Executive functions of Penang Hindu board still under state not Putrajaya

 

From P Ramasamy

The FMT report (Jan 5, 2024) on the announcement by the national unity ministry that it had taken over the Penang Hindu Endowments Board (PHEB) might be misleading.

The PHEB, from the time of its creation under the colonial Hindu Endowments Ordinance in 1906, has been an entity under the state. So, were the Hindu Endowments Boards in Singapore and Melaka.

Like Penang, at the time, these were Straits Settlements states under the British colonial government.

After independence in 1957, relevant colonial legislations such as the Hindu Endowments Ordinance were placed under the federal government.

A look at the Federal Constitution will reveal that endowments such as the Hindu Endowments Board came under the jurisdiction of the federal government.

The Melaka Hindu Endowments Board that was created after the formation of the PHEB has since disappeared without a trace. Recent attempts to revive the Melaka Hindu Endowments Board have not been successful.

After Singapore became independent in 1965, the Singapore Hindu Endowments Board was placed under the Singapore Hindu Endowments Board Act.

Penang was the first state to create a Hindu Endowments Board. If I am not mistaken, even the establishment of a Hindu Endowments Board in Tamil Nadu, India, followed the example of Penang.

Since the Hindu Endowments Ordinance was placed under the purview of the federal government after independence, from time to time, the PHEB was assigned to a particular department or ministry for the purpose of submission of accounts, including the presentation of annual reports, to Parliament.

However, as far as the PHEB is concerned, the federal government has a formal role, not an executive one. The commissioners and the chairman of the PHEB are appointed by the state executive council with the consent of the Penang governor.

The executive functions of the PHEB are still with the Penang state government.

Currently, the PHEB manages the properties, comprising about 13 temples, burial grounds, and others. The PHEB also organises the annual Thaipusam festival in the state.

It is not correct for the national unity ministry to issue a statement saying that it had taken over the management of the PHEB.

Also, the Malaysian Indian Transformation Unit (Mitra) is a special federal agency created to financially assist the Indian community. It is a special purpose vehicle (SPV).

Therefore, the national unity minister should not give the impression that with the assignment of both Mitra and the PHEB under his purview, problems of the Indian community could be taken care of.

Accountability

In fact, when I was PHEB chairman, the board was assigned to the human resource ministry. Prior to that, it was under a different ministry.

Assigning the PHEB to a ministry or department is nothing new or unique. It has been done in the past as required by the law, especially for reasons of accountability.

Therefore, assigning PHEB to the national unity ministry is just a continuation of former practices.

It is unfortunate that even the present PHEB board members, including its chairman, do not really understand the broader legal framework in which the board operates.

The PHEB is not Mitra, it is a legislative mechanism to protect and safeguard Hindu properties, especially temples.

This is why when I was PHEB chairman, I sought the help of the federal government to establish Hindu Endowments Boards in other states with large Hindu populations.

It should not be forgotten that Hindu Endowments Board is not a religious organisation but an organisation that is meant to administer the affairs of Hindus in the country.

Yet there are Hindu religious organisations in the country who are vehemently opposed to the creation of Hindu Boards, essentially as statutory bodies.

I hope that the matter of the ritualistic placement of PHEB under a federal ministry or department is not misinterpreted as a takeover of the board by the federal government. - FMT

P Ramasamy is the former deputy chief minister of Penang.

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.