The ODISHA HINDU RELIGIOUS ENDOWMENTS ACT, 1951

*THE ODISHA HINDU RELIGIOUS
ENDOWMENTS ACT, 1951
An Act to provide for the better administration and governance of
Hindu Religious Institutions and Endowments in the State of Odisha
Whereas it is expedient to amend and consolidate the law relating the
administration and governance of Hindu Religious Institutions and Endowments
in the State of Odisha.
It is hereby enacted as follows :
CHAPTER  – I
PRELIMINARY
1. Short title, extent, application and commencement :– (1) This Act
may be called the Odisha Hindu Religious Endowments Act, 1951.
(2) It extends to the whole of the State of Odisha and applies to all Hindu
Public Religious Institutions and Endowments.
Explanation I –  In this Sub-Section Hindu Public Religious Institutions
and Endowments do not include Jain or Buddhist Public Religious Institutions
and Endowments but include Sikh Public Religious Institutions and Endowments.
Explanation  II – 1[xxx]
(3) It shall come into force on such date2 as the State Government may,
by notification, direct.
2. Power to extend Act to Jain or Buddhist Institutions and
Endowments :– The State Government may, by notification, extend to any
Jain or Buddhist Public Religious Institution and Endowment or to any Public
Endowments or a Charitable and Religious Institution all or any of the provisions
of this Act and of any rules made thereunder and may declare such extension
to be subject to such restrictions and modifications as they think fit :
* Published vide Odisha Act 11 of 1952.
For Statement of Objects and Reasons, see Odisha Gazette Ext./10.03.1951, p.
49; and for Report of Select Committee, see ibid, 17.9.1951, pp. 1-10, and for
proceedings in the Assembly, see Proceedings of the Odisha Legislative Assembly,
Vol. XIV, No. 23, pp. 8-11.
1. Omitted vide O.H.R.E. (Amendment) Act, 1954 (O.A. No. 18 of 1954).
2. The Act came into force with ef fect from the 1st January, 1955, vide Notification
No. 7631-End./22.12.1055 - published vide Odisha Gazette, Part-III/31.12.1955.
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Provided that before issuing such notification, the State Government shall,
publish in the Gazette a notice of their intention to do so, fix a period not exceeding
three months from the date of publication of the notice for the persons interested
in the institution and endowment concerned to show-cause against the issue of
such notification and consider their objections, if any.
SYNOPSIS
1. Substituted vide Odisha Gazette Ext./7.10.1978-O.A. No. 29 of 1978.
2. Omitted vide O.H.R.E. (Amendment) Act, 1954 A. No. 18 of 1954.
3. Inserted vide Odisha Gazette Ext./7.10.1978-O.A. No. 29 of 1978.
4. Substituted vide O.A. No. 18 of 1954.
Modes to Recognize Hereditary
Trustee : A claim to the hereditary trustee
can be recognized if the three modes as
provided in the said section are proved,
61 (1986) Sn. 49 (Rama Chandra Misra
Vs. Hadibandhu Panda and others)
3. Definitions :– In this Act unless there is anything repugnant in the
subject or context–
(i) “Assist ant Commissioner” means an Assistant Commissioner
appointed under Section 5;
(ii) “Commissioner” means the Commissioner appointed under
1[Section-4];
(iii) “Collector” in any provision under this Act includes (a) any Deputy
Collector who is specially empowered by the State Government to
discharge any of the functions of a Collector under that provision;
and (b) any Deputy Collector to whom the Collector may, by general
or special order, transfer any of his functions under that provision;
2[xxx]
3[(iv) “Deputy Commissioner” means the Deputy Commissioner
appointed under Section 5 :]
4[(v) “Endowment Fund” means the Odisha Hindu Religious
Endowments Administration Fund constituted under Section 63;]
(vi) “Heredit ary Trustee” means the Trustee of a Religious institution
succession to whose Office devolves by hereditary right since the
time of the founder or is regulated by custom or is specifically
provided for by the founder, so long as such scheme of succession
is in force;  2[xxx]
(vii) “Math” means an institution for the promotion of the Hindu religion
presided over by a person whose duty is to engage himself in
spiritual service or who exercises or claims to exercise spiritual
headship over a body of disciples and succession to whose Office
devolves in accordance with the directions of the founder of the
institution or is regulated by custom and includes places of Religious
worship other than a temple and also places of instruction or places
for the maintenance of Vidyarthis or places for rendering charitable
or Religious services in general which are or may be appurtenant
to such institution;
(viii) “non-Hereditary Trustee” means a Trustee who is not a hereditary
Trustee;
(ix) 1[xxx]
(x) “person having interest” means -
(a) in the case of a math a disciple of the math or a person 2[at
the Religious persuasion] to which the math belongs;
(b) in the case of temple, a person who visits or who is entitled
to visit the temple for darsan of the deity or attend at the
performance of worship or service in the temple or who is
in the habit of attending such performance or of p artaking
in the benefit of the distribution of gif ts thereat and in the
case of a specific endowment, a person who visits or who
is entitled to attend at or is in the habit of attending the
performance of the service or charity, or who is entitled to
partake or is in the habit of p artaking in the benefit of the
charity;
(xi) “prescribed” means prescribed by rules made by the S tate
Government under this Act;
(xii) “Religious Endowment” or “Endowment” means all property
belonging to or given or endowed for the support of maths or
temples or given or endowed for the performance of any service
or charity connected therewith or of any other Religious charity
and includes the institution concerned and the premises thereof
and also all properties used for the purposes or benefit of the
institution and includes all properties acquired from the income of
the endowed property;
Provided that gif ts of immovable properties made as personal gif ts to
hereditary Trustee of a math or temple or the archaka, sevaka, service-holder
or other employee of a Religious institution shall not be so included, if the
donee has been possessing and enjoying the same as a separate and distinct
identity all long;
Explanation I :– Any jagir or inam granted to an archaka, sevaka, service-
holder or other employee of a Religious institution for the performance of any
service or charity in or connected with a Religious institution shall not be deemed
to be a personal gift to the said archaka, service-holder or employee but shall
be deemed to be a Religious endowment.
