RENUKA YELLAMMA DEVASTHANA (ADMINISTRATION) ACT, 1974
34 of 1974
STATEMENT OF OBJECTS AND REASONS KARNATAKA ACT No. 34 OF 1974 Karnataka Gazette, Extraordinary, dated 8-5-1973 Sri Renuka Yellamma Devasthana is situated within the limits of Ugargol village and 3 miles away from the town of Saundathi, Belgaum District. This institution is a public religious Trust registered under the Bombay Public Trusts Act, 1950. This temple is administered under a scheme framed by the Civil Court in suit No. 318 of 1935. There are two committees managing the affairs of the temple. (1) The Trust Committee and (2) The pilgrims Saundathi Yellamma Municipality Sub-Committee. In the interests of the institution, it has been urged that the administration of the temple should be under one body in order to develop the above temple into a Tourist-cum-Pilgrims Centre, and to provide better amenities to the pilgrims resorting to this temple. This temple is a popular place of pilgrimage. In order to provide for the better administration and governance of the above temple and for the proper utilisation of funds this Bill is proposed.
An Act to provide for the administration and control of Sri Renuka Yellamma Devasthana in Saundathi, Whereas, it is expedient to provide for the administration and control of Sri Renuka Yellamma Devasthana in Saundathi in the Belgaum district; Be it enacted by the Karnataka State Legislature in the Twenty-fifth Year of the Republic of India as follows.
CHAPTER 1 Preliminary
Section 1 Short title and commencement
(1) This Act may be called the Renuka Yellamma Devasthana (Administration) Act, 1974.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
Section 2 Application of the Act
Notwithstanding anything contained in the Bombay Public Trusts Act, 1950 (Bombay Act XXIX of 1950) or any other law or any decree, scheme, order or direction passed, framed, made or issued by any Court or officer or authority, the provisions of this Act shall apply to the administration and control of Sri Renuka Yellamma Devasthana in Saundathi in the Belgaum District of the State of Karnataka.
Section 3 Definitions
In this Act, unless the context otherwise requires.
(1) "Board" means the Board of Trustees of the Devasthana, established under Section 4;
(2) "Commissioner" means the Commissioner for Religious and Charitable Endowments for the State of Karnataka;
(3) "Court" means the District Court having jurisdiction over the area in which the Devasthana is situated;
(4) "Devasthana" means the Sri Yellamma alias Renuka Devasthana in Saundathi and includes the other temples, buildings and premises described in the Schedule and all other endowments and properties in the name of and vesting in the said Devasthana;
(5) "Endowments" means all properties belonging to or endowed for the support of the Devasthana, for the performance of any service or charity connected therewith, and includes any offerings made to the idols in any temple of the Devasthana;
(6) "Executive Officer" means the Executive Officer appointed under Section 12;
(7) "Member" means a member of the Board;
(8) "Person having interest" means a person who is entitled to attend at the performance of worship or service in the Devasthana and includes the Commissioner, the Board and the Executive Officer;
(9) "Prescribed" means prescribed by rules made under this Act;
(10) "Pujari" means a person who renders the customary worship or service to the main deity and the other minor deities;
(11) "Schedule" means a Schedule to this Act;
(12) "Sevakari" means a person rendering customary service to the Devasthana;
(13) "Specific endowment" means any property endowed or money invested for the performance of any particular service or any particular charity connected with the Devasthana;
(14) "Year" means the year commencing on the 1[First day of April].
CHAPTER 2 The Board and the Executive Officer
Section 4 Establishment of the Board
(1) There shall be established a Board of Trustees for the administration of the Devasthana consisting of a Chairman and not more than six other members, who shall be persons professing the Hindu religion, appointed by the State Government.
(2) Every member including the Chairman, shall hold office for a period of three years, unless within that period he has resigned or has otherwise ceased to be a member.
Section 5 Disqualifications for appointment as member
A person shall be disqualified for being appointed as or for being a member, if he.
(a) is an undischarged insolvent; or
(b) is of unsound mind and stands so declared by a competent Court; or
(c) has, directly or indirectly by himself, by his wife or son or by any partner, any share or interest in any subsisting contract or employment with, by or on behalf of the Board; or
(d) is employed as a paid legal practitioner on behalf of or as a legal practitioner against the Devasthana; or
(e) has been convicted of an offence under the Untouchability (Offences) Act, 1955 or of an offence which, in the opinion of the State Government involves moral turpitude and such conviction has not been set aside; or
(f) holds any office of profit under the Board or the Devasthana or is a person in receipt of any emolument or perquisite from the Devasthana; or
(g) has not completed twenty-five years of age; or
(h) does not profess the Hindu religion.
Section 6 Removal or suspension of a member
(1) The State Government may, after such inquiry as may be necessary, remove from office the Chairman or any other member if he.
(a) refuses to act; or
(b) has become incapable of acting; or
(c) has abused his position in the Board; or
(d) fails without sufficient reasons to attend three consecutive meetings of the Board, and such absence has not been condoned by the Board; or
(e) has since his appointment incurred any disqualification referred to in Section 5; or
(f) is otherwise unsuitable to continue in the Board.
(2) No order of removal under sub-section (1) shall be made unless the member concerned has been given an opportunity of being heard:
Provided that a member may be suspended by the State Government pending an enquiry against him.
Section 7 Resignation
A member may by writing addressed to the State Government tender his resignation and if it is accepted by the State Government he shall cease to be a member from the date of such acceptance.
Section 8 Vacancy in the office of members
Where a vacancy in the office of a member has arisen due to death, resignation or any other cause, the State Government shall appoint another person in his place and such person shall hold office for the residue of the term of office of the member in whose place he is appointed.
Section 9 Meetings of the Board
The Board shall meet at such time and at such place and shall conduct its business in such manner as may be prescribed.
Section 10 Members not entitled to remuneration
No member of the Board shall receive or be paid any salary or other remuneration from the funds of the Devasthana except such travelling and daily allowances as may be prescribed.
Section 11 Powers and duties of the Board
Subject to the rules made under this Act, the powers and duties of the Board shall be.
(a) to administer the affairs of the Devasthana and to keep the Devasthana in proper order and good repairs;
(b) to organise and regulate periodical functions at the Devasthana;
(c) to fix, subject to such conditions as the Commissioner may impose, fees for the performance of archanas or any service or ritual or ceremony and to determine what portion, if any, of such fees shall be paid to the pujaris or servants of the Devasthana and to fix, from time to time, the emoluments or 1[perquisites] attached to the office of the pujaris or servants of the Devasthana having regard to its financial position and to commute such emoluments and perquisites in terms of money;
(d) to do such other acts as may be prescribed and as are incidental or conducive to the efficient administration of the affairs of the Devasthana.
Section 12 Appointment of salaried Executive Officer and other staff
(1) The State Government shall appoint a salaried Executive Officer and such number of other officers as it considers necessary to assist him on such remuneration as may be fixed by it and shall have power to suspend, remove or dismiss any of them from office or impose such penalty after following such procedure as may be prescribed.
(2) The Executive Officer and the other officers appointed under sub-section (1) shall be persons professing the Hindu religion and shall cease to hold office when they cease to profess the same.
(3) The Executive Officer and the other officers appointed by the State Government shall deemed to be public servants within the meaning of S.21 of the Indian Penal Code, 1860.
Section 13 Powers and duties of Executive Officers and other officers
(1) Subject to such conditions and restrictions as may be laid down by the State Government either in the rules or in any general or special order and subject to the general control of the Board, the Executive Officer.
