Act No. 01 of 1951
21st February, 1951
An Act to provide for the better administration of Hindu Religious Trusts and for the protection and preservation of properties appertaining to such Trusts.
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(1) This Act may be called the Bihar Hindu Religious Trusts Act, 1950.
(2) It extends to the whole of the State of Bihar.
(3) It shall come into force on such date, [1] not being later than six months from the date on which it is first published in the Official Gazette, as the State Government may, by notification, appoint.
1. The Act came into force on the 15th August, 1951, See Notification No. 5023, dated the 23rd July, 1951.
In this Act, unless there is anything repugnant in the subject or context-
This Act shall apply to all religious trusts, whether created before or after the commencement of this Act, any part of the property of which is situated in the State of Bihar
1[(1) In Sections 17 of the Bengal Charitable Endowments, Public Buildings and Escheats Regulation, 1810 (Bengal Reg. 19 of 1810), as amended in its application to the State of Bihar for the words and figures in respect of any waqf property in the State of Bihar by the Majlis established under the Bihar Waqfs Act, 1947, (Bihar Act 8 of 1948) the following words and figures shall be substituted, namely:-
"in respect of any waqf property within the meaning of the Bihar Act, 1947 (Bihar Act 8 of 1948), and in respect of any trust property within the meaning of the Bihar Hindu Religious Trusts Act, 1950 (Bihar Act 1 of 1951), by the majlis and the Board, respectively, established under the said Acts."
(2) In the second proviso to Section 5 of the Bengal Land-Revenue Sales Act, 1959 (11 of 1959), after the words "waqf property" the words and figures "within the meaning of the Bihar Waqfs Act, 1947 (Bihar Act 8 of 1948), or a trust property within the meaning of the Bihar H
(1) As soon as possible after this Act comes into force, there shall be established 1[by the State Government] for the State of Bihar a Board to be called the Bihar State Board of Religious Trusts to discharge in regard to religious trusts other than Jain Religious Trusts the functions assigned to the Board by this Act.
2[(2) There shall also be established by the State Government a Board to be called the Bihar State Board of Swetamber Jain Religious Trusts and a Board to be called the Bihar State Board of Digambar Jain Religious Trusts to discharge respectively in regard to Swetamber Jain Religious Trusts and Digamber Jain Religious Trusts the functions assigned to the Board by this Act.
(3) The Board shall be body corporate by the name of the Bihar State Board of Religious Trusts or the Bihar State Board of Swetamber Jain Religious Trusts or the Bihar State Board of Digamber Jain Religious Trusts, as the case may be, and shall have perpetual succession and a common
1The Bihar Board of Religious Trusts, the Bihar State Board of Swetamber Jain Religious Trusts and the Bihar State Board of Digamber Jain Religious Trusts, shall each consist of not more than eleven members.]
1. Substituted by Act 21 of 1992.
(1) All the members of the first Board shall be appointed by the State Government.
(2) The State Government shall appoint one from amongst the members to be the President of the first Board.
(3) The term of office of the members of the first Board shall, save as otherwise provided in this Act, be five years from the date of the publication of their names in the Official Gazette under Section 12 and shall include any further period which may elapse between the expiration of the said five years and the date of the first meeting of the second Board at which a quorum is present.
1[(1)The members of the Board including the President shall be appointed by the State Government by notification in the Official Gazette from the following categories of persons in such manner that at least one person 2[but not more than two] from each of the said categories shall be appointed.
1The Board of Hindu Religious Trust, shall, from the date of coming into force of the Bihar Hindu Religious Trusts (Amendment) Act, 1992, ceases to function and the Government, shall appoint an Administrator to exercise all the powers of the Board till the new Board under Section 8 is constituted.]
1. Inserted by Act 21 of 1992.
A person shall not be eligible for appointment or election as member, if such person-
Provided that this clause shall not apply to a person appointed as member of the first Board under sub-se
If any member is unable by reason of his death, resignation, removal or otherwise to complete his full term of office the vacancy so caused shall be filled by the appointment or election 1[xxx] another person and the person so appointed 1[xxx] shall fill such vacancy for the unexpired portion of the term for which the member in whose place such person is appointed 1[xxx] would otherwise have continued in office.
1. Words "as the case may be", "or elected" and "or elected" omitted vide Sec. 5 of ibid.
If any of the electorates referred to in clause (b) and (c) of sub-section (1), (2) or (3), as the case may be, of Section 8 fails, within such time as the State Government considers reasonable, to elect a member or members referred to in those clauses or on the occurrence of any casual vacancy, to fill that vacancy as provided in Section 10, the State Government may appoint a person or persons possessing the requisite qualification, to fill such a vacancy or vacancies.
The name of the President and of every member appointed or elected under Sections 7, 8, 10 or 11 shall be published by the State Government in the Official Gazette.
