Putting trustee or Executive Officer in possession

The Odisha Hindu Religious Endowments (Amendment) Act, 2018

Civil201889 sections

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Statutory text

(1) Where a person has been appointed as trustee or Executive Officer of any religious institution or to discharge the functions of a trustee of any religious institution and such person is resisted in or prevented from obtaining possession of the religious institution or of the record, accounts and properties thereof, by a trustee, office-holder or servant of the religious institution who has been dismissed or suspended from his office or is otherwise not entitled to be in possession, or by any person claiming or deriving title from such trustee, office-holder or servant, other than a person claiming in good faith to be in possession on his own account or on account of some person not being such trustee, office-holder or servant, the Board shall, on application by the person so appointed, direct delivery of possession of the religious institution and its endowments or the records, accounts and properties thereof, as the case may be, to the applicant in the prescribed manner. Explanation—A person claiming under an alienation contrary to sub-section (1) of section 30 or section 37 shall not be regarded as a person claiming in good faith within the meaning of this section.
(2) Any person authorised by the Board or acting under its written instructions in the prescribed form, may, for the purpose of delivery of possession under sub-section (1), take or cause to be taken such steps and use or cause to be used such force as may in his opinion be reasonably necessary and may also enter upon any land or other property whatsoever and in the event of any apprehension of breach of peace in the course of such delivery of possession, the Superintendent of Police shall, on a requisition from the Board in the prescribed manner, provide such police aid as may be necessary for the purpose.
(3) The Board may also make a requisition to the Collector of the district in which the property of the religious institution is situate, in the prescribed form to deliver its possession to the trustee or Executive Officer, as the case may be.
(4) On receipt of a requisition under sub-section (3) the Collector shall serve a notice on the person reported to be in occupation or his agent to vacate the said property within such time as the Collector may specify in the said notice. If such notice is not obeyed, the Collector shall remove him or depute a subordinate officer to remove such person or agent. In the case of any resistance or obstruction the Collector shall hold a summary enquiry into the facts of the case and if satisfied that the resistance was without any just cause and that such resistance or obstruction still continues may issue a warrant for the arrest of the said person and on his appearance may send him with a warrant in such form as may be prescribed for imprisonment in the Civil Jail of the district for such period not exceeding thirtydays as may be necessary to prevent the continuance of such resistance or obstruction.
(5) No suit, prosecution or other legal proceedings shall lie against the Board or any person acting under its instruction or authorised by it for anything done in good faith under sub-sections (1) and (2).
(6) Every person authorised by the Board or acting under its instructions in pursuance of this section shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

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