th'e provisions of the code of civil procedure, 1908, with respect to appeals from original decrees shall, as far as may be, apply 25 to and in relatibn to appeals to the tribunal from the orders of the commissioner under this section as if such orders were decrees passed by a court exercising original jurisdiction and the tribunal were a court authorised to hear appeals from the decisions of such courts ;,; under that code 30 finality of orders and decisions '81 the decision of the tribunal on appeal under this act and subject only to such decision, the order of the commissioner from which an appeal lies to the tribunal under this act shall be final and conclusive 62 (n if at any time it appears to the commissioner that a 35 question of fact or of law relating to any matter dealt with in this act has arisen or is likely to arise, which is of such a nature and of such public importance that it is necessary qr prop~ ~g gbtain 1;be reference f of cases to tribunal by commissioner decision of the tribunal thereon, the commissioner may either \ojf his own motion or on the application of any person interested in a ---------·-hindu public religious endowment draw up a statement on the question and refer such statement with his own opinion on the question s for the decision of the tribunal  (2) the tribunal after hearing the commissioner and the person on whose application the reference was made and any other person interested in any hindu public religious endowment who may desire to be heard, shall decide the question, so referred setting out the 10 grounds on which such decision is foulllded and a copy of the decision -~-'--;'-of the tribunal shall be transmitted to the commissioner who shall act, if necessary, according to such decision  chapter vi miscellaneous15 83 (1) every in9uiry made under this act shall be held, as near- procedure ly as may be, in accordance with the procedure applicable under the and 5 of 1908 code of civil procedure, 1908, to the trial of suits: poi w~rsl at nqwr ei provided that rules may be made under this act with respect to the procedure for an inquiry under this act in so far as the proao visions of the code of civil procedure, 1908, are not applicable to such procedure (2) the commissioner shall, for the purpose of making an inquiry under this act, have the same powers as are vested in a civil 5 of 1908 court under the code of civil procedure, 1908, when trying a suit in 25 respect of the following matters, namely:-(a) the summoning and enforcing of the attendance of any witness and examining him on oath; (b) the discovery and production of any document or other material object producible as evidence; 30 (c) the reception of evidence on aftldavits; (d) the requisitioning of any public record from any court or office; (e) the issuing of any commission for the examination of witnesses;  35 (f)  ny other matter which may be prescribed 64 (1) if any' person-o1fences and penalties (0) fails to apply for the registration of a hindu public religious endowment within the time specified in sub-section (6) of section 15; or (b) resis~ or obstructs the commissioner or any officer in 5 the exercise of his power under clause (0) or clause (b) of subsection (1) of section 55; or (c) furnishes or causes to be furnished to the commissioner any return, statistics, account or other information which is false and which he either knows or believes to be false or does not be- 10 lieve to be true, he shall be punishable with fine which may extend to one thousand rupees (2) no court shall take cognizance of an offence punishable under this act except upon a complaint in writing made either by the com- is missioner or by a deputy commissioner or an assistant commissioner specially authorised by the commissioner by writing in thi~ " behalf :," (3) no court inferior "to that of a presidency 'magistrate or'a magistrate of the first class shall try an offence punishable under 20 this act '  ' jurisdiction of civil courts barred 65 notwithstanding anything contained in any other la~ for tbe, " time being in force, no civil court shall entertain any suitor proc~-""" ing in so far as it relates to any question or matter'which the 'commissioner ~r the tribunal is i!mpoweted by this act to' de~ wi~ and los aecide: notice of certain suits to be given to tbecommissioner 68 (1)" in every suii or proceeding (except in ii sujt' instituted by a trustee for the recovery of the arrears of rents and proceedings, in execution of the decree passed in such suit) in respect of any hindu public religious endowment or property pertaining thereto or' in 30 respect of any specific endowment, whether instituted by a trusteear by any other person, the court shall send to the commissione:: by post a notice of the institution thereof (2) the commissioner may apply to the court in which any such suit or proceeding is pending, to be added as a party to the suit or 3s proceeding and shall thereupon be added as a party thereto (3) if the notice referred to in sub-section (1) -is not sent to the commissioner, the decree or order" passed or made in the suit or proceeding whether by the court of the first instance or 'by an appellate couri ,hall not be binding on the, commissioner, and shall,4o if the commissioner makes an application to the appropriate court in this behalf, be set aside and the suit or the proceeding shall be tried -by the court of the first instance after adding the commissioner as a party thereto  s explanation-in this sub-section "appropriate court" means,-(a) in the case of an original decree or order, the court of the first instance;  (b) where the ~riginal decree or order has merged in the appellate decree or order, the appellate