1. Omitted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.
2. Substituted vide Odisha Gazette Ext. 7.10.1978-O.A. No. 29 of 1978, w.e.f. 7.7.1978.
Explanation II :– Any property which belonged to or was given or endowed
for the support of a Religious institution, or which was given or endowed for the
performance of any service or charity of a public nature connected therewith or
of any other Religious charity shall be deemed to be a “Religious endowment”
or  “endowment” within the meaning of this definition, notwithstanding that, before
or after the commencement of this Act, the Religious institution has ceased to
exist or ceased to be used as a place of Religious worship or inspection, or the
service or charity has ceased to be performed;
1[Provided that this Explanation shall not be deemed to apply in respect
of any property which is vested in any person before the commencement of
this Act by the operation of the law of limitation;]
Explanation III :– Where an endowment has been made or property
given for the support of an institution which is partly of Religious and partly of a
secular Character or where an endowment made or property given is
appropriated partly Religious and partly to secular uses, such endowment or
property or the income therefrom shall be deemed to be a Religious endowment
and its administration shall be governed by the provisions of this Act.
Explanation IV :– 2[xxx]
(xiii) “Religious Institution” means a math, a temple and endowment
attached thereto or a specific endowment and includes an
institution under direct management of the State Government;
(xiv) “S pecific Endowment” means any property or money endowed.
(a) for the performance of any specific service or charity in a
math or temple, or
(b) for the performance of any other Religious charity,
but does not include any jagir or inam of the nature described in
Explanation I to Clause (xii);
(xv) “T emple” means a place by whatever designation known, used
as a place of public Religious worship and dedicated to, or for the
benefit of, or used as of right by , the Hindu community, or 3[any
class or section thereof,] as a place of public Religious worship
and also includes any cultural institution or mandap or library
connected with such a place of public Religious worship;
(xvi) “T rustee” means a person by whatever designation known, in
whom the administration of a Religious institution and endowment
are vested and includes any person or body who or which is liable
as if such person or body were a Trustee;
(xvii) “year” means the financial year.
1. Added vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.
2. Omitted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.
3. Substituted ibid.
SYNOPSIS
1. There cannot be a straight jacket
formula to be a hereditary trustee.
.................................................... 35
2. Installation of Idols is not enough to
establish a Temple ....................... 35
3. Succession to the Hereditary
Trustee ....................................... 35
4. Meaning of the word  “T rustee” . 35
5. Constituting Hereditary Trustee.. 35
6. Person having Interest ................ 36
7. Hereditary Trustee ...................... 36
8. De-jure and De-facto Trustee ...... 36
9. Meaning of the  word “Temple” . 36
10. R.O.R. is not enough to establish
claim of Trusteeship .................... 36
11. Onus to establish claim over the
Property ...................................... 37
12. Powers to determine the status of
trustees ........................................ 37
13. Whether temples of the Society
registered under Society Registra-
tion Act can be treated as a Public
Temples ...................................... 37
1. There cannot be a straight
jacket formula to be a her editar y
trustee :–  Whether a person is a
hereditary trustee of a public religious
endowment which includes matha and
temple will depend upon the facts of each
case and there cannot be a straight jacket
formula applicable to all cases, 2012 (II)
OLR 639 (Danardan Mohapatra and
Others Vs. Pitamber Jena and Others)
2. Installation of Idols is not
enough to establish a Temple :–
Distinction between mathas and temples
and its definition – Explained – Merely if
same idols are installed in a matha and
members of the public are of fering
worship to such idols would not make the
same a temple. 201 1 (II) CLR (SC) 958
(Parasamaya Kolerinatha Madam
Tirunelveli Vs. P . Natesa Achari and
others)
3. Succession to the Her editary
Trustee :–  Succession to the of fice of
hereditary trustee – the right being
hereditary since the period of the founder
duly regulated by custom and is
specifically provided by the founder if the
same remains in force is to be followed
with regard to the succession to the office
of hereditary trustee, 108 (2009) CLT 349,
2009 (II) CLR 409, 2009 (Supp. II) OLR
922 (Benudhar Hota and others Vs.
