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State of Tamilnadu - Section

Section 116 in Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959

116. Power to make rules.

(1)The Government may, by notification, make rules to carry out the purposes of this Act.
(2)Without prejudice to the generality of the foregoing power, such rules may provide for-
(i)all matters expressly required or allowed by this Act to be prescribed;
(ii)the form and manner in which applications and appeals should be submitted to the Government, the Commissioner or the Additional, a Joint Commissioner or a Deputy Commissioner or an Assistant Commissioner];
(iii)the powers of the Government, [(the Commissioner or the Additional Commissioner,) a Joint Commissioner] [Substituted for 'the Commissioner' by Tamil Nadu Act 18 of 1993.]], a Deputy Commissioner or an Assistant Commissioner to hold inquiries, to summon and examine witnesses and to compel the production of documents;
(iv)the inspection of documents and the fees to be levied for such inspection;
(v)the fees to be levied for the issue and service of processes and notices;
(vi)the grant of certified copies and the fees to be levied therefor;
(vii)the budgets, reports, accounts, returns or other information to be submitted by trustees;
(viii)the convening of meetings of trustees and the quorum for, and the conduct of business at, such meetings;
(ix)the manner in which the opinions of trustees shall be ascertained otherwise than at meetings;
(x)the proper collection of the income of, and the incurring of expenditure by, religious institutions;
(xi), the custody of the moneys of religious institutions, their deposit in, and withdrawal from, banks, and the investment of such moneys;
(xii)the custody of jewels and other valuables and documents of religious institutions and the conditions and restrictions subject to which the jewels and other valuables of religious institutions may be disposed of;
[(xii-a) the manner in which, the persons (including the State Trading Corporation) to whom, the conditions and restrictions subject to which, movable properties of any religious institution including human hairs and other articles received as offerings in the religious institutions, shall be sold or otherwise disposed of;] [Inserted by section 2 of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1974(Tamil Nadu Act 26 of 1974).]
(xiii)the manner in which and the period for which leases of properties of religious institutions shall be made;
(xiv)the manner in which the accounts of religious institutions shall be audited and published, the time and place of audit and the form and contents of the auditor's report;
(xv)the method of calculating the income of a religious institution for the purpose of levying contribution and the rate at which it shall be levied;
(xvi)the security, if any, to be furnished by officers and servants employed for the purposes of this Act;
(xvii)the preservation, maintenance, management and improvement of the properties and buildings of religious institutions including architectural, sculptural and epigraphical features;
(xviii)the inspection and supervision of the properties and buildings of religious institutions, the reports to be submitted by persons making such inspection and supervision and the fees leviable for such inspection, supervision and report;
(xix)the preservation of the images in temples;
(xx)the grant of travelling and halting allowances to the trustees;
(xxi)[ the grant of travelling and halting allowances to the members of - [Substituted by section 61(2) of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1996 (Tamil Nadu Act 39 of 1996).]
(a)the Advisory Committee;]
(b)[ the District Committee; [Inserted by Act No. 51 of 2012, dated 16.11.2012.]
(c)the Consultative Committee or sub-committee thereof constituted under sub-section (4) of section 92];
(xxii)the preparation and sanction of the estimates and acceptance of tenders, in respect of public works and for supplies in religious institutions;
(xxiii)[ the qualifications to be possessed by the officers and servants for appointment to offices in religious institutions and the conditions of service of all such officers and servants;] [Substituted by section 4 of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1970 (Tamil Nadu Act 2 of 1971).]
(xxiv)the manner of proof of the fact that a person professes Hindu religion for the purposes of this Act;
(xxv)the grant of pensions or gratuities to officers and servants of the Board who retired before the 30th September 1951; [xxx] [Word 'and' was omitted by section 2(1) of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1973 (Tamil Nadu Act 22 of 1973).]
(xxvi)the grant of gratuities to the heirs of deceased officers and servants of the Board including those who had retired before the 30th September 1951; [and] [Word 'and' was added by section 2(2) of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1973 (Tamil Nadu Act 22 of 1973).]
(xxvii)[ the manner in which the hundials and other receptacles in a [Added by section 2(3) of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1973 (Tamil Nadu Act 22 of 1973).]
(a)religious institution for putting as offerings cash or other valuables, shall be installed, maintained, opened and sealed; and
(b)ensuring proper safeguards of such hundials and receptacles.]
(3)All rules made and all notifications issued under this Act, shall, as soon as possible after they are made or issued, be placed on the table of the [the Legislative Assembly] [Substituted for 'both Houses of Legislature' by paragraph 3(2) of the Tamil Nadu Adaptation of Laws Order, 1987.] and shall be subject to such modifications by way of amendment or repeal as the Legislature may make either in the same session or in the next session.