Chapter I PRELIMINARY

Short title, extent, commencement and application.-

1. (1) This Act may be called the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997.
2. (2) It shall extend to the whole of the State of Karnataka.
3. (3) It shall come into force on such date as the State Government may, by notification appoint and different dates may be appointed for different classes of Hindu Religious Institutions and Charitable Endowments.
4. (4) It shall apply to, all religious institutions or charitable endowments notified under section 23. Section 53 and Chapter VIII shall apply to all religious institutions or charitable endowments other than those notified under section 23: Provided that it shall not apply to a math or temple attached to or managed by math. Explanation: For the purpose of this Act a mutt means a religious institution presided over by a person whose principal duty is to engage himself in the teaching and propagation of religion, teachings and philosophy of the denomination, sect or sampradaya to which the mutt belongs and in imparting religious instruction and training and rendering spiritual service or who exercises or claims to exercise spiritual headship over a body of disciples; and includes any place or places of religious worship, instruction or training which are pertinent to the institution.

Definitions.-In this Act, unless the context otherwise requires,-

1. (1) “Architectural committee” means the Architectural committee constituted under Section 69D.
2. (2) "Archaka" means and includes Pradhana Archaka, Assistant Archaka, pujari or other person by whatever name called who performs or conducts archane, pooja and other rituals;
3. (3) 'Assistant Commissioner' means an Assistant Commissioner appointed under section 4;
4. (4) 'Chairman' means the chairman of the Committee of Management constituted under section 25;
5. (5) “Charitable Endowment” means all property given or endowed for any religious charitable purpose. Explanation: Any property which belonged to, or was given or endowed for the support or maintenance of a charitable institution or which was given, endowed or used as of right for any charitable purpose shall be deemed to be a charitable endowment within the meaning of this definition notwithstanding that before or after the commencement of this Act the charitable institution has ceased to exist or the property has ceased to be so used for any charitable purpose or the objects of the endowment have ceased to be performed;
6. (6) “Charitable Institution” means any establishment, undertaking, organisaton or association formed for a charitable purpose and includes specific endowment and Dharmadayam.
   • (a) an institution managed by a hereditary trustee having proprietary right over the institution and the income thereof; and
   • (b) an institution which is an inseparable integral part of a composite institution consisting of institutions other than charitable institutions also;
7. (7) 'Charitable purpose' include,-
   • (a) relief of poverty or distress including maintenance of rest houses, choultries, houses for feeding the poor and the like;
   • (b) the advancement or maintenance of any other object of utility, benefit or welfare to, or used, as of right by, the Hindu community or a section thereof, not being an object of an exclusively religious nature. But does not include a purpose which relates to sports or exclusively to religious teaching or worship;
8. (8) 'Commissioner' means the Commissioner appointed under section 3;
9. (9) 'Committee of Management' means the Committee constituted under section 25;
10. (10) 'Common Pool Fund' means the fund established under section 17; (10A) “Composite Institution” means and include an institution of religious and charitable endowment or place of worship of Hindus and other religion commonly and jointly worshipped by Hindus and other religion according to the custom, tradition and usage prevailing there in.
11. (11) 'Court' means in relation to a Charitable Endowment or Hindu religious institution in any area, the District Court having jurisdiction over such area;
12. (11) 'Declared Institution' means an institution declared under section 42; (12A) “Dharmika Parishat” means the Rajya Dharmika Parishat constituted under section 20 or Zilla Dharmika Parishat constituted under section 21 as the case may be.
13. (13) 'Deputy Commissioner' means an officer appointed as Deputy Commissioner under section 4;
14. (14) 'Executive Officer' means an officer appointed as such under the provisions of this Act; (14A) “Endowment Survey Officer” means the endowment Survey Officer appointed under section 3. (14B) “Family Temple” means any temple established or maintained exclusively by the members of any family either by themselves or family trustees consisting of family members only. (14C) “Family Charitable Endowment” means any Charitable Institution established and maintained exclusively by the funds of a family or by the members of the family which is not receiving any donation or contribution from public in whatever form.
15. (15) "Hereditary office holder" means an office holder and "Hereditary Trustee" means a trustee of a Hindu Religious Institution or Charitable endowment, succession to whose office, devolves according to the law of succession or declared as such by any court of law, or by a statutory authority or recorded as such under any enactment;
