Section 30 in The Orissa Hindu Religious Endowments Act, 1951
30. Filling up of vacancies in the office of hereditary trustee.
- When a permanent vacancy occurs in the office of the hereditary trustee of such religious institution the next in the line of succession shall be entitled to succeed to the office.(2)When a temporary vacancy occurs in such an office by reason of the suspension of the hereditary trustee under Sub-section (1) of Section 28 or by reason of his ceasing to hold office under the provisions of Section 29, the next in the line of succession shall be appointed to discharge the functions of the trustee until his disability ceases.(3)When a permanent or temporary vacancy occurs in such an office and there is a dispute respecting the right of succession to the office, or when such vacancy cannot be filled up immediately or when a hereditary trustee is minor and has no legally constituted guardian fit and willing to act as such or there is a dispute respecting the person who is entitled to act as such guardian, the [* * *] [Omitted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.] Commissioner may, [* * *] [Omitted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.] appoint a fit person to discharge the functions of the trustee of the institution until the disability of the hereditary trustee ceases or another hereditary trustee succeeds to the office or for such shorter term as the [* * *] [Omitted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.] Commissioner may direct. The Commissioner [* * *] [Omitted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.] shall have power to remove such interim trustee for the reasons specified in Section 28.Explanation - In making any appointment under this sub-section [* * *] [Omitted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.] the Commissioner, shall have due regard to the claims of members of the family, if any, entitled to the succession.(4)[ Nothing in this section shall affect the right of any person aggrieved by an order of the Commissioner under Sub-section (3) to establish the right to hold office of the hereditary trustee in a Court of law :Provided that such Court shall have no power to stay the operation of the Commissioner, pending the disposal of the suit or other proceedings arising in relation thereto.] [Substituted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.]
