Section 43 in The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987
43. Registration of Charitable and Religious Institutions and Endowments.
(1)The trustee or other person incharge of the management of every charitable or religious institution or endowment shall, in the case of an institution or endowment in existence at the commencement of this Act, within ninety days from such commencement; and in the case of an institution or endowment found after such commencement, within ninety days of such founding make an application for its registration to the Assistant Commissioner within whose sub-division such institution or endowment is situated.Provided that the Assistant Commissioner may, for sufficient cause, extend the time for making the application.(2)(a)Where any endowment is situated in the sub divisions of two or more Assistant Commissioners, the trustee or other persons incharge of the management of the endowment shall apply for registration to any one of such Assistant Commissioners;(b)On receipt of such application, the Assistant Commissioner concerned shall refer the matter to the Commissioner who will decide as to which of the Assistant Commissioners shall register the endowment and thereupon the application shall be entertained by such Assistant Commissioner.(3)Notwithstanding anything in sub-section (1), no application for registration shall be necessary in the case of any institution or endowment which was duly registered and entered in the book of endowments before the commencement of this Act, under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act,1966.(4)Every application made under sub section (1) shall contain the following particulars, namely.(a)in the case of a religious institution or endowment, its origin, nature and denomination; in the case of a charitable institution or endowment, its date of commencement, objects, nature and particulars regarding beneficiaries if any;(b)name of the founder, if any, and the names of the past and present trustees ;(c)particulars of the institution or endowment and of the grant, the scheme of administration, muntakab, decree or any other record of rights pertaining to the founding of the institution or endowment ;(d)names of all offices to which any salary is attached and the nature, time and conditions of service in each case and the names of the present holders thereof;(e)names of Sthanacharyas, Archakas, Adhyapakas, Vedaparayanikas and such other persons, responsible for performing worship, and other religious service in the institutions and the particulars, regarding their salaries;(f)particulars of the immoveable and moveable properties including jewels, gold, silver, precious stones, vessels and utensils belonging to the institution or endowment with their estimated value and the monies and securities and of the annual income therefrom.(g)particulars of all title-deeds and other documents relating to the properties belonging to the institution or endowment ;(h)in the case of religious institution, particulars of the idols and other images in the institution or connected therewith, whether intended for worship or for being carried in procession ;(i)particulars regarding rights of a special nature, if any, the names of the holders thereof and the customs, usages and practices in force in connection therewith ;(j)charges, liabilities and other actionable claims outstanding against the institution or endowment on the date of registration, whether under decree of a court or order of the Government or other competent authority or otherwise ;(k)a brief account of the history, legend, sthalapuranam, and the artistic, architectural or achaeological significance of the institution or endowment and other particulars of a like nature ;(l)details of the fairs, festivals, daily and periodical worships, service and other religious ceremonies connected with the institution or endowment and the particulars of dittam fixed therefor ; and(m)such other particulars as may be prescribed ;(5)On receipt of the application, the Assistant Commissioner shall, after making such enquiry as he thinks fit and hearing any person having interest in the institution or endowment, pass an order directing its registration and grant to the trustee or other person a certificate of registration containing the particulars furnished in the application with the alterations, if any, made by him as a result of his enquiry.(6)The particulars relating to every institution or endowment contained in the certificate of registration granted under sub-section (5) shall be entered in "the register of institutions and endowments" (hereinafter in this chapter referred to as the "Register") which shall be maintained by the Assistant Commissioner in respect of all institutions and endowments situated within his sub-division and one copy of the entries made in such register relating to every institution or endowment shall be furnished to the Deputy Commissioner having jurisdiction and another copy to the Commissioner.(7)The register shall be divided into two parts, one for charitable institutions and endowments and the other for religious institutions and endowments.(8)The Assistant Commissioner shall also enter in the register maintained by him under sub-section (6), all the particulars contained in the Book of Endowments or, as the case may be, in the register relating to every institution or endowment which was registered or deemed to have been registered before the commencement of this Act under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966 :Provided that if the book of Endowments or the aforesaid register does not contain all or any of the particulars required to be furnished in the application for registration under sub-section (4), the Assistant Commissioner shall call for such information relating to such particulars from the trustee or other person incharge of the management of such institution or Endowment and after making such enquiry as he deems fit shall make necessary entries in the register maintained by him under sub-section (6).(9)In the case of every institution or endowment in respect of which no application for registration is required under sub-section (3), the Assistant Commissioner shall grant a ceritificate of registration to the trustee or other person incharge of the management of such institution or endowment containing all the particulars pertaining to it as entered by him under sub-section (8) in the register maintained by him under sub-section (6).(10)The trustee or other person incharge of the management of an institution or endowment or his authorised agent shall report to the Assistant Commissioner every year the alterations, omissions or additions in the particulars, relating to the institution or endowment and shall also send to him once in three years the certificate of registration granted to him under sub-section (5) or sub-section (9) together with a statement of such alterations, omissions or additions, as may be necessary to the said certificate and the Assistant Commissioner shall thereupon make such enquiry as he deems fit and amend the certificate wherever necessary and return it to such trustee or other person and shall also make necessary amendments in the regard in the register maintained by him under sub-section (6). A copy of such amendments shall be furnished to the Deputy Commissioner having jurisdiction and another copy to the Commissioner.(11)Where any trustee or other person aforesaid(a)fails to apply for registration of an institution or endowment within the time specified in sub-section (1) ;(b)fails to report the alteration, omissions or additions or to send the certificate of registration as required in sub-section (10) ; or(c)furnishes or causes to be furnished to the Assistant Commissioner, any particulars which are false and which he either knows or believes to be false or does not believe to be true ; R he shall be punishable with fine which may extend to one thousand rupees.
