Appointment of successors by hereditary trustees

The Odisha Hindu Religious Endowments (Amendment) Act, 2018

Civil201889 sections

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Statutory text

(1) When the hereditary trustee of a math nominates his successor he shall give intimation in writing to the Board and all subsequent changes in the nomination shall also be intimated likewise within three months of the nomination.
(2) For the purpose of succession to the office of trustee of the math the last nomination so intimated shall be recognised by the Board.
(3) Where no such nomination is made in respect of any math during the life-time of the trustee thereof, the Board shall be competent to appoint an interim trustee in respect of the math until a duly appointed trustee takes over office and the interim trustee so appointed may be removed by the Board on any of the grounds specified in sub-section (1) of section 39.
(4) In making the appointment of an interim trustee under sub-section (3) the Board shall have due regard to the claims, of the disciples, if any, of the math and in the absence of any such disciple the Board shall take into consideration the claims of the disciples of any other math belonging to the denomination, sect or sampradaya to which the math wherein the vacancy has occurred belongs.
(5) Any person aggrieved by the order of the Board appointing an interim trustee under sub-section (3) may, within ninety days from the date of the order, institute a suit in a competent Civil Court to establish his right to the office of hereditary trustee of the math.
(6) The order made by the Board shall, subject to the decision in the suit, if any, instituted as aforesaid, be final.
(7) Notwithstanding anything contained in any other law for the time being in force where an interim trustee has been appointed under sub-section (3) and either—
- (a) no suit is instituted under sub-section (5) within the period specified therein; or
- (b) a suit having been so instituted has been dismissed, the Board shall, subject to the directions contained in the trust deed, if any, relating to the math, appoint a hereditary trustee for the math and the trustee so appointed shall be subject to the other provisions of this Act in the same manner as the trustee duly nominated by this predecessor:

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