Orissa Hindu Religious Endowments Act, 1951
-(1) This Act may be called the Orissa Hindu Religious Endowments Act, 1951.
(2) It extends to the whole of the State of Orissa and applies to all Hindu public religious institutions and endowments.
Explanation I-In this sub-section Hindu public religious institutions and endowments do not include Jain or Buddhist public religious institutions and endowments but include Sikh public religious institutions and endowments.
Explanation II-1[* * *].
(3) It shall come into force on such date2 as the State Government may, by notification, direct.
1. Substituted vide Orissa Gazette Ext./7-10-1978-O.A. No. 29 of 1978.
The State Government may, by notification, extend to any Jain or Buddhist public religious institution and endowment or to any public endowment of a charitable and religious institution all or any of the provisions of this Act and of any rules made thereunder and may declare such extension to be subject to such restrictions and modifications as they think fit :
Provided that before issuing such notification, the State Government shall, publish in the Gazette a notice of their intention to do so, fix a period not exceeding three months from the date of publication of the notice for the persons interested in the institution and endowment concerned to show-cause against the issue of such notification and consider their objections, if any.
In this Act unless there is anything repugnant in the subject or context-
(i) "Assistant Commissioner" means an Assistant Commissioner appointed under Section 5;
For Statement of Objects and Reasons, see Orissa Gazette Ext./10-3-1951, p. 49; and for Report of Select Committee, see ibid, 17-9-1951, pp. 1-10, and for proceedings in the Assembly, see Proceedings of the Orissa Legislative Assembly, Vol. XIV, No. 23, pp. 8-11.
1. Omitted vide O.H.R.E. (Amendment) Act, 1954 (O.A. No. 18 of 1954).
2. The Act came into force with effect from the 1st January, 1955, vide Notification No. 7631-End./22-12-1955-published vide Orissa Gazette, Part-III/31-12-1955.
(ii) "Commissioner" means the Commissioner appointed un
The State Government may, by notification, appoint a person who professes the Hindu religion 2[and who is a member of the Orissa Superior Judicial Service, Senior Branch] to be the Commissioner of Endowments and he shall cease to hold office as such when he ceases to process that religion.
1. Secs. 4, 5, 5-A and 6 substituted for original Secs. 4, 5 and 6 vide O. H. R. E. (Amendment) Act, 1954-O.A. No. 18 of 1954.
2. Substituted vide O.A.No. 29 of 1978.
(1) The State Government may appoint a 3[Deputy Commissioner] and such number of Assistant Commissioners as they deem necessary.
(2) Appointment of the said officers shall be from among persons who prefers the Hindu religion and who are members of the State Judicial Service-
(a) in the case of the 3[Deputy Commissioner,] not below rank of a Subordinate Judge ; and
(b) in the case of an Assistant Commissioner, of the rank of a Munsif or above, and they shall cease to hold office as such when they cease to profess that religion.
3. Inserted vide O.A. No. 29 of 1978-w.e.f. 7-6-1978.
The Commissioner of Endowments may, subject to the control of the State Government, from time to time, appoint such subordinate officers and staff, as may be deemed necessary for the purpose of this Act and they shall, subject to the control of the Commissioner, discharge such functions and perform such duties as may be assigned to them by the Commissioner 3[Deputy Commissioner] or the Assistant Commissioners.
3. Inserted vide O.A. No. 29 of 1978-w.e.f. 7-6-1978.
(1) The Commissioner, the Deputy Commissioner, the Assistant Commissioners, the subordinate officers and staff appointed under this Act shall be the servants of the State Government and they shall draw their pay, pension, leave and other allowances from the Consolidated Fund of the State. The conditions of service of such officers shall be such as may be prescribed from time to time.
(2) There shall be paid out of the Endowment Fund and the State Government shall have power to direct the payment of, at such time as they may deem fit, such cost as the State Government may from time to time incur from out of the Consolidated Fund on account of pay, pension, leave and other allowances of the Commissioner, the 3[Deputy Commissioner] Assistant Commissioners, other subordinate officers and staff appointed under this Act.]
3. Inserted vide O.
(1) Subject to the provisions of this Act, the general superintendence of all religious institutions and endowments shall vest in the Commissioner.
1[* * *]
2[(2)] The Commissioner may do all things which are reasonable and necessary to ensure that the religious institutions and endowments are properly administered and that their income is duly appropriated for the purposes which they were founded or exist.
Explanation-The Commissioner shall have power to pass such interim orders as he deems necessary for the proper maintenance of a religious institution, or the proper administration of a religious endowment including the power to pass such orders if and when necessary for the proper management of any institution when a dispute concerning the same is pending in a Court.
