PVSSR Jagannatha Charyulu & Ors Vs. State of Andhra Pradesh & Ors.
EmailAppeal: I.A No.2
IN
Transfer Case No. 38 of 1990.
WITH
I.A. No.4
IN
Writ Petition (C) No.1090 of 1987.
IN
Transfer Case No. 38 of 1990.
WITH
I.A. No.4
IN
Writ Petition (C) No.1090 of 1987.
Petitioner: PVSSR Jagannatha Charyulu & Ors
Respondent: State of Andhra Pradesh & Ors.
Apeal: I.A No.2
IN
Transfer Case No. 38 of 1990.
WITH
I.A. No.4
IN
Writ Petition (C) No.1090 of 1987.
IN
Transfer Case No. 38 of 1990.
WITH
I.A. No.4
IN
Writ Petition (C) No.1090 of 1987.
Judges: K.RAMASWAMY & D.P.WADHWA, JJ.
Date of Judgment: May 09, 1997
Head Note:
A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987:
As per directions in A.S. Narayana Deekshitulu v. State of A.P. & Ors. JT 1996 (3) SC 482 a permanent fund of Rs. 75 crores was to be constituted for spending income towards welfare measures for Archakas etc. – Employees Welfare Fund constituted by Govt. – Held a retired Judge may be nominated to the Board of Trustees and two representatives of Archakas also to be nominated – Govt. directed ‘to create a post of Additional Commissioner Endowments for day to day management and Govt. of India to be moved for grant of 100% exemption under Section 80G of Income Tax Act – Accounts of the Trust to be audited to check proper utilisation of income towards welfare measures as per deed of Trust.
As per directions in A.S. Narayana Deekshitulu v. State of A.P. & Ors. JT 1996 (3) SC 482 a permanent fund of Rs. 75 crores was to be constituted for spending income towards welfare measures for Archakas etc. – Employees Welfare Fund constituted by Govt. – Held a retired Judge may be nominated to the Board of Trustees and two representatives of Archakas also to be nominated – Govt. directed ‘to create a post of Additional Commissioner Endowments for day to day management and Govt. of India to be moved for grant of 100% exemption under Section 80G of Income Tax Act – Accounts of the Trust to be audited to check proper utilisation of income towards welfare measures as per deed of Trust.
Cases Reffered:
A.S. Narayana Deekshitulu v. State of A.P. & Ors. JT 1996 (3) SC 482 (Para 1)
JUDGEMENT:
K. RAMASWAMY, J.:
1. In paragraph 135 in A.S. Narayana Deekshitulu v. State of Andhra Pradesh & Ors. JT 1996 (3) SC 482 = (1996) 9 SCC 548. this Court had directed, in addition to grant of the regular scales of pay, that other welfare measures be formulated and directed the Government to constitute a permanent fund with, a sum of Rs.75 crores to start with, as corpus and to evolve procedure for spending the income to be derived therefrom towards welfare measures in respect of the Archakas, other employees and/or their dependents, as the case may be. A committee was directed to be constituted, as specified in the judgment. In accordance there-with, a committee was constituted by the Government which has formulated a scheme for the welfare measures in respect of the Archakas and other employees of the temple and their dependents and religious institutions in the State of Andhra Pradesh. A Deed of Trust was designed to be executed by the Principal Secre-tary to the Government, Revenue Department of the State of Andhra Pradesh with the objectives enumerated in the preamble, with nine members of the Andhra Pradesh Endowments Archakas and Other Employees Welfare Fund for its due administration.
