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. Short title and Commencement
- 2. Amendment of Section 42
- 3. Amendment of Section 44
- 4. Amendment of the Schedule
- 5. Effect of provisions of amendments
- 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. Term of the office
- 8. Disqualifications of members
- 9. Resignation of membership
- 10. Casual vacancy
- 11. Vacancy not to invalidate proceedings
- 12. Supersession and reconstitution of Board or Committee and removal of members
- 13. Conduct of business
- 14. Allowances payable to members
- 15. Administrator and Assistant Administrator
- 16. Employees of the Board and their conditions of service
- 17. Secretary of the Committee
- 18. General powers and functions of the Board
- 19. Powers and functions of the Committee
- 20. Religious Endowment Tribunal
- 21. Functions of the Tribunal
- 22. Preparation of a list of institutions and a register for each institution
- 23. Annual verification of the register
- 24. Saving of existing registers
- 25. Trustee bound to obey orders issued under the Act
- 26. Care required of trustee and his powers
- 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. Inspection of property and documents
- 29. Trustee to furnish list of properties
- 30. Alienation of immovable trust property
- 31. Restriction on registration of document
- 32. Recovery of immovable property unlawfully alienated
- 33. Removal of encroachment of endowment land
- 34. Authority of trustee to incur expenditure for securing the health, safety or convenience of pilgrims and worshippers
- 35. Power of trustee of math or temple over trustees of specific endowments
- 36. Enforcement of service or charity in certain cases
- 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. Non-hereditary trustees, their number and appointment
- 39. Power to suspend, remove or dismiss trustees
- 40. Disqualification of trustee
- 41. Filling up vacancies in the office of hereditary trustee
- 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. Punishment of office-holders and servants of religious institutions
- 44. Office-holders and servants of temples not to be in possession of jewels or other valuable articles except under certain conditions
- 45. Fixing of standard scales of expenditure
- 46. Disqualification and removal of hereditary trustees
- 47. Provided that in case of temporary disqualifications the appointment shall be until such period when the disqualification ceases.
- 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. Appointment of successors by hereditary trustees
- 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. Power of Board to frame schemes
- 52. Cypres application of funds
- 53. Appeal
- 54. Appointment of Executive Officer
- 55. Term of office and duties of Executive Officer
- 56. Removal of Executive Officer
- 57. Fixing of standard scale of expenditure
- 58. Delegation of powers in relation to institutions under direct control
- 59. Executive Officer deemed to be a trustee for certain purposes
- 60. Advisory Council for any group of institutions under direct control
- 61. Budget of religious institutions
- 62. Accounts and audit
- 63. Authority to whom audit report is to be submitted
- 64. Contents of audit report
- 65. Rectification of defects disclosed in audit and order of surcharge against trustee
- 66. Application of the provisions of this Chapter
- 67. Endowment Fund
- 68. Recovery of costs and expenses incurred on legal proceedings
- 69. Assessment and recovery of contribution and costs and expenses
- 70. Contribution not to be levied for more than three years immediately preceding the year in which notice of assessment is issued
- 71. Common Good Fund
- 72. Provided that any amount contributed for any specific purpose shall be utilised only for the purpose.
- 73. Public officers to furnish copies of or extracts from certain documents
- 74. Putting trustee or Executive Officer in possession
- 75. Notice by court and cost of proceedings
- 76. Penalty for refusal by trustee, etc., to comply with provisions of this Act
- 77. Court fees
- 78. Granting of copies
- 79. Delegation of powers by the Board
- 80. Power of Government to cause inspection and issue directions
- 81. Saving of usages
- 82. Act not to affect rights under clauses (a) to (c) of Article 26 of the Constitution
- 83. Bar of suits in respect of administration of religious institution
- 84. Procedure at inquiries and appeals
- 85. Notifications, orders, etc., under Act not to be questioned in Court of Law
- 86. Power to make rules
- 87. Repeal and savings
- 88. Transitory provisions
- I. Court-fees payable for documents
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