Vidhi Codex

section 41

Filling up vacancies in the office of hereditary trustee

The Odisha Hindu Religious Endowments (Amendment) Act, 2018
Civil201889 sections
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Statutory text
  1. (1) When a permanent vacancy occurs in the office of the hereditary trustee of such religious institution, the next in the line of succession shall be entitled to succeed to the office.
  2. (2) When a temporary vacancy occurs in such an office by reason of the suspension of the hereditary trustee under sub-section (1) of section 39 or by reason of his ceasing to hold office under the provisions of section 40, the next in the line of succession shall be appointed by the Board to discharge the functions of the trustee until his disability ceases.
  3. (3) When a permanent or temporary vacancy occurs in such an office and there is a dispute respecting the right of succession to the office, or when such vacancy cannot be filled up immediately or when a hereditary trustee is a minor and has no legally appointed guardian fit and willing to act as such or there is a dispute respecting the person who is entitled to act as such guardian, the Board may appoint a fit person to discharge the functions of the trustee of the institution until the disability of the hereditary trustee ceases or another hereditary trustee succeeds to the office or for such shorter term as the Board may direct and any such interim trustee may be removed by the Board on any of the grounds specified in sub-section (1) of section 39. Explanation I--In making any appointment under this sub-section the Board shall have due regard to the claims of members of the family, if any, entitled to the succession. Explanation II--For the purposes of this sub-section the legally appointed guardian shall, if he also happens to be the trustee referred to in sub-section (2), be deemed to be a person unfit to act as such guardian.
  4. (4) Nothing in this section shall affect the right of any person aggrieved by an order of the Board passed under sub-section (3) to establish the right to hold office of the hereditary trustee in a court of law :

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