The HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS ACT, 1997

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THE HINDU RELIGIOUS INSTITUTIONS AND
CHARITABLE ENDOWMENTS ACT, 1997
Arrangement of Sections
Statement of Objects and Reasons
Sections :
CHAPTER - I
PRELIMINARY
1. Short title extent commencement and application
2. Definitions
CHAPTER - II
APPOINTMENT OF COMMISSIONER, DEPUTY COMMISSIONER ETC.,
3. Commissioner
4. Deputy Commissioners and Assistant Commissioner
5. Subordinate Officers
6. Commissioner and other officers to be Government servants
7. Commissioner, etc. to be Hindu
8. Delegation of powers
CHAPTER - III
ARCHAKAS AND TEMPLE SERVANTS
9. Appointment of Archakas
10. Qualifications for Archakas
10A. Disqualification of Archaks
11. Archakas to be on the Committee of Management
12. Emoluments and Service Conditions of Archakas
13. Register of Temple servants
14. Pattern of Temple Servants to be determined by rules
15. Salary and Service Conditions of Temple servants
16. Mis-conduct and Penalty
CHAPTER - IV
COMMON POOL FUND
17. Creation of Common Pool Fund
18. Transfers to Common Pool Fund
19. Administration of Common Pool Fund

CHAPTER - V
ADVISORY COMMITTEE
20. Rajya Dharmika Parishat
20A.The powers and functions of the Rajya Dharmika Parishat
21. Zilla Dharmika Parishat
21A. Powers and functions of the Zilla Dharmika Parishat
21B.Qualification and disqualification of the members of the Dharmika Parishats
21C.Removal and disqualification of the members of the Rajya Dharmika Parishat and Zilla
Dharmika Parishat
21D.Meeting of the Rajya Dharmika Parishad and Zilla Dharmika Parishat
21E.Control by the State Governments
21F.Adoption of smaller notified institution by larger institution or charitable institution
22. Omitted
CHAPTER - VI
NOTIFIED INSTITUTIONS
23. Notified Institutions
24. Controlling Authorities
24A. Appointment of Executive Officer and term of office
25. Constitution of the Committee of Management
25A. Provision relating to institution managed by Hereditary Trustee
25B.Power of the Deputy Commissioner to settle scheme for the administration of Charitable
endowments and to decide certain other disputes
26. Term of Office of the Committee of Management and Election of Chairman
27. Meeting of the Committee of Management
28. Power to dissolve the Committee of Management
29. Appointment of Administrator
30. Filling up of casual vacancies
31. Survey and publication of lands and other property of Notified Institutions
32. Power in case of unauthorised alienation or transfer
33. Suits on behalf of notified institutions
34. Arrears of rent due to a Notified Institutions

CHAPTER - VII
BUDGET OF NOTIFIED INSTITUTIONS, ACCOUNTS AND AUDIT
35. Applicability of the provisions of the Act
36. Budget of Notified Institutions
37. Maintenance and Audit of Accounts
38. Audit Report
39. Rectification of Defects disclosed in audit an d orders of surcharge against Chairman or
Executive Officer
40. Rectification of defects detected by Commissioner
41. Obligations of certain Institutions
CHAPTER - VIII
DECLARED INSTITUTIONS
42. Declared Institutions
43. Notice to show casue
44. Effect of Declaration
45. Appointment of Salaried Executive Officer
46. Term of office and duties of Executive Officer
47. Action against Executive Officer
48. Application of the Provisions of Chapters VI and VII in certain cases
CHAPTER - IX
POWERS AND FUNCTIONS OF COMMISSIONER AND
OTHER OFFICERS
49. Power of Commissioner to issue directions
50. Power to institute and hold enquiries
51. Power to take action for protection of property
52. Omitted
53. Registration of temples
54. Encroachment upon lands and buildings
55. Power of Eviction of lessee, licensee or mortgagee with possession in certain cases
56. Power to put Chairman or Executive Officer in possession
57. Chairman or Executive Officer not to lend or borrow moneys
58. Commissioner, etc., to observe appropriate customs, usage's and practices
59. Power to decide questions affecting Hindu Religious or Charitable purpose

