Bare ActsThe ODISHA HINDU RELIGIOUS ENDOWMENTS ACT, 1951

Section 4

Amendment status not verified — confirm the current text below against the official source.

Power of Assistant Commis- sioner to appoint non hereditary trustee:– The Assistant Commissioner can appoint non hereditary trustee to a re- ligious institution other than matha with- out determination of a dispute U/s- 41 of the Act, 74 (1992) CLT 969 (Khetramohan Rout and Others Vs. Sri Sri Mugeswar Mahadev and others) Appointment of Non Hereditary Trustee – Powers of Assistant Commis- sioner of Endowment – When there is no hereditary trustee, Assistant Commissioner is authorized to appoint non-hereditary trustee in respect of each religious institu- tion other than mathas with approval of the State Government. Such appointment can continue for 2 years from the date of appointment. Such appointment can be extended from time to time which cannot exceed 6 months. Further the meaning of the term “Sufficient” – Explained – Which means adequate, enough, as much as may be necessary to answer the purposes in- tended, 81 (1996) CLT 694 (Narayan Sahu and others Vs. The Commissioner of En- dowment of Orissa and others) Appointment of non hereditary trustee is to be made with utmost expedi- tion in order to avoid mismanagement and misappropriation. While doing so the As- sistant Commissioner is to make a sum- mary inquiry which must be reasonable and satisfactory holding that whether there is a hereditary trustee in the institution or not. If the order is arbitrary than the said order can be challenged in the revision. 81 (1996) CLT 477 (Dhadi Parida after him Sundari Parida and others Vs. Com- missioner of Consolidation and others) The Assistant Commissioner of Endowment can exercise its jurisdiction for appointment of non-hereditary trust- ees whether any proceeding under the pro- visions of Section 41 of the Act is pend- ing or not, 2006 (I) CLR 230 (Sri Chandi Thakurani Bije at Bakharabad, Jagatsinghpur Vs. State of Orissa and oth- ers)

Section 4 – The ODISHA HINDU RELIGIOUS ENDOWMENTS ACT, 1951 | DailyLaw.ai