Code of Civil Procedure, 1908
Section 92 r/w
Charitable Endowment Act, 1890
Effective management and supervision of the deities’ property–– Shebait of the deities is partially wrong and such wrong record has not affected the right, title, interest and possession of the plaintiffs. ––Appellate Division has no hesitation to come to a definite conclusion to the effect. This Division is giving following directions and observations for proper and effective management of the present suit property i.e., deities’ property.
(1) The administration of the deities and its property are to be administered by a democratically elected management committee. The first management committee is to be formed following the guide lines mentioned as bellow;
(i) 1(one) representative of highly respectable hindu residents of Chattogram town to be nominated by the Deputy Commissioner, Chattogram;
(ii) 1(one) elected Hindu Commissioner/ Councilor from the Chattogram City Corporation, if any, to be nominated by the Mayor of Chattogram City Corporation. If such person is not available, the Mayor of Chattogram City Corporation shall nominate any hindu resident of Chattogram city who is of high social standing and good reputation;
(iii) 1(one) elected Hindu member of Zila Parishad, Chattogram District, if any, to be nominated by the Chairman of Zila Parishad, Chattogram. If no such person is available, the Chairman of Zila Parishad, Chattogram shall nominate any highly respectable hindu resident of Chattogram;
(iv) 1(one) Hindu representative from the District Bar Association, Chattogram to be nominated by the Executive Committee of said District Bar Association;
(v) 1(one) Judicial Officer preferably from Hindu Community, of District and Sessions Judge Court, Chattogram “Judgeship” including Magistracy to be nominated by the District Judge, Chattogram;
(vi) Shebait of the deities shall be ex officio member of the management Committee;
(vii) The Deputy Commissioner, Chattogram in consultation with the 05(five) leading Shebaits or priests of the different temples/deities of Chattogram town/district shall appoint Shebait of the Deities;
(viii) 1(one) Hindu Officer from District Police Administration, Chattogram to be nominated by the Metropolitan Police Commissioner, Chattogram, if such person is not available, any Hindu responsible officer from Chattogram District;
(ix) The members of the Management Committee shall hold the office for a period of 03(three) years. The management committee shall be reconstituted at the end of every 03(three) years;
(x) There will be no bar to re-elect a member from the respective category. In case of death, resignation or removal of any member the vacancy shall be filled up by election and tenure of such new member shall be up to the tenure of the existing committee. Charge of office shall have to be handed over by the outgoing committee to the newly formed committee within seven days of its formation.
(2) The Committee shall elect a President, a Vice President, a Secretary, a Treasurer and an Assistant Secretary from amongst the aforesaid members of Management Committee. The members of the management Committee shall discharge their powers and functions as trustees of the deities’ property in consonance with religious customs and traditions.
(3) The President shall be the Executive Head of the Management Committee and he shall preside over all the meetings. He shall have the power to direct the Secretary to convince any meeting of the Management Committee in the normal course of business with two days notice and an Emergency Meeting may be called with twenty four hours notice. If the Secretary for any reason fails to convey such meeting directed by the President, the later shall himself convene such a meeting. In the absence of the President, the Vice President shall preside over the meeting and if the President and vice-president are not available, then any senior member of the Committee shall preside over the meeting.
(4) The Secretary shall be responsible for the overall management of the affairs of the trust. The functions of the Assistant Secretary shall be assigned by the Management Committee and he shall be responsible for his activities to the Committee.
(5) Meetings of the Management Committee shall be held preferably once in every two months and must be held at least thrice in a calendar year. Quorum of the meetings will be formed with the presence of one third members of the committee. The president shall have casting vote in case of any tie. Minutes of the proceedings of such meetings shall be maintained in a bound volume as permanent record.
(6) The Management Committee shall have the right to appoint necessary employees for management of the suit property which may be found necessary by the Management Committee. The terms and conditions of their service, including salary and other benefits, shall be determined by the management Committee in consultation with the District Judge, Chattogram.
(7) The minimum educational qualification of the Shebait shall be Higher Secondary Certificate (HSC) from a recognized Board of the country or equivalent thereto.
(8) The Management Committee shall have the right to take disciplinary actions against the Shebait, and any of the employees, including suspension, termination and dismissal from service on the grounds of inefficiency, negligence, insubordination, action in any manner prejudicial to the interest of the suit property, indulging in any activity subversive to the state or of discipline, any undignified conduct not commensurate with the high ideals and sacredness of the Deity, malafide and malfeasance.
(9) The Secretary shall take proper steps to prepare and preserve:
(i) a complete record of the properties (suit property) of the deities;
(ii) he shall also maintain a separate Register of all dues payable by the Deities property, cases or rent, and other public dues, giving the exact dates by which those are required to be paid and the dates of actual payments made.
(iii) the Secretary shall arrange for safe custody and proper preservation of all important papers and correspondence relating to the property. An authenticated complete list of property, must be promptly supplied to the District Judge, Chattogram for his record;
(iv) the Secretary shall not sell or otherwise dispose of or alienate the property nor shall be leased out and mortgage the property under any circumstances and also not borrow any money from any person or authority except under a resolution of the Management Committee, duly approved by the District Judge, Chattogram;
(v) the Secretary shall keep regular accounts and preserve all vouchers. The vouchers may be destroyed after three years, if permitted by the Management Committee;
(vi) at least a month and a half before the beginning of the Fiscal Year, the Secretary shall prepare a budget of income and expenditure and obtain approval from the Management Committee. The budget shall then be placed before the District Judge, Chattogram for his approval;
(vii) the Secretary will not generally spend any amount of money beyond the budget. In case of emergency, he may spend up to taka 50,000.00 (fifty thousand) only in excess of the budget subject to approval of the Management Committee in the next meeting;
(viii) within two months after the end of the fiscal year the Secretary shall submit accounts of the property for the preceding year, audited by a certified Auditor to be nominated by the District Judge, Chattogram. The report of the Auditor shall be submitted to the Management Committee and which shall send the report with its remarks for perusal of the District Judge, Chattogram.
(10) The Deputy Commissioner and Metropolitan Police Commissioner of Chattogram shall accord all co-operations to the Management Committee in the administration, preservation and protection of the suit properties and shall provide necessary safety and security measures.
(11) If any doubt, dispute or difficulty arises amongst the member of the committee, the Management Committee may apply to the District Judge, Chattogram for necessary clarification, advice and guidelines. .....Jotilal Chowdhury =VS= Suruchi Bala Singha @Ambika Devi, (Civil), 2023(1) [14 LM (AD) 120] ....View Full Judgment