(1)The President may be either a paid or an honorary officer of the Board, according as the State Government may from time to time, determine in consultation with the Board.
(2) When the President is a paid officer of the Board, his salary, allowances and other conditions of service shall be such as may from time to time, be fixed by the State Government in consultation with the Board.
1[xxx]
(3) Members may be paid travelling and other allowances for attending meetings of the Board and of any Committee and, subject to the prescribed conditions and restrictions, for undertaking any journey in connection with any of the affairs of the Board, at such rates as may be fixed by the State Government.
1 "Proviso to sub-section (2) of Section 13" deleted vide Sec. 6 by Amdt. Act 1 of 2007.
The State Government may remove from office.-
(1)The Board shall have an office at Patna. 1[or at such other place as the State Government may in consultation with the Board by notification, determine], and shall meet for the transaction of business at least once in every three months and as often as it is necessary to meet for the transaction of business.
(2) Every meeting of the Board shall be convened by the President or by the Superintendent under the direction of the President, and at least ten days notice of the meeting shall be given to the members.
(3) If there is no official business to be transacted at any quarterly meeting and if no notice of any business to be transacted at such meeting is received by the President from any member at least twenty days before the end of the quarter. The President shall instead of calling the meeting, notify the fact to each member at least one week before the end of the quarter.
1. Inserted by Act 7 of 1953.
A special meeting of the Board shall be called by the President on the receipt of a requisition signed by not less than five members and specifying the business to be transacted at such meeting. If the President fails to call such meeting three weeks after the receipt of any such requisition, the meeting may be called by the members who signed the requisition.
1[(1) Four members shall form the quorum for a meeting of each of the Bihar State Board of Hindu Religious Trusts, Bihar State Board of Swetamber Jain Religious Trusts and the Bihar State Board of Digamber Jain Religious Trusts.]
(2) If, at the time appointed for a meeting or within half an hour there after, a quorum is not present, the meeting shall stand, adjourned. The President shall fix a date for adjourned meeting and one weeks' notice of such date shall be given to each member.
1. Substituted by Act 21 of 1992.
The President shall preside at every meeting of the Board and in his absence the members present shall elect one of their number to preside at the meeting.
(1) Save as otherwise provided by this Act, every matter coming before the Board shall be decided by a majority of votes of the members present and voting in the meeting.
(2) In the case of an equality of votes, the President shall have second or casting vote.
Minutes of the proceedings of all meetings of the Board shall be entered in a book to be kept for the purpose and shall be signed by the President.
A copy of the minutes of the proceeding of every meeting shall be forthwith forwarded by the President to the State Government or to such authority as the State Government may direct.
(1) The Board may appoint Committees to assist it in the exercise of the powers, or the performance of the duties conferred or imposed upon it by or under this Act, and may determine the functions and procedure of such Committees.
(2) Any person who is not a member of the Board may be appointed to be a member of any such Committee.
Provided that the number of such persons on any such Committee shall not exceed one third of the total number of members of the Committee.
The Board may, subject to the approval of the State Government, appoint a person to be the Superintendent of Religious Trusts:
Provided that the first Superintendent who shall hold office for four years only but will be eligible for re-appointment shall be appointed by the State Government.
(1) No person shall be eligible for appointment as Superintendent unless he is a Hindu. 1[and has got a legal or administrative experience of at least 15 years.]
(2) The salary, allowances and other conditions of service of the Superintendent shall be such as may be fixed by the Board subject to the approval of the State Government:
Provided that the salary, allowances and other conditions of service of first Superintendent shall be such as may be fixed by the Board subject to the approval of the State Government.
1. Words "and has got a legal or administrative experience of at least 15 years" inserted vide Section 7 by Amendment Act 1 of 2007.
(1) The Superintendent and other Officers and servant of the Board shall exercise such powers and perform such duties as may, from time to time', be conferred or imposed on them by the Board 1[or the President as the case may be.]
(2) The Superintendent may take part in the discussions before the Board but shall not be entitled to vote.
1. Inserted by Act 21 of 1992.
(1) The Board may, from time to time, determine the number, designations, grades and scales of salary and other conditions of service of its officers and servants.
(2) The power of appointing, promoting and granting leave to such Officers and servants and of reducing them in rank or suspending or dismissing them and of dispensing with their services shall vest in the President:
Provided that-
(3) Any officer or servant considering himself aggrieved by an order of dismissal passed by the President under sub-section (2), not being an order passed with the sanction of the Board may appeal to the Board and the Board may confirm, modify or set aside such order o
(1) The Board, at a meeting specially convened for the purpose, or by a resolution in favour of which not less than two third of the members present at such meeting shall have voted, may, subject to the approval of the State Government, make bye-laws for-
(2) The Board may, from time to time in accordance with such bye-laws, grant gratuities out of the Trust Fund, and allowances out of such Provident Fund, to any of its officers or servants, as it thinks fit.
