30/87 a Ct Spelling Doom to Temples

30/87 Act Spelling Doom to Temples Today, Temples are in Turmoil. In Andhra Pradesh many of the 34000 and above Temples are decaying and are in different stages of closure. This is because of a single thoughtless, dreconian & devastating legislation :- The Andhra Pradesh Endowments Act of 1987. Each and every section of the legislation is a weapon for destrution of Temples. Readers should know how the legislation could be enacted; what was the basis, etc. To bring to light the mischief, the misinformation, the manipulation and misrepresentation of facts done by Challa Kondaiah Commission in laying the foundation for the 1987 Endowments Act, the facts are as under..... History of the Present Legislation : (Act XXX of 1987) : In the year 1965, the Andhra Pradesh State Government proposed to amend and consolidate the laws relating to the Hindu Religious Endowments and Charitable Institutions. Consequently, a Bill drafted by the legislative section of the Law Department of the Government of Andhra Pradesh was published in the Andhra Pradesh Gazettee extaordinary on 6.8.1965 and was introduced in the Legislative Assembly on the same day. Sri P.V.Narasimha Rao, the then Minister of Law and Endowments of the State of Andhra Pradesh moved a motion on 14.8.1965 to refer the said Bill to a Joint Select Committee of the two houses and the same was adopted on 16.8.1965. The Legislative Council after full discussion concurred with the said motion on 17.8.1965 and a message to that effect was announced in the Legislative Assembly on 20.8.1965. Thereafter, a Select Committee consisting of 21 members from the Andhra Pradesh legislature commenced the consideration of the draft bill on 8.9.1965. The Committee held 30 meetings out of which 8 sittings were devoted to recording of oral evidence and receiving written representations and 22 sittings were devoted to the clause by clause consideration of the Bill. This author also gave evidence lasting 1 2 /2 hrs which was published by the Legislative Assembly Secretariat. A thoroughly revised Bill which emerged from deliberations lasting for almost 10 months was submitted by the Select Committee to the legislature on 3.6.1966. Thereafter, the Andhra Pradesh Charitable & Hindu Religious Institutions and Endowments Act was passed by the State Legislature in 1966 and it received the assent of the President institution means an institution which has got an assessable income of and was placed on the Statue Book in 1966. This Act was in force till more than Rs.1000 per annum. In other words the remaining 24,400 1987. temples have an income of less than Rs.1000 per annum. Out of the 7,761 assessable temples, there are only 582 temples which have an As contrasted with the elaborate procedure of thread bear assessable income of more than Rs.10,000 per annum. The primary discussion, the Act of 1987 was passed in unusual haste. The Bill running term of reference was to find out to what extent these institutions are into 178 cyclostyled pages having 160 sections grouped in 15 chapters being effectively administered. For this purpose, the Commission should and three schedules was introduced in the Legislative Assembly on have conducted a sample survey of all these three classes of the 4.4.1987. Eventhough, the Bill contained the provisions with the institutions. Instead, the Commission devoted its study mostly to the intention to make far reaching changes drastically departing from the functioning of only the Tirumala Tirupathi Devasthanams and four traditional practices of the Hindu institutions based on custom and usage, specific temples which have an income of more than Rs.20 lakhs per no 'Indepth' discussion took place before the passing of the Bill. The annum and formulated all its recommendations on the basis of the House discussed the Bill from 4 p.m. to 9 p.m. on 9th April, 1987 and study of only these five temples. the Opposition walked out at the end. The Minister replied to the debate from 9 p.m., and later the Speaker put sections (2) to (160) to vote in The Commission made a lengthy narration of what happened at the one bunch, because the Opposition Members who had given notices State Government level from 1972 onwards on the issue of abolition of amendments to these clauses were not present in the house to move of the hereditary archakatvam. The Commission has quoted the then them and declared that they were adopted by the House. He then put Chief Minister in 1979 and said that he was for the abolition of the Sec. (1) to vote and declared the bill passed. system. But, what the Chief Minister actually noted in the file, viz, "what about the alternative?" has not been answered by the Commission. The justification