Constitution of Tribunals and declaration of trust to be religious or charitable trust of a public nature

A. Constitution of Tribunals and declaration of trust to be religious or charitable trust of a public nature -

1. (1) The Government may, by notification in the Official Gazette, constitute one or more Tribunals having such local jurisdiction as may be specified in such notification for the purpose of sub-clause
   • (e) of clause
2. (24) of section 2.
3. (2) The Tribunal shall consist of one member to be appointed by the Government from among the officers of the State Judicial Service not below the rank of a subordinate judge.
4. (3) Any trustee or trustees desiring to get any trust declared to be a religious or charitable trust of a public nature under sub-clause
   • (e) of clause
5. (24) of section 2 may make an application to the Tribunal in such form and containing such particulars as may be prescribed. Provided that no application under this sub-section shall be maintainable if, -
   • (a) it relates to a trust which has been created and established after the 26th day of September, 1970; or
   • (b) it is filed after the date of expiry of a period of six months from the date of commencement of the Orissa Land Reforms (Second Amendment) Act, 1976: Provided further that nothing in clause
   • (a) of the preceding proviso shall affect any declaration made prior to the date of commencement of the Orissa Land Reforms (Amendment) Act, 1976.
6. (4) On receipt of an application under sub-section (3), the Tribunal may after making such inquiry and in such manner as may be prescribed. by order, declare such trust to be a religious or charitable trust or refuse to make such declaration: Provided that no order refusing to make such declaration shall be made without giving an opportunity to the trustee or trustees of being heard in the matter.
7. (5) The Tribunal shall, while holding an inquiry under this section, have all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:-
   • (a) summoning and enforcing the attendance of any person and examining him on oath;
   • (b) requiring the discovery and production of any document ;
   • (c) reception of evidence on affidavits ;
   • (d) requisitioning any public record from any court or office ;
   • (e) issuing commission for examination of witnesses.
8. (6) The Tribunal shall have power to regulate its own procedure.
9. (7) The Tribunal shall, as far as may be practicable, dispose of an application made under this section within a period of six months from the date of receipt of such application.