Chapter VIII DECLARED INSTITUTIONS

Declared Institutions.- The State Government may, where it is satisfied on a report of the Commissioner under section 43 or otherwise that any Hindu Religious Institution, whether or not governed by a settled scheme, is being mismanaged, declare such institution to be subject to the regulation of this chapter.

Notice to show casue Notice to show casue.-

1. (1) Where the Commissioner has reason to believe that a Hindu Religious Institution whether or not governed by a settled scheme is being mismanaged and he is satisfied that in the interest of its administration, it is necessary to take proceedings under this chapter, he may, by notice published in the prescribed manner, call upon the Manager and all other persons having interest, to show cause why such institution should not be declared to be subject to the provisions of this Chapter.
2. (2) Such notice shall state the reasons for the action proposed and specify a reasonable time, not being less than one month from the date of issue of the notice, for showing such cause.
3. (3) The Manager or any person having interest may thereupon prefer his objections, if any, to the issue of a declaration under this chapter.
4. (4) Such objections shall be in writing and shall reach the Commissioner before the expiry of the time specified in the notice aforesaid or within such further time not exceeding forty five days on the whole as may be extended by the Commissioner.
5. (5) Where no objections are received within the time so specified or extended, the State Government may, on receipt of a report from the Commissioner to that effect, by a notification published in the official Gazette declare such Hindu Religious Institution to be subject to the provisions of this Chapter.
6. (6) Where objections are received within the time so specified or extended, the Commissioner may authorise any officer subordinate to him to hold an enquiry into the objections in the manner prescribed who shall after giving the Manager or any person having interest an opportunity of being heard submit his enquiry report to the Commissioner as to whether or not the Institution should be declared to be subject to the provisions of this Chapter.
7. (7) After considering the enquiry report referred to in sub-section (6), if the Commissioner decides that the Institution should be declared as aforesaid, he shall make a report to that effect to the State Government, which may, by notification declare such Hindu religious Institution to be subject to the provisions of this Chapter.
8. (8) Every Notification issued under sub-section
9. (5) or
10. (7) shall remain in force for such period as may be specified therein and which may be extended further, so however that the total period shall not exceed five years from the date of the first notification, or till a new Committee of Management is formed to the satisfaction of the State Government whichever is earlier.
11. (9) Where a new Committee is formed to the satisfaction of the State Government, the State Government may on its own or on the report of the Commissioner direct the Executive Officer appointed for the institution to handover the management of the Institution to the new committee of management.

Effect of Declaration.- Where any Hindu Religious Institution is declared under section 42, the Committee of Management of the Institution by whatever name called shall from the date of such declaration stand dissolved and its administration shall vest in the State Government to be regulated in the manner hereinafter provided.

Appointment of Salaried Executive Officer.- For every Institution declared under this Chapter, the Commissioner shall, as soon as may be after the declaration is issued appoint a salaried Executive Officer for the proper administration of the Institution.

Term of office and duties of Executive Officer.-

1. (1) The Executive Officer shall hold office for such term as may be fixed by the Commissioner and he shall exercise such power and perform such duties as are assigned to him by the Commissioner: Provided that only such powers and duties as relate to the administration of the properties of the religious institution shall be assigned to the Executive Officer.
2. (2) The Executive Officer shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860.

Action against Executive Officer.- The Commissioner, may for good and sufficient cause, suspend an executive officer or initiate disciplinary proceedings against him for any misconduct in accordance with the Karnataka Civil Services, (Classification, Control and Appeal Rules) 1957.

Application of the Provisions of Chapters VI and VII in certain cases.- Notwithstanding anything contained in sub-section

1. (8) of section 43, the State Government may while passing orders under sub-section
2. (7) or during currency of the notification issued under sub-section
3. (5) or
4. (7) thereof declare, for reasons to be recorded in writing, that in respect of any Declared Institution, the provisions of Chapter VI and VII shall apply as if the institution is a notified institution under section 23: Provided that no such declaration shall be made except after further notice is issued for the purpose, to the Institution concerned.