The Madras Hindu Religious and Charitable Endowments (Amendment) Act, 1968 [1] Complete Act - Bare Act

THE MADRAS HINDU RELIGIOUS AND CHARITABLE

ENDOWMENTS (AMENDMENT) ACT, 1968 [1]

(Act 12 of 1968)

An Act further to amend the Madras Hindu Religious and Charitable Endowments

Act, 1951, and for certain matters connected therewith

Preamble.-WHEREAS is it expedient further to amend the Madras Hindu Religious and charitable Endowments Act, 1951, for the purpose hereinafter appearing and for certain matters connected therewith ;

BE it enacted in the Nineteenth Year of the Republic of India as follows:-

1. Short title.- This Act may be called the Madras Hindu Religious and Charitable Endowments (Amendment) Act,1968

2. Substitution of new section for section 102.- For section 102 of the Madras Hindu Religious and Charitable endowments Act, 1951 (Madras Act XIX of 1951)

(hereinafter referred to as the principal Act), as in force in the Malabar district referred to in sub-section (2) of section 5 of the States Reorganisation Act, 1956 (Central Act 37 of 1956), the following section shall be substituted, namely:-

[ "102. Construction of reference to the Board, President or Commissioner.- Any reference to the Board or its president or a Commissioner thereof contained in any enactment in force in the State of Kerala or in any notification, order, scheme, rule, form or bye-law issued or made under any such enactment and in force in the State, shall be construed,-

(a) in the case of a religious institution included in the list published under section 38 or over which no Area Committee has jurisdiction, as a reference to the Deputy Commissioner appointed under this Act ;

(b) in the case of a religious institution over which an Area Committee has jurisdiction, as a reference to the Area Committee."]

3. Validation.- Notwithstanding any judgment, decree or order of any court to the contrary, the exercise or purported exercise of any power conferred, or the discharge or purported discharge of any duty imposed, on the Board or its President or any Commissioner thereof, by or under any enactment, notification, order, scheme, rule, form, or bye-law referred to in section 102 of the principal Act, by a Deputy Commissioner or an Area Committee before the commencement of this Act, shall be deemed to be, and to have always been, valid as if the provisions of the said section, as amended by this Act, had been in force at all material times when such power was exercised or duty was discharged.

Explanation.- For the purposes of this section, the terms "Board", "Deputy Commissioner" and "Area Committee" shall have the meanings respectively assigned to them in the principal Act.