Explanation.-In this Section, the expression 'officers and servants' includes the Superintendent, but does not include the President.
(1) The general superintendence of all religious trusts in the State shall be vested in the Board. The Board shall do all things reasonable and necessary to ensure that such trusts are properly supervised and administered and that the income thereof is duly appropriated and applied to the objects of such trusts and in accordance with the purposes for which such trusts were founded or for which they exist, so far as the objects and purposes can be ascertained.
(2) Without prejudice to the generality of the provisions of sub-section (1), and subject to the other provisions of this Act, the powers and duties of the Board shall be-
(1) Where the supervision of a religious trust is vested in any committee or association appointed by the founder or by a competent Court or authority, such Committee or association shall continue to function under the general superintendence and control of the Board unless superseded by the Board under sub-section (2).
(2) The Board may supersede any committee or association referred to in sub-section (1) which in the opinion of the Board, is not discharging its functions satisfactorily and, if the Board does so, any decree or order of a Court or authority by which such committee or association was constituted shall be deemed to have been modified accordingly:
Provided that before making any order under this sub-section, the Board shall communicate the committee or association concerned the grounds on which they propose to supersede it, fix a reasonable period for the committee or association to show cause against the proposal and consider its explanations and object
(1) When any object of a religious trust has ceased to exist or has in the opinion of the Board become impossible of achievement the Board may, of its own motion or on the application of any Hindu, after issuing notice in the prescribed manner, to the trustee of such trust and to such other person as may appear to the Board to be interested therein and after making such enquiry as it thinks fit determine the object (which shall be similar or as nearly similar as practicable to the object which has ceased to exist or become impossible of achievement) to which the funds, property or income of the trust or so much of such fund, property or income as was previously expended on or applied to the object which has ceased to exist or become impossible of achievement, shall be applied.
(2) The applicant or the trustee of, or any other person interested in the religious trust may, within ninety days of any order passed under sub-section (1) make an application to the District Judge fo
(1) Subject to the provisions of this Act the Board may enter into such contracts as it may consider necessary or expedient for carrying out any of the purposes of this Act.
(2) Every contract made on behalf of the Board, the value or amount of which exceeds 1[five thousand rupees], shall be in writing, shall be signed by the Superintendent, and countersigned by the President and sealed with the common seal of the Board. Contracts, the value or amount of which is 1[five thousand rupees] or less shall be in writing and shall be signed by the Superintendent.
(3) If any contract is executed on behalf of the Board otherwise than in conformity with the provisions of sub-section (2), it shall be avoidable at the instance of the Board.
1. Substituted vide Sec. 10 for the words "one hundred rupees" by Amdt. Act 1 of 2007.
(1) The Board may, of its own motion or on application made to it in this behalf by two or more persons interested in any trust,-
Provided that any scheme so settled, modified or substituted shall be in accordance with the law governing the trust and shall not be contrary to the wishes of the founder so far as such wishes can be ascertained,
1[and it may contain provisions for:-
(1) Where there is a vacancy in the office of trustee of a religious trust and there is no one competent to be appointed as trustee under the terms of the deed of such trust or where there is a bona fide dispute as to the right of any person to act as trustee and in the opinion of the Board there is likelihood of a breach of the peace or serious interference with the management of the property of such trust, 1[or where there is a vacancy caused by the order of the Board passed under clause (h) of sub-section (2) of Section 28 of this Act] the Board may subject to any order of a competent Court appoint any person to act as trustee of the said trust for such period 1[not exceeding one year] and upon such conditions as it thinks fit.
(2) In appointing a person as trustee under sub-section (1), the Board shall if possible select a person of the Section to which the last trustee belonged.
2[(3) During the period of one year if the dispute over the bona fide trustee is not
1[Registration of religious trust and maintenance of registers
(1) 2[AII religious trusts shall be registered with the Board and] the Board shall prepare and maintain in such form as it thinks fit a register of all religious trusts in the State.
(2) Entries in the register may be made by the Board of its own motion or on application made by Hindu after such inquiry as the Board thinks fit.
(3) Any Hindu may, on payment of such fee as may be fixed by the Board, inspect the register.
1. "Heading of Section 34" subs. vide Sec. 13 of ibid.
2. Words "All religious trusts shall be registered with the Board and" ins. by ibid.
(1) The Board may grant copies of its proceedings and record and any other documents in its possession on payment of such fees and subject to such conditions as may, from time to time, be determined by the Board.
