section 51
Power of Board to frame schemes
The Odisha Hindu Religious Endowments (Amendment) Act, 2018Civil201889 sections
Statutory text
- (1) Whenever there is reason to believe that in the interest of the proper administration of any religious institution a scheme may be settled for it, the Board shall proceed to frame a scheme in the manner hereinafter provided.
- (2) Before proceeding to frame a scheme in respect of any religious institution the Board shall consult in the prescribed manner the trustee of the institution and persons having interests therein and hold an enquiry in the prescribed manner and if after such consultation and enquiry the Board is satisfied that it is necessary or desirable to frame a scheme it shall, by order recording the reasons therefor, frame a scheme for the administration of the institution.
- (3) A scheme settled under sub-section (2) for a temple or its specific endowment may contain provision for—
- (a) fixing the number of non-hereditary trustees;
- (b) removing any existing trustee, whether hereditary or non-hereditary, anything in section 39 to the contrary notwithstanding: Provided that where provision is made in the scheme for the removal of hereditary trustee, provision shall also be made therein for the appointment as trustee of the person next in the line of succession who is qualified;
- (c) appointing a new trustee or trustees in addition to or in the place of, any existing trustee or trustees;
- (d) defining the powers and duties of the trustee or trustees;
- (e) the appointment of an Executive Officer, who shall be a person professing the religion to which the temple belongs on such salary as may be fixed to be paid out of the funds of the institution; and defining the powers and duties of such trustee or officer.
- (4) A scheme settled under sub-section (2) for a math may contain provision for—
- (a) the appointment of an Executive Officer, who shall be a person professing the Hindu religion, on such salary as may be fixed to be paid out of the funds of the math;
- (b) defining the powers and duties of the trustee or the Executive Officer;
- (c) associating one or more persons with the trustee or constituting a separate body for the purpose of participating or assisting in the whole or any part of the administration of the endowment of such math or of the specific endowment or for the purpose of advising the trustee: Provided that such person or persons or the members of such body shall be chosen from persons having interest in such math or endowment.
- (5) An Executive Officer appointed under this section may be removed from office by the Board on any of the grounds specified in sub-section (1) of section 39.
- (6) The Board may determine what the properties of the religious institution are and append to the scheme a schedule containing a list of such properties: Provided that the absence of such a schedule shall not invalidate the scheme: Provided further that such determination shall not affect the rights of persons who are in hostile possession of any of the said properties.
- (7) The Board may, pending the framing of a scheme for a temple or specific endowment appoint a fit person to discharge all or any of the functions of the trustee thereof and define his powers and duties.
- (8) All schemes framed under the Orissa Hindu Religious Endowments Act, 1951, which were in force immediately prior to the coming into force of this Act shall, for all purposes, be deemed to be schemes framed under this Act.
- (9) The Board may, at any time, after consulting the trustee and the persons having interest, by order, modify or cancel any scheme settled or deemed to be settled under this Act.
- (10) Every order of the Board settling, modifying or cancelling a scheme shall, subject to the provisions of section 53, be binding on the trustee, the Executive Officer and all persons having interest.
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