60. Power of Inspection and Supervision
61. Investment of Money belonging to a Notified Institution or Declared Institution
62. Alienation of Immoveable Property
CHAPTER - X
APPEAL, REVISION AND EXECUTION OF ORDERS
63. Revisional Powers of Commissioner
63A.Appeal to the Rajya Dharmika Parishat and appeal against its order
63B. Review by the Government
64. Computation of Limitation
65. Civil Procedure Code to apply to Proceedings under the Act
66. Officers holding enquiries to have powers of Civil Court
67. All enquiries to be Judicial Proceedings
68. Bar of Jurisdiction
CHAPTER - XI
MISCELLANEOUS
69. Removal of Discrimination in the distribution of Prasada or Theertha
69A. Abolition of share in hundi and other income of the temple
69B.Bar from collecting fund on behalf of notified institutions or declared institutions
69C.Fixing the standard scales of expenditure
69D. Constitution of Architectural Committee
70. Commissioner and other Officers to be Public Servants
71. Costs and expenses incurred on legal proceedings by the Commissioner, etc.
72. Costs of proceedings before Courts
73. Costs of proceedings before the Commissioner or the Deputy Commissioner or Assistant
Commissioner
74. Court fees
75. Immunity from suits and proceedings
76. Power to make Rules
77. Power to remove difficulties
78. Repeal and Savings
79. Amendment of Karnataka Act 32 of 1974

STATEMENT OF OBJECTS AND REASONS
I
There has been before the State Government, a long standing public demand to bring
about a u niform law to provide for the regulation of all Charitable Endownments and Hindu
Religious Institutions in the State. Which are now regulated under different enactments,
having local application in different parts of the State, namely:-
(1) The Karnataka Religious and Charitable Institutions Act, 1927;
(2) The Madras Hindu Religious and Charitable Endowment Act, 1951;
(3) The Bombay Public Trust Act, 1950;
(4) The Hyderabad Endowment Act, Regulations, 2349F; and
(5) The Coorg Temple Funds Management Act, 1956.
It is therefore proposed to enact a new law to replace the several local Acts to bring
about uniformity in the matter of regulating, by law, the various Charitable Endowment and
Hindu Religious Institutions, especially.
(1) To make the law app licable generally to all Charitable Endowments and Hindu
Religious Institutions, which on the date of commencement of the Act were managed by or
receiving annuity, taldik or other grants from the State Government, and to other Hindu
Religious Institutions which though not under the management of the State Government,
require by reason of mismanagement, to be regulated by the State Government after
notifying them as Declared Institutions.
(2) to provide that the Charitable Institution and Trusts registered under the Karnataka
Societies Registration Act, 1960 or under the Indian Trust Act, 1882 and which are not under
the management of the Government shall continue to be autonomous;
(3) to create Common Pool Fund out of surplus funds of the Notified Religiou s
Institutions, donations etc., for the maintenance and improvement of needy institutions,
managed by an independent committee;
(4) to provide for the founder trustees or their lineal descendants to be nominated to
the managing committee as Chairman, in keeping with the decision of the Supreme Court of
India.
(5) to regulate improper alienation or disposal of property belonging to a notified or
declared institution by nullifying unlawful transfers and providing for expenditions eviction of
unauthorised occupants of property belonging to such institutions; and
(6) to make certain other regulations necessary in the local conditions.
Hence the Bill.
(L.C. Bill No. 4 of 1997 - File No. LAW 112 LGN 1981)

Amending Act 17 of 2007. - In G.O.NO.RD 9 BMM 200 3, dated: 8.9.2005 the posts
of Regional Commissioners at Bangalore, Mysore, Gulbarga and Belgaum along with
supporting staff has been created.

The Regional Commissioners have to be conferred with statutory powers by necessary
amendments to the relevant Acts.
Since the matter was urgent and the Karnataka Legislature was not in session, the
Karnataka Land Revenue and Certain Other Laws (Amendment) Ordinance 2006(Karnataka
Ordinance No.5 of 2006) was promulgated to achieve the above Object.
Hence the Bill.
[L.A.Bill No. 7 of 2007]
[Entry 5 and 18 of List II of the Seventh Schedule to the Constitution of India.]

III
Amending Act 27 of 2011. - The Karnataka Hindu Religious Institutions and
Charitable Endowments Act, 1997 was struck down by the High Court of Karnataka in Writ
Appeal No. 3440/2005. In the civil Appeal No. 5924/2008, the Supreme Court of India has
stayed the operation of the judgement of the High Court and permitted to enforce the Act
except the provision of section 25 of the Act.
The Government had constituted a high level committee to examine the implication of
the judgement and the issue in detail. The High Level Committee had submitted its report.
Having considered the report of the High Level Committee and the directions of the Supreme
Court, it is considered necessary to amend the Karnataka Hindu Religious Institutions and
Charitable Endowments Act, 1997 for the following, namely:-
(1) The maths and temples attached to the maths are kept out of the purview of
the Act, as the maths are headed and managed by mathadipathis.
(2) To constitute Rajya Dharmika Parishat in the State Level and Zilla Dharmka
Parishat in the district level with powers to administer the temples and to settle the disputes
for the better management of religious institutions.
(3) To protect hereditary rights of the trustees and to continue the management
of such temples by the hereditary trustees.
(4) To protect the hereditary right of the Archaks and temple servants and to
allow their legal heirs to continue in service.
(5) To provide for registration of private temples.
(6) To prohibit share in temple hundis and other income to the temple servants.
(7) To prohibit collecting of funds from public in the name of the temples by the
private individuals or organizations.
(8) To provide for constitution of State Level Architectural Committee for the
development works in the temples.
(9) To provide for establishment of survey wing in the department for the survey
of temple land and site property for avoiding encroachment.
(10) To provide for making certain regulations necessary for the administration of
the temples.
Hence, the Bill.
[L.C. Bill No. 04 of 2011, File No. Samvyashae 6 Shasana 2011]
[Entry 28 of List III of the Seventh Schedule to the Constitution of India.]