3[(1)] 4[The Deputy Commissioner] and the Assistant Commissioners shall exercise such powers and discharge such duties as are assigned to them by or under this Act, either generally or in respect of any particular area :
Provided that the Commissioner, may, subject to the other provisions of this Act, by order in writing, declare that the exercise of all or any of such powers and discharge of all or any of such duties shall be subject to such exceptions, limitations and conditions as may be specified in the order and he may himself exercise or discharge any power or duties so excepted.
1[(2) 2[The Deputy Commissioner] and the Assistant Commissioners shall, for the proper management of the institution, have power to pass such interim orders as they deem necessary in the course of proceedings pending before them.]
&nb
The Commissioner may transfer any appeal filed before him to 2[the Deputy Commissioner] for hearing and disposal and any appeal so transferred and disposed of by 2[the Deputy Commissioner] shall, for the purposes of this Act, be deemed to have been disposed of by the Commissioner.
2. Inserted vide O.A. No. 29 of 1978.
-(1) Notwithstanding anything contained in any other provision of this Act the Commissioner, 2[the Deputy Commissioner] and the Assistant Commissioners shall have power to take action under any of the provisions of this Act in respect of any institution, if on information received or otherwise, they are satisfied that such institution is a religious institution within the meaning of this Act.
(2) For the removal of doubts, it is hereby declared that where any person disputes such action on the ground that the institution is not a religious institution within the meaning of this Act, he may raise a dispute as provided in Section 41.]
CASE LAWS :
Sec. 8-B - Before taking any action under Sec. 8-B(1) Authorities to be satisfied prima facie that the institution in question is a religious institu
(1) The Commissioner may call for and examine 1[the record of any proceeding under this Act before the Deputy Commissioner 2[or before an Assistant Commissioner except under Sub-section (1) of Section 27] to satisfy himself as to the regularity of such proceeding or the correctness, legality or propriety of any decision or order passed thereon; and if in any case it appears to the Commissioner that any such decision or order shall be modified, annulled, reversed or remitted for reconsideration, he may pass orders accordingly :
Provided that the Commissioner shall not pass any order prejudicial to any party without hearing him or giving him a reasonable opportunity of being heard :
3[Provided further that in cases where an appeal lies under this Act, no proceedings by way of revision shall be entertained by the Commissioner at the inst
5[* * *]
5. Omitted vide O.A.No. 29 of 1978.
5[* * *]
5. Omitted vide O.A.No. 29 of 1978.
(1) The Commissioner, 1[the Deputy Commissioner] and Assistant Commissioners and such other officers professing Hindu religion as may be authorised by the Commissioner in this behalf shall have power to enter 2[subject to the local practice, customs or usages] 2[the premises of any religious institution or] any place of worship at any reasonable hour for the purpose of exercising any power conferred, or discharging any duty imposed, by or under this Act.
3[* * *]
(2) If any such officer is resisted in the exercise of such power or discharge of such duty, the Magistrate having jurisdiction shall, on a written requisition form such officer, direct any Police Officer not being below the rank of Sub-Inspector to render such help as may be necessary to enable the officer to exercise such power or discharge such duty.
&n
The trustee of a religious institution shall be bound to obey all orders issued under the provisions of this Act by the State Government, the Commissioner, 1[the Deputy Commissioner] or 4[an] Assistant Commissioner.
(1) The trustee of every religious institution is bound to administer its affairs and to apply its funds and properties in accordance with the terms of the trust, the usage of the institution and all lawful directions which a competent authority may issue in respect thereof and as carefully as a man of ordinary prudence would deal with such affairs, funds and properties as if they were his own.
(2) A trustee shall, subject to the provisions of this Act, be entitled to exercise all powers incidental to the provident and beneficial administration of the religious institution and to do all things necessary for the due performance of the duties imposed on him.
(3) A trustee shall not be entitled to spend the funds of the religious institution for meeting any costs, charges or expenses incurred by him in any suit, appeal or application or o
-(1) For every religious institution, there shall be prepared and maintained a register showing-
(a) the names of past and present trustees and particulars as to the custom, or the direction of the founder, if any, regarding succession to the office of trustee;
(b) particulars of all endowments of the institution and all title deeds and other documents including the properties standing in the name of the hereditary trustees relating thereto;
(c) particulars of the scheme of administration and of the scale of expenditure;
(d) the names of all officers to which any salary, emolument or perquisite is attached and the nature, time and conditions of service in each case;
(e) the jewels, gold, silver, precious
(1) The trustee or his authorised agent shall scrutinise the entries in the register every year, or after such interval, as may be prescribed, and submit to the Commissioner for his approval, through the Assistant Commissioner, a verified statement showing the alterations, omissions or additions required in the register.
(2) The Commissioner may, thereupon, after such inquiry as he may consider necessary, direct what alterations, omissions or additions, if any, should be made in the register.
(3) A copy of the order made under Sub-section (2) shall be furnished to the trustee and to the Assistant Commissioner concerned.
(4) The trustee shall carry out the alterations, omissions or additions ordered by the Commissioner in the copy of the register kept by him.