Jagannath Nayak and others)
4. Meaning of the word
“T rustee”:–  Meaning of the word
‘Trustee’ – Explained – Usually a trustee
is a person in whom the administration of
religious institutions and endowment is
vested, which may be any person or a
body, 108 (2009) CLT 349, 2009 (II) CLR
409, 2009 (Supp. II) OLR 922 (Benudhar
Hota and others Vs. Jagannath Nayak and
others), 2012 (II) OLR 639 (Danardan
Mohapatra and others Vs. Pitamber Jena
and others)
5. Constituting Her editar y
Trustee :–  Constitution of the hereditary
trustee as per Section 3 (vi). There are
mainly three distinct ways by which the
hereditary trustee can be constituted and
approved when succession to the of fice
devolves by hereditary right since the time
of the founder. Secondly, succession to the
hereditary trustee is regulated by customs
and usages and thirdly, as per the scheme
specifically laid down by or provided by
the founder so long the said scheme is in
force. 2007 (II) CLR 796, 2007 (Supp.
II) OLR 1109 (Smt. Rukmini Mishra Vs.
Sri Sri Radhakrushna Mahaprabhu and
others)
6. Person having Inter est :–
Meaning of the term “person having
interest” – Explained – means a disciple
of the matha or a person professing the
hindu religious or sikh faith to which the
matha belongs, 61 (1986) CL T 189
(Mahanta Sri Raghunath Das and another
Vs. Commissioner of Hindu Religious
Endowment, Orissa, Bhubaneswar)
7. Her editar y Trustee :–  The
definition of the term hereditary trustee
provides for three distinct ways by which
a claim of hereditary trusteeships can be
proved namely:
(i) Firstly, when succession to such
office devolves by hereditary right since
the time of the founder.
(ii) Secondly, when succession to
the office is regulated by custom, and
(iii) Thirdly, when it is specifically
provided for by the founder according to
the scheme of succession so long as such
scheme is in force. The mere fact that a
person was a trustee for a very long period
will not be sufficient for a declaration that
he is a hereditary trustee, 62 (1986) CLT
576 (Gopinath Das Adhikari and Others
Vs. Sri Chaitanya Mahaprabhu and
Others)
Burden lies on the person who
claimed right of hereditary trusteeship to
establish that succession to the of fice
devolved upon by hereditary right since
the time of the founder of the institution,
since the evidence being unsatisfactory it
is dif ficult to establish the case of
hereditary trusteeship. 67 (1989) CLT 829
(Maheswar Das and others Vs. Sri
Nilakantheswar Mahadeb and others.
Ingredience of the word hereditary
trustee – explained – the person
ascertaining such rights must establish and
prove to show that he comes within the
three categories, 73 (1992) CL T 303
(Hindu Public represented through
Jadunath Das and others Vs. Sankarsan
Das and others)
8. De-jur e and De-facto
Trustee :–  Distinction between the term
De-jure trustee and De-facto trustee –
Explained – Further the meaning of the
term trustee explained. A person having a
legal right to hold the office of the trustee
is a de-jure trustee whereas a de-facto
trustee is one who is in possession of the
endowment and exercises all the functions
of the trustee though a legal title is lacking.
The Odisha Hindu Religious Endowment
Act defines the word “trustee” to mean a
person by whatever designation known,
in whom the administration of a religious
institution and endowment are vested and
includes any person or body who or which
is liable as if such person or body were a
trustee, thus the term trustee is a very wide
one and would include a de-facto trustee
who by his own action and conduct make
himself liable as a trustee, 63 (1987) CLT
115 (Radhakrushna Dutta and others Vs.
State of Orissa and Others)
9. Meaning of the  word
“T emple”:–  Meaning of the word temple
means a temple in common parlance. It is
not enough that a deity installed in a
building or the place would be the abode
of the deity. The definition requires that it
shall be a place of worship dedicated to
the public or dedicated for the public or
used as of right by the public, 63 (1987)
CLT 223 (Kunja Bihari Parida Vs. Sri
Narayani Thakurani and Others)
10. R.O.R. is not enough to
establish claim of Trusteeship :–
Principles of the backward and forward
presumption – explained – merely because
record of rights indicating a person as a
ruler showing as a sebayat cannot be said
that the institutions were founded by him
or by any office ancestors, 72 (1991) CLT
277 (Raghunath Das after him Kamini Dei
@ Krishna Kamini Dei and others Vs. Sri
Grama Devati Ambica Thakurani and
others)
Categories of hereditary trust –
defined – 72 (1991) CL T 530 (Sri Rama
Chandra  Rana and others Vs. Hindu
Public and Shri Kaleswar Mahadev at
Kalarapadar and others)
Meaning of the term hereditary
trustee means trustee of religious
institution succession to whose of fice
devolves to hereditary right since the time
of the founder or is regulated by custom
or is specifically provided for by the
founder , so long as such scheme of
succession is in force. 71 (1991) CLT 32
(Alekha Chandra Swain and others Vs.