IV
Amending Act 12 of 2012. - It is considered necessary to amend the Karnataka
Hindu Religious Institutions and Charitable Endowments Act 1997 to remove certain
difficulties faced, while implementing the provisions of the Act and to provide for the
following, namely:-

(1) to specify that the provisions of the Act shall apply to all religious institutions
or charitable endowments notified under section 23;
(2) to provide that section 53 and chapter VIII apply to all religious institutions or
charitable endo wments other than notified religious institutions or charitable
endowments under section 23;
(3) to omit certain overlapping provisions in the Act;
(4) to enable to incur the amount collected under Common Pool Fund for the
purpose of the object of the Act and to grant aid to the establishment and
development of Goshala;

(5) to enhance the term of the nominated members of Rajya Dharmika Parishat
and Zilla Dharmika Parishat from three years to four years;
(6) for certain other consequential amendments.
Hence the Bill.
[L.C. Bill No.9 of 2011, File No.Samvyashae 50 Shasana 2011]
[Entry 28 of List III of the Seventh schedule to the constitution of India.]

Amendment Act 25 of 2024: - It is considered necessary further to amend
the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997
(Karnataka Act 33 of 2001), to revive the provisions of the Bombay Public Trust Act,
1950 (Bombay Act No. XXIX of 1950) in its application to public trusts.
Hence, the Bill.

[L.A. Bill No.32 of 2023, File No. SAMVYASHAE 47 SHASANA 2023]
[Entry 28 of List III of the Seventh Schedule to the Constitution of India.]
[Published in Karnataka Gazette Extra-ordinary No. 267 in part-IVA
dated:10.06.2024]
VI
Amendment Act 02 of 2026:- It is considered necessary further to amend the
Karnataka Hindu Religious Institutions and Charitable Endowment Act, 1997
(Karnataka Act 33 of 2001), to remove the discriminatory provision in respect of,-
(i) leprosy affected persons in conformity with the decision of the
Honorable Supreme Court in Writ Petition (Civil) No. 767/2014 Pankaj
Sinha V/s Union of India, dated: 05.07.2018 read with Writ Petition Civil
No. 1151/2017(PIL-W) Vidhi Centre for Legal Policy V/s Union of India
dated: 24.04.2018; and
(ii) deaf or mute.

Hence, the Bill.

[L.A. Bill No. 77 of 2025, File No. SAMVYASHAE 92 SHASANA 2025]
[Entry 28 of List III of the Seventh Schedule to the Constitution of India]
[Published in Karnataka Gazette Extra-ordinary No.13 in part-IVA dated:07.01.2026]

KARNATAKA ACT NO. 33 OF 2001
(First published in the Karnataka Gazette Extra-ordinary on the second day of November
2001)

THE HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS ACT, 1997
(Received the assent of the president on the twenty fifth day of
October, 2001)
(As amended by Acts 17 of 2007, 27 of 2011, 12 of 2012, 25 of 2024 and 02 of 2026)