The trustee of every religious institution shall furnish to the Commissioner, 1[the Deputy Commissioner] or the Assistant Commissioner such accounts, returns, reports or other informations relating to the administration of the institution in his charge, its funds, property or income or moneys connected therewith, or the appropriation thereof, as the Commissioner, 1[the Deputy Commissioner] or the Assistant Commissioner may require, and at such time and in such form as he may direct.
1. Inserted vide O.A. No. 29 of 1978.
The Commissioner, 1[the Deputy Commissioner] or Assistant Commissioner, or any officer or other person deputed by the Commissioner, 1[the Deputy Commissioner] or Assistant Commissioner in this behalf, may inspect all movable and immovable property belonging to all records, correspondence, plans, accounts and other documents relating to any religious institution ; and it shall be the duty of the trustee of such institution and all officers and servants working under him, his agent and any person having concern in the administration thereof, to afford all such assistance and facilities as may be necessary or reasonably required in regard to such inspection, and also produce any such movable property or document for inspection if so required.
1. Inserted vide O.A. No. 29 of 1978.
-(1) Notwithstanding anything contained in any law for the time being in force no transfer by exchange, sale or mortgage and no lease for a term exceeding five years of any immovable property belonging to, or given or endowed for the purpose of, any religious institution, shall be made unless it is sanctioned by the Commissioner as being necessary or beneficial to the institution and no such transfer shall be valid or operative unless it is so sanctioned.
2[Explanation-A lease for a term not exceeding five years but with a condition of renewal permitting continuance of the lease beyond five years shall, for the purposes of this sub-section, be deemed to be a lease for a term exceeding five years.
(1-a) The fact of execution of a lease deed with a condition for renewal or renewal of such a deed shall be communicated to the Commissioner
Regulation of registration of documents-Notwithstanding anything contained in any other law for the time being in force, where any document required to be registered under Section 17 of the Registration Act, 16 of 1908, purports to evidence a transfer, by exchange, sale, mortgage or by lease for a term exceeding five years, of any immovable property belonging to or given or endowed for the purpose of any public religious institution, no Registering Officer, appointed under that Act, shall register any such document unless the transfer or produces before such Registering Officer, the sanction order passed by the Commissioner under Section 19, or, as the case may be, no objection certificate in the prescribed form granted by the Commissioner or any Officer authorised by him in that behalf :
Provided that a no objection certificate granted under this sub-section shall not be a bar to
Notwithstanding anything contained in any other law for the time being in force, no religious institution shall lend or borrow money without the prior sanction of the Commissioner:
Provided that no such sanction shall be necessary for borrowing such amount as may be prescribed for meeting the urgent expenses to carry on the daily rituals of a religious institution.]
(1) The trustee of a religious institution may out of the funds in his charge, after satisfying adequately the purposes of the institution, incur expenditure on arrangements for securing the health, safety or convenience of disciples, training of Vidyarthis or for securing the health and safety of pilgrims or worshippers resorting to the institution.
1[(2) * * *]
1. Omitted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.
(1) Where a specific endowment attached to a math or temple consists merely of a charge on property and there if failure in the due performance of the service or charity, the trustee of the math or temple concerned may require the person in possession of the property on which the endowment is a charge to pay the expenses incurred or likely to be incurred in causing the service or charity to be performed otherwise. In default of such person making payment as required, Assistant Commissioner may, on the application of the trustee and after giving the person in possession a reasonable opportunity of stating his objections in regard thereto, by order, determine the amount payable to the trustee.
(2) Where the person in possession of the property on which the endowment is a charge is not the person responsible in law for the performance of the service or charity and any amount is paid
The trustee of a specific endowment made for the performance of any service or charity connected with a math or temple shall perform such service or charity subject to the general superintendence of the trustee of the math or temple and shall obey all lawful orders issued by him.
1[23. * * *]
1. Omitted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.
(1) Any exchange, gift, sale or mortgage and any lease for a term exceeding five years, of the whole or any portion of any inam or jagir granted for the support or maintenance of a religious institution or for the performance of a charity or service connected therewith or of any other religious charity made, confirmed or recognised by the State Government shall be null and void.
(2) (a) The Collector may, on his own motion, or on the application of the trustee of the religious institution or of the Commissioner or the Assistant Commissioner or of any person having interest in the institution who has obtained the consent of such trustee or the Commissioner, by order, resume the whole or any part of any such inam or jagir on one or more of the following grounds, namely :
(i) that the trustee of the institution or the holder of such inam o
(1) In case of any alienation, in contravention of Section 19 of this Act or Section 51 of the Orissa Hindu Religious Endowments Act, 1939, or in case of unauthorised occupation of any immovable property belonging to or given or endowed for the purpose of any religious institution, the Commissioner may, after summary enquiry as may be prescribed and on being satisfied that any such property has been so alienated or unauthorisediy occupied send requisition to the Collector of the district to deliver possession of the same to the trustee of the institution or a person discharging the function of the said trustee.
