Amendment of section 21

Amendment of section 21.- For section 21 of the principal Act, the following shall be substituted, namely:- "21 Zilla Dharmika Parishat.-

1. (1) The State Government may, on the recommendation of the Rajya Dharmika Parishat, by notification, in the official Gazette, constitute a Zilla Dharmika Parishat to each district or to one or more districts consisting of the following members, namely:-
   • (a) The Deputy Commissioner of the concerned District Chairman
   • (b) The concerned Assistant Commissioner, Hindu Religious Institution and Charitable Endowments wherever available or Endowment Tahsildar or Endowment Assistant of the Deputy Commissioners Office. Ex-officio Secretary
   • (c) Members to be nominated by Government for a period of three years
     • (i) one retired Judicial Officer not below the cadre of Civil Judge (Senior Division) Member
     • (ii) one Agama Pandit Member
     • (iii) one Vedic Scholar Member
     • (iv) one from scheduled Caste or Scheduled Tribe Member
     • (v) one woman Member
     • (vi) one person from backward classes Member
     • (vii) two others Member
2. (2) Members nominated by Government under clause
   • (iii) of sub-section
3. (1) except a retired Judicial Officer, shall hold office subject to the pleasure of Government.
4. (3) The person 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 lelvel.
5. (4) In the event of any vacancy due to death, resignation or otherwise the Government may appoint a person for the remaining period of the term of such member.
6. (5) The Zilla 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 allowance as may be prescribed.
7. (6) The Government or Rajya Dharmika Parishat may, by notification, delegate any of its powers and functions under the provisions of this Act except the power to make rules to the Zilla Dharmika Parishat.
8. (7) In the absence of the Chairman, Vice-Chairman shall preside over the meeting of the Zilla Dharmika Parishat.
9. (8) In the absence of nominated member of Zilla Dharmika Parishat, the remaining members shall constitute the Zilla Dharmika Parishat.
10. (9) All the correspondence in respect of Zilla Dharmika Parishat shall be made by or to the Secretary, Zilla Dharmika Parishat including the power to sue or be sued. 21A. Powers and functions of the Zilla Dharmika Parishat.-
11. (1) The Zilla Dharmika Parishat shall exercise such powers and perform such duties and functions as may be prescribed.
12. (2) The Zilla Dharmika Parishat in addition to the powers, duties and functions under sub-section (1), shall have power to,-
    • (a) constitute a Committee of Management to the notified institutions having gross annual income of Rupees One lakh and above but below Rupees Ten lakhs;
    • (b) dissolve the committee of Management of the notified institutions having income of Rupees One lakh and above but below Rupees Ten lakhs, as provided under section 28.
13. (3) The disputes falling within the jurisdiction of Zilla Dharmika Parishat, shall be resolved by a Nyayadhikarana consisting of a judicial member and the secretary of the Parishat. If there is any difference of opinion among them the issue shall be decided by the Zilla Dharmika Parishat. 21B. Qualification and disqualification of the members of the Dharmika Parishats.-
14. (1) The member of the Rajya Dharmika Parishat and Zilla Dharmika Parishat shall be a Hindu and he shall cease to hold office whenever cease to profess such religion.
15. (2) A person shall be disqualified for being appointed or for being continued as a member of the Parishat,-
    • (a) if he is an undischarged insolvent ;or
    • (b) if he is of unsound mind and stands so declared by a competent court; or
    • (c) if he has been sentenced by a criminal court for an offence involving moral turpitude; or
    • (d) if he has at anytime acted adverse to the interest of the Hindu Religious Institutions; or
    • (e) if he is addicted to intoxicating liquor or drugs or gambling. 21C. Removal and disqualification of the members of the Rajya Dharmika Parishat and Zilla Dharmika Parishat.- The State Government may remove or disqualify a non-official member of the Rajya Dharmika Parishat or Zilla Dharmika Parishat on proven misconduct and misbehavior after holding such enquiry on such charges as it may deems fit. 21D. Meeting of the Rajya Dharmika Parishad and Zilla Dharmika Parishat.-
16. (1) The periodical meetings of the Rajya Dharmika Parishat and Zilla Dharmika Parishat shall be held at such intervals as may be prescribed.
17. (2) The sitting fees and allowances payable to the members of the Rajya Dharmika Parishat and Zilla Dharmika parishat, shall be such as may be prescribed. 21E. Control by the State Governments.- The State Government shall have general administrative and supervisory control over the activities and affairs of the Rajya Dharmika Parishat and Zilla Dharmika Parishat. 21F. Adoption of smaller notified institution by larger institution or charitable institution.-
18. (1) Any notified institution whose annual gross income is less than rupees two lakhs may, with the prior approval of the Rajya Dharmika Parishat, be adopted for a period of five years by any other larger notified institution or declared institution or a math or a registered trust or association, whose object is also religious or charitable: Provided that the period of adoption may be extended by the Rajya Dharmika Parishat for sufficient and good reasons.
19. (2) The conditions of adoption shall be such as may be prescribed: Provided that the Rajya Dharmika Parishat may for sufficient reason terminate the adoption with due notice to the adopter.”