Section 42 in The Orissa Hindu Religious Endowments Act, 1951
42. [Power to frame schemes] [Substituted vide Orissa Act No. 29 of 1978-w. e. f. 7.6.1978.].
(1)[Whenever there is reason to believe that in the interest of the proper administration of a religious institution a scheme may be settled for it, or when not less than five persons having interest make an application in writing stating that in the interests of the proper administration of a religious institution a scheme should be settled for it, the Assistant Commissioner] [Substituted vide Orissa Act No. 18 of 1954.] or [the Deputy Commissioner] [Substituted vide Orissa Act No. 29 of 1978-w. e. f. 7.6.1978.], as the case may be, shall proceed to frame a scheme in the manner hereinafter provided-(a)in the case of a religious institution managed by a non-hereditary trustee the Assistant Commissioner shall consult in the prescribed manner the trustee and the persons having interest, and if after such consultation he is satisfied that it is necessary or desirable to do so, he shall after recording his reasons therefor by order frame a scheme for the administration of the institution;(b)in the case of a religious institution presided over or managed by a hereditary trustee, the Assistant Commissioner shall make such enquiry as he thinks fit and submit his report to the Deputy Commissioner who shall hold an enquiry in the manner prescribed and so far as may be, in accordance with the provisions of the Code of the Civil Procedure, 1908 (V of 1908) relating to the trial of suits and if he is satisfied that in the interests of the proper administration of such institution a scheme of administration should be settled, he shall consult in the prescribed manner the trustee and the persons having interest and by order settle a scheme of administration for the institution.(2)A scheme settled under Sub-section (1) for a temple or its specific endowment may contain provision for-(a)fixing the number of non-hereditary trustees;(b)removing any existing trustee, whether hereditary or non-hereditary anything in Section 28 to the contrary notwithstanding :Provided that where provision is made in the scheme for the removal of a hereditary trustee, provision shall also be made therein for the appointment as trustee of the person next in succession who is qualified;(c)appointing a new trustee or trustees in addition to, or in the place of, any existing trustee or trustees;(d)defining the powers and duties of the trustee or trustees;(e)the appointment of a paid Executive Officer, who shall be a person professing the Hindu religion, on such salary as may be fixed to be paid out of the funds of the institution; and defining the powers and duties of such trustee or officer :Provided that the Executive Officer so appointed shall, for purposes of Section 68 be deemed to be a person appointed to discharge the functions of a trustee under this Act;(f)appointing an Advisory Board where necessary in respect of institution where an Executive Officer is appointed as may be prescribed.(3)A scheme settled under Sub-section (1) for a math may contain provision for-(a)[* * *] [Omitted vide Orissa Act. No. 18 of 1954.] the appointment of a paid Executive Officer, who shall be a person professing the Hindu religion, on such salary as may be fixed to be paid out of the trust funds, and defining the powers and duties of such officer :Provided that the Executive Officer shall, for purposes of Section 68, be deemed to be a person appointed to discharge the functions of a trustee under this Act :[* * *] [Omitted vide Orissa Act. No. 29 of 1978.](b)defining the powers and duties of the trustee;(c)[ associating one or more person with the trustee or constituting a separate body for the purpose of participating or assisting in the whole or any part of the administration of the endowment of such math or of the specific endowment ; provided that such person or persons or the members of such body shall be chosen from persons having interest in such math or endowment.] [Inserted vide Orissa Act No. 18 of 1954.](4)The Assistant Commissioner [or the Commissioner] [Substituted vide Orissa Act No. 18 of 1954.], as the case may be, may determine what the properties of the religious institution are and append to the scheme a schedule containing a list of such properties:Provided that the absence of such a schedule shall not invalidate the scheme :Provided further that such determination shall not affect the rights of persons who are in hostile possession of any of the said properties.(5)[The Deputy Commissioner] [Substituted vide Orissa Act No. 29 of 1978-w. e. f. 7.6.1978.] or the Assistant Commissioner, as the case may be, may, pending the framing of a scheme for a temple or a specific endowment [suspend the trustee] [Inserted vide Orissa Act No. 29 of 1978-w. e. f. 7.6.1978.] appoint a fit person to discharge all or any of the functions of the trustee thereof and define his powers and duties.(6)The authority framing a scheme may, at any time, after consulting the trustee and the persons having interest, by order, modify or cancel any scheme settled under Sub-section (1) or under Orissa Hindu Religious Endowments Act, 1939 (Orissa Act IV of 1939].(7)Every order of the Assistant Commissioner [or the Deputy Commissioner] [Substituted vide Orissa Act No. 29 of 1978-w. e. f. 7.6.1978.] settling, modifying or cancelling a scheme under this section shall, subject to the provisions of Section 44, be binding on the trustee, the Executive Officer and all persons having interest.(8)[ An Executive Officer appointed in pursuance of a Scheme framed under this section may be removed by the appointing authority for all or any or any of the reasons specified in Section 28 and an appeal against the order of removal, if passed by the Assistant Commissioner or [the Deputy Commissioner] [Inserted vide Orissa Act No. 29 of 1978-w. e. f. 7.6.1978.], shall lie to [the Commissioner] [Substituted vide Orissa Act No. 18 of 1954.] if preferred within thirty days, from the date of order.]