(2) The Collector in exercising his powers under Sub-section (1), shall be guided by rules made under this Act.
(3) Any person aggrieved by the action of the Collector may institute a suit in the Civil Court to establish his rig
2[* * *]
2. Omitted vide O.A. No. 18 of 1954.
(1) The Assistant Commissioner shall, in cases where there is no hereditary trustee, 1[with the prior approval of the State Government] appoint non-hereditary trustee in respect of each religious institution other than maths and specific endowments attached thereto and in making such appointments, the Assistant Commissioner shall have due regard to the claims of persons belonging to the religious denomination for whose benefit the said institution is chiefly maintained.
2[Provided that the Assistant Commissioner shall, before sending any proposal to the State Government for such prior approval, publish a notice in the Notice Board of the concerned religious institution and intimate the general public of the locality by beat of drum, inviting suggestions and objections on the proposal from all persons affected, to be made within a period of thirty days from the date of such public
(1) 1[The Commissioner, in the case of a hereditary trustee, and the Assistant Commissioner, in the case of a non-hereditary trustee, may suspend, remove or dismiss the trustee of a religious institution referred to in Section 27]-
(a) for persistent default in the submission of budgets, accounts, reports or returns or in payment of contribution or other dues payable to Government;
(b) for wilful disobedience of any order issued under the provisions of this Act by the State Government or the Commissioner, 1[the Deputy Commissioner] or Assistant Commissioner;
(c) for any malfeasance, misfeasance, breach of trust or neglect of duty in respect of the trust or alienation of the trust property in contravention of this Act, or the Orissa Hindu Religious Endowments Act, 1939 (Orissa Act IV of 1939);<
(1) A person shall be disqualified for appointment as a trustee, if he-
(a) is a minor;
(b) has been convicted by a Criminal Court of any offence involving moral turpitude;
(c) is of unsound mind and is so declared by a competent Court;
(d) is an undischarged insolvent;
(e) has directly or indirectly any interest in a lease or any other transaction relating to the property of the institution;
(f) is a paid employee of the institution or has any share or interest in a contract for the supply of goods to, or the execution of any works or the performance of any service undertaken by the institution;
(g) has been found t
- When a permanent vacancy occurs in the office of the hereditary trustee of such religious institution the next in the line of succession shall be entitled to succeed to the office.
(2) When a temporary vacancy occurs in such an office by reason of the suspension of the hereditary trustee under Sub-section (1) of Section 28 or by reason of his ceasing to hold office under the provisions of Section 29, the next in the line of succession shall be appointed to discharge the functions of the trustee until his disability ceases.
(3) When a permanent or temporary vacancy occurs in such an office and there is a dispute respecting the right of succession to the office, or when such vacancy cannot be filled up immediately or when a hereditary trustee is minor and has no legally constituted guardian fit and willing to act as such or there is a
-(1) Vacancies, whether permanent or temporary, amongst the office-holders or servants of a religious institution shall be filled up by the trustee in cases where the office or service is not hereditary.
(2) In cases where the office or service is hereditary the next in the line of succession shall be entitled to succeed.
(3) Where however there is a dispute respecting the right of succession, or
where such vacancy cannot be filled up immediately, or
where the person entitled to succeed is a minor without a legally constituted guardian fit and willing to act as such, or
where the hereditary office-holder or servant is suspended from his office under Sub-section (1) of Section 32;
&
-(1) All office-holders and servants attached to a religious institution or in receipt of any emolument to perquisite from the institution shall, whether the office or service is hereditary or not, be controlled by the trustee ; and the trustee may fine, suspend, remove or dismiss any of them for breach of trust, incapacity, disobedience of orders, neglect of duty, misconduct or other sufficient cause.
(2) Any office-holder or servant punished by a trustee under Sub-section (1) may, within one month from the date of the communication of the order to him, appeal to the Assistant Commissioner whose order shall be final.
(3) If any such office-holder or servant against whom an order, fine, suspension, removal or dismissal has been made by the trustee or the Assistant Commissioner, as the case may be, disobeys such order, he shall, unless
1[Without prejudice to the generality of the provisions of this Act no office-holder or servant of a temple shall have the right to be in possession of the jewels or other valuable belongings to the temple except under such conditions and safeguards as the Commissioner may by general or special order direct.]
1. Substituted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.
-(1) The trustee of a religious institution may, from time to time, submit to the Assistant Commissioner proposals fixing the scale of expenditure in the institution, and the amounts which should be allotted to the various objects or ceremonies connected with such institution or the proportion in which the income or other property of the institution may be applied to such objects or ceremonies.
(2) The trustee shall publish such proposals at the premises of the institution and in such other manner as the Assistant Commissioner may direct, together with a notice stating that, within one month from the date of such publication, any person having interest might submit his objections or suggestions to the Assistant Commissioner.