2. It consists of the Chief Secretary to the Government of Andhra Pradesh, Principal Secretary to the Government of Andhra Pradesh, Revenue Department, Secretary to the Government of Andhra Pradesh, Finance Department, the Commissioner, Endowments Department, the Executive Officer of TTD, the F.A. & C.A.O. of TTD, two representatives of the Archakas and one representative of the employees to be nominated by other trustees from time to time. The duration of the nominated committee is three years from the date of the nomination, i.e., with reference to seven to nine. The Chief Secretary shall be the Chairman of the Board of Trustees. The Trust shall be administered and managed by the Board of Trustees. In this behalf, it is suggested that a retired Judge of the Andhra Pradesh High Court may be drafted a member of the Board. It is suggested across the Bar that a retired Judge of the Andhra Pradesh High Court may be nominated by the Government to be a member of the Board of Trustees. His term also would be three years from the date of his nomination. We agree with the suggestion and hold that the Chief Secretary, the Chairman of the Board of Trustees would approach the Chief Justice of the Andhra Pradesh High Court for nomination of a retired Judge of the Andhra Pradesh High Court to be a member of the Board of Trustees who may suggest the name. The Chief Justice may, out of the names suggested or in his own discretion, nominate any of the retired Judges of the Andhra Pradesh High Court as a member of the Board of Trustees. Nominees of Archakas may be from among the Archakas either sponsored by their Associations; one from Andhra Region and another from Telengana region being representative of the employees as is suggested in the Deed of Trust. From the date of the first meeting of the Board of Trustees, his term should begin to run. The objective of the Trust has been mentioned in the deed which we have perused. All the objectives of the Trust are self-explanatory and eloquent. We approve of the terms and conditions and the manner of management of the Trust to cater to the needs of Archakas, employees and their family members etc. in terms thereof. Since it is a full time work, we think that an officer of Additional Commissioner from Endowments Department, from the ranks, should be kept in charge of the management of the Trust, to assist the Board of Trustees in the day-to-day management with sufficient secretariat staff. Shri P.P. Rao, learned senior counsel for the State, has agreed to the suggestion; and if a suitable recommendation is made, the Government will create a post of Additional Commissioner in this behalf. We, accordingly, direct the Government to create a post of Additional Commissioner, Endowments Department in the office of the Commissioner of Endowments to be filled in from amongst in-service officers who would be kept in charge of the day-to-day management of the Trust and would be responsible for due implementation with sufficient establishment needed from time to time as may be considered appropriate by the Government in this behalf.
3. It is also suggested that a direction may be given to the Government of India to grant 100% exemption from income tax, as notified objectives, under Section 80-G of the Income Tax Act. The suggestion given is appropriate and we agree with and approve the same.
4. The Government of India would declare the Trust as notified objectives trust under Section 80-G of the Income Tax Act, 1961 so that 100% exemption is granted to the Trust. On exemption so granted, entire income yielded from the corpus should be expended towards the objectives mentioned in the Deed of Trust. All the objectives being charitable and welfare in nature, the Government of India through the appropriate Ministry concerned would grant all necessary exemptions under Section 80-G of the Income Tax Act or any other relevant provisions. They should approach in the first instance the Commissioner of Income Tax, Hyderabad who is directed to send necessary recommendations after examination to the Ministry of Finance to grant exemption under Section 80-G or any other relevant provision of the Income Tax Act.
5. It is next suggested that accounts need to be audited periodically by regular auditors and not by local auditors. We think that the suggestion is appropriate. The Government is directed to modulate appropriate module for conducting regular auditing of the fund and suggest ways and means for the better management of the Trust and proper utilisation of the income towards welfare measures enumerated in the deed of Trust. The covenants of the Deed of Trust are reiterated in the report.
6. The order is accordingly passed.
1. In paragraph 135 in A.S. Narayana Deekshitulu v. State of Andhra Pradesh & Ors. JT 1996 (3) SC 482 = (1996) 9 SCC 548. this Court had directed, in addition to grant of the regular scales of pay, that other welfare measures be formulated and directed the Government to constitute a permanent fund with, a sum of Rs.75 crores to start with, as corpus and to evolve procedure for spending the income to be derived therefrom towards welfare measures in respect of the Archakas, other employees and/or their dependents, as the case may be. A committee was directed to be constituted, as specified in the judgment. In accordance there-with, a committee was constituted by the Government which has formulated a scheme for the welfare measures in respect of the Archakas and other employees of the temple and their dependents and religious institutions in the State of Andhra Pradesh. A Deed of Trust was designed to be executed by the Principal Secre-tary to the Government, Revenue Department of the State of Andhra Pradesh with the objectives enumerated in the preamble, with nine members of the Andhra Pradesh Endowments Archakas and Other Employees Welfare Fund for its due administration.
