Chapter IX POWERS AND FUNCTIONS OF COMMISSIONER AND OTHER OFFICERS

Power of Commissioner to issue directions.-

1. (1) Without prejudice to the generality of powers granted under section 3 and subject to other provisions of this Act, the Commissioner shall have power to issue general or special directions to the Chairman or Executive Officer or any person connected with the Management of a Notified Institution or a Delcared Institution to ensure that the Institution is properly administered and the income thereof is properly accounted for or duly appropriated and applied towards the objects and purposes of the institution and the Commissioner may also give appropriate directions to such person if he finds that any property of the Institution is in danger of being wasted, damaged, alienated or wrongfully sold, removed or disposed off.
2. (2) It shall be the duty of every person to whom such directions are issued to comply with the directions issued under sub-section (1).

Power to institute and hold enquiries.-

1. (1) The Commissioner or Deputy Commissioner or Assistant Commissioner may suo-motu or on receipt of a complaint in writing from any person having interest in any Notified Institution or Declared Institution, institute an enquiry with regard to the institution either generally or for any particular purpose.
2. (2) The Commissioner, Deputy Commissioner or Assistant Commissioner may either hold the enquiry himself or authorise any officer subordinate to him to hold the enquiry and the officer authorised to hold the enquiry shall after the enquiry, submit his report to the authorising officer.
3. (3) For the purpose of any such enquiry, the officer holding the enquiry may, by notice, require any person to attend at a specified time and place and give evidence or produce documents which are in his custody or control and which relate to any matter in question at the enquiry.
4. (4) Necessary expenses of any person for appearing to give evidence or produce documents for the purpose of the enquiry shall be paid in the manner prescribed.
5. (5) The Deputy Commissioner or the Assistant Commissioner to whom the report is submitted under sub-section
6. (2) shall forward the same to the Commissioner, who shall, if he is satisfied that there is a prima facie case against the Chairman, Executive Officer or other person connected with the Management of the Institution, take such steps as are necessary under the provisions of this Act, to protect the interest of the Institution.
7. (6) The Commissioner may at any stage of the enquiry call for the records of enquiry and examine the legality of any steps taken or order made and pass such order as he deems fit.

Power to take action for protection of property.-

1. (1) Where it is brought to the notice of the Commissioner by the Deputy Commissioner or Assistant Commissioner by a report or by an application signed by atleast two persons having interest in a Notified Institution or a Delcared Institution and supported by proper affidavits,-
   • (a) that any property belonging to the Notified Institution or delcared institution is in danger of being wasted, damaged or illegally alienated by any person; or
   • (b) that the Chairman, Manager, Executive Officer or other person is intending or making attempts to remove or alienate any such property illegally; The Commissioner may pass appropriate interim order to prevent the illegal removal or alienation of such property, on such terms as he thinks fit, for keeping of accounts, furnishing security, production of property or such other Act.
2. (2) The Commissioner shall in all such cases, except where it appears that the object of passing the interim order would be defeated or delayed, give notice of the facts brought to his notice to the person concerned before passing the order.
3. (3) After hearing the Chairman, Manager, Executive Officer or other person concerned and after holding such enquiry as he thinks fit, the Commissioner may confirm, discharge, vary or set aside the interim order or pass any other appropriate order.
4. (4) In case of disobedience or breach of the terms of any order passed under this section, the Commissioner may apply to the Court for an appropriate order to prevent the illegal removal or alienation of the property belonging to the Notified Institution or Delcared Institution. Omitted

⁵² Omitted

Registration of temples.-

1. (1) The Trustee, the Manager or any other person in charge of the Management of any temple, endowment other than temples notified under section 23 of the Act shall within ninety days from the date of commencement of the Karnataka Hindu Religious and Charitable Endowments (Amendment) Act, 2011 make an application for its registration to the Assistant Commissioner within whose jurisdiction such temple is situated: Provided that the Assistant Commissioner may for sufficient reasons to be recorded, extend time for making application.
2. (2) Every application made under sub-section
3. (1) shall contain the following particulars, namely:-
   • (i) The history and origin of the temple, its nature and the determination, if any.
   • (ii) Name of the founder, the name of past and present trustees.
   • (iii) Particulars of institutions or endowments and the scheme of administration, decree or any other record of the rights pertaining to the establishment of the institution.
   • (iv) Particulars of immovable and movable properties including jewels, gold, silver, precious stone, vessels, utensils belonging to the temple with estimated value and the securities, funds and annual income derived out of it.
4. (3) On receipt of application, the Assistant Commissioner shall after making such enquiry as he thinks fit, and on hearing the person having interest, pass an order for its registration and grant certificate to that effect containing the particulars furnished in the application with any alteration made by him as a result of his enquiry.
5. (4) The particulars relating to every temple contained in the certificate of registration granted under sub-section (3), shall be entered in register of temples maintained by the Assistant Commissioner, in respect of all institutions registered and one copy of entries made in the register, pertaining to every institution shall be furnished to the Deputy Commissioner and to the Commissioner.
6. (5) Where any trustee or other person incharge of the temple fails to apply for the registration of the temple, Assistant Commissioner shall give notice to such trustee or other person interested to make an application within the specified period and if he fails to make such an application within a period specified, the Assistant Commissioner may have the temple registered after following the procedure as may be prescribed and recover the cost incurred for such registration from the funds of the temple.