(3) After the expiry of the said period, the Assistant Commissioner shall, after considering any objections or s
-(1) A hereditary trustee of a math shall be declared disqualified and shall consequently cease to hold his office if he-
(a) is of unsound mind ; or
(b) is suffering from any physical or mental disease or defect or infirmity which renders him unfit to be a trustee ; or
(c) has ceased to profess and practise Hindu religion or tenets of the math ; or
(d) is convicted for any offence involving moral turpitude 1[* * *]; or
(e) has committed breach of trust in respect of any of the properties of the religious institution ; or
(f) persistently and wilfully defaults in discharging his duties or functions under this Act or any other law for the time being in force or
(1) When a vacancy occurs in the office of the trustee of a math or specific endowment attached to a math except as provided in the preceding section and there is a dispute respecting the right of succession to such office, or
when such office cannot be filled up immediately or when the trustee is a minor and there is no recognised guardian willing to act as such or when there is a dispute respecting the person who is entitled to act as such guardian,
1[the Commissioner] after being satisfied that an arrangement for the administration of the math and its endowment or of the specific endowment, as the case may be, is necessary shall make such appointment and arrangements as he thinks fit until the dispute is settled or another trustee succeeds to the office, as the case may be. 1[The Commissioner] may also remove such interim trustee f
-(1) The trustee of every math or specific endowment attached to a math may, from time to time, submit to 1[the Commissioner] proposals for fixing the scale of expenditure in the institution, and the amounts which should be allotted to the various objects or ceremonies connected with the institution or the proportions in which the income or other property of the institution may be applied to such objects or ceremonies.
(2) The trustee shall publish such proposals at the premises of the math and in such other manner as 1[the Commissioner] may direct, together with a notice stating that, within one month from the date of such publication, any person having interest may submit suggestions to him.
(3) If, on a scrutiny of such proposals and any suggestions made by persons having interest, 1[the Commissioner] is of opinion that the scale of
3[ * * * ]
3. Omitted ibid.
When the hereditary trustee of a math nominates his successor he shall give intimation in writing to 1[the Commissioner]. Subsequent changes in the nomination may also be intimated within three months of the nomination. For purpose of succession the last nominee so intimated shall be recognised by 1[the Commissioner]. If no appointment is made during life-time of the trustee, 1[the Commissioner] shall have full power to appoint an Executive Officer and the trust shall be brought under the direct control of 1[the Commissioner] and shall be treated as an institution under Chapter VII. In making this appointment 1[the Commissioner] shall have due regard to the custom and usage and tenets of the math. Any person aggrieved by the decision may within ninety days from the date of the decision institute a suit in a competent Court of law to establish his right to the office of the hereditary trustee but pending the result of such
2[* * *]
2. Omitted ibid.
-(1) In case of a dispute the Assistant Commissioner shall have power to enquire into and decide the following disputes and matters -
(a) whether an institution is a public or religious institution;
(b) whether an institution is a temple or a math;
(c) whether a trustee holds or held office as a hereditary trustee;
(d) whether any property or money is of a religious endowment or specific endowment;
(e) whether any person is entitled, by custom or otherwise, to any honour, emolument or perquisite in any religious institution and what the established usage of a religious institution is in regard to any other matter;
(f) whether any institution or endowment is who
(1) 2[Whenever there is reason to believe that in the interest of the proper administration of a religious institution a scheme may be settled for it, or when not less than five persons having interest make an application in writing stating that in the interests of the proper administration of a religious institution a scheme should be settled for it, the Assistant Commissioner] or 1[the Deputy Commissioner], as the case may be, shall proceed to frame a scheme in the manner hereinafter provided-
(a) in the case of a religious institution managed by a non-hereditary trustee the Assistant Commissioner shall consult in the prescribed manner the trustee and the persons having interest, and if after such consultation he is satisfied that it is necessary or desirable to do so, he shall after recording his reasons therefor by order frame a scheme for the administration of the institution;
(1) The Assistant Commissioner may, on being satisfied that the purpose of a religious institution has, from the beginning, been or has subsequently become, impossible or incapable of realisation, or that the machinery for effecting such purpose has failed or no longer exists, or that after providing adequately for the purposes of the institution and after setting apart a sufficient sum for the repair and renovation of the buildings connected therewith, there is a surplus which is not required for such purposes, by order direct that the endowments of the institution or such surplus as is declared to be available, as the case may be, be appropriated to religious educational or charitable purposes not inconsistent with the objects of the institution :
Provided that, in the case of a temple founded and maintained by a community or a specific endowment attached to such a temple, the e
1[(1) Any person aggrieved by an order passed under Section 41, or Sub-section (1) or (6) of Section 42, or Section 43 may, within thirty days from the date of receipt of the order under Section 41 or Section 43 nor from the date of publication of the order under Section 42, as the case may be, prefer an appeal to 2[the Commissioner].