(2) Such copies may be certified in the manner provided in Section 76 of the Indian Evidence Act, 1872 (1 of 1872)
(1) Where a trustee refuses to pay or fails to pay any land revenue, cess, rent, rates or taxes due to the Government or to a local authority from a religious trust, the Board may itself defray the charges from the Trust Fund and may recover the amount so paid from the property of the trust concerned and, if the refusal or failure of the trustee was in the opinion of the Board willful, the Board may also recover from the personal property of the trustee responsible for such refusal or failure damages at the rate of twelve and a half per centum of the amount so paid:
Provided that a trustee aggrieved by a decision of the Board to recover damages under this sub-section may apply to the District Judge to have the order set aside or modified, and the order of the District Judge on such application shall be final.
(2) The procedure provided in sub-section (4) of Section 70 shall apply to the recovery by the Board of any sum which the Board is empowered by sub-section (1) t
(1) The Board may, with the previous sanction of the State Government, borrow, for the purpose of giving effect to the provision of this Act such sum of money and on such terms as the State Government may determine.
If any necessity arises for immediate action by the Board and a meeting of the Board cannot be arranged in time to take such action, the President may exercise any power that could be exercised under this Act by the Board, but shall at the next meeting of the Board make a report in writing of the action taken by him under this Section, and the reasons for taking such action, for confirmation of the action taken. 1[and no such action of the President, if it is approved by the Board in the next meeting, shall be void merely on the ground that the President had no such power on behalf of the Board.]
1. These words added in Section 38 vide Sec. 14 of Amdt. Act 1 of 2007.
The Board may delegate any of its powers and duties under this Act to the President to be exercised and performed in such special circumstances as the Board may specify, and may likewise withdraw any such delegation.
(1) The Board may establish a Regional Trust Committee for such area as it considers necessary.
(2) Every such committee shall consist of such number of members appointed by the Board as the Board may, from time to time determine; 1[xxx]
(3) All the members of every such committee shall be Hindu and shall ordinarily be residents of the area for which such committee is established:
Provided that no person shall be eligible for appointment as a member of such committee if he is subject to any of the disqualifications referred to in Section 9.
(4) The members of such committee shall elect one of their number as President. The quorum of the meeting to elect the President shall be at least one half of the total number of members of such committee.
(5)The Board shall appoint one of the members of each such committee to be the Secretary thereof.
(6) The members of such committee shall hold office for three years from the date of their appointment.
The manner in which the business of a Regional Trust Committee shall be conducted, the staff required for such committee, the condition of service of such staff, the travelling and other allowances to be paid to the members of such committee for attending meeting and undertaking journeys in connection with the affairs of the said committee shall subject to the approval of the State Government, be determined by the Board.
Every, Regional Trust Committee shall, subject to the control and direction of the Board, have the following powers and duties, namely:-
1(1) The State Government shall, by Notification in the Official Gazette, constitute a Tribunal for deciding property disputes under Section 43B and for taking decisions under Section-43C and removal of encroachment on the trust property under Sections 43D, 43E and 43F of the Act and restoration of immovable property alienated in violation of Section 44 of the Act and to appoint a receiver under Section 72.
(2) The Tribunal shall consist of a retired High Court Judge or a retired District Judge. The term of the Tribunal Judge shall be for a period of five years or till the age of 67 years whichever is earlier.
(3) Service conditions of the Tribunal Judge and other staff members shall be such as may be prescribed by the State Government.
(4) The Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), while trying a suit or executing a decree or order.
(5) No suit, prosecution or o
(1) Either the Board or with the permission of the Board, any religious trust or any two persons, interested in the affairs of a particular trust, may file an application with the Tribunal for the recovery of the alienated property or for the removal of encroachment or for the decision on the property disputes referred to it under any provision of the Act:
Provided that if the Board fails of take a decision on the permission within eight weeks from the receipt of the application, the permission will be deemed to have been granted.
(2) Upon the receipt of such application the Tribunal shall hold a summary enquiry in the manner prescribed and pass an appropriate order.
(3) The execution of any order of the Tribunal shall be made through the District Administration which shall comply with the order of the Tribunal.
(4) Any party aggrieved by an order of the Tribunal made under this Act may, within ninety days from the date of the order, file an appeal befor
The Tribunal shall decide the following property disputes-
Explanations.- (a) If any Mahanth, Shebait, priest or trustee claims a particular property to be his personal property, the onus will be on him to prove as to how he acquired the property and whether he intimated the concerned authorities after acquiring such property.
(b) All immovable properties of any Pauranic Mandiror Math which has been regarded sacred for Centuries or of a gaddi (seat) of a particular sect which has been in existence for generations will be the property of that pauranic mandir/math or of that sect, even when mutated in the name of any trustee unless it is proved that he acquired it through disclosed source of his personal incom
The Tribunal, on receipt of any application from the Board, may examine records of any case and take appropriate decision on any legal aspect of the religious trust in accordance with the procedure prescribed.
(1) Any trustee or any two persons interested in the religious affairs of the trust with the permission of the Board may file an application with the Tribunal for removal of the encroachment on the trust property.
