Back
THE BIHAR HINDU RELIGIOUS TRUST (AMENDMENT) ACT, 2013
THE BIHAR HINDU RELIGIOUS TRUST (AMENDMENT) ACT, 2013
[Bihar Act 4, 2013]
An Act to amend The Bihar Hindu Religious Trust Act, 1951
Be it enacted by the Legislature of the State of Bihar in Sixty-fourth year of the Republic of India follows :-
1. Short title, Extent and commencement .—
(1) This Act may be Called the Bihar Hindu Religious Trust (Amendment) Act, 2013.
(2) It shall extend to the whole of the State of Bihar.
(3) It shall come into force at once.
2. Amendment in Section-7 of the Bihar Act, 1 of 1951.-
In the Bihar Hindu Religious Trust Act, 1950 (Bihar Act-1 of 1951) (herein after referred as the said Act) section-7 shall be deleted.
3. Amendment in Section-8 of the Bihar Act, 1 of 1951.-
In the said Act in Section-8 of sub-section (2), (4) and (5) shall be substituted by the following; namely-
“(2) The members of the Bihar State Board of the Swetamber Jain Religious Trust Including 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 but not more than two from each of the said categories, shall be included.
(a) Elected member of the State Legislature/Parliament/Municipality/ three tier Panchayat belonging to Swetamber Jain Society.
(b) Persons, who are or have been a member of Bihar Service (Executive or Judiciary or any other Superior Service) or a member of Superior Judicial Service or All India Service.
(c) Trustee of Swetamber Jain Religious trust registered under this Act.
(d) Persons having interest in management, control and experience of managing Swetamber Jain Religious Trust of Repute and known for their commitments for the Swetamber Jain Religion.
(e) Advocates of the State known for their experience in dealing with Swetamber Jain Trust Laws.
(f) Traders of repute from Swetamber Jain Religion of the State.
(g) Renowned Scholars of Swetamber Jain Religion from the State of Bihar.
(4) The State Government shall appoint one from amongst the members appointed under sub-section (1), (2) or (3), as the case may be, the president of the Board.
(5) The term of the office of the President and members of every Board shall, save as otherwise provided in the Act, be five years from the date of the Publication of their names in the official Gazette under Section 12 of this Act and shall include any further period which may elapse between expiration of the said five years and the date of the first meeting of the next succeeding Board at which a quorum is present."
4. Substitution of Section 8A of the Bihar Act 1 of 1951.-
In the said Act Section 8A shall be substituted by the following namely-
“8A. Appointment of Administrator.- The Government shall appoint an Administrator to exercise all the powers of the Board when the Board is superseded or after the lapse of the terms of the Board and till the new Board under Section-8 is constituted”
5. Deletion of Section-11 of the Bihar Act, 1 of 1951.-
In the said Act in Section-11 number and bracket and word "(1), (2) or " shall be deleted.
6. Amendment in Section 80 of the Bihar Act, 1 of 1951.-
In the said Act sub-section (2) of section-80 shall be substituted by the following, namely-
“(2) The members of the Board who vacate office by reason of a declaration made under sub-section (1) shall be deemed disqualified, unless the State Government otherwise direct, for re-appointment."
7. Amendment in Section 81A of the Bihar Act, 1 of 1951.-
In the said Act clause (c) of section-81A shall be substituted by the following, namely-
“(c) where the constitution of the Board has been declared illegal by the court, an Administrator shall be appointed, and appointment of Administrator under this Act, shall be made for the purpose of reconstituting the Board under section 8 of the Act, within a period of 48 months from the date of the order.”
8. Amendment in Section-82 of the Bihar Act, 1 of 1951.-
In the said Act after subsection (2) of section-82 a new sub-section (3) shall be added by the following namely-
“(3) Rules and by-laws made under this Act shall be laid, as soon as may be, after it is made, before the House of the legislature, while it is in Session for a total period of fourteen days. This period may be comprised in one session or in two or more successive sessions.”
