Bye-Laws for the State Board of Digamber Jain Religious Trusts

{
    "id": 15555,
    "slug": "bye-laws-for-the-state-board-of-digamber-jain-religious-trusts",
    "title": "Bye-Laws for the State Board of Digamber Jain Religious Trusts",
    "short_title": "Bye-Laws for the State Board of Digamber Jain Religious Trusts",
    "act_number": "bh335",
    "act_year": 0,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Bye-Laws for the State Board of Digamber Jain Religious Trusts",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Definition.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": true,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Conduct of the proceedings of the Board.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Absence of quorum.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Re-opening of decided question.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Proposals of thanks, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Closure of debate.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Recording of Votes.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Minutes of proceedings.",
            "chapter": null,
            "content": "9.\n10.\n(1) One Superintendent-Rs. 350-15-380-30-590-E. B. -30-770-40-850;\n(2) One Senior Assistant-Rs. 120-8-200.\n(3) Three Junior Assistants-Rs. 70-3-85-E.B. -4-105-2-140;\n(4) One Accountant-cum-Cashier-Rs.120-4-140;\n(5) Ten Inspectors-Rs. 125-250;\n(6) Four Auditors-Rs. 150-5-2-175-7/2-215-E.B.-2-250;\n(7) One Stenographer-Class 1-Rs. 125-250;\n(8) Two Typists-Rs. 60-2-80-E.B.-2-100;\n(9) Sixteen peons-Rs. 22 1/2-1/2-27 1/2;\n(10) One Record Supplier-Rs. 28-1/2-40:\n11.\n12.\n13.\n14.\n15.\n16.\n17.\n(a) to prepare and maintain a complete record of all religious trusts in the State;\n(b) to prepare and maintain a register containing copies of all documents creating any religious trust;\n(c) to take measures for the recovery of lost property of any religious trust;\n(d) to authorise the Superintendent or any member, officer or servant of the Board to inspect the property and the office of any religious trust;\n(e) to call for information, reports, returns and other documents from trustees;\n(f) to give directions for the proper administration of a religious trust in accordance with the law governing such trust and the wishes of the founder in so far as wishes can be ascertained and are not repugnant to such law;\n(g) to direct the deposit of the endowment money of a religious trust in the hands of a trustee in the State Bank of India or any Bank approved by the State Government;\n(h) to control and administer the Trust Fund subject to the general supervision of the State Government;\n(i) to keep correct and regular accounts of the receipt and disbursements of the Board and submit the same for audit;\n(j) to furnish to the State Government any statement, report, return or other document and any information which the State Government may require;\n(k) to institute an enquiry relating to the administration of any religious trust;\n(l) to direct the trustee of a religious trust to institute in a court of law any suit or proceeding in respect of the trust or any matter connected therewith;\n(m) to defend any suit or proceeding instituted with respect to religious trusts;\n(n) to direct the trustee of a religious trust to apply to the appropriate officer or authority to enter in a record of right or municipal record, if any, the right, title or interest of such trust in any immovable property;\n(o) to realise out of income of any religious trust the costs incurred by the Board in any suit or proceedings instituted under clauses (o), (p) or (q) of Section 28(2);\n(p) to permit a trustee to retire from office;\n(q) to extend, for sufficient reason, the time within which any act or thing is required or ordered to be done before the Board under any of the provisions of the Act;\n(r) to settle schemes for proper administration of religious trusts;\n(s) to appoint temporary trustees;\n(t) to prepare and maintain a register of all religious trusts in the State;\n(u) to grant copies of proceedings and records and any other documents on payment of fees;\n(v) to make certain payments on behalf of the religious trusts and to recover the same from the property of the trusts concerned;\n(w) to make application to the District Judge in case of failure of performance of any religious, pious or charitable act the performance of which is charged on any property;\n(x) to make an application to the District Judge to compel the trustees to discharge obligations or for the appointment of a receiver;\n(y) to permit any person interested in a religious trust to make an application to the District Judge for removal of a trustee or the appointment of trustee;\n(z) to make an application to the District Judge where the object of any trust is vague or uncertain;\n(zi) to apply to the Court for addition of the Board as a party to any suit or proceeding instituted in respect of any religious trust or property by a trustee or any other person;\n(zii) to accord approval to compromise, arrangement, etc., in any suit or proceeding;\n(ziii) to summon and enforce attendance of witnesses and compel production of documents;\n(ziv) to give opinion, advice, or direction to a trustee of a religious trust on any question affecting the management or administration of the property of such trust.