Section 43 in The Orissa Hindu Religious Endowments Act, 1951
43. Cypres application for funds.
(1)The Assistant Commissioner may, on being satisfied that the purpose of a religious institution has, from the beginning, been or has subsequently become, impossible or incapable of realisation, or that the machinery for effecting such purpose has failed or no longer exists, or that after providing adequately for the purposes of the institution and after setting apart a sufficient sum for the repair and renovation of the buildings connected therewith, there is a surplus which is not required for such purposes, by order direct that the endowments of the institution or such surplus as is declared to be available, as the case may be, be appropriated to religious educational or charitable purposes not inconsistent with the objects of the institution :Provided that, in the case of a temple founded and maintained by a community or a specific endowment attached to such a temple, the endowments or surplus shall, as far as possible, be utilised for the benefit of the community for the purposes mentioned above.(2)It shall be competent to the Assistant Commissioner when giving a direction under Sub-section (1) to determine what portion of such endowments or surplus shall be retained as a reserve fund for the religious institution and to direct the remainder to be appropriated to the purposes specified in that sub-section.(3)The Assistant Commissioner may at any time by order modify or cancel any order passed under Sub-section (1) or under the Orissa Hindu Religious Endowments Act, 1939 (Orissa Act IV of 1939).(4)The order of the Assistant Commissioner under this section shall be published in the prescribed manner and on such publication shall, subject to the provisions of Section 44, be binding on the trustee, the Executive Officer and all persons having interest.