(a) shall have power to manage the institutions, properties and affairs of the Devasthana;
(b) shall be responsible for the proper custody of all the properties, records, jewels, moneys, funds and other valuables belonging to the Devasthana; and
(c) shall arrange for the proper collection of the income of and for the incurring of expenditure for the Devasthana.
(2) The Executive Officer may, in case of emergency direct the execution of any work or the doing of any act which is not provided for in the budget for the year and the immediate execution or the doing of which is, in his opinion, necessary for the preservation of the properties of the Devasthana, for the service or safety of the pilgrims resorting thereto and may direct that the expenses of executing such work or the doing of such act shall be paid from the funds of the Devasthana;
Provided that the Executive Officer shall report forthwith to the Board any action taken by him under this sub-section and the reasons therefor.
(3) The Executive Officer may delegate any of the powers conferred or duties imposed on him by or under this Act to any other officer appointed under Section 12 to assist him, subject to such restrictions and control as the State Government may, by general or special order, lay down and also subject to such limitations and conditions, if any, as may be specified in the order of delegation.
(4) The Board may delegate to the Executive Officer such of its powers, duties or functions as may be prescribed.
Section 14 Appointment and punishment
(1) All appointments of pujaris and other servants of the Devasthana shall be made in accordance with the rules made under this Act.
(2) The power and the procedure to be followed to punish the pujaris and other servants shall be subject to such terms and conditions as may be prescribed.
Section 15 Suits and other legal proceedings by or against Devasthana
In all suits and other legal proceedings by or against the Devasthana, the pleadings shall be signed and verified by the Executive Officer and all processes in such suits and proceedings shall be issued to or served on the Executive Officer.
Section 16 Dissolution of the Beard
(1) If at any time it appears to the State Government that the Board has failed to perform its functions or has exceeded or abused any of the powers conferred upon it by or under this Act, the State Government may communicate the particulars thereof to the Board, requiring it to remedy the same, within such time as may be specified and if the Board fails to remedy such defect, or to give a satisfactory explanation therefor within the time specified, the State Government may, by order dissolve the Board.
(2) Where the Board has ceased to function after the expiration of its term or where the Board has been dissolved under sub-section (1), the State Government may, for the reasons to be recorded in writing, appoint a specified authority and cause any or all the functions to be performed by such specified authority for such period, not exceeding one year as it may think fit. A new Board shall be re-constituted by the State Government before the expiry of the said period of one year in accordance with this Act.
CHAPTER 3 Commissioner
Section 17 Power of Commissioner to call for records and pass orders
(1)The Commissioner may call for and examine the records of the Board or the Executive Officer in respect of any proceedings under this Act (not being a proceeding in respect of which a suit or an appeal to a Court is provided by this Act) to satisfy himself as to the regularity of such proceeding or the correctness, legality or propriety of a decision or order passed therein.
(2) If it appears to the Commissioner that the decision or the order should be modified, reversed or remitted for reconsideration, he may pass orders accordingly.
(3) The Commissioner shall not pass any order affecting any party under sub-section (2) without giving him an opportunity of being heard.
(4) The Commissioner may stay the execution of any decision or order of the nature referred to in sub-section (1) pending the exercise of his powers under sub-section (2).
Section 18 Other powers of the Commissioner
Subject to the provisions of this Act, the administration of the Devasthana shall be subject to the general superintendence and control of the Commissioner and such superintendence and control shall include the power to pass any order which may be deemed necessary to ensure that the Devasthana and the endowments are properly administered and that the income of the Devasthana and the endowments are duly appropriated.
Section 19 Duty of the Board and Executive Officer to obey orders
The Board and the Executive Officer shall obey all lawful orders issued under the provisions of this Act by the Commissioner.
Section 20 Inspections
The Commissioner or any officer deputed by him in this behalf may inspect any movable or immovable properly belonging to, and all records, correspondence, plans, accounts and other documents relating to the Devasthana. All officers and servants of the Devasthana shall afford necessary facilities for such inspection.
Section 21 Contribution by the Board
The Board shall pay to the "administration fund" vested in the Commissioner every year from out of the funds of. the Devasthana a contribution not exceeding eight per cent of the income of the Devasthana calculated in such manner as may be prescribed. If the amount of contribution is not paid within the time prescribed, the Commissioner shall call upon the Executive Officer to pay the amount from the Devasthana funds and thereupon the Executive Officer shall pay the amount.
CHAPTER 4 Audit
Section 22 Audit
(1) The State Government shall annually appoint an auditor to audit the account of the Devasthana and fix the remuneration which shall be paid to such auditor from the Devasthana funds. The auditor shall send his report to the Commissioner.
(2) The Commissioner shall send a copy of the Audit Report to the Board and it shall be the duty of the Board to remedy, within such time as may be specified by the Commissioner any defects or irregularities pointed out by the auditor and report the same to the Commissioner.
Section 23 Surcharge
(1) If, on a consideration of the audit report and the report of the Board and the Executive Officer and after such inquiry as may be necessary, the Commissioner considers that the Board or the Executive Officer or any other person has been guilty of irregular, illegal or improper expenditure or has caused loss or waste of money or other property by failure to recover moneys due or other property belonging to the Devasthana or by neglect or misconduct or misapplication or collusion or fraudulent transactions or breach of trust, the Commissioner may, after giving notice to the Board, the Executive Officer or such other person to show cause why an order of surcharge should not be passed against it or him and after considering its or his explanation, if any, by order, certify the amount spent or the amount or value of the property so lost or wasted or the amount of loss caused and direct the members or the Executive Officer or such other person, as the case may be, to pay within a specified time such amount or value personally:
Provided that if, in respect of any expenditure or dealing with the property of the Devasthana, the Board or the Executive Officer or such person had obtained the directions of the Commissioner and had acted in accordance with such directions, it or he shall not be held liable.
(2) The Commissioner shall forward a copy of the order under sub-section (1) with the reasons for the same by registered post to the members of the Board or the Executive Officer or other person concerned.
(3) The members or the Executive Officer or other person aggrieved by any order under sub-section (1) may, within thirty days of the receipt by him of the order.
(a) apply to the Court to modify or set aside the order, and the Court, after taking such evidence as is necessary may, confirm, modify or remit the surcharge with such orders as to costs as it may think appropriate in the circumstances; or
(b) in lieu of such application appeal to the State Government which shall pass such orders as it thinks fit.
(4) Neither the Court nor the State Government to which an application or appeal is made or preferred under sub-section (3) shall have power to stay the operation of the order pending the disposal of the application or appeal.
(5) The Deputy Commissioner of the district in which is situated any property of the person from whom an amount is recoverable by way of surcharge shall, on a requisition made by the Commissioner, recover such amount as if it were an arrear of land revenue and pay the same to the Devasthana.
(6) Where the Commissioner is satisfied that the members or the Executive Officer or any other person with intent to defeat or delay the execution of any order that may be made under sub-section (1).
(a) is about to dispose of the whole or any part of his property; or
(b) is about to remove the whole or any part of his property from the jurisdiction of the Commissioner, the Commissioner may, unless adequate security is furnished, apply to the Court for a conditional attachment of the said property or such part thereof, as he thinks necessary and the Court may pass such order as it deems fit.
CHAPTER 5 Special Provisions
Section 24 Modification of certain enactments
(1) The State Government, may by notification in the Official Gazette, direct that any of the provisions of the Karnataka Village Panchayats and Local Boards Act, 1959 (Karnataka Act 10 of 1959) or the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964) or any other enactment in force in the area of the Devasthana shall apply to that area only to such extent and subject to such modifications and restrictions as may be specified in the notification. In particular, the notification may authorise the Executive Officer or any other officer or authority subject to such control as may be specified in the notification, to perform the duties and exercise the powers assigned to a village panchayat or to a municipal council.
