Chapter VI NOTIFIED INSTITUTIONS

Notified Institutions.- The State Government shall as soon as may be after the commencement of this Act publish by notification in respect of each revenue district, a list of;

1. (a) all Charitable Institutions and Hindu Religious Institutions which on the date of commencement of this Act are in the sole charge of the State Government under the provisions of Mysore Religious and Charitable Institutions Act, 1927 or for the benefit of which.
   • (i) any monthly or annual grant in perpetuity is made from public revenues: or
   • (ii) tasdik allowance under section 19 of Mysore Religious and Charitable Inams Abolition Act, 1955 is paid.
2. (b) all institutions registered under the Book of Endowments under the Hyderabad Endowment Regulations, 1349 F;
3. (c) all institutions governed by the then Madras Hindu Religious and Charitable Endowments Act, 1951;
4. (d) all institutions in Kodagu District which are governed by the Coorg Temple Funds Management Act, 1956;
5. (e) All Hindu Religious Institutions registered under the Bombay Public Trust Act, 1950;
6. (ee) All Hindu Religious Institutions which are in receipt of any monthly or annual grant from public revenue or any amount under the Karnataka Certain Inams (Abolition) Act, 1977.
7. (f) Sri Renuka Yellamma Temple, Saundatti, governed under the Renuka Yellamma Devasthana (Administration) Act, 1974;

Controlling Authorities.-

1. (1) subject to the powers and jurisdiction of the Rajya Dharmika Parishat the Commissioner shall be the Chief Controlling Authority in respect of all matters connected with notified institutions and he shall perform such duties and exercise such powers of superintendance and control as the state Government may by rules impose or as the case may be confer on him in respect of all or any class of notified institutions.
2. (2) The Deputy Commissioner shall subject to such terms and conditions as may by prescribed, be the immediate controlling authority in respect of notified institutions within his jurisdiction.
3. (3) The Assistant Commissioner shall subject to the authority of the Deputy Commissioner perform such duties and exercise such powers as may be prescribed.

Appointment of Executive Officer and term of office.-

1. (1) The State Government or the Commissioner as the case may be, may appoint any officer to be the executive officer to a notified institution or to a group of notified institutions.
2. (2) The cadre of the executive officer to be appointed to the notified institution may be, based on the income of such institution.
3. (3) The executive Officer shall hold office for such term as may be fixed by the State Government and he shall exercise such power and perform such duties as may be prescribed.
4. (4) The executive Officer shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code 1860.

Constitution of the Committee of Management.-

1. (1) There shall be constituted, in respect of one or more notified institutions by the Rajya Dharmika Parishat, if the gross annual income of the notified institutions exceeds rupees twenty five lakhs and the Zilla Dharmika Parishat if the annual income does not exceed rupees twenty five lakhs, a committee of Management consisting of not more than nine members from among the devotees and followers of Hindu Religious Institutions and beneficiaries of the charitable institutions and it shall consist of,-
   • (i) in the case of a temple the Pradhan Archak or Archak;
   • (ii) at least one among the Scheduled Castes or Scheduled Tribes;
   • (iii) two women;
   • (iv) at least one from among the persons living in the locality where the institution situated: Provided that in case of composite institution members from both Hindu and other religion may be appointed: Provided further that the Committee of Management in respect of notified institution be constituted according to the usage and practice prevailing therein: Provided also that every committee of Management or Pancha Committee or Dharmadarshi Committee or non hereditary trustees constituted or appointed under the repealed Acts who were lawfully holding office shall cease to hold such office from the date of commencement of the Karnataka Hindu Religious and Charitable Endowment (Second Amendment) Act, 2011. (2)
   • (a) The Rajya Dharmika Parishat and Zilla Dharmika Parishat, while constituting the Committee of Management under sub-section (1), shall have due regard to the religious denomination to which the institution or any section thereof belongs.
   • (b) The procedure for the constitution of Committee of Management, verification of antecedents and other matter if any, of the member shall be done in such manner as may be prescribed;
   • (c) No person shall be eligible to become a member in more than one Committee of Management at a time;
   • (d) No person, who is an office bearer of any political party at any level, shall become a member of the Committee of Management.
2. (3) No person shall be qualified for being appointed as member of the Committee of Management of a notified institution unless,-
   • (i) he has faith in God;
   • (ii) he has attained the age of twenty five years;
   • (iii) he possesses good conduct and reputation and commands respect in the locality in which the institution is situated.
3. (4) A person shall be disqualified for being appointed or continuing as a member of the Committee of Management of any notified institution,-
   • (i) if he is declared as an undischarged insolvent by a competent court; or
   • (ii) if he is of unsound mind and stands so declared by a competent court of law or if he is a deaf or mute or is suffering from virulent form of leprosy or contagious disease; or
   • (iii) if he has an interest direct or indirect in any subsisting lease of any property or of any contract made with, or is in arrears of any kind due by him to such institution; or
   • (iv) if he is appearing as a legal practitioner for or against the institution; or
   • (v) if he has been sentenced by a criminal court for an offence involving moral turpitude; such sentence not having been reversed or offence pardoned; or
   • (vi) if he has at any time acted adverse to the interest of the institution; or
   • (vii) if he is an office holder other than Archaka or a servant attached to or a person in receipt of any emolument or perquisite from such institution; or
   • (viii) if he is addicted to intoxication, liquor or drugs; or
   • (ix) if he is not a Hindu, or having been a Hindu has converted to any other religion.
4. (5) If a member of the committee of management is or becomes subject to any disqualification under sub-section (4), he shall automatically cease to be such member.
5. (6) If any question arises whether a member is or has become subject to any disqualification under sub-section (4), the Dharmika Parishat may either suo-moto or on a report made to it and after giving an opportunity, of being heard to the person concerned decide the question.

