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SHRI JAGANNATH TEMPLE (AMENDMENT) ACT, 2004
SHRI JAGANNATH TEMPLE (AMENDMENT) ACT, 2004
[Received the assent of the Governor on the 21st December, 2004, first published in an Extraordinary issue of the Orissa Gazette dated the 27th December, 2004 (No. 1836)]
An act further to amend Shri Jagannath Temple Act, 1954.
Be it enacted by the Legislature of the State of Orissa in the Fifty-fifth Year of the Republic of India as follows:-
1. Short title and commencement.
(1) This Act may be called Shri Jagannath Temple (Amendment)
(2) It shall come into force on such date as the Slate Government may, by notification, appoint in this behalf.
2. Amendment of Section 6.
In Shri Jaganath Temple Act, 1954 (hereinafter referred to as the principal Act) for secti0n following Section shall be substituted, namely:-
(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 (he 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) or section 19, ex officio member, 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 Superintending Archaeologist, Archaeological Survey of India, Bhubaneswar Circle, Bhubaneswar-ex officio member;
(i) one person to be nominated by the S late 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 member;
(k) one person representing the Maths and other Institutions connected with the seva-puja or nitis of the Temple or any Hindu religious/spiral 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 Stale 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, an officer of the State/Central Government of equivalent rank professing such religion maybe nominated by the Slate/Central Government for the purpose.
(4) The appointment or nomination of the members shall be notified in the Orissa Gazette.
3. Amendment of Section 6-A.
In the principal Act, in sub-section (1) of Section 6-A, for the word, letters, comma and brackets "(e), (f) and (g)", the following word, letters and brackets" (j) and (k)" shall be substituted.
4. Amendment of Section 13.
In the principal Act, in sub-section (3) of Section 13, for the words "five members", the words "nine members" shall be substituted.
5. Amendment of Section 15-A.
In the principal Act, in Section 15-A. in sub-section (1),—
(i) the word "and" appearing against item (b) shall be deleted;
(ii) for the full stop appearing at the end of item (c), the following shall be substituted, namely:— and;
(iii) the following item shall be inserted after item (c), namely:—
"(d) any other subject as may be decided by the Committee.
6. Insertion of Section 15-AA.
In the principal Act, after Section 15-A, the following Section shall be inserted, namely:—
15-AA- 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 Slate Government in the administration of the affairs of the Temple; and
(c) any other duty which (he State Government may from time to time assign.
7. Amendment of Section 16.
In the principal Act, in sub-section (1) of Section 16, for the words "one thousand rupees", the words "Fifty thousand rupees" shall be substituted.
8. Deletion of Section 18-A.
In the principal Act, Section 18-A shall be deleted.
9. Amendment of Section 19.
In the principal Act, for Section 19, the following Section shall be substituted, namely
(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 lo 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 (1) 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 among the members of the Orissa Finance Service (1) (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 Slate Government may also appoint such other officers as it may deem fit, from among persons in (heir 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.
10. Amendment of Section 21.
In the principal Act, in sub-section (2) of Section 21, for the words "five thousand rupees" appearing in clause (c), the words "fifty thousand rupees" shall be substituted.
11. Amendment of Section 2-A1.
In the principal Act, in Section 21-A, for the words "two hundred rupees" appearing against item (b), the words "two thousand rupees" shall be substituted.
12. Insertion of Section 21-B.
In the principal Act, after Section 21-A, the following Section shall be- inserted, namely
21-B. 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 him in respect of any criminal offence is under investigation, inquiry or trial.
13. AmendmentofSection24.
In the principal Act, in Section 24, —
(i) for sub-section (1), the following sub-section shall be substituted, namely:-
(1) 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;
(ii) for sub-section (3), the following sub-section shall be substituted, namely:—
"(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 k Committee from among the non-official members thereof.”
14. Amendment of Section 28.
In the principal Act, clause (f) of sub-section (2) of Section 28 shall be deleted.
15. General Amendment.
In the principal Act, for the expressions "the Administrator", "servant" and " Vice-Chairman" wherever they occur, the expressions "Chief Administrator", "Employee" and "Working Chairman" shall respectively be substituted.