Nrusinghanath Thakur and others). If by
the passage of time it is not possible to
trace back to the time of founder , the
principles of Lost grant and backward
presumptions is available for the Courts
to be drawn from the evidence available
from the records backward presumption
of lost grant theory cannot be drawn as
there is paucity of materials to draw such
presumption, 71 (1991) CLT 339 (Shyama
Charan Pradhan and Others Vs. Naikhani
Thakurani and others)
11. Onus to establish claim over
the Property :–  Onus lies on the plaintiff
to prove that the mahanta who sold the
properties to him was the absolute owner
of the property – Inference cannot be
drawn from the act or omission of the
authorities under the Endowment Act and
Collector to confer title of the property
on the mahanta as a owner of the
properties, 2004 (I) CLR 71, (Madhu
Sudan Panda and after him Mukta Devi
and others Vs. The Commissioner of
Endowment, Orissa and others)
Appointment of non-hereditary
trustee by the Additional Assistant
Commissioner of Endowment. The tenure
of the order having been expired operating
for more than 1½ yrs. The Hon’ble Court
was not inclined to interfere the order, 98
(2004) CLT 221, 2004 (II) OLR 174, 2004
(II) CLR 657 (Dibyakanta Dash Vs. The
Commissioner of Endowment, Orissa,
Bhubaneswar and others) please also see
2004 (4) CCC 56, 98 (2004) CL T 357,
2004 (II) OLR 229, 2004 (II) CLR 418,
(Shri Mahadev Bisi and others Vs.
Niranjan Bisi)
12. Powers to determine the
status of trustees :–
 The authorities under
the Act are empowered to determine as to
whether the institution is without
hereditary trustee or not after appreciating
the evidence available on record. AIR
1995 Orissa 197, 79 (1995) CLT 135 (Sri
Kanteisuni Thakurani Vs. Sri Babudhar
Rout)
13. Whether  temples of the
Society r egister ed under  Society
Registration Act can be tr eated as a
Public Temples :–  Determination of the
nature and character of the temples of the
Society whether are public temples or
temples confined only for the members
of the society. It cannot be conceived that
any charitable dispensary run by the
members of the society can be said only
confined to the members of the society
and the Dur ga Pujas and other pujas
organized in the temples by the said
society are only for the members, 88
(1999) CLT 60 (SC) (Hindu Public and
others Vs. Rajadhanee Puja Samithee and
others)
CHAPTER - II
POWERS AND DUTIES OF COMMISSIONER AND OTHERS
1[4. Appointment of Commissioner :– The State Government may, by
notification, appoint a person who professes the Hindu religion 2[and who is a
member of the Odisha Superior Judicial Service, Senior Branch] to be the
Commissioner of Endowments and he shall cease to hold Office as such when
he ceases to processes that religion.
5. Appointment of 1[Deputy and] Assistant Commissioners :– (1)
The S tate Government may appoint a 3[Deputy Commissioner] and such
number of Assistant Commissioners as they deem necessary.
(2) Appointment of the said Officers shall be from among persons who
prefers the Hindu religion and who are members of the State Judicial Service.
(a) in the case of the 3[Deputy Commissioner,] not below rank of a
Subordinate Judge ; and
(b) in the case of an Assistant Commissioner, of the rank of a Munsif
or above and they shall cease to hold Of fice as such when they
cease to profess that religion.
5-A. Officers and Servants to be appointed by the Commissioner :–
The Commissioner of Endowment s may, subject to the control of the S tate
Government, from time to time, appoint such Sub-ordinate Of ficers and staff,
as may be deemed necessary for the purpose of this Act and they shall, subject
to the control of the Commissioner, discharge such functions and perform such
duties as may be assigned to them by the Commissioner 1[Deputy
Commissioner] or the Assistant Commissioners.
6. 4[Conditions of services of Commissioner, Deputy Commissioner,
etc.] :– (1) The Commissioner , the Deputy Commissioner , the Assistant
Commissioners, the Sub-ordinate Officers and staff appointed under this Act
shall be the Servants of the State Government and they shall draw their p ay
pension, leave and other allowances from the Consolidated Fund of the State.
The conditions of service of such Officers shall be such as may be prescribed
from time to time.
(2) There shall be p aid out of the Endowment Fund and the S tate
Government shall have power to direct the p ayment of, at such time as they
may deem fit, such cost as the State Government may from time to time incur
from out of the Consolidated Fund on account of pay, pension, leave and other
allowances of t he Commissioner , the 3[Deputy Commissioner] Assistant
Commissioners, other Sub-ordinate Officers and staff appointed under this Act.]
1. Secs. 4, 5, 5-A and 6 substituted for original Sections 4, 5 and 6 vide O.H.R.E.
(Amendment) Act, 1954-O.A. No. 18 of 1954.
2. Substituted vide O.A. No. 29 of 1978.
3. Inserted vide O.A. No. 29 of 1978 - w.e.f. 7.6.1978.
4. Added vide O.A. No. 29 of 1973 - w.e.f. 7.6.1978.
7. Powers and Duties of Commissioner :– (1) Subject to the provisions
of this Act, the general superintendence of all Religious institutions and
endowments shall vest in the Commissioner.
1[ x x x ]
2[(2)] The Commissioner may do all things which are reasonable and
necessary to ensure that the Religious institutions and endowments are properly
administered and that their income is duly appropriated for the purposes which
they were founded or exist.
