Act Info:
The State Government shall as soon as may be after the commencement of this Act publish by notification in respect of each revenue district, a list of;
(a) all Charitable Institutions and Hindu Religious Institutions which on the date of commencement of this Act are in the sole charge of the State Government or for the benefit of which.
(i) any monthly or annual grant in perpetuity is made from public revenues: or
(ii) tasdik allowance under section 19 of Mysore Religious and Charitable Inams Abolition Act, 1955 is paid.
(b) all institutions registered under the Book of Endowments under the Hyderabad Endowment Regulations, 1349 F;
(c) all institutions governed by the then Madras Hindu Religious and Charitable Endowments Act, 1951;
(d) all institutions in Kodagu District which are governed by the Coorg Temple Funds Management Act, 1956;
(e) all Hindu Religious Institutions registered under the Bombay Public Truct Act, 1950, which are in receipt of any monthly or annual grant from public revenues or any amount under the Karnataka Certain Inams(Abolition) Act, 1977;
(f) Sri Renuka Yellamma Temple, Saundatti, governed under the Renuka Yellamma Devasthana (Administration) Act, 1974;
Section 24 - Controlling Authorities
(1) The Commissioner shall be the Chief Controlling Authority in respect of all matters connected with notified institutions and he shall perform such duties and exercise such powers of superintendance and control as the state Government may by rules impose or as the case may be confer on him in respect of all or any class of notified institutions.
(2) The Deputy Commissioner shall subject to such terms and conditions as may by prescribed, be the immediate controlling authority in respect of notified institutions within his jurisdiction.
(3) The Assistant Commissioner shall subject to the authority of the Deputy Commissioner perform such duties and exercise such powers as may be prescribed.
Section 25 - Constitution of the Committee of Management
(1) Subject to any general or special order of the State Government there shall be constituted by the prescribed authority a committee of management consisting of nine members in respect of one or more notified institutions and different authorities may be prescribed in respect of different class or classes of notified institutions.
(2) (a) The prescribed authority shall while constituting the Committee of management under sub-section (1) have due regard to the religious denomination to which the institution or any section thereof belongs.
(b) The procedure for appointment of members to the Committee of Management, verification of antecedents and other matters shall be such as may be prescribed.
(c) No person shall be eligible to be appointed as a member in more than one Committee or Management, at one time.
(3) The prescribed authority shall constitute the Committee or Management from among the devotees, donors and followers of the Hindu Relegious Institutions or as the case may be, the endowers and beneficieries of the Charitable Endowment in such manner that it consits of.--
(i) In the case of a temple the Pradhana Archaka or Archaka;
(ii) atleast one member from among the Scheduled Castes or the Scheduled Tribes; and
(iii) of the other, atleast five of whom two are women, from among persons living in the vicinity of the temple :
Provided that the State Government may relax the condition of clause (iii) in respect of any Notified Institution or class of such Institutions, so however that the representation of women members is not affected:
Provided further that the condition of clause (ii) shall not apply to Institutions belonging to Hindu Religious Denominations or sections thereof.
(4) No person shall be qualified for being appointed as a member of the Committee of Management of a Notified Institution unless:-
(a) he has faith in God;
(b) he has attained the age of twenty five years;
(c) he possesses good conduct and reputation and commands respect in the locality in which the Institution is situate; and
(d) he has donated or contributed for construction, repairs, renovation or development of any Hindu Religious Institution or Charitable Institution or for the performance of utsavam or any charitable cause in the institution;
(5) 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 an undischarged insolvent by a competent court or;
(ii) if he is of unsound mind and stands so declared by a competent court or if he is a deaf or mute or is suffering from leprosy or any virulent 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 any work being done for, the institution, or is in arrears of any kind due by him to such institution;or
(iv) if he is appearing as a legal practitioner on behalf of 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;
(vi) if he has at any time conducted adverse to the interests 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;
(6) If a member of the Committee is, or becomes subject to any disqualification under sub-section (5) he shall automatically cease to be such member.
(7) If any question arises whether a member is or has become subject to any disqualification under sub-section (5) the prescribed authority may either suo-motu or on a report made to it and, after giving an opportunity of being heard to the person concerned, decide that question.
Section 26 - Term of Office of the Committee of Management and Election of Chairman
(1) Subject to the pleasure of the prescribed authority, members shall hold office for a term of three years unless in the meanwhile the Committee is dissolved or has ceased to function.
(2) Where the Committee of management is constituted under section 25, the members shall at the first meeting of the Committee, elect a Chairman from among themselves.
(3) The State Government may nominate the Executive Officer as Ex-officio Secretary of the Committee of Management in respect of any notified institution or institutions, without voting rights.
(4) Notwithstanding anything to the contrary contained in sub-sections (1), (2) and (3) above, where any Charitable Institution or Hindu Religious Institution was, immediately before it is included in the list of notified institution under section 23, managed by the founder of such institution or any member of his family, such founder and in his absence any member of his family shall, unless he is otherwise disqualified under section 25, be nominated as chairman of the Committee of Management of such Notified Institution.
Section 27 - Meeting of the Committee of Management
The Committee of Management shall meet at such intervals and follow such procedure in conducting its meetings, as may be prescribed.