\n18.\n(a) all appointments, suspensions, dismissal or removal of officers and servants of the Board;\n(b) appointments, suspensions, removals or retirements of trustees of registered trusts;\n(c) supersession of trusts, associations or Committee; and\n(d) the appointment of Committees under the Act.\n19.\n20.\n21.\n22.\n23.\n(i) Minutes of the Proceedings of the Board;\n(ii) Minutes of the Proceedings of the Finance Committee;\n(iii) Minutes of the Proceedings of the Property Committee;\n(iv) Minutes of the Proceedings of the Registration Committee;\n(v) Register of Trusts;\n(vi) Register of true copies of documents and other paper connected with registered trusts;\n(vii) Cash Register;\n(viii) Stock Register of the Board;\n(ix) Property Register of the Board;\n(x) Daily Account Book;\n(xi) Monthly abstract of accounts;\n(xii) Receipt book for money received;\n(xiii) Cheque Book;\n(xiv) Pass Book;\n(xv) Cash Register;\n(xvi) Correspondence file;\n(xvii) Register of letters issued;\n(xviii) Register of letters received;\n(xix) Order Book;\n(xx) Inspection Book;\n(xxi) Visit Book;\n(xxii) Daily Attendance Register;\n(xxiii) Leave Register;\n(xxiv) Establishment Register;\n(xxv) Service Book;\n(xxvi) Register of articles issued;\n(xxvii) Audit Register of Trust Fund;\n(xxviii) Audit Register of Registered Trust; and\n(xxix) Acquittance Roll.\n24.\n25.\n(1) Whether the accounts are maintained regularly and in accordance with the provisions of the Act and the Rules;\n(2) Whether receipts and disbursements are properly and correctly shown in the accounts;\n(3) Whether the cash balance and vouchers in the custody of the trustees on the date of the audit were in agreement with the accounts;\n(4) Whether there have been any deviations from its budget;\n(5) Whether the various items of its income have been realised at the proper time and whether legal steps to recover amounts over due have been taken;\n(6) Whether proper investments of its surplus and balance have been made;\n(7) Whether every item of its expenditure has been sanctioned by the authority competent in that behalf and is supported by a proper voucher;\n(8) Whether there has been any diversion of its funds for purposes other than those for which the endowment was established;\n(9) Whether a correct entry of its valuables has been maintained;\n(10) Whether a correct list of its liabilities has been maintained;\n(11) Whether its assets,including its cash balance, have been verified by him;\n(12) Alienations, if any, of immovable property contrary to the provisions of section 44 which have come to the notice of auditor; and\n(13) Any special matter which the auditor may think fit or necessary to bring to the notice of the Board.\n26.\nDescription of the authority to which the accounts relate\nBy whom to be published\nTime for publication\nWhere to be published.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "1",
            "title": "1. The President",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "2",
            "title": "2. Trusts",
            "chapter": null,
            "content": "State Government\nThe President\nAs soon as possible after the\n\t\t\t\treceipt of the auditor's report by the Government.\nWithin a fortnight after the receipt of the auditor's report\n\t\t\t\tby the President.\nThe Bihar Gazette.\nOn the notice Board of the office of\n\t\t\t\tthe trust concerned.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "22",
            "title": "27. Appointment of Committees under Section 22 and their functions and procedure.",
            "chapter": null,
            "content": "(1) Finance Committee;\n(2) Property Committee; and\n(3) Registration Committee:\n28.\n29.\n30.\n31.\n32.\n33.\n34.\n35.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "36",
            "title": "36. Finance Committee.",
            "chapter": null,
            "content": "(1) to prepare the budget of the Board;\n(2) to prepare the budget of the trusts whose trustees have failed to submit their budgets in time;\n(3) to scrutinise the budgets submitted by trusts;\n(4) to pass those budgets of trusts which may from time to time be entrusted to it by the Board by means of a resolution;\n(5) to call for from the trustees reports, returns budget and other documents, whenever considered necessary;\n(6) to scrutinise and report on the monthly accounts of the Board;\n(7) to make, if necessary, such alteration or modification in the budget of a registered trust as may not be inconsistent with any of the provisions of the Act or with the objects for which the trust was created.