Amendment of section 20

Amendment of section 20.- For section 20 of the principal Act, the following shall be substituted, namely:- “20. 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 three 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. 20A. The powers and functions of the Rajya Dharmika Parishat.- The powers and functions of the Rajya Dharmika Parishat shall be as follows, namely:-
9. (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.
10. (2) The Rajya Dharmika Parishat,-
    • (i) may constitute a Committee of Management to the notified institution having gross annual income of rupees ten 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 ten 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.”