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Section 60: Custody and investment of the funds of the religious institutions

The Orissa Hindu Religious Endowments Rules, 1959State Rules of Odisha · 1952

(1) Subject to the provisions of any scheme should or deemed to have been settled for a religious institution, the money recovered on behalf of a religious institution shall be in the custody of the trustee of the said institution or such officer as the trustee may appoint in this behalf and shall be lodged in the name of the religious institutions represented by the said trustees or Executive Officer, as the case may be, and shall be operated by him in one of the following Banks :

(a) The State Bank of India, or

(b) The Orissa State Co-operative Bank, or

(c) A Post Office Savings Bank, or

(d) Such Central Co-operative Banks as have been approved by the Registrar, Cooperative Societies for the investment of funds or District Boards and Municipalities.

(2) In case of security deposits the money shall be kept in the Post Office Savings Bank and pledged to the authority concerned.

(3) The Commissioner may frame such detailed rules as may be necessary in respect of any religious institution regarding deposit of its balances and its withdrawal by the trustee or the Executive Officer, as the case may be.

61. No money shall be withdrawn from the Bank unless it is required for immediate payment for the purposes of the religious institution.

Rules under Section 76 (1)

62. (1) The following officers shall furnish a cash security of the sum mentioned against them at the time of their appointment :

Rs.

1. Secretary to the Endowment Commissioner 500

2. Accountant 300

3. Assistant Accountant 200

4. Inspectors 500

5. Treasury Sarkar 100

(2) These cash securities shall ordinarily be kept in a Post Office Savings Banks Account opened in the name of the employee concerned and shall be pledged to the Commissioner by the employee.

(3) No money shall be withdrawn from the pass book unless it is required for being adjusted.

63. These rules shall apply mutatis mutandis to officers and servants of all religious institutions.

64. (1) Every cashier, store-keeper and every other officer or servant of religious institution who is entrusted whether permanently or temporarily with the custody of cash or stores or valuables or collections belonging to the institution shall furnish security and execute a security bond in the name of the institution.

(2) The amount of security to be furnished by any officer or servant shall be fixed by the appointing authority, subject to the approval of the Commissioner or the Assistant Commissioner having regard to the circumstances of the institution concerned, the nature of the post, the value of properties to be entrusted and local conditions.

(3) Where a person holding a post for which security has been furnished by him is appointed to another post for which the security fixed is higher than the amount of security already furnished by him or is appointed to an additional post for which security is necessary or has been fixed, he shall within three months of his assumption of duties thereof furnish the required additional security.

(4) The security to be furnished by a person may be in the form of-

(a) cash, or

(b) promissory notes of the State Government or Union Government, or

(c) Post Office Savings Bank Deposits, or

(d) Post Office Cash Certificates and National Savings Certificates.

(5) Where security is furnished in the form of cash, it shall be invested in the Post Office Savings Bank Deposits in the name of the person and the pass book pledged to the Commissioner. No money shall be withdrawn from the pass book without the permission of the Commissioner unless it is required for being adjusted.

65. (a) The trustee of a religious institution shall submit to the Commissioner annually, six months before the end of the year, a report on the building works which is desirable or necessary to carry out during the succeeding year, setting out the need for, and the details of the works and giving a rough estimate of the expenditure involved and of the manner in which the expenditure on the works is proposed to be met :

Provided that the Commissioner will have discretion to entertain proposals for urgent building works at any other time.

(b) In all matters relating to proposals for construction, reconstruction, alteration or additions, etc., to any religious institution, the Commissioner shall be the final authority to give such directions as to the amount to be spent, the necessary consultations to be made and other things to be done as he may deem necessary.

(c) No such construction, alteration, etc., as above referred to shall be undertaken without obtaining the previous sanction in writing by the Commissioner.

(d) In all cases the Commissioner shall require the donor or the trustee to deposit the estimated amount in a Postal Savings Bank pledged to the Commissioner and shall direct release of such amount as he may think it necessary for the proper execution of the work.

Rule under Section 76 (m)

66. For the improvement and increase in the income of an institution, the trustee, with the previous permission of the Commissioner, may construct rented houses inside the premises of the institution or a temple, provided such construction does not in any way obstruct or inconvenience the free entrance of the public into the temple or in any way affect the decorum of the institution or temple.

Rule under Section 76 (q)

67. (1) No person who does not profess Hindu religion or who is suffering from any contagious or infectious disease either congenital or supervening and no person who is suffering from any mental or physical infirmity which renders him unfit for service, shall be appointed or succeeded to or hold any office in religious institution. Any doubt or dispute as to whether a person is qualified under this rule shall be decided by the trustee by obtaining a certificate of physical fitness from the nearest Civil Assistant Surgeon. Any person aggrieved by an order of the trustee may file an appeal to the Commissioner within a month of the date of receipt by him of the trustee's order.

(2) Except in the case of a hereditary officer or servant, no person shall be appointed to or hold any office unless he is more than twenty-five and less than sixty years of age.

(3) Whenever a trustee imposes any punishment on the temple servants he shall pass an order in writing stating the grounds for the action taken and serve a copy on the employee.

[67A. Security deposit by non-hereditary trustees. - (1) The appointing authority may, while appointing any non-hereditary trustee, require him to furnish cash security of such amount as he deems fit :

Provided that before doing so the appointing authority shall consult the concerned Regional Advisory Committee.

(2) The provisions contained in Sub-rule (5) of Rule 64 shall apply in respect of the security, if any, furnished under Sub-rule (1).]

68. If a hereditary outdoor servant is unable to discharge the duties attached to the office, personally, he or she may, with the previous approval of the trustee, nominate a duly qualified person as his or her deputy and such deputy may on recognition by the trustee hold the office subject to the rights and liabilities of the person who nominated him.

69. No person shall generally be appointed to the post of outdoor servant to which the duties of maintenance and custody of accounts and register, collection of incomes and custody of cash or other valuables are attached, unless he has passed the M.E.

standard and no person shall be appointed to such a post carrying a pay of Rs. 40 per month or more unless he is a Matriculate.

70. Hereditary and non-hereditary servant shall be entitled to leave on medical certificate with half pay for a period of sixty days in their total service; provided that such leave shall not be granted for more than ten days in a year.

Note - Leave may be granted under these rules to the hereditary or non-hereditary Sevaks or Archaks on their providing proper substitutes to the satisfaction of the appointing authority.

71. Service register shall be maintained by trustees for all permanent officers and servants including Sevaks and Archaks. These registers shall be verified by the trustees once in a year in January and a certificate to that effect entered in the register.

Where this provision sits

ActThe Orissa Hindu Religious Endowments Rules, 1959
Section60
Marginal noteCustody and investment of the funds of the religious institutions
JurisdictionState of Odisha
StatusIn force as published by the source

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