An Act to make better provision for the management and administration of The
Hindu Religious Institutions and Charitable Endowments in the State of Karnataka.
Whereas it is expedient to make better provision for the management and
administration of Hindu Religious Institutions and Charitable Endowments in the State of
Karnataka.
Be it enacted by the Karnataka State Legislature in the forty -eighth y ear of the
Republic of India, as follows:-
CHAPTER - I
PRELIMINARY
1. Short title, extent, commencement and application.- (1) This Act may be called
the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997.
(2) It shall extend to the whole of the State of Karnataka.
(3) It shall come into force on such date as the State Government may, by notification
appoint and different dates may be appointed for different classes of Hindu Religious
Institutions and Charitable Endowments.
(This Act came into force w.e.f. 01.05.2003 vide notification No. RD172Musevi 2001, Bangalore, dated: 30.04.2003)
2[1[(4) It shall apply to, all religious institutions or charitable endowments notified
under section 23. Section 53 and Chapter VIII shall apply to all religious institutions or
charitable endowments other than those notified under section 23:
Provided that it shall not apply to a math or temple attached to or managed by
math.]1]2
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.
1.Published in the Karnataka Gazette Part IV -A, Extraordinary No. 2051 dated: 4 -12-2001 (File No. LAW 112
LGN 1981).
Explanation: For the purpose of this Act a mutt means a religious institution presided over
by a person whose principal duty is to engage himself in the teaching and propagation of
religion, teachings and philosophy of the denomination, sect or sampradaya to which the
mutt belongs and in imparting religious instruction and training and rend ering spiritual
service or who exercises or claims to exercise spiritual headship over a body of disciples;
and includes any place or places of religious worship, instruction or training which are
pertinent to the institution.
2. Definitions.-In this Act, unless the context otherwise requires,-

1[(1) “Architectural committee” means the Architectural committee constituted under
Section 69D.]1
4[(2) "Archaka" means and includes Pradhana Archaka, Assistant Archaka, pujari or
other person by whatever name c alled who performs or conducts archane, pooja and other
rituals;]4
(3) 'Assistant Commissioner' means an Assistant Commissioner appointed under
section 4;
(4) 'Chairman' means the chairman of the Committee of Management constituted under
section 25;
1[(5) “Charitable Endowment” means all property given or endowed for any religious
charitable purpose.]1
Explanation: Any property which belonged to, or was given or endowed for the support or
maintenance of a charitable institution or which was given, endo wed or used as of right for
any charitable purpose shall be deemed to be a charitable endowment within the meaning of
this definition notwithstanding that before or after the commencement of this Act the
charitable institution has ceased to exist or the pr operty has ceased to be so used for any
charitable purpose or the objects of the endowment have ceased to be performed;
1[(6) “Charitable Institution” means any establishment, undertaking, organisaton or
association formed for a charitable purpose and in cludes specific endowment and
Dharmadayam.]1
(a) an institution managed by a hereditary trustee having proprietary right over the
institution and the income thereof; and
(b) an institution which is an inseparable integral part of a composite institution
consisting of institutions other than charitable institutions also;
(7) 'Charitable purpose' include,-
(a) relief of poverty or distress including maintenance of rest houses, choultries, houses
for feeding the poor and the like;
(b) the advancement or maintenance of any other object of utility, benefit or welfare to,
or used, as of right by, the Hindu community or a section thereof, not being an object of an
exclusively religious nature.
But does not include a purpose which relates to sports or exclusi vely to religious
teaching or worship;
(8) 'Commissioner' means the Commissioner appointed under
section 3;
(9) 'Committee of Management' means the Committee constituted under section 25;
(10) 'Common Pool Fund' means the fund established under
section 17;
2[(10A) “Composite Institution” means and include an institution of religious and
charitable endowment or place of worship of Hindus and other religion commonly and jointly

worshipped by Hindus and other religion according to the custom, tradition and usa ge
prevailing there in.]2
(11) 'Court' means in relation to a Charitable Endowment or Hindu religious institution in
any area, the District Court having jurisdiction over such area;
(11) 'Declared Institution' means an institution declared under section 42;
2[(12A) “Dharmika Parishat” means the Rajya Dharmika Parishat constituted under
section 20 or Zilla Dharmika Parishat constituted under section 21 as the case may be.]2

(13) 'Deputy Commissioner' means an officer appointed as Deputy Commissioner under
section 4;
(14) 'Executive Officer' means an officer appointed as such under the provisions of this
Act;
2[(14A) “Endowment Survey Officer” means the endowment Survey Officer appointed
under section 3.
(14B) “Family Temple” means any temple established or maintai ned exclusively by the
members of any family either by themselves or family trustees consisting of family members
only.
(14C) “Family Charitable Endowment” means any Charitable Institution established and
maintained exclusively by the funds of a fam ily or by the members of the family which is not
receiving any donation or contribution from public in whatever form.]2
4[(15) "Hereditary office holder" means an office holder and "Hereditary Trustee" means a
trustee of a Hindu Religious Institution or Charitable endowment, succession to whose office,
devolves according to the law of succession or declared as such by any court of law, or by a
statutory authority or recorded as such under any enactment;]4
1[(16) “Hindu Religious Denomination” means a coll ection of Hindu Individuals or
devotees classed together under the same name, a Hindu religious section or sub-section or
body or a section thereof or the spiritual fraternity represented by it having a common faith,
rituals, observances, ceremonies and mo de of worship which is designated by a distinctive
name.]1
1[(17) “Religious Institution” means a temple or an endowment and includes a brindavana,
samadhi, peetha, paduka or any other institution established or maintained for a religious
purpose.]1
(18) 'Inspector' means an Inspector appointed under section 5 ;
(19) 'Manager' means any person who for the time being either alone or in association
with some other person or persons, administers the property of any Hindu Religious
Institution or Charitable Endowment and includes:-
(a) in the case of a Society registered or deemed to be registered under the Karnataka
Societies Registration Act, 1960, and whose property is not vested in a trustee, its governing
body;

