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The Puri Shri Jagannath Temple (Administration) Act, 1952.

Odisha · state statute
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An Act to provided for the administration of the Puri Shri Jagannath Temple
preventing mismanagement of the Temple and its endowments by consolidation of the
rights and duties of Sevaks, Pujaris and such other persons connected with the seva,
Puja and management thereof.
Whereas to facilitate proper administration of the Puri Shri jagannath Temple
preventing mismanagement there of the its endowments; it is expedient to provided for
consolidation of the rights and duties of the Sevaks, Pujaris and such other persons
connected with the Seva, Puja and management thereof.
It is hereby enacted as follows :
1. Short title and commencement :– (l) This Act may be called the ‘Puri Shri
Jagannath Temple (Administration) Act, 1952.
(2) it shall come into force on such date as the S tate Government may , by
notification, appoint in this behalf.
2. Definitions :– In this Act unless there is anything repugnant in the subject or
context-
(a) “endowment’ means all property belonging to or given or endowed for
he support of the Temple or given or endowed for the performance of
any service including the service of of ferings to the deity or charity
connected therewith the includes the institution concerned and also the
premises thereof, but does ‘not include gifts or property made as personal
gifts to the Sevak or Pujari or other employee of the Temple;
Explanation :– Any gift, Inam or Maufi or Shebait or Jagir, granted to a
Sevak, Pujari or other employee of the Temple or to any other person for
the performance of any service including the service of offerings to the
deity or charity in or connected with the Temple shall not be deemed to
be a personal gift to the said Sevak, Pujari or the~ employee but shall be
deemed to be an endowment; .
(b) ‘prescribed’ means Prescribed by rules made under this Act;
(c) ‘specific endowment’ means any property or money endowed for the
performance of any specific service or charity in the Temple, and
* Vide Orissa Act No. 14 of 1952.
For Statement of Objects and Reasons, see Orissa Gazette, Ext./21.6.1952.
The Act came into force on 5th September, 1952 vide Notfn. No. 6105-End, published in
the Orissa Gazette, Ect./5.9.1952.
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Orissa Act 14 of 1952
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(d) ‘temple’ means the temple of Lord Jagannath at Puri, other temples within
its premises, all their appurtenant and subordinate shrines, other sacred
places and tanks and any additions which may be made thereto after the
commencement of this Act.
CASE LAWS
Sec.2 (a) Expl. - Private religious endowments to Sevaks or Pandas - Control
of, by Sec. 15 (5) of Orissa Act 11 of 1954 - Validity - Does not contravene Arts. 19 (1)
(f) or 31 (2).
Held, prima facie every offering of bhog to the deity becomes its property unless
intention of the donor can be clearly established. But whether such an endowment is a
public religious trust or a private religious trust, it is clearly connected with the Temple
in as much as the bhog is required to be offered to the deity at puri and nowhere else.
Hence, the control over such an endowment may appropriately be included in a statute
dealing with the Temple and its endowments unless there are constitutional objections:
Bhimsen Gochhikar v. State of Orissa: AIR 1959 Ori. 17.
3. Appointment of Special Of ficer :– (l) The S tate Government may , by
notification, appoint a special Of ficial Of ficer with prescribed qualifications and
professing the Hindu religion for the-preparation of a record comprised in such parts
and containing such forms as may be prescribed consolidating the rights and duties of
different Sevaks and Pujaris and such other persons connected with the Seva, Puja or
management of the temple and its endowments and may appoint one or .more officers
with prescribed qualifications to assist him for the purpose.
(2) The Special Officer and other officers, if any appointed under Sub-section
(1) shall receive such salary as may be prescribed.
4. Powers of the Special Officer :– (l) With a view to prepare the record specified
in Section 3 the Special Of ficer or any person appointed to assist him in this behalf
may, by a special notice, require such Sevaks. Pujaris or persons connected with the
Seva or Puja of the Temple or Such other person as the Special Officer may deem fit to
examine, to attend before him within a specified time which shall not be less than
fifteen days after the service of notice at any place for the aforesaid purpose, and every
person on whom such special notice may be served shall be legally bound to attend as
required by the notice and to do any of the things mentioned in the said notice and to
give any information or to produce any document which may be required so far as he
may be able to do it.
(2) Such officer or person hereinbefore specified shall for the purpose of this
Act have the same power as are vested in Court under the Code of Civil Procedure,
1908 (V of 1908) in respect of the following matters, namely:
(a) enforcing the attendance of any person and examining him on oath or
affirmation:
(b) dealing with the production of documents; and
(c) issuing commissions for examination of witnesses, and any proceeding
under this Act before such officer or person appointed shall be a judicial
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proceeding within the meaning· of Sections 193 and 228 and for the
purpose of Section 195 of the Indian Penal Code, 1960 (XLX of 1860).
5. Publication of record- The record or a part thereof so prepared from time to
time by the Special Officer under Section 3 shall be published in the prescribed manner
and on such publication the said record or part thereof shall be final and shall not be
called into question in any Court of law except in the manner hereinafter provided:
Provided that the State Government may, by orders issued from time to time and
duly published in the Gazette, direct that the parts of the said record containing various
sources of income of the Temple and its endowments and such other matters not already
covered by the said parts but relevant thereto shall be further supplemented in such
manner as may be specified in the order and the record so supplemented shall, subject
to the provisions of Section 6 constitute the final record for the purpose of this Act.
6. Hearing of objections :– (l) Any person aggrieved by any entry in the record
or a part thereof published under Section 5 or any other of the S tate Government
supplementing the said record and published under the said section may , within the
period prescribed, prefer objections before the District Judge exercising jurisdiction in
the district of Puri.
(2) On receipt of he objections the said District Judge or any other Judicial
Officer not being below the rank of a District Judge specially appointed by the S tate
Government in that behalf and to whom the objections may be transferred by the said
District Judge whom the objections may be transferred by the said District Judge shall,
after considering the said objections in the record as he may deem fit, and the orders so
made shall not be challenged in any Court of law.
(3) The said District Judge or other Judicial Officer shall communicate his orders
aforesaid to the S tate Government and they shall, as soon as may be cause the
modifications, if any, to be published in the gazette and on such publication the record
shall stand modified accordingly.
7. Power  to make rules :– (l) The S tate Government may , after previous
publication, make rules to carry out all or any of the provisions of this Act and not
inconsistent therewith.
(2) In particular and without prejudice to the generality of the foregoing power,
they shall have power to make rules with reference to the following matters:
(a) the qualifications of the Special officer and other officers to assist him,
their salaries and the manner in which the record shall be prepared under
Section 3;
(b) the period during which objections may be received under Section 6 and
the manner in which the objections may be considered thereunder;
(c) all other matters required or allowed by this Act to the prescribed.
(3) All rules made under this Act shall be published in the Gazette and all such
publications shall have effect as if enacted in this Act.
8. Penalties :– Whoever without any reasonable cause fails to comply with the
requirements of the special notice issued by the Special Officer in exercise of his powers
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under Section 4 of this Act shall be punishable with fine not exceeding five hundred
rupees and when the offence is a continued one with a daily fine not exceeding fifty
rupees during the period of the continuance of the offence.
9. Power to remove difficulties :– 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 which they deem proper and reasonable for the purpose of removing the
difficulty.
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