The application of the trustee or the Executive Officer appointed under the Act shall be in writing and shall state whether a demand for possession has made and if so, the nature of resistance offered, and the names and addresses of the persons offering resistance. It shall also be accompanied by three copies of the schedules of the properties of the Math, temple or the religious endowment with full description for identification.
Rules under Section 68
33. (a) When the Assistant Commissioner is satisfied that the resistance or the obstruction was occasioned by the ex-trustee, office-holder or servant of the Math, temple or religious Endowment or by some other person at his instance, he may, after hearing the person or persons reported against, shall either put the applicant in possession himself of by an order in Form 'L' direct an Inspector of Endowments within whose jurisdiction the institution is situate, or any other officer under him. The Commissioner may also at his own instance or at the request of the Assistant Commissioner make a requisition in Form 'N' to the Collector of the district in which the institution is situate, to put the applicant in possession.
(b) In case of apprehension of a breach of peace, the Assistant Commissioner may apply to the Superintendent of Police of the district in Form 'M' for such assistance as may be necessary to prevent any breach of peace and the authority to whom such application is made shall provide immediately such police as may be necessary for the purpose.
(c) The delivery of possession shall be made on any day after sunrise and before sunset and not otherwise.
(d) Where the immovable property in the occupancy of a tenant or other person entitled to occupy the same and not bound to relinquish such occupancy is for delivery, the officer entrusted with the delivery of possession shall cause delivery to be made by affixing a copy of the order directing delivery of possession, in some conspicuous place on the property and proclaiming to the occupant or occupants by beat of drums where they reside to the effect that the interests of the outgoing trustee or office-holder have passed to the person appointed as trustee or Executive Officer to whom delivery of possession has been directed.
(e) Where possession of any building or enclosure is to be delivered and the person in possession, being bound by the order, does not afford free access, the Assistant Commissioner through the officer executing the writ, may, after giving reasonable warning and facility to any woman not appearing in public according to the customs of the country to withdraw, remove or open any lock or bolt or break open any door or do any other act necessary to put the trustee or Executive Officer in possession.
(f) The officer executing the writ shall furnish a brief report regarding the manner of execution and such report shall be attested by at least two witnesses and also obtain a receipt from the person put in possession by him in token of delivery of possession.
34. The form of warrant referred to in Clause (b) of Sub-section (3) of Section 68 will be in Form 'P' of the Appendix.
35. The tour of the Commissioner and that of the Assistant Commissioner shall be subject to the control of the State Government and the Commissioner respectively.
Forms and Manner of Application Rules under Section 76
36. All applications, affidavits, memoranda of appeals and other proceedings presented to the Government, Commissioner, the Assistant Commissioner shall be written, typewritten or printed, fairly and legibly on substantial white foolscap folio paper with an outer margin about 2 inches wide and an inner margin about one inch wide and separate sheets shall be stitched together bookwise. The writing or printing may be on both sides of the papers and numbers shall be expressed in figures.
37. All applications under Sections 7, 9, 19, 21, 25, 41, 43 and 68 of the Act, made to the Commissioner or the Assistant Commissioner, as the case may be, shall be signed by the party or his agent duly authorised by a power-of-attorney and every petition under Sub-sections (1) and (6) of Section 42 shall be signed by the applicants. Except in respect of applications under Sections 19 and 25 which can be sent by registered post, all other applications shall be presented at the office of the Commissioner in person by the parties or any one of them duly authorised or by a Vakil duly appointed during office hours. All appeals, revision or review applications either to the Assistant Commissioner, Commissioner or to the State Government shall be presented either in person or by a duly appointed Vakil or duly authorised agent during office hours at their respective offices.
38. (1) Such applications and appeals to the State Government, the Commissioner or the Assistant Commissioner shall be headed with a cause title in the following form. The names of parties being separately numbered and described as applicants and respondents, as the case may be.
Before the Government of Orissa In the Court of the Commissioner for Hindu Religious Endowments, Orissa In the Court of the Assistant Commissioner for Hindu Religious Endowments, Orissa.
Application No..............of 20.....
Under Section...........of Orissa Hindu Religious Endowments Act, 1951 (Orissa Act 11 of 1952).
Between ...........................Applicant (s) and .............................Respondent (s)
(2) The memorandum of appeal or revision shall contain the names of the authority against whose decision the appeal or revision is preferred the serial number and the date of such decision and the names of the parties separately numbered and described as appellants and respondents. The appeal shall be accompanied by a certified copy of the order appealed against.
39. All applications and appeals shall state in distinct paragraphs the reliefs sought and the grounds on which they are sought and shall be verified at the foot in the manner provided for a plaint in the Civil Procedure Code, 1908.
40. Where an application or memorandum of appeal or other proceedings is presented on behalf of a party by a Pleader, such Pleader shall file a Vakalatnama duly executed and attested in the manner required by the Civil Procedure Code. Where a Pleader files a Vakalatnama in a pleading, a fresh or additional Vakalatnama shall not be necessary in interlocutory application or connected proceedings before the same authority.
[41. While presenting an application to the Assistant Commissioner or the Commissioner or a memorandum of appeal to the Commissioner or the State Government the party presenting the same shall file alongwith it as many true copies thereof as there are opposite parties or, as the case may be, respondents together with three additional copies and every such copy shall be duly signed by the parties or any of them or by their Pleader.]
42. If the application or the appeal is not in conformity with the provisions of these rules, the Commissioner, Assistant Commissioner or the Government may return them for being brought into such conformity and represented within a reasonable period to be specified which may, however, be extended at his or their discretion.
Rule under Section 76 (d)
43. In relation to all proceedings before the Commissioner or the Assistant Commissioner against whose orders an appeal lies to the High Court under the provisions of the Act, the Commissioner or the Assistant Commissioner, as the case may be, shall follow the provisions of the Civil Procedure Code, the Indian Evidence Act and the G.R.C.O. of the Orissa High Court as far as practicable and in so far as they are consistent with the Act and the rules. In every other case the enquiry will always be of a summary nature and shall be conducted as in respect of suits of small cause nature with due notice to persons affected by the enquiry.
Venue of enquiry - The hearing of any enquiry under the Orissa Hindu Religious Endowments Act may be taken up at any place fixed by the Commissioner or the Assistant Commissioner, as the case may be, where, in the interest of justice and for conveniences of parties, such a step is considered desirable.
Rules under Section 76 (e)
44. Inspection of documents and fees to be levied for such inspection-Any party to a proceeding before the Commissioner or an Assistant Commissioner desirous of inspecting any record of such proceeding or any other proceeding connected therewith, may apply to the Commissioner or the Assistant Commissioner, as the case may be, for permission to inspect such record.
45. Every such application for such inspection shall specify the number of the proceeding and all informations necessary to identify the record required for inspection.
It shall also state the purpose for which inspection is sought.
46. It shall be in the discretion of the authority concerned to grant or withhold permission for inspection of all or any part of the record applied for inspection.
47. If permission for inspection is granted, the inspection shall be made in the presence of an officer authorised in this behalf and a fee of Re. 1 for each application in cash shall be paid.
48. When the proceeding, the record of which is sought to be inspected, is not pending and relates to previous years, a search fee of fifty paise per each year shall be in cash after the permission for such inspection is granted.
49. Subject to the provisions of Rule 46, any person having interest may apply to the Commissioner, or the Assistant Commissioner to inspect the record of any proceeding which has been disposed of, whether he was a party thereto or not. Such application shall be supported by an affidavit stating his interest and specifying the purpose for which the inspection is sought.
Rule under Section 76 (f)