11.1.3 The Endowments Act 1987: framework

Explained

How the law grew.

Definitions in Section 2 that are asked.

The Act does not apply to wakfs under the Wakf Act (S.1(3)).

Trust boards (Ss.14–28).

• S.14: the property vests in the institution; trustees only manage it.
• S.15 (as amended by Act 26 of 2024):

• The founder's family member and ex-officio members are counted over and above these numbers. The archaka (or chief archaka) is an ex-officio member; two members must be eminent philanthropists.
• Representation (S.17): at least one woman; 50% of seats (leaving out ex-officio members) for SC, ST and BC; one Nayee Brahmin (Act 15 of 2023); one Brahmin (Act 26 of 2024). Act 26 of 2024 raised every slab by two (15→17, 11→13, 9→11, 9→11, 7→9, 5→7).
• Term: 2 years. Age: at least 30. Oath within 30 days or the office is lost. Chairman elected within 60 days (S.20). Absent from 3 consecutive meetings → membership lost (S.21).
• S.16: hereditary trusteeship abolished; a founder or his qualified family member is still appointed (S.17).
• S.19 lists disqualifications (insolvency, interest in a lease or contract, arrears, conviction for moral turpitude, being an employee or lawyer of the institution). Act 12 of 2026 removes leprosy from the list, from a date to be notified.
• S.28: suspension, removal or dismissal of a trustee after notice. S.135: the Government may supersede a board; S.137: a Specified Authority runs the institution for up to one year.

The Dharmika Parishad (S.152).

• Inserted by Act 33 of 2007 (definition S.2(10-A)). 21 members: 4 official (Endowments Minister as Chairman, Revenue Principal Secretary or Secretary, Commissioner as Member Secretary, TTD EO) and 17 non-official (6 board chairmen, 2 Mathadhipatis, a retired High Court judge, Agama scholars, a chartered accountant and others).
• Act 32 of 2021: if the full Parishad is not constituted, the four official members act for it.
• Powers: appoints boards of ₹25 lakh–₹1 crore temples; over mutts it removes a Mathadhipati (S.51; appeal to the High Court in 90 days), fills temporary vacancies (S.52), recognises successors (Ss.53–54; nomination reported in 90 days) and frames a scheme for a mismanaged mutt (S.55; committee of up to 5; appeal in 60 days).

The Endowments Tribunal (S.162).

• Set up by the Government (Act 33 of 2007); Chairman a judicial officer not below District Judge, Member not below Additional Commissioner.
• S.87: decides whether an institution is charitable or religious, whether property is endowment property or a specific endowment, who is the founder, and claims to honours or emoluments. S.88: appeal to the High Court within 90 days. S.89: compromise. S.83(6) (2023): appeal against an eviction order within 15 days.

Mutts (Chapter V). A mutt is in list 6(d) under the Commissioner. S.48 keeps several Chapter III sections (trust boards, EO) away from mutts; S.50 covers pada-kanukas (offerings to the Mathadhipati personally).

Archakas and hereditary rights.

• S.34: hereditary rights of peda jiyyangar, chinna jiyyangar, mirasidars, archakas and others abolished, with their emoluments. Act 33 of 2007 added S.34(3): qualified members of archaka families continue in archakatvam, paid under a S.144 scheme. Act 26 of 2020 added S.34(4): the Sannidhi Yadavs of TTD keep their hereditary rights.
• S.36 (qualifications): pass an archaka examination recognised by the Commissioner; no physical deformity or contagious disease; recite mantras clearly; good conduct; free of the sapta vyasanas (seven vices).
• S.144: shares in hundi, arati plate, ticket fees and other rusums abolished; after 2007 this applies only to institutions with income above ₹5 lakh.

Offences.

• S.147: a trustee or EO who fails to keep the register (S.43), fails to furnish accounts, or obstructs an inspection may be fined; courts take cognizance only on the Commissioner's written complaint, before a magistrate not below First Class; the fine comes from the trustee's own pocket.
• S.157: trustees, board members, the EO and staff are public servants.
• Encroachment on endowment property is a cognizable offence after Act 36 of 2023 (see HC-EL notes).

Constitutional basis.

• Article 25(1): freedom of conscience and religion, subject to public order, morality and health. 25(2)(a): the State may regulate economic, financial, political or other secular activity linked to religion. 25(2)(b): social reform and opening Hindu public temples to all. Its Explanation II counts Sikhs, Jains and Buddhists as Hindus, as S.2(30) does.
• Article 26: a denomination may (a) set up institutions, (b) manage its own affairs in matters of religion, (c) own property and (d) administer it in accordance with law.
• The Supreme Court upheld the 1987 Act: Pannalal Bansilal Pitti (1996) on abolishing hereditary trusteeship, and A.S. Narayana Deekshitulu (1996) on abolishing hereditary archakatvam. Appointing an archaka is a secular act; what he does in worship is religious and stays protected.