Provision relating to institution managed by Hereditary Trustee.-

1. (1) No committee of management shall be constituted in respect of the notified institutions managed exclusively by hereditary trustees. The power of management shall vest in such hereditary trustee.
2. (2) If there is no legal heir to succeed the office of the hereditary trustee, the Rajya Dharmika Parishat or the Zilla Dharmika Parishat, as the case may be, shall constitute the committee of management as provided under section 25.
3. (3) When a temporary vacancy occurs in the office of a hereditary trustee and if there is a dispute with regard to right of succession to such office and such vacancy cannot be filled up immediately or when a successor is a minor and has no guardian fit and willing to act or there is a dispute regard to as to who is entitled to succeed such office, the Rajya Dharmika Parishat may appoint a fit person to discharge functions of the office of hereditary trustee until the disability ceases or another successor succeeds to such office:

Power of the Deputy Commissioner to settle scheme for the administration of Charitable endowments and to decide certain other disputes Power of the Deputy Commissioner to settle scheme for the administration of Charitable endowments and to decide certain other disputes.-

1. (1) When the Deputy Commissioner has reason to believe that in the interest of the proper administration of Charitable endowments or a endowment attached to any notified institution or declared institution, a scheme shall be settled for such endowment or when not less than five persons having interest make an application in writing stating that in the interest of the proper administration of the endowment, a scheme shall be settled for it, the Deputy Commissioner shall on consultation with the Trustee or the Committee of Management or the persons having interest and if, after such consultation he is satisfied that is it necessary or desirable to do so, he shall by order, settle a scheme of administration of such Charitable endowment or endowment.
2. (2) The scheme settled under this section for the administration of Charitable endowments may include certain provision for,-
   • (i) constitution of a body for the purpose of assisting in the administration of such Charitable endowments;
   • (ii) the method of selection of members for such committee from the persons having interest in such endowments;
   • (iii) defining the powers and duties of the committee;
3. (3) The Deputy Commissioner may determine the properties of the endowment and the list of such properties shall be appended to the scheme as a schedule.
4. (4) The Deputy Commissioner may at anytime after consulting trustees or committee by order modify or cancel any scheme in respect of an endowment which is in force and settled under sub-section
5. (1) or any scheme in force settled or modified by any courts or any earlier enactments: Provided that such cancellation or modification of a scheme in force settled or modified earlier shall be made only subject to such conditions and restrictions as may be imposed by the Deputy Commissioner.
6. (5) If the Deputy Commissioner is satisfied that any such scheme referred to in sub-section
7. (1) is inconsistent with the provisions of this Act and rules made thereunder he may, at anytime modify it in such a manner as may be necessary to bring it into conformity with the provisions of this Act and rules made there under.
8. (6) Whenever any question arises as to,-
   • (i) whether a particular property is the property of a notified institutions or declared institution under the Act; or
   • (ii) whether any property or money is either a religious endowment or specific endowment; or
   • (iii) whether any Archak or temple servant holds or held an office in any notified institution or declared institution on the basis of a hereditary right; or
   • (iv) whether any person is entitled by custom or otherwise to any honour, emolument or perquisite in any religious institution; and what is the existing usage of a notified or declared institution; or
   • (v) whether any institution or endowment is wholly or partly of a religious or of secular character and whether any property or money has been given wholly or partly for religious or secular purpose; or
   • (vi) where any property or money has been given for the support of an institution which is partly of a religious and partly of a secular character or the performance of any service or charity connected with such an institution or the performance of a charity which is partly of a religious and partly of a secular character or where any property or money given is appropriated partly to religious and partly to secular purposes, as to what portion of such property or money shall be allocated to religious purpose; or
   • (vii) to accord sanction of dittam and seva list in respect of notified institutions having gross annual income of rupees one lakh and above but below Rupees ten lakhs; or
   • (viii) any dispute between the servant of a notified institution and the committee of management.
     • • the Deputy Commissioner after hearing the parties concerned shall by order decide it.
9. (7) Any person aggrieved by any order passed by the Deputy Commissioner under any of the foregoing provisions, shall appeal within one month of the date of receipt of the order to the Commissioner.
10. (8) The Commissioner may after hearing the aggrieved person and other contending parties, pass appropriate order in accordance with law.