court 10 67 no suit, prosecution or other legal proceeding shall lie against protection the central government or any state government or the com- ot acttctn missioner or the tribunal or any member of the council or any officer tak~n in or authority under this act for anything which is in good faith done ::th or intended to be done in pursuance of this act or any rule or order is made thereunder 68 any order made under this act which is capable of execution execution as a degree or order of a civil court shall, on an application made in ot ordera this behalf by the commissioner ar any person j,n w-hose favour such of the  order is made, be enforced by a civil court within the local limits 01 ciomnush  di' th d  f' a oner 20 w ose juris ctlon e en owment property or any portion thereo 18 situate in the same manner as if such order _were a decree passed by such court 45 of 1880 69 the commissioner and every deputy and assistant com- commitmissioner shall be deemed to be public servants within the meaning aioner, 25 of section 21 of the indian penal code etc, to be public aervlults 70 unless the state government otherwise directs by notifica- application in the official gazette, nothing in this act shall apply to any tion of hindu public religious endowment or any class of such endowments, = to to which any special enactment applies meno:-governed by special enactments 30 71 (1) the state government may, by notification in the official power to gazette, make rules to carry out the purposes of this act make rules (2) in particular and without prejudice to the generality of the foregoing provision, such rules may provide for all or any of the following matters, namely:-(a) the manner of nomination of members of the council; 3s (b) the form and manner of making application for the registration of a hindu public religious endowment and the particulars it ma~ contain and the manner of inquiry for the purpos~ __ or registration of a religious endowment; s (c) the manner of issue of notice-(i) under sub-section (4) of section 26; any vacancy (ii) for the settlement of a scheme; (iii) to interested persons before idling in the office of trustee; (it» in any other case where notice is required to be 10 issued; (d) the manner of inquiry-(i) into any case under section 26; (ii) for the the settlement of a scheme; (iii) where an endowment is mismanaged; is (i'v) into any other matter under this act; (e) the service of notices and orders under this act; <i) the procedure to be followed by the commissioner in holding an inquiry under this act; (g) the form of the-register of hindu public religious 20 endowments maintained under section 14 and the particulars it may contain and the form of report notifying any change in the entry in the register; (h) the levy and collection of fees in respect of any application under this act for the registration of a hindu public 25 religious endowment and supply of copies of, or extracts from, the register maintained under section 14; (i) the form in which and the time within which the budget in respect of a hindu public religious endowment may be prepared and the manner of giving notice to the trustee before 30 making any alteration q¥ modification in the budget; (j) the form and manner in which accounts of hindu public religious endowments may be maintained and the particulars which such accounts may contain; (k) the time at which and the manner in which the ac- 3s counts may be audited; (l) the form and manner in which any report, return, statistics or other information may be furnished to the commissioner by any trustee under this act; (m) the manner in which and the time -within which con: tributions are to be paid by the trustee of a hindu public religious endowment; (n) the conditions of service of priests and the code of conauct to be followed by them; 5 (0) the syllabus for the training of priests; (p) the training, and the selection for such training, of sadhus and b4nyasis, the manner of, and syllabus for, such training; 10 (q) the scales of fees and charges which the worshippers, devotee's, pilgrims or other visitors at a hindu public religious endowment shall pay to the priests for services rendered by them to such worshippers, devotees, pilgrims or other visitors and the manner of publication of the specified scales of fees and charges; is (r) the form oi printed receipts which are to be granted by the priests for payments made to them by worshippers, devotees, pilgr~ or other visitors and the form in which accounts of pranamis or pada!canikas are to be kept; 20 (8) the conditions and ,restrictions subject to which the accumulated surplus of a hindu public religious endowment may be appropriated ·by a trustee, the manner of publication of the proposal for the utilisation of such surplus and the manner of publication of the sanction of the commissioner; 25 (t) the manner of administration of the hindu public religious endowments common good fund; (u) any other matter which is to be or may ,be prescribe or provided for by rules or with r~·pect to which it is necessary in the opinion of the state government to' make rules 30 72 if any difficulty arises in giving effect to the provisions of power to this act, the central government may, by orde~ as occasion re- re~ quires, do anything which appears to it to be necessary for the difticultiel purpose of removing the difficulty 73 (1) on the commencement of any provisions of this act in cesser of 35 any state, any law applicable immediately before such commence- appllcament to hindu public re·ligious endowments in that state and cor- tion of responding to those provisions shall cease to apply to such endow- ;:~~ menta law and lavidp 788 (i) :rs   i ~  i • (2) ~otwithstanding· the cesser of application 6f aily such law, anything done or any action taken (including any appointment made, any direction given, any - register maintained,  any  scheme framed, any rule or older made or any restriction or limitation imposed) under such law in relation to hindu public religious s endowments shall, in so far as such thing or action is not inconsistent with the provisions of this acl,be deemed to have been done or taken under the provisions of this act as if such provisions were in force when such thing was done or such action was taken and shall continue in force accordingly until superseded by anything 10 done or any action taken und~r this ac:t  statement of objects and reasonsthe hibdu religious endowments commission was appointed on 1st march, 1960, under section 3 of the commissions of inquiry act 1952, for the purpose of making an inquiry into certain matters connected with hindu public reugious endowments the commission submitted its report, containing inter alia 114 recommendations to the government of india on 31st may 1962 some of the recommendations relate to general policy and some are of an administrative nature and there are also 'n~f!w recommendations relating ·to particular temples and maths the commission has emphasized the imperative necessity for undertaking suitable legislation, particularly in states having no legislation governing hindu religious endowments, namely, assam, punjab, west bengal and uttar pradesh the report was laid on the table of each house of parliament on 10th august, 1962 2 as the subject of religious endowments faus in the concurrent field of legislatipn (entry 28, list m of the seventh schedule to the constitution), the report was circulated to the state governments and to the administrators of union territories for their views after i!onsidering the comments received t'fom the state governments and the administrations of union territories and the comments sent by various institutions and individuals with reference to the report of the commission, government have decided to give effect practically to all the principal recommendations of the commission in so far as they are capable of implementation by legislation the bill is intended to give etfect to this decision and will extend to the whole of india except jammu and kashmir and apply to all hindu public religious endowments (that is, to all maths and public temples) including buddhist religious endowments 3 the notes on clauses explain the salient features of the bill a k sen new delhi; the 7th july, 1965 _  ~iit"":· c'z4use i-the bill when enacted will extend to the whole of india except the state of jammu and kashmir because entry 28 of the concurrent list,-"cbarities and charitable institutions, charitable and religious endowments and religious institutions"-has not ueen extended to the state of jammu and kashmir power to' bring the act into force has been given to the state governments except b;ftspect of clauses 8 to 13 which provide for the ·central council and central tribunal power in respect of these latter clauses has been given to the central government clause 2-special attention is drawn to the definitions of "math", "person interested", "priest", "public temple", "religious endowment" and "trustee" clauses 3 and 70-clause 3 provides that th~ act will apply to all hindu public religious endowments, that is to say, to all maths (vide recommendation no (6) on page 174 of the report) and all public temples [tnde the second paragraph of recommendation no (4)-on page 1731 hindu~ublic religious endowments'will include buddhist religious endowments also jain religious institutions have, however, been excluded from the purview of the bill the reasons for such exclusion are several and have been noted in the report of the hindu religious endowments commission itself in the first place, jain religious institutions are managed by elected bodies and are, ·by and large, very well run; "cases of mismanagement are very few if and when such cases arise, the acharyas, and sadhus and sangh deal with them and set matters right public opinion and public pressure are such that the defaulter ordinarily makes good the loss unless his condition is such as to make it impossible for him to do so," (vide para 14 of chapter ix of the report) in the second plac~, jains do not have 1my mohant in charge of religious institutions in order to do anything corresponding to the shebaits of hindu temples' and as a matter of fact their acharyas do not own any property or accept any offerings (vide para 6, ibid) in the third place, hereditary tru·steeship is not prevalent among the jains trustees keep the accounts relating to the endowment and submit them to the sangh every year (vide para 14, ibid> in the next place, the standard of cleanliness maintained in jain temnles is very high the jain community takes a great deal of enlightened interest in the maintenance of their shrines and in the maintenance of - a proper and serene religious atmosphere surrounding them the stupendous activity in the direction of repair, expansion and renovation work connected with these temples some of which are of great architectural beauty is such thai it is worthy of healthy emulation by hindu temples and organizations (vide para 35, ibid) all these salutary features noted by the commission in connection with the management of jain temples may suffer adversely, because of possible interference by the various statutory authorities proposed to be set up in the bill accordingly jain religious institutions have --been excluded from the purview of the bill  under clause 70 unless the state government otherwise