Explanation.-For the purpose of this Section, the expression "encroacher" shall mean any person who unauthorisedly occupies any land, building, shop, tank and well or any other property and to include-
(2) Where, on receipt of any application under sub-section (1), the Tribunal finds that there is a prima facie case of encroachment, it shall cause to be served upon the encroacher a notice specif
(1) Where within the period specified in the order under sub-section (4) of Section 72, the encroacher has not removed the encroachment and has not vacated the property, the Tribunal shall pass an order for the removal of the encroachment and possession of the property encroached upon. The order of the Tribunal shall be implemented by taking such police assistance as may be necessary. Any police officer whose help is required for this purpose shall render necessary help to the Tribunal.
(2) Nothing in sub-section (1) shall prevent any person aggrieved by the order of the Tribunal under sub-section (4) of Section 72 from instituting a suit in a Court to establish that the religious institution or endowment has title to the property:
Provided that no Civil Court shall take cognizance of any suit instituted after six months from the date of receipt of the order under sub-section (4) of Section 72:
Provided that no such suit shall be instituted by a person who is l
(1) Where it has been reported to the Tribunal or it has reason to believe that a group or groups of persons, without any entitlement and with the common object of occupying any land, which is the property belonging to a charitable or religious institution or endowment, are occupying or have occupied any such land and if such group or groups of persons have not vacated the land on demand by the Tribunal or any officer authorised by it in this behalf, the Tribunal shall, notwithstanding anything contained in this Act, order without any notice, the immediate eviction of the encroachers from the land and the taking of possession of the land and thereupon, it shall be lawful for any officer authorised by the Tribunal in this behalf to evict the encroachers from the land by force, taking such police assistance as may be necessary and take possession of the land. Any police officer whose help is required for this purpose shall be bound to render the necessary help to the Tribunal or to s
(1) No transfer made by a trustee of any immovable property of a religious trust by way of sale, mortgage, gift or exchange or by way of lease for a term exceeding three years shall after the Board has been established under this Act, be valid unless made with the previous sanction of the Board.
(2) Subject to the provisions regarding conversion of trust property in clause (j) of sub-section (2) of Section 38, no transfer of any immovable property of religious trust by way of sale, mortgage, gift or exchange or by way of lease, shall be sanctioned by the Board against the terms of the deed or instrument creating the trust, or in case where no deed or instrument creating the trust is available, against the wishes of the founder so far as they can be ascertained.
1All immovable properties, alienated after coming into force of the Act, in contravention of Section 44 shall be restored to the religious trust by the Tribunal in accordance with the procedure prescribed.]
1. "Section 44A" ins. vide Sec. 17 by Amendment Act 1 of 2007.
No trustee shall, after the date on which this Act is first published in the Official Gazette borrow any money for any of the purposes of the religious trust of which he is a trustee without the previous sanction of the Board.
Where a charge exist on any property for the performance of any religious, pious or charitable act recognized as such by Hindu Law and there is failure to perform such act, the Board may apply to the District Judge for an order directing the person in possession of the property to pay the Board the amount necessary for the performance by the Board, or any person appointed by the Board in this behalf, of the act for the performance of which the charge was created.
Where the trustee of a religious trust wilfully fails to discharge any of the duties imposed upon him under such religious trust, the Board or any person interested in such religious trust may make an application to the District Judge for an order
(1) The Board, or with the previous sanction of the Board, any person interested in a religious trust may make an application to the District Judge for an order-
(1) Where on the application of the Board or, with the previous sanction of the Board, of any person interested in a religious trust, the District Judge is satisfied that any object of the trust to which the application relates is vague or uncertain he may direct that the funds, property or income of the trust or so much of such funds, property or income as relates to such object shall be utilised for the purpose of imparting education to poor Hindus.
(2) The funds, property or income to be utilised for the purpose of imparting education to poor Hindus under the provisions of sub-section(1) shall be applied to the object by the trustee concerned subject to the directions of the Board.
(1) In every suit or proceeding (except in suits instituted by a trustee for the recovery of arrears of rent and proceedings in execution of decrees passed in such suits) in respect of any religious trust or property belonging to such trust, whether instituted by a trustee or by any other person, the court shall issue a notice of the institution thereof to the Board.
(2) The Board may apply to the Court in which the suit or proceeding referred to in sub-section (1) is pending to be added, and shall thereupon be added as a party thereto, and shall be entitled to conduct such suit or proceeding, if instituted by the trustee, or to defend such suit or proceeding, if instituted by any other person against the trustee.
(3) If the notice required by sub-section(1) to be issued to the Board in respect of any suit or proceeding is not issued, the decree or order passed in such suit or proceeding shall be avoidable at the instance of the Board.
No arrangement, compromise or adjustment in any suit or proceeding (except in suits instituted by a trustee for the recovery of arrears of rent and proceedings in execution of decrees passed in such suits) in respect of any religious trust or property belonging to such trust shall be recorded under the provision of Rule 3 of Order XXIII of the Code of Civil Procedure, 1908 (5 of 1908), without the consent in writing of the Board.
