Amendment of Section 44

In this Act unless the context otherwise requires—

1. (a) “Administrator” means the Administrator appointed under section 15;
2. (b) “Board” means the Orissa Hindu Religious Endowment Board established under section 4;
3. (c) “Collector” includes any Deputy Collector who is specially empowered by the State Government to discharge any of the functions of a Collector; and any Deputy Collector to whom the Collector may, by general or special order, transfer any of his functions under this Act;
4. (d) “Committee” means an Area Committee established under section 5;
5. (e) “Endowment Fund” means the Orissa Hindu Religious Endowments Administration Fund established under section 67;
6. (f) “Hereditary Trustee” means the trustee of a religious institution succession to whose office devolves by hereditary right or by nomination by the trustee for the time being in office or is regulated by custom or is specifically provided for by the founder, so long as such scheme of succession is in force;
7. (g) “Listed Institution” means a religious institution which has been included in the list of religious institutions prepared by the Board or by the Commissioner appointed under the Orissa Hindu Religious Endowments Act, 1951;
8. (h) “Math” means an institution for the promotion of the Hindu religion presided over by a person whose duty is to engage himself in spiritual service or who exercises or claims spiritual headship over a body of disciples and succession to whose office devolves in accordance with the directions of the founder of the institution or is regulated by custom and includes places of religious worship other than a temple and also places of instruction or places for maintenance of Vidyarthies or places for rendering charitable or religious services in general which are or may be appurtenant to such institution;
   • (i) “Non-hereditary Trustee” means a trustee who is not a hereditary trustee;
9. (j) “Person having interest” means—
10. (a) in the case of a math, the founder of the math or any descendant of such founder or a disciple of the math or a person belonging to the denomination, sect or sampradaya to which the math belongs;
11. (b) in the case of a temple, the founder of the temple or any descendant of such founder or a person who is entitled to attend or is in the habit of attending the performance of worship or service in the temple or who is entitled to partake or is in the habit of partaking in the benefit of the distribution of gifts and offerings thereat; and
12. (c) in the case of a specific endowment, a person who is entitled to attend or is in the habit of attending the performance of the specific service or charity for which the specific endowment has been created or who is entitled to partake or is in the habit of partaking in the benefit of such service or charity, and includes the trustee of a math or temple;
13. (k) “prescribed” means prescribed by rules made by the State Government under this Act;
14. (l) “Religious Endowment” or “Endowment” means all property belonging to or given or endowed for the support of maths or temples or given or endowed for the performance of any service or charity connected therewith or of any other religious charity and includes the institution concerned and the premises thereof and also all properties used for the purposes or benefit of the institution and includes all properties acquired from the income of the endowed property: Provided that gifts of immovable properties made as personal gifts to the hereditary trustee of a math or temple or the archaka, sevaka, service-holder or other employee of a religious institution shall not be so included, if the donee has been possessing and enjoying the same with a separate and distinct identity all along; Explanation I—Any jagir or inam granted to an archaka, service-holder or other employee of a religious institution for the performance of any service or charity in or connected with a religious institution shall not be deemed to be a personal gift to the said archaka, service-holder or employee but shall be deemed to be a religious endowment. Explanation II—All property which belonged to or was given or endowed for the support of a religious institution, or for the performance of any service or charity of a public nature connected therewith or of any other religious charity shall be deemed to be a “religious endowment” or “endowment” within the meaning of the definition, notwithstanding that, before or after the commencement of this Act, the religious institution has ceased to exist or ceased to be used as a place of religious worship or instruction, or the service or charity has ceased to be performed: Provided that this Explanation shall not be deemed to apply in respect of any property which has vested in any person before the commencement of this Act by the operation of the law of limitation; Explanation III—Where an endowment has been made or any property has been given for the support of an institution which is partly of a religious and partly of a secular character or where an endowment made or property given is appropriated partly to religious and partly to secular uses, such endowment or property or the income therefrom shall be deemed to be a religious endowment and its administrations shall be governed by the provisions of this Act;
15. (m) “religious institution” means a math, a temple and endowments attached thereto or a specific endowment and includes an institution under the direct control of the State Government;
16. (n) “rules” means rules made by the State Government under this Act;
17. (o) “specific endowment” means any property or money endowed—
18. (a) for the performance of any specific service or charity in a Math or temple; or
19. (b) for the performance of any other religious charity; but does not include any jagir or inam of the nature, described in Explanation I to clause (l);
20. (p) “temple” means a place, by whatever designation known used as a place of public religious worship and dedicated to, or for the benefit of, or used as of right by, the Hindu community, or any class or section thereof, as a place of public religious worship and also includes any cultural institution or Mandap or library connected with such a place of public religious worship;
21. (q) “Tribunal” means the Religious Endowment Tribunal mentioned in section 20;
22. (r) “trustee” means a person by whatever designation known, in whom the administration of a religious institution and endowment is vested, and includes any person or body which is liable as if such person or body were a trustee; “year” means the financial year.