Bare ActsThe ODISHA HINDU RELIGIOUS ENDOWMENTS ACT, 1951

Section 42

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

1[Power to frame schemes] :– (1) 2[Whenever there is reason to believe that in the interest of the proper administration of a Religious institution 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 the proper administration of a Religious institution a scheme should be settled for it, the Assistant Commissioner] or 3[the Deputy Commissioner], as the case may be, shall proceed to frame a scheme in the manner hereinafter provided - (a) in the case of a Religious Institution managed by a non-hereditary Trustee the Assistant Commissioner shall consult in the prescribed manner the Trustee and the persons having interest and if after such consultation he is satisfied that it is necessary or desirable to do so, he shall after recording his reasons therefor by order frame a scheme for the administration of the institution. (b) in the case of a Religious Institutution presided over or managed by a hereditary Trustee, the Assistant Commissioner shall make such enquiry as he thinks fit and submit his report to the Deputy Commissioner who shall hold an enquiry in the manner prescribed and so far as may be, in accordance with the provisions of the Code of Civil Procedure, 1908 (V of 1908) relating to the trial of suits and if he is satisfied that in the interests of the proper administration of such institution a scheme of administration should be settled, he shall consult in the prescribed manner the Trustee and the persons having interest and by order settle a scheme of administration for the Institution. (2) A scheme settled under Sub-Section (1) for a temple or its specific endowment may contain provision for– (a) fixing the number of non-hereditary Trustees; (b) removing any existing Trustee, whether hereditary or non- hereditary anything in Section 28 to the contrary notwithstanding : Provided that where provision is made in the scheme for the removal of a hereditary Trustee, provision shall also be made therein for the appointment as Trustee of the person next in succession who is qualified;

Section 42 – The ODISHA HINDU RELIGIOUS ENDOWMENTS ACT, 1951 | DailyLaw.ai