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Section 20A: The powers and functions of the Rajya Dharmika Parishat

The Hindu Religious Institutions and Charitable Endowments Act, 1997State Act of Karnataka · Act 33 of 2001

The powers and functions of the Rajya Dharmika Parishat shall be as follows, namely:-

(1) The Rajya Dharmika Parishat shall be empowered to resolve any dispute,-

(a) regarding religious practices, customs, usage, traditions and for that purpose it may consult experts to assist in resolving such disputes;

(b) as to whether a temple is a public, private or denominational temple;

(c) as to whether an institutions is a religious institution or a composite institution;

(d) as to whether a trustee holds or held office as hereditary trustee of such institution.

(2) The Rajya Dharmika Parishat,-

(i) may constitute a Committee of Management to the notified institution having gross annual income of rupees 2[twenty five lakhs]2 and above;

(ii) may approve scheme for adoption of temples having an income of rupees two lakhs or less and to fix the terms of adoption;

(iii) shall act as appellate authority in respect of orders passed by the Zilla Dharmika Parishat;

(iv) for the purpose of resolving any dispute as provided under this section Nyayadhikarana may be constituted with the judicial member of the Parishat and the Commissioner as its members. If there is difference of opinion among the members the issue shall be decided by the Rajya Dharmika Parishat;

(v) may recommend to the State Government to issue notification and denotification of the institutions required to be notified or deleted under the provisions of the Act;

(vi) may dissolve Committee of Management of a notified institution having gross income of Rupees 2[twenty five lakhs]2 and above as provided under section 28 and to appoint administrator to the notified institutions under section 29;

(vii) shall record the name of the member of the family, who is entitled to succeed to the office of hereditary trustee when a permanent vacancy occurs and if there is no dispute in the office of the hereditary trustee.]1 3[(3) Administration of all religious institutions and charitable endowments shall be under the general superintendence and control of the Rajya Dharmika Parishat and such superintendence and control shall include the power to pass any order or issue any direction which may be necessary to ensure that such institutions and endowments are properly administered and their income is duly appropriated for the purpose for which they are founded or exist.]3

1. Substituted by Act 27 of 2011 w.e.f. 04.05.2011.

2. Substituted by Act 12 of 2012 w.e.f. 05.03.2012.

3. Inserted by Act 12 of 2012 w.e.f. 05.03.2012.

21 1[21. Zilla Dharmika Parishat.- (1) The State Government may, on the recommendation of the Rajya Dharmika Parishat, by notification, in the official Gazette, constitute a Zilla Dharmika Parishat to each district or to one or more districts consisting of the following members, namely:-

(a) The Deputy Commissioner of the concerned District Chairman

(b) The concerned Assistant Commissioner, Hindu Religious Institution and Charitable Endowments wherever available or Endowment Tahsildar or Endowment Assistant of the Deputy Commissioners Office.

Ex-officio Secretary

(c) Members to be nominated by Government for a period of 2[four years]2

(i) one retired Judicial Officer not below the cadre of Civil Judge (Senior Division)

(ii) one Agama Pandit

(iii) one Vedic Scholar

(iv) one from scheduled Caste or Scheduled Tribe

(v) one woman

(vi) one person from backward classes 2[(vii) three others]2 Member Member Member Member Member Member Member

(2) Members nominated by Government under clause (iii) of sub-section (1) except a retired Judicial Officer, shall hold office subject to the pleasure of Government.

(3) The person nominated by Government shall be a person who has contributed to the Hindu Religious field but shall not be an office bearer of any political party in any lelvel.

(4) In the event of any vacancy due to death, resignation or otherwise the Government may appoint a person for the remaining period of the term of such member.

(5) The Zilla Dharmika Parishat may for the purpose of consultation, invite any person having experience and specialized knowledge or expert in any subject to attend its meeting and every such person is entitled to such allowance as may be prescribed.

(6) The Government or Rajya Dharmika Parishat may, by notification, delegate any of its powers and functions under the provisions of this Act except the power to make rules to the Zilla Dharmika Parishat.

2[(7) In the absence of Chairman, the judicial member shall preside over the meeting.]2

(8) In the absence of nominated member of Zilla Dharmika Parishat, the remaining members shall constitute the Zilla Dharmika Parishat.

(9) All the correspondence in respect of Zilla Dharmika Parishat shall be made by or to the Secretary, Zilla Dharmika Parishat including the power to sue or be sued.

Where this provision sits

ActThe Hindu Religious Institutions and Charitable Endowments Act, 1997
Section20A
Marginal noteThe powers and functions of the Rajya Dharmika Parishat
JurisdictionState of Karnataka
StatusIn force as published by the source

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