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The Karnataka Religious Structures (Protection) Act, 2021.

Karnataka · state statute
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KARNATAKA ACT NO. 42 OF 2021 
 
 
 
 
 
THE KARNATAKA RELIGIOUS STRUCTURES (PROTECTION) ACT, 2021 
 
1. Short title and commencement.- 
2. Definitions.-  
3. Protection of religious structures.- 
4. Religious structures on public places.- 
5. Allowing religious activity.- 
6. Exemption of action.- 
7. Power to make rules.- 
8. Power to remove difficulties.- 
 
STATEMENT OF OBJECTS AND REASONS 
ACT 42 OF 2021.- It is considered necessary to provide for protection of 
religious constructions on a public place constructed before the date of 
commencement of this Act, in order to protect communal harmony and not to 
hurt the religious sentiments of the public. Further to restrict unaut horized 
religious structure and constructions on public places in future.  
Hence, the Bill.  
[L.A. Bill No. 39 of 2021, File No. Samvyashae 42 Shasana 2021]  
[Entry 18 of List II of the Seventh Schedule to the Constitution of India.] 
[Published in Karnataka Gazette Extra-ordinary No. 842 in part-IVA dated: 
22.10.2021]   
KARNATAKA ACT NO. 42 OF 2021 
 
 
(First Published in the Karnataka Gazette Extra-ordinary on the 22nd day of 
October, 2021) 
 
 
 
THE KARNATAKA RELIGIOUS STRUCTURES (PROTECTION) ACT, 2021 
 (Received the assent of the Governor on the 19th day of October, 2021) 
 
An Act to provide protection to religious structure on a public place. 
Whereas it is expedient to provide protection to religious structure on a 
public place and for the matters connected therewith or incidental thereto; 
Be it enacted by the Karnataka State Legislature in the Seventy Second 
year of the Republic of India, as follows:- 
 1. Short title and commencement. - (1) This Act may be called the 
Karnataka Religious Structures (Protection) Act, 2021. 
(2) It shall come into force at once. 
 2. Definitions.-In this Act unless the context otherwise requires,- 
(a)  “Local Authority” means the local self Government constituted by 
the State Government under relevant Laws and includes all the 
Government owned, managed or controlled, statutory  or non 
statutory Boards, Corporations, companies, committee etc; 
(b) “Public Pla ce” means a place belonging to the Government and 
includes any premises belonging to a Local Authority, a 
Government company, or a Board or Corporation or any statutory 
or non statutory  body of the State Government; and 
(c) “Religious structure” means those r eligious structure such as 
temple, church, mosque, Gurudwara, Bodh vihar, Majar etc, 
constructed on public place without authority of law. 
3. Protection of religious structures. - Notwithstanding anything 
contained in any law for the time being in force or any judgment , decree or 
order of any court, tribunal or authority from the date of commencement of this 
Act, subject to  the provisions of this Act, or the rules made there under the 
Government shall protect the religious structures existing on the date of 
commencement of this Act, in such manner subject to such conditions as may 
be prescribed: 
 Provided that no protection shall be done, if any case relating to their 
removal is pending in any court of law  and in such  other circu mstances as 
may be prescribed.  
 4. Religious structures on public places. - No religious structure and 
construction shall be allowed by the State Government or any Local Auth ority 
without proper permission in future on a public place. 
 5. Allowing religiou s a ctivity.-The District Administration may allow 
religious activity in such protected structures subject to custom, Law, usage 
and any other conditions as may be laid down by the State Government from 
time to time.     
 6. Exemption of action.- No legal proceeding shall lie against the State 
Government or any officer, or other employees of the State Government for 
anything which is done or intended to be done under this Act or rules made 
there under. 
 7. Power to make rules.- (1) The State Government may, after previous 
publication, by notification in the Official Gazette, make rules to carry out the 
purposes of this Act.  
 (2) Every rule made under this Act shall be laid, as soon as may be, after 
it is made, before each House of the State Legislature, whi le it is in session for 
a total period of thirty days which may be comprised in one session or in two or 
more successive sessions, and if, before the expiry of the session in which it is 
so laid or the session or sessions immediately following, both Houses  agree in 
making any modification in the rule or both Houses agree that the rule should 
not be made, the rule shall thereafter have effect only in such modified form or 
be of no effect, as the case may be; so, however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously 
done under that rule. 
 8. Power to remove difficulties .- (1) If any difficulty arises, in giving 
effect to the provisions of this Act, the Government may, by order published in 
the official Gazette, make such provisions not inconsistent with the provisions 
of this Act, as may appear to be necessary or expedient for removing the 
difficulty: 
Provided that, no such order shall be made after the expiry of a period of 
two years from the date of commencement of this Act. 
(2) Every order made under this section shall, as soon as may be after it 
is made, be laid before both Houses of the State Legislature. 
 The above translation of ಕರ್ನಾಟಕ ಧಾರ್ಮಾಕ ಕಟ ಟ ಡಗಳ (ಸಂರಕ್ಷಣೆ) ಅಧಿನಿಯಮ, 
2021 (2021ರ ಕರ್ನಾಟಕ ಅಧಿನಿಯಮ ಸಂಖ್ಯ ೆ : 42) be published in the official Gazette under clause 
(3) of Article 348 of the  constitution of India. 
THAAWARCHAND GEHLOT 
GOVERNOR OF KARNATAKA 
 
 
By Order and in the name of 
the Governor of Karnataka, 
 
G.SRIDHAR 
Secretary to Government 
Department of Parliamentary 
Affairs and Legislation 
 

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