Section 74 in The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987
74. Appropriation of endowments.
(1)Where the Commissioner is satisfied after making such enquiry as may be prescribed, that(a)the original object for which a charitable or religious institution or endowment was founded has, from the beginning, been or has subsequently become impossible of realisation;(b)the income or any surplus balance of such institution or endowment has not been utilised or is not likely to be utilised;(c)in any of the cases mentioned in Section 158 or in regard to the appropriation of the Dharmadayam sums held in trust under Section 56, the directions of the Commissioner are necessary. the Commissioner shall make an order giving directions as to how the property or money belonging to the institution, endowment or Dharmadayam concerned shall be appropriated. In giving the direction, the Commissioner shall, so far as may be practicable, desirable, necessary or proper in public interest, give effect to the original intention of the founder of institution or endowment was founded.(2)Where the Commissioner is of opinion that the carrying out of such intention or object is not wholly or partially expedient, practicable, desirable, necessary or proper in public interest, the Commissioner may direct the property or money belonging to the institution or endowment or Dharmadayam or any portion thereof to be applied(a)if such institution or endowment is a charitable institution or endowment, to any other charitable purpose; and(b)if such institution or endowment is a religious institution or endowment, to all or any of the purposes specified in items (i) to (iv) of sub-section (1) of Section 72. Provided that-(i)in the case of a charitable institution or endowment which is founded and maintained for the benefit of a section of the public, the endowment shall as far as possible be appropriated for the benefit of that section or for any other charitable purpose of like nature;(ii)in the case of religious institution or endowment which is founded and maintained for the benefit of religious denomination or any section thereof, the endowment shall as far as possible be appropriated for the benefit of the denomination or section concerned for all or any of the purposes mentioned in clause (b).(3)In giving directions as to the appropriation of property or money belonging to the institution or endowment to any other charitable or religious purposes under sub-section (1) or sub- section (2), the Commissioner may, by order, after any scheme already settled or vary the terms of any order or conditions contained in the deed of trust relating to the institution or endowment:Provided that in the case of a scheme settled by a court or a decree or order passed by the Court, the Commissioner shall move such court to alter the scheme or vary the terms of the decree or order, as the case may be.(4)From any order passed by the Commissioner under sub-section (1), an appeal shall lie to the Court within ninety days from the date of receipt of the order.
