Section 68 in The Orissa Hindu Religious Endowments Act, 1951
68. Putting trustee or Executive Officer in possession.
(1)Where a person has been appointed-(a)as trustee or Executive Officer of a religious institution; or(b)to discharge the functions of a trustee of a religious institution in accordance with the provisions of this Act; or(c)as the Executive Officer in any scheme settled under the provisions of the Orissa Hindu Religious Endowments Act, 1939 (Orissa Act IV of 1939) and such person is resisted in, or prevented from, obtaining possession of the religious institution or of the record, accounts and properties thereof, by a trustee, office-holder or servant of the religious institution who has dismissed or suspended from his officer or is otherwise not entitled to be in possession, or by any person claiming or deriving title from such trustee, office-holder or servant, other than a person claiming in good faith to be in possession of his own account or on account of some person not being such trustee, office-holder or servant,the Assistant Commissioner concerned shall, on application by the person so appointed, direct delivery of possession of.the religious institution and its endowments or the records, accounts and properties thereof, as the case may be, to him in the prescribed manner.Explanation - A person claiming under an alienation contrary to Sub section (1) of Section 19 and Section 24 shall not be regarded as a person claiming in good fait i within the meaning of this section.(2)The Assistant Commissioner and any person authorised by him or acting under his written instructions in the prescribed form, may, for the purpose of delivery of possession under Sub-section (1), take or cause to be taken such steps and use or cause to be used such force as may, in his opinion, be reasonably necessary and may also enter upon any land or other property whatsoever and in the event of any apprehension of breach of peace in the course of such delivery of possession, the Superintendent of Police shall, on a requisition from the Assistant Commissioner in the prescribed manner, provide such police aid as may be necessary for the purposes.(3)(a)[The Commissioner] [Substituted vide Orissa Act No. 18 of 1954.] may also make a requisition to the Collector of the district in which the property of the math or temple or endowment is situated, in the prescribed form to deliver its possession to the trustee.(b)On receipt of a requisition under Clause (a) the Collector shall serve a notice on the person reported to be in occupation or his agent to vacate the said property within such time as the Collector may specify in the said notice. If such notice is not obeyed, the Collector shall remove him or depute a subordinate officer to remove such person or agent. In the case of any resistance or obstruction the Collector shall hold a summary enquiry into the facts of the case and if satisfied that the resistance or obstruction was without any just cause and that such resistance or obstruction still continues, may issue a warrant for the arrest of the said person and on his appearance may send him with a warrant in such form as may be prescribed for imprisonment in the civil jail of the district for a period not exceeding thirty days as may be necessary to prevent the continuance of such resistance or obstruction.(4)No suit, prosecution or other legal proceedings shall lie against the Assistant Commissioner or any person acting under his instruction or authorised by him for anything done in good faith under Sub-sections (1) and (2).(5)Every person authorized by [the Commissioner] [Substituted vide Orissa Act No. 18 of 1954.] or acting under his instructions in pursuance of this section shall be deemed to be a public servant' within the meaning of Section 21 of the Indian Penal Code (XLV of 1860).(6)[ The provisions contained in this section shall mutatis mutandis apply to cases-(a)for delivery of possession of a religious institution alongwith its endowments or records, accounts and properties thereof to a succeeding hereditary trustee ; and(b)for recovery of pension of leasehold land belonging to a religious institution after expiry of the term of the lease.]
