ORISSA HINDU RELIGIOUS ENDOWMENTS ACT 1969

The Orissa Hindu Religious Endowments Act, 1969

S.28 Inspection of property and documents

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 reasonable required in regard to such inspection, and also to produce any such movable property or document for inspection, if so required.

(2) For the purposes of inspection as aforesaid the inspecting authority shall, have power to enter at any reasonable hour the premises of any religious institution or any place of worship.

(3) If any such inspecting authority is resisted in the exercise of such power or discharge of such duty, the Magistrate having jurisdiction shall, on a written requisition from such authority direct any police officer not below the rank of a Sub-Inspector to render such help as may be necessary to enable the inspecting authority to exercise such power or discharge such duty.

(4) Nothing in this se

S.29 Trustee to furnish list of properties.

(1) The trustee of every religious institution having an annual income of more than two thousand and five hundred rupees shall submit to the Board every year on or before the 31st May, a list of properties, both movable and immovable, belonging to the institution.

(2) The trustee of every other religious institution shall submit a similar list as aforesaid to the Board and also to the Committee having jurisdiction every three years on or before the 31st May and shall also submit a statement along with the said list showing the total income and expenditure of the institution for each of the preceding three years.

S.30 Alienation of immovable trust property.

(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 purposes of any

religious institution shall be made unless it is sanctioned by the Board as being necessary or beneficial to the institution and such transfer shall be void and inoperative unless the sanction as aforesaid has been accorded prior to the transfer.

(2) In according such sanction, the Board may declare it to be subject to such conditions and directions as it may deem necessary regarding the utilisation of the amount raised by the transaction, the investment there of and in the case of a mortgage, regarding the discharge of the same within a reasonable period.

(3) A copy of the order made by the Board under this section shall be communicated to the trustee and shall be published in such manner as may be prescribed.

S.31 Restriction on registration of document

(1) Notwithstanding anything contained in the Indian Registration Act, 1908, the Registering authority shall not accept for registration any deed of alienation of immovable property belonging to any religious institution unless a certified copy of the order made under section 30 sanctioning such alienation is filed along with the deed:

Provided that in cases where no such order under section 30 is produced before the Registering authority a copy of the deed may be filed along with the same and thereupon the Registering authority shall, after registration of the deed, transmit the copy so filed to the Board.

(2) Upon receipt of the copy of the deed the Board may make such enquiry as it deems fit and if it is satisfied that the alienation has been made in contravention of section 30 it may refer the matter to the Tribunal.

S.32 Recovery of immovable property unlawfully alienated

(1) Whenever it comes to the notice of the Board that any immovable property belonging to any religious institution has been alienated in contravention of section 30 it shall refer the matter to the Tribunal.

(2) Upon receipt of a reference made under the preceding sub-section or under sub-section (2) of section 31 the Tribunal shall hold a summary enquiry in the prescribed manner and on being satisfied that any such property has been so alienated, shall deliver possession of the same to the trustee of the institution.

(3) Nothing contained in this section shall debar any person aggrieved by any action taken by the Tribunal under this section from instituting a suit in the Civil Court for establishing his right.

S.33 Removal of encroachment of endowment land

(1) The provisions contained in the Orissa Prevention of Land Encroachment Act, 1954 shall be applicable, as far as may be, in respect of unauthorised occupation of any land belonging to any religious institution as if it were property of Government within the meaning of that Act.

(2) The Board may make an application for taking up appropriate proceedings under the said Act to the authority competent thereunder and thereupon it shall be lawful for such authority to take action in accordance with the provisions contained in that Act.

S.34 Authority of trustee to incur expenditure for securing the health, safety or convenience of disciples, pilgrims and worshippers

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 training of Vidyarthes and for securing the health, safety and convenience of disciples pilgrims and worshippers visiting the institution.

S.35 Power of trustee of a specific endowment made to a math or temple

The trustee of a specific endowment made to 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.

S.36 Enforcement of service or charity in certain cases

(1) Where a specific endowment attached to a math or temple consists merely of a charge on property and there is 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 and in default of such person making payment as required the Administrator 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 by or recovered from the person in possession, the Administrator may, on the application of the per

S.37 Resumption and re-grant of inam granted for the performance of any charity or service connected with a math or temple in case of failure to perform the charity or service

(1) Any exchange, gift, sale or mortgage or lease 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) The Collector may, on his own motion, or on the application of the trustee of the religious institution or of the Board or of any person having interest in the institution who has obtained the consent of such trustee or the Board, by order, resume the whole of 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 or jagir or portion thereof, as the case may be, has made an exchange, gift, sale, mortgage or lease of such inam or jagir or portion thereof ; or
(ii) that the religious institution has ceased to exist o

S.Chapter V Religious institutions other than maths and specific endowments attached thereto

S.38 Non-hereditary trustees, their number and appointment

(1) The Board shall, in cases where there is no hereditary trustee, appoint non-hereditary trustees in respect of each religious institution other than maths and specific endowments attached thereto and in making such appointments, it shall have due regard to the claims of persons belonging to the religious denomination for whose benefit the said institution is chiefly maintained.

