The Shri Jagannath Temple Act, 1955.

*ORISSA ACT NO. 11 OF 1955
(Assented to by the President on 15th October, 1955)
AN ACT TO PROVIDE FOR BETTER ADMINISTRATION AND
GOVERNANCE OF SHRI JAGANNATH TEMPLE AT PURI AND ITS
ENDOWMENTS
Whereas the ancient Temple of Lord Jagannath of Puri has ever since its
inception been an institution of unique national importance in which millions of Hindu
devotees from regions far and wide have reposed their faith and belief and have regarded
it as the epitome of their tradition and culture;
And whereas long period to and after the British conquest the superintendence,
control and management of the affairs of the Temple have been the direct concern of
successive Rulers, Governments and their officers and of the publisher exchequer;
And whereas by Regulation IV  of 1809 passed by the Governor -General in
Council on 28th April, 1809 and thereafter by other laws and regulations and in
pursuance of arrangement entered into with the Raja of Khurda, later designated the
Raja of Puri, the said Raja came to be entrusted hereditary with the management of the
affairs of the Temple and its properties as Superintendent subject to the control and
supervision of the ruling power;
And whereas in view of grave and serious irregularities thereafter Government
had to intervene on various occasions in the past;
And whereas the administration under the Superintendent has further
deteriorated and a situation has arisen rendering it expedient to reorganize the scheme
of management of the af fairs of the Temple and its properties and provide better
administration and governance therefore in supersession of all previous laws,
regulations and arrangements, having regard to the ancient customers and usages and
the unique and traditional nitis and rituals contained in the Record-of-Rights prepared
under the Puri Shri Jagannath Temple (Administration) Act, 1952 (Orissa Act XIV of
1952) in the manner hereinafter appearing;
It is hereby enacted by the Legislature of the State of Orissa in the Sixty Year of
the Republic of India as follows :
* See Notification No. 5923–Legis., dated 2-1 1-1955, published in Orissa Gazette, dated
4-11-1956; Part X, No, 44.
LEGISLATIVE PAPERS For statement of Objects and Reasons see Orissa Gazette
Extraordinary dated the 31st August, 1954 for Assembly proceedings, see proceedings
of the Orissa Legislative Assembly and for Report of Select Committee, See Orissa
Gazette, Extraordinary, dated the 29th March, 1955.
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. Part X, No, 44 Dated. 04 November , 1956
2
CHAPTER - I
PRELIMINARY
1. Short title and commencement :–  (1) This Act may be called Shri Jagannath
Temple Act, 1955.
(2) Sections 1, 2, and 3 shall come into force at once and the rest of the provisions
of this-Act shall come into force on such date* as the S tate Government may , by
notification, appoint in this behalf.
CASE LAWS
Sec. 1 - Validity of Act - Right of Raja of Puri - Right's as Adya Sebak and of
Superintendence - Distinction - Latter rights not pr operty - Act does not offend Arts.
19(1)(f) and 31(2).
Held, the rights and duties of the Raja of Puri as Adya Sebak should be carefully
distinguished fr om his rights and duties as the her editary superintendent of the
Jagannath Temple: Ram Chandra Deb v. The State of Orissa : AIR 1959 Ori. 5.
Secs. 1, 5 - Worshippers of Jagannath - Not a religious denomination - Transfer
of management to persons pr ofessing Hinduism - Art.26(d) not contravened : Ram
Chandra Deb v. The State of Orissa : AIR 1959 Ori.5.
Sec. 1, 15 - Validity of Act - Does not contravene Art. 26(b)
There is no provision in the Sri Jagannath Temple Act, 1955, which interferes
with the religious practices in the Temple. On the other hand, Sub-sec. (1) of Sec. 15
makes it mandatory for the Committee to see that the daily and periodical Nities of the
Temple are properly performed : Ram Chandra Deb v. The State of Orissa: AIR 1959
Ori. 5.
