Chapter II THE COMMITTEE

Notwithstanding anything in any other law for the time being in force or custom, usage or contract, Sanad, deed or engagement, the administration and the governance of the Temple and its endowments shall vest in a Committee called the Shri Jagannath Temple Managing Committee constituted as such by the State Government, and it shall have the rights and privileges in respect thereof as provided in Section 33. It shall be a body corporate, having perpetual succession and a common seal, and may, be the said name sue and be sued.

(1) The Committee constituted under Section 5 shall consist of 18 members and shall be composed as follows : (a) the Raja of Puri who shall be the Chairman; (b) an officer not below the rank of Additional Chief Secretary, ex-officio member, who shall be the Working Chairman; (c) the Chief Administrator appointed under sub-section (1) of section 19, ex-officio members, who shall be the Secretary; (d) the Collector of the District of Puri - ex officio member; (e) the Commissioner of Endowments appointed under the Orissa Hindu Religious Endowments Act, 1951 - ex officio member; (f) the Additional Secretary, Law Department in-charge of Shri Jagannath Temple Administration, ex officio member; (g) the Superintendent of Police, Puri- ex officio member; (h) the Superindending Archaeologist, Archaeological Survey of India, Bhubaneswar Circle, Bhubaneswar - ex officio member; (i) one person to be nominated by the State Government from among the persons entitled to sit on the Muktimandap-member; (j) Five persons to be nominated by the State Government from among the sevaks of the Temple members. (k) one person representing the Maths and other Institutions connected with the seva-puja or nitis of the Temple or any Hindu religious/ spiritual organisation to be nominated by the State Government member; and (l) three persons (one of whom shall be Chartered Accountant) from among the persons who do not belong to any of the categories referred to in clauses (j) and (k) - members : Provided that the State Government shall nominate persons for the categories referred to in clauses (i), (j) and (k) out of a panel of names prepared by the Chief Administrator for each such category which shall consist of names twice the number of members required to be nominated under the respective clauses. (2) No person who does not profess the Hindu religion, shall be eligible for membership. (3) If the officers mentioned under clauses (b), (d), (e), (f), (g) and (h) of sub-section (1) do not profess the Hindu religion, and officer of the State/Central Government of equivalent rank professing such religion may be nominated by the State/Central Government for the purpose. (4) The appointment or nomination of the members shall be notified in the Orissa Gazette.]

(1) The Committee may co-opt in the prescribed manner such number of persons, not exceeding four, as it deems fit to be members of the Committee from among persons not belonging to any of the categories referred to in Clauses (j) and (k) of Sub-section (1) of Section 6. (2) The term of office of the co-opted members shall be co-terminous with the term of other members as specified in Section 9. (3) The co-opted members shall have right to take part in the proceedings at every meeting of the Committee but, shall not have right to vote at any such meeting.

(1) If at any time the Raja or Puri happens to be a minor [x x x] or in the opinion of the State Government suffers from any of the disabilities covered by Sub-section (l) of Section 10 other than Clause (f) thereof the duties of the Chairman shall, during such minority or so long as such disability lasts, be exercised by a person professing the Hindu religion whom the State Government may by order specially appoint in that behalf : Provided that in making an order under this Section the State Government may take into consideration the suitability of the next in line of succession to the Raja of Puri for appointment in conformity with the provisions of this Act; Provided further that no such order as aforesaid shall be made by the State Government without prior consultation with the Advocate General and unless the Raja of Puri has been given a reasonable opportunity of showing cause against the order proposed. (2) Notwithstanding anything in any law but subject to the provisions of this Act, all orders made by the State Government under Sub-section (1) shall after publication in the Gazette, be final and shall not be questioned in any Court of law.

Nothing in Section 7 shall be deemed to affect the rights and privileges of the Raja of Puri in respect of the Gajapati Maharaj Seva merely on the ground that the Raja has ceased to perform the duties of the Chairman for the time being nor shall anything therein contained preclude any person from establishing in a Court of competent jurisdiction his right to succeed to the said Seva as recorded in the Record-of-rights: Provided that no Court shall have power to stay the operation of any order passed in accordance with the provisions of the aforesaid section pending the final disposal of the proceedings in such Court or of any appeal or application arising there from or in relation thereto; and no order of any Court in any such proceedings shall have the effect in rendering invalid or inoperative in law anything done or any action taken prior to the date of such order and in pursuance of orders of the State Government passed under that Section.

(1) Where the Raja of Puri claims for himself any right in addition to those recorded in the record-of-rights he may make an application to the State Government in that behalf. (2) Upon receipt of an application under Sub-section (1) the State Government may, after making such enquiry as they deem necessary and after giving the Raja of Puri an opportunity of being heard, make such order as they deem fit. (3) The Raja of Puri may, if he is aggrieved by an order made under Sub-section (2), prefer an appeal before the High Court within thirty days of the date of communication of the order to him. (4) All orders passed under Sub-section (2), shall subject to the decision, if any, made in an appeal under Sub-section (3), be final.

