11 Executive Officers and the Endowments Act · 11.1 Executive Officers and the Endowments Act
11.1.1 The Executive Officer under Section 29
Section 29 of the Endowments Act (Act 30 of 1987, as substituted by Act 33 of 2007) gives every charitable or religious institution an Executive Officer (EO): it says who appoints him, which institutions may do without one, his grades, the Hindu requirement, and his duties, from custody of jewels to the Bhakta Samajam.
- APPSC Paper I
- Standard level
- 10 min read
- Free
Core facts
- Section 29 = appointment and duties of the Executive Officer (asked 2023 and 2026). The EO is defined in S.2(13) as the officer appointed under the Act.
- Who appoints the EO (S.29(1)):
| Institution | Appointing authority |
|---|---|
| Annual income ₹1 crore or more | Government |
| Other institutions in the 6(a) and 6(b) lists | Commissioner |
| 6(c) institution with income below ₹2 lakh | EO not necessary |
| Below ₹2 lakh but with substantial immovable property | Commissioner may still appoint, recording reasons |
- No EO, income above ₹2 lakh and below ₹25 lakh: the trustee, the Chairman of the Board of Trustees or an employee of the institution, authorised by the Commissioner, acts as EO (asked 2023: an employee can act as EO under S.29).
- Grouping: the Commissioner may form several institutions into one group and appoint one EO for it (asked 2026).
- Grades (S.29(2)): Grade I, II and III EOs are all appointed by the Commissioner. Promotion quota for employees of institutions: 40% of Grade III vacancies and 20% of Grade I and II vacancies.
- Senior officers as EO: the Government may appoint a Regional Joint Commissioner as EO of any institution; the Commissioner may appoint a Deputy Commissioner or an Assistant Commissioner as EO, according to income.
- Hindu requirement (S.29(3)): the EO must profess the Hindu religion; he stops acting the moment he ceases to.
- Pay (S.29(3)(d)): the EO is a Government servant. Salary and pension are paid first from the Consolidated Fund of the State and then recovered from the Endowments Administration Fund (the S.69 fund, asked 2023).
- Fixed deposits: the EO may never encash fixed deposit receipts of a scheme or specific endowment (asked 2026).
- TTD's EO is appointed by the Government under S.106, not S.29 (see HC-EA-04).
Explained
Section 29 clause by clause.
| Clause | What it says |
|---|---|
| 29(1) | An EO for every institution; Government (₹1 crore+) or Commissioner appoints; cadre fixed by income; three provisos (authorised person, small institution with property, grouping) |
| 29(2) | Number of EOs per grade fixed by Government; Commissioner appoints Grades I to III; 40% / 20% quota; RJC, DC or AC as EO |
| 29(3) | EO must be a Hindu |
| 29(3)(a) | EO carries out all lawful directions of the trustee |
| 29(3)(b) | Five powers and duties, subject to Government restrictions |
| 29(3)(c) | Prior approval of the trustee to file or defend a case |
| 29(3)(d) | EO is a Government servant; pay from the Consolidated Fund, recovered from the EAF |
| 29(3)(e) | EO fosters a Bhakta Samajam |
The five duties in 29(3)(b).
- Custody of all records, accounts, documents, jewels, valuables, money, funds and other properties.
- Income and expenditure: see that income (rents, seva fees, donations, hundi) is properly collected and money is spent only as allowed.
- Litigation: sue and be sued in the name of the institution. Cases pending when the Act began, conducted by someone else, are not disturbed.
- Bank and treasury: deposit all money in the prescribed bank or treasury and sign cheques. Proviso: no encashment of fixed deposits of a scheme or specific endowment, under any circumstances.
- Emergency: order any work provided in the budget, or any work he thinks immediately necessary to preserve the property or for the service or safety of pilgrims, and pay for it from the institution's funds. He must report forthwith to the trustee with reasons and obtain approval.
EO and trustee: who does what.
- The trustee (or Board) decides; the EO runs day-to-day administration and carries out the trustee's lawful decisions. The EO does not replace the trustee.
- To institute or defend a suit, the EO needs the trustee's prior approval (29(3)(c)), even though 29(3)(b)(iii) lets him sue and be sued.
- Section 41: the EO may withhold a trustee resolution that is against the Act, beyond the trustee's powers, an abuse of power, likely to cause financial loss or danger to life, health or safety, or likely to cause a riot or breach of peace. He places it back before the trustee with a written note and reports at once to the Commissioner, Deputy Commissioner or Assistant Commissioner. If the trustee passes no fresh resolution within 60 days, that officer passes orders, which are final and binding on the trustee and the EO.
