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GOVERNMENT OF PUDUCHERRY
DEPARTMENT OF HINDU RELIGIOUS INSTITUTIONS AND WAKF
(G.O. Ms. No. 35/CHRI/T1/2015/999, dated 4th September 2015)
NOTIFICATION
It is brought to the notice of the Government that many lands, belonging
to various temples which are uncultivable and coming under the purview of the
Department of Hindu Religious Institutions are lying idle for years together without
any use and not fetching any revenue to the temples concerned. It is also brought
to the notice of the Government that number of encroachments have come up in
such uncultivable lands and the encroachers could not be evicted as that of the
Government lands by invoking the Public Premises (Eviction of unauthorized
Occupants) Act, 1971. Further, the encroachers may file suit claiming their right in
the Court of Law and the matter may remain pending before the Civil Courts for
years together without any result. Hence, it is felt necessary to dispose of the
uncultivable lands in order to avoid encroachments failing which, the whole land
may be occupied by some miscreants in future causing hardships to the temples.
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9 {
No.
75
Poudouchéry
Mercredi
9
Septembre
2015 (18 Bhadra 1937)
No.
Puducherry
Wednesday
9th
September
2015
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LA GAZETTE DE L’ETAT
[ PART-I
490
2. As per section 25(1) of the Puducherry Hindu Religious Institutions
Act, 1972, “any exchange, sale, mortgage, gift or lease for a term exceeding 3 years
of any immovable property belonging to or given or endowed for the purposes of
any institution shall be null and void unless it is sanctioned by the Commissioner,
as being necessary or beneficial to the institution, after publication in the newspaper
about the proposed sale inviting objections and suggestions for the same”.
3. As per rule 18 of the Puducherry Hindu Religious Institutions
Rules, 1975, (1) Notice of the proposals for any exchange, sale or mortgage and
any lease for a term exceeding three years of any immovable property belonging
to, or given or endowed for the purpose of any religious institution shall contain
particulars in respect of the following:-
(a) nature of the proposed transactions;
(b) correct description of the properties relating to the proposed
transaction with information regarding survey number, extent and
boundaries and ward number and door number also in the case of properties
within the limits of Municipalities;
(c) the revenue assessed on the properties relating to the proposed
transaction by way of land revenue, cess, quit-rent, ground rent, property
tax, etc;
(d) any encumbrances to which the properties relating to the proposed
transactions are subject;
(e) if the proposals is for the mortgage, the amount for which the
properties are proposed to be mortgaged;
(f) if the proposals is for sale or lease, the probable price or the rental,
as the case may be, that is expected;
(g) the purpose for which the amount so raised is to be utilized.
(2) (a) The notice shall specify a reasonable time, being not less than
30 days from the date of issue of the notice, within which objections or suggestions
may be sent shall also specify the date on which an enquiry, if any, is proposed
to be held to consider the objections or suggestions.
(b) A copy of the notice shall be served in person or sent by registered
post with acknowledgment due to the trustees or trustees of the religious
institutions concerned and where the properties belong to a specific endowment,
also to the trustee or trustees or the temple or math to which the specific endowment
is attached.
(c) Any refusal or evasion to receive the notice shall be deemed to be
sufficient notice.
(3) A copy of the notice shall be published by affixture:-
(a) on the notice-board of the Commissioner;
(b) on the notice-board or the front door of the math or temple
concerned;
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(c) on the notice-board of the office of the Municipal Council or Village
Chavady or the Panchayat Union Council, in some other place in the
locality which may be selected by the Commissioner in his discretion; and
(d) at least one daily newspaper published in the language of the
locality where the math or temple concerned is situate:
Provided that where the proposal is in respect of a specific endowment,
the properties of which are not situate in the village in which the temple or math is
situate, the notice shall be published also in the village in which the properties are
situate.
4. In pursuance of section 25 (1) of the Puducherry Hindu Religious
Institutions Act, 1972 read with the rule 18 (2) of the Puducherry Hindu Religious
Institutions Rules, 1975 the Lieutenant-Governor, Puducherry is pleased to approve
and order that the following procedure shall be followed for the disposal of the
uncultivable lands situated in urban/suburban/ rural areas owned by various temples
at the prevailing market rate to Government or by e-auction to the public:-
(i) The concerned temple authority will pass a resolution informing their
willingness to dispose of the uncultivable land owned by them indicating
the details of lands and price expected therefor.
(ii) The Commissioner, Hindu Religious Institutions will publish the
details of the proposed alienation of the immovable property of the temple
as envisaged under section 25(1) of the Puducherry Hindu Religious
Institutions Act, 1972 and rule 18 of the Puducherry Hindu Religious
Institutions Rules, 1975 calling for objections/suggestions.
(iii) On the expiry of the period mentioned in the notice, the
Commissioner, Hindu Religious Institutions will submit a report to the
Government detailing the objections/suggestions received and views of the
temple authority and seek the orders of the Government for disposal of
the property.
(iv) If the Government decides to give permission to dispose of the
property, availability of temple land for disposal will be informed to all the
Departments/Agencies/Board/Undertakings/Autonornous Bodies/Corporations
etc., of the Government of Puducherry.
(v) If any Government department/Corporation/Agencies/Board/
Undertakings/Autonomous Bodies, etc., are desirous of acquiring the land,
the same may be intimated to the Department of Hindu Religious
Institutions.
(vi) The land may be alienated on payment of guideline value or the
market value indicated by sales transaction executed on lands similar in
character to the land proposed to be disposed, within previous one year
as determined by the Sub/Deputy Collector concerned, whichever is higher.
(vii) In case, requests are received from more than one Government
department/Corporation/Agencies/Board/Undertakings/Autonomous Bodies,
etc., the matter shall have to be referred to the Government and the decision
of the Government thereon shall be final.
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(viii) If no request is received from any Government department, etc,
the Commissioner, Hindu Religious Institutions will take action to alienate
the land by e-auction.
(ix) The Commissioner shall confirm the sale only with the approval of
the Government.
(x) In case, sale of any immovable property belonging to the temple,
the sale amount received by the religious institutions shall be made as fixed
deposit in a nationalized bank jointly in the name of the Commissioner, Hindu
Religious Institutions and President/Special Officer/Executive Officer of the
temple and the interest amount accrued thereon may be utilized for the
expenses of the temple. The fixed deposit shall not be closed except with
the prior approval of the Government.
(xi) In case of sale of any immovable property endowed for purpose of
performance of any specific service, charity in any religious institution,
the sale amount shall be deposited in a nationalized bank and the interest
amount accrued thereon shall be utilized only for the purpose for which
the land was given or endowed and shall not be utilized for any other
purpose of the temple concerned.
(xi) In case of any doubt arising on any of the procedure as enumerated
above, the decision of the Government thereon, shall be final.
5. This issues with the concurrence of the Finance Department vide their
U.O. Note No.1910/F4/2015, dated 4-8-2015.
(By order of the Lieutenant-Governor)
B. THILLAIVEL,
Under Secretary to Government (Temples).
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