2. It consists of the Chief Secretary to the Government of Andhra Pradesh, Principal Secretary to the Government of Andhra Pradesh, Revenue Department, Secretary to the Government of Andhra Pradesh, Finance Department, the Commissioner, Endowments Department, the Executive Officer of TTD, the F.A. & C.A.O. of TTD, two representatives of the Archakas and one representative of the employees to be nominated by other trustees from time to time. The duration of the nominated committee is three years from the date of the nomination, i.e., with reference to seven to nine. The Chief Secretary shall be the Chairman of the Board of Trustees. The Trust shall be administered and managed by the Board of Trustees. In this behalf, it is suggested that a retired Judge of the Andhra Pradesh High Court may be drafted a member of the Board. It is suggested across the Bar that a retired Judge of the Andhra Pradesh High Court may be nominated by the Government to be a member of the Board of Trustees. His term also would be three years from the date of his nomination. We agree with the suggestion and hold that the Chief Secretary, the Chairman of the Board of Trustees would approach the Chief Justice of the Andhra Pradesh High Court for nomination of a retired Judge of the Andhra Pradesh High Court to be a member of the Board of Trustees who may suggest the name. The Chief Justice may, out of the names suggested or in his own discretion, nominate any of the retired Judges of the Andhra Pradesh High Court as a member of the Board of Trustees. Nominees of Archakas may be from among the Archakas either sponsored by their Associations; one from Andhra Region and another from Telengana region being representative of the employees as is suggested in the Deed of Trust. From the date of the first meeting of the Board of Trustees, his term should begin to run. The objective of the Trust has been mentioned in the deed which we have perused. All the objectives of the Trust are self-explanatory and eloquent. We approve of the terms and conditions and the manner of management of the Trust to cater to the needs of Archakas, employees and their family members etc. in terms thereof. Since it is a full time work, we think that an officer of Additional Commissioner from Endowments Department, from the ranks, should be kept in charge of the management of the Trust, to assist the Board of Trustees in the day-to-day management with sufficient secretariat staff. Shri P.P. Rao, learned senior counsel for the State, has agreed to the suggestion; and if a suitable recommendation is made, the Government will create a post of Additional Commissioner in this behalf. We, accordingly, direct the Government to create a post of Additional Commissioner, Endowments Department in the office of the Commissioner of Endowments to be filled in from amongst in-service officers who would be kept in charge of the day-to-day management of the Trust and would be responsible for due implementation with sufficient establishment needed from time to time as may be considered appropriate by the Government in this behalf.
3. It is also suggested that a direction may be given to the Government of India to grant 100% exemption from income tax, as notified objectives, under Section 80-G of the Income Tax Act. The suggestion given is appropriate and we agree with and approve the same.
4. The Government of India would declare the Trust as notified objectives trust under Section 80-G of the Income Tax Act, 1961 so that 100% exemption is granted to the Trust. On exemption so granted, entire income yielded from the corpus should be expended towards the objectives mentioned in the Deed of Trust. All the objectives being charitable and welfare in nature, the Government of India through the appropriate Ministry concerned would grant all necessary exemptions under Section 80-G of the Income Tax Act or any other relevant provisions. They should approach in the first instance the Commissioner of Income Tax, Hyderabad who is directed to send necessary recommendations after examination to the Ministry of Finance to grant exemption under Section 80-G or any other relevant provision of the Income Tax Act.
5. It is next suggested that accounts need to be audited periodically by regular auditors and not by local auditors. We think that the suggestion is appropriate. The Government is directed to modulate appropriate module for conducting regular auditing of the fund and suggest ways and means for the better management of the Trust and proper utilisation of the income towards welfare measures enumerated in the deed of Trust. The covenants of the Deed of Trust are reiterated in the report.
6. The order is accordingly passed.
