Chapter V GENERAL

(1) There shall be constituted a Fund to be called ‘Shri Jagannath Temple Fund’ which shall be vested in and be administered by the Committee and save as otherwise provided in this Act, shall consist of :– (a) the income derived from the movable and immovable properties of the Temple; (b) any contributions by the State Government either by way of grant or byway of loan; (c) all fines and penalties imposed under this Act; (d) all recoveries under this Act; (e) any other gifts or contributions made by the public, local authorities or institutions. (2) The said Fund may be utilised for any of the purposes permitted under the Act and for all or any of the following purposes: (a) maintenance (including repairs and reconstruction), management and administration of the Temple and its properties; (b) training of Sevaks to perform the religious worship and ceremonies in the Temple; (c) medical relief, water supply and other sanitary arrangements for the worshippers and the pilgrims and construction of buildings for their accommodation; (d) culture and propagation of the tenets and philosophy associated with Temple of Shri Jagannath; (e) any other work or undertaking for the purposes of the Temple authorised by the State Government, so long as such authorization subsists; and (f) [x x x]

All amounts due to the Temple including fines if any, imposed under this Act, shall without prejudice to any other mode of recovery, be recoverable as arrears of land revenue on a requisition made by Chief Administrator in that behalf.

(1) The Committee may, with the approval of the State Government instal one or more receptacles (hereinafter referred to as Hundi) at such place or places in the Temple as it may think fit for placing of offerings by the pilgrims and devotees visiting the Temple. (2) The Hundi shall be operated by such person and in such manner as the State Government may, from time to time, determine. (3) Such portion of the offerings placed in a Hundi as the State Government may from time to time direct, shall be credited to the Foundation Fund. (4) No person shall, without being authorised by Chief Administrator in that behalf, go near or interfere in any manner with any Hundi installed in the Temple: Provided that no such authorisation shall be required for going near any Hundi for the bona fide purpose of placing any offering therein. (5) Notwithstanding anything to the contrary contained in any law, custom, usage or agreement or in the record-of-rights, no sevak shall be entitled to any share in the offerings placed in any Hundi installed after the commencement of Shri Jagannath Temple (Amendment) Act. 1983 (Orissa Act 10 of 1983).

(1) There shall be constituted a fund called "Shri Jagannath Temple Foundation Fund” (hereinafter referred to as the Foundation Fund) which shall vest in and be administered by the Foundation Fund Committee constituted under Sub-section (6). (2) The Foundation Fund shall consist of all donations and contributions of an amount exceeding five hundred rupees made by any person to the Temple or in the name of any deity installed therein, other than those made for any specific purpose, and such other amounts as may be directed by the State Government. (3) All amounts credited to the Foundation Fund shall be invested in long term fixed deposits with such banks as the State Government may approve and shall always be kept so invested, and no such fixed deposit shall be pledged or otherwise encumbered: Provided that the State Government may permit such sum out of the Foundation Fund as they may fix, to be utilised for any purpose of the Temple as they may specify. (4) All amounts accruing by way of interest on such fixed deposits shall be credited to and form part of Shri Jagannath Temple Fund constituted under Section 28. (5) Out of the amount so credited, to Shri Jagannath Temple Fund – (a) 1[x x x] (b) such percentage not exceeding 2[ten] as may be determined by the State Government shall be utili sed for the welfare of the sevaks. (6) The Foundation Fund Committee shall consist of the following members : (a) the Chief Minister of the State of Orissa who shall be the Chairman; (b) the Minister in charge of law who shall be the 3[Working Chairman]: (c) the Secretary to the Government in Law Department; (d) the Secretary to the Government in the Finance Department or his nominee who shall not be below the rank of a Joint Secretary; (e) the Collector of the district of Puri; and (f) 3[Chief Administrator] of the Temple who shall be the Secretary. (7) The Committee shall conduct its business in such manner as they may determine. (8) During the absence of the Chairman the 3[Working Chairman] shall act as and perform the functions of the Chairman: Provided that the Secretary to the Government in the Law Department shall act as and perform the functions of the Chairman during any period when both the officers of the Chief Minister and the Minister of Law remain vacant. (9) Notwithstanding anything to the contrary contained in any law, custom, usage or agreement or in the record-of-rights no sevak shall be entitled to any share out of the amount of donations or contributions to the Foundation Fund made under Subsection (2) after the Commencement of Shri Jagannath Temple (Amendment) Act, 1983 (Orissa Act 10 of 1983).

