Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com KARNATAKA RELIGIOUS AND CHARITABLE INSTITUTIONS (MANAGEMENT) RULES, 1978 CONTENTS 1. Title, extent and commencement 2. Definitions 3. Constitution of Committees 4. Disqualification 5. Disability 6. Powers and functions of the Committee 7. Sub-Committee 8. Meeting of the Committee, place of meeting 9. Powers and duties of the Executive Officer 10. Manager 11. Duties of the Manager 12. Funds of the Institutions 13. Application of the Funds of the Institutions 14. Budget 15. Accounts and Audit 16. Jewels and costly articles 17. Dabbi or Golaka 18. Leases of immovable properties 19. . 20. Savings SCHEDULE 1 :- Names of Institutions KARNATAKA RELIGIOUS AND CHARITABLE INSTITUTIONS (MANAGEMENT) RULES, 1978 In exercise of the powers conferred by Sections 7 and 41 of the Mysore Religious and Charitable Institutions Act, 1927 (Mysore Act 7 of 1927) the Government of Karnataka hereby makes the following rules namely. 1. Title, extent and commencement :- (1) These rules may be called the Karnataka Religious and Charitable Institutions (Management) Rules, 1978. (2) They shall apply to the Religious and Charitable Institutions formerly known as "Mysore Palace Muzrai Institutions" specified in the schedule to these rules. (3) They shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. Definitions :- In these rules, unless the context otherwise requires. (i) "Act" means the Mysore Religious and Charitable Institutions Act, 1927 (Mysore Act 7 of 1927); (ii) "Chairman" means the Chairman of the Committee; (iii) "Commissioner" means the Commissioner for Religious and Charitable Endowments in Karnataka, Bangalore; (iv) "Committee" means the Committee of Management, constituted under these rules; (v) "Funds" means the funds constituted out of the income of the Institutions; (vi) "Institutions" means Institutions specified in the schedule to these rules; (vii) "Manager" means the Manager appointed under the provision of these rules to look after the Institutions; (viii) "Member" means a member of the Committee; (ix) "Secretary" means the Secretary of the Committee; (x) "Government" means the State Government of Karnataka; (xi) "Sub-Committee" means the Sub-Committee of the Committee; (xii) "Vice-Chairman" means the Vice-Chairman of the Committee. 3. Constitution of Committees :- (1) Government shall by notification constitute with effect from such date as may be specified therein, a Committee for the management of the institutions. The Committee shall have such powers and perform such duties as are provided in these rules. (2) The Committee shall consist of the following members. (i) The Deputy Commissioner, Mysore District or Special Deputy Commissioner, Mysore who shall ex. officio be Chairman of the Committee; (ii) A nominee of Ex-Ruler of Mysore who shall ex officio be the Vice-Chairman of the Committee; (iii) The Head of the Agama Section of Maharaja Sanskrit College; (iv) The President, Taluk Development Board, Mysore Taluk; (v) 1 [The Executive Officer, Chamundeswari Temple, Chamundi Hills, Mysore shall be the ex officio Secretary of the Committee".] (3) The Government may nominate at any time such other persons as it deems necessary. (4) Subject to the pleasure of the Government, the members of the Committee shall, hold office for a period of five years from the date of their appointment. 1. Substituted for the words "The Gazetted Assistant to the Deputy Commissioner dealing with muzrai matters who shall ex officio be the Secretary of the Committee" by GSR 3, dated 7-10-1997, w.e.f. 5-2-1998. 4. Disqualification :- A person shall be disqualified for being nominated as a member of the Committee. (i) If he is not more than twenty one years of age; or (ii) If he is not a devotee of any one of the Institutions; or (iii) If he has been convicted by a Criminal Court for any offence involving moral turpitude; or (iv) If he is an undischarged insolvent; or (v) If he is of unsound mind; or (vi) If in the opinion of the Government he has been indulging in acts against the interests of the institution. 5. Disability :- If any member. (i) absents himself from three consecutive meetings of the Committee without sufficient reasons in the opinion of the Committee; or (ii) leaves India permanently; or (iii) absconds and his whereabouts are not known for a period of one year; or (iv) becomes subject to any of the disqualifications specified in Rule 4, The Committee shall declare his office vacant. 6. Powers and functions of the Committee :- (1) The Committee shall supervise and control all secular and religious matters relating to the Institutions. (2) In particular and without prejudice to the generality of the powers under sub-rule (1) and subject to provision of adequate budget as specified in Rule 14, Committee shall. (a) supervise and make arrangements for the day-to-day worship and other religious ceremonies pertaining to the Institutions; (b) make proper and effective arrangements for annual jathra and other festivals; (c) provide for the comforts and convenience of pilgrims; (d) supervise, manage, develop, renovate and repair the buildings belonging to the institutions; (e) supervise and provide for the management of funds and movable and immovable properties belonging to the Institutions; (f) undertake educational, social, religious and spiritual and benevolent activities; (g) collect, receive or accept funds, donations and gifts on behalf of the Institutions; (h) fix or modify the Sevartha fee; (i) discharge such other duties as are incidental to the duties specified in the preceding clauses. 