Explanation :– The Commissioner shall have power to pass such interim
orders as he deems necessary for the proper maintenance of a Religious
institution, or the proper administration of a Religious endowment including
the power to p ass such orders if and when necessary for the proper
management of any institution when a dispute concerning the same is pending
in a Court. SYNOPSIS
1. Powers of the Commissioner ...... 39
2. Appointment of Interim Trustee
.................................................... 39
3. Principles of Natural Justice ....... 40
4. Notice under Order 1 Rule 8 (2) of
C.P.C. is mandatory..................... 40
5. Deities being not permanent whether
appointment of interim trustees justi-
fied .............................................. 40
1. Omitted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.
2. Re-numbered ibid.
1. Powers of the Commis-
sioner :–  As per the provisions of the Sec-
tion 35 of the Act if a hereditary trustee is
found acting contrary to the provisions of
the said section, then he can be declared
disqualified after following due proce-
dure, making due inquiry as provided
under the said section, the Commissioner
otherwise cannot suspend the hereditary
trustee and constitute the interim trust
board as provided U/s- 7 of the Act. (Raj
Gopal Ramanuja Das Vs. Commissioner
of Endowments, Orissa and others) 2011
(II) OLR 969.
2. Appointment of Interim
Trustee :–  Scope of the Section – Ex-
plained – Validity of appointment of in-
terim Trust Board for proper administra-
tion of religious institution like Gopinath
Jew and Sri Achyutananda Ashram of
Nemalo challenged, 2009 (I) CLR 579
(Gangananda Goswamy and others Vs.
State of Orissa and Others)
Appointment of interim trustees by
Commissioner – Duty of the Commis-
sioner is to make due inquiry in the mat-
ter when there is an objection, as the trust-
ees so appointed are interested persons in
view of the Section 29 of the Act – Ap-
pointment of such trustees is void. Fur -
ther distinction between Section 28 and
29 – Explained, 82 (1996) (I) OLR 529
(Anam Charan Mallick and others Vs.
Commissioner of Endowment,
Bhubaneswar and another)
Proceeding U/s- 42 of the Act
pending and as per the report of Additional
Asssistant Commisioner the personal
property of the petitioners which were in
question did not belong to religious insti-
tution. A Deputy Commissioner Endow-
ment appointing the Opp. Parties as an
interim trustee under the provision of Sec-
tion 7 of the Act without extending due
opportunity of hearing to the petitioner
which was held to be illegal, 2004 (II)
OLR 492, 2004 (II) CLR 513, (Sri
Padmanav Giri Goswami Vs. Commis-
sioner of Endowment and others)
3. Principles of Natural Jus-
tice :–  Inspector of Endowment submit-
ting a report to form a non-hereditary Trust
Board and the same having being sent to
the Commissioner – Interim Trust Board
can be formed if there is no hereditary
trustee – However the Additional Com-
missioner or the Commissioner is to make
enquiry as to whether there was any he-
reditary trustee or not, as the R.O.R. pre-
pared in the name of the petitioner . Fur-
ther the matter having being in dispute
before the Consolidation Authorities, they
have interest in the matter. But they have
not been given an opportunity of hearing,
as such the matter was remanded to the
Commissioner to be dispose of after ex-
tending due opportunity of hearing to the
petitioner. AIR 1999 Orissa 175, 1999 (I)
OLR 608 (Jasobanti Thakurani and oth-
ers Vs. Commissioner of Endowment and
others)
4. Notice under Order 1 Rule 8
(2) of C.P.C. is mandatory :–  Assistant
Commissioner appointed hereditary
trustee which was challenged in appeal.
However there being no notice issued un-
der Order 1 Rule 8 (2) of C.P.C. The Or-
der of the Trial Court is vitiated, 2005 (1)
OLR 612, (2005) 1 CLR 702 (Jogiram
Mohapatra and other Vs. Sibaram Pradhan
and others)
5. Deities being not permanent
whether appointment of interim trust-
ees justified :– The Commissioner of En-
dowment is empowered to appoint interim
trustees of the deities who are prepared,
worshipped and emer ged every year by
the Societies registered under the Society
Registration Act. Such action of the au-
thorities challenged on the ground that
such institution are not Hindu Public Re-
ligious Endowment, such question can be
decided under the provisions of the Sec-
tion 41 of the Act. Thus appointment of
interim trustees is not illegal. 2007 (II)
OLR 801, 2007 (II) CLR 769 (Haraparbati
Thakurani and others Vs. Commissioner
of Endowment and others)
8. Powers and Duties of the Deputy and Assistant Commissioners:–
1[(1) 2[The Deputy Commissioner] and the Assistant Commissioners shall
exercise such powers and discharge such duties as are assigned to them by
or under this Act, either generally or in respect of any particular area :
Provided that the Commissioner, may, subject to the other provisions of
this Act, by order in writing, declare that the exercise of all or any of such
powers and discharge of all or any of such duties shall be subject to such
exceptions, limitations and conditions as may be specified in the order and he
may himself exercise or discharge any power or duties so expected.
