EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 1742, CUTTACK, TUESDAY, SEPTEMBER 18, 2018/ BHADRA 27, 1940

SECRETARIAT

THE ODISHA LEGISLATIVE ASSEMBLY

NOTIFICATION

The 18th September, 2018

No.8820/L.A.— The following Bill which has been introduced in the Odisha

Legislative Assembly on the 17th September, 2018 is herewith published under Rule-68 of

the Rules of Procedure and Conduct of Business in the Odisha Legislative Assembly for

general information.

THE ODISHA HINDU RELIGIOUS ENDOWMENTS (AMENDMENT) BILL, 2018

BILL

FURTHER TO AMEND THE ODISHA HINDU RELIGIOUS ENDOWMENTS ACT, 1951.

BE it enacted by the Legislature of the State of Odisha in the Sixty-ninth Year of the

Republic of India as follows: ―

1. (1) This Act may be called the Odisha Hindu Religious Endowments

(Amendment) Act, 2018.

(2) It shall come into force on such date as the State Government may, by

notification, appoint.

2. In the Odisha Hindu Religious Endowments Act, 1951 (hereinafter referred

to as the principal Act), in section 42, —

Short title and

commencement

Odisha Act

2 of 1952.

Amendment of

section 42.

(a) in sub-section (1), the following proviso shall be added, namely:—

“Provided that the Assistant Commissioner or the Deputy Commissioner, as the

case may be, before making any order for framing of a scheme for the

administration of the Institution under clause (a) and clause (b) of this sub-section,

shall obtain prior approval of the State Government through the Commissioner.”;

(b) after sub-section (1), the following sub-sections shall be added, namely:―

“(1-a) On receipt of the proposal made under sub-section (1) from the Assistant

Commissioner or the Deputy Commissioner, as the case may be, for framing of a

scheme for administration of the religious institution, the Commissioner with his

suggestion, if any, shall submit the same to the State Government for its approval.

(1-b) The State Government may either accord the approval or reject or modify

the proposal for framing of such scheme as it may deem fit in the interest of the

concerned religious institution.”;

(i) for clause (a), the following clause shall be substituted, namely:—

“(a) fixing the number of non-hereditary trustees and

the manner of appointment of such trustees:

Provided that not less than fifty percentum of the trustees shall be

appointed by virtue of their office amongst the officers of the State

Government of the Sub-division in which the religious institution is situated

and in case of non-availability of required number of officials, it may extend to

the whole of the district.”;

(ii) in clause (c), the following proviso shall be added, namely:—

“Provided that no new trustee or trustees, in addition to or in place of

any existing trustee or trustees shall be appointed without consultation with

the Collector concerned.”; and

(iii) in clause (e), for the words and comma “ the appointment of the paid

Executive Officer,” the words and commas “subject to the prior consultation

with the Collector of the district concerned, the appointment of the paid

Executive Officer,” shall be substituted;

(d) in sub-section (3), in clause (a), for the words and comma “the appointment of a

paid Executive Officer,” the words and commas “subject to the prior consultation

with the Collector of the district concerned, the appointment of a paid Executive

Officer,” shall be substituted;

(e) in sub-section (5), for the words “appoint a fit person” the words “and appoint a fit

person in consultation with the Commissioner” shall be substituted;

(f) in sub-section (7), the commas, words and figure “,subject to the provision of

section 44,” shall be omitted;

(g) for sub-section (8), the following sub-section shall be substituted, namely:―

“(8) An Executive Officer appointed in pursuance of a scheme framed

under this section may be removed by the appointing authority for all or any of

the reasons specified in section 28 and an appeal against the order of removal

shall lie to the State Government, if preferred within thirty days from the date of

the order.”; and

(h) after sub-section (8), the following sub-section shall be inserted, namely:—

“(9) Any person aggrieved by the order passed under sub-section (1) or sub-

section (6) may, within sixty days from the date of receipt of such order, prefer

an appeal to the High Court.”.

3. In the principal Act, in section 44, for sub-section (1), the following sub-section

shall be substituted, namely:—

“(1) Any person aggrieved by an order under section 41 or section 43 may,

within thirty days from the date of receipt of the order under section 41 or section

43, as the case may be, prefer an appeal to the Commissioner.”.

4. In the principal Act, in the Schedule, ―

(a) for the entries appearing in columns (2) and (3) against section 42

appearing in column (1), the following section with its entries shall be substituted

under the appropriate columns, namely:—

(1)

(2)

(3)

“42(i)

Application to the Assistant Commissioner or

the Deputy Commissioner for

settling a scheme

(ii)

Application to the Authority for

modification of a scheme

(iii)

Appeal to the High Court against the orders

passed under sub-section (1) or (6)

50.”;and

Amendment of

the Schedule.

Amendment of

section 44.

(b) in section 44 appearing in column (1), items (ii) and (v) along with the entries

thereto, appearing in columns (2) and (3) shall be omitted.

5. (1) Notwithstanding anything to the contrary contained in the principal Act,

rules and the scheme, every non-hereditary trustee appointed under the scheme

and holding office immediately before the date of commencement of the Odisha

Hindu Religious (Amendment) Act, 2018 shall cease to hold offices as such on

expiration of three months from the date of commencement of the said Amendment

Act and the non-hereditary trustee shall be appointed in accordance with the

principal Act as amended by the said Amendment Act within the period of three

months, who shall assume the office of trustee after expiration of such period of

three months.

(2) In the event the non-hereditary trustee could not be appointed in

accordance with the provisions of principal Act as amended by the said Amendment

Act, the Commissioner shall appoint a fit person for a period of six months from the

date of expiry of the period of said three months.

Effect of

provisions of

amendments.

STATEMENT OF OBJECTS AND REASONS

Section 42 of the Odisha Hindu Religious Endowments Act,1951 provides for

framing of a scheme for better administration of religious institutions and Endowments. It is

provided that whenever there is any reason to believe that in the interest of the proper

administration of religious institutions, a scheme may be settled for it, or, when not less

than five persons having interest, make an application in writing stating that in the interests

of proper administration of a religious institution a scheme should be settled for it, the

Assistant Commissioner or the Deputy Commissioner, as the case may be, shall proceed

to frame a scheme interalia containing provisions for fixing the number of non-hereditary

trustees, removing any existing trustee or appointing a new trustee or trustees in addition

to or in place of existing trustee and their powers and duties, appointing Executive Officer

and their power and duties.

The Scheme are not being framed timely and properly by Assistant Commissioner

and Deputy Commissioner as a result of which supervision and control of the religious

institutions are not properly regulated for which the provisions are not properly

implemented. It is now felt appropriate that the scheme should be framed by the Assistant

Commissioner and Deputy Commissioner with the approval of the State Government

through the Commissioner.

Therefore, it is considered expedient to amend Section 42 of the Odisha Hindu

Religious Endowments Act,1951 to strengthen the provisions of the scheme and for

smooth management of the religious institutions and to make certain consequential

amendments.

The Bill seeks to achieve the above objectives.

PRATAP JENA

Member-in-Charge

A.K. SARANGI

SECRETARY

ODISHA LEGISLATIVE ASSEMBLY

Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10

Ex. Gaz. 1219-173+12