Every member of the Committee other than the Chairman, and the ex-officio members shall hold office for a period of three years from the date of notification under Subsection (3) of Section 6 and shall be eligible for re-nomination.

(1) The State Government may suspend or remove any member of the Committee other than the Chairman and the ex officio members on the following grounds: (a) that he has been convicted by a Criminal Court of any offence which, in the opinion of the State Government, involves moral turpitude’; (b) that he is of unsound mind or is suffering from any physical or mental disease or defect or infirmity which in the opinion of the State Government renders him unfit to be a member of the Committee. (c) that he has applied to be adjudged or been adjudged insolvent; (d) that he has been guilty of corruption or misconduct in the administration of the Temple or that some other sufficient cause exists for his removal; (e) that he has ceased to profess the Hindu religion; (f) that he has absented himself for 1[x x x] three consecutive meetings of the Committee and is unable to explain such absence to the satisfaction of the Committee; (g) that being a legal practitioner he has acted or appeared on behalf of any person against the Temple in any legal proceeding. (2) No member shall be removed under this Section unless he has been given a reasonable opportunity of showing cause against his removal. (3) The decision of the State Government under this Section shall be final and shall not be liable to be questioned in any Court of law.

(1) If in the opinion of the State Government the Committee is not competent to perform, or makes default in performing the duties imposed on it under this Act, or exceeds or abuses its powers the State Government may, after due enquiry, by notification dissolve the Committee and reconstitute another Committee within a period of six months from the date of dissolution or supersede the Committee for such period not exceeding six months, as the State Government may deem fit. (2) Before issuing a notification under Sub-section (1), the State Government shall, communicate to the Committee the grounds on which they propose to do so, fix a reasonable time for the Committee to show cause against the proposal, and consider its explanations or objections, if any. (3) Where a Committee is dissolved or superseded under this Section the State Government shall appoint a person in the active service of the State Government and professing the Hindu religion to perform the functions and exercise the powers of the Committee until the constitution of another Committee or till the expiry of the period of supersession, as the case may be: Provided that the period during which the Committee remains superseded shall not have the effect of extending the term of office of a member beyond the period of three years as specified in Section 9. 2[(4) x x x ]

(1) Casual vacancies caused by death, resignation, removal or otherwise in the office of the members of the Committee shall be filled in the same manner as provided in Section 6. (2) The term of a member nominated or appointed, as the case may be, to fill a casual vacancy shall expire on the day on which the term of the member in whose vacancy the nomination or appointment has been made would have expired. (3) Nothing done by the Committee shall be invalid by reason of there being a casual vacancy.

(1) The Committee shall maintain its office at such place or places at Puri as the Committee may determine for the transaction of its business. 1[(1-a) The Committee shall meet not less than six times during a calendar year and a period of more than two months shall not be allowed to elapse two successive meetings. (1-b) 2[Chief Administrator] may, sou motu, and shall, when so required by the Chairman or in his absence by the 2[Working Chairman], convene an emergent or special meeting of the Committee for consideration of any urgent matter.] 3[(2) The Chairman and in his absence the 2[Working Chairman] shall preside over the meetings of the Committee and in the absence of both any other member elected by the members present shall preside over such meeting.] (3) No business shall be transacted at any meeting unless at least 3[nine members] are present. (4) Questions arising at a meeting of the Committee shall be decided by a majority of the votes of the members present thereat and the Chairman or the person presiding, as the case may be, shall have no right to vote at the first instance but shall have and exercise his casting vote in the case of equality of votes. (5) The Secretary of the Committee shall be responsible for the due record and maintenance of the minutes of the proceedings duly countersigned by the Chairman or the person presiding as the case may be, and shall submit a copy of the said minutes to the State Government for their nomination. (6) The State Government may call upon the Committee to submit report on any matter concerning the business of the Committee and management of the Temple and its affairs. Non-compliance in this behalf will be treated as a default in performance of duty within the meaning of Section 11.

(1) It shall be within the power of the State Government by order to direct from time to time the payment from out of the Temple Fund to the Chairman or the person appointed under Section 7 of such allowance, at such times and in such maimer as the State Government may consider reasonable and proper. (2) Save as otherwise provided in Sub-section (1) 4[no member of the Committee] while acting as such, shall receive or be paid from out of the Temple Fund any salary or other remuneration except such travelling or daily allowances, if any, as may be prescribed.