Term of Office of the Committee of Management and Election of Chairman.-

1. (1) Subject to the pleasure of the Rajya Dharmika Parishat or Zilla Dharmika Parishat as the case may be, members shall hold office for a term of three years unless in the meanwhile the Committee is dissolved or has ceased to function.
2. (2) Where the Committee of management is constituted under section 25, the members shall at the first meeting of the Committee, elect a Chairman from among themselves.
3. (3) The State Government or the prescribed authority may nominate the Executive Officer as Ex-officio Secretary of the Committee of Management in respect of any notified institution or institutions, without voting rights.
4. (4) in case of notified institutions managed by more than one hereditary trustee or founder trustee, the chairman shall be elected in accordance with such procedure as may be prescribed.

Meeting of the Committee of Management.- The Committee of Management shall meet at such intervals and follow such procedure in conducting its meetings, as may be prescribed.

Power to dissolve the Committee of Management.-

1. (1) The Rajya Dharmika Parishat or Zilla Dharmika Parishat as the case may be shall have power to disslove a Committee of Management including a member or hereditary trustee if after holding an enquiry in accordance with sub-section (2), it is satisfied that the committee has;
   • (a) failed to discharge the duties or perform the functions in accordance with the provisions of this Act or the rules made thereunder; or
   • (b) disobeyed any lawful orders issued under the provisions of this Act or the rules made thereunder by the State Government or the Commissioner, Deputy Commissioner or Assistant Commissioner; or
   • (c) committed any malfeasance or misfeasance or is guilty of breach of trust or misappropriation in respect of the properties of the institution or endowment;
2. (2) Where the Rajya Dharmika Parishat or Zilla Dharmika Parishat as the case may be proposes to take action under sub-section
3. (1) it shall frame the charge against the Chairman and give him an opportunity of meeting such charge or testing the evidence adduced against the charge and of adducing evidence in favour of the Committee; including a member or hereditary trustee and the order of dissolution shall state every charge framed against the Committee, including a member or hereditary trustee explanation offered by the committee including a member or hereditary trustee and the finding on such charge together with the reasons therefor.
4. (3) Pending enquiry under sub-section
5. (2) the Rajya Dharmika Parishat or Zilla Dharmika Parishat as the case may be may suspend the Committee including a member or hereditary trustee and appoint an administrator in accordance with section 29.

Appointment of Administrator.- The the Rajya Dharmika Parishat or the Zilla Dharmika Parishat shall appoint an officer of the State Government as Administrator in place of the Committee of management dissolved or suspended under sub-section

1. (1) or
2. (3) of section 28 or after the expiry of the term of office of the Committee under section 26 or for any other reasons and till a new Committee of Management is constituted or for a period of six months whichever is earlier. Provided that for the reasons to be recorded in writing the Rajya Dharmika Parishat or Zilla Dharmika Parishat, by order extend the said period by any further period, not exceeding six months at a time.

Filling up of casual vacancies Filling up of casual vacancies.- When a vacancy occurs, either by removal, resignation or other wise, of a member of the Committee of Management of a notified institution, the the Rajya Dharmika Parishat or the Zilla Dharmika Parishat as the case may be shall, subject to the provisions of section 25 fill up the vacancy by appointing a new member to the Committee.

Survey and publication of lands and other property of Notified Institutions Survey and publication of lands and other property of Notified Institutions.-

