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

The Odisha Hindu Religious Endowments (Amendment) Act, 2018

Civil201889 sections

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Statutory text

(1) Any exchange, gift, sale or mortgage or lease of the whole or any portion of any inam or jagir granted for the support or maintenance of a religious institution or for the performance of a charity or service connected therewith or of any other religious charity made, confirmed or recognised by the State Government, shall be null and void.
(2) The Collector may, on his own motion, or on the application of the trustee of the religious institution or of the Board or of any person having interest in the institution who has obtained the consent of such trustee or the Board, by order, resume the whole or any part of any such inam or jagir on one or more of the following grounds, namely:--
- (i) that the trustee of the institution or the holder of such inam or jagir or portion thereof, as the case may be, has made an exchange, gift, sale, mortgage or lease of such inam or jagir or portion thereof; or
- (ii) that the religious institution has ceased to exist or the charity or service in question has in any way become impossible or incapable of performance; or
- (iii) that the holder of such inam or jagir or portion thereof has failed to perform or make the necessary arrangements for performing in accordance with the custom or usage, the charity or service for which the inam or jagir had been made, confirmed or recognised as aforesaid, or any part of the said charity or service, as the case may be; or
- (iv) that such service is no longer required, and while passing an order under this sub-section, the Collector shall determine whether such inam or jagir or the inam comprising such portion, as the case may be, is a grant of the interests of both the landlord and the ryot or only of the interest of the landlord: Provided that in the absence of evidence to the contrary, the Collector shall presume that any minor inam is a grant of both the landlord's interest and the ryot's interest.
(3) Before passing an order under sub-section (2) the Collector shall give notice to the trustee, to the Board, to the inamdar or jagirdar concerned or where only a portion of the inam or jagir is affected, to the holder of such portion as well as to holder or holders of the other portion or portions and to the alienee, if any, of the inam, or jagir, hear their objections, if any, and hold such inquiry as may be prescribed.
(4) A copy of every order passed under sub-section (2) shall be communicated to each of the persons mentioned in sub-section (3) and shall also be published in the manner prescribed.
(5) Any party aggrieved by an order of the Collector under sub-section (2) may prefer an appeal before the Tribunal within such time as may be prescribed and the Tribunal may, after holding such enquiry as may be prescribed, pass an order confirming, modifying or cancelling the order of the Collector.
(6) All orders passed by the Collector under sub-section (2) shall, subject to any order passed in an appeal, if any, under sub-section (5), be final.
(7) Any party aggrieved by an order passed under this section may institute a suit in the Civil Court for determining whether the concerned inam comprises the interests of both the landlord and the ryot or only the interest of the landlord, within one year from the date of the order of the Tribunal, or where no appeal has been preferred, within one year from the expiry of the period prescribed for filing of an appeal.
(8) Except as otherwise provided in sub-section (5) or sub-section (7), an order of resumption passed under this section shall not be liable to be questioned in any court of law.
(9) Where any inam or any portion thereof is resumed under this section, the Collector or the Tribunal, as the case may be, shall by order, regrant
- (i) as an endowment to the religious institution concerned; or
- (ii) in case of resumption on the ground that the religious institution has ceased to exist or that the charity or service in question has in any way become impossible or incapable of performance, as an endowment for appropriation to such religious, educational or charitable institution as the Board may recommend.
(10) The order of regrant made under sub-section (9), shall, on application made to the Collector within the time prescribed, be executed by him in the manner prescribed.

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