(2) Any party aggrieved by the order of 2[the Commissioner] passed under Sub-section (1), may, within thirty days from the date of the order, prefer an appeal to the High Court.]
CASE LAWS :
Secs. 44, 41 - Declaration of religious institution as a private deity - Additional Assistant Commissioner held the deity in question not to be a public religious institution but is a private one of the petitioners - Lower appellate Court confirmed the finding - Appeal - Th
1[* * *]
1. Omitted vide Orissa Act No. 18 of 1954.
-(a) For every institution or a group of institutions under the direct control of the State Government the Commissioner shall, as soon as may be, appoint a salaried Executive Officer who shall be a person professing the Hindu religion.
(b) The salary and allowance of the Executive Officer as determined by the Commissioner shall be paid from the fund of the religious institutions concerned.
(a) The Executive Officer shall hold office for such period as may be fixed by 2[the Commissioner] and he shall exercise such powers and perform such duties as may be assigned to him by 2[the Commissioner].
(b) 2[The Commissioner] shall define the powers and duties which may be exercised and performed by the Executive Officer.
(c) The Executive Officer shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code (XLV of 1860).
2. Substituted vide Orissa Act No. 18 of 1954.
2[The Commissioner] may, for good and sufficient causes, suspend, remove or dismiss the Executive Officer in the prescribed manner.
2. Substituted vide Orissa Act No. 18 of 1954.
-(a) The Executive Officer shall after due inquiry submit proposals for fixing the scale of expenditure in the institution and the amounts which shall be allotted to the various objects or ceremonies connected with the institution or the proportions in which the income or other property of the institution may be applied to such objects and ceremonies.
(b) The Executive Officer shall publish the proposal at the premises of the institution and in any other manner as the Assistant Commissioner may direct together with the notice stating that within one month from the date of publication any person having interest may submit suggestion to the Commissioner.
(c) After expiry of the said period 1[the Commissioner] shall after considering the objections and suggestions received by him pass such order as he thinks fit on such proposals and comm
(1) In exercising his powers the Executive Officer shall act under the supervision of the Collector who shall be under general control of the Commissioner.
(2) The Executive Officer appointed under Section 52 shall be deemed to be a trustee for purposes of Sections 32 and 34 and Chapters VIII, IX and X.
-(1) The trustee of every religious institution shall, before the end of December in each year, submit to the Assistant Commissioner in such form as may be fixed by 1[the Commissioner] a budget showing the probable receipts and disbursements of the institution during the following financial year.
(2) Every such budget shall make adequate provision for-
(a) the scale of expenditure for the time being in force and in the case of a math, its other customary expenses;
(b) the due discharge of all liabilities binding on the institution;
(c) the repair and renovation of the buildings connected with institution;
(d) expenditure on religious, educational and charitable purposes not inconsistent with the object
(1) The trustee of every religious institution shall keep regular accounts of all receipts and disbursements.
2[(2) The accounts of every religious institution the annual income of which is calculated for the purpose of assessment of contribution for the year immediately preceding is two thousand rupees or more, shall be subject to annual audit. The accounts of every other religious institution shall be audited in alternative years or if the Commissioner so directs in any case or classes of cases, at a shorter interval.]
2[(3) The accounts of such religious institutions, as may be notified from time to time by the State Government, shall be audited by Auditors appointed by them in consultation with the Accountant-General and the accounts of other religious institutions shall be audited by the Special Audit Staff appointed by 1[the Comm
After completing the audit for any year or shorter period, or for any transaction or series of transactions, as the case may be, the auditor shall send a report to 1[the Commissioner] sending a copy thereof to the Assistant Commissioner.
(1) The auditor shall specify in his report all cases of irregular, illegal or improper expenditure or of failure to recover moneys or other property due to the religious institution, or of loss or waste of money or other property thereof, caused by neglect or misconduct.
(2) The Auditor shall also report on any other matter relating to the accounts as may be prescribed, or on which 1[the Commissioner] or the Assistant Commissioner concerned, may require him to report.
-(1) 1[The Commissioner] shall send a copy of every audit report relating to the accounts of a religious institution to the trustee thereof, and it shall be the duty of such trustee to remedy any defects or irregularities pointed out by the auditor and report the same to Assistant Commissioner.
(2) The Assistant Commissioner shall forward to 1[the Commissioner] a copy of every audit report received by him under Section 59 and the report, if any, of the trustee made under Sub-section (1), together with such remarks as the Assistant Commissioner may wish to make thereon.
(3) If, on a consideration of the report of the auditor alongwith the report, if any, of the trustee the Assistant Commissioner thinks that the trustee or any employee of the institution concerned with the management of the trust property was guilty of misappropriation or
The provisions of this Chapter shall apply to every religious institution, notwithstanding anything to the contrary contained in any scheme settled or deemed to be settled under this Act.