(b) in the case of an association not for profit registered under the Companies Act,
1956, the Board of Directors of such association.
2[(19A) “Math” means a religious institution presided over by a person whose
principal duty is to engage himself, in teaching and propagation of religion, teachi ngs and
philosophy of the denomination, sect or sampradaya to which the Math belongs and in
imparting religious instruction and training and rendering spiritual service who exercises or
claims to exercise spiritual headship over a body of disciples and inc ludes any place or
places of religious worship, instruction or training which are pertinent to the institution
including religious institutions attached either religiously or administratively to the Maths.]2
(20) 'Notified Institution' means an institution notified under section 23;
(21) 'Person having interest' includes.-
(a) in the case of a charitable endowment or Hindu religious institution a person who is
entitled to attend to the performance of service, charity or worship or is entitled to partake in
the benefit of any charity or distribution of gifts thereat;
(b) in the case of a society registered or deemed to be registered under the Karnataka
Societies Registration Act, 1960, any member of such society;
(c) in the case of an association not or ganised for profit registered or deemed to be
registered under the Companies Act, 1956 any member of such association;
(d) in the case of any other Hindu religious institution or Charitable Endowment, any
beneficiary;
(22) 'Prescribed Authority' means an authority prescribed under the rules for any of the
purposes of the Act;
(23) 'Religious Endowment' or 'Endowment' means all property belonging to or given or
endowed for the support of a Hindu religious institution 3[xxx]3 or given or endowed for the
performance of any service or charity of a public nature connected therewith or of any other
religious charity, and includes the institution concerned and also the premises thereof but
does not include gifts of property made as personal gifts to the archaka, service-holder or
other employee of a Hindu religious institution.
Explanation: Property which belongs to or was given or endowed for the support of a
Hindu religious institution, or which was given or endowed for the performance of any
service or charity of a public nature connected therewith or of any other religious charity shall
be deemed to be a religious endowment within the meaning of this definition,
notwithstanding that, before or after the commencement of this act, the Hindu religious
institution has ceased to exist or ceased to be used as a place of religious worship or
instruction or the service or charity has ceased to be performed;
(24) 'Religious purpose' includes,-
(a) worship of deities or worship in temples, mandiras, shrines, sama dhis,
brindavanas, gaddiges or similar places;
(b) installing shrines, samadhis, brindavanas, gaddigies or similar places;
(c) fostering spiritual fraternity;

(d) imparting spiritual, moral and religious education and teaching of philosophy;
(e) observance of religious festivals; and
(f) any other public religious purpose;
(25) 'Rules' means the rules made under this Act;
(26) 'Specific Endowment' means any property or money endowed for the performance
of any specific service or charity in a Hindu r eligious institution or charitable institution or for
the performance of any other charity.
Explanation: Where a specific endowment attached to a charitable institution or a Hindu
religious institution is situated partly within the State and partly outsid e the State, control
shall be exercised in accordance with the provisions of this Act over the whole of the specific
endowment provided the Charitable Institution or the Hindu religious institution is situated
within the State;
1[(27) “Temple” means a plac e by whatever name called, used as a place of public
religious worship having separate existence and dedicated to or for the benefit of or used as
of right by the Hindu Community or any section thereof as a place of public religious worship
and includes a Mandira, Samadhi, Brindavana, Gadduge, Shrine, Sub -shrine, Utsav
Mantapa, tank, Paduka -peetha, Daivasthana, Gudi, Garodi or other necessary
appurtenances, structures and land.]1
1. Substituted by Act 27 of 2011 w.e.f. 04.05.2011.
2. Inserted by Act 27 of 2011 w.e.f. 04.05.2011.
3. Omitted by Act 27 of 2011 w.e.f. 04.05.2011.
4. Substituted by 12 of 2012 w.e.f. 05.03.2012