16. (16) “Hindu Religious Denomination” means a collection of Hindu Individuals or devotees classed together under the same name, a Hindu religious section or sub-section or body or a section thereof or the spiritual fraternity represented by it having a common faith, rituals, observances, ceremonies and mode of worship which is designated by a distinctive name.
17. (17) “Religious Institution” means a temple or an endowment and includes a brindavana, samadhi, peetha, paduka or any other institution established or maintained for a religious purpose.
18. (18) 'Inspector' means an Inspector appointed under section 5 ;
19. (19) 'Manager' means any person who for the time being either alone or in association with some other person or persons, administers the property of any Hindu Religious Institution or Charitable Endowment and includes:-
    • (a) in the case of a Society registered or deemed to be registered under the Karnataka Societies Registration Act, 1960, and whose property is not vested in a trustee, its governing body;
    • (b) in the case of an association not for profit registered under the Companies Act, 1956, the Board of Directors of such association. (19A) “Math” means a religious institution presided over by a person whose principal duty is to engage himself, in teaching and propagation of religion, teachings and philosophy of the denomination, sect or sampradaya to which the Math belongs and in imparting religious instruction and training and rendering spiritual service who exercises or claims to exercise spiritual headship over a body of disciples and includes any place or places of religious worship, instruction or training which are pertinent to the institution including religious institutions attached either religiously or administratively to the Maths.
20. (20) 'Notified Institution' means an institution notified under section 23;
21. (21) 'Person having interest' includes.-
    • (a) in the case of a charitable endowment or Hindu religious institution a person who is entitled to attend to the performance of service, charity or worship or is entitled to partake in the benefit of any charity or distribution of gifts thereat;
    • (b) in the case of a society registered or deemed to be registered under the Karnataka Societies Registration Act, 1960, any member of such society;
    • (c) in the case of an association not organised for profit registered or deemed to be registered under the Companies Act, 1956 any member of such association;
    • (d) in the case of any other Hindu religious institution or Charitable Endowment, any beneficiary;
22. (22) 'Prescribed Authority' means an authority prescribed under the rules for any of the purposes of the Act;
23. (23) 'Religious Endowment' or 'Endowment' means all property belonging to or given or endowed for the support of a Hindu religious institution or given or endowed for the performance of any service or charity of a public nature connected therewith or of any other religious charity, and includes the institution concerned and also the premises thereof but does not include gifts of property made as personal gifts to the archaka, service-holder or other employee of a Hindu religious institution. Explanation: Property which belongs to or was given or endowed for the support of a Hindu religious institution, or which was given or endowed for the performance of any service or charity of a public nature connected therewith or of any other religious charity shall be deemed to be a religious endowment within the meaning of this definition, notwithstanding that, before or after the commencement of this act, the Hindu religious institution has ceased to exist or ceased to be used as a place of religious worship or instruction or the service or charity has ceased to be performed;
24. (24) 'Religious purpose' includes,-
    • (a) worship of deities or worship in temples, mandiras, shrines, samadhis, brindavanas, gaddiges or similar places;
    • (b) installing shrines, samadhis, brindavanas, gaddigies or similar places;
    • (c) fostering spiritual fraternity;
    • (d) imparting spiritual, moral and religious education and teaching of philosophy;
    • (e) observance of religious festivals; and
    • (f) any other public religious purpose;
25. (25) 'Rules' means the rules made under this Act;
26. (26) 'Specific Endowment' means any property or money endowed for the performance of any specific service or charity in a Hindu religious institution or charitable institution or for the performance of any other charity. Explanation: Where a specific endowment attached to a charitable institution or a Hindu religious institution is situated partly within the State and partly outside the State, control shall be exercised in accordance with the provisions of this Act over the whole of the specific endowment provided the Charitable Institution or the Hindu religious institution is situated within the State;
27. (27) “Temple” means a place by whatever name called, used as a place of public religious worship having separate existence and dedicated to or for the benefit of or used as of right by the Hindu Community or any section thereof as a place of public religious worship and includes a Mandira, Samadhi, Brindavana, Gadduge, Shrine, Sub-shrine, Utsav Mantapa, tank, Paduka-peetha, Daivasthana, Gudi, Garodi or other necessary appurtenances, structures and land.