Vidhi Codex

The Hindu Religious Institutions and Charitable Endowments Act, 1997

The Hindu Religious Institutions and Charitable Endowments Act, 1997

Civil1997107 sections11 chapters

This Act provides for the administration of Hindu religious institutions and charitable endowments in Karnataka. It sets up the Commissioner and other officers, who must be Hindus, to supervise temples and endowments. It governs the appointment, qualifications and service conditions of archakas (temple priests), the committees of management of temples, and the management of their funds and property.

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Chapter I PRELIMINARY →

  1. 1Short title extent commencement and application
  2. 2Definitions

Chapter II APPOINTMENT OF COMMISSIONER, DEPUTY COMMISSIONER ETC., →

  1. 3Commissioner
  2. 4Deputy Commissioners and Assistant Commissioner
  3. 5Subordinate Officers
  4. 6Commissioner and other officers to be Government servants
  5. 7Commissioner, etc. to be Hindu
  6. 8Delegation of powers

Chapter III ARCHAKAS AND TEMPLE SERVANTS →

  1. 9Appointment of Archakas
  2. 10Qualifications for Archakas
  3. 10ADisqualification of Archaks
  4. 11Archakas to be on the Committee of Management
  5. 12The Committee of management may, if necessary, consult an Agamika or Tanthri of any other temple in the tradition, on such question.
  6. 13Explanation: For the purpose of this section the word archaka shall include an Agamika, a Tanthri or a Pradhana Archaka wherever appointed.
  7. 14Pattern of Temple Servants to be determined by rules
  8. 15Salary and Service Conditions of Temple servants
  9. 16Mis-conduct and Penalty

Chapter IV COMMON POOL FUND →

  1. 17Creation of Common Pool Fund
  2. 18Transfers to Common Pool Fund
  3. 19Administration of Common Pool Fund

Chapter V Chapter V →

  1. 20Rajya Dharmika Parishat
  2. 20AThe powers and functions of the Rajya Dharmika Parishat
  3. 21Zilla Dharmika Parishat
  4. 21APowers and functions of the Zilla Dharmika Parishat
  5. 21BIf there is any difference of opinion among them the issue shall be decided by the Zilla Dharmika Parishat.
  6. 21CRemoval and disqualification of the members of the Rajya Dharmika Parishat and Zilla Dharmika Parishat
  7. 21DMeeting of the Rajya Dharmika Parishad and Zilla Dharmika Parishat
  8. 21EControl by the State Governments
  9. 21FAdoption of smaller notified institution by larger institution or charitable institution

Chapter VI NOTIFIED INSTITUTIONS →

  1. 23Notified Institutions
  2. 24Controlling Authorities
  3. 24AAppointment of Executive Officer and term of office
  4. 25Constitution of the Committee of Management
  5. 25AProvision relating to institution managed by Hereditary Trustee
  6. 25BProvided that in making any appointment, the Rajya Dharmika Parishat shall have due regard to the claims of members of the said family, if any entitled to the succession.
  7. 26Term of Office of the Committee of Management and Election of Chairman
  8. 27Meeting of the Committee of Management
  9. 28Power to dissolve the Committee of Management
  10. 29Appointment of Administrator
  11. 30So however, the said period shall not exceed one year in total.
  12. 31Such member of the Committee appointed shall hold office only so long as a member in whose place he is appointed would have been entitled to hold office if the vacancy had not occurred.
  13. 32Power in case of unauthorised alienation or transfer
  14. 33Suits on behalf of notified institutions
  15. 34Provided that if the Committee of Management fails to file a suit or an appeal, the Assistant Commissioner shall file the same with the approval of the prescribed Authority.

Chapter VII BUDGET OF NOTIFIED INSTITUTIONS, ACCOUNTS AND AUDIT →

  1. 35Applicability of the provisions of the Act
  2. 36Budget of Notified Institutions
  3. 37Maintenance and Audit of Accounts
  4. 38Audit Report
  5. 39Rectification of Defects disclosed in audit and orders of surcharge against Chairman or Executive Officer
  6. 40Rectification of defects detected by Commissioner
  7. 41Obligations of certain Institutions

Chapter VIII DECLARED INSTITUTIONS →

  1. 42Declared Institutions
  2. 43Provided no such declaration shall be made without following the procedure hereinafter specified.
  3. 44Effect of Declaration
  4. 45Appointment of Salaried Executive Officer
  5. 46Term of office and duties of Executive Officer
  6. 47Action against Executive Officer
  7. 48Application of the Provisions of Chapters VI and VII in certain cases

Chapter IX POWERS AND FUNCTIONS OF COMMISSIONER AND OTHER OFFICERS →

  1. 49Power of Commissioner to issue directions
  2. 50Power to institute and hold enquiries
  3. 51Power to take action for protection of property
  4. 53Registration of temples
  5. 54Encroachment upon lands and buildings
  6. 55Power of Eviction of lessee, licensee or mortgagee with possession in certain cases
  7. 56Power to put Chairman or Executive Officer in possession
  8. 57Manager or Executive Officers as the case may be, before a specified date.
  9. 58Institution of which he is the Chairman, Manager or Executive Officer.
  10. 59Institution or Declared Institution in respect of which such powers are exercised.
  11. 60Power of Inspection and Supervision
  12. 61Investment of Money belonging to a Notified Institution or Declared Institution
  13. 62Government.

Chapter X APPEAL, REVISION AND EXECUTION OF ORDERS →

  1. 63Revisional Powers of Commissioner
  2. 63AAppeal to the Rajya Dharmika Parishat and appeal against its order
  3. 63BThe Rajya Dharmika Parishat shall after giving notice to all the concerned parties and on hearing both the parties pass orders in accordance with law.
  4. 64Computation of Limitation
  5. 65Civil Procedure Code to apply to Proceedings under the Act
  6. 66Officers holding enquiries to have powers of Civil Court
  7. 67All enquiries to be Judicial Proceedings
  8. 68Bar of Jurisdiction

Chapter XI MISCELLANEOUS →

  1. 69Removal of Discrimination in the distribution of Prasada or Theertha
  2. 69AAbolition of share in hundi and other income of the temple
  3. 69BBar from collecting fund on behalf of notified institutions or declared institutions
  4. 69CFixing the standard scales of expenditure
  5. 69DConstitution of Architectural Committee
  6. 70Commissioner and other Officers to be Public Servants
  7. 71Costs and expenses incurred on legal proceedings by the Commissioner, etc
  8. 72Costs of proceedings before Courts
  9. 73Costs of proceedings before the Commissioner or the Deputy Commissioner or Assistant Commissioner
  10. 74Court fees
  11. 75Immunity from suits and proceedings
  12. 76Power to make Rules
  13. 77Power to remove difficulties
  14. 78Repeal and Savings
  15. 79Amendment of Karnataka Act 32 of 1974

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