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Start Free TrialHindu Religious Institutions and Charitable Endowments Act, 1997 Chapter II
Title: Appointment of Commissioner, Deputy Commissioner Etc.
State: Karnataka
Year: 1997
.....and every Deputy Commissioner or Assistant Commissioner and every other Officer or servant, appointed to carry out the purposes of this Act by whomsoever appointed, shall be a person professing Hindu Religion, and shall cease to hold office as such when he ceases to profess that religion. Section 8 - Delegation of powers (1) The State Government may, by notification delegate any of its powers or functions under this Act or the rules other than the power conferred under section 76 or 77, to be exercised by the Commissioner or any other officer subject to such conditions as may be specified in the notification. (2) The Commissioner may, with the previous approval of the State Government delegate any of the powers exercisable or functions to be performed by him under this Act or the rules, other than those delegated to him under sub-section (1), to one or more of the officers subordinate to him.
View Complete Act List Judgments citing this sectionHindu Religious Institutions and Charitable Endowments Act, 1997 Section 4
Title: Deputy Commissioners and Assistant Commissioner
State: Karnataka
Year: 1997
(1) Subject to such terms and conditions as may be prescribed, the State Government may appoint an Officer not below the rank of a Group 'A' Senior Scale to be Deputy Commissioner for Hindu Religious Institutions and Charitable Endowments for one or more districts. The Deputy Commissioner shall subject to the authority of the Commissioner have powers of general superintendence and control for the purpose of carrying out the provisions of this Act in respect of all Hindu Religious Institutions and Charitable Endowments in his Jurisdiction. (2) The State Government may appoint an Officer not below the rank of Group-A Junior scale to be Assistant Commissioner for Hindu Religious Institutions and charitable Endowments for one or more taluks in a district to assist the Deputy Commissioner in the discharge of his duties and functions under this Act, and to perform such duties or exercise such powers as may be conferred on him by or under the provisions of this Act or as may be delegated to him by the Deputy Commissioner with the approval of the Commissioner.
View Complete Act List Judgments citing this sectionKarnataka Souharda Sahakari Act, 1997 Section 3
Title: Registrar, Additional Registrars, Joint Registrars, Deputy Registrars and Assistant Registrars
State: Karnataka
Year: 1997
(1) The Government may appoint an officer of the Government to be the Registrar of Co--operatives for the State. (2) The Government may also appoint as many officers of the Government as Additional Registrars, Joint Registrars, Deputy Registrars and Assistant Registrars of Co--operatives as it thinks fit for assisting the Registrar. (3) The Government may, by general or special order, confer all or any of the powers of the Registrar under this Act on the Additional Registrar, Joint Registrar, Deputy Registrar or Assistant Registrar of Co--operatives.
View Complete Act List Judgments citing this sectionHindu Religious Institutions and Charitable Endowments Act, 1997 Section 73
Title: Costs of Proceedings Before the Commissioner or the Deputy Commissioner or Assistant Commissioner
State: Karnataka
Year: 1997
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.
View Complete Act List Judgments citing this sectionHindu Religious Institutions and Charitable Endowments Act, 1997 Chapter IX
Title: Powers and Functions of Commissioner and Other Officers
State: Karnataka
Year: 1997
.....of Budget accounts, report or return, or (b) wilfully disobeys and lawful orders issued by the Commissioner under the provisions of this Act or rules made thereunder, or (c) continuously neglects his duty or commits any malfeasance or misfeasance or breach of trust in respect of a Notified Institution, or (d) misappropriates or deals improperly with the properties of the Notified Institution of which he is the Chairman, Manager or other person concerned with the management of the Institution. (e) accepts any position in relation to the Notified Institution which is inconsistent with his position as a Chairman, Manager or such other person, or (f) is convicted of an offence involving moral turpitude. (2) Where the Commissioner proposes to take action under sub-section (1), he shall frame charges against the person against whom action is proposed to be taken and give him an opportunity of meeting such charges or testing the evidence adduced against him and of adducing evidence in his favour. The order of removal or dismissal shall state the charges framed against the person, his explanation and the finding on each charge with reasons thereof. (3) Pending.....