(2) On the issue of a notification under sub-section (1) the area of the Devasthana shall, notwithstanding anything in the enactments mentioned in the said sub-section, be deemed to be a village panchayat or a municipality as the case may be, for purposes of the said enactments and the Executive Officer shall be deemed to be the authority competent to exercise the powers and discharge the duties of the village panchayat or municipal council as the case may be, under the provisions of the said enactments.
(3) The State Government may, by notification in the Official Gazette, authorise the Executive Officer to levy tolls in the prescribed manner in respect of any road including ghat road leading to the Devasthana which has been and may hereafter be constructed wholly or partly from the funds of the Devasthana and situated within the area of the Devasthana at such rates and for such period as may be specified in the notification.
(4) The Executive Officer may place the collection of tolls under the management of such persons as may appear to him proper or farm out the same on such terms and conditions as he may think fit.
(5) The provisions of S.3 of the TOLLS ACT, 1851S.4 OF THE TOLLS ACT, 1851S.5 OF THE TOLLS ACT, 1851S.6 OF THE TOLLS ACT, 1851 and S.7 of the Indian Tolls Act, 1851, shall, as far as may be, apply to the collection of tolls and the persons under whose management the collection of such tolls may be placed, as well as the persons to whom such collection may be formed out and their agents and servants shall be deemed to be persons duly authorised to collect the tolls.
CHAPTER 6 Utilisation of Devasthana Funds
Section 25 Utilisation of Devasthana Funds.
The funds of the Devasthana may be utilised for all or any of the following purposes, namely.
(i) maintenance, management and administration of the Devasthana, the endowments and the properties of the Devasthana;
(ii) the establishment and maintenance of hospitals and dispensaries for the relief of pilgrims and worshippers visiting the temples;
(iii) the construction and maintenance of choultries and rest-houses for the use and accommodation of the pilgrims, worshippers and visitors;
(iv) the provision of water supply and sanitary arrangements to the pilgrims and worshippers and visitors;
(v) the acquisition of any land or other immovable property for the purpose of the Devasthana if such acquisition is sanctioned by the State Government;
(vi) the establishment and maintenance of a dairy farm and veterinary hospital for the animals of the Devasthana;
(vii) the construction and maintenance of roads and communications and the lighting thereof for the convenience of the pilgrims and worshippers;
(viii) the training of pujaris to perform the religious worship and ceremonies in the Devasthana;
(ix) propagation of the tenets and philosophy associated with the Devasthana;
(x) the training of persons belonging to all castes of Hindus who are devotees of the Devasthana, in the performance of religious worship and ceremonies of the Devasthana;
(xi) any work or undertaking for the purpose of the Devasthana, authorised by the State Government; and
(xii) any other purpose connected with or incidental to the Devasthana, authorised by the State Government.
Section 26 Other purposes
(1) The Board may, without prejudice to the provisions of Section 25 and with the previous sanction of the Commissioner, order that the surplus funds of the Devasthana may be utilised for-
(i) the establishment and maintenance of schools and colleges including a college in which special provision is made for the study of the Hindu religion or philosophy or sastras;
(ii) granting donations to any educational institution in the area of the Devasthana;
(iii) promoting the study of Sanskrit and other Indian languages and the cultivation of Indian arts and architecture;
(iv) establishment and maintenance of hospital generally;
(v) establishment and maintenance of an asylum for those suffering from leprosy;
(vi) the construction and maintenance or the making of any grant or contribution to any poor home for the physically disabled and helpless or other similar institution in the area of the Devasthana;
(vii) any charitable or religious purpose not inconsistent with the objects of the Devasthana.
(2) The Board may, with the previous sanction of the Commissioner, modify or cancel any order passed under sub-section (1).
(3) The order of the Board under sub-section (1) or sub-section (2) shall be published in the prescribed manner.
(4) Any person having interest may, within three months from the date of publication of the order under sub-section (3) institute a suit in the Court to modify or set aside such order and subject to the result of such suit, the order of the Board shall be final.
(5) Any decision of the Court under sub-section (4) may, at any time, for sufficient cause be modified or cancelled by the Courts on the application of the Board.
Section 27 Budget
(1) The Executive Officer shall every year prepare at such time and in such form as may be prescribed a budget of the estimated receipts and expenditure of the Devasthana for the following year and place it before the Board which may approve it without modification or with such modifications as it deems fit.
(2) A copy of the budget passed by the Board shall be forwarded to the Commissioner not less than two months before the end of the year previous to that for which the budget is prepared.
(3) The Commissioner shall satisfy himself that adequate provision has been made in the budget for the prescribed working balance and for meeting of the liabilities of the Devasthana.
(4) Where such adequate provision has not been made in the budget, the Commissioner shall order provision to be made and amend the budget accordingly.
CHAPTER 7 Miscellaneous
Section 28 Application to Court
(1) The Board or the Executive Officer or any other person having interest may institute a suit in the Court to obtain a decree.
(a) vesting any property in the Board; or
(b) declaring what portion of the endowment or of the interest therein shall be allocated to any particular object.
(2) S.92 OF THE CODE OF CIVIL PROCEDURE, 1908 and S.93 OF THE CODE OF CIVIL PROCEDURE, 1908 and Or.1R.3 of the First Schedule to the Code of Civil Procedure, 1908, shall have no application to any suit claiming any relief in respect of the administration or management of the Devasthana and no suit in respect of the administration or management shall be instituted except as provided by this Act.
Section 29 Possession of Devasthana property
(1) The Executive Officer shall be entitled to take and be in possession of all the institutions, properties, jewels, records and documents of the Devasthana.
(2) If in obtaining such possession, the Executive Officer is resisted or objected by any person, he may make an application to the Court, complaining of such resistance or objection and the Court shall, unless it is satisfied that the resistance or objection was occasioned by any person claiming in good faith to be in possession on his own account or by virtue of some right independent of that of the Devasthana, make an order that the Board be put in possession and such order shall, subject to the result of any suit that may be filed to establish the right to the possession of the property, be final.
Section 30 Expenses of suit under Section 29
The costs, charges and expenses of and incidental to, any suit or application under Section 28 and Section 29 shall be in the discretion of the Court which may direct the whole or any part of such costs, charges and expenses to be met from the funds of the Devasthana or to be borne in such manner by such persons as it thinks fit: Provided that all costs and expenses incurred by the Commissioner, the Board or by the Executive Officer in connection with any legal proceedings required in the interests of the Devasthana shall be payable out of the funds of the Devasthana.
Section 31 Duties of trustees of specific endowments
Every trustee of a specific endowment shall perform the service or charity therein subject to the general superintendence of the Executive Officer and such orders as he may issue. Such trustee shall be in possession of the specific endowment as he may be entitled to and shall also maintain and submit to the Executive Officer such accounts, registers and returns as the Board may require. The accounts of a specific endowment shall be annually audited by an auditor appointed by the Commissioner. He shall be paid such remuneration from the funds of such endowment as the Commissioner may fix.
Section 32 Limitation Act not to apply
Nothing contained in the Indian Limitation Act, 1963 (Central Act 36 of 1963) shall be deemed to vest in any person, any property or funds of the Devasthana which had not vested in such person or his predecessor-in-title before the commencement of this Act.
