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Hindu Religious Institutions and Charitable Endowments Act, 1997 Chapter XI - Bare Act

StateKarnataka Government
Section TitleMiscellaneous
Act Info:

(1) Notwithstanding anything contained in this Act or in any text, rule of interpretation of Hindu Law or any custom or usage forming part of the law or in any other law or in any decree of court, no discrimination shall be made in the distribution of prasada or theertha in any temple or other religious place on grounds only of caste, sex, place of birth, or any of them.

Explanation.--In this section,-

(a) 'Prasada' means any cooked rice or other eatable, any fruits, flower, leaf, vibuthi, kumkuma, tulsi, bilwari, turmeric, sandal paste or other like thing distributed as prasada by whatsoever name called;

(b) 'Theertha' means sacred water, jaggery water or milk and includes other like things distributed as theertha in a temple by whatsoever name called;

(2) Nothing contained in this Act shall, save as otherwise provided in sub-section (1) and in clause (2) of Article 25 of the Constitution, be deemed to confer any power or impose any duty in contravention of the rights conferred on any religious denomination or any section thereof by Article 26 of the Constitution.

Section 70 - Commissioner, and other Officers to be Public Servants

The Commissioner, Deputy Commissioners, Assistant Commissioners and other subordinate officers appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code and the Prevention of Corruption Act, 1988 (Central Act 49 of 1988).

Section 71 - Costs and expenses incurred on legal proceedings by the Commissioner, etc.

All costs, charges and expenses incurred by the Commissioner or the Deputy Commissioner or Assistant Commissioner as a party to, or in connection with legal proceedings under this Act in respect of any Hindu Religious institution or Charitable Endowment shall, be payable out of the property or funds of such institution, except in case where the liability to pay the sum has been laid on any party or other person personally and the right to reimbursement under this section has been negated in express terms.

Section 72 - Costs of proceedings before Courts

The costs, charges and expenses of and incidental to any suit, appeal or application under this Act before any court including the High Court, shall be in the discretion of the Court, which may direct the whole or part of such costs, charges and expenses to be met from the property or funds of the religious institution concerned or to be borne and paid in such manner and by such person as it thinks fit.

Section 73 - Costs of proceedings before the Commissioner or the Deputy Commissioner or Assistant Commissioner

The costs, charges and expenses of, and incidental to, any appeal, application or other proceeding before the Commissioner or the Deputy Commissioner or the Assistant Commissioner shall be in his discretion and he shall have full power to determine by whom or out of what property or funds and to what extent such costs charges and expenses are to be paid.

Section 74 - Court fees

Notwithstanding anything contained in the Karnataka Court Fees and Suits Valuation Act, 1958, no Court fee shall be payable in respect of any suit, petition or application filled under this Act by the Commissioner, Deputy Commissioner or Assistant Commissioner in his official capacity.

Section 75 - Immunity from suits and proceedings.

(1) No suit, prosecution of other proceedings shall be instituted against the State Government or any officer or authority in respect of anything done or purported to be done in good faith under this Act.

(2) No suit shall, without the previous sanction of the State Government, be instituted against the Commissioner in respect of a Charitable Institution or Hindu Religious Institution of which he has been appointed or authorised to act as a Trustee or Manager or such other position.

Section 76 - Power to make Rules

(1) The State Government may, after previous publication and by notification, make such rules as may be necessary for the purposes of carrying into effect the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing provisions, such rules may provide for all or any of the following matters, namely,-

(a) designation, powers, duties and functions of subordinate officers appointed under section 5 ;

(b) regulation of emoluments, hours of work and conditions of service of Archakas under section 12, and of the temple servants under section 15;

(c) pattern of temple servants under section 14 ;

(d) conduct of affairs of the Advisory Committee under section 20 ;

(e) duties and powers of superintendence and control, which the Commissioner, Deputy Commissioner or Assistant Commissioner has to perform or exercise generally or in respect of a notified institution under section 24 ;

(f) the authority competent to constitute the committee of management under section 25 and the procedure for appointment of members of such committee and verification of their antecedents and other matters;