Save as otherwise expressly provided in this Act’ no suit or proceeding shall lie in any Court against the State Government or against the Committee or 1[Chief Administrator] for anything done or purported to be done by any of them under the provisions of this Act.

(1) Subject to the provisions of this Act the general superintendence of the Temple and its endowments shall vest in the State Government which may pass any orders that may be deemed necessary for the proper maintenance or administration of the Temple or its endowments or in the interest of the general public worshipping in the Temple. (2) Subject to the other provisions of this Act the State Government may call for and examine the records of 1[Chief Administrator] or of the Committee in respect of any proceedings with a view to satisfy themselves as to the regularity of such proceeding or the correctness, legality or propriety of any decision or order made therein, and if in any case it appears to the State Government that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, they may pass orders accordingly: Provided that the State Government may stay the execution of any such decision or order pending the exercise of their power under Sub-section (2) in respect there of.

(1) Whenever any person having duties to perform in respect of the Nitis of the Temple or Seva-Puja of the deity raises any claim or dispute any fails or refuses to perform such duties knowing or having reasons to believe that the non-performance of the said duties would cause delay in the performance of the Niti or Seva-puja or inconvenience or harassment to the public or any section thereof entitled to worship in the Temple and willfully disobeys or fails to comply with the orders of Chief Administrator directing him to perform his duties without prejudice to the results of a proper adjudication of such claim or dispute, such person or any other person who abets such conduct shall be guilty of an offence punishable on conviction with fine which-may extend up to five thousand rupees. (2) Whoever (a) voluntarily causes obstruction by use of force or otherwise to any Sevak in the due performance of any Puja or Niti which such Sevak is entitled or authorised to perform; or (b) willfully does any act whereby any bhog-offered to Lord Jagannath is defiled; or (c) not being a Sevak exhibits any Thali or other receptacle in such manner as might induce any visitor to place any offering, whether in cash or in kind, in such Thali or other receptacle; shall on conviction be punishable with imprisonment which may extend to six months or with fine which may extend to two thousand rupees or with both. (3) Whoever not being authorised by the Committee or Chief Administrator interferes with the free movement of visitors within the premises of the Temple or with any precautionary measures taken for their safety or convenience shall on conviction, be punishable with imprisonment which may extend to three months or with fine which may extend to one thousand rupees or with both. (4) Whoever :– (a) not being the Sevak entitled to perform any Niti or Puja or to offer any bhog to any deity installed within the premises of the Temple, performs such Niti or Puja or offers such bhog ; or (b) forcibly enters into any place within the Temple when such entrance is prohibited under any law or custom or under any lawful order issued by the Committee or by Chief Administrator; or (c) takes inside the premises of the Temple any article knowing that the taking of such article is prohibited under any law or custom or by any declaration made and published in the prescribed manner by the Committee with due regard to the prevailing custom, public health, morality or the religious sentiments of the public; shall on conviction be punishable with imprisonment which may extend to two months or with fine which may extend to one thousand rupees or with both. (5) Whoever :– (a) dries Annamahaprasad for conversion into Nirmalya at any place within the premises of the Temple without being authorised by the Committee in that behalf; or (b) sells or offers or exposes for sale any Mahaprasad at any place within the premises of the Temple, other than the place allotted by the Committee for the said purpose; or (c) answers the call of nature at any place within the premises of the Temple, other than that set apart for the purpose; or (d) enters the premises of the Temple in a state of intoxication and conducts himself in such a manner as to cause annoyance to any person; or (e) commits any act of indecency or uses obscene or abusive language within the premises of the Temple; shall on conviction be punishable with fine which may extend to one thousand rupees.

Any police officer may arrest without a warrant any person who is committing or who is reasonably suspected to have committed any offence under this Act.

(1) No Court inferior to that of a Magistrate of the First Class shall try any offence under this Act. (2) No Court shall take cognizance of any such offence without the previous sanction of Chief Administrator.

