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Start Free TrialFinance Act 1997 Preamble 1
Title: Finance Act, 1997
State: Central
Year: 1997
THE FINANCE ACT, 1997 [ACT NO. 26 OF 1997] [EXTRACT RELEVANT TO DIRECT TAXES] [14th May, 1997] PREAMBLE An Act to give effect to the financial proposals of the Central Government for the financial year 1997-98 BE it enacted by the Parliament in the Forty-eighth Year of the Republic of India as follows: -
View Complete Act List Judgments citing this sectionHindu Religious Institutions and Charitable Endowments Act, 1997 Section 49
Title: Power of Commissioner to Issue Directions
State: Karnataka
Year: 1997
(1) Without prejudice to the generality of powers granted under section 3 and subject to other provisions of this Act, the Commissioner shall have power to issue general or special directions to the Chairman or Executive Officer or any person connected with the Management of a Notified Institution or a Delcared Institution to ensure that the Institution is properly administered and the income thereof is properly accounted for or duly appropriated and applied towards the objects and purposes of the institution and the Commissioner may also give appropriate directions to such person if he finds that any property of the Institution is in danger of being wasted, damaged, alienated or wrongfully sold, removed or disposed off. (2) It shall be the duty of every person to whom such directions are issued to comply with the directions issued under sub-section (1).
View Complete Act List Judgments citing this sectionHindu Religious Institutions and Charitable Endowments Act, 1997 Complete Act
Title: Hindu Religious Institutions and Charitable Endowments Act, 1997
State: Karnataka
Year: 1997
.....Emoluments and Service Conditions of Archakas Section 13 - Register of Temple servants Section 14 - Pattern of Temple Servants to be determined by rules Section 15 - Salary and Service Conditions of Temple servants Section 16 - Mis-conduct and Penalty Chapter IV Section 17 - Creation of Common Pool Fund Section 18 - Transfers to Common Pool Fund Section 19 - Administration of Common Pool Fund Chapter V Section 20 - Constitution of the Advisory Committee Section 21 - Disqualification of Members Section 22 - Functions of the Advisory Committee Chapter VI Section 23 - Notified Institutions Section 24 - Controlling Authorities Section 25 - Constitution of the Committee of Management Section 26 - Term of Office of the Committee of Management and Election of Chairman Section 27 - Meeting of the Committee of Management Section 28 - Power to dissolve the Committee of Management Section 29 - Appointment of Administrator Section 30 - Filling up of casual vacancies Section 31 - Alienation or transfer of the lands or other property granted to Notified Insititutions invalid unless authorised Section 32 - Power in case of unauthorised alienation or transfer Section 33 -.....
List Judgments citing this sectionHindu Religious Institutions and Charitable Endowments Act, 1997 Section 72
Title: Costs of Proceedings Before Courts
State: Karnataka
Year: 1997
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.
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.....
View Complete Act List Judgments citing this sectionHindu Religious Institutions and Charitable Endowments Act, 1997 Section 63
Title: Revisional Powers of Commissioner
State: Karnataka
Year: 1997
(1) The Commissioner may call for and examine the records and proceedings before the Assistant Commissioner or Deputy Commissioner for the purpose of satisfying himself as to the correctness of the finding or order recorded or passed by the Assistant Commissioner or Deputy Commissioner and may either annul, reverse, modify or confirm the said finding or order or may direct the Assistant Commissioner or Deputy Commissioner to make further enquiry or take such additional evidence as he may think necessary or he may himself take the additional evidence : Provided that the Commissioner shall not record or pass any order without giving the party affected thereby an opportunity of being heard. (2) Nothing in sub-section (1) shall entitle the commissioner to call for and examine the record of any case during the period in which an appeal can lie or after an order has been passed by him on such appeal.
View Complete Act List Judgments citing this sectionHindu Religious Institutions and Charitable Endowments Act, 1997 Chapter X
Title: Appeal, Revision and Execution of Orders
State: Karnataka
Year: 1997
.....the same shall have the same powers as are vested in courts in trying a suit, in respect of the following matters under the Code of Civil Procedure, 1908, namely ,- (a) Proof of facts by affidavit; (b) summoning and enforcing attendance of any person and examining him on oath; (c) compelling the production of documents; (d) issuing of commission. Section 67 - All enquiries to be Judicial Proceedings All enquiries and appeals under this Act shall be deemed to be judicial proceedings within the meaning of sections 193 or 228, and for the purposes of section 196, of the Indian Penal Code and every authority holding enquiry or hearing appeal shall be deemed to be a civil court for the purpose of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. Section 68 - Bar of Jurisdiction Save as expressly provided in this Act, no civil Court shall have jurisdiction to decide or deal with any question which is by or under this Act required to be decided or dealt with by an officer or authority under the Act or in respect of which the decision or order of such officer or authority is made final and conclusive.
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 Section 56
Title: Power to Put Chairman or Executive Officer in Possession
State: Karnataka
Year: 1997
Where a person has been appointed as Chairman, Manager or Executive Officer of a Notified Institution or Declared Institution to discharge the functions as such, in accordance with the provisions of this Act and he is prevented by any person from taking possession of the records, accounts and properties thereof, the Deputy Commissioner shall, by order, direct that the records, accounts and properties be handed over to such Chairman, Manager or Executive Officers as the case may be, before a specified date.
View Complete Act List Judgments citing this sectionHindu Religious Institutions and Charitable Endowments Act, 1997 Section 55
Title: Power of Eviction of Lessee, Licensee or Mortgagee with Possession in Certain Cases
State: Karnataka
Year: 1997
.....or mortgagee, the Assistant Commissioner may, if he decides that the artistic appearance, aesthetic beauty or the religious character has been marred or is likely to be marred by the action of the lessee, licence or mortgagee, by order terminate the lease or licence or mortgage and direct delivery of possession of the property to the Chairman, Manager or Executive Officer or other person managing the affairs of the Institution before a date to be specified in the order. (3) Where before the date specified in the order under sub-section (2), the lessee, licensee or mortgagee has not delivered the provision of the property the Assistant Commissioner may take steps to recover and restore the property to the Institution under the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974.
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