Section 33 Revision
(1) The State Government may call for and examine the records of the Commissioner or the Board or the Executive Officer in respect of any proceedings, not being a proceeding in respect of which a suit or an appeal to a Court is provided by this Act, to satisfy itself as to the regularity of such proceedings or the correctness, legality or propriety of any decision or order passed therein and if in any case it appears to the State Government that any such decision or order should be modified, annulled, reversed or remitted for reconsideration they may pass order accordingly:
Provided that no such order shall be passed without affording the party affected a reasonable opportunity of making his representation.
(2) The State Government may, pending final orders under sub-section (1), stay any order or proceeding proposed to be revised.
Section 34 Encroachments
(1) Where the Executive Officer is satisfied that any person has encroached on any land or building belonging to the Devasthana which is appurtenant to or adjoining the Devasthana or any sacred tank, well, spring or water course, whether situated within or outside the precincts thereof, or any space within or outside the prakarams, mantapas, courtyards or corridors of the religious institution, the Executive Officer may cause to be served upon the encroacher a notice specifying the particulars of encroachment and calling on him to show cause before a certain date why an order requiring him to remove the encroachment before the date specified in the notice should not be made.
(2) The notice referred to in sub-section (1) shall be served in such manner as may be prescribed.
(3) After considering the objections, if any, of the encroachers, the Executive Officer may, by order, require the encroacher to deliver possession of the land or building encroached upon before the date specified in the order.
(4) The order of the Executive Officer shall be in writing and shall contain the grounds on which he has passed the order.
(5) The person aggrieved by an order under sub-section (4), may within thirty days from the date of receipt by him of such order, prefer an appeal to the Commissioner. The decision of the Commissioner shall be final.
Section 35 Encroachments
Possession of jewels, etc. Notwithstanding anything contained in any scheme or in any decree or order of a Court or any custom or usage to the contrary, no pujari, sevakari or servant of the Devasthana or other person shall have the right to be in possession of the jewels or other valuables belonging to the Devasthana except under such conditions and safeguards as the Commissioner may, by general or special order, direct.
Section 36 Commissioner to sanction compromise for legal proceedings
No suit, application or appeal pending before a Court to which the Devasthana is a party shall be withdrawn or compromised by the Board or the Executive Officer except with the previous sanction of the Commissioner.
Section 37 Fixing of standard scale of expenditure
(1) The Board shall submit to me Commissioner within three months from the date of the commencement of this Act or within such further time as may be allowed by the Commissioner, proposals for fixing the "dittam" or scale of expenditure in the Devasthana and the amount which should be allotted to the various objects connected with the Devasthana or the proportions, in which the income or other property of the Devasthana may be applied to such object.
(2) The Board shall publish such proposal at the premises of the Devasthana and in such other manner as may be required by the Commissioner, together with a notice stating that, within one month from the date of such publication, any person having interest may submit objections or suggestions to the Commissioner.
(3) After the expiry of the said period, the Commissioner shall, after considering any objections and suggestions received, pass such order as he may think fit on such proposals, having regard to the established usage of the Devasthana and its financial position and a copy of the order shall be communicated to the Board and Executive Officer. The order of the Commissioner shall be published in the prescribed manner.
(4) The Board and the Executive Officer shall scrutinise the particulars of the dittam or scale of expenditure every three years and submit to the Commissioner proposals for altering the dittam or scale of expenditure and the provisions of sub-sections (2) and (3) shall apply in relation to the alteration of such dittam or scale of expenditure as they apply in relation to the fixing of dittam or scale of expenditure:
Provided that the Commissioner may, at any time on his own motion, for reasons to be recorded in writing direct the Board and the Executive Officer to alter the dittam or scale of expenditure and the procedure for such alteration shall be the same as laid down in this section.
Section 38 Restriction on the disposal of properly
(1) No immovable property belonging to, or given or endowed for the purposes of the Devasthana shall be transferred by way of exchange, sale, gift, mortgage or lease for a term exceeding five years except in cases other than a transfer by way of gift with previous sanction of the Commissioner. Before giving such sanction the Commissioner shall satisfy himself that the transfer is necessary or beneficial to the Devasthana.
Explanation.For purposes of this section, any lease though for a term not exceeding five years shall, if it contains a provision for renewal for a further term so as to exceed five years in the aggregate whether subject to any condition or not be deemed to be a lease for a period exceeding five years.
(2) Any transfer in contravention of the provisions of sub-section (1) shall be null and void and be of no effect.
Section 39 Public officers to furnish copies of or extracts from certain documents
Notwithstanding anything contained in any law, all public officers having custody of any record, register, report or other documents relating to the Devasthana or any movable or immovable property of the Devasthana shall furnish such copies of or extracts from the same as may be required by the Executive Officer.
Section 40 Bequest under Will for benefit of Devasthana
(1) Where under any Will, a 11. Substituted for the word "request" by Act No. 22 of 2000, w.e.f. 29-11-2000. [bequest] has been made in favour of the Devasthana, it shall be the duty of the executor under the Will to forward a copy thereof to the Executive Officer, where such Will has been or is required to be registered.
(2) No probate of any such Will or letters of administration with such Will annexed shall be granted by any Court unless it is satisfied that a copy of such Will has been forwarded to the Executive Officer as provided by sub-section (1).
Section 41 Obstruction of possession
(1) If the Board or the Executive Officer is resisted in, or prevented from, obtaining possession of the Devasthana or of the records, accounts and properties thereof, by a trustee or Board of Trustees dismissed or suspended from office or is otherwise not entitled to be in possession or by any person claiming or deriving title from such trustee, Board of Trustees or servant, not being a person claiming in good faith to be in possession on his own account or on account of some person not being such trustee or servant, the Magistrate of the First Class in whose jurisdiction such property is situated shall, on application by the person or persons authorised by the Board and where the application is for possession of property, on production of a certificate by the Commissioner in the prescribed form setting forth mat the property in question belongs to the Devasthana, direct delivery to the person authorised as aforesaid, of the possession of such religious institution, or the records, accounts and properties thereof, as the case may be:
Provided that before issuing any such certificate in respect of any property the Commissioner shall give notice to the trustee or servant of the religious institution, as the case may be, of his intention to issue the certificate and consider the objections, if any, of such trustee or servant:
Provided further that for the purpose of proceedings under this sub-section, the certificate aforesaid shall be conclusive evidence that the properties to which it relates belong to the Devasthana:
Provided also that nothing contained in this sub-section shall debar the filing of a suit in the Court by any person aggrieved by an order under this sub-section, for establishing his title to the said property.
Explanation. A person claiming under an alienation contrary to the provisions of Section 38 shall not be regarded as a person claiming in good faith within the meaning of this sub-section.
(2) The Magistrate acting under sub-section (1) may pending disposal of an application for directing delivery to the person authorised to take possession of the properties mentioned in the certificate by the Commissioner, appoint a Receiver to take possession of such properties or such portion therein as may be necessary. The remuneration, if any paid to the Receiver and other expenses incurred by him shall be paid out of the funds of the Devasthana.
Section 42 Board or Executive Officer not to lend or borrow money without sanction
Neither the Board nor the Executive Officer shall either lend moneys of, or borrow moneys for the purpose of, or on behalf of, the Devasthana except with the sanction of the Commissioner and subject to such conditions and limitations as may be prescribed.
Section 43 Removal of discrimination in the distribution of prasada or theertha
Notwithstanding anything in this Act or in any text, rule or interpretation of Hindu Law or any custom or usage as part of that law or in any other law or in any decree of any Court, there shall be no discrimination in the distribution of any prasada or theertha in any institution of the Devasthana on grounds only of caste, sex, place of birth or any of them.
