Court : Karnataka
Reported in : 2007(1)KarLJ1
..... deals with appointment of commissioner, deputy commissioner etc. an ias officer is to be the commissioner for hindu religious institutions and charitable endowments. there would be deputy commissioner and there would be assistant commissioner for implementing the act. chapter ii provides for subordinate officers and delegation of powers.chapter iii deals with archaks and temple servants. appointment of archak, qualifications for archaks are provided under sections 9 and 10 of the ..... each one of the cases. the state government in terms of the powers conferred on then has chosen to enact a law by name the karnataka hindu religious institutions and charitable endowments act, 1997 and the rules framed thereunder. the said act in terms of the statement of objects and reasons was enacted in the light of a longstanding public demand to bring about a uniform law to ..... public demand to provide for regulation of all charitable endowment and hindu religious institutions in this state. it was with these two laudable objects, the state government enacted 1997 act and repealed all the earlier five acts namely, 1) the karnataka religious and charitable institution act, 1927 2) the madras hindu religious and charitable endowment act, 1951 3) the bombay public trust act, 1950 4) hyderabad endowment regulations act 5) the coorg temple funds management act, 1956. the history therefore reveals that the .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2005KAR5241; 2005(5)KarLJ481
..... and to the hindu religious institutions and charitable endowments notified by the state government. the act shall not apply to mutt or a temple attached thereto and the institutions run or managed by hindu religious denominations. for the purpose of application of act, the word 'hindu' does not include a buddhist, jain or sikh as defined under section 2(16) of the act.10. sections 3 to 8 in chapter ii of the act deals with ..... by state government to the commissioner. sections 9 to 16 in chapter iii of the act, deals with appointment of archakas and temple servants, their qualifications, emoluments, service condition, misconduct, penalty, termination, retirement etc.11. sections 17 to 19 in chapter iv of the act, deals with creation of common pool fund. the notified institution under the act has to contribute five per cent of its gross annul income after ..... hold enquiry in accordance with law.for the reasons stated above the following order.-(i) all the writ petitions are hereby dismissed;(ii) i hold that the karnataka hindu religious institutions and charitable endowments act, 1997 and the karnataka hindu religious institutions and charitable endowments rules, 2002, as valid and constitutional;(iii) liberty is reserved to the petitioners who are aggrieved by their inclusion in the notifications issued under section 23 of the .....Tag this Judgment!
Court : Karnataka Dharwad
..... column 1, 2 and 3, respectively, in a tabular form: section as under the karnataka hindu religious institutions and charitable endowments act, 1997 (karnataka act 33 of 2001)section as amended vide act no. 27/2011section as amended vide act no. 12/2012section 1(4) : it shall not apply (i) to a mutt or a temple attached, thereto; (ii) to any hindu religious institution or charitable endowment founded, organized run or managed by hindu religious denomination.substituted as:- section ..... shown in chapter ix. ? it was found that the law was covered ..... on the following provisions of the act: sections 3 to 8 in chapter ii deals with the powers of the commissioner. chapter iii deals with the appointment of archakas and temple servants, emoluments, salary etc. common pool fund is created in terms of chapter iv. advisory committee is constituted in terms of chapter v. notifying institutions are referred in chapter vii and declared institutions are suggested in chapter viii. powers of the commissioner are .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2007(5)ALD832
..... members of veeravalli family. however, ttd got included suit temple in the list of minor temples without consent of dharmakarthas. but, there is no divestment of management under section 34 of a.p. charitable and hindu religious institutions and endowments act, 1966 (act no. 17 of 1966, for brevity). therefore, the plaintiff cannot be treated as office holder or servant of ttd. the plaintiff and his predecessors were complying with ..... . inherently visited with mismanagement or misappropriation of the property of the charitable or hindu religious institutions or endowments, the object of the endowment etc. thereby getting defeated. with a view to remedy the same and to effectuate proper and efficient management and governance of charitable and hindu religious institutions and endowments, the act was enacted. instead of management by a single person, chapter iii introduced in sections 15, 17, 18 and 19 as a ..... founders or their legal heirs, hereditary archakas or hereditary trustees (or their legal heirs) have been given limited rights, of course again subject to the provisions of the act no. 30 of 1987 and/or the rules made thereunder. therefore, if the petitioner is able to succeed in his contention that ex. a.11, dated 17.02.1997, terminating the petitioner is illegal .....Tag this Judgment!
