BIHAR HINDU RELIGIOUS TRUSTS (AMENDMENT) ACT, 1992

Preamble - BIHAR HINDU RELIGIOUS TRUSTS (AMENDMENT) ACT, 1992

 

THE BIHAR HINDU RELIGIOUS TRUSTS (AMENDMENT) ACT, 1992

[Act No. 21 of 1992][1]

PREAMBLE

An Act to amend the Bihar Hindu Religious Trust Act, 1950.

Be it enacted by the Legislature of the State of Bihar in the Forty third year of the Republic of India as follows:-

Section 1 - Short title, extent and commencement

(1)     This Act may be called the Bihar Hindu Religious Trusts (Amendment) Act, 1992.

(2)     It extends to the whole of the State of Bihar.

(3)         It shall come into force at once.

Section 2 - Substitution of Section 6 of Bihar Act, 1 of 1951

In the Bihar Hindu Religious Trusts Act, 1950, (Bihar Act, 1 of 1951) (hereinafter referred to as the said Act) for Section 6, the following shall be substituted, namely:-

"6. Strength of the Board

The Bihar Board of Religious Trusts, the Bihar State Board of Swetamber Jain Religious Trusts and the Bihar State Board of Digamber Jain Religious Trusts, shall each consist of not more than eleven members"

Section 3 - Amendment of Section 8 of Bihar Act, 1 of 1951

In the sac Act in Section 8.

(1)     for sub-section (i) the following shall be substituted, namely,

"(i)  The members of the Board including the President shall be appointed by the State Government, by notification in the Official Gazette from the following categories of persons in such manner that at least one person from each of the said categories shall be appointed.

(a)      Hindu Members of State Legislature and/or Hindu Members of Parliament representing the State:-

(b)      Persons, who are or have been a member of the Bihar Civil Service (Executive or Judicial Branch) or a. member of the Bihar Superior Judicial Service or the Indian Administrative Service;

(c)      The Sadhus of the State having interest in Hindu Religious Trusts.

(d)      Person having interests in management, control and experience of managing Hindu Religious Trusts of repute and know for their commitments for the Hindu religion.

(e)      Advocates of the State known for their experience in dealing with Hindu Religious Trusts Laws.

(2)         In sub-section (4) the bracket and figure "(1) shall be deleted.

Section 4 - Insertion of a new Section after Section 8 of Bihar Act 1 of 1951

In the said Act after Section 8 the following new Section shall be inserted, namely;-

"8A-The Board of Hindu Religious Trust shall, from the date of coming into force of the Bihar Hindu Religious Trusts (Amendment) Act, 1992, ceases to function and the Government, shall appoint an Administrator to exercise all the powers of the Board till the new Board under Section 8 is constituted"

Section 5 - Amendment of Section 13 of Bihar Act 1 of 1951

In the said Act after sub-section (2) of Section 13 a new provision shall be added, namely:-

"Provided that the President shall be entitled to an honorarium of not less than rupees one thousand per month and allowances from the Board as may be fixed by the State Government from time to time".

Section 6 - Amendment of Section 17 of Bihar Act 1 of 1951

In the said Act for sub-section (1) of Section 17 the following shall be substituted, namely:-

"(1) Four members shall form the quorum for a meeting of each of the Bihar State Board of Hindu Religious Trusts, Bihar State Board of Swetamber Jain Religious Trusts and the Bihar State Board of Digamber Jain Religious Trusts".

Section 7 - Amendment of Section 25 of Bihar Act 1 of 1951

In the said Act in sub-section (1) of Section 25 after the words "by the Board" the words "or the President as the case may be" shall be inserted.