(1) Chief Administrator may accept from any person against whom a reasonable suspicion exists that he has committed an offence under this Act a sum of money not exceeding :– (a) in cases coming under Clause (b) of Sub-section (2) of Section 30-A, double the amount of the value of the bhog; and (b) in-any other case, the maximum amount of fine which may be imposed in respect of the offence, by way of composition of the offence. (2) On the payment of such sum of money the suspected person, if in custody, shall be discharged and no further proceedings shall be taken against such person.

All amounts realised on accounts of fines upon conviction for offences under this Act or as a result of composition shall be credited to the Temple Fund.

The Committee may, subject to the approval of the State Government, make *[regulations] not inconsistent with the provisions of this Act and the rules made there under to provide for the manner in which the duties imposed on it under this Act and its functions there under shall be discharged and in particular to provide for – (a) conditions of service of office bearers and employees of the Temple; (b) procedure for transfer of Seva-Puja, Chuti or Panti in the Temple: (c) observance of Nitis and other usages in the Temple in the absence of specific mention in the record-of-rights; (d) any other matter for which regulations are required to be made for purposes of this Act.

(1) The State Government may make **[rules] to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, they shall have power to make rules with reference to (a) all matters expressly required or allowed by this Act to be prescribed; (b) the manner of exercise of control by the Committee over the actions of 1[Chief Administrator]; (c) the grant of travelling or daily allowances to the members of the Committee; (d) the performance of duties by the Committee under Section 15 and the mode and extent of expenditure under Section 28; (e) the publication of the Administration report under Section 18; (f) the custody of records and properties including custody of key of the Ratna Bhandar; (g) 1[Omitted] (h) the preparation of the budget estimates for the Temple; (i) the preparation and sanction of estimates and acceptance of tenders in respect of public works and for supplies; (j) the custody and investment of the Temple Fund by the Committee; (k) the audit of the accounts of the Temple and the particulars to be mentioned in the audit report and the manner of publication thereof and of the directions issued under Section 27; (l) 1[ x x x ]; and (m) any other matter that may be required for the efficient administration of the Temple and its endowments.

(1)The Committee shall be entitled to take and be in possession of all movable and immovable properties including the Ratna Bhandar and funds and Jewelleries, records, documents and other assets belonging to Temple. 2[(2) If in obtaining such possession, the Committee or any person authorised in this behalf by the Committee is resisted or obstructed by any one, it may make a requisition in the prescribed form to any 3[Executive Magistrate] within whose jurisdiction any such property is situated to deliver its possession to the Committee; on receipt of the requisition the Magistrate shall hold a summary enquiry into the facts of the case and if satisfied that the resistance or obstruction was without any just cause, shall comply with the said requisition, and in exercising the powers under this Section the Magistrate shall be guided by the rules made under this Act.] (3) No suit, prosecution or other legal proceeding shall lie against the Committee or any person acting under its instruction or authorised by it for anything done in good faith under Sub-section (2). (4) 4[Omitted] Provided that nothing contained in this section shall bar the institution of a suit by any person aggrieved by an order made there under from establishing his title to the said property.

All public officers having custody of any record, register, report or other documents relating to the Temple or any movable or immovable property thereof shall furnish such copies of or extracts from the same as may be required by 5[Chief Administrator]:

(1) No act or proceeding of the Committee or of any person acting as a member of the Committee shall be deemed to be invalid by reason only of a defect in the establishment or constitution of the Committee or on the ground that any member of the Committee was not entitled to hold or continue in such office by reason of any disqualification or by reason of any irregularity or illegality in his appointment or by reason of such act having been done or proceeding taken during the period of any vacancy in the office of member of the Committee. (2) No act or proceeding of Chief Administrator shall be deemed to be invalid by reason of only of a defect or irregularity in his appointment or on the ground that he was not entitled to hold or continue in office by reason of any disqualification.

Chief Administrator and every person duly authorised by him or by the Committee shall, while acting under any of the provisions of this Act, be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code.

If any difficulty arises in giving effect to the provisions of this Act, the State Government may as occasion may require, by order do anything not inconsistent with this Act or on rules made there under which appears to them necessary for the purpose of removing the difficulty.