3(2)4[The Deputy Commissioner] and the Assistant Commissioners shall,
for the proper management of the institution, have power to pass such interim
orders as they deem necessary in the course of proceedings pending before
them.]
1. Re-numbered vide O.A. No. 29 of 1978.
2. Inserted ibid.
3. Added ibid.
4. Inserted ibid.
SYNOPSIS
1. Application of the Provisions ..... 41
2. Upmost care is required for
Appointment of Trustee .............. 41
3. Principles of Natural Justice ....... 42
4. Summary Inquiry before appointing
non hereditary trustee ................. 41
5. Institution is to be a religious one
.................................................... 42
1. Application of the Provisions:–
Distinction between Sections 27 and 41
explains the question whether the religious
institution is managed or not managed by
the hereditary trustee is to be decided un-
der Section 41, 69 (1990) CL T 213
(Baikunthanath Patjoshi and others Vs.
Commissioner of Endowment of Orissa,
Bhubaneswar and others)
The provisions of the section
vested powers on the Commissioner of
Endowment to transfer any appeal to the
Deputy Commissioner for disposal, 72
(1991) CLT 277 (Raghunath Das after him
Kamini Dei @ Krishna Kamini Dei and
others Vs. Sri Grama Devati Ambica
Thakurani and others)
2. Upmost car e is r equired for
Appointment of Trustee :–  Appointment
of non hereditary trustee is to be made
with utmost expedition in order to avoid
mismanagement and misappropriation.
While doing so the Assistant Commis-
sioner is to make a summary inquiry
which must be reasonable and satisfac-
tory holding that whether there is a he-
reditary 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. Commis-
sioner of Consolidation and others)
Before exercising the powers un-
der Section 8B of the Act, the Commis-
sioner is required to form an opinion on
the basis of the objective material. It can-
not be his ipse dixit without any support-
ing materials, whatsoever . Such power
cannot be used arbitrarily. Thus whether a
disputed matha is a public religious insti-
tution is to be decided and adjudicated U/
s- 41 (1) (a) (d) of the Act, 94 (2002) CLT
30 (Jayaram Dash Jee Maharaj and after
him Mahanta Premananda Dash Jee Vs.
Commissioner of Endowment, Orissa and
another)
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)
Whether order passed U/s-7 can be
treated to have been passed U/s-8B of the
Act because of the non-obstante clause
contained. As per the provisions of Sec-
tion 8-B, a summary enquiry is to be con-
ducted with regard to the fact that the in-
stitution is a religious one, 2004 (II) OLR
492, 2004 (II) CLR 513, (Sri Padmanav
Giri Goswami Vs. Commissioner of En-
dowment and others)
3. Principles of Natural Jus-
tice :–  It is an established principle of law
that any person having interest in the dis-
puted lands before passing an order is to
be given an opportunity of hearing, 88
(1999) CLT 549 (Harihara Chatuari and
others Vs. Commissioner of Endowment,
Orissa and others)
4. Summary Inquiry before ap-
pointing non hereditary trustee :–  The
Assistant Commissioner while appointing
a non- hereditary trustee is to conduct a
summary inquiry into the matter and he
is to satisfied with regard to the necessity
and also it is to be seen whether there is
any hereditary trustee or not. However ,
the Commissioner is not debarred from ex-
ercising the powers as provided U/s- 27
in case of any application pending U/s-
41 of the Act. In view of the amendment
of 1973, thus any order passed by the As-
sistant Commissioner is revisable, 1999
(1) OLR 163 (Sri Sri Raghunath Jew and
another Vs. Commissioner of Endowment
Orissa and others)
5. Institution is to be a religious
one :–  The Authorities are to be satisfied
before taking any action under the provi-
sions of the section prima facie that the
institution is a religious one. 2004 (II)
OLR 492, 99 (2005) CL T 1 17 ((Sri)
Padmanav Giri Goswami Vs. Commis-
sioner of Endowment and Others)
1[8-A. Delegation of Power by the Commissioner :– The Commissioner
may transfer any appeal filed before him to 1[the Deputy Commissioner] for
hearing and disposal and any appeal so transferred and disposed of by 4[the
Deputy Commissioner] shall, for the purposes of this Act, be deemed to have
been disposed of by the Commissioner.
8-B. Power of authorities to act without initiating proceedings under
Section 41 :– (1) Notwithstanding anything contained in any other provision of
this Act the Commissioner , 1[the Deputy Commissioner] and the Assistant
Commissioners shall have power to take action under any of the provisions of
this Act in respect of any institution, if on information received or otherwise,
they are satisfied that such institution is a Religious institution within the meaning
of this Act.
(2) For the removal of doubts, it is hereby declared that where any person
disputes such action on the ground that the institution is not a Religious
institution within the meaning of this Act, he may raise a dispute as provided in
Section 41.]