7. Sub-Committee :- The Committee may appoint such Sub-Committees as it may consider necessary for carrying out any of the functions mentioned in Rule 6 and for this purpose may co-opt such persons as found necessary. The Chairman of every Sub-Committee shall be nominated by the Committee from among the members of the Committee. 8. Meeting of the Committee, place of meeting :- (1) The meeting of the Committee shall be held at least once in three months. Emergent meetings may be called for either by the Chairman or on a requisition by any three members of the Committee. Three members shall form the quorum and in any adjourned meeting, the quorum shall be two. In the absence of Chairman, the Vice-Chairman shall exercise the powers of the Chairman. (2) The Meetings of the Committee or Sub-Committee shall ordinarily be held in the premises of any of the institution or at such other place as the Chairman of the Committee may determine. 9. Powers and duties of the Executive Officer :- 1 (1) The 2[Executive Officer] shall be in overall supervision of all the institutions, and he is empowered to appoint such staff as is necessary for carrying on the administration of the Institutions. (2) The powers of appointment and removal of servants of the Institutions and the authority to take disciplinary proceedings against them shall vest in the 3 [Executive Officer] and every order made by the 4[Executive Officer] in this behalf shall be subject to the confirmation by the Committee. (3) The 5[Executive Officer] shall be responsible for the preparation and submission of the budget and other periodical returns. (4) The 6[Executive Officer] shall be in-charge of the office of the Committee and issue notices and attend to all other duties relating to convening of the meetings of the Committee. 1. Substituted for the word "Secretary" by GSR 3, dated 7-10- 1997, w.e.f. 5-2-1998. 2. Substituted for the word "Secretary" by GSR 3, dated 7-10- 1997, w.e.f. 5-2-1998. 3. Substituted for the word "Secretary" by GSR 3, dated 7-10- 1997, w.e.f. 5-2-1998. 10. Manager :- (1) There shall be a Manager appointed by the Commissioner, in consultation with the Committee. (2) He shall be an Officer not below the rank of a Deputy Tahsildar. (3) The Salary and allowances of the Manager shall be paid out of the funds of the Institutions. (4) He shall subject to the general control of the Secretary discharge his duties. He shall in the discharge of his duties carry out any instruction of the Secretary. (5) The office of the Manager shall be located at such place as may be determined by the Committee. 11. Duties of the Manager :- (1) The Manager shall be in-charge of the day-to-day administration of the Institutions, receive all moneys due to the Institutions and make disbursements on behalf of Institutions. (2) The Manager shall be in-charge of all movable properties and records belonging to the Institutions. (3) The Manager shall be responsible for the proper upkeep and maintenance of the institutions and for the proper performance of daily services or periodical festivals in accordance with the usage and custom of the Institutions. (4) The Manager shall maintain true and proper accounts supported by vouchers of all receipts and disbursements of the Institutions. (5) No person other than the Manager shall be entitled to receive any money on behalf of the Institutions or to make disbursements out of the moneys belonging to the Institutions. (6) The Manager shall maintain an Income and Property Register and an Inventory of all movables and immovable properties of the Institution. (7) The Manager shall furnish to the Secretary monthly returns of Income and expenditure, and of important festivals. 12. Funds of the Institutions :- (1) The following shall constitute the funds of the Institutions, namely. (i) all rents and income from lands and other properties of the Institutions; (ii) interest on Endowments; (iii) interest received on investments; (iv) Dabbi or golaka collections; (v) Sevartha fees; (vi) offerings and donations; (vii) grants, loans and advances from Government; (viii) all proceeds from lands and other properties sold or compulsorily acquired; and (ix) such other income as may accrue to the institutions from time to time. (2) So much of the fund as in the opinion of the Committee is necessary for the running expenses of the Institutions shall be deposited in a Scheduled Bank or a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1974 in the name of the Committee, to be operated upon by the Secretary and the balance of the fund shall be invested in the Securities as per Section 23 of the Indian Trust Act, 1882 (Central Act of 1882) or in any such Bank in the name of the Committee and it shall be operated upon jointly by the Secretary and a member appointed by the Committee. (3) The Committee shall take steps to recover all outstanding dues to the Institutions. (4) Arrears of rent or revenue due to Institutions in respect of property belonging to the Institutions shall be recovered by the Officers empowered to recover revenues due to Government. 