(2) A non-hereditary trustee shall hold office for such period not exceeding five years as may be fixed by the Board unless in the meanwhile the trustee is removed or dismissed or his resignation is accepted by the Board or he otherwise ceases to be a trustee.

(3) Every non-hereditary trustee lawfully holding office at the commencement of this Act shall be deemed to have been duly appointed under this Act for the unexpired portion of his term of office.

S.39 Power to suspend, remove or dismiss trustees

(1) The Board, in the case of a hereditary trustee, and the Administrator, in the case of a non-hereditary trustee, may suspend, remove or dismiss the trustee of any religious institution, not being a math--

(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 Board or the Administrator;
(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, 1951;
(d) for any misappropriation of, or improper dealing with, the properties of the institution of which he is a trustee;
(e) for unsoundness of mind or other mental or physical defect or infirmity which renders him unfit for discharging the functions of a tr

S.40 Disqualification of trustee

A trustee shall cease to hold office as such, if he--

(a) is sentenced by a Criminal Court to transportation or to imprisonment for a period of more than six months, for an offence involving moral turpitude, such sentence not having been cancelled or reduced to a period of six months or less, or the offence not having been pardoned; or
(b) applies to be adjudicated or is adjudicated insolvent; or
(c) ceases to profess the religion to which the institution belongs.

S.41 Filling up of vacancies in the office of hereditary trustee

(1) 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 39 or by reason of his ceasing to hold office under the provisions of section 40, the next in the line of succession shall be appointed by the Board 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 a minor and has no legally appointed guardian fit and willing to act as such or there is a dispute respecting the person who is entitled to act as such guardian, the Board may appoint a fit person to discharge

S.42 Appointment of office-holders and servants in religious institutions

(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--

(a) there is dispute respecting the right of succession; or
(b) such vacancy cannot be filled up immediately; or
(c) the person entitled to succeed is a minor without a legally appointed guardian fit and willing to act as such; or
(d) the hereditary office-holder or servant is suspended from his office under sub-section (1) of section 43,

the trustee may appoint a fit person to discharge the functions of the office or perform the service, until the disability of the office-holder or servant ceases or another person succeed to the office or service, as the case may be.

Explanation

S.43 Punishment of office-holders and servants of religious institutions

(1) All office-holders and servants attached to a religious institution or in receipt of any emolument or 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, misconduct or for any 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, prefer an appeal before the Board whose order thereon shall be final.

(3) If any such office-holder or servant against whom an order of fine, suspension, removal or dismissal has been made by the trustee or the Board, as the case may be, disobeys such order, he shall, unless he shows reasonable cause to the satisfaction of the Board, be liable to pay to the Endowment Fund within such date as may be specified in the order such penalty not exceeding two hundred rupe

S.44 Office-holders and servants of temples not to be in possession of jewels or other valuable articles except under certain conditions

Without prejudice to the other 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 of the temple except under such conditions and safeguard as the Board may by general or special order direct.

S.45 Fixing of standard scales of expenditure

(1) The trustee of a religious institution may, from time to time, submit to the Administrator 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 object or ceremonies.

(2) The trustee shall publish such proposal at the premises of the institution and in such other manner as the Administrator 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 Administrator.

(3) After the expiry of the said period, the Administrator shall, after considering the objections or suggestions, if any, received by him, pass such order as he thinks fit on such proposals having regard to the established usage of the institution and its financial position a

S.Chapter VI Maths

S.46 Disqualification and removal of hereditary trustees

(1) A hereditary trustee of a math shall be disqualified and shall 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 the Hindu religion or the tenets of the math; or
(d) is sentenced by a criminal court to transportation or to imprisonment for a period of more than six months for an offence involving moral turpitude, such sentence not having been cancelled or reduced to a period of six months or less or the offence not having been pardoned; or
(e) has committed breach of trust in respect of any of the properties of the math; 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 in making payment of contribution or other dues payable to the Endowment Fund.