1[Provided that subject to the provision of Section 44 of the Act a religious trust will have the power to bring the existing rent at par with the prevailing rate of rent in the locality and the whole amount of the rent will be deposited in the bank/ post office account of the religious trust. Any party aggrieved with the decision of the religious trust or any two persons interested in the affairs of the religious trust may file an appeal before the sub-divisional Magistrate of that area whose decision shall be final.]
1. "Provisio" ins. vide
(1) in the course of a proceeding under the Land Acquisition Act, 1894 (1 of 1894), the Collector shall before making an award in respect of a property belonging to a religious trust issue a notice to the Board and shall stay further proceedings to enable it to plead as a party to the proceeding at any time within three months from the date of the receipt of the notice.
(2) Where the Board has reason to believe that any property under acquistion is a property belonging to a religious trust, it may at any time before the award is made appear and plead as party to the proceeding.
(3) When the Board has appeared under the provisions of sub-section (2) no order shall be passed under Section 31 or Section 32 of the Land Acquisition Act, 1894 (1 of 1894), without giving opportunity to the Board to be heard.
(4) Any order passed under Section 31 or Section 32 of the Land Acquisition Act, 1894 (1 of 1894) without giving opportunity to the Board to be heard, shall be av
(1) Whenever any property belonging to a religious trust is notified for sale in execution of a decree of a Civil Court or under the order of a Certificate Officer in execution of a certificate filed under Section 4 or Section 6 of the Bihar and Orissa Public Demands Recovery Act, 1914 (B & O Act 4 of 1914), or in pursuance of a decree or order of a Collector or other revenue officer, such Court, Certificate Officer, Collector, or other officer shall give a notice thereof to the Board also.
(2) If the notice required by sub-section (1) to be given, to the Board in respect of any sale is not given, the sale shall be 1[void.
1. Subs. vide Sec. 19 for the words "voidable at the instance of the Board" by ibid.
(1) When any application or reference is required or authorised by or under any of the provisions of this Act to be made to the District Judge, such application or reference shall be made to the District Judge of the district in which the whole or any part of the subject-matter of the religious trust concerned is situated.
(2) When any such application or reference is pending before the District Judge of one district, no such application or reference in respect of the whole or part of the subject matter of such trust shall lie before the District Judge of any other district.
(1) Unless otherwise provided in this Act, an appeal shall lie to the High Court against every order passed by the District Judge under this Act.
(2) No appeal shall lie from any order passed in appeal under this Section.
For the purposes of inquiries under this Act the Board and if specially authorised by the Board, in this behalf, the President, the Superintendent, a Committee and a Regional Trust Committee shall have the same power to summon and enforce the attendance of witnesses and parties and to compel production of documents as a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908).
Every order of the Board passed under clause (h) of sub-section (2) of Section 28, 1[sub-section (4) of Section 29] 2[sub-sections (1) and (2) of Section 32] sub-section (1) of Section 33] shall be enforceable by any Civil" Court having local jurisdiction in the came manner as a decree of such court.
1. Subs. by Sec. 5 of Bihar Act 16 of 1951, for "or under Section 33".
2. Ins. vide Sec. 20 by Amdt. Act. 1 of 2007.
Every trustee shall carry out all directions, which may from time to time be issued to him by the Board under any of the provisions of this Act. 1["and shall ensure complete transparency in the affairs of the trust by correctly and meticulously maintaining all accounts of income and expenditure.]
1. Certain words added vide Sec. 21 at the end of Section 58 by Act 27 of 1958.
(1) (a) Within six months from the date of the publication in the Official Gazette of the name of the President and members of the first Board, the trustee of every religious trust existing on the said date shall furnish to the Board a statement in the prescribed form containing the prescribed particulars in respect of the trust of which he is the trustee.
(b) In the case of a religious trust created after the date of the said publication, such statement shall be furnished to the Board by the trustee of such trust within six months from the date on which the trust is created:
1[Provided that the State Government may, from time to time, extend by notification, the period mentioned in clauses (a) and (b).]
(2) Every such statement shall be verified by the trustee in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908) for the verification of pleadings and shall be accompanied by a true copy of the deed or instrument creating the trust or where th
(1) The trustee of every religious trust shall, before the fifteenth day of January in each year prepare a budget of the estimated income and expenditure of such trust for the next succeeding financial year and shall forthwith send a copy thereof to the Board:
Provided that the Board may, subject to such conditions as it may deem fit to impose from time to time, exempt the trustees of a religious trust having an income of less than five hundred rupees form the obligation of sending a copy of the budget of such trust to the Board and may at any time withdraw such exemption:
Provided further that such exemption shall not prevent the Board from calling for a copy of the budget of such trust for any financial year during which the exemption is in force.
