Power to suspend, remove or dismiss trustees

The Odisha Hindu Religious Endowments (Amendment) Act, 2018

Civil201889 sections

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Statutory text

(1) The Board, in the case of a hereditary trustee, and the Administrator, in the case of a non-hereditary trustee, may suspend, remove or dismiss the trustee of any religious institution, not being a math--
- (a) for persistent default in the submission of budgets, accounts, reports or returns or in payment of contribution or other dues payable to Government;
- (b) for wilful disobedience of any order issued under the provisions of this Act by the Board or the Administrator;
- (c) for any malfeasance, misfeasance, breach of trust or neglect of duty in respect of the trust or alienation of the trust property in contravention of this Act or the Orissa Hindu Religious Endowments Act, 1951;
- (d) for any misappropriation of, or improper dealing with, the properties of the institution of which he is a trustee;
- (e) for unsoundness of mind or other mental or physical defect or infirmity which renders him unfit for discharging the functions of a trustee: Provided that no non-hereditary trustee shall be removed or dismissed by the Administrator without the approval of the Board.
(2) When it is proposed to take action under sub-section (1), the Board or the Administrator, as the case may be, shall frame charges against the trustee concerned and give him an opportunity of meeting such charge, of testing the evidence adduced against him and of adducing evidence in his favour; and the order of suspension, removal or dismissal shall state the charges framed against the trustee, and the finding on each charge with the reasons therefor.
(3) Pending the disposal of the charges framed against the trustee, the Board or the Administrator, as the case may be, may place the trustee under suspension and appoint a fit person to discharge the functions of the trustee.
(4) A non-hereditary trustee, who is suspended, removed or dismissed by the Administrator under sub-section (1), may within one month from the date of the receipt of the order of suspension, removal or dismissal, prefer an appeal before the Tribunal.
(5) A hereditary trustee who is suspended, removed or dismissed by the Board under sub-section (1) may, within two months from the date of receipt of the order, prefer an appeal before the High Court.
(6) No appeal under sub-section (4) or sub-section (5) shall be entertained unless the person affected by the order complies with it and makes over charge of his office or unless such a condition is waived by the Tribunal or the High Court, as the case may be, in view of the exceptional nature of the case.
(7) A hereditary trustee so suspended, removed or dismissed may be allowed such maintenance as may be fixed by the Board considering the financial condition of the institution and the rules made in this behalf.
(8) Proceedings taken up by the Board under this section against any hereditary trustee shall be disposed of within a period of six months from the date of framing of charges, unless in any case the period is extended by the State Government, and the order of suspension, if any, pending the disposal of the proceedings shall, unless the proceedings are sooner disposed of, cease to have effect on the expiry of the the aforesaid period of six months or the extended period, as the case may be.

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