Insertion of section 25A

Insertion of section 25A.- After section 25 of principal Act the following shall be inserted, namely:- "25A. Provision relating to institution managed by Hereditary Trustee.-

1. (1) No committee of management shall be constituted in respect of the notified institutions managed exclusively by hereditary trustees. The power of management shall vest in such hereditary trustee.
2. (2) If there is no legal heir to succeed the office of the hereditary trustee, the Rajya Dharmika Parishat or the Zilla Dharmika Parishat, as the case may be, shall constitute the committee of management as provided under section 25.
3. (3) When a temporary vacancy occurs in the office of a hereditary trustee and if there is a dispute with regard to right of succession to such office and such vacancy cannot be filled up immediately or when a successor is a minor and has no guardian fit and willing to act or there is a dispute regard to as to who is entitled to succeed such office, the Rajya Dharmika Parishat may appoint a fit person to discharge functions of the office of hereditary trustee until the disability ceases or another successor succeeds to such office: Provided that in making any appointment, the Rajya Dharmika Parishat shall have due regard to the claims of members of the said family, if any entitled to the succession. 25B. Power of the Deputy Commissioner to settle scheme for the administration of Charitable endowments and to decide certain other disputes.-
4. (1) When the Deputy Commissioner has reason to believe that in the interest of the proper administration of Charitable endowments or a endowment attached to any notified institution or declared institution, a scheme shall be settled for such endowment or when not less than five persons having interest make an application in writing stating that in the interest of the proper administration of the endowment, a scheme shall be settled for it, the Deputy Commissioner shall on consultation with the Trustee or the Committee of Management or the persons having interest and if, after such consultation he is satisfied that is it necessary or desirable to do so, he shall by order, settle a scheme of administration of such Charitable endowment or endowment.
5. (2) The scheme settled under this section for the administration of Charitable endowments may include certain provision for,-
   • (i) constitution of a body for the purpose of assisting in the administration of such Charitable endowments;
   • (ii) the method of selection of members for such committee from the persons having interest in such endowments;
   • (iii) defining the powers and duties of the committee;
6. (3) The Deputy Commissioner may determine the properties of the endowment and the list of such properties shall be appended to the scheme as a schedule.
7. (4) The Deputy Commissioner may at anytime after consulting trustees or committee by order modify or cancel any scheme in respect of an endowment which is in force and settled under sub-section
8. (1) or any scheme in force settled or modified by any courts or any earlier enactments: Provided that such cancellation or modification of a scheme in force settled or modified earlier shall be made only subject to such conditions and restrictions as may be imposed by the Deputy Commissioner.
9. (5) If the Deputy Commissioner is satisfied that any such scheme referred to in sub-section
10. (1) is inconsistent with the provisions of this Act and rules made thereunder he may, at anytime modify it in such a manner as may be necessary to bring it into conformity with the provisions of this Act and rules made there under.
11. (6) Whenever any question arises as to,-
    • (i) whether a particular property is the property of a notified institutions or declared institution under the Act; or
    • (ii) whether any property or money is either a religious endowment or specific endowment; or
    • (iii) whether any Archak or temple servant holds or held an office in any notified institution or declared institution on the basis of a hereditary right; or
    • (iv) whether any person is entitled by custom or otherwise to any honour, emolument or perquisite in any religious institution; and what is the existing usage of a notified or declared institution; or
    • (v) whether any institution or endowment is wholly or partly of a religious or of secular character and whether any property or money has been given wholly or partly for religious or secular purpose; or
    • (vi) where any property or money has been given for the support of an institution which is partly of a religious and partly of a secular character or the performance of any service or charity connected with such an institution or the performance of a charity which is partly of a religious and partly of a secular character or where any property or money given is appropriated partly to religious and partly to secular purposes, as to what portion of such property or money shall be allocated to religious purpose; or
    • (vii) to accord sanction of dittam and seva list in respect of notified institutions having gross annual income of rupees one lakh and above but below Rupees ten lakhs; or
    • (viii) any dispute between the servant of a notified institution and the committee of management.
      • • the Deputy Commissioner after hearing the parties concerned shall by order decide it.
12. (7) Any person aggrieved by any order passed by the Deputy Commissioner under any of the foregoing provisions, shall appeal within one month of the date of receipt of the order to the Commissioner.
13. (8) The Commissioner may after hearing the aggrieved person and other contending parties, pass appropriate order in accordance with law."