Constitution of the Committee of Management

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Management or Pancha Committee or Dharmadarshi Committee or non hereditary trustees constituted or appointed under the repealed Acts who were lawfully holding office shall cease to hold such office from the date of commencement of the Karnataka Hindu Religious and Charitable Endowment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.