(2) The Board may, within six weeks from the date on which it receives such copy, alter or modify the budget in such manner and to such extent as it thinks fit.
(3) If the Board alters or modifies any budget
In areas for which Regional Trust Committees have been established under the provisions of this Act, a copy of each of the statements referred to in Section 59 and of the budget referred to in Section 60 shall be furnished by the trustee to the Regional Trust Committee of the area in which the Head Office of the trust concerned is situated.
The trustee of every religious trust shall offer every reasonable facility for the inspection of the documents and the property of such trust and shall render every assistance in inquiries, when called upon to do so by the Board, to any Committee, the President, the Superintendent or any other person or officer appointed by the Board to make such inquiries.
(1) The accounts of every religious trust, other than a religious trust the trustee of which has been exempted from sending a copy of the budget under the first proviso to sub-section (1) of Section 60, shall be audited and examined annually by a qualified accountant appointed as auditor by the Board.
(2) The auditor may, by written notice, require the production before him of any document or the attendance before him of any person responsible for the preparation of the accounts to enable the auditor to obtain such information as he may consider necessary for the proper conduct of the audit.
(3) Within a month of the completion of the audit, the auditor shall prepare a report on the accounts audited and examined and shall submit a report to the Board and deliver a copy thereof to the trustee concerned:
Provided that the auditor may submit an interim report at anytime he thinks fit.
(4) The report of the auditor shall include a statement of-
(1) Every amount certified under sub-section (6) of Section 63 as due from any trustee shall, if not paid within ninety days next after the date of the certification thereof, be recoverable from him in the manner provided in sub-section (4) of Section 70.
(2) The Board shall pay all certified amounts received or recovered by it to the trustee of the religious trust concerned for being credited to the accounts of such trust.
(1) A trustee aggrieved by any order of surcharge or charge made against him under sub-section (6) of Section 63 may, within thirty days of such order, appeal to the prescribed authority which may, after making such inquiry as it considers proper, pass such order as it thinks fit.
(2) Notwithstanding anything to the contrary contained in sub-section (1) of Section 64, pending the disposal of such appeal, all proceedings on the certificate shall be stayed.
The accounts of the Board shall be subject to audit under the Bihar and Orissa Local Fund Audit Act, 1925 (B. & O. Act 2 of 1925) and for the purposes of the said Act, the Board shall be deemed to be a local authority whose accounts have been declared by the State Government to be subject to audit under Section 3 of the said Act and the Trust Fund shall be deemed to be a local fund.
(1) If a trustee fails without reasonable cause, the burden of proving which shall be upon him, to comply with any order or direction made or issued under clause (i), (o), (q) of sub-section (2) of Section 28 or under Section 58, to comply with the provisions of sub-section (1) of Section 59, sub-section (1) of Section 60, Section 61 or Section 62, or to furnish any statement, annual account, estimate, explanation or other document or information relating to the religious trust of which he is the trustee, which he required or called upon to furnish under any of the provisions of this Act, he shall be punishable with fine which may extend, in the case of the first offence to 1[two thousand rupees] and, in the case of the second or any subsequent offence, to 1[five thousand rupees] and, in default of payment of the fine, with simple imprisonment for a term which may extend to six months or one year as case may be.
(2) The fines realised under sub-section (1) shall be credited
(1) No prosecution for any offence under this chapter shall be commenced except upon a complaint made by the President or any person authorised in writing in this behalf by the President.
(2) No Court other than that of a Magistrate of the first class; shall try any such offence.
(3) Every such offence shall be bailable and shall, notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1[1898 (5 of 1898)] be compoundable by the President or by the person on whose complaint the prosecution was commenced.
1. Now New Cr. P.C. 1973.
1(1) There shall be formed a separate Trust Fund for each of the Bihar State Board of Religious Trust, the Bihar State Board of Swetambar Jain Religious Trusts and the Bihar State Board of Digambar Jain Religious Trusts to be respectively known as the Bihar State Board of Religious Trust Fund, and the Bihar State Board of Swetambar Jain Religious Trust Fund, the Bihar State Board of Digambar Jain Religious Trust Fund, and there shall be placed to the credit of-
(1) For the purpose of defraying the expenses incurred or to be incurred in the administration of this Act, the trustee of every religious trust shall, in each financial year pay to the Board such fee, not exceeding five per centum of its net income in the last preceding financial year as the Board may from time to time with the previous sanction of the State Government, determine.
Explanation.-In this sub-section, the expression 'net income' means the total income realised by the trustee from all sources after deducting any amount payable as revenue, rent, local or other cesses and cost of management 1[at twenty per cenum].
(2) (a) The fee referred to in sub-section (1) shall be assessed by the prescribed authority in the prescribed manner.
