R.R.Gopaljee Publisher, Dinamalar letter to Hrnc
From
R.R.Gopaljee
Publisher, Dinamalar
TVR House
No.57, Second Floor
Pantheon Road, Egmore
Chennai – 600 008
To
Principal Secretary/ Commissioner
Hindu Religious & Charitable Endowments Department
119, Uthamar Gandhi Salai
Nungambakkam, Chennai – 600 034
Email: commr.hrce@tn.gov.in
Chief Secretary
Government of Tamil Nadu
Secretariat, Chennai – 600 009
Email: cs@tn.gov.in
The Deputy Secretary & Treasurer
Chief Minister’s Public Relief Fund
Finance (CMPRF) Department
Government of Tamil Nadu
Secretariat, Chennai – 600 009
email: dspaycell.findpt@tn.gov.in
Special Officer
Chief Minister’s Special Cell
Secretariat, Chennai – 600 009
Email: cmcell@tn.gov.in
Sir/Madam,
Sub: Request for cancellation of Circular No. Na. Ka.18104/2020/G2 dated 22.04.2020 by Principal Secretary/Commissioner, HR & CE Department for contribution of Rs.10 Crores to Chief Minister’s Public Relief Fund
I, R.R.Gopaljee, son of Late Mr.R Raghavan, Publisher of Dinamalar would like to state as follows:
I became aware of the fact that the Principal Secretary/ Commissioner, HR & CE Department has issued a circular no. Na.Ka.18104/2020/G2 dated 22.04.2020 (‘said circular’)to Executive Officers, Assistant Commissioners, Deputy Commissioners and Joint Commissioners of Hindu Religious and Charitable Endowments (HR & CE) Department, that a total sum of Rs.10 Crores have to be contributed from the surplus funds of 47 temples across the state to the Chief Minister’s Public Relief Fund. In the said circular it has been stated that a sum of Rs.35 Lakhs each from temples in Pazhani Murugan Temple, Tiruchendur Murugan Temple, Madurai, Tiruttani, Thiruverkadu, Tiruvannamalai, Srirangam, Samayapuram, Rameshwaram, Mylapore Kapaleeshwarar Temple and a sum of Rs.25 Lakhs from Bannari Amman Temple, Azhagarkovil, Marudamalai Temple, Triplicane Parthasarathy Temple, Vadapalani Murugan Temple, Mangadu Temple, Thiruparangundram, Sankarankoil, Swamy Malai Temple, Madurai Pandimuneeswarar Temple, a sum of Rs.15 Lakhs from the funds of Kancheepuram Devarajar Temple, Thiruvottriyur Thyagarajar Temple, Sholingar Lakshmi Narasimhar Temple, Melmalaiyanur Angalamman Temple have been instructed to be transferred to the Chief Minister’s Public Relief Fund.
As far as the temples in Tamil Nadu are concerned, apart from the mainstream employees of HR & CE, there are more than 10 different types of skilled and semi-skilled labour such as archakas, adyapakas, vedaparayanikas, othuvars flower vendors, musicians, sweepers, etc., for whom there is no monthly salary that has been fixed and even the remuneration that are paid to them are much less than the minimum wages fixed under The Minimum Wages Act, 1948. Further, when this pressing internal issue is yet to be addressed, giving away the surplus funds available with the temple is clear violation of fundamental right to life of these workmen who form an integral form of the temples. Initially, the Government of Tamil Nadu had made an announcement that Rs.1000/- (Rupees Thousand Only) would be paid for all those who depend on temples for their living, but till now no such payments have been made.
You are aware of the fact that the utilization of surplus funds of the temples are subject to Section 36 of The Hindu Religious and Charitable Endowments Act, 1959 (‘HR & CE Act’) stipulates that the trustees of a religious institution may appropriate any portion of the accumulated surplus funds of such institution for the purposes specified in Section 66 (1) of the HR & CE Act.