(1) There shall be established a fund to be called the 'Orissa Hindu Religious Endowments Administration Fund'. The fund shall be vested in and be administered by 1[the Commissioner] of Endowments who shall be a corporation sole with perpetual succession and common seal and may sue and be sued by this corporate name.
(2) The following sums shall be credited to the said fund, namely :
(a) fees levied under Section 77;
(b) contribution levied under Sub-section (4);
(c) fines and penalties realised in pursuance of Sections 32 and 70;
(d) any grant or contribution by the State Government, any local authority or any individual whether corporate or not;
(e) all sums
All costs, charges and expenses incurred by the State Government, 2[the Commissioner] 1[the Deputy Commissioner] or an Assistant Commissioner in connection with legal proceedings in respect of any religious institution to which any of them is a party, shall be payable out of the funds of such religious institution.]
1. Substituted vide Orissa Act No. 29 of 1978- w.e.f. 7.6.1978.
2. Substituted vide Orissa Act No. 18 of 1954.
(1) The contributions, costs and expenses payable under Sections 63 and 64 shall be assessed on and notified to trustee of the religious institution concerned in the prescribed manner. The assessment shall be made by the Commissioner on the basis of average income of the preceding three years for the following three years. 2[The Commissioner] if he considers necessary may call for reports from Assistant Commissioners in this behalf.
(2) (a) Such trustee may, within fifteen days from the date of the receipt of such notice or within such further time as may be granted by 2[the Commissioner] prefer his objection thereto, if any, to 2[the Commissioner] in writing. Such objection may relate either to his liability to pay or to the amount specified
in the notice. 1[The Commissioner] shall consider such objection and give his decision confirm
(1) It shall not be competent for 1[the Commissioner] to levy any contribution for more than six years immediately preceding the year in which a notice of assessment is issued under Section 65.
(2) Nothing in this section shall affect any levy of contribution made or moneys collected by 1[the Commissioner] under the Orissa Hindu Religious Endowments Act, 1939 (Orissa Act IV of 1939).
1. Substituted vide Orissa Act No. 18 of 1954.
All public officers having custody of any record, register, report or other document relating to a religious institution or any movable or immovable property thereof shall furnish such copies or extracts from the same as may be required by 1[the Commissioner], 2[the Deputy Commissioner] or an Assistant Commissioner.
2. Inserted vide Orissa Act No. 29 of 1978 - w.e.f. 7.6.1978.
-(1) Where a person has been appointed-
(a) as trustee or Executive Officer of a religious institution; or
(b) to discharge the functions of a trustee of a religious institution in accordance with the provisions of this Act; or
(c) as the Executive Officer in any scheme settled under the provisions of the Orissa Hindu Religious Endowments Act, 1939 (Orissa Act IV of 1939) and such person is resisted in, or prevented from, obtaining possession of the religious institution or of the record, accounts and properties thereof, by a trustee, office-holder or servant of the religious institution who has dismissed or suspended from his officer or is otherwise not entitled to be in possession, or by any person claiming or deriving title from such trustee, office-holder or servant, other than a person cl
-(1) Whenever the trustee or any religious institution is sued in any Civil or Revenue Court in respect of any property belonging to or given or endowed for the purpose of any religious institution notice of such Suit shall be given by the Court concerned to 1[the Commissioner] at least a month before commencement of the hearing.
(2) The costs, charges and expenses incidental to all proceedings before 1[the Commissioner] , 2[the Deputy Commissioner] or Assistant Commissioner shall be in his discretion and he shall have full power to determine by whom or out of what funds and to what extent such costs, charges and expenses are to be paid ; and the order passed in this regard may be transferred to the Collector for execution and recovery as arrears of land revenue.
CASE LAWS :
Sec. 69 - Whenev
(1) If any trustee, Executive Officer or other person 3[* * *] in whom the administration of a religious institution is vested-
(a) refuses, neglects or fails to comply with the provisions of Sections 13, 15, 16, 17, or 18 or fails to make over charge of the institution when so ordered ; or
(b) refuses, neglects or fails to furnish such accounts, returns, reports or other information relating to the institution or its funds, property or income or the application thereof, at such time and in such manner as 1[the Commissioner] 2[the Deputy Commissioner] or the Assistant Commissioner may require; or
(c) refuses or causes obstruction to the inspection by 1[the Commissioner], 2[the Deputy Commissioner] or Assistant Commissioner of the movable and immovable property belonging to, and all records,
Notwithstanding anything contained in the First or Second Schedule to the Court-fee Act, 1870 (Act VII of 1870) proper fees for the documents described in Columns (1) and (2) of the Schedule shall be its fees indicated in Column (3) thereof.
Nothing contained in this Act shall-
(a) save as otherwise expressly provided in or under this Act, affect any honour, emolument or perquisite to which any person is entitled by custom or otherwise in any religious institution or its established usage in regard to any other matter ; or
(b) authorise any interference with the religious and spiritual functions of the head of a math including those relating to imparting of religious institution or the rendering of spiritual service.]