for this unusual procedure as given by the This is a pertinent question which the Commission should have answered Government was that the Bill itself was the outcome of deliberations of while recommending the abolition of an age-old system. The abolition a Commission headed by Justice Challah Kondaiah. A Writ Petition of the existing system without providing for a proper and viable mentioning the arbitrary manner in which the Commission gave its alternative has resulted in the existing chaotic situation. In the Supreme findings was filed before the Supreme Court. The Writ Petition contains Court, the entire arguments from both the sides were concentrated on serious allegations against the Commission's funtioning and the biased the issues relating to Tirupati Devastanams alone. nature with which the recommendations were made. These points were not argued at all before the Supreme Court and hence the Supreme To sum up, on the Historical Background of the enactment of Court was not aware of the limitations of the Report of the Challah this legislation of 1987, it is relevant to quote from " Between You and Kondaiah Commission. Me" in the Hindu dt.20-4-1987 :- * * * The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Bill was passed by the A.P. Assembly on April, 9 to a The Challah Kondaiah Commission's Report was disussed at a chorus of protests followed by a walk-out by the Opposition. The symposium organised by the Department of Public Administration, Government refused to refer it to a Select Committee as, perhaps, Osmania University on 14-12-1986 at which eminent Professors and Hindu temples demanded more immediate attention than our water Scholars deliberated and came to the conclusion that the Report of the and power problems. There was a tremendous sense of urgency about Commission was based on defective methodology and lacks objectivity the whole thing. and vision. According to the data provided by the Commission, there are 32,201 temples which are assessable institutions. An assessale The printed version of the Bill was given to the members of the Assembly on April 8, day before it was passed. Of course on April 4, it 2 Draconian Legislation Draconian Legislation 3 was given in cyclostyled form. The Bill has 160 sections grouped under Endowments (b) Commissioner, Endowments Board (c) an Agama 15 chapters with three schedules. pandit/philanthropist, (d) a legal expert (e) a Chartered Accountant. It is not obligatory to have an Agama Pandit. A philanthropist will do. In other words, in principle, you need not have any religious head on the I suppose there was no need for elaborate discussions as the Council. The British issued a G.O. on August 10, 1934, regarding the Challah Kondaiah Commission had consulted eminent people like Sri Advisory Council for the Administration of Religious Affairs. "shall consist Akbar Ali Khan, former Governor of U.P. and Orissa, Swami of the Jeer, one representative of the archakas, two representatives of Ranganthananda and a host of others on how Hindu temples should Acharya Purushas and one representative of the other mirasdars of be run. I don't know, whether the Government would ask a Hindu the Devasthanams." What a contrast! The British had greater concern how to run a mosque. Swami Ranganathananda is the President of the for our institutions unmindful of consequences. In December last, I Ramakrishna Mission in Hyderabad. The Ramakrishna Mission is no met Sriman Chinna Narayana Jeer of Tridandi and was with him for longer Hindu institution as it declared itself a minority institution a couple about two hours. I went to see him along with Prof. M.V. Soundara of years ago. The Jeers of Ahobila Math, Parakala Math and Sri Andavan Rajan of Hyderabad, who has done a lot to publicise the salient (bad) Swami were not consulted. Also the Acharyas of Kanchi and Sringeri features of the Bill. He is very concerned about it. I am sure he thinks who were consulted have said that they did not say what has been of it during day and dreams of it by night. stated in the report of the Commission. There has been no response When we met the Jeer, it was about 9 p.m. Even at 11 in the from the Government to their denial. By passing the Bill, the feelings of night, visitors called on him for guidance and consolation. He is held in our Jeers and Acharyas have been trampled on. Perhaps, in a secular great esteem by the public. He spoke to me about the Kondaiah State, Hindus must consult the minorities on how Hindus should behave Commission report and said how deeply distressed he was at the Report. towards the minorities and among themselves. He wondered why the Government was doing what it was.

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