S.47 Filling up of vacancies

(1) When--

(a) a vacancy occurs in the office of the trustee of a math or a specific endowment attached to a math except as provided in section 46 and there is either a dispute respecting the right of succession to such office or any other reason for which the vacancy cannot be filled up immediately; or
(b) the trustee is a minor and there is either no recognised guardian fit and willing to act as such or a dispute respecting the person who is entitled to act as such guardian,

the Board, 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 or another trustee succeeds to the office, as the case may be, and any interim trustee appointed under this sub-section may be removed by the Board on any of the grounds specified in sub-section (1) of section 39.

(2) In making any appointment under sub-section (1) the Boa

S.48 Fixing of standard scales of expenditure

(1) This trustee of every math or specific endowment attached to a math may, from time to time, submit to the Board 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 the Board may direct, together with a notice inviting objections and suggestions from persons having interest to be submitted to the Board within one month from the date of such publication.

S.49 Appointment of successors by hereditary trustees

(1) When the hereditary trustee of a math nominates his successor he shall give intimation in writing to the Board and all subsequent changes in the nomination shall also be intimated likewise within three months of the nomination.

(2) For the purpose of succession to the office of trustee of the math the last nomination so intimated shall be recognised by the Board.

(3) Where no such nomination is made in respect of any math during the life-time of the trustee thereof, the Board shall be competent to appoint an interim trustee in respect of the math until a duly appointed trustee takes over office and the interim trustee so appointed may be removed by the Board on any of the grounds specified in sub-section (1) of section 39.

(4) In making the appointment of an interim trustee under sub-section (3) the Board shall have due regard to the claims of the disciples, if any, of the math and in the absence of any such disciple the Board shall take into consideration

S.Chapter VII Inquiries

S.50 Tribunal to decide certain disputes

(1) If any question or dispute arises as to--

(a) whether an institution is a public religious institution;
(b) whether an institution is a temple or 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 wholly or partly of a religious or secular character and whether any property or money has been given wholly or partly for religious or secular purposes; or
(g) where property or money has been given for the support of a charity which is partly of a religious and partly of a secular character or when any property or money is given for religious and partl

S.51 Power of Board to frame schemes

(1) Whenever there is reason to believe that in the interest of the proper administration of any religious institution a scheme may be settled for it, the Board shall proceed to frame a scheme in the manner hereinafter provided.

(2) Before proceeding to frame a scheme in respect of any religious institution the Board shall consult in the prescribed manner the trustee of the institution and persons having interests therein and hold an enquiry in the prescribed manner and if after such consultation and enquiry the Board is satisfied that it is necessary or desirable to frame a scheme it shall, by order recording the reasons therefor, frame a scheme for the administration of the institution.

(3) A scheme settled under sub-section (2) for a temple or its specific endowment may contain provision for--

(a) fixing the number of non-hereditary trustees;
(b) removing any existing trustee, whether hereditary or non-hereditary, anything in section 39 to the

S.52 Cypress application of funds

(1) The Board 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 any 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 endowments or surplus as aforesaid shall, as far as possible, be utilised for the benefit of the community for the

S.53 Appeal

(1) Any person aggrieved by any order passed by the Board under sub-section (2) or under section 52, within ninety days from the date of receipt of the order under section 51 or from the date of publication of the order under section 52, as the case may be, prefer an appeal before the High Court.

(2) Any party aggrieved by an order of the Tribunal made under section 50 may, within ninety days from the date of the order, prefer an appeal before the High Court.

S.Chapter VIII Religious Institutions under direct control

S.54 Appointment of Executive Officer

(1) For every institution or a group of institutions under the direct control of the State Government the Board shall, as soon as may be, appoint an Executive Officer who shall be a person professing the Hindu religion.

(2) The Executive Officer may be paid such salary and allowances, if any, as may be determined by the Board from the fund of the religious institution concerned.

S.55 Term of office and duties of Executive Officer

(1) The Executive Officer shall hold office for such period as may be fixed by the Board and he shall exercise such powers and perform such duties as may be assigned to him by the Board.

(2) The Executive Officer shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code.

S.56 Removal of Executive Officer

The Board may suspend, remove or dismiss the Executive Officer in the prescribed manner.

S.57 Fixing of scale of expenditure

(1) The Executive Officer shall, after due enquiry, 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 proportion in which the income or other property of the institution may be applied to such objects and ceremonies.

(2) The Executive Officer shall publish the proposals at the premises of the institution and in any other manner as the Administrator may direct together with a notice stating that within one month from the date of publication any person having interest may submit objections or suggestions to the Administrator.