1. Substituted vide Orissa Act No. 18 of 1954.
(1)- No suit or other legal proceeding in respect of the administration of a religious institution or in respect of any other matter or dispute for determining or deciding which provision is made in this Act shall be instituted in any Court of law, except under, and in conformity with, the provisions of this Act.
(2) Nothing contained in this section shall affect the right of the trustee appointed under the Act of a religious institution to institute a suit to enforce the pecuniary or property rights of the institution or the rights of such institution as a beneficiary.
CASE LAW :
Sec. 73 - Endowment Act is a special law - It will supersede general law i.e. Consumer Protection Act - Dispute pertaining to landed property of public religious institution - Jurisdiction of all other Courts are
(1) In relation to all proceedings before 1[the Commissioner], 2[the Deputy Commissioner] or the Assistant Commissioner, the orders in pursuance of which are under the provisions of this Act appealable to the High Court, 1[the Commissioner], 2[the Deputy Commissioner] or the Assistant Commissioner, as the case may be, shall have the powers vested in a Court under the Code of Civil Procedure, 1908 (V of 1908) when trying a suit in respect of the following matters :
(a) discovery and inspection;
(b) enforcing the attendance of witnesses, and requiring the deposit of their expenses;
(c) compelling the production of documents;
(d) examining witnesses on oath;
(e) granting adjournments;
&n
Save as otherwise expressly provided in this Act, no notification issued, order passed, decision made, proceedings or action taken, scheme settled, or other thing done under the provisions of this Act by the State Government or 1[the Commissioner] or an Assistant Commissioner shall be liable to be questioned in any Court of law.
(1) The State Government may make rules to carry out all or any of the purposes of this Act not inconsistent therewith.
(2) In particular and without prejudice to the generality of the foregoing power, they shall have power to make rules with reference to the following matters:
(a) all matters expressly required or allowed by this Act to be prescribed;
(b) the effectual exercise of the powers of superintendence vested in the State Government;
(c) the form and manner in which applications and appeals should be submitted to the State Government, 1[the Commissioner], 2[the Deputy Commissioner] or an Assistant Commissioner;
(d) the powers of the State Government, 1[the Commissioner], 2[the Deputy Commissione
1[The Commissioner] shall grant copies of proceedings or other records of his office on payment of such fees and subject to such conditions as may be prescribed. Copies shall be certified by 1[the commissioner] or such officer as may be authorised by him in this behalf in the manner provided under Section 76 of the Indian Evidence Act, 1872 (1 of 1872).
1. Substituted vide Orissa Act No. 18 of 1954.
-(1) Notwithstanding anything in any other law for the time being in force all suits instituted under the provisions of the Orissa Hindu Religious Endowments Act, 1939 (Orissa Act IV of 1939) and pending on the date of commencement of this Act shall stand transferred to the Courts of the subordinate Judges having jurisdiction and be heard by them :
Provided that-
(a) while trying a suit any one or more suits relating to the same religious institution may be heard together;
(b) an appeal shall lie to the High Court against the decision of the subordinate Judge irrespective of the value of such suits :
Provided further that the operation of the order of 1[the Commissioner] under Sub-section (1) of Section 64 of the Orissa Hindu Religious Endowments
(1) The Orissa Hindu Religious Endowments Act, 1939, (Orissa Act IV of 1939) is hereby repealed.
(2) Notwithstanding the repeal of the Orissa Hindu Religious Endowments Act, 1939 (Orissa Act IV of 1939)-
(a) all rules made, notifications issued, orders passed, decisions made, proceedings or action taken, schemes settled and things done by the State Government or 1[the Commissioner] under the said Act, shall in so far as they are not inconsistent with this Act, be deemed to have been made, issued, passed, taken, settled or done by the appropriate authority under the corresponding provisions of this Act and shall have effect accordingly;
(b) all schemes settled or modified by a Court of law under the said Act or under Section 92 of the Code of Civil Procedure, 1908 (V of 1908) shall be deemed t
Notwithstanding anything contained in any of the other provisions of this Act or any judgment, decree or order of any Court all schemes purporting to have been settled in pursuance of Sections 38 and 39 of the Orissa Hindu Religious Endowments Act, 1939 (Orissa Act IV of 1939) after the commencement of the Orissa Hindu Religious Endowments (Amendment) Ordinance, 1953 (Orissa Ordinance II of 1953) and before the commencement of this Act shall be deemed to have been settled under the provisions of this Act and any person aggrieved by any such scheme may within sixty days from the date of commencement of this Act prefer an appeal to the High Court and such appeal shall be dealt with and disposed of in the same manner as appeals provided for under Sub-section (2) of Section 44.
If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion may require, by order anything which appears to them necessary for the purpose of removing the difficulty.
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