Section 39 in The Orissa Hindu Religious Endowments Act, 1951
39. Appointment of successors by hereditary trustees.
- When the hereditary trustee of a math nominates his successor he shall give intimation in writing to [the Commissioner] [Substituted vide Orissa Act No. 18 of 1954.], Subsequent changes in the nomination may also be intimated within three months of the nomination. For purpose of succession the last nominee so intimated shall be recognised by [the Commissioner] [Substituted vide Orissa Act No. 18 of 1954.], If no appointment is made during life-time of the trustee, [the Commissioner] [Substituted vide Orissa Act No. 18 of 1954.] shall have full power to appoint an Executive Officer and the trust shall be brought under the direct control of [the Commissioner] [Substituted vide Orissa Act No. 18 of 1954.] and shall be treated as an institution under Chapter VII. In making this appointment [the Commissioner] [Substituted vide Orissa Act No. 18 of 1954.] shall have due regard to the custom and usage and tenets of the math. Any person aggrieved by the decision may within ninety days from the date of the decision institute a suit in a competent Court of law to establish his right to the office of the hereditary trustee but pending the result of such suit, if any, the order of [the Commissioner] [Substituted vide Orissa Act No. 18 of 1954.] shall be final.