Section 28 - Power to dissolve the Committee of Management
(1) The prescribed authority shall have power to disslove a Committee of Management if after holding an enquiry in accordance with sub-section (2), it is satisfied that the committee has;
(a) failed to discharge the duties or perform the functions in accordance with the provisions of this Act or the rules made thereunder; or
(b) disobeyed any lawful orders issued under the provisions of this Act or the rules made thereunder by the State Government or the Commissioner, Deputy Commissioner or Assistant Commissioner; or
(c) committed any malfeasance or misfeasance or is guilty of breach of trust or misappropriation in respect of the properties of the institution or endowment;
(2) Where the prescribed authority proposes to take action under sub-section (1) it shall frame the charge against the Chairman and give him an opportunity of meeting such charge or testing the evidence adduced against the charge and of adducing evidence in favour of the Committee; and the order of dissolution shall state every charge framed against the Committee, explanation offered by the committee and the finding on such charge together with the reasons therefor.
(3) Pending enquiry under sub-section (2) the prescribed authority may suspend the Committee and appoint an administrator in accordance with section 29.
(4) Any person aggrieved by an order under this section may, within thirty days from the date of communication of the order appeal.--
(a) to the Karnataka Appellate Tribunal constituted under the Karnataka Appellate Tribunal Act, 1976 (Karnataka Act 10 of 1976), where the prescribed Authority is the Commissioner.
(b) to the Commissioner, if the order passed is of the Deputy Commissioner, and
(c) to the Deputy Commissioner, if the order passed is of the Assistant Commissioner.
(5) The appellate authority may after holding an enquiry and so far as possible within six months from the date of appeal pass such order as it deems fit, and such order shall be final.
Section 29 - Appointment of Administrator
The prescribed authority shall appoint an officer of the State Government as Administrator in place of the Committee of management dissolved or suspended under sub-section (1) or (3) of section 28 or after the expiry of the term of office of the Committee under section 26 and till a new Committee of Management is constituted or for a period of six months whichever is earlier.
Section 30 - Filling up of casual vacancies
When a vacancy occurs, either by removal, resignation or other wise, of a member of the Committee of Management of a notified institution, the prescribed authority shall, subject to the provisions of section 25 fill up the vacancy by appointing a new member to the Committee. Such member of the Committee appointed shall hold office only so long as a member in whose place he is appointed would have been entitled to hold office if the vacancy had not occurred.
Section 31 - Alienation or transfer of the lands or other property granted to Notified Insititutions invalid unless authorised
(1) Any alienation or transfer by way of sale, lease, gift, mortgage or otherwise of any land or other immovable property granted to or belonging to a notified institution and any act purporting to create any interest adverse to such institution in respect of such land or property shall be null and void unless such alienation or transfer is in the best interest of the institution and unless it is sanctioned under section 62.
(2) No articles of Gold, Silver or white metal, idols, utensils, precious stones, articles of antique value, paintings, ancient documents containing inscriptions on stone, metal and palm leaves and such other movables shall be disposed of in any manner without the permission of the State Government granted based on the report of the Commissioner.
Section 32 - Power in case of unauthorised alienation or transfer
As soon as may be after any instance of alienation or transfer of an immovable property in violation of section 31 comes to notice, the Deputy Commissioner or the Assistant Commissioner or any other officer appointed by the State Government in this behalf shall, after such enquiry as may be prescribed, issue notice to the alienee or the person in possession, to restore possession of such immovable property to the notified institution to which they belonged within thirty days from the date of service of such notice and in default of compliance take steps to evict the occupant and to restore the property to the notified institution, in accordance with the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974.
Section 33 - Suits on behalf of Notified Institutions
(1) Where it is necessary to institute a suit on behalf of any notified institution, the Deputy Commissioner or the Assistant Commissioner on the recommendation of the Committee of management may file the suit himself.
(2) Every suit filed on behalf of a Notified institution shall be heard and disposed of by the Court as if it were a suit filed under Order XXXI of the Code of Civil Procedure, 1908.
Section 34 - Arrears of rent due to a Notified Institution
(1) Where any person is in arrears of rent due to a notified institution, in respect of any building, the Assistant Commissioner may, by order require that person to pay the same within such time as may be specified in the order.
(2) Where any person is or has at any time been in unauthorised occupation of any building belonging to a notified institution, the Assistant Commissioner may having regard to such principles of assessment of damage as may be prescribed, assess the damage on account of the unlawful use and occupation of such building if any, may, by order require that person to pay the damages within such time as may be specified in the order :
Provided that no such order shall be made until after issue of a notice in writing to the person calling upon him to show cause within such time as may be specified in the notice why an order should not be made and until his objections, if any, and any evidence he may produce in support of the same, have been considered by the Assistant Commissioner.
(3) If any person refuses or fails to pay the arrears payable under sub-section (1) or the damages payable under sub-section (2) within the time specified in the order relating thereto, the Assistant Commissioner may issue a certificate for the amount due to the Deputy Commissioner of the District, who shall proceed to recover the same as an arrears of land revenue.
(4) Any person aggrieved by the order of the Assistant Commissioner under sub-sections (1) or (2) may within thirty days from the date of receipt of such order appeal to the Deputy Commissioner having jurisdiction :
Provided that an appeal filed after the expiry of the said period of thirty days may be entertained if the appellate authority is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(5) Where an appeal is preferred under sub-section (4) the enforcement of the order appealed against shall not be stayed unless the appellant has deposited an amount equal to fifty percent of the rent or damage, as the case may be, determined by the Assistant Commissioner under sub-sections (1) or (2).
(6) The Deputy Commissioner may after holding such enquiry as he deems fit pass orders in appeal which shall be final and shall not be called in question in any suit, application or other proceeding before any Court or other authority.