13. Application of the Funds of the Institutions :- The funds of the Institution shall be applied to the provisions of the Act and these rules for.- (a) the maintenance, management and administration of the institutions; (b) the expenses of daily or periodical religious and customary rights in the institutions; (c) the construction and maintenance of dharmasalas and rest houses for the use of the pilgrims; (d) the provision of water supply and making of sanitary arrangements for the convenience of the pilgrims; (e) the undertaking of any work authorised by the Government in conformity with the objects of the Institutions; (f) the acquisition of any immovable property for the purposes of the institutions; and (g) such other purposes as the Committee may determine for discharging the duties entrusted to the Committee. 14. Budget :- The Secretary shall prepare a budget estimate of the Income and Expenditure of the Institution before such date as the Commissioner may specify for the year commencing from the first day of April and submit the same to the Chairman. The Chairman shall place the budget before the Committee for consideration and the committee may approve the budget with such modifications as it deems fit. The budget as approved by the Committee shall be submitted to the Commissioner at least one month before the expiry of the previous accounting year. The Commissioner may approve the budget with such modifications as he may consider necessary. 15. Accounts and Audit :- The Accounts of the Institutions shall be maintained and audited in such manner as the Commissioner, may by order, determine. 16. Jewels and costly articles :- (1) Jewels and other costly articles of the institutions not required for daily use shall be kept in the safe custody of the District Treasury at Mysore under the joint seal of the Secretary and one of the members authorised by the Committee. (2) No jewels or other properties belonging to the institutions shall be pledged, exchanged, lent, converted or sold without the previous sanction of the Committee. (3) The Chairman, along with the Secretary shall check and verify the jewels and other costly articles every year and submit a report of such verification to the Commissioner. 17. Dabbi or Golaka :- The Dabbis or Golakas shall be kept at such places and the keys thereof kept in the custody of such persons and shall be opened subject to such conditions as the Commissioner may, by order, direct. 18. Leases of immovable properties :- All the lands, buildings and other immovable properties of the institution to be leased shall be made either by public auction or by calling for tenders by the Secretary and shall be subject to confirmation by the Committee. 19. . :- For the management of the Institution, Dharmadarshies shall not be appointed under Section 6 of the Act, and the Dharmadarshies appointed before the commencement of these rules shall cease to be the Dharmadarshies of the Institution from the date of the Committee under these rules. 20. Savings :- (1) The provisions of these rules shall be applicable to the management of the institutions and any rule made by the State Government under the Act, regulating the management of Muzrai Institutions which is inconsistent with any of the provisions of these rules shall cease to apply to the institutions. (2) Subject to the provisions of sub-rule (1), the rules, made under the Act, in respect of Muzrai Institutions shall continue to be applicable to the Institutions. SCHEDULE 1 Names of Institutions SCHEDULE [See Rule 1(2)] Names of Institutions 1. Maharaja's Chatram including the provisions of Rs. 5,000 for Kangalrakki Charity and Rs. 3,000 for feeding the students of Maharaja's Sanskrit College, Mysore. 2. Shri Prasanna Krishna Swamy Temple. 3. Shri Varahaswamy Temple. 4. Shri Lakshmiramana Swamy Temple. 5. Shri Trineswaraswamy Temple. 6. Shri Chamundeswari Temple. 7. Shri Mahabaleswaraswamy Temple. 8. Shri Narayanaswamy Temple. 9. Shri Bhuvaneswari Temple. 10. Shri Gayathri Temple. 11. Shri Vijaya Visweswara and Shri Kamakameswari Temple. 12. Shri Pancha Gavi Mutt. 13. Shri Japada Katte Mutt. 14. Shri Chamanpatti Shri Deveswara Temple. 15. Shri Sanjeevaraja Urs Temple. 16. Shri Uttanahalli Jwalamukhi Temple. 17. Shri Kille Venkataramanaswamy Temple. 18. Shri Kille Someswara Swamy Temple. 19. Shri Kille Bhairaveswara Swamy Temple. 20. Shri Anjaneyaswamy Temple at South Fort Gate. 21. Shri Vinayakaswamy Temple at West Fort Gate. 22. Shri Bisilur Maramma Temple. 23. Shri Bettada Padada Gudi.