2. Repeals :–  (1) The provisions of the Orissa Hindu Religious Endowments
Act, 1951 (Orissa Act 2 of 1952) shall cease to apply to the said Temple except with
respect to actions taken, things done and contributions levied and the same shall be
deemed to have been validly taken, done and levied as if this Act had not been passed:
Provided that the State Government shall, after having due regard to the financial
position of the Temple, have power to exempt it from the payment of the whole of any
part of the contributions so levied and due, immediately-before the date of
commencement of this Act, anything in any law or contract, or judgment, decree or
order of any Court to the contrary notwithstanding.
(2) All laws, regulations and other enactments passed for the purpose of
providing for the management of the af fairs of the Temple and its properties and all
deeds executed in favour of and all arrangements entered into for the said purpose
with the Raja of Khurda or the Raja of Puri, as the case may be, prior to the
commencement of this Act, in so far as such enactments, deeds or arrangements are
inconsistent with the provisions of this Act, shall cease to have any effect.
* The rest of the provisions of the Act came into force on the 27th October , 1960 vide
Notfn. No. 6619 L/24.10.1960, published in the Orissa Gazette Ext. No. 670/25.10.1960.
3
3. Delegation of powers to the Committee :– The Puri Shri Jagannath Temple
(Administration) Act, 1952 shall be deemed to be a part of this Act and all or any the
powers and the functions of the State Government under the said Act shall be exercisable
by the Committee under this Act from such date or dates as the State Government may
by notification direct.
4. Definitions :– (1) In this Act, unless there is anything repugnant in the subject
or context-
(a) “Committee”  means the Shri Jagannath Temple Managing Committee
constituted under this Act;
1[(a-1) "Nijoga" means an association of Sevaks recognized as such by the
Committee];
(b) “Pr escribed”  means prescribed by the rules made under this Act;
(c) “Raja of Puri”  means the person on whom rests for the time being the
obligation of discharging the duties of a Sevak in respect of the Gajapati
Maharaj Seva as recorded in the Record of Rights;
(d) “Record of Rights”  means the Record of Rights prepared under the
Puri Shri Jagannath Temple (Administration) Act (XIV of 1952);
1(d-1) “Sevak”  means any person who is recorded as such in the record of
rights or is recognised by a competent authority as a Sevak or his
substitute or has acquired the rights of a Sevak by means of any
recognised mode of transfer and includes a person appointed to perform
any niti or Seva under Clause (i) of Sub-section (2) of Section 21;]
(e) “T emple Fund”  shall mean the Shri Jagannath Temple Fund constituted
under Section 28;
(f) “Y ear”  means financial year;
(g) the words and expressions defined in the Puri Shri Jagannath Temple
(Administration) Act, 1952 (Orissa Act XIV of 1952) and used in this
Act shall have the same meaning in this Act.
(2) For the removal of doubts it is hereby declared that any reference to the
word ‘Temple’ in either of the enactments aforesaid may, if the subject or context so
permits, be construed as a reference also to the deity, if any, installed in such temple.
CASE LAWS
Sec. 4 (d-1) - "sevak" - A person has only a right to perform a particular service
to the deity: Sri Jagannath Temple Managing Committee, Puri and another v. Narayan
Mohapatra: 2003 (Supp.) OlR (NOC) 970 : 96 (2003) CLT 29.
Sec. 4 (1) (a-1) as introduced by Amendment Act (17 of 1968) is unconstitutional.
Held, the definition of "Niyog" as intr oduced makes the futur e existence of
associations r ecognised in Recor d-of-Right, dependent on r ecognition by the
Committee : Kedarnath Guru Mohapatra and others v . The State of Orissa : AIR
1974 Ori.75.
1. Inserted vide Orissa Act. 17 of 1968.
4
CHAPTER II
THE COMMITTEE
5. Incorporation :–  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.
CASE LAWS
Sec. 5, 33 - Constitution of India - Art. 14 - Income-tax Act- sec: 10 (23BBA) -
Endowments of temple - Vested in shri Jagannath Temple Managing Committee enjoying
exemption fr om Income T ax under Sec. 10 (23 BBA) since 1962 - W ithdrawal of
exemption without giving opportunity of hearing to Committee - Illegal, since it involves
civil consequences Revenue authorities did not merely stop by passing the said order,
but in order to implement same, passed several other directions - Post decisional hearing
becomes idle formality : Shri Jagannath T emple Managing Committee, Puri v .