Encroachment upon lands and buildings.- Where the Assistant Commissioner has reason to believe that any person has encroached upon any land or building which is appertinant to or adjoins any sacred tank, well, spring or water course belonging to a notified institution or a declared institution whether situated within or outside the precincts thereof or any space within or outside the prakaras, mantaps, court yards or corridors of the institution, the Assistant Commissioner may cause to be served upon the encroacher a notice specifying the particulars of encroachment and calling upon him to show cause before a date to be specified in the notice why an order requiring him to remove the encroachment should not be made. A copy of the notice shall also be sent to the Chairman, Manager or such other person interested in the institution and after considering the objections, if any, of the encroacher and the Chairman, Manager or such other person, the Assistant Commissioner may, if he decides that there has been an encroachment, by order, require the encroacher to remove the encroachment and deliver possession of the land or building encroched upon, to the Chairman, Manager or such other person interested in the institution before the date to be specified in the order.

1. (2) Where before the date specified in the order under sub-section (1), the encroacher has not removed the encroachment and has not vacated the land, building or place, the Assistant Commissioner shall take steps to resume and restore such land, building or place to the Institution in accordance with the provisions of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974.

Power of Eviction of lessee, licensee or mortgagee with possession in certain cases.-

1. (1) Where the Assistant Commissioner is of the opinion that the lessee, licensee or mortgagee with possession of any land or building belonging to a Notified Institution or a Declared Institution has taken any action which has marred or is likely to mar the artistic appearance, aesthetic beauty or religious character of the Institution, the Assistant Commissioner shall cause to be served on the lessee, licensee or mortgagee concerned, a notice calling upon him to show cause why an order terminating the lease or licence or mortgage and directing delivery of possession to the Chairman, Manger, Executive Officer or other person concerned with the affairs of the Institution before a specific date, should not be made. A copy of the notice shall also be served on the Chairman, Manager, Executive Officer or other person of the Institution.
2. (2) After considering the objections, if any received from the lessee, licensee or mortgagee, the Assistant Commissioner may, if he decides that the artistic appearance, aesthetic beauty or the religious character has been marred or is likely to be marred by the action of the lessee, licence or mortgagee, by order terminate the lease or licence or mortgage and direct delivery of possession of the property to the Chairman, Manager or Executive Officer or other person managing the affairs of the Institution before a date to be specified in the order.
3. (3) Where before the date specified in the order under sub-section (2), the lessee, licensee or mortgagee has not delivered the provision of the property the Assistant Commissioner may take steps to recover and restore the property to the Institution under the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974.

Power to put Chairman or Executive Officer in possession.- Where a person has been appointed as Chairman, Manager or Executive Officer of a Notified Institution or Declared Institution to discharge the functions as such, in accordance with the provisions of this Act and he is prevented by any person from taking possession of the records, accounts and properties thereof, the Deputy Commissioner shall, by order, direct that the records, accounts and properties be handed over to such Chairman,

Chairman or Executive Officer not to lend or borrow moneys Chairman or Executive Officer not to lend or borrow moneys.- No Chairman, Manager or Executive Officer shall either lend or borrow money for the purpose of or on behalf of the Notified Institution or Declared

Commissioner, etc., to observe appropriate customs, usage's and practices Commissioner, etc., to observe appropriate customs, usage's and practices.- The Commissioner, the Deputy Commissioner, and Assistant Commissioner and every other person exercising powers or performing functions under the Act shall not interfere with, and shall observe the customs, usages, ceremonies and practices appropriate to the Notified

Power to decide questions affecting Hindu Religious or Charitable purpose Power to decide questions affecting Hindu Religious or Charitable purpose.-

1. (1) If in any suit or legal proceedings it appears to the Court that any question affecting a religious or charitable purpose relating to a Notified Institution or a Declared Institution is involved, the court shall not proceed to determine such question until after notice has been served on the Deputy Commissioner or the Assistant Commissioner having jurisdiction.
2. (2) If, upon receipt of such notice or otherwise, the Deputy Commissioner or Assistant Commissioner makes any application in that behalf, he shall be added as a necessary party at any stage of such suit or proceeding.
3. (3) For the purpose of this Section 'Court' means any Civil Court of competent jurisdiction in the State of Karnataka.