Further, Section 66 (1) of the HR & CE Act provides for the appropriation of funds to the following purposes alone and of no other:
a) The grant of aid to any other religious institution which is poor or in needy circumstances.
b) The grant of aid to any religious purpose connected with the Hindu religion.
c) The propagation of the religious tenets of the institution.
d) The recitation of Divya Prabhandham and Thevaram and the like.
e) The establishment and maintenance of schools for the training of archakas, adyapakas, vedaparayanikas and othuvars and for the study of Divya Prabandhams, Thevarams and the like including the study of Indian languages for that purpose.
f) The establishment and maintenance of a university or college or other institution in which the main features shall be the provision of the study of Hindu religion, philosophy or sastras or for imparting instruction in Hindu temple architecture.
g) The establishment and maintenance of educational institutions where instruction in the Hindu religion is also provided.
h) Promotion of fine arts and architecture.
i) The establishment and maintenance of orphanages for Hindu Children.
j) The establishment and maintenance of asylums for persons suffering from leprosy.
k) The establishment and maintenance of poor homes for destitute, helpless and physically disabled persons and
l) The establishment and maintenance of hospitals and dispensaries for the benefit of pilgrims.
Further, it has been contemplated in the provisos to Section 36 of the HR & CE Act that before according sanction under the said section, the Commissioner shall publish the particulars relating to the proposal of the trustee in such manner as may be prescribed, invite objections and suggestions with respect thereto and consider all objections and suggestions received from persons having interest.
The said circular that has been sent by the Principal Secretary/Commissioner HR & CE to the Executive Officers, Assistant Commissioners, Deputy Commissioners and Joint Commissioners of HR & CE for the transfer of surplus funds of 47 temples amounting to Rs.10 Crores to the Chief Minister’s Public Relief Fund is illegal and in direct contravention of Section 36 and 66 of the HR & CE Act. Further, one has to be conscious of the fact that the money that has been deposited into these temples are collections made from the devotees with some pious belief and for the purpose of the temple, utilization of the same in any other manner would also breach the beliefs of so many devotees.
In addition to the above, due to the nationwide lockdown due the outbreak of COVID – 19 pandemic, the archakas, adyapakas, vedaparayanikas and othuvars who were dependent on the daily wages given at temples in Tamil Nadu have not been paid even for a single day in over 30 days since the lockdown across the country. Owing to the nature of their work, the surplus funds available with the above mentioned 47 temples would help the archakas, adyapakas, vedaparayanikas and othuvars associated with these temples to survive the lockdown. At this juncture, the priority of HR & CE department is to protect their employees, archakas, adyapakas, vedaparayanikas and othuvars working in the temple for whose benefit the surplus funds from these 47 temples ought to be utilized.
It is to be noted that the Principal Secretary/Commissioner HR & CE by issuing the said circular has only exceeded his powers and gone beyond the scope of the statute by giving direction to the temples to make contributions to Chief Minister’s Public Relief Funds. There is an emergent situation to protect the funds of the temples from being misused, as the surplus funds of these temples once transferred to Chief Minister’s Public Relief Funds would not be utlised for purposes for which it was intended. The said circular is a clear abuse of power taking advantage of the prevalent lockdown measures due to outbreak of COVID – 19.
Therefore, in these circumstances, I hereby request:
a) The Principal Secretary/ Commissioner HR & CE to cancel the said circular issued to Executive Officers, Assistant Commissioners, Deputy Commissioners and Joint Commissioners of HR & CE.
b) The Chief Secretary and The Deputy Secretary & Treasurer of Chief Minister’s Public Relief Fund to refund, to the said 47 temples, the total sum of Rs.10 Crores or any other sum received from the temples in view of the said circular.
c) The Principal Secretary/ Commissioner HR & CE to forthwith make appropriate arrangements for distributing funds to archakas, adyapakas, vedaparayanikas, othuvars, flower vendors, musicians, sweepers, etc. of these 47 temples, who have been without any income for more than 30 days, from the surplus funds of the respective temples.
Thanking you
R.R.GOPALJEE
