The Odisha Hindu Religious Endowments (Amendment) Act, 2018

The Odisha Hindu Religious Endowments (Amendment) Act, 2018

Civil201889 sections

This Act provides for the administration and protection of Hindu religious endowments and institutions in Odisha. The State Government can, after public notice, extend the Act to public charitable and religious endowments. It sets up the Commissioner of Endowments and provides for the management of maths, temples and their property. It has since been amended, including in 2018.

  1. 1. Short title and Commencement
  2. 2. Amendment of Section 42
  3. 3. Amendment of Section 44
  4. 4. Amendment of the Schedule
  5. 5. Effect of provisions of amendments
  6. 6. Provided further that a local area may, having regard to the number of religious institutions situate therein comprise of the whole of a district.
  7. 7. Term of the office
  8. 8. Disqualifications of members
  9. 9. Resignation of membership
  10. 10. Casual vacancy
  11. 11. Vacancy not to invalidate proceedings
  12. 12. Supersession and reconstitution of Board or Committee and removal of members
  13. 13. Conduct of business
  14. 14. Allowances payable to members
  15. 15. Administrator and Assistant Administrator
  16. 16. Employees of the Board and their conditions of service
  17. 17. Secretary of the Committee
  18. 18. General powers and functions of the Board
  19. 19. Powers and functions of the Committee
  20. 20. Religious Endowment Tribunal
  21. 21. Functions of the Tribunal
  22. 22. Preparation of a list of institutions and a register for each institution
  23. 23. Annual verification of the register
  24. 24. Saving of existing registers
  25. 25. Trustee bound to obey orders issued under the Act
  26. 26. Care required of trustee and his powers
  27. 27. Provided that the trustee may reimburse himself in respect of such costs, charges or expenses if he is specifically permitted to do so by an order passed under section 75.
  28. 28. Inspection of property and documents
  29. 29. Trustee to furnish list of properties
  30. 30. Alienation of immovable trust property
  31. 31. Restriction on registration of document
  32. 32. Recovery of immovable property unlawfully alienated
  33. 33. Removal of encroachment of endowment land
  34. 34. Authority of trustee to incur expenditure for securing the health, safety or convenience of pilgrims and worshippers
  35. 35. Power of trustee of math or temple over trustees of specific endowments
  36. 36. Enforcement of service or charity in certain cases
  37. 37. Resumption and regrant of inam granted for the performance of any charity or service connected with a math or temple in case of alienation of the inam or of failure to perform the charity or service
  38. 38. Non-hereditary trustees, their number and appointment
  39. 39. Power to suspend, remove or dismiss trustees
  40. 40. Disqualification of trustee
  41. 41. Filling up vacancies in the office of hereditary trustee
  42. 42. Provided that such court shall have no power to stay the operation of the order of the Board pending the disposal of the suit or other proceedings arising in relation thereto.
  43. 43. Punishment of office-holders and servants of religious institutions
  44. 44. Office-holders and servants of temples not to be in possession of jewels or other valuable articles except under certain conditions
  45. 45. Fixing of standard scales of expenditure
  46. 46. Disqualification and removal of hereditary trustees
  47. 47. Provided that in case of temporary disqualifications the appointment shall be until such period when the disqualification ceases.
  48. 48. Provided that such court shall have no power to stay the operation of the order of the Board pending disposal of the suit or other proceeding arising in relation thereto.
  49. 49. Appointment of successors by hereditary trustees
  50. 50. Provided that in the absence of any such direction as aforesaid the Board shall, in making the appointment have due regard to the claims of persons referred to in sub-section (4).
  51. 51. Power of Board to frame schemes
  52. 52. Cypres application of funds
  53. 53. Appeal
  54. 54. Appointment of Executive Officer
  55. 55. Term of office and duties of Executive Officer
  56. 56. Removal of Executive Officer
  57. 57. Fixing of standard scale of expenditure
  58. 58. Delegation of powers in relation to institutions under direct control
  59. 59. Executive Officer deemed to be a trustee for certain purposes
  60. 60. Advisory Council for any group of institutions under direct control
  61. 61. Budget of religious institutions
  62. 62. Accounts and audit
  63. 63. Authority to whom audit report is to be submitted
  64. 64. Contents of audit report
  65. 65. Rectification of defects disclosed in audit and order of surcharge against trustee
  66. 66. Application of the provisions of this Chapter
  67. 67. Endowment Fund
  68. 68. Recovery of costs and expenses incurred on legal proceedings
  69. 69. Assessment and recovery of contribution and costs and expenses
  70. 70. Contribution not to be levied for more than three years immediately preceding the year in which notice of assessment is issued
  71. 71. Common Good Fund
  72. 72. Provided that any amount contributed for any specific purpose shall be utilised only for the purpose.
  73. 73. Public officers to furnish copies of or extracts from certain documents
  74. 74. Putting trustee or Executive Officer in possession
  75. 75. Notice by court and cost of proceedings
  76. 76. Penalty for refusal by trustee, etc., to comply with provisions of this Act
  77. 77. Court fees
  78. 78. Granting of copies
  79. 79. Delegation of powers by the Board
  80. 80. Power of Government to cause inspection and issue directions
  81. 81. Saving of usages
  82. 82. Act not to affect rights under clauses (a) to (c) of Article 26 of the Constitution
  83. 83. Bar of suits in respect of administration of religious institution
  84. 84. Procedure at inquiries and appeals
  85. 85. Notifications, orders, etc., under Act not to be questioned in Court of Law
  86. 86. Power to make rules
  87. 87. Repeal and savings
  88. 88. Transitory provisions
  89. I. Court-fees payable for documents

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