Power of Inspection and Supervision.-

1. (1) The Commissioner, the Deputy Commissioner or the Assistant Commissioner or any other Officer generally or specifically empowered by the State Government in this behalf shall have the power;
   • (a) to enter upon and inspect or cause to be entered upon and inspected any property belonging to a Hindu Religious Institution :
   • (b) to call for any extract from or inspect any proceedings of any Hindu Religious Institution and any books of account in the possession of or under the control of the Chairman, Manager, Executive Officer or any other person managing the affairs of such institution ;
   • (c) to call for any return, statement, account or report which he may think fit, from any person connected with a Hindu Religious institution ; Provided that in entering upon any property belonging to a religious institution, the officers making the entry and inspection shall not enter without first giving reasonable notice to the Chairman, Manager, Executive Officer or other person and shall not conduct himself without due regard to the religious practice, custom or usage of the Institution.
2. (2) If, on inspection or examination of the books of accounts or of a report called under sub-section (1), any act or omission on the part of the Chairman, Manager, Executive Officer or any other person connected with the institution is found resulting in loss to the institution, the Commissioner, the Deputy Commissioner or the Assistant Commissioner, as the case may be, shall require such person to submit an explanation within such time, as he thinks fit.
3. (3) If, upon consideration of the books of accounts or of a report called for under sub-section
4. (1) and the explanation if any submitted under sub- section
5. (2) and after holding an enquiry in the prescribed manner, the Commissioner, the Deputy Commissioner or the Assistant Commissioner is satisfied that any person connected with the Hindu Religious Institution has been guilty of gross negligence, breach of trust or misconduct which has resulted in loss to the Hindu religious Institution, he shall record a finding accordingly.
6. (4) If the finding is by the Assistant Commissioner he shall submit it to the Deputy Commissioner who shall forward it to the Commissioner with his remarks, and if the finding is by the Deputy Commissioner he shall submit it to the Commissioner.
7. (5) The Commissioner, shall after examining the records of the Deputy Commissioner or the Assistant Commissioner or both and after giving an opportunity to the person concerned and holding such further enquiry as he thinks fit, determine;
   • (a) the amount of loss caused to the Hindu Religious Institution;
   • (b) whether such loss was due to any gross negligence, breach of trust, misapplication or misconduct on the part of any person.
   • (c) whether the Chairman, Manager, Executive Officer or any other person was responsible for such loss;
   • (d) the amount which the Chairman, Manager or the Executive Officer or any other person is liable to pay to the Hindu Religious Institution for such loss.
8. (6) On such determination under sub-section
9. (5) that any person is liable to pay to the Hindu Religious Institution any amount for the loss caused to the institution, the Commissioner may direct that the amount shall be surcharged on such person.
10. (7) The Deputy Commissioner of the District in which any property of the Chairman or other person from whom an amount is recoverable by way of surcharge is situated shall on requisition made by the Assistant Commissioner, recover such amount as if it were an arrears of land revenue and pay the same to the Notified Institution concerned.
11. (8) If the surcharge is against the Executive Officer, it shall be recovered out of his salary and other amounts payable to him, as may be ordered by the authority.

Investment of Money belonging to a Notified Institution or Declared Institution.- All monies belonging to a Notified Institution or a Declared Institution and not required for immediate use shall be deposited only in a Nationalised Bank or with the permission of the State Government in any Scheduled Bank or Banking Institution approved by the State

Alienation of Immoveable Property Alienation of Immoveable Property.-

1. (1) Any exchange, gift, sale or mortgage or lease of any immovable property belonging to or given or endowed for the purpose of any Notified Institution or a Declared Institution shall be null and void unless it is sanctioned by the State Government as being necessary or beneficial to the Institution and such sanction shall be made subject to such restrictions or conditions as may be prescribed : Provided that before such sanction is accorded, particulars relating to the proposed transaction shall be published in such manner as may be prescribed, inviting objections and suggestions and all objections and suggestions received in that behalf shall be duly considered by the State Government.
2. (2) Where it is found subsequently that the permission under sub- section
3. (1) has been obtained by fraud or misrepresentation the State Government shall be competent to cancel the permission so granted, after giving due opportunity of being heard to all the concerned.
4. (3) Every sale of immovable property sanctioned under sub-section (1) shall be effected by public auction in the prescribed manner and subject to confirmation by the Commissioner within a period to be prescribed : Provided that the State Government may in the interest of the Notified Institution or the Declared Institution and for reasons to be recorded in writing permit the sale of such immovable property otherwise than by public auction.
5. (4) Whenever any alienation, transfer or other act in respect of immovable property which is not valid under sub-section
6. (1) comes to the knowledge of the Assistant Commissioner, he may after such inquiry as he deems necessary to make issue notice to the alienee or other person in possession to restore such land to the institution to which it belongs within three months from the date of service of notice and in default of compliance the Assistant Commissioner shall take steps to resume and restore such land or building to the institution in accordance with the provisions of the Karnataka Public Premises (Eviction of unauthorised Occupants) Act, 1974.