Chapter III CHIEF ADMINISTRATOR AND ESTABLISHMENT

(1) There shall be a Chief Administrator for the Temple who shall be appointed by the State Government from among members of the Indian Administrative Service not below the rank of Commissioner (equivalent to Revenue Divisional Commissioner) and professing Hindu religion. (2) The Collector of the District of Puri or such person as may be nominated under sub-section (3) of Section 6 shall be ex officio Deputy Chief Administrator of the Temple and he shall, subject to the control of the Chief Administrator, perform such duties as the Chief Administrator may from time to time assign. (3) The State Government shall appoint the following officers from among persons in their active service and professing Hindu religion to assist the Chief Administrator and the officers so appointed shall, perform such duties, as the Chief Administrator may from time to time assign – (a) one officer from among the members of the Indian Administrative Service or Orissa Administrative Service not below the rank of Joint Secretary as Administrator (Development); (b) one officer from among the members of the Orissa Administrative Service (I) not below the rank of Joint Secretary as Administrator (Niti); (c) one officer from among the members of the Indian Police Service or Orissa Police Service not below the rank of Additional Superintendent of Police as Administrator (Security); (d) one officer from among the members of the Orissa Administrative Service (I) (Jr. Br) as Deputy Administrator (Revenue); (e) one officer from amongh the members of the Orissa Finance Service (I) (Jr. Br) as deputy Administrator (Finance); and (f) one officer not below the rank of Assistant Executive Engineer (Civil) as Deputy Administrator (Development). (4) The State Government may also appoint such other officers as it may deem fit, from among persons in their active service and professing Hindu religion to assist the Chief Administrator and the officer so appointed shall, perform such duties as the Chief Administrator may from time to time assign.

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(1) [Chief Administrator] shall be the Secretary of the Committee and its Chief Executive Officer and shall, subject to the control of the Committee, have powers to carry out its decision in accordance with the provisions of this Act. (2) Notwithstanding anything in Sub-section (1) or in Section 5 [Chief Administrator] shall be responsible for the custody of all records and properties of the Temple, and shall arrange for proper collections of offerings made in the Temple and shall have power :– (a) to appoint all officers and employees of the Temple; (b) to lease out for a period [not exceeding three years] at a time the lands and buildings of the Temple which are ordinarily leased out; (c) to call for tenders for works or supplies and accept such tenders when the amount or value thereof [does not exceed fifty thousand rupees;] (d) to order for emergency repairs; [(e) to specify, by general or special orders, such conditions and safeguards as he deems fit, subject to which any sevak, office-holder or [Employee] shall have the right to be in possession of jewels or other valuable belongings of the Temple; (f) to decide disputes relating to the collection, distribution or apportionment of offerings, fees and other receipts in cash or in kind received from the members of the public; (g) to decide disputes relating to the rights, privileges, duties and obligations of sevaks, of rice-holders and servants in respect of sevapuja and Nitis, whether ordinary or special in nature; (h) to require various sevaks and other persons to do their legitimate duties in time in accordance with the record-of-rights; and (i) in the absence of any sevak or his substitute or on the failure on the part of any such person to perform his duties, to get the Niti or seva performed, in accordance with the records-of-rights by any other person]; [(j) to issue instructions or directions, from time to time, for controlling the activities, conduct and management of all institutions including Mukti Mandap and Pandit Sabha functioning within the premises of the temple.] Provided that the exercise of power under Clauses (a), (b), [(c) and (e)] shall be subject to the directions if any of the Committee issued-specially in that behalf. (3) [Chief Administrator] may, subject to such conditions, if any, as the Committee may, by general or special order imposes, afford facilities on payment of fees for special darshan or for any special service, ritual or ceremony, such darshan, service, ritual or ceremony not being inconsistent with the custom and usage of the Temple and he shall have power to determine the portion, if any, of such fees which shall be paid to the sevaks, office holders or Servants of the Temple.] (4) Upon failure on the part of any math to supply any article required in connection with the Seva-Puja of the Temple which under the record-of-rights, it is the duty of such math to supply, [Chief Administrator] may procure the article by incurring such reasonable expenditure from the Temple Fund as may be necessary and make an order requiring such math to pay to the Temple the amount so expended.]