View Complete Act List Judgments citing this sectionWest Bengal Premises Tenancy Act, 1997 Complete Act
State: West Bengal
Year: 1997
.....where the lease with due consent of the tenant has been registered under the Registration Act, 1908 (16 of 1908), after the commencement of this Act, and the fact of such consent has been recorded in the instrument so registered;] (d) any premises rented to a foreign mission or international agency; (e) any premises let out for residential purpose, not being a premises within the purview of clause (c) which carries more than (i) 22. Subs. by sec. 3(2)(a) Ibid, w.r.e.f. 10.7.2001, for "two thousand rupees". [six thousand and five hundred rupees] as monthly rent in the areas included within the limits of the Calcutta Municipal Corporation or the Howrah Municipal Corporation, or (ii) 33. Subs. by sec. 3(2)(b), ibid, w.r.e.f. 10.7.2001, for "One thousand rupees". [three thousand rupees] as monthly rent in other areas to which this Act extends; (f) any premises let out for non-residential purpose, which carries more than (i) 44. Subs. by sec. 3(3)(a), ibid, w.r.e.f. 10.7.2001, for "three thousand rupees". [ten thousand rupees] as monthly rent in the areas included within the limits of the Calcutta Municipal Corporation or the Howrah Municipal Corporation, or (ii) 55. Subs. by.....
List Judgments citing this sectionHindu Religious Institutions and Charitable Endowments Act, 1997 Chapter VI
Title: Notified Institutions
State: Karnataka
Year: 1997
.....(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.....
View Complete Act List Judgments citing this sectionHindu Religious Institutions and Charitable Endowments Act, 1997 Chapter VII
Title: Budget of Notified Institutions, Accounts and Audit
State: Karnataka
Year: 1997
.....Authority shall not stay the operation of the order pending the disposal of the appeal, unless sufficient security is furnished to its satisfaction. (6) The Deputy Commissioner of the District in which any property of the Chairman or Manager or Executive Officer or other person from whom an amount is recoverable by way of surcharge is situated, shall on requisition made by the Assistant Commissioner, recover such amount as if it were an arrears of land revenue and pay the same to the notified institution concerned. (7) If the surcharge is against the Executive Officer, it shall be recovered out of his salary and other amounts payable to him, as may be ordered by the authority. Section 40 - Rectification of defects detected by Commissioner Without prejudice to the provisions of section 39 where the Commissioner either on his own or on a report of the Deputy Commissioner or any other person, has reason to believe that the Chairman, Manager, Executive Officer or any other person is guilty of illegal expenditure or of causing loss or waste of money or other property of the Notified Institution, by mis-conduct, misapplication, collusion, fraud, breach of trust or.....
View Complete Act List Judgments citing this sectionHindu Religious Institutions and Charitable Endowments Act, 1997 Section 60
Title: Power of Inspection and Supervision
State: Karnataka
Year: 1997
.....practice, custom or usage of the Institution. (2) If, on inspection or examination of the books of accounts or of a report called under sub-section (1), any act or omission on the part of the Chairman, Manager, Executive Officer or any other person connected with the institution is found resulting in loss to the institution, the Commissioner, the Deputy Commissioner or the Assistant Commissioner, as the case may be, shall require such person to submit an explanation within such time, as he thinks fit. (3) If, upon consideration of the books of accounts or of a report called for under sub-section (1) and the explanation if any submitted under sub-section (2) and after holding an enquiry in the prescribed manner, the Commissioner, the Deputy Commissioner or the Assistant Commissioner is satisfied that any person connected with the Hindu Religious Institution has been guilty of gross negligence, breach of trust or misconduct which has resulted in loss to the Hindu religious Institution, he shall record a finding accordingly. (4) If the finding is by the Assistant Commissioner he shall submit it to the Deputy Commissioner who shall forward it to the Commissioner with his.....
View Complete Act List Judgments citing this sectionHindu Religious Institutions and Charitable Endowments Act, 1997 Chapter XI
Title: Miscellaneous
State: Karnataka
Year: 1997
.....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.....
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