Court : Chennai
Reported in : (1968)2MLJ41
..... that the commissioner under the hindu religious and charitable endowments act is a government servant and therefore a notice under section 80 is necessary.6. in order to appreciate the contentions advanced, it is necessary to refer to certain statutory provisions. section 6, clause 18 of the hindu religious and charitable endowments act, 1959 deftness a 'religious institution' as a math, temple or specific endowment. clause 20 of the section defines ' temple ' thus:a place, by ..... commissioner or a deputy commissioner only when he is conducting an inquiry or hearing an appeal under chapter v or chapter vi. as i pointed, out already, the area committee exercised its powers, in appointing defendants 1 to 3 as trustees, under section 49 which falls under chapter iii of the act; and the commissioner exercised his power of revision under section 21 which falls under ..... chapter ii of the act. consequently i am unable to accept this contention of mr. govindachari.15. in relation to the commissioner .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 1996IAD(SC)684; AIR1996SC1023; 1996(3)ALT1(SC); JT1996(1)SC516; 1996(4)KarLJ252; 1996(1)SCALE405; (1996)2SCC498; 1SCR603; 1996(1)LC265(SC)
..... any archaka, office holder or servant towards remuneration or otherwise for rendering service and for defraying the 'paditharam' and other expenses connected with the service or management of the temple, shall stand abolished with effect on and from the commencement of this act.10. the object of the act is to consolidate and amend the law relating to the administration and governance of charitable and hindu religious institutions and endowments ..... . inherently visited with mismanagement or misappropriation of the property of the charitable or hindu religious institutions or endowments, the object of the endowment etc. thereby getting defeated. with a view to remedy the same and to effectuate proper and efficient management and governance of charitable and hindu religious institutions and endowments, the act was enacted. instead of management by a single person chapter iii introduced in section 15, 17, 18 and 19 as a ..... of the right to hereditary trusteeship, therefore, cannot be declared to be unconstitutional.24. chapter iii relates to administration and management of charitable and hindu religious institutions and endowments, as its heading indicates. by operation of scheme 14 all properties belonging to or given or endowed to a charitable or religious institution or endowment shall vest in that institution. a scheme has been evolved therein first to abolish the hereditary right in trusteeship .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 1996IIIAD(SC)135; AIR1996SC1765; JT1996(3)SC482; 1996(2)SCALE911; (1996)9SCC548; 3SCR543
..... petitions and transfer cases concerned the constitutionality of sections 34, 35, 37, 39 and 144 of the andhra pradesh charitable and hindu religious institutions and endowments act (for short, the 'act') abolishing hereditary rights of archaka, mirasidars, gamekars and other office-holders and servants like hereditary karnam of dwarka thirumalai temple in west godavari district. the facts in writ petition no. 638/87 are sufficient for consideration of questions raised ..... the word is clearly derived from the root 'dh.r' - which denotes : 'upholding', 'supporting, 'nourishing' - that which upholds is dharma. in the vana parva of the mahabharata, verse-58 in chapter 69 says :(dharma is for the stability of society, the maintenance of social order and the general well-being and progress of humankind. whatever conduces to the fulfilment of these ..... stability of the social order'.64. in 'dharma - a legal discipline - select speeches and writings of dr. shankar dayal sharma, the present president of india (indian bar review vol. xx (3 & 4) 1993 special issue) in his centenary speech of swami vivekananda in the parliament of religions, he emphasised 'time-honoured philosophy of oneness and harmony within pluralism, the recognition of .....Tag this Judgment!
Court : Supreme Court of India
Reported in : JT1997(5)SC513; (1997)IILLJ788SC; (1997)6SCC189; Supp1SCR341
..... various provisions, in particular, sections 34 and 144 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 (30 of 1987) (for short, the 'act'), in paragraph 132 of the judgment, this court mentioned about total number of temples and of the temples which are assessable institutions and the income being derived by them. it observed that the said ..... establishment should be limited to 30% as provided under section 57 of the act. section 57 of the act falls in chapter vii titled 'budget, account and audit'. sub-section (1) thereof enjoins the preparation of annual budget of every charitable or religious institution or endowment. it has to be prepared within the time frame of 90 days ..... public exchequer. resultantly, constitutional prohibition stands in the way of extending to the archakas and other office holders such benefits as are granted to the government servants. secondly, the salary has a linkage with the income derive by the charitable or religious institutions or endowments. as agreed earlier, the salary and other allowances, subject to cadre strength, ..... before the close of every financial year. the same has to be submitted in the prescribed form to the competent authority specified in classes (i) to (iii .....Tag this Judgment!
Court : Karnataka
..... amendment of section 1: in the karnataka hindu religious institutions and charitable endowments act, 1997 (karnataka act 33 of 2001) (hereinafter referred to as the principal act), in section 1, - for sub-section (4), the following shall be substituted, namely:- "(4) it shall apply to, all religious institutions or charitable endowments notified under section 23, section 53 and chapter viii shall apply to all religious institutions or charitable endowments other than those notified under section 23: ..... of religion and the mere fact that they involve expenditure of money or employment of priests and servants or the use of marketable commodities would not make them secular activities partaking of a commercial or economic character all of them are religious practices and should be regarded as matters of religion within the meaning of art. 26(b). 22 ..... persons, one at least of whom shall, whenever possible, be a disciple of or a person interested in, the matha or other institution as the case may be, provided he is not a whole- time servant of the government. 27. on the completion of the said enquiry the committee shall submit a report of the result thereof to the ..... . 4/220 survey no.2043 at govindarajapattanam of tirupathi has been leased out for rs.15.00 lakhs. 3. though there is a written direction by the former peethadhipathi that no property be alienated, the house situated in g.k. temple street, bangalore measuring 15 x 30 sq. ft. has been mortgaged for a period of 5 years for .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2002(1)ALD537
..... charitable and hindu religious institutions and endowments act, 1966 was enacted to consolidate and amend the law relating to the administration and governance of charitable and hindu religious institutions and endowments in the state of andhra pradesh. the said act was replaced by the new act, 1987.11. firstly we shall advert to the relevant provisions of law.section 31 (3) of the old act reads thus:31. appointment etc., of office holders and servants:3 ..... and accordingly both the writ appeals and writ petitions are being disposed of by this common judgment.2. the respondents-writ petitioners are the archakas working in different temples under regulatory jurisdiction of the endowments department of the state. by individual notices, they were informed that they will be retired from service with effect from 31-7-2001 before ..... to the new octroi rules, the apex court held:it is true that seven rules covering the subject of octroi and contained in chapter viii of the schedule to the bombay provisional municipal corporations act, 1949 have been specifically mentioned in the preamble as being rescinded and rule 62-b is conspicuous by its absence therefrom, which fact ..... deep into the matter having regard to the decision of the apex court in sri divi kodandarama sarma v state of a.p., : (1997)iillj788sc .31. the dictionary meaning of superannuation is an act of retiring a person on pension. it is essentially a matter of executive power. such policy decision would depend upon the felt need of .....Tag this Judgment!