(g) the procedure for conduct of meetings of the committee of management under section 27 ;

(h) the form of appeal and the fee to be paid for filing an appeal under the Act;

(i) the form and manner of submissions of annual audited accounts and property statements under section 41 ;

(j) the manner of enquiry under section 43 ;

(k) the inspection of documents and the fees to be levied for such inspection;

(l) the fees to be levied for the issue and service of processes and notices;

(m) the grant of certified copies and the fees to be levied thereof;

(n) the form of budget to be submitted by the Chairman, Manager, Executive Officer or such other person under Chapter VII;

(o) the percentage of audit fee;

(p) the preservation, maintenance, management and improvement of the properties and buildings of Notified Institutions and Declared Institutions including architectural, sculptural and epigraphical features;

(q) the particulars which an account should contain and the manner in which the accounts of Notified Institutions shall be audited and the time and place of audit and the form and contents of the auditor's report;

(r) the preparation and sanction of the estimates and acceptance of tenders in respect of constructions and for supply of stocks to Notified Institutions;

(s) paying expenses of a person attending an enquiry under section 50;

(t) any other matter which has to be or may be prescribed under the Act.

(3) Every rule made under this section and every notification issued under section 77 shall be laid as soon as may be after it is made or issued before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the sessions immediately following, both Houses in making any modification in the rule or order or that the rule or order should not be made, the rule or order shall thereafter have effect only in such modified form or be of no effect, as the case may be, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or order.

Section 77 - Power to remove difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act in consequence of the transition to the said provisions from the provisions of the Acts in force immediately before the commencement of this Act, the State Government may, by notification make such provisions as appear to it to be necessary or expedient for removing the difficulty.

(2) If any difficulty arises in giving effect to the provisions of this Act (otherwise than in commencement of this Act), the State Government may, by notification, make such provisions not inconsistent with the purposes of this Act, as appear to it to be necessary or expedient for removing the difficulty.

(3) The provisions made by any notification under sub-section (1) or sub-section (2) shall have effect as if enacted in this Act and any such notification may be made so as to be retrospective to any date not earlier than the appointed day.

Section 78 - Repeal and Savings

(1) The following enactments, namely:-

(a) The Religious Endowments Act, 1863 (Central Act XX of 1863);

(b) The Charitable Endowments Act, 1890 (Central Act VI of 1890);

(c) The Charitable and Religious Trusts Act, 1920 (Central Act No. XIV of 1920);

shall not apply to the Charitable Endowments and Hindu Religious Institutions governed under this Act.

(2) The following enactments namely:-

(a) The Bombay Public Trust Act, 1950 (Bombay Act No. XXIX of 1950);

(b) The Madras Hindu Religious and Charitable Endowments Act, 1951 (Madras Act XIX of 1951);

(c) The Coorg Temple Funds Management Regulation, 1892 (Regulation IV of 1892).

(d) the Mysore Religious and Charitable Institutions Act, 1927 (Mysore Act VII of 1927); and

(e) the Hyderabad Endowment Regulations, 1349F;

(f) The Renuka Yellamma Devasthana (Administration) Act, 1974 (Karnataka Act 34 of 1974).

(g) The Coorg Temples Fund Management Act, 1956 (Coorg Act VIII of 1956).

are hereby repealed;

Provided that section 6 of the Karnataka General Clauses Act, 1899 (Karnataka Act III of 1899) shall be applicable in respect of the repeal of the said enactment and section 8 and section 24 of the said Act shall be applicable as if the said enactments are repealed and re-enacted by this Act.

Section 79 - Amendment of Karnataka Act 32 of 1974

In the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 (Karnataka Act 32 of 1974), in section 2, in clause (e), for sub-clause (iv), the following shall be substituted, namely:-

"(iv) a Notified Institution or Declared Institution under the Karnataka Hindu Religious Institutions and Charitable Endowments Act 1997".

The above translation of the d}rd { |d Lg yK |{ {"Kg %3/4, 1997 (2001p d}rd %3/4 fX 33) be published in the official Gazette under clause (3) of Article 348 of the constitution of India.

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