The Commissioner shall, in any proceeding taken up by or instituted before him under Section 25 hold a summary enquiry in accordance with the procedure laid down in Rule 43 and shall, if he is so satisfied, send requisition to the Collector of the district to deliver possession of the properties on question to the trustee of the institution or any person discharging the functions of the said trustees.
14. The Collector on receipt of requisition under Section 25 shall, after giving reasonable notice of the person in possession of the said property and to the trustee or trustees concerned, cause delivery of possession of the property to the person to whom it is to be delivered as per the requisition ' of the Commissioner.
Rule under Sections 28 and 35
15. (1) The maintenance allowance of a hereditary trustee under Section 28 (6) or 35
(4) may be fixed annually by the Commissioner and shall, in no case, exceed twelve hundred rupees a year. The rates of maintenance shall be as follows :
(a) 12 per cant of the net annual income of the religious institution concerned if it is less than Rs. 1,000;
(b) 10 per cent of the net annual income when it is Rs. 1,000 but less than Rs. 2,500;
(c) 8 per cent of the net annual income when it is Rs. 2,500 but less than Rs. 5,000;
(d) 6 per cent of the net annual income when it is Rs. 5,000 but less than Rs. 10,000;
(e) 5 per cent of the net annual income when it is Rs. 10,000 or more:
Provided that in a deserving case a suitable portion of the Prasad can be allowed by the Commissioner towards maintenance over and above the amount prescribed above.
(2) The said allowance may be paid to the trustee by monthly instalments, provided the funds of the institution so permit.
[15A. Disposal of proceeding under Section 28 (2). - Any proceeding taken up under Sub-section (2) of Section 28 shall as far as practicable, be disposed of within a period of six months from the date of framing of charges under the said sub-section.]
Rule under Section 41
16. No dispute under Section 41 or coming within the purview of that section shall be entertained or taken notice of unless it is affixed with a Court-fee as required under the Schedule and conforms to the requirements under Rules 39, 40, 41, 42 and 44.
Rules under Section 42
17. (1) When the Assistant Commissioner proposes to take action under Clause (a) of Sub-section (1) of Section 42 on his own motion or on the receipt of an application he shall give notice of his proposal or of the application, as the case may be, to the trustee or trustees and the persons having interest calling upon them to submit any representations they wish to make before a date to be fixed in such notice. After receipt of such representations, he shall fix a date for consultation with trustee or trustees and persons having interest and consider such representation and if he is satisfied that it is necessary and desirable to do so, he shall, after recording his reasons, by order, frame a scheme for the administration of the institution.
(2) In the case of religious institutions falling under Clause (b) of Sub-section (1) of Section 42 of the Act, the Commissioner after receipt of a report from the Assistant Commissioner shall give notice by publication to the trustee or trustees and the persons having interest calling upon them to submit any representations they wish to make before a date to be specified in such notice. After receipt of representations the Commissioner shall fix a date for holding an enquiry. On the date so fixed for enquiry or as soon thereafter as may be convenient, the Commissioner shall examine the witnesses produced by either party. He will also admit such of the documentary evidence which is relevant to the enquiry. In making such an enquiry he shall, as far as may be, follow the procedure under the provisions of the Code of Civil Procedure, 1908.
After the holding of such an enquiry if the Commissioner is satisfied that in the interest of the proper administration of the religious institution a scheme of administration should be settled he shall pass an order accordingly.
(3) In the matter of settling a scheme, the Commissioner shall give notice by publication to the trustee or trustees and the persons having interest calling upon them to submit proposals as to how best such a scheme may be framed before a date to be specified in such notice. The Commissioner shall consider such proposals and settle a scheme for the institution as provided in Sub-section (2) or (3) of the said section, as the case may be.
18. (1) Every order setting, modifying or cancelling a scheme under Sub-sections (1) and (6) of Section 42 shall be published as follows :
(i) by affixture on the notice-board or front door of the Math or temple concerned ;
(ii) by publication in the Orissa Gazette at the cost of the temple or Math concerned.
Rule under Section 43 (4)
19. The manner of publication of the order of the Assistant Commissioner under Subsection (4) of Section 43 of the Act shall be the same as provided in Rule 18.
Rule under Section 54