(b) A trustee, aggrieved by an order of assessment made by the prescribed authority under clause (a), may, within one month of the date of receipt of the said order appeal to such authority as may be prescribed and such aut
The Trust Fund shall be applicable to the following object, and in the following order.-
1[(1) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) (as amended from time to time), where a suit is instituted on behalf of the Board and the property, which is the subject matter of such suit, is in the possession of the defendant, the Tribunal shall, on the application of the plaintiff, appoint a receiver of such property and direct such receiver to pay to the plaintiff, from time to time, such amounts out of the income of the property as the Tribunal may consider necessary for the prosecution of the suit.
(2) Notwithstanding anything contained in the Court Fees Act, 1870 (7 of 1870) (as amended by Bihar Amendment Act, 1995) the fee payable on plaint or memorandum of appeal in respect of a suit filed by the trustee or the Board for the restoration of any alienated immovable property shall be one hundred rupees.]
1. Substituted vide Sec. 26 by ibid.
Notwithstanding anything contained in any law or rule having the force of law, no fee shall be chargeable from the Board for inspection of any document, Register or Record relating to the property of a religious trust which may be in the custody of any Court, office or department of the State Government or any local authority:
Provided that such inspection shall be allowed only to the duly authorised agents and servants of the Board and of only such document, register or record which can ordinarily be inspected by a private party.
The trustee of a religious trust may apply by petition to the Board for the opinion, advice or direction of the Board on any question affecting the management or administration of the property of such trust and the Board shall give its opinion, advice or direction, as the case may be, thereon.
The President, the Superintendent, every auditor appointed under Section 63 and every member officer and servant of the Board authorised by the Board or by the President to do any act under this Act shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code (45 of 1860).
(1) No act of the Board or of a Committee shall be deemed to be invalid by reason of the existence of a vacancy in the Board or such Committee.
(2) Accidental omission to serve notice of meeting of the Board or of a Committee on any member of the Board or such Committee, as the case may be, shall not affect the validity of any such meeting and any decision taken at any such meeting by the Board or the Committee, as the case may be, shall not be deemed to be invalid by reason only of any such irregularity unless it can be shown that the said irregularity has affected the merits of the case.
(3) No act, order or direction of the Board shall be deemed to be invalid by reason of any irregularity in the constitution of the Board and no order or decision or direction of the Board or of the President shall be reversed or substantially varied, nor shall any proceeding heard by the Board or by the President be remanded, by the District Judge berfore whom, or any Court in which
Save as otherwise provided in this Act, no suit shall be brought in any Civil Court to set aside or modify any order made under this Act, and no suit shall lie against the Board, the President or any other member or the Superintendent for anything in good faith done or purporting to be done under this Act.
No suit shall be brought against the Board or the President or any other member or the Superintendent or any other officers or servants of the Board for anything done or purporting to be done under this Act, until the expiration of two months next after notice in writing has been delivered or left at the Office of the Board and also (if the suit is intended to be brought against the President or any other member or the Superintendent or any of the officers or servants of the Board), at the place of abode of the person against whom such suit is intended to be brought, stating the cause of action and the name and place of abode of the person who intends to bring the suit.
The provisions of this Act shall have effect notwithstanding anything contained in any other law or anything having the force of law; and anything in any such law or anything having the force of law which is inconsistent with any of the provisions of this Act, shall, to the extent of such inconsistency, be deemed to have been repealed.
1[(1) If in the opinion of the State Government, the Board persistently make default in the performance of the duties imposed on it by or under this Act or exceeds or abuses its powers, the State Government may, 2[after giving notice] specifying the reason for so doing declare the Board to be in default or to have exceeded or abused its powers, as the case may be; and
4[Provided that the Board cannot be kept in supersession for a period longer than the stipulated period under Section 81-A(c) i.e. 48 months from the date of the Gazette publication of the order.]
(2) The members of the Board who vacate office by reason of a declaration made under sub-section (1) shall not, unless the State Government otherwise dir
Where an order of super session has been passed under clause (b) of sub-section (1) of Section 80, the following consequences shall ensue, namely:-
1. Subs. vide Sec. 29 by Amdt. Act 1 of 2007.
2. "Clause (b)" deleted vide Sec. 30 of ibid.
1[Where an injunction has been issued by a competent Court restraining the Board from discharging its functions or where the constitution of the Board has been declared illegal by such Court the State Government may appoint in this behalf;
Provided that when the State Government have already appointed a person or persons to exercise the powers and perform the duties of the Board or the President during the continuance of an injunction, such person or persons shall continue to do so till the first meeting of a validly reconstituted Board;
(1) The State Government may, after previous publication, make Rules, not inconsistent with this Act, for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, the State Government may make Rules with respect to all or any of the following maters:-
(1) The Board may make bye-laws not inconsistent with this Act and the Rules made there under for any matter necessary for carrying into effect the objects of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, the Board may make bye-laws with respect to-
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