Commissioner of Income Tax, Bhubanewar and others : AIR 2008 Ori. 37 : 2007
(Supp.-II) OLR 973.
1[6. Constitution of the Committee :– (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 S tate 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.
1. Substituted vide Orissa Act 12 of 2004.
5
(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 of ficer of the S tate/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[6-A. Co-opted members :– (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 2[(j) and (k)] of Sub-section (1) of Section 6.
(2) The term of office of the co-opted members shall be co-terminus 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.
7. Appointment of a Chairman during the minority or  disability of the
Raja of Puri :– (1) If at any time the Raja or Puri happens to be a minor 3[x x x] or in
the opinion of the S tate Government suf fers 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 S tate 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 S tate
Government without prior consultation with the Advocate General and unless the Raja
1. Inserted vide Orissa Act 17 of 1968.
2. Substituted vide Orissa Act 12 of 2004.
3. Deleted vide Orissa Act 23 of 1970.
6
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 S tate Government under Sub-section (1) shall after
publication in the Gazette, be final and shall not be questioned in any Court of law .
8. Rights and Privileges of the Raja of Puri in r espect of the Gajapati
Maharaja Seva not to be affected :–  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[8-A. Claims by the Raja of Puri :– (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.
9. Terms of office of members :– 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.
10. Power  of S tate Government to r emove the 2[x x x] member  of the
Committee :–  (1) The State Government may suspend or remove any member of the
Committee other than the Chairman and the ex of ficio 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’;
1 Inserted vide Orissa Act 17 of 1968.
2. Omitted vide Orissa Act 19 of 1961.
7
(b) that he is of unsound mind or is suf fering from any physical or mental
disease or defect or infirmity which in the opinion of the S tate
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.
11. Dissolution and supersession of the Committee :– (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 S tate 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 ]
12. Casual vacancies :– (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.
1. Omitted vide Orissa Act, 16 of 2003
2. Omitted vide Orissa Act, 9 of 1966 (w.e.f. 8th November 1965).
8
(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.
13. Meetings of the Committee :– (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 emer gent 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.
14. Allowance to the members of the Committee :– (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
1 Inserted vide Orissa Act 17 of 1968.
2. Substituted vide Orissa Act 12 of 2004.
3. Substituted vide Orissa Act 19 of 1961.
4. Substituted vide Orissa Act 9 of 1966 (w.e.f. 8th November 1965).
9
any salary or other remuneration except such travelling or daily allowances, if any, as
may be prescribed.
15. Duties of the Committee :– 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 of fering 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.
3[15-A. Constitution of sub-committees :– (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]
1 The Word "and" omitted by Orissa Act 17 of 1968.
2. Substituted vide Orissa Act 17 of 1968.
3. Inserted vide Orissa Act 17 of 1968.
4. Deleted vide Orissa Act 12 of 2004.
10
(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 of fice and the procedure for the conduct of
business of the Sub-Committee shall be as may be prescribed.
2[15-AA. Duties of the Working Chairman :– 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.]
15-B. Revision of Record-of-Rights and appeal against order for revision :–
(1) 1[Chief Administrator] may, 3[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.]
CASE LAWS
Secs. 5, 6 and 15-B - Recor d-of rights in r espect of temple - Incor rect entry
made in Record from certain document - Description in document must pr evail over
incorrect entry : Kanhu Khuntia v. Padmalava Khuntia: AIR 1990 Ori. 182.