Section 29(3)(e): the Bhakta Samajam. The EO must foster faith, devotion and ethical conduct by helping devotees form a voluntary Bhakta Samajam attached to the institution, which organises bhajans, religious discourses and Nagara Sankirtanams in keeping with the temple's custom and usage. The Commissioner frames bye-laws for Bhakta Samajams with the Dharmika Parishad's approval.
Other sections that put duties on the EO.
| Section | EO's role |
|---|---|
| S.35(1) | Income above ₹10 lakh: the EO appoints office-holders and servants, with prior permission of the competent authority (elsewhere the trustee does) |
| S.37(2) | Income above ₹10 lakh: the EO punishes office-holders and servants (fine, suspension, removal, dismissal) |
| S.38 | Commissioner, DC or AC may direct the trustee or EO to act, and may punish directly if they do not |
| S.58(1) | The EO keeps regular accounts of receipts and payments (asked 2023) |
| S.61(1) | The EO rectifies the defects in the audit report within the time fixed and reports |
| S.83 (2023) | The EO (or AC or a higher officer) issues notice to an encroacher and orders eviction (see HC-EL notes) |
Common traps
- ✗ "The Government appoints Grade I EOs." ✓ The Commissioner appoints Grades I, II and III; the Government appoints EOs only for ₹1 crore+ institutions and posts an RJC as EO.
- ✗ "20% of Grade III posts go to temple employees." ✓ 40% for Grade III; 20% for Grades I and II.
- ✗ "The Commissioner appoints an RJC as EO." ✓ The Government does; the Commissioner posts a DC or AC.
- ✗ "An EO may encash an FDR in an emergency." ✓ Never, under any circumstances.
- ✗ "The EO's salary comes from the Common Good Fund." ✓ Paid from the Consolidated Fund, recovered from the Endowments Administration Fund (S.69).
- ✗ "Emergency spending needs the Commissioner's sanction first." ✓ The EO acts first and reports forthwith to the trustee for approval.
- ✗ "The EO can file a suit without anyone's leave." ✓ He needs the trustee's prior approval (29(3)(c)).
- ✗ "Section 110 gives emergency powers to every temple EO." ✓ S.110 is the TTD EO's extraordinary power; a temple EO's emergency power is S.29(3)(b)(v).
Quick revision
- S.29 = appointment and duties of the EO; S.2(13) defines EO.
- ₹1 crore+ → Government appoints; other 6(a)/6(b) → Commissioner; 6(c) below ₹2 lakh → EO not needed.
- ₹2–25 lakh with no EO → trustee, Chairman or employee authorised by the Commissioner.
- Commissioner groups institutions under one EO.
- Grades I–III appointed by Commissioner; quota 40% (Grade III), 20% (Grades I, II).
- Government posts RJC as EO; Commissioner posts DC or AC.
- EO must be Hindu; is a Government servant; pay recovered from the S.69 fund.
- Duties: custody, collection, sue and be sued, bank deposit (no FDR encashment), emergency works (report to trustee).
- Trustee's prior approval to file or defend a case; S.41: EO may withhold a bad resolution (60 days).
- S.35 and S.37: above ₹10 lakh the EO appoints and punishes staff.
Go deeper: Deeper (beyond what APPSC Paper I usually asks)
Deeper Advanced
- Why Section 29 exists. Before 1987 hereditary trustees ran most temples with no salaried administrator. The Challa Kondaiah Commission recommended a professional, Government-paid EO; the 1987 Act made the EO a Government servant whose pay is recovered from the temples' own contributions (S.65 → EAF).
- The 2007 rewrite. Act 33 of 2007 (in force 3-1-2008) substituted the whole of S.29: the ₹1 crore Government slab, the ₹2 lakh / ₹25 lakh figures, the grouping proviso, the 40% / 20% quota and the Bhakta Samajam duty all date from it.
- Income figures inside S.29 have not moved. G.O.Ms.No.268 of 12-11-2024 revised the Section 6 lists (6(a) ₹50 lakh+, 6(b) ₹15–50 lakh, 6(c) below ₹15 lakh). Section 29's own figures (₹1 crore, ₹2 lakh, ₹25 lakh) are written in the section and stay as printed. Read "the 6(a)/6(b) lists" in S.29 as the current lists.
- The EO under other laws. S.157 makes trustees, the EO and staff public servants under Section 21 of the Indian Penal Code. S.147 lets the EO, like a trustee, be fined for refusing accounts or obstructing an inspection.
- Courts on S.29. The High Court held that appointing an EO was the Commissioner's power, not the Government's (K. Sriramamurthy v. Commissioner, 1991). Since 2008 the Act itself gives the ₹1 crore+ institutions to the Government.
Practise this topic. Questions on Executive Officer under Section 29: appointment, powers and duties, with answers explained.
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