All sevaks, office-holders and servants attached to the Temple or in receipt of any emoluments or perquisites there from shall, whether such service is hereditary or not, be subjected to the control of [Chief Administrator] who may, subject to the provisions of this Act and the regulations, made by the Committee in that behalf, after giving the person concerned a reasonable opportunity of being heard (a) withhold the receipt of emoluments or requisites; [(b) impose a fine of an amount not exceeding [two thousand rupees;] (c) suspend; or] (d) dismiss; any of them for breach of trust, incapacity, disobedience of lawful orders, neglect of or willful absence from duty, disorderly behavior or conduct derogatory to the discipline or dignity of the Temple or for any other sufficient cause.

The [Chief Administrator] may place any sevak, office holder or employee attached to the Temple under suspension :– (a) where a disciplinary proceeding against him is contemplated or is pending; or (b) where a case against [an office holder or employee attached to the Temple.] in respect of any criminal offence is under investigation, inquiry or trial [, or] [(c) where a Sevak is involved in any criminal offence committed inside the Temple premises or in connection with the affairs of the Temple.]

[Chief Administrator] may in cases of emergency, 2[or in cases of unforeseen circumstances] direct the execution of any work or the doing of any act, which is not provided for in the budget for the year and immediate execution or the doing of which is in his opinion necessary for the preservation of the properties of the Temple and its endowments or for the service or safety of the pilgrims resorting to the Temple or for the due performance of the Nitis therein, and may direct that the expenses of executing such work or doing the act shall be paid from the Funds of the Temple. 1[Chief Administrator] shall forthwith report to the Committee the action taken under this Section and the reasons therefor.

(1) After the appointment of the first Administrator, he shall, as soon as may be, prepare and submit to the Committee a Schedule setting forth the duties, designations and grades of the officers and employees who may, in his opinion, constitute the establishment of the Temple and embody his proposals with regard to the salaries and allowances payable to them, and such Schedule shall come into force on approval by the Committee. (2) No change shall be effected in such Schedule except with the sanction of the Committee. (3) Subject to such exceptions as the Committee may by general or special order direct, the officers and employees of the Temple already in service of the Temple on the date of the commencement of this Act shall continue as such and the conditions of their services shall be regulated in the prescribed manner. (4) The creation of any new appointment carrying a salary of not less than 1[three thousand rupees] per mensem shall be subject to the previous sanction of the State Government.

2[Any person aggrieved by any order passed by the Chief Administrator under this Act, or rules, or Regulations made thereunder, may within 30 days of the communication of the order to him, prefer an appeal before the Committee]. (2) All appeal filed under Sub-section (1) shall be heard and disposed of by the Appeal Sub-committee as hereinafter constituted. 2[(3) The Appellate Sub-committee shall consist of the Working Chairman who shall be its Chairman and two other members elected in the prescribed manner by the members of the Committee from among the non-official members thereof.] Provided that if the Collector does not profess the Hindu religion, the Officer who happens to be a member of the Committee in his place, shall be Chairman of the Appeal Sub-Committee in place of the Collector. (4) The Appeal Sub-committee shall, after making such enquiry as it may deem necessary and after giving the parties concerned a reasonable opportunity of being heard, pass such order as it seems fit. (5) The decision of the majority of the Appeal Sub-committee where the decision is not unanimous shall be deemed to be the decision of the Appeal Sub-committee: Provided that where the Chairman of the Sub-committee differs from both of the other members thereof he shall refer the appeal along with all connected records and opinions expressed by him and the other members to the Committee whose decision by the majority thereof in case it is not unanimous shall be final. (6) No order made by 2[Chief Administrator], as referred to in Sub-section (1) or by the Appeal Sub-committee under this section 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.