1. (1) The State Government may, by notification, appoint an Endowment Survey Officer and as many Assistant Endowment Survey Officers as may be necessary for the purpose of making survey of all the properties of the notified institutions in the State.
2. (2) All the Assistant Endowment Survey Officers shall perform their functions under the general supervision and control of Endowment Survey Officers.
3. (3) The Endowment Survey Officer shall, after making such enquiry, as he may consider necessary, submit his report in respect of the properties of every notified institutions or any part thereof to the State Government through the Endowment Commissioner containing the following particulars, namely:-
   • (a) the Survey number, extent, assessment of the each property of the notified institution;
   • (b) nature and description of the property with the object, if any;
   • (c) the income derived from each property to the notified institution;
   • (d) such other particulars relating to the property as may be prescribed.
4. (4) The endowment Survey Officer shall while making any enquiry with regard to any dispute have the same powers as are vested in a Civil Court under the code of civil procedure, 1908 in respect of the following matters, namely:-
   • (a) summoning and examining a witness;
   • (b) summoning and production of any document;
   • (c) requisitioning any public record from any office or any authority;
   • (d) issuing commission for examination of any witness or accounts or records;
   • (e) making any local inspection or local investigation;
   • (f) such other matters as may be prescribed.
5. (5) If during any such enquiry, any dispute arises as to whether a particular property is a property of notified institution or not it shall be decided after holding enquiry summoning the interested parties.
6. (6) The State Government may direct the Endowment Survey Officer to make a second or subsequent survey of particular property of the notified institution and while resurveying the property, he shall follow the procedure specified under sub-sections
7. (2) to (5).
8. (7) On the receipt a report under sub-section
9. (3) or sub-section (6), the State Government shall publish in the official Gazette the list of property of all the notified institutions on the date of commencement of the Karnataka Hindu Religious Institutions and Charitable Endowments (Amendment) Act, 2011 or on subsequent dates to which the report relates containing such other particulars as may be prescribed.
10. (8) After publication of such list under sub-section (7), every notified institution shall maintain a register of movable and immovable properties of the institution including the lands, building vacant sites, structures, valuables such as gold, silver, idols, utensils, precious stones, articles of antique value, paintings, inscriptions on metal, palm leaves and such other movable properties and submit to the prescribed authority for approval.
11. (9) After approval of such register, the Committee of Management or Trustees or the Executive Officer shall scrutinize the entries in the register every year and submit to the prescribed authority, a verified statement showing the alterations, omissions or additions required in the register for approval.
12. (10) The prescribed authority on receipt of register or statement may verify or get it verified through local officers and after satisfying the entries made therein, may accord approval of the same.
13. (11) Any alienation or transfer by way of sale, lease, gift, mortgage or otherwise of any land or other immovable property granted to or belonging to a notified institution and any act purporting to create any interest adverse to such institution in respect of such land or property shall be null and void unless such alienation or transfer is in the best interest of the institution and unless it is sanctioned under section 62.
14. (12) No articles of gold, silver or white metal, idols, utensils, precious stones, articles of antique value, paintings, ancient documents containing inscription on stone, metal and palm leaves and such other movable shall be disposed of in any manner without the permission of the State Government granted based on the report of the Commissioner.

Power in case of unauthorised alienation or transfer.- As soon as may be after any instance of alienation or transfer of an immovable property in violation of section 31 comes to notice, the Deputy Commissioner or the Assistant Commissioner or any other officer appointed by the State Government in this behalf shall, after such enquiry as may be prescribed, issue notice to the alienee or the person in possession, to restore possession of such immovable property to the notified institution to which they belonged within thirty days from the date of service of such notice and in default of compliance take steps to evict the occupant and to restore the property to the notified institution, in accordance with the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974.

Suits on behalf of notified institutions.- Where it is necessary to institute a suit or appeal or proceedings in any Court of law or authority , the Committee of Management or the executive Officer duly authorized by the committee of management may file the suit by engaging Counsel with the prior approval of the prescribed Authority:

Arrears of rent due to a Notified Institutions Arrears of rent due to a Notified Institution.-

1. (1) Where any person is in arrears of rent due to a notified institution, in respect of any building, the Assistant Commissioner may, by order require that person to pay the same within such time as may be specified in the order.
2. (2) Where any person is or has at any time been in unauthorised occupation of any building belonging to a notified institution, the Assistant Commissioner may having regard to such principles of assessment of damage as may be prescribed, assess the damage on account of the unlawful use and occupation of such building if any, may, by order require that person to pay the damages within such time as may be specified in the order : Provided that no such order shall be made until after issue of a notice in writing to the person calling upon him to show cause within such time as may be specified in the notice why an order should not be made and until his objections, if any, and any evidence he may produce in support of the same, have been considered by the Assistant Commissioner.
3. (3) If any person refuses or fails to pay the arrears payable under sub-section
4. (1) or the damages payable under sub-section
5. (2) within the time specified in the order relating thereto, the Assistant Commissioner may issue a certificate for the amount due to the Deputy Commissioner of the District, who shall proceed to recover the same as an arrears of land revenue.
6. (4) Any person aggrieved by the order of the Assistant Commissioner under sub-sections
7. (1) or
8. (2) may within thirty days from the date of receipt of such order appeal to the Deputy Commissioner having jurisdiction : Provided that an appeal filed after the expiry of the said period of thirty days may be entertained if the appellate authority is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
9. (5) Where an appeal is preferred under sub-section
10. (4) the enforcement of the order appealed against shall not be stayed unless the appellant has deposited an amount equal to fifty percent of the rent or damage, as the case may be, determined by the Assistant Commissioner under sub-sections
11. (1) or (2).
12. (6) The Deputy Commissioner may after holding such enquiry as he deems fit pass orders in appeal which shall be final and shall not be called in question in any suit, application or other proceeding before any Court or other authority.