directs, - the provisions of the act will not apply to any hindu public religious endowment if in respect thereof there is any special enactment in force such as the badrinath and kedarnath temples, the puri temple, the tirupati temple, the bodh gaya temple, etc clause 4-tbe various authorities for the effective administration of hindu public religious endowments have been mentioned in this clause the principal authorities will be the commissioner, the central religious endowments council and the reugious endowments tribunal  clauses 5 to 7-these clauses deal with appointment, condttions of service, powers and functions of the commissioner and his deputies and assistants [vide paragraph 17 on pages 124-125 and recommendations nos (58) and (59) on page 183 of the report] czauses 8 and 9-clause 8 provides for the constitution by the central government of a central religious endowments council representing various interests (including sadhus and sanyasis) and the state governments [vide the last portion of the first paragraph on page 126 and recommendation no (62) on page 183 of the report] under clause 9, the council shall perform such functions as may b~onferred on it by the act and the rules made thereund,!r it has been provided throughout the bill that the commissioner and, the state government shall in respect of several important matters consult the council before taking action clauses 10 and 13-clause 10 provides for the constitution of a religious endowments tribunal on an all-india 'basis and clause 13 provides for the col'stitution and procedure of the tribunal [ti(ie paragraphs 20 and ~1 on pages 127-28 and recommendations nob o (64) to (69) on pages 184-85 of the report] the chairman of the tribunal shall be a person who has been, or is, or is qualified to be, appointed as a high court judge the other members shan be persons who have either held senior administrative offices under the _government and have adequate administrative and financial experience for not less than ten years under the government, or who are specially conversant with hindu scriptures and religion and religious practices and with the working of hindu religious endowments clauses 11, 26, 57, 60, 61, 62, etc-these clauses deal with the various important functions of the tribunal [vide paragraph 20 on page 127 and recommendations nos (64) and (70) on pages 184-85 of the,r~i1] the tribunal will have original as well as appellate jurisdiction an appeal will lie to the tribunal from the decistons of the commissioner and the tribunal will have exclusive original jurisdiction in regard to certain matters, eg, (i) succession and appointment to hereditary offices, such as hereditary trustees, heads of maths, etc, (ii) determination of what are matters of religion or essential religious practices and what are ancillary and unessential accretion's, and (iii) such other matters of basic importance in relation to the administration and management of temples, maths, etc, which in the opinion of the commissioner, require adjudication or decision by the tribunal clause 12-this clause deals with appointment of assessors to aid the tribunal in the discharge of its functions [vide recommendationno (66) on page 184 of the report] clauses 14 to 21-these clauses deal with registration of all hindu public religious endowments with the commissioner clauses 22, 24 and 25-these clauses deal with appointment and succession to the office of trustee, disqualifications for trusteeship removal of trustees, etc [vide paragraph 24 at page 101 and recommendations nos (38) to (41) at pages 180-81 and recommendation no (57) at page 183 of the report] appointment and succession to ofticeaf trustee will be regulated by rules" practices, usages o~ customs of the religious endowment concerned with respect to such appointment or succession clause 23-this clause provides that the hindu succession act 1956, shall not apply to succession to the ,office of trustee [mde paragraph 25 on page 101 and recommendation no (42) on page 181 of the report] clause 27-this clause empowers the commissioner to susppnd a trustee in cases of urgency and to report the action taken to the fribunal [vide recommendation no (63) on pages 183-84 qf the report] clauses 28 and 29-these clauses do not call for any comment [vide recommendations nos (27) and (29) on pages 177-78 of the report] the administration and management of every hindu public religious endowment will vest in the trustee thereot clause 30-this clause provides for the preparation and maintenance by the trustee of a register in the prescribed form in relation to the religious endowment clause 31-this clause relates to the power of the commissioner in cases of iij-isinanagement and is consequent upon the general powers of supervision and control to be exercised by the commissioner over hindu public religious endowments clauses 32, 33, 34, 35 and 36-these clauses relate to the preparation of budgets by trustees of public religious endowments and the provisions to be made therein for carrying out obligatory objects and discretionary objects [vide recommendations nos (28), (30), (31), (34) and (35) at pages 178-80 and recommendation no (71a) at page 185 of the report] clause 37-this clause empowers the ~ommissioner to fram~' a scheme for proper administration of any hindu public religious endowment and ~ollows from the general powers of the commissioner as recommended by the commission clause 3b-this clause provides for the applica:tion of the property cy pres [vide recommendations nos (36) and (37) on page 180 of the report] on the lines of sections 13 and 14 of the uk charities act, 1960 c14use 39-this relates to investment of endowment money in