CHAPTER - II
APPOINTMENT OF COMMISSIONER, DEPUTY
COMMISSIONER ETC.,
3. Commissioner.- (1) The State Government may, by notification, appoi nt an Officer
of the cadre of the Indian Administrative Service to be the Commissioner for Hindu Religious
Institutions and Charitable Endowments for the State of Karnataka.
(2) The Commissioner shall be a corporate sole and 1[subject to the powers and
jurisdiction of the Rajya Dharmika Parishat]1 shall have perpetual succession and a common
seal and may sue and be sued in his corporate name.
(3) The Commissioner appointed under sub-section (1) shall exercise such powers and
perform such duties and functions as are conferred by or under the provisions of this act and
shall, subject to such general or special orders as the State Government 2[or Rajya
Dharmika Parishat]2 may make, 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 the State, and such superintendence and control shall
include the power to pass any order which may be deemed necessary to ensure that such
institutions are properly administered and their income is duly appropriated for the purpose
they were found or exist.
1. Inserted by Act 27 of 2011 w.e.f. 04.05.2011.

2. Inserted by Act 12 of 2012 w.e.f. 05.03.2012.
4. Deputy Commissioners and Assi stant Commissioner. - (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 Endowme nts for one or more districts. The Deputy
Commissioner shall subject to the authority of the Commissioner 1[and subject to the powers
and jurisdiction of Zilla Dharmika Parishat] 1 have powers of general superintendence and
control for the purpose of carry ing 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 Hi ndu 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 1[and subject to the powers and jurisdiction of Zilla
Dharmika Parishat]1 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.
1. Inserted by Act 27 of 2011 w.e.f. 04.05.2011.
5. Subordinate Officers.- The State Government may appoint Tahsildars, Inspectors
and such other officers and sub -ordinate staff to assist the Commissioner, the Deputy
Commissioner and Assistant Commissioner in carrying out the provisions of thi s Act and
assign to them such powers, duties and functions under this Act as may be prescribed.
6. Commissioner and other officers to be Government servants. - The
Commissioner, the Deputy Commissioner, Assistant Commissioners, Tahsildars, Inspectors
and other officers and subordinate staff appointed under this Act shall be Government
servants and they shall draw their pay and allowances from the consolidated fund of the
State.
7. Commissioner, etc. to be Hindu. - The Commissioner 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.
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 of ficer 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.

CHAPTER - III
ARCHAKAS AND TEMPLE SERVANTS
9. Appointment of Archakas 1[and temple servants ]1.- (1) The committee of
management of a notified institution may with the approval of the Commissioner appoint one
or more archakas 1[and temple servants]1 to each temple belonging to the institution.
1[Provided that in case of hereditary post, if there is no dispute among the members
of the family, the next in line of succession shall be appointed; with the prior approval of
the commissioner:
Provided further that in case where no legal heir of the hereditary post are available
the Committee of Management may appoint any person as provided under sub-section (1).]1
(2) Where more than one Archaka is appointed the senior among them shall perform
as the Pradhana Archaka. The Pradhana Archaka wherever appointed, and the archakas,
shall perform such duties as the Committee of Management may specify.
(3) Without prejudice to the power of the State Government to prescribe a common
pattern for each category of temples, the number of archakas 1[and temple servants] 1
appointed to the temple shall be in keeping with the practice obtaining in the temple
immediately before the commencement of this Act.
1. Inserted by Act 27 of 2011 w.e.f. 04.05.2011.
10. Qualifications for Archakas. - (1) No person shall be appointed to be a Archaka
unless he has passed atleast a certificate course 1[(pravara)]1 in the Agama in the tradition of
the temple, from any recognised Sanskruta Patashala or any other institution as the State
Government may by notification in the official gazette specify, or has performed as archaka
in the tradition of the temple for at least three years.
1[(2) Archaka other than hereditary Archaks who are in service on the date of the
commencement of the Karnataka Hindu religious institution and charitable endowments
(Amendment) Act, 2011 may be continued as Archaka who shall acquire the prescribed
qualification within the period of five years unless he has crossed forty-five years of age.]1
(3) An Agamika or tanthri wherever appointed to perform poojas in a temple on special
occasions shall continue to perform such functions as the Committee of manageme nt may
specify and shall be governed by such conditions of service as may be prescribed.
Provided that no person shall after the commencement of this Act be appointed to
perform as an Agamika or Tanthri unless he has passed the Pravina course in the Agam a,
from any samskruta patashala or other institutions imparting education in the tradition.
1. Substituted by Act 27 of 2011 w.e.f. 04.05.2011.
1[10A. Disqualification of Archaks .- A person shall be disqualified for being
appointed as Archak or being continued as Archak if he,-
(a) is suffering from any virulent or contagious
disease; or

(b) is unable to recite Vedic mantras or Shlokas relating to the rituals in temple
concerned with clarity and without any fault, other than temples, where reciting
of vedic Mantras or Shlokas is not compulsory or mandatory;
(c) is not free from ‘Sapta Vyasanas’.