Explanation. In this section.
(a) "Prasada" means any cooked rice or other eatable, any fruit, flower, leaf, vibhuti, kumkum, tulsi, bilvam, turmeric, sandal paste and includes such other things as the State Government may, by notification, specify;
(b) "Theertha" means sacred water, jaggery water or milk and includes such other liquid as the State Government may, by notification, specify.
Section 44 Rules
(1) The State Government may, by notification published in the Official Gazette and after previous publication, make rules to carry out all or any of the purposes of the Act.
(2) In particular and without prejudice to the generality of the foregoing power, rules may be made to determine.
(a) all matters expressly required or allowed by this Act to be prescribed;
(b) the grant of leave and allowances to and payment of contributions towards the pension of the Executive Officers and other Officers appointed by the State Government;
(c) the grant of travelling and daily allowances to the Executive Officer and other officers appointed by the Government;
(d) the grant of travelling and daily allowances to the members of the Board of Trustees;
(e) the preparation of the Budget Estimates for the Devasthana;
(f) the preparation and sanction of the estimates and acceptance of tenders in respect of public works and supplies;
(g) the convening of meetings and the transaction of the business of the Board;
(h) the audit of the account of the Devasthana and the particulars to be mentioned in the audit report;
(i) the recovery of amounts payable to auditors appointed by the Government;
(j) the maintenance and custody of the accounts, records and the documents of the Devasthana;
(k) the condition of service, discipline and conduct of pujaris and other servants of the Devasthana.
(3) Every rule made under mis section shall be laid as soon as may be after it is made before each House of the State Legislature while 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 immediately following, bom Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall from the date on which the modification or annulment is notified by the State Government in the Official Gazette, 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.
SCHEDULE 1 Temple, buildings and premises in the name of and vesting in Sri Yellamma alias Renuka Devasthana
29
04
0
325
2.
do
562
10-13
17
10
0
3.
do
552
18-00
24
07
0
280
4.
do
563
11-09
18
04
0
160
5.
do
566/1
5-35
8
14
6
75
6.
do
84
3-34
6
01
0
75
7.
do
112
3-37
6
21
20
125
8.
do
184/2A
7-7
9
01
12
700
9.
Hirekumbi
172
15-12
28
12
0
300
10.
do
120/E-3
10-09
19
14
0
120
11.
do
176/1-2
11-12
18
10
0
175
12.
Dhaderkop
90/2
8-36
17
11
0
140
13.
Ydravi
312 Block No. C.T.S.
8-25
4
14 0 M. Tax
41
14.
Yellamma
Hills
168
44 Yds.
9-38
0
325
Open space.
RENUKA YELLAMMA DEVASTHANA (ADMINISTRATION) RULES, 1975
Whereas, the draft of the rules called the Renuka Yellamma Devasthana (Administration) Rules, 1975 was published as required by sub-section (1) of Section 44 of the Renuka Yellamma Devasthana (Administration) Act, 1974 (Karnataka Act No. 34 of 1974) in Notification No. GSR 204 (RD 141 MET 74, dated 15th July, 1975 in Part IV, Section 2-C(i) of the Karnataka Gazette, dated 31st July, 1975 inviting objections and suggestions from all persons likely to be affected giving 30 days time from the date of issue of notification calling objections; Whereas, copies of the said Gazette were made available to the public; And whereas, only two objections one from the Town Municipal Council, Saundatti and another from Shree Parasurama Devara Trust Committee were received; And whereas, the State Government has considered the objections and has found them to be not legally tenable; Now, therefore, in exercise of the powers conferred by Section 44 of the Renuka Yellamma Devasthana (Administration) Act, 1974 (Karnataka Act No. 34) the Government of Karnataka hereby makes the following rules, namely
Rule 1 Title and commencement
(1) These rules may be called the Renuka Yellamma Devasthana (Administration) Rules, 1975.
(2) They shall come into force at once.
Rule 2 Definitions
In these rules, unless the context otherwise requires.
(a) "Act" means the Renuka Yellamma Devasthana (Administration) Act, 1974 (Karnataka Act No. 34 of 1974);
(b) "Chairman" means the Chairman of the Board;
(c) "Executive Officer" means the Executive Officer of the Devasthana appointed by the Government;
(d) "Form" means a form appended to these rules;
(e) "Section" means a section of the Act.
Rule 3 Office of the Board
The head office of the Board shall be at Saundatti, in Saundatti Taluk of Belgaum District.
Rule 4 Meetings of the Board
(1) The Board shall meet atleast once in two months at its head office or at such other place near the Devasthana as the Chairman or it may fix. The date and time of the meeting shall be fixed by the Chairman.
(2) The Chairman if he thinks fit and shall on the receipt of a written requisition from the majority of the members call a special meeting and fix the date, time and place of the special meeting.
(3) Every meeting of the Board shall be presided over by the Chairman and in his absence by a person elected for the purpose by the members present from among themselves.
(4) No business shall be transacted at any meeting of the Board unless atleast four members thereof are present.
(5) Questions arising at A meeting of the Board shall be decided by a majority of the votes of the members present thereat, and the Chairman or the person presiding shall have and exercise his casting vote in the case of equality of votes.
(6) The Executive Officer shall be present at the meetings, produce whatever Accounts Registers or records, cash or other moveable properties which are called for by the Trustees or are relevant to the subjects in the Agenda. The Executive Officer shall not be entitled to vote.
(7) Notice of the meeting with a copy of the agenda (with notes if any) shall be circulated by the Executive Officer atleast seven days prior to the date fixed for the meeting except where a meeting has been called by the Chairman for the transaction of any emergent business. Such notice shall specify the date, time and place of the meeting. Notice of the meeting with a copy of the agenda if sent by ordinary post to the usual place of residence of the members shall be deemed to be sufficient notice.
(8) All papers connected with the items on the agenda shall be made available if required at the time of the meeting.
(9) Notwithstanding anything contained in sub-rule (7) any matter not included in the agenda of a meeting of the Board on which the decision of the Board is urgently required; may with the approval of the presiding authority be placed before the Board at such meeting and the Board may consider such matter.
(10) Minutes of the proceedings of every meeting shall be recorded in a book to be kept for the purpose and shall be signed by the Chairman and all other members present at the meeting. The Minutes Book shall be kept in the custody of an Executive Officer.
(11) Any proposal on which the decision of the Board is urgently required may be circulated to the members and if approval by not less than two-thirds of the total number of members of Board may be deemed to have been passed as a resolution at a meeting of the Board duly convened. Such decision shall be placed before the next meeting of the Board for information.
(12) No decision of the Board shall be modified or cancelled within three months after the date of such decision except by a decision of two-thirds of the number of members of the Board.
Rule 5 Travelling and Daily Allowance to the Members of the Board
(1) The Chairman and the other members of the Board shall be entitled to travelling allowance at the rates admissible to Class I Officers of the State Government for the journeys performed by them for attending the Board meetings and also for other journeys undertaken by them for inspection of property or sites or for any other purposes connected with administration of the Devasthana, duly authorised by the Board in advance.
(2) The Chairman and the other members shall be entitled to daily allowance at Rs. 15 for every day of the meeting of the Board.
(3) The Chairman shall be the controlling and countersigning authority in respect of travelling allowance bills of the members including himself. Travelling allowance shall be paid only after the sanction by the controlling and countersigning authority and shall be subject to final check in the audit of the accounts.