1. Substituted vide Orissa Act 12 of 2004.
2. Inserted vide Orissa Act. 12 of 2004.
3. Inserted vide Orissa Act 16 of 2003.
11
16. Alienation of the Temple properties :– (1) No movable property of a non-
perishable nature of which the Committee is in possession and the value of which is
more than 1[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.
2[(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 ef fect whatsoever, unless 1[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.]
3[16-A. Removal of encr oachment of Temple Land :– (1) The provisions
contained in the Orissa Prevention of Land Encroachment 2[Act, 1972]
2[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) 1[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.
CASE LAWS
Land Committee took decision to dispose of the landed pr operties of Lor d
Jagannath to persons, who were possessing the land with permanent str ucture since
long- Government of Orissa appr oved the recommendation of the Land Committee-
Petitioners' possession over land is disputed - Enquir y report reveals that Ac. 0.018
decimals of land was found to be lying vacant without being sur rounded by fence -
petitioners also could not show any document r egarding their possession over Ac.
0.018 decimals - Held, no right, title and interest accrue or have accrued in favour of
petitioners in r espect of the land in question belonging to Lor d Jagannath : Deben
Sethi and others v . State of Orissa and others: 2012 (Supp,-I) OLR 656 : 2012 (I)
CLR 1136 : 2012 (1) OJR 275.
17. Limitation of borrowing powers :– The Committee shall have no power
to borrow money from any person except with the previous sanction of the S tate
Government.
1. Substituted vide Orissa Act 12 of 2004.
2. Inserted vide Orissa Act 16 of 2003.
3. Inserted vide Orissa Act 17 of 1968.
12
18. Administration report :– (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. .
18-A. 1[x x x]
CHAPTER III
2[CHIEF ADMINISTRATOR] AND ESTABLISHMENT
2[19. Appointment of Chief Administrator and of ficers to assist him :–
(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 of ficers from among
persons in their active service and professing Hindu religion to assist the Chief
Administrator and the of ficers 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
1. Deleted vide Orissa Act 12 of 2004.
2. Substituted vide Orissa Act 12 of 2004.
13
the Chief Administrator and the officer so appointed shall, perform such duties as the
Chief Administrator may from time to time assign.]
20. 1[ x x x]
21. Powers and duties of 2[Chief Administrator] :– (1) 2[Chief Administrator]
shall be the Secretary of the Committee and its Chief Executive Of ficer 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 2[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 3[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  3[does not exceed fifty thousand rupees;]
(d) to order for emergency repairs;
4[(e) to specify, by general or special orders, such conditions and safeguards
as he deems fit, subject to which any sevak, office-holder or 2[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];
5[(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), 4[(c) and (e)] shall
be subject to the directions if any of the Committee issued-specially in that behalf.
1. Omitted vide Orissa Act 9 of 1966 (w.e.f. 8th November, 1965).
2. Substituted vide Orissa Act 12 of 2004.
3. Substituted vide Orissa Act 17 of 1968.
4. Substituted vide Orissa Act 19 of 1961.
5. Inserted vide Orissa Act 16 of 2003.
14
1[(3) 2[Chief Administrator] may , subject to such conditions, if any , as the
Committee may, by general or special order imposes, af ford 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.]
3[(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 , 2[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.]
4[21-A. Contr ol of Sevaks, etc. :– All sevaks, of fice-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 2[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;
5[(b) impose a fine of an amount not exceeding 2[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.
6[21-B. Suspension pending inquiry :– The 2[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 7[an of fice holder or employee attached to the
Temple.] in respect of any criminal offence is under investigation, inquiry
or trial 8[, or]
9[(c) where a Sevak is involved in any criminal offence committed inside the
Temple premises or in connection with the affairs of the Temple.]