(3) After expiry of the said period the Administrator shall, after considering the objections and suggestions received by him, pass such order as he thinks fit on such proposals and communicate a copy of the order to the Executive Officer and to the persons, if any, filing objections or suggestions.

S.58 Delegation of powers in relation to institutions under direct control

Subject to such general or special directions as may be issued by the State Government, the Board may delegate any of its powers and functions in relation to religious institutions under the direct control of the State Government to any officer not below the rank of an Additional District Magistrate and may, at any time, withdraw any power or function so delegated.

S.59 Executive Officer deemed to be a trustee for certain purposes

The Executive Officer appointed under Section 54 shall be deemed to be a trustee for the purposes of section 43 and Chapters IX, X and XI.

S.60 Advisory Council for any group of institutions under direct control

(1) The State Government may constitute an Advisory Council for any one or group of religious institutions under their direct control.

(2) The Advisory Council may advise the Board or the concerned Committee or Executive Officer regarding the management of the affairs of the institution concerned.

(3) The composition, term of office and the procedure for the conduct of business of the Advisory Council shall be such as may be prescribed.

S.Chapter IX Budget, Accounts and Audit

S.61 Budgets of religious institutions

(1) The trustee of every religious institution liable to pay contribution under sub-section (3) of section 67 shall, before the end of December in each year, submit to the Administrator in such form as may be fixed by him, a budget showing the probable receipts and disbursements of the institution during the following financial year.

(2) Every such budget shall make adequate provisions for—

(a) the scale of expenditure for the time being in force and in the case of a math, its other customary expenses including the nitis and other religious pursuits;
(b) the due discharge of all liabilities binding on the institution;
(c) the repair and renovation of the buildings connected with the institution;
(d) expenditure on religious, educational and charitable purposes not inconsistent with the objects of the institution which shall not be less than five percentum of the gross income unless the Administrator otherwise directs;
(e) the

S.62 Accounts and audit

(1) The trustee of every religious institution shall keep regular accounts of all receipts and disbursements.

(2) The accounts of every religious institution which is liable to pay contribution shall be subject to annual audit and the accounts of every other religious institution shall be audited once in every three years or if the Board so directs in any case or classes of cases, at a shorter interval.

(3) The audit of the accounts of religious institutions belonging to the former category as aforesaid shall be made by Auditors appointed by the State Government in consultation with the Accountant-General and in the case of any other religious institution, by the special Audit staff appointed by the Board.

S.63 Authority to whom audit report is to be submitted

After completing the audit for any year or any shorter period, or for any transaction, or series of transactions, as the case may be, the Auditor shall send a report to the Board.

S.64 Contents of audit report

(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 negligence or misconduct.

(2) The Auditor shall also report on any other matter relating to the accounts as may be prescribed, or on which the Board may require him to report.

S.65 Rectification of defects disclosed in audit and order of surcharge against trustee

(1) The Administrator shall send a copy of every audit report relating to the accounts of a religious institution to the trustee, 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 the Administrator.

(2) The Administrator shall forward to the Board the report, if any, of the trustee made under sub-section (1), together with such remarks as he may make thereon.

(3) If, on a consideration of the report of the Auditor along with the report, if any, of the trustee made under sub-section (1), the Board is satisfied that the trustee or any employee of the institution concerned with the management of the trust property was guilty of misappropriation or wilful waste of the funds of the institution or of gross negligence resulting in a loss to the institution, it may, after giving notice to the trustee or to the employee, as the case may be, to show cause why an order of surcharge should not be pas

S.66 Application of the provisions of this Chapter

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.

S.Chapter X Finance

S.67 Endowments Fund

(1) There shall be established a fund to be called the "Orissa Hindu Religious Endowments Administration Fund" which shall vest in and be administered by the Board.

(2) The following sums shall be credited to the said fund namely:—

(a) contributions levied under sub-section (3);
(b) fees levied under section 78;
(c) penalties realised under section 76;
(d) any grant or contribution by the State Government, any Local authority or any individual whether corporate or not;
(e) any sum borrowed by the Board from the State Government;
(f) all amounts standing to the credit of the Endowment Fund constituted under the Orissa Hindu Religious Endowments Act, 1951;
(g) any other sum which may be credited by or under the other provisions of this Act.