9. Power of Commissioner to call for Records and Pass Orders :–
(1) The Commissioner may call for and examine 2[the record of any proceeding
under this Act before the Deputy Commissioner 3[or before an Assistant
Commissioner except under Sub-Section (1) of Section 27] to satisfy himself
as to the regularity of such proceeding or the correctness, legality or propriety
of any decision or order p assed thereon; and if in any case it appears to the
Commissioner that any such decision or order shall be modified, annulled,
reversed or remitted for reconsideration, he may pass orders accordingly:
Provided that the Commissioner shall not pass any order prejudicial to
any party without hearing him or giving him a reasonable opportunity of being
heard :
1. Inserted ibid.
2. Substituted vide O.A. No. 29 of 1978.
3. Sustituted vide O.A. No. 13 of 2003 (O.G.E. No. 825 dated 31.5.2003).
1[Provided further that in cases where an appeal lies under this Act, no
proceedings by way of revision shall be entert ained by the Commissioner at
the instance of a person who could have appealed:
Provided also that nothing in this Sub-Section shall apply to the
proceedings in an appeal transferred by the Commissioner to the Deputy
Commissioner for hearing and disposal.
(2) The Commissioner may stay the execution of any such decision or
order, pending the exercise of his power under Sub-Section (1) in respect
thereof.
Notes :–  Revisional Power of the Commissioner not abridged or taken
away 76 (1993) CLT 434 (Gouranga Jena Vs. Commissioner of Endowments
and others)
10. 2[ x x x ]
11. 3[ x x x ]
12. Power to enter Religious Institutions :– (1) The Commissioner,
1[the Deputy Commissioner] and Assistant Commissioners and such other
Officers professing Hindu religion as may be authorised by the Commissioner
in this behalf shall have power to enter 4[subject to the local practice, customs
or usages] 2[the premises of any Religious institution or] any place of worship
at any reasonable hour for the purpose of exercising any power conferred, or
discharging any duty imposed, by or under this Act.
2[ x x x ]
(2) If any such Of ficer is resisted in the exercise of such power or
discharge of such duty , the Magistrate having jurisdiction shall, on a written
requisition from such Officer, direct any Police Officer not being below the rank
of Sub-Inspector to render such help as may be necessary to enable the Officer
to exercise such power or discharge such duty.
(3) Nothing in this Section shall be deemed to authorise any person who
is not a Hindu to enter the premises or place referred to in Sub-Section (1) or
any part thereof.
13. Trustee bound to obey orders issued under the act :– The Trustee
of a Religious institution shall be bound to obey all orders issued under the
provisions of this Act by the State Government, the Commissioner, 1[the Deputy
Commissioner] or 5[an] Assistant Commissioner.
Notes :–  Acts and omissions of the authorities not ground to prove the
claim :– Onus lies on the plaintiff to prove that the mahant a who sold the
properties to him was the absolute owner of the property – Inference cannot be
drawn from the act or omission of the authorities under the Endowment Act and
1. Inserted vide O.A. No. 29 of 1978.
2. Omitted ibid.
3. Inserted ibid.
4. Inserted vide O.A. No. 18 of 1954.
5. Substituted vide O.A. No. 18 of 1954.
Collector to confer title of the property on the mahant a as a owner of the
properties, 2004 (I) CLR 71, (Madhu Sudan Panda and af ter him Mukta Devi
and others Vs. The Commissioner of Endowment, Orissa and others)
14. Care required of T rustee and his Powers :– (1) The Trustee of
every Religious Institution is bound to administer it s affairs and to apply it s
funds and properties in accordance with the terms of the trust, the usage of the
institution and all lawful directions which a competent authority may issue in
respect thereof and as carefully as a man of ordinary prudence would deal
with such affairs, funds and properties as if they were his own.
(2) A Trustee shall, subject to the provisions of this Act, be entitled to
exercise all powers incidental to the provident and beneficial administration of
the Religious institution and to do all things necessary for the due performance
of the duties imposed on him.
(3) A Trustee shall not be entitled to spend the funds of the Religious
Institution for meeting any costs, charges or expenses incurred by him in any
suit, appeal or application or other proceeding for, or incidental to, his removal
from Office or the taking or any disciplinary action against him .
Provided that the Trustee may reimburse himself in respect of such costs,
charges or expenses if he is specifically permitted to do so by an order passed
under Section 69.
15. Preparation of Register for all Institutions :– (1) For every Religious
institution, there shall be prepared and maintained a register showing–
(a) the names of past and present Trustees and particulars as to the
custom, or the direction of the founder, if any, regarding succession
to the Office of Trustee;
(b) particulars of all endowments of the institution and all title deeds
and other documents including the properties standing in the name
of the hereditary Trustees relating thereto ;
(c) particulars of the scheme of administration and of the scale of
expenditure.
(d) the names of all Of ficers to which any salary , emolument or
perquisite is attached and the nature, time and conditions of service
in each case ;
(e) the jewels, gold, silver , precious stones, all vessels and other
movables belonging to the institution with their estimated value ;
(f) particulars of the idols and other images in or connected with the
institution, whether intended for worship or for being carried in
processions;
(g) such other particulars as may be required by 1[the Commissioners].
