section 74
Procedure at enquiries and appeals and service of notice :
The ODISHA HINDU RELIGIOUS ENDOWMENTS ACT, 1951(1) In relation to all proceedings before the Commissioner, the Deputy Commissioner or the Assistant Commissioner, the orders in pursuance of which are under the provisions of this Act appealable to the High Court, the Commissioner, the Deputy Commissioner or the Assistant Commissioner, as the case may be, shall have the powers vested in a Court under the Code of Civil Procedure, 1908 (V of 1908) when trying a suit in respect of the following matters : (a) discovery and inspection; (b) enforcing the attendance of witnesses and requiring the deposit of their expenses; (c) compelling the production of documents; (d) examining witnesses on oath ; (e) granting adjournments; (f) reception of evidence taken on affidavit; and (g) issuing commissions for the examination of witnesses; and may summon and examine suo motu any person whose evidence appears to him to be material; and shall be deemed to be a Civil Court within the meaning of Sections 480 and 482 of the Code of Criminal Procedure, 1898 (V of 1898). (2) The Commissioner, the Deputy Commissioner and the Assistant Commissioner shall, with respect to all such proceedings be deemed to be persons acting judicially within the meaning of the Judicial Officer’s Protection Act, 1850 (XVIII of 1850). (3) The Court hearing an appeal from the order of the Commissioner may direct further enquiry or modify or set aside such order as the Court may deem fit; and unless the appeal is summarily dismissed, the Commissioner shall be given an opportunity of being heard before the order passed by him is interfered with in any manner; provided that the operation of the order of the Commissioner shall not be stayed pending the disposal of the appeal. (4) The service of all processes and notices issued by the Assistant Commissioner, the Deputy Commissioner or Commissioner by or under any of the provisions of this Act shall be on requisition from the Assistant Commissioner, the Deputy Commissioner or Commissioner, as the case may be, effected by the Subdivisional Magistrate, having jurisdiction.
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