Subject to the provisions of this Act and the rules made there under, it shall be the duty of the Committee (1) to arrange for the proper performance of Seva- Puja and of the daily and periodical Nitis of the Temple in accordance with the record-of-rights; (2) to provide facilities for the proper performance of worship by the pilgrims; (3) to ensure the safe custody of the funds, valuable securities and Jewelleries and for the preservation and management of the properties vested in the Temple; (4) to ensure maintenance of order and discipline and proper hygienic conditions in the Temple and of proper standard of cleanliness and purity in the offerings made therein; (5) to ensure that funds of the specific and religious endowments are spent according to the wishes, so far as may be known of the donors; (6) to make provision for the payment of suitable emoluments to its salaried staff; 1[x x x] 2[(7) to arrange for the preparation of a list of immovable properties endowed to Lord Jagannath and of trusts created for offering Bhog or of the performance of any seva in the Temple;] (8) to prepare and implement with the prior approval of the State Government and remunerative scheme for cashew nut plantation, casuarinas plantation,/horticulture, diary farming, establishment of retail shops for sale of commodities inside the Temple or any other commercial undertaking in order to argument the resources and income of the Temple; (9) to take steps for resumption of any building or room situated within the premises of the Temple from any person if he has ceased to render the service for the performance of which such building or room was allotted to him or if such service has become obsolete; and (10) to do all such things as may be incidental and conducive to the efficient management of the affairs of the Temple and its endowments or to the convenience of the pilgrims.

(1) The Committee may constitute Sub-Committees to aid and advice the Committee in regard to all or any of the following subjects, namely: (a) finance; (b) Nitis; 4[x x x] (c) matters relating to the Ratna Bhandar 1[and] 2[(d) any other subject as may be decided by the Committee] (2) The composition the term of office and the procedure for the conduct of business of the Sub-Committee shall be as may be prescribed.

It shall be the duty of the Working Chairman :– (a) to ensure that the Resolutions passed by the Committee are properly implemented by the Chief Administrator; (b) to ensure proper co-ordination between the Temple Administration, District Administration and the State Government in the administration of the affairs of the Temple; and (c) any other duty which the State Government may from time to time assign.

(1) Chief Administrator may, either on his own motion or on an application made in that behalf by any Sevak, other than the Raja of Puri, and after, making an enquiry in the prescribed manner, make an order effecting any change in any entry made in the record-of-rights on all or any of the following grounds, namely :– (a) that such change is necessary in view of any new materials which have come to notice; or (b) that any entry therein bears no relationship to the existing facts; or (c) that any such entry is incomplete or incorrect; Provided that no order under this sub-section shall be made without giving the parties concerned a reasonable opportunity of being heard. (2) Any person aggrieved by an order under Sub-section (1) may, within thirty days from the- date of communication of the order to him, prefer an appeal before the State Government and thereupon the State Government may, after making such enquiry as may be necessary and after giving the parties concerned an opportunity of being heard, make such order as they deem fit. (3) No order made under Sub-section (1) or under Sub-section (2) shall debar any person aggrieved thereby from establishing his right, if any, in a Court of competent jurisdiction but no Court shall have power to stay the operation of the said order pending the final disposal of the proceedings before such Court or of any appeal or application arising there from or in relation thereto.

(1) No movable property of a non-perishable nature of which the Committee is in possession and the value of which is more than fifty thousand rupees and no Jewelleries shall be sold, pledged or otherwise alienated without the previous approval of the State Government. (2) Save as otherwise expressly provided in this Act no immovable property taken possession of by the Committee shall be leased out for more than five years or mortgaged, sold or otherwise alienated except with the previous sanction of the State Government. (3) Any transfer of immovable property recorded in the name of Lord Jagannath of Puri by any person including any institution being the Marfatdar of such property shall be absolutely null and void and of no force or effect whatsoever, unless Chief Administrator or any officer authorised by him in writing in this behalf, execute the deed of such trnasfer as one of the executant. (4) Notwithstanding anything contained in the Registration Act, 1908 (Act 16 of 1908) no deed of transfer of any immovable property executed in contravention of the provisions of sub-section (3) above shall be accepted for registration.

(1) The provisions contained in the Orissa Prevention of Land Encroachment Act, 1972 (Orissa Act 6 of 1972) shall be applicable, as far as may be, in respect of unauthorized occupation of any land belonging to the Temple as if it were property of Government within the meaning of that Act. (2) Chief Administrator may with the prior approval of the Committee, make an application for taking up appropriate proceedings under the said Act to the authority -competent there under and thereupon it shall be lawful for such authority to take action in accordance with the provisions contained in that Act.

The Committee shall have no power to borrow money from any person except with the previous sanction of the State Government.

(1) The Committee shall annually submit to the State Government a report on the Administration of the affairs of the Temple at such time as the State Government may prescribe and such report shall be forthwith published by the Committee in the prescribed manner. (2) The report prepared and published under this Section shall, as soon as possible, be laid before the Legislative Assembly.

[x x x]