(3) Every religious institution having an annual income exceeding two thousand and five hundred rupees shall, from the income derived by it, pay to the Endowme

S.68 Recovery of costs and expenses incurred on legal Proceedings

All costs, charges and expenses incurred by the Board, in connection with legal proceedings in respect of any religious institution to which the Board is a party, shall be payable out of the funds of such religious institution.

S.69 Assessment and recovery of contribution costs and expenses

(1) The contributions, costs and expenses payable under sections 67 and 68 shall be assessed in the prescribed manner by the Administrator on the basis of the average income of the preceding three years for the following three years and the amount so assessed shall be intimated to the trustee.

(2) The trustee may, within fifteen days from the date of the receipt of such intimation or within such further time as may be granted by the Administrator, file his objection thereto, if any, before the Administrator in writing and the Administrator shall, after considering such objection, make an order confirming, withdrawing or modifying the assessment so made.

(3) Any trustee aggrieved by an order made under sub-section (2) may, within one month from the date of the order, prefer an appeal before the Board.

(4) The amount assessed under this section shall be paid by the trustee within one month from the date of receipt of the intimation under sub-section (1), or where

S.70 Contribution not to be levied for more than Six years immediately preceeding the year in which notice of assessment is issued

It shall not be competent for the Administrator to levy any contribution for more than three years immediately preceeding the year in which the intimation of assessment is issued under section 69.

S.71 Common Good Fund

(1) It shall be lawful for the Board to create a fund called the Orissa Hindu Religious Endowments Common Good Fund (hereinafter referred to as the Common Good Fund) out of the contributions voluntarily made by—

(a) any individual or association of persons;
(b) any religious institution;
(c) any local authority; or
(d) any other body or institution.

(2) A contribution to the Common Good Fund may be made without indicating any purpose for which the amount contributed is to be utilised:

Provided that specific purpose may be indicated in such purpose is consistent with the purposes mentioned in clauses (a), (b) and (c) of sub-section (4) and the amount contributed is not less than one thousand rupees.

(3) The Common Good Fund shall vest in and shall be administered by the Board.

(4) Subject to the rules made in that behalf and to such instructions as may be issued by the State Government from time to time, the

S.72 Power to borrow

The Board may borrow money from the State Government subject to such terms and conditions as they may fix.

S.Chapter XI Miscellaneous

S.73 Public officers to furnish copies of or extracts from certain documents

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 the Board or the Tribunal.

S.74 Putting trustee or Executive Officer in possession

(1) Where a person has been appointed as trustee or Executive Officer of any religious institution 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 been dismissed or suspended from his office 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 claiming in good faith to be in possession on his own account or on account of some person not being such trustee, office-holder or servant, the Board shall, on application by the person so appointed, direct delivery of possession of the religious institution and its endowments or the records, accounts and properties thereof, as the case may be, to the applicant in the prescribed manner.

Explanation—A person claiming under an alienation contrary to sub-sect

S.75 Notice by Court and costs of proceedings

(1) Whenever the trustee of 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 the Board at least a month before commencement of the hearing at the cost of the party filing the suit and upon receipt of the notice the Board may take such steps as it may consider fit for protecting the interest of the institution.

(2) The costs, charges and expenses incidental to all proceedings before the Board or the Tribunal shall be at its discretion and it 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 all sums awarded on account of such costs, charges or expenses shall, on a requisition made by the Board, be recoverable as arrears of land revenue.

S.76 Penalty for refusal by trustee, etc., to comply with provisions of this Act

(1) If any trustee, Executive Officer or other person in whom the administration of a religious institution is vested, refuses, neglects or fails to comply with the provisions of sections 22, 23, 25, 27, 28 or 29 or fails to make over charge of the institution when so ordered he shall, unless he shows reasonable cause to the satisfaction of the Board, be liable to pay such penalty not exceeding five hundred rupees and in case of persistent default in compliance with the order a daily fine not exceeding fifty rupees as may be ordered by the Board.

(2) Any person aggrieved by an order made under sub-section (1) may within one month from the date of the order, prefer an appeal before the Tribunal.

(3) If the penalty is not paid within the time fixed or within such further time as may be granted by the Board, the Collector of the district in which any property of the person against whom an order has been made is situate shall, on a requisition made to him by the Administr

S.77 Court-fees Act, 1870

Notwithstanding anyhing contained in the Court-fees Act, 1870 every petition or application or memorandum or appeal specified in column (2) of the Schedule shall bear Court-fee stamp of the value mentioned against it in column (3) thereof.

S.78 Granting of copies

The Board shall grant copies of such documents on payment of such fees and subject to such conditions as may be prescribed and copies so granted shall be certified in the manner provided under section 76 of the Indian Evidence Act, 1872 by the Administrator or by any other officer authorised by the Board in that behalf.

