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Amendment of Karnataka Act 32 of 1974 5 STATEMENT OF OBJECTS AND REASONS I There has been before the State Government, a long standing public demand to bring about a uniform 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 applicable 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 Religious 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) II Amending Act 17 of 2007.- In G.O.NO.RD 9 BMM 2003, dated: 8.9.2005 the posts of Regional Commissioners at Bangalore, Mysore, Gulbarga and Belgaum along with supporting staff has been created. 6 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:- 7 (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 endowments 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.] V 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. 8 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] 9 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 year of the Republic of India, as follows:- CHAPTER - I PRELIMINARY