Rule 6 Travelling and daily allowances to the Executive Officers and other officers appointed by the Government
The Executive Officer and other Officers appointed by the Government shall for the journeys performed by them in the discharge of their duties be entitled to travelling and daily allowances at the rates admissible to similar class of Officers of the State Government under the Karnataka Civil Service Rules. The Travelling Allowance Bills of the other officers under the control of the Board shall be passed by the Executive Officer and paid by him, but they shall be placed before the Board at its next meeting for information.
Rule 7 Powers and Duties of the Board
(1) The Board shall.
(a) arrange for the proper performance of the rites and ceremonies in the Devasthana in accordance with the dittam of scale of expenditure fixed for the Devasthana under S.37 OF THE Renuka Yellamma Devasthana (Administration) Act, 1974 ;
(b) provide facilities for the proper performance of worship by the devotees;
(c) ensure the safe custody of the funds, valuable securities and jewels, and preservation and management of the properties vested in the Devasthana;
(d) ensure maintenance of order and discipline and proper hygenic conditions in the Devasthana and of proper standard of cleanliness and purity in the offerings made therein;
(e) ensure that the funds of the Endowments of the Devasthana are spent according to the wishes of the donors;
(f) have power to order the taking of such cash security as may be deemed necessary from any office holder or employee of the Devasthana entrusted with cash, jewels or other valuables;
(g) not alter the "dittam" of scale of expenditure fixed under S.37 OF THE Renuka Yellamma Devasthana (Administration) Act, 1974, without prior sanction of the Commissioner;
(h) conduct annual physical verification of the moveable properties of the Devasthana including jewels and gold and send a certificate to the effect, with remarks, if any, to the Commissioner;
(i) prepare and submit to Government through the Commissioner a report on the administration of the affairs of the Devasthana relating to each calender year within two months of the completion of the year. The Commissioner shall forward such report to Government within fifteen day of its receipt by him with his comments if any.
(2) The Board or the Executive Officer may in an emergency incur any incidental expenditure in excess of the scale so fixed in the interest of the devotees and obtain ratification of the Commissioner to the expenditure incurred.
(3) The Board may from time to time fix rates or fees for performance of archanas, or any service or ritual or ceremony, and also alter or modify with approval of the Commissioner the shares in each sevas due to Devasthana and Pujaris and other servants of the Devasthana.
(4) In fixing the rates and shares the Board shall take into consideration the market value of articles used for the sevas, the nature of services rendered and other relevant factors.
(5) It shall be competent for the Board to sanction and undertake construction including reconstruction of and repairs to the buildings belonging to the Devasthana subject to budget provision.
(6) The Board may grant licences for the use of the lands of the Devasthana for a period exceeding one year but not exceeding five years the buildings of the Devasthana which are ordinarily let.
(7) The Board may frame bye-laws fixing the duties of pujaries, sevakaries and other servants of the Devasthana.
(8) The Board shall provide adequate number of Hundials in the Devasthana for the collection of offerings in cash or jewels. Each Hundial shall have two locks. The key of one lock shall be in the custody of the Executive Officer and the key of other lock shall be in the custody of a member of the Board nominated by the Board in this behalf.
(9) The Hundials shall be opened at such intervals as the Board may decide.
(10) The opening of Hundials and the counting of the valuables therein shall be in the presence of the members of the Board of their duly authorised nominees and the Executive Officer and the amount of the money and the details of jewels and other valuables shall be entered then and there in the Devasthana Registers maintained for the purpose, duly attested by members of the Board or their nominees the Executive Officers and other Officer present at the counting.
(11) Moveable properties received as Kanike or offerings and unserviceable articles, except gold and jewellery, which are not required for use in the Devasthana and the value of which does not exceed Rs. 5,000 may be periodically sold in public auction by the Board.
(12) Such auction shall be conducted by the Executive Officer or any other Officer duly empowered by him, after wide publicity on such terms and conditions as may be fixed by the Board and the sale proceeds shall be credited to the Devasthana funds.
(13) Whenever moveable properties the value of which is more than Rs. 5,000 are to be sold, permission of the Commissioner shall be obtained.
(14) All perishable articles and other unserviceable articles of nominal value received as offerings (Kanike) shall be sold in public auction every day by an Officer authorised by the Board in that behalf and the proceeds credited to the Devasthana Funds.
Rule 8 Leave and allowances to the Executive Officers and other officers and contributions towards their pensions
(1) The Executive Officer and other Officers appointed to assist him shall be entitled to such leave as are admissible to the employees of the Government under the K.C.S.R.
(2) The Board shall pay to the Government out of the Devasthana funds contributions towards the pension of the Executive Officer and other officers appointed by the Government at such rates as may, from time to time be specified in the K.C.S.R.
(3) In addition to the penalties specified in S.12 OF THE Renuka Yellamma Devasthana (Administration) Act, 1974, the Government may impose on such officers any of the penalties specified in the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957.
(4) The procedure prescribed in the said rules shall be followed for imposing any of the penalties.
Rule 9 Powers and duties of the Executive Officer
(1) Every item of income of Devasthana including pilgrim tax, ground rent shall be collected by the Executive Officer regularly on the date on which it falls due
.
(2) The Executive Officer shall be responsible for making all collection of income whether in cash or in kind and also other presents such as sarees, ornaments or any other articles presented to the Deity under proper receipt.
(3) The Executive Officer shall grant receipts for all items of income and for all offerings and gifts in cash and kind received by him for the Devasthana.
(4) All collection shall be brought into account by the Executive Officer without delay.
(5) No person other than Executive Officer shall be competent to give a valid discharge of any claim of the Devasthana.
(6) No expenditure which is not sanctioned in the budget shall be incurred without previous sanction of the Commissioner. Before incurring the expenditure on any purposes, the Executive Officer shall satisfy himself that the expenditure is necessary and that the scale of such expenditure does not exceed the dittam, when the expenditure relates to the poojas and festivals and the budget sanction in other matters.
(7) The Executive Officer shall have power to grant licences for the use of the lands of the Devasthana for a period not exceeding one year or to lease out for a period not exceeding one year the buildings of the Devasthana which are ordinarily let out.
(8) The Executive Officer shall have power to call for tenders for works or supplies and to accept such tenders when the amount or value thereof does not exceed 11. Substituted for the words "five thousand rupees" by GSR 225 dated 2-11-1993, w.e.f. 18-11-1993, [fifteen thousand rupees].
(9) The Executive Officer shall power to order for any emergent repairs, the cost of which does not exceed 22. Substituted for the words "five thousand rupees" by GSR 225 dated 2-11-1993, w.e.f. 18-11-1993. [fifteen thousand rupees].
(10) Purchases of works or supplies in the Devasthana for amounts exceeding 33. Substituted for the letters and figures "Rs. 1,000" by GSR 225 dated 2-11-1993, w.e.f. 18-11-1993. [Rs. 3,000] shall be effected only by inviting tenders of quotations.
(11) The Executive Officers shall be competent to receive payment due and to accept donations and offerings made to the Devasthana fund.
(12) The Executive Officer may authorise in writing any other employee of the Devasthana to receive payments to the Devasthana fund to issue proper receipt thereof and to duly account for such collections;
(13) All amounts received by the Devasthana shall be deposited in any Schedule Bank, Nationalised Bank or Co-operative Bank approved by the State Government for the purpose.
(14) The account in the Bank shall be in the name of the Devasthana and the account shall subject to the provisions of the Act and these rules, be operated by the Executive Officer on behalf of the Devasthana.
(15) Any amount received as endowment shall be deposited separately and shall not be withdrawn unless required for refund or adjustment in special circumstances.