Explanation.- The expression ‘Sapta Vyasanas’ means gambling, consuming
intoxicating liquor and drugs, smoking, immoral sexual conduct, involved in heinous crime,
stealing and cheating.]1
1. Inserted by Act 27 of 2011 w.e.f. 04.05.2011.
11. Archakas to be on the Committee of Management. - (1) The Archaka of the
temple, and if there are more Archakas than one, the Pradhana Archaka shall be an ex -
officio member on the committee of management of the temple, and his opinion on any
question of custom or tradition of the temple may be considered by the committee resolving
disputes if any about the custom or tradition of the temple.
(2) Where in any temple an Agamika or Tanthri is performing special pooja or ritual, the
committee of management shall consult him on any question of ritual, custom or tradition to
be followed in the temple. The Committee of management may, if necessary, consult an
Agamika or Tanthri of any other temple in the tradition, on such question.
12. Emoluments and Service Conditions of Archakas. - (1) The State Government
may by rules regulate the emoluments, hours of work and other conditions of service of the
archakas. Such rules m ay provide for appointment and termination of employment, leave
and working hours, rotation of work, 1[retirement of non -hereditary Archaks and temple
servants]1 terminal benefits, misconduct and disciplinary action.
2[(2) the emoluments, pay and allowan ces of Archaks and temple servants shall be fair
and reasonable having due regard to the income, usage, custom and tradition prevailing in
the respective notified institution. The State Government may classify the temples into two
or more classes based on their income, as may be prescribed.]2
(3) In determining the emoluments payable to archakas in all category of temples, the
State Government shall take into account;
(i) entitlement of the Archakas to appropriate the thattekasu and other offerings by th e
devotees at the time of pooja or other seva;
(ii) Any amount receivable by the archaka as a percentage of the fees fixed by the
committee of management for the various sevas offered at the temples.
(iii) Avocation other than the temple service which th e archakas may be free to
undertake during the term of employment.
(iv) Timing if any specified by the committee of management or the State Government,
to keep the temple open to public for performing poojas or other sevas, in a day.
(v) Accommodation and other benefits in kind offered by the committee of management
for the residence and livelihood of the archakas.
(4) The emoluments so determined shall be not less than the minimum rate and not
more than the maximum rate as may be prescribed in the rule s in keeping with the class of
the temple.

Explanation: For the purpose of this section the word archaka shall include an
Agamika, a Tanthri or a Pradhana Archaka wherever appointed.
1. Inserted by Act 27 of 2011 w.e.f. 04.05.2011.
2. Substituted by Act 27 of 2011 w.e.f. 04.05.2011.
13. Register of Temple servants.- As soon as may be after the commencement of this
Act, the Commissioner shall cause to be maintained in each temple a register of temple
servants, which shall contain the name, parentage, date of birth, date of joining service,
qualification and experience, address and such other particulars as may be prescribed in
respect of such temple servants.
14. Pattern of Temple Servants to be determined by rules.- The State Government
may in consultation with the committee of management make rules prescribing a pattern of
temple servants for any class of temples, so however that the existing strength in any
temple, immediately before the commencement of this Act, is not altered except by way of
superannuation or dismissal for misconduct.
15. Salary and Service Conditions of Temple servants.- (1) The salary and service
conditions of temple servants shall be as prescribed by the State Government. Such rule s
may provide for appointment and termination of employment, pay or other terminal benefits,
leave and working hours, misconduct and disciplinary action.
(2) For the purpose of determining salaries payable to the temple servants the State
Government shall follow the same classification of temples as under sub -section (2) of
section 12.
(3) Provisions of sub -section (3) of section 12 shall apply mutatis -mutandis for
determining the salaries payable to temple servants.
16. Mis-conduct and Penalty.- (1) The Committee of management shall be competent
to initiate action and hold enquiry for misconduct, either suo -moto or on complaint received
against an archaka, including an Agamika, Tanthri or Pradhana Archaka and against the
temple servants and to impose app ropriate penalty for proven misconduct. No order
imposing any penalty under this section shall be made except after giving such person a
reasonable opportunity of being heard against the charge.
(2) An appeal shall lie to the Commissioner against every order imposing penalty under
this section. Such appeal shall be made within thirty days from the date of the order
imposing the penalty.