S.79 Delegation of powers by the Board

(1) Subject to such directions or instructions as the State Government may, from time to time issue, the Board may with the prior approval of the State Government, delegate any of its functions to the President or any other member of the Board or to the Administrator and may in like manner withdraw any function so delegated.

(2) The Board may fix any terms and conditions subject to which the functions so delegated shall be performed.

S.80 Power of Government to cause inspection and issue directions

(1) The State Government may, from time to time, give to the Board such general or special directions, not inconsistent with the provisions of this Act, as they think fit and in the performance of its functions and exercise of its powers the Board shall comply with the directions so issued.

(2) The State Government may authorise any officer to inspect the office of or any property belonging to the Board or any Committee and it shall be the duty of the Board or any Committee and the employees thereof to afford all reasonable facilities to such officer for the purpose of holding the inspection.

S.81 Saving of usages

Nothing contained in this Act shall—

(a) save as otherwise expressly provided by 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 by its established usage in regard to any other matter; or
(b) authorise any interference with religious and spiritual functions of the head of a math including those relating to the imparting of religious instructions or the rendering of spiritual service.

S.82 Act not to affect rights under clauses (a) to (c) of Article 26 of the Constitution

Nothing contained in this Act shall be deemed to confer any power or impose any duty in contravention of the rights conferred on any religious denomination or any section thereof by clauses (a), (b) and (c) of Article 26 of the Constitution.

S.83 Bar of suits in respect of administration of religious institution

(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 of a religious institution appointed under this Act to institute a suit to enforce the pecuniary or property rights of the institution or the rights of such institution as a beneficiary.

S.84 Procedure at inquiries and appeals

(1) The procedure to be followed at an inquiry held under this Act by the Administrator, the Board or the Tribunal or to be followed in hearing an appeal filed thereunder before the Board or the Tribunal shall be such as may be prescribed.

(2) The Administrator, the Board and the Tribunal shall, for the purpose of making an inquiry under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, when trying a suit in respect of the following matters, namely:—

(a) summoning and enforcing the attendance of any witness and examining him on oath;
(b) discovery and production of any document or other material object producible as evidence;
(c) reception of evidence on affidavits;
(d) requisitioning of any public record from any court or office;
(e) issuing of any commission for the examination of witnesses; and
(f) any other matter which may be prescribed.

(3) Any p

S.85 Notifications order etc. under Act not to be questioned in Court of law

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, the Board, the Administrator or by the Tribunal shall be liable to be questioned in any Court of law.

S.86 Power to make rules

(1) The State Government may, after previous publication, make rules to carry out all or any of the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters namely:—

(a) the effectual exercise of the powers vested in the State Government under this Act;
(b) the form and manner in which applications and appeals shall be submitted;
(c) the procedure to be followed in making inquiries and hearing appeals, other than appeals before the High Court, under this Act and the powers vested in a Civil Court which may be exercised while making an inquiry;
(d) the inspection of documents and fees to be levied for such inspection;
(e) the mode of service of processes and notices and the fees to be levied therefor;
(f) the grant of certified copies and the fees to be levied therefor;
(g) the budgets, reports, accoun

S.87 Repeal and savings

(1) The Orissa Hindu Religious Endowments Act, 1951, is hereby repealed.

(2) Notwithstanding such repeal—

(a) all rules made, notifications issued, order passed, decisions made, proceedings or actions taken, schemes settled and things done by the State Government or any other authority under the said Act shall, in so far as they are not inconsistent with the provisions of 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;
(b) trustees and Executive Officers appointed under the said Act shall be deemed to be trustees and Executive Officers appointed under this Act; and
(c) all costs, fees, penalties and contributions which have accrued due under the said Act immediately prior to the coming into force of this Act shall be payable to the Board as if such amounts were due to the Board under the corresponding provisions of this Act.

S.88 Transitory provisions

(1) All proceeding under the Orissa Hindu Religious Endowments Act, 1951, which were pending immediately prior to the date of commencement of this Act shall stand transferred to the appropriate authority and, so far as may be, shall be dealt with as if such proceedings were commenced under the corresponding provisions of this Act.

(2) All amounts realised by the Board on account of costs, fees, penalties and contributions due under the said Act and all amounts credited to the Endowment Fund under clause (f) of sub-section (2) of section 67 shall be applied towards payment of the dues of the State Government from the Endowment Fund constituted under this Act.