Chapter V Chapter V

Dharmika Parishats

Rajya Dharmika Parishat.-(1) The State Government may, by notification in the official Gazette constitute the Rajya Dharmika Parishat consisting of the following members, namely:-

1. (a) Minister in Charge of Hindu Religious, Institutions and Charitable Endowments Chairman
2. (b) Secretary to Government in charge of Hindu Religious Institutions and Charitable, Endowments Vice Chairman
3. (c) Commissioner, Hindu Religious Institutions and Charitable Endowments Ex-officio Secretary
4. (d) Members to be nominated by Government for a period of [four years]
   • (i) One Retired District Judge member
   • (ii) One Agama scholar member
   • (iii) one vedic scholar member
   • (iv) one person belong to SC or ST member
   • (v) one person belonging to backward classes member
   • (vi) one woman member
   • (vii) two others member

1. (2) The members nominated by Government under sub-section (1), except a retired district Judge, shall hold office subject to the pleasure of Government.
2. (3) The member nominated by Government shall be a person who has contributed to the Hindu Religious field but shall not be an office bearer of any political party in any level.
3. (4) In the event of any vacancy due to death, resignation or otherwise, the Government may appoint a member for the remaining period of the term of such member.
4. (5) The Rajya Dharmika Parishat may, for the purpose of consultation, invite any person having experience and specialized knowledge or expert in any subject to attend its meeting and every such person is entitled to such allowances as may be prescribed.
5. (6) The Government may delegate any of its powers and functions other than the power to make rules under the provisions of the Act to the Rajya Dharmika Parishat.
6. (7) In the absence of Chairman, the Vice Chairman shall preside over the meeting of the Rajya Dharmika Parishad.
7. (8) In the absence of nominated member the remaining members constitute the Rajya Dharmika Parishat.
8. (9) All the correspondence in respect of or to the Rajya Dharmika Parishat shall be made by or to the Secretary, Rajya Dharmika Parishat including the power to sue or be sued.

The powers and functions of the Rajya Dharmika Parishat.- The powers and functions of the Rajya Dharmika Parishat shall be as follows, namely:-

1. (1) The Rajya Dharmika Parishat shall be empowered to resolve any dispute,-
   • (a) regarding religious practices, customs, usage, traditions and for that purpose it may consult experts to assist in resolving such disputes;
   • (b) as to whether a temple is a public, private or denominational temple;
   • (c) as to whether an institutions is a religious institution or a composite institution;
   • (d) as to whether a trustee holds or held office as hereditary trustee of such institution.
2. (2) The Rajya Dharmika Parishat,-
   • (i) may constitute a Committee of Management to the notified institution having gross annual income of rupees [twenty five lakhs] and above;
   • (ii) may approve scheme for adoption of temples having an income of rupees two lakhs or less and to fix the terms of adoption;
   • (iii) shall act as appellate authority in respect of orders passed by the Zilla Dharmika Parishat;
   • (iv) for the purpose of resolving any dispute as provided under this section Nyayadhikarana may be constituted with the judicial member of the Parishat and the Commissioner as its members. If there is difference of opinion among the members the issue shall be decided by the Rajya Dharmika Parishat;
   • (v) may recommend to the State Government to issue notification and de-notification of the institutions required to be notified or deleted under the provisions of the Act;
   • (vi) may dissolve Committee of Management of a notified institution having gross income of Rupees [twenty five lakhs] and above as provided under section 28 and to appoint administrator to the notified institutions under section 29;
   • (vii) shall record the name of the member of the family, who is entitled to succeed to the office of hereditary trustee when a permanent vacancy occurs and if there is no dispute in the office of the hereditary trustee.
3. (3) Administration of all religious institutions and charitable endowments shall be under the general superintendence and control of the Rajya Dharmika Parishat and such superintendence and control shall include the power to pass any order or issue any direction which may be necessary to ensure that such institutions and endowments are properly administered and their income is duly appropriated for the purpose for which they are founded or exist.