what may be called gilt-edged securities and follows out of the recommendations r~lating to the proper and"::l!fbcient management of endowment properties clause 4o-this clause provides for the alienation (by way of sale, mortgage, exchange or gift, or by way of lease for over three years) of immovable property belonging to an endowment only with the previous sanction of the commissioner and follows more or less recommendation no (52) and recommendation no (56) made on pag~s 182-83 of the report clauses 41, 42, , and 44-these clauses prohibit arcjum4 and pu;a in maths and public temples by unquawied priesta after the e!xpfry qf two y~rs from the commencement of the act, provide fot __~he  qualifications to be possessed by priests, the setting up of schools for the training of priests and the syuabus for elementary and ad--vallced training in such schools and the contributions to be made by the various hindu public religious endowments towards the ex- penses of the schools and other institutions [vide recotnmendatiolls nos (8), (9), (10) on pages 114-175 and nos (31) and (32) on page 178 of the report] clauses 45 and 52-these clauses provide that trustees and priests should have no proprietary rights over any gifts or offerings, pranamis or padakanikas made ~shippers, devotees, etc, unl~ss they have been specifically designated as personal to the' trustee or priest [vide recommendations nos (4), (7) and (11) on pages 173, 174 and 175 and recommendation no (26) on page 177 of the report] clause 46-tbis clause provides for the preparation of codes of conduct for the ~ests by the commissioner after consultation with the council [vid~ recommendation no (14) on page 176 and the latter part of recommendation no (22) on page 177 of the report] clause 47 and clause 50 (3) to (5) -these provisions seek to regulate all fees paid by worshippers, devotees and other visitors [vide recommendations nos (15) aiw (23) on pages 176 and 177 of the report] ckluse 48-this clause deals with the emoluii1ents and ether conditions of service of archakas and pujaris [vide recommendations nos (12) and (13) on pages 175-76 of the report] clauses 49 and 50-these clauses deal with special provisions relating to pandas~ their liceming and the prescription of the scrle of maximum and minimum charges for the services rendered by them, etc [yide recommendations nos (20), (21), (22) and (25) on page 177 of the report] clause 51':-this clause provid~or the creation of a common good fund [vide recommendation no (33) on pages 178-79 of the report] out of contributions voluntarily made by hindu public religious endowments from their surplus funds or by any person, for the renovation and preservation of such endowments, etc clauses 53, 54 and 55-these clauses are based on recommendations no (28) on page 178 and (71a) on page 185 of the report alld relate to maintenance of accounts by t~ees and their audit, and power of the commissioner to inspect any endowment property and to call for returns, etc, from trustees ~-'---s::'~, ~-~s cla~ is ~ in view of the provision's of the constitution contairied in article 28 cl4u6e 57-tbia clause to which reference has already been made in connection wttl\ the functions of the tribunal is based upon recommendations no (61) on page 183 and (64) ('b) and (c) on page 184 of the report ' clauae 58-this clause deals with the contributions to be made by the varjq~ hindu p11plic religious eddo~ts for the pprpose of defraying the expenses in connection with the administration of the ~ct ' 9~ub~ ~-this clause ~ ~ciuary to th~ general powers of the commissioner ,  c~usel ~o, ~1 ~nd 62-'fh~ cla~ ~e~ ~~ ~ppea1s to the tri~unal and r!!f~nc~ to it ~y ~e co~one~  clauses 63 to 70-tbese clauses provide for miscellaneous matters which are incidental ~r ~cillary to ~e foregoing provisions clause 7l  this clause gives power to the state government to make ruies to carry out the purposes of the act  clause 73-this clause provides that on the commencement of the act in any state, any law applicable to any hindu public religious endowment shall cease to apply to such endowment; actiqd8 taken or things done before such commencement under the old law are, however, saved  memorandu,m regarding delegated legislationclause 71 of the bill empowers the state government to make rules to carry o\lt the purposes of the act the matters in respect of which such rules may be made have been specified therein they relate inter alia to the form and manner of making application3 for registration of hindu public religious endowments, the levy and collection offel! in respect of such registration, the form of the register, the manner of making certain inquiries, the servicta of notices and orders, the form of the budget of a hindu public' religious endowment, the form and manner in which the accounts of such endowment may be maintained and the audit of sucb accounts, the form and manner in which- reports, returns, etc, have to be fur  nished, the conditions of service of priests and their training, the scales of fees and charges payable to the priests for services renctered by them to worsl;1ippers, pilgrims, etc, the conditions and restrictions subject to which the accumulated surplus of the religious endowment may be utilized by ~ trustee and the administration of the hindu public religio~ endowments common good fund all these matters are matters of detail or of administrative character 2 efhe delegation of legislative power is thus of a normal character a bill to provide for the better supervision and more effective administration of hindu public religious endowments and for matters connected therewith (shri asoke k sen, minister of lard and social security) 