(16) No money shall be withdrawn from the Bank unless it is required for immediate payment.
Rule 10 Appointment and punishment of poojaries and other servants of the Devasthana
(1) The Executive Officer shall subject to the control of the Commissioner be the authority competent to appoint the poojaries and other servants of the Devasthana.
(2) Every Poojari and servant of the Devasthana shall be persons professing the Hindu Religion and shall cease to hold office when he ceases to profess the Hindu Religion.
(3) No person who is suffering from any contagious or infectious disease either congenital or supervening and no person who is suffering from any mental or physical infirmity which renders him unfit for service shall be appointed to or hold any office in the Devasthana. Any doubt or dispute as to whether a person is qualified under this rule shall be decided by the Board by obtaining a certificate of physical fitness from the nearest Civil Assistant Surgeon. Any person aggrieved by the order of the Board may file an appeal to the Commissioner within one month from the date of receipt by him of the order of the Board.
(4) No person convicted and sentenced to imprisonment by a Criminal Court for an offence involving moral turpitude or bound ever for keeping peace or for good behaviour shall be appointed to or hold any office.
(5) No person who has been declared or adjudicated as an insolvent or who has applied to be so adjudicated or declared shall be appointed to or hold any office.
(6) The pay and emoluments in cash and in kind of each officer and servant of the Devasthana shall be in accordance with the schedule of establishment framed by the Board and approved by the Commissioner. The Board shall not alter the Schedule without the previous permission of the Commissioner.
(7) The servants of the Devasthana shall be eligible for twelve days casual leave in a year and fifteen days earned leave with pay in a year. Leave not availed and in excess of sixty days shall lapse.
(8) Leave on medical certificate may be granted to servants for a period of one hundred twenty days in their total service provided that such leave shall not be granted for more than thirty days in a year.
(9) Every cashier, shroff, store-keeper and every other officer or a servant of the Devasthana who is entrusted whether permanently or temporarily with the custody of cash or stores or valuables belonging to the Devasthana shall furnish security as fixed by the Board subject to the approval of the Commissioner and execute a security bond in the name of the Devasthana.
Rule 11 Procedure for imposing penalties
(1) No poojari or other employee of the devasthana shall be dismissed or removed except after enquiry in which he has been informed of the charges against him and giving reasonable opportunity of being heard in respect of these charges and where it is proposed after such enquiry to impose on him such penalty until he has been given a reasonable opportunity of making representation and the penalty proposed but only on the basis of evidence adduced during such enquiry:
Provided that the provisions of this sub-rule shall not, apply where such person is dismissed or removed on the ground of conduct which has led to this conviction of a criminal charge.
(2) No order imposing any penalty other than those referred to in subrule (1) shall be imposed on such person except after.
(a) such person is informed in writing of the proposed to take action against him and the allegations of which it is proposed to be taken and giving an opportunity to make any representation which he may wish to make; and
(b) such representation if any, is taken into consideration.
(3) The Executive Officer shall be the authority competent to impose any of the penalties on such persons,
(4) A Poojari or other servant aggrieved by an order of the Executive Officer imposing any of the penalties may, within thirty days from the date of the receipt of the order, appeal to the Commissioner whose decision thereon shall be final.
Rule 12 Contribution by the Board
(1) The Board shall pay every year to the administration fund from out of the funds of the Devasthana contributions at the rate of eight per cent of the annual income of the Devasthana.
(2) The amount of contribution payable shall be determined by the Commissioner for each year on the basis of the income realised during the previous year.
(3) Income under this rule means gross income after deducting only.
(i) the taxes or cesses paid to Government, Taluk Boards or Municipalities or Panchayats;
(ii) shares of receipts from archanai fees or offerings which servants of the institution are entitled to receive under any decree of any Court or recognised usage.
Explanation 1.
(1) The following items of receipts shall not be deemed to be income for purposes of this rule.
(a) advances and deposits recovered and loans taken or recovered;
(b) deposits made as security by employees, lessees, or contractors, and other deposits if any;
(c) withdrawals from banks or of investments;
(d) Court costs recovered;
(e) sale proceeds of jewels, vahanams, provisions, livestock and other articles purchased by the institutions;
(f) sale proceeds of immovable properties and rights;
(g) donations in cash or kind intended by the donors to be contributions to capital;
(h) ubyams or voluntary contributions received in cash or kind for a specified service in the institution and expanded on such service; Explanation 2.In respect of any remunerative undertakings only the net profit shall be taken as income. In respect of non-remunerative undertakings such as schools, colleges, hospitals, poor houses, orphanages and other similar institutions, the grants given by Government or donation received or fees collected from pupils of educational institutions shall not be taken as income. Explanation 3. Receipts in kind other than those referred to in items (g) and (h) in Explanation 1 shall be deemed to accrue as income on the date of the sale thereof and shall be valued at the amount realised on such sale, Explanation 4. Receipts in kind from immovable properties shall be valued, in case of produce utilised by the Devasthana at their market value on the dates of their receipt.
(4) The Executive Officer shall submit to the Commissioner on or before the 31st May in each year.
(a) a statement of receipts and charges (cash and kind for the previous year under each budget head); and
(b) a statement showing the amounts claimed as deductions under sub-rule (3) and the assessable income.
(5) If the Executive Officer fails to submit the statement referred to in sub-rule (4) before 31st May in each year or within such further time as the Commissioner may allow or submits statements which in the opinion of the Commissioner is not correct or complete, the Commissioner may assess the income to the best of his judgment, and the amount so assessed shall deem to be the income of the Devasthana for the purpose of S.21 of the Renuka Yellamma Devasthana (Administration) Act, 1974.
Rule 13 Audit
(1) It shall be the duty of the Executive Officer to produce all the books, accounts, documents and papers and furnish such information and particulars as may be required by the Auditor for purposes of Audit.
(2) The Auditor shall verify the cash balance and state in the report whether the cash was readily forthcoming to verification.
(3) The Auditor shall, in the course of the audit, verify the debentures, share certificates, Government Bonds and other securities, and the bank pass-books belonging to the institution and report whether they were found correct. The Auditor shall also verify whether an inventory register for the jewels and valuables belonging to the institution is maintained and if so, whether it is being periodically inspected by such officers as may be appointed by the Commissioner.
(4) The Auditor shall report, among other points arising in audit
(a) whether the accounts and registers required by the Commissioner to be maintained are kept;
(b) whether all the immovable properties and rights, not used by the Devasthana for its purposes have been leased out in the prescribed manner to its advantage and lease deeds have been taken, in all cases; and if in any case such properties have not been leased or lease deeds have not been taken, what such cases are;
(c) whether the various items of income due to the Devasthana have been realised at the proper time and whether due steps to recover amounts overdue have been taken;
(d) what any claims have become barred by limitation and if so, what such cases are;
(e) whether all collections have been brought into account without delay;
(f) whether any claims have been written off and if so, to what extent and under what authority;
(g) whether the expenditure is in accordance with the sanctioned budget and if there are deviations from such budget, what those deviations are;
(h) whether every item of expenditure has been sanctioned by the authority competent in that behalf and is supported by a proper voucher;
(i) whether there is any item of expenditure which in the opinion of the Auditor is prima facie, extravagant;
(j) whether there has been any diversion of funds or properties for purposes other than those of the Devasthana;
(k) whether advances made have been recouped or adjusted without delay;
(l) whether moneys not required for immediate expenditure have been deposited in Banks and surplus funds have been invested;
(m) whether all donations or offerings in kind are accounted for;
(n) whether in respect of building works, check measurement was done before final payment was made and whether the necessary subsidiary accounts and registers such as measurement books, stock books, mustor rolls, tenders and agreements are kept;
(o) whether securities have been obtained from the staff in charge of collections or valuables and security bonds got executed; and
(p) whether there have been any violation of any of the provisions of the Act or of the Rules framed thereon.