CHAPTER IV
COMMON POOL FUND
17. Creation of Common Pool Fund. - It shall be lawful for the 1[Rajya Dharmika
Parishat]1 to create a fund to be called the Common Pool Fund out of.-
1[(a) contributions made by the notified or declared institutions at the following rate:-
(1) ten percent of the net income in respect of institutions whose gross annual income
exceeds rupees ten lakhs;

(2) five percent of the net income in respect of institutions whose gross annual income
exceed rupees five lakhs but does not exceed rupees ten lakhs.]1
(b) Grants received from the State Government.
1. Substituted by Act 27 of 2011 w.e.f. 04.05.2011.
18. Transfers to Common Pool Fund.- The Commissioner shall on the orders of the
State Government transfer the following amounts to the common pool fund, namely:-
(a) The un-utilised portion of grants made by the State Government for the repairs or
renovations or construction of new places of worship.
(b) funds of defunct Hindu Relegious institutions;
(c) any other sums which the State Government may direct.
19. Administration of Common Pool Fund.- (1) The 1[Rajya Dharmika Parishat] 1
shall administer th e Common Pool Fund subject to the conditions herein stated and for the
following purposes, namely:-
(a) the grant of aid to any other religious institution which is poor or in needy
circumstances;
(b) the grant of aid to any religious purposes connected with the Hindu Religion.
(c) the propogation of the religious tenets of the institution;
(d) the establishment and maintenance of Veda Patashalas, Agama Patashalas and
schools for training the archakas, and for the study of ancient scripts and indian lan guages
for that purpose;
(e) the establishment and maintenance of a university or college or other institution
having for its object the study of Hindu Religion, philosophy or sastras or for imparting
instructions in Hindu temple architecture;
(f) the establishment and maintenance of educational institutions where instructions in
the Hindu religion is also provided;
(g) promotion of temple arts and architurecture;
(h) the establishment and maintenance of orphanages for Hindu childern;
1[(i) payment of terminal benefits to the Archaks and temple servants where there is no
sufficient fund at the credit of the institution;]1
(j) the establishment and maintenance of poor homes for destitute, helpless and
physically disabled persons;
(k) the establishme nt and maintenance of Hospitals and Dispenceries for providing
facilities to philigrims.
(l) any other charitable or Hindu Religious purpose.
3[(m) for establishment and promotion of goshalas by Hindu Relgious Institutions or any
Hindu Organisation.
(n) to meet the objects of the Act.]3

(2) The Common Pool Fund shall be so administered that:-
(i) no contribution or donation received from any person shall be utilised for any
purpose other than the purpose specified if any by the donor.
(ii) contribution and donation made to institution, or institution of any relegious
denomination or any section thereof shall be utilised for the benefit of that particular class or
denomination or section only.
(3) 2[xxx]2
1. Substituted by Act 27 of 2011 w.e.f. 04.05.2011.
2. Omitted by Act 27 of 2011 w.e.f. 04.05.2011.
3. Inserted by Act 12 of 2012 w.e.f. 05.03.2012.

CHAPTER - V
2[Dharmika Parishats]2
1[20. Rajya Dharmika Parishat.-(1) The State Government may, by notification in the
official Gazette constitute the Rajya Dharmika Parishat consisting of the following members,
namely:-
(a) Minister in Charge of Hindu Religious, Institutions and
Charitable Endowments
Chairman
(b) Secretary to Government in charge of Hindu Religious
Institutions and Charitable, Endowments
Vice
Chairman
(c) Commissioner, Hindu Religious Institutions and Charitable
Endowments
Ex-officio
Secretary
(d) Members to be nominated by Government for a period of
2[four years]2
(i) One Retired District Judge
(ii) One Agama scholar
(iii) one vedic scholar
(iv) one person belong to SC or ST
(v) one person belonging to backward classes
(vi) one woman
(vii) two others

member
member
member
member
member
member
member
(2) The members nominated by Government under sub -section (1), except a retired
district Judge, shall hold office subject to the pleasure of Government.
(3) The member nominated by Government shall be a person who has contr ibuted to
the Hindu Religious field but shall not be an office bearer of any political party in any level.
(4) In the event of any vacancy due to death, resignation or otherwise, the
Government may appoint a member for the remaining period of the term of such member.
(5) The Rajya 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 allowances as may be prescribed.
(6) The Government may delegate any of its powers and functions other than the
power to make rules under the provisions of the Act to the Rajya Dharmika Parishat.

(7) In the absence of Chairman, the Vice Chairman shall preside over the meeti ng of
the Rajya Dharmika Parishad.
(8) In the absence of nominated member the remaining members constitute the
Rajya Dharmika Parishat.
(9) All the correspondence in respect of or to the Rajya Dharmika Parishat shall be
made by or to the Secretary, Rajya D harmika Parishat including the power to sue or be
sued.
20A. The powers and functions of the Rajya Dharmika Parishat. - 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 wheth er an institutions is a religious institution or a composite
institution;
(d

Excerpt shown. Open the full act in Lexace.

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