\n(8) to communicate to the trustees of a registered trust modification or alterations, if any, made in the budget within six weeks from the date of the receipt of the budget of the said trust;\n(9) to consider all proposals haying financial implications;\n(10) to recommend to the Board the conversion of trust property into property of a different nature if the Committee is satisfied that such conversion is advantageous to the trust concerned;\n(11) to institute, whenever it thinks fit, any enquiry relating to the administration of a registered trust and to submit a report if required, for necessary action by the Board;\n(12) to sanction payment out of the trust fund of any arrear of land revenue, cess, rent, rates or taxes due to Government or any local authority from the registered trust whose trustee refuses or fails to pay it and also to recover the same with damages at the rate of twelve and half percentum per annum in case the failure or refusal to pay was wilful or negligent;\n(13) to supervise and control the work of registered trusts;\n(14) to enquire into and consider all financial irregularities and pass final orders thereon, or, if it thinks fit to report to the Board.\n(15) to re-appropriate funds from one head to another subject to such restrictions, if any, as may be imposed by a resolution of the Board.\n(16) to prepare, if necessary, during the currency of a financial year revised budget estimate for the trust fund and take such action as it considers necessary;\n(17) if a trustee applied for revision of the budget during the year, to take such action as it considers necessary;\n(18) to consider all proposals for the creation of new posts or alterations in the scales of pay of existing posts under the Board and forward its recommendations to the Board;\n(19) Subject to delegations made to the Superintendent or any other officer of the Board, to consider the report of the auditors on the accounts of the registered trusts and pass necessary orders thereon provided that the Committee shall obtain a report containing a general appreciation of the working of the trust during the year with special reference to their financial administration and forward the same to the Board with its own comments;\n(20) to consider the auditor's report on the accounts of the trust funds and submit the same with its comments to the Board;\n(21) to consider such other matters as may be referred to it by the Board or any other Committee;\n(22) to sanction appointment to posts under the Board carrying a salary exceeding Rs. 100; and\n(23) to consider the report of auditors on the accounts of the subordinate registered trust and pass necessary order thereon.\n(b) If any item of expenditure is not specifically provided for in the budget of a trust, but can be met out of saving under a similar head, it may be sanctioned by the Finance Committee, provided such item does not exceed Rs. 500 in the case of non-recurring expenditure, or Rs. 100 in the case of recurring expenditure and by the Board, on the recommendation of the Finance Committee, provided it exceeds Rs. 500 in the case of non-recurring expenditure or Rs. 100 in the case of recurring expenditure.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "37",
            "title": "37. Property Committee.",
            "chapter": null,
            "content": "(1) to see that shops, houses, flats, lands, etc., are leased to the best advantage of the trusts;\n(2) to consider all schemes for improving the values of trust properties by all legitimate means and with the concurrence of the Finance Committee, implement such schemes whenever it can be done without infringement of the conditions of the trust;\n(3) to ensure the proper up keep of plans and title-deeds of lands and buildings belonging to the trusts;\n(4) to sanction or cancel the lease of trust properties;\n(5) to see that proper and effective steps are taken to guard against or, where necessary, remove encroachment on the properties of trusts;\n(6) to sanction the filing of cases in Courts in connection with trust properties and subject to the budget provision sanction the expenditure for the same;\n(7) subject to the provision in the budget, to sanction expenditure in defending cases connected with trust property when filed against the Board;\n(8) to consider whether properties are being used to the best advantage of the trust concerned and to submit a report to the Board;\n(9) to consider such other matters as may be referred to it by Board or any committee;\n(10) to take whatever steps are necessary to trace out lost trust property and suggest means for the restoration or recovery of such property; and\n(11) to take steps for the repair and construction of building of trust.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "38",
            "title": "38. Registration Committee.",
            "chapter": null,
            "content": "(1) To take necessary steps for the speedy registration of all trust properties in the State;\n(2) to consider and pass on all matters connected with registration of trusts;\n(3) to prepare and maintain a register of all kinds of trusts in the State of Bihar containing information relating to their origin, extent, nature, income, if any, and objects and beneficiaries; and\n(4) to prepare and maintain a Register containing copies of documents of all trusts.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "39",