(5) The Auditor shall report any material impropriety or irregularity which he may observe in the expenditure in cash or in kind, or in the recovery of moneys or materials due to the Devasthana or in the accounts; and also any loss or waste of money or other property caused by neglect or misconduct, with the names of persons directly or indirectly responsible for such loss or waste.
(6) The Auditor shall append to his report.
(a) a statement of receipts and charges under the budget heads;
(b) a statement of income and expenditure;
(c) a statement of the debentures, share certificates, Government Bonds and other securities; and
(d) a consolidated statement of the demand, collection and balance of all items of revenue or income or decrees both arrears and current outstanding in cash and in kind.
(7) The Auditor shall prepare an abstract of the audited accounts (receipts and charges and balance sheet) and submit two copies thereof along with the audit report to the Commissioner.
(8) One copy of the abstract of audited accounts shall be forwarded by the Commissioner to the Board and to the Executive Officer. The Executive Officer shall on receipt thereof publish the abstract of the same on the notice board of the institution.
Rule 14 Investment of funds
(1) The Reserve Fund and the surplus fund of the Devasthana shall be kept invested.
(a) in any of the Schedule Bank or a corresponding new Bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970;
(b) in any of the Central or State Government securities with the approval of the Commissioner;
(c) in any Co-operative Bank approved by the Commissioner;
(d) in the Post Office Savings Bank or a Government Savings Bank.
Rule 15 Manner of publication of the orders of the Board
Every order of the Board under sub-section (1) or (2) of S.2 OF THE Renuka Yellamma Devasthana (Administration) Act, 1974 shall be published on the notice board of its office and in some other conspicuous place of the Devasthana.
Rule 16 Budget
(1) The Executive Officer shall prepare, before the end of December of each year a Budget estimate in Form 1 of the receipts and expenditure of the Devasthana for the following financial year and place it before the Board in the month of January.
(2) The budget shall contain adequate provision for the maintenance of the prescribed working balance and for meeting the liabilities of the Devasthana.
(3) Detailed explanatory notes in respect of each major item of income and expenditure shall be appended to the Budget.
(4) After the budget is approved by the Board with or without any modification, it shall be submitted to the Commissioner by 1st February every year positively.
(5) The Budget estimate shall be in Form 2.
(6) The Executive Officer shall with the approval of the Board submit to the Commissioner along with the Budget every year a list of works pro- posed to be undertaken in the following year with the estimate of the amount required in respect of each work.
(7) The Board shall be competent to undertake construction of works included in the budget including reconstruction and repairs to the buildings belonging to the Devasthana:
Provided that in respect of works costing more than 11. Substituted for the letters and figures "Rs. 25,000" by GSR 225, dated 2-11-1993, w.e.f. 18-11-1993. [Rs. 75,000] specific sanction of the Commissioner shall be obtained for plans and estimates of such works.
(8) The Board may undertake a construction either by itself or through contractors. Where execution through contractor is found necessary, the contract shall be given on the open tender system: Provided that in respect of works costing more than 22. Substituted for the words "ten thousand rupees" by GSR 225 dated 2-11-1993, w.e.f 18-11-1993. [thirty thousand rupees] no negotiated contract shall be settled without the prior approval of the Commissioner.
(9) In all cases in which a building work is undertaken such work shall be subject to supervision, control and inspection as and when the Commissioner deems fit and the Commissioner may at any stage of the execution order such check-measurement and control as he may deem fit before the work is further proceeded with or further expenditure incurred.
(10) If the Commissioner is satisfied that any building work is necessary, he may direct the Board or Executive Officer to incur the necessary expenditure and carry out such work and the Board or Executive Officer shall be bound to do so.
(11) If the Commissioner is of the opinion that there is need for securing technical advice and assistance in respect of building works or for preparation and scrutiny of plans and estimate, he may having due regard to the nature and importance and the estimated cost of building works direct the Board.
(a) to obtain the services of officers of the Public Works Department of the State Government; or
(b) any architect in service of Government.
(12) The Executive Officer shall maintain plans, estimates, registers, accounts, vouchers and records in respect of all building works and cause their production before the Board or the Commissioner whenever required.
Rule 17 Custody of records
(1) The Executive Officer shall be in the custody of the documents relating to the properties of the Devasthana, including Government scrutinises, stock certificates, debentures, National Savings Certificates, fixed deposit receipts, etc.
(2) The Executive Officer shall maintain registers indicating relevant particulars of the properties. He shall also maintain a register containing the description and full particulars of immovable properties of the Devasthana.
Rule 18 Manner of publication of the order of the Commissioner under Section 37
The order of the Commissioner under sub-section (3) of S.37 OF THE Renuka Yellamma Devasthana (Administration) Act, 1974 shall be published in a conspicuous place in the temple concerned and also on the notice board of his office.
Rule 19 Manner of service of notice under Section 34
The notice referred to in sub-section (1) of S.34 OF THE Renuka Yellamma Devasthana (Administration) Act, 1974 shall be served by tendering or delivering a copy thereof to the person concerned or if he cannot be found, to some adult male member, of his family residing with him; if there is no such adult member, the service may be effected by affixing a copy of the notice in some conspicuous part of the house where the person concerned ordinarily resides or last resided and also on some conspicuous place of the property to which such notice refers.
Rule 20 Form of certificate under Section 41
The Certificate referred to in sub-section (1) of S.41 of the Renuka Yellamma Devasthana (Administration) Act, 1974 shall be in Form 2.
APPENDIX 1 Budget estimate for the year..................of Sri............... 'A' Statement of Receipts
10.
Income from remunerative enterprises such as sale of photos, books etc.
11.
Bank withdrawals
12.
Misc. items of income
'B' Statement expenditure
Sl.
No.
Particulars of expenditure
Actuals of the previous year
Actual expenditure for the period
from April to December of the year
Estimated expenditure for the period from
january toMarch of the year.
Total of columns (4) and
(5).
Estimated budget expenditure
for the year
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Establishment charges:
1.
Contingencies
2.
Sevas etc.
3.
Dittam
4.
Seva expenses
5.
Seva commission etc.
6.
Charities
7.
Feeding
8.
Maintenance and repairs to buildings
9.
Construction works and other capital items of expenditure
10.
Utilisation of Devasthana funds under Section 25 of the Act
11.
Investment and deposits of surplus funds
12.
Contribution by the Board
13.
Audit charges
14.
Bank Account
15.
Miscellaneous items of expenditure
APPENDIX 2 Form of Certificate
FORM [See Rule 20]
FORM
2
[See Ruf 20]
Form of Certificate
Certified that
the following properties which are in possession of Sri....................residing
at.......................belong to Sri Renuka Yellamma Dev-asthana, in
Soundatti in Belgattm District.
(a) Description of properties. Lands: District: Taluk: Village: Sy. No. Extent: Dry Wet etc. (b) House or shops. Door No.: Name of Street; No. of Municipal Division: Name of village or Town: (c) Movables. Jewels: Vessels: Vahanams: Other movables: (d) Records, accounts (give full particulars). Given under my hand and seal this .............. day of ......... 19....
Commissioner for Religious
and Charitable Endowments in Karnataka, Bangalore. |