1. Substituted vide Odisha Act No. 18 of 1954.
(2) The register shall be prepared, signed and verified by the Trustee of
the institutions concerned or by his authorised agent and submitted by him to
1[the Commissioner], in duplicate through the Assistant Commissioner, within
one year from the commencement of this Act or from the founding of the
institution, as the case may be, or within such further period not exceeding
one year as may be allowed by 1[the Commissioner]:
Provided that each Trustee shall be required to swear an af fidavit that
the list of properties, both movable or immovable, owned by the institution and
furnished, is exhaustive :
Provided further that this Sub-Section shall not apply where a register
so signed and verified has been submitted to 1[the Commissioner] before the
commencement of this Act.
(3) The Assistant Commissioner may , after such enquiry as he may
consider necessary, recommend such alterations, omissions or additions in
the register as he may think fit.
(4) 1[The Commissioner] may , af ter receiving the register and the
recommendations of the Assistant Commissioner with respect thereto and
making such further inquiry, as he may consider necessary, direct the Trustee
to make such alterations, omissions or additions in the register as he may
deem fit.
(5) The Trustee shall carry out the orders of 1[the Commissioner] and
then submit the register to 1[the Commissioner] for approval.
(6) A Copy of the register as approved by 1[the Commissioner] shall be
furnished to the Trustee and to the Assistant Commissioner concerned.
16. Annual Verification of the Register :– (1) The Trustee or his
authorised agent shall scrutinise the entries in the register every year, or after
such interval, as may be prescribed and submit to the Commissioner for his
approval, through the Assistant Commissioner, a verified statement showing
the alterations, omissions or additions required in the register.
(2) The Commissioner may, thereupon, af ter such inquiry as he may
consider necessary, direct what alternations, omissions or additions, if any ,
should be made in the register.
(3) A Copy of the order made under Sub-Section (2) shall be furnished
to the Trustee and to the Assistant Commissioner concerned.
(4) The Trustee shall carry out the alterations, omissions or additions
ordered by the Commissioner in the Copy of the register kept by him.
17. Trustee to furnish accounts, returns, etc. :– The Trustee of every
Religious institution shall furnish to the Commissioner , 2[the Deputy
Commissioner] or the Assistant Commissioner such accounts, returns, reports
or other informations relating to the administration of the institution in his charge,
1. Substituted vide Odisha Act No. 18 of 1954.
2. Inserted vide O.A. No. 29 of 1978.
its funds, property or income or moneys connected therewith, or the appropriation
thereof, as the Commissioner , 1[the Deputy Commissioner] or the Assistant
Commissioner may require, and at such time and in such form as he may
direct.
18. Inspection of Property and Documents :– The Commissioner, 1[the
Deputy Commissioner] or Assistant Commissioner, or any Officer or other person
deputed by the Commissioner , 1[the Deputy Commissioner] or Assistant
Commissioner in this behalf, may inspect all movable and immovable property
belonging to all records, correspondence, plans, accounts and other documents
relating to any Religious, institution; and it shall be the duty of the Trustee of
such institution and all Officers and Servants working under him, his agent and
any person having concern in the administration thereof, to af ford all such
assistance and facilities as may be necessary or reasonably required in regard
to such inspection, and also produce any such movable property or document
for inspection if so required.
2[19. Alienation of immovable trust Property :– (1) Notwithstanding
anything contained in any law for the time being in force no transfer be exchange,
sale or mortgage and no lease for a team exceeding five years of any immovable
property belonging to , or given or endowed for the purpose of, any Religious
institution, shall be made unless it is sanctioned and no such transfer shall be
valid or operative unless it is so sanctioned.
3[Explanation :– A lease for a term not exceeding five years but with a
condition of renewal permitting continuance of the lease beyond five years
shall, for the purpose of this Sub-Section, be deemed to be a lease for a term
exceeding five years.
(1-a) The fact of execution of a lease deed with a condition for renewal
or renewal of such a deed shall be communicated to the Commissioner by the
Trustee not later than fifteen days from the date of execution.
(1-b) After expiry of the term of the lease the lessee shall deliver
possession of the leasehold land to the lessor, failing which, the Commissioner
may take action in accordance with the provision of Section 68:
Provided that all structures, permanent or temporary, if any, constructed
plants and machineries and other things inst alled and kept on the leasehold
land, which is a subject-matter of a lease executed after commencement of the
Odisha Hindu Religious Endowments (Amendment) Act 22 of 1989 by the lessee,
his Servants or agents, shall become the property of the Religious institution
unless removed from the land within such period, as may be prescribed, after
expiry of the term of lease, in respect of which the Commissioner shall t ake
action under the provision of Section 68.
1. Inserted vide O.A. No. 29 of 1978.
2. Substituted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.
3. Inserted vide O.A. No. 22 of 1989.
(1-c) Notwithstanding anything contained in the proviso to Sub-Section
(1-b), no property belonging to a person other than the lessee shall be subjected
to confiscation under the said proviso, unless such person fails to remove his
property within a period of thirty days from the date of publication of a notice
which shall be issued by the Trustee within such period as may be prescribed
after the expiry of the term of lease :
Provided that any person whose property is affected under Sub-Section
(1-c), may file an application to the Commissioner claiming the property whose
decision shall, subject to the decision of the Civil Court, be final.]
(2) In according such sanction, the Comm

Excerpt shown. Open the full act in Lexace.

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