Zilla Dharmika Parishat.-

1. (1) The State Government may, on the recommendation of the Rajya Dharmika Parishat, by notification, in the official Gazette, constitute a Zilla Dharmika Parishat to each district or to one or more districts consisting of the following members, namely:-
   • (a) The Deputy Commissioner of the concerned District Chairman
   • (b) The concerned Assistant Commissioner, Hindu Religious Institution and Charitable Endowments wherever available or Endowment Tahsildar or Endowment Assistant of the Deputy Commissioners Office. Ex-officio Secretary
   • (c) Members to be nominated by Government for a period of [four years]
     • (i) one retired Judicial Officer not below the cadre of Civil Judge (Senior Division) Member
     • (ii) one Agama Pandit Member
     • (iii) one Vedic Scholar Member
     • (iv) one from scheduled Caste or Scheduled Tribe Member
     • (v) one woman Member
     • (vi) one person from backward classes Member
     • (vii) three others Member
2. (2) Members nominated by Government under clause
   • (iii) of sub-section
3. (1) except a retired Judicial Officer, shall hold office subject to the pleasure of Government.
4. (3) The person nominated by Government shall be a person who has contributed to the Hindu Religious field but shall not be an office bearer of any political party in any lelvel.
5. (4) In the event of any vacancy due to death, resignation or otherwise the Government may appoint a person for the remaining period of the term of such member.
6. (5) The Zilla Dharmika Parishat may for the purpose of consultation, invite any person having experience and specialized knowledge or expert in any subject to attend its meeting and every such person is entitled to such allowance as may be prescribed.
7. (6) The Government or Rajya Dharmika Parishat may, by notification, delegate any of its powers and functions under the provisions of this Act except the power to make rules to the Zilla Dharmika Parishat.
8. (7) In the absence of Chairman, the judicial member shall preside over the meeting.
9. (8) In the absence of nominated member of Zilla Dharmika Parishat, the remaining members shall constitute the Zilla Dharmika Parishat.
10. (9) All the correspondence in respect of Zilla Dharmika Parishat shall be made by or to the Secretary, Zilla Dharmika Parishat including the power to sue or be sued.

Powers and functions of the Zilla Dharmika Parishat.-

1. (1) Subject to the powers of the Rajya Dharmika Parishat, the Zilla Dharmika Parishat shall have the general powers of superintendence and control over the religious institutions within the district, whose annual income does not exceed rupees twenty five lakhs and such superintendence and control shall include the power to pass any order or issue directions which may be necessary to ensure that such institutions and endowments are properly administered and their income is duly appropriated for the purposes for which they were founded or exist.
2. (2) The Zilla Dharmika Parishat in addition to the powers, duties and functions under sub-section (1), shall have power to,-
   • (a) constitute a Committee of Management to the notified institutions having gross annual income of Rupees One lakh and above but below Rupees twenty five lakhs;
   • (b) dissolve the committee of Management of the notified institutions having income of Rupees One lakh and above but below Rupees twenty five lakhs, as provided under section 28.
3. (3) The disputes falling within the jurisdiction of Zilla Dharmika Parishat, shall be resolved by a Nyayadhikarana consisting of a judicial member and the secretary of the Parishat.

Qualification and disqualification of the members of the Dharmika Parishats Qualification and disqualification of the members of the Dharmika Parishats.-

1. (1) The member of the Rajya Dharmika Parishat and Zilla Dharmika Parishat shall be a Hindu and he shall cease to hold office whenever cease to profess such religion.
2. (2) A person shall be disqualified for being appointed or for being continued as a member of the Parishat,-
   • (a) if he is an undischarged insolvent ;or
   • (b) if he is of unsound mind and stands so declared by a competent court; or
   • (c) if he has been sentenced by a criminal court for an offence involving moral turpitude; or
   • (d) if he has at anytime acted adverse to the interest of the Hindu Religious Institutions; or
   • (e) if he is addicted to intoxicating liquor or drugs or gambling.

Removal and disqualification of the members of the Rajya Dharmika Parishat and Zilla Dharmika Parishat.- The State Government may remove or disqualify a non-official member of the Rajya Dharmika Parishat or Zilla Dharmika Parishat on proven misconduct and misbehavior after holding such enquiry on such charges as it may deems fit.

Meeting of the Rajya Dharmika Parishad and Zilla Dharmika Parishat.-

1. (1) The periodical meetings of the Rajya Dharmika Parishat and Zilla Dharmika Parishat shall be held at such intervals as may be prescribed.
2. (2) The sitting fees and allowances payable to the members of the Rajya Dharmika Parishat and Zilla Dharmika parishat, shall be such as may be prescribed.

Control by the State Governments.- The State Government shall have general administrative and supervisory control over the activities and affairs of the Rajya Dharmika Parishat and Zilla Dharmika Parishat.

Adoption of smaller notified institution by larger institution or charitable institution.-

1. (1) Any notified institution whose annual gross income is less than rupees two lakhs may, with the prior approval of the Rajya Dharmika Parishat, be adopted for a period of five years by any other larger notified institution or declared institution or a math or a registered trust or association, whose object is also religious or charitable: Provided that the period of adoption may be extended by the Rajya Dharmika Parishat for sufficient and good reasons.
2. (2) The conditions of adoption shall be such as may be prescribed: Provided that the Rajya Dharmika Parishat may for sufficient reason terminate the adoption with due notice to the adopter. Omitted

²² Omitted