Section 6 in Madras Hindu Religious and Charitable Endowments Act, 1951
6. Definition.
- In this Act, unless there is anything repugnant in the subject or context -(1)"Area Committee" means, in relation to any temple or specific endowment, the Area Committee constituted under this Act and having jurisdiction over such temple or endowment;(2)[ "Assistant Commissioner" means the Assistant Commissioner appointed under sub-section (4) of section 8C;] [Substituted by Act No. 31 of 2008.](3)[ "Board" means, except for the purposes of Chapter XI, the Board constituted under sub-section (1) of section 7 of this Act;] [Substituted by Act No. 31 of 2008.](4)"Charitable endowment" means all property given or endowed for the benefit of, or used as of right by, the Hindu or the Jain Community or any section thereof, for the support or maintenance of objects of utility to the aid comity or section, such as rest-houses, countries, patasalas, schools and colleges, houses for feeding the poor and institutions for the advancement of education, medical relief and public health or other subjects of a like nature; and includes the institution concerned;(5)[ "Commissioner" means the Commissioner appointed under subsection (1) of section 8C;] [Substituted by Act No. 31 of 2008.](6)"Court" means-(i)in relation to a math or temple situated in the Presidency-town, the Madras City Civil Court;(ii)in relation to a math or temple situated elsewhere, the Subordinate Judge's Court having jurisdiction over the area in which the math or temple is situated, or if there is no such court, the District Court having such jurisdiction;(iii)in relation to a specific endowment attached to a math or temple, the Court which would have jurisdiction as aforesaid in relation to the math for temple;(iv)in relation to a specific endowment attached to two or more maths or temples, any court which would have jurisdiction as aforesaid in relation to either or any of such maths or temples;(7)[ "Deputy Commissioner" means the Deputy Commissioner appointed under sub-section (4) of section 8C;] [Substituted by Act No. 31 of 2008.](8)"Government" means the State Government;(9)"hereditary trustee" means the trustee of religious institution succession to whose office devolves by hereditary right or is regulated by usage or is specifically provided for by the founder, so long as such scheme of succession is in force;[9(a) "Malabar area" means the area comprised in the Malabar District referred to in sub-section (2) of section 5 of the States Reorganisation Act, 1956 (Central Act 39 of 1956).] [Inserted by Act No. 31 of 2008.](10)"Math" means a Hindu religious institution with properties attached thereto and presided over by a person whose duty it is to engage himself in imparting religious instruction or rendering spiritual service to a body of disciples or who exercises or claims to exercise spiritual headship over such a body; and includes places of religious worship or instruction which are appurtenant to the institution;Explanation. - Where the headquarters of a math are outside the State but the math has properties situated within it, control shall be exercised over the math in accordance with the provisions of this Act, in so far as the properties of the math situated within the State are concerned.(11)"person having interest" means-(a)in the case of math, a disciple of the math or a person of the religious persuasion to which the math belongs;(b)in the case of a temple, a person who is entitled to attend at or is in the habit of attending the performance of worship or service in the temple, or who is entitled to partake or is in the habit of partaking in the benefit of the distribution of gifts thereat;(c)in the case of a specific endowment, a person who is entitled to attend at or is in the habit of attending the performance of the service or charity, or who is entitled to partake or is in the habit of partaking in the benefit of the charity;(12)"prescribed" means prescribed by rules made by the Government under this Act;(13)"religious charity" means a public charity associated with a Hindu festival or observance of a religious character, whether it be connected with a math or temple or not;(14)"religious endowment" or "endowment" means all property belonging to or given or endowed for the support of maths or temples or given or endowed for the performance of any service or charity of a public nature connected therewith or of any other religious charity; and includes the institution concerned and also the premises thereof, but does not include gifts of property made as personal gifts to the archaka, service-holder or other employee of a religious institution;Explanation (1). - Any inam granted to a archaka, service-holder or other employee of a religious institution for the performance of any service or charity in or connected with a religious institution shall not be deemed to be a personal gift to the archaka, service-holder or employee but shall be deemed to be religious endowment.Explanation (2). - All property which belonged to, or was given or endowed for the support of a religious institution, or which was given or endowed for the performance of any service or charity of a public nature connected therewith or of any other religious charity shall be deemed to be a "religious endowment" or "endowment" within the meaning of this definition, notwithstanding that, before or after the commencement of this Act, the religious institution has ceased to exit or ceased to be used as a place of religious worship or instruction or the service or charity has ceased to be performed:Provided that this Explanation shall not be deemed to apply in respect of any property which vested in any person before the commencement of this act, by the operation of the law of limitation.(15)"religious institution" means a math, temple or specific endowment;(16)"Specific endowment" means any property or money endowed for the performance of any specific service or charity in a math or temple, or for the performance of any other religious charity, but does not include an inam of the nature described in Explanation (1) to clause (14);(17)"temple" means a place by whatever designation known, used as a place of public religious worship and dedicated to, or for the benefit of or used as of right by the Hindu community or any section thereof, as a place of public religous worship;.(18)* * * * * *(19)"tustee" means any person or body by whatever designation known in whom or in which the administration of a religious institution is vested, and includes any person or body who or which is liable as if such person or body were a trustee.