            "title": "39. Regional Trust Committee.",
            "chapter": null,
            "content": "40.\n41.\n42.\n43.\n44.\n45.\n46.\n47.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "48",
            "title": "48. Preservation of Order.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "49",
            "title": "49. Notice of questions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "50",
            "title": "50. Notice of resolution.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "51",
            "title": "51. President to give effect to resolution and decision.",
            "chapter": null,
            "content": "52.\n53.\n54.\n55.\n56.\n(a) Fee payable for the first document or entry applied for if only one document or entry is applied for, then for that document or entry- Re.1.\n(b) Fee payable for every document or entry other than the first included in the same application and connected with the same subject-re. 0-8-0.\nNote.-Only one searching fee of one rupee need be paid for all papers filed together and forming single record.\n(c) When the party does not know to which of the two or more years the document or entry belongs, the fee for searching the records of every year other than the first shall be-Re. 0-8-0.\n57.\nAppendix I\nAppendix I\nList of Books and Registers to be maintained by Trustee\nList of Books and Registers to be maintained by Trustee\n[Bye-law 45]\nAppendix II\nAppendix II\nForm I\nForm I\n[Vide Rules 8 and 14 of the Bihar Digamber Jain Religious Trust Rules, 1955]\n(a) Income from all sources; and\n(b) Net income after deducting the amount payable as revenue rent, taxes, local and other cesses and cost of management at 12½ per cent.]\n(a) On remuneration to trustees and managers.\n(b) On establishment and staff.\n(c) On religious objects.\n(d) On charitable objects.\n(e) On miscellaneous items.\nSignature of trustee\nAppendix III\nAppendix III\nForm II\nForm II\nTauzi No.\nName of Property or estate\nShare in the property or estate\nNature of trust\nAmount of L.R. cess and other Government demand\nDate and amount of payment of Government dues\nArrear if any\nReasons for non-payment of full dues\nRemarks\n1\n2\n3\n4\n5\n6\n7\n8\n9\nAppendix IV\nAppendix IV\nSerial No.\nName and kind of trust with district and the name\n of the present trustee\nProperties named in the trust deed.\nIncome of the properties mentioned in the trusts\n deed.\nProperties shown in Form No. 1\nIncome shown in Form No. 1\nDifference, if any\n1\n2\n3\n4\n5\n6\n7\nRs.\nRs.\nRs.\nTotal demand and payment of Government dues\nTotal realisation in the year\nTotal Collection charges and payment made\nTotal net balance in the hands of the trustee\nTotal expenditure during the year\nSurplus cost in the hands of trustee after\n defraying all expenses\nRemarks\n8\n9\n10\n11\n12\n13\n14\nRs.\nRs.\nRs.\nRs.\nRs.\nRs.\nRs.\nAppendix V\nAppendix V\nForm of application\nForm of application\n[See Bye-law 50]\nDetails of Documents\nDetails of Documents\nSerial No.\nParticulars of documents\nRemarks\n1. 2. 3. 4. 5. 6. 7. 8. 9. 10.\nSignature...................\nDate........................\nSignature...................\nDesignation.................\nDate........................\nN.B.\nAppendix VI\nAppendix VI\nForm V\nForm V\nIncome during the year 200.... to 200.... from all sources\nExpenditure during the year 200.... to 200.... with details.\nRs.\nRs.\n1.\nIncome from the properties mentioned in the trust deed or in\n charge of the trustee during the year 200.... to 200.....\n1.\nEstablishment charge.\n2. (a)\nMaintenance of the temple and other properties (to be shown\n separately).\n(b)\nExpenditure on cultivation.\n2.\nIncome from other sources during the year 200.... to 200....\n (each item of income to be shown separately).\n3.\nTowards fulfilment of the objects mentioned in the trust deed\n or on subject on which expenses have been incurred uptill now\n (to be shown separately under each head).\n4.\nGovernment dues\n(1) Land Revenue\n(2) Cess............\n(3) Other dues..........\n5.\nBoard's dues\n(1) Trust fee.......\n(2) Other dues.......\n6.\nExpenses on Litigation, if any.....\n7.\nMiscellaneous expenditure during the year 200.... to 200....\nTotal.....\nTotal.....\n1.\nQuantity received from tenants in respect of the lands\n cultivated by them.\n1.\nQuantity spent on Rag and Bhog and feeding Sadhus, beggars,\n etc. (to be shown separately).\n2.\nQuantity received from bakashta land in khas cultivation.\n2.\nOn establishment to the staff.\n3.\nQuantity received by purchase.\n3.\nOn cultivation.\n4.\nReceived from other sources, such as, gift, donations, etc.\n4.\nSold\n5.\n........................\n5.\nMiscellaneous.\nN.B.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        }
    ],
    "metadata": {
        "Act ID": "bh335",
        "Act Number": "bh335",
        "Enactment Date": "",
        "Act Year": "",
        "Short Title": "Bye-Laws for the State Board of Digamber Jain Religious Trusts",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}