THE ODISHA HINDU RELIGIOUS ENDOWMENTS
(AMENDMENT) ACT, 2018
TABLE OF CONTENTS
PREAMBLE :
SECTIONS :
1. Short title and Commencement.
2. Amendment of Section 42.
3. Amendment of Section 44.
4. Amendment of the Schedule.
5. Effect of provisions of amendments.
3
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 2064, CUTTACK, FRIDAY, NOVEMBER 9, 2018/ KARTIKA 18, 1940
LAW DEPARTMENT
NOTIFICATION
The 9th November, 2018
No.12360–I-Legis-31/2018/L.—The following Act of the Odisha Legislative
Assembly having been assented to by the Governor on the 8th November, 2018 is hereby
published for general information.
ODISHA ACT 25 OF 2018
THE ODISHA HINDU RELIGIOUS ENDOWMENTS (AMENDMENT) ACT, 2018
AN ACT 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, —
(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
Short title and
commencement
Odisha Act
2 of 1952.
Amendment
of section 42.
4
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.”;
(c) in sub-section (2),—
(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;
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(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
10
(ii)
Application to the Authority for
modification of a scheme
10
(iii)
Appeal to the High Court against the orders
passed under sub-section (1) or (6)
50.”;and
(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
Amendment of
the Schedule.
Effect of
provisions of
amendments.
Amendment of
section 44.
6
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.
By order of the Governor
SASHIKANTA MISHRA
Principal Secretary to Government
Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10
Ex. Gaz. 1541-173+250