1. Substituted vide Orissa Act 19 of 1961.
2. Substituted vide Orissa Act 12 of 2004.
3. Inserted vide Orissa Act 17 of 1968.
4. Inserted vide Orissa Act 19 of 1961.
5. Substituted vide Orissa Act 17 of 1968.
6. Inserted vide Orissa Act 12 of 2004.
7. Substituted vide Orissa  Act 4 of 2009.
8. Substituted vide Orissa  Act 4 of 2009 (w.e.f. 15.03.2010)
9. Inserted vide Orissa Act 4 of 2009.
15
CASE LAWS
Emoluments beneficial inter est attached to office of Khuntias and Mekaps -
Performance of Sevas and right to receive emoluments - Cannot be altered : Chintamani
Khuntia and others v. The State of Orissa and Others : 77 (1994) CLT 11 : AIR 1994
Ori. 46.
Sec. 21 - The Administrator of the Jagannath T emple has powers to alter ,
substitute and provide suitable receptacles for proper collections of Bheta and Pindika
offered to the deity in thalis, Parakhas and jharis near Bhitar khata, Bahar Khata and
Tatna Singhasan of the temple - Such alterations in no manner affect the performance
of rites of sevaks which ar e purely secular and not r eligious: Bairagi Mekap and
another v. Jagannath Temple Managing Committee : AIR 1972 Ori. 10.
Secs. 21 (2) (e) and (f), 21 (3), 21(4)m 24(2) - V alidity - Powers conferred on
Administrator - Do not contravene Art. 19 (1) (f).
Held, so long as a judicial Tribunal is given the ultimate power to decide whether
any order of the executive authority which affects the right of property of an individual
is justifiable or not that statutory provision cannot be held to impose an unreasonable
restriction on the right of the property: Bhimsen Gochhakar v. State of Orissa: AIR
1959 Ori. 17.
22. Extraordinar y powers of  1 [Chief Administrator] :– 1[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.
23. Establishment Schedule :– (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 ef fected 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 .
1. Substituted vide Orissa Act 12 of 2004.
2. Inserted vide Orissa Act 16 of 2003.
16
(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.
CASE LAWS
Sec.23- Powers of the Administrator - administrator has unfetter ed right to
regulate the performance of niti and can supervise and keep control over all the sebayat:
Sri Jagannath T emple managing Committee, Puri and another v . Narayan
Mohapatra : 2003 (Supp.) OLR (NOC) 970 : 96 (2003) CLT 29.
24. Appeal against the orders of 2[Chief Administrator] :– 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 Of ficer
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 dif fers 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.
CHAPTER IV
BUDGETS, ACCOUNTS AND AUDIT
25. Budget :– (1) 2[Chief Administrator] shall, every year , prepare in the
prescribed manner and form a budget of the receipts and expenditure of the Temple
1. Substituted vide Orissa Act 16 of 2003.
2. Substituted vide Orissa Act 12 of 2004.
17
and its endowments for the following year and place it before the Committee which
may approve it without modification or with such modification as it deems fit. After
the approval of the Committee the budget shall be submitted to the State Government
for sanction before such date as may be fixed by the State Government in that behalf.
(2) Before sanctioning the budget, the State Government shall satisfy them that
adequate provision has been made in the budget for the maintenance of the prescribed
working balance and for meeting all the liabilities of the Temple and its endowments.
If the budget as submitted to the State Government fails to make these provisions, the
State Government may modify any part of the budget so as to ensure that such provisions
are made. The decision of the State Government sanctioning the budget subject to the
modifications, if any, shall be communicated to the Committee at least fifteen days in
advance of the commencement of the year to which the Budget relates and in the
absence of such communication before the end of the preceding financial year the
budget shall be seemed to have been sanctioned in the pursuance of this section.
26. Revised or supplementary budget :– If in the course of any year the
Committee finds it necessary to modify the figures shown in the budget with regard to
its receipts or expenditure, it may submit a supplementary or revised budget to the
State Government:
Provided that no alternation shall be made without the consent of the S tate
Government in the working balance.
27. Audit :–  (1) The State Government shall every year appoint an auditor to
audit the accounts of the Temple and its endowments in the prescribed manner 1[x x x]
The auditor shall submit his report 2[to 3[Chief Administrator] and it shall be the duty
of 3[C

Excerpt shown. Open the full act in Lexace.

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