[1][THE SHRI JAGANNATH TEMPLE RULES, 1960] In exercise of the
powers conferred by Section 35 of Shri Jagannath Temple Act, 1954 (Orissa Act
11 of 1955) the State Government hereby make the following rules, namely: (1)
These rules may be called the Sri Jagannath Temple Rules, 1960. (2)
They shall come into force with effect from the 27th October, 1960. In these rules unless the context otherwise requires- (a)
"Section" means a section of the Act; (b)
"the Act" means the Shri Jagannath Temple Act, 1954 (Orissa
Act 11 of 1955); and (c)
all other words and expressions used in these rules but not defined here
shall have the same meaning as has respectively been assigned to them under the
Act. (1)
The Committee may, from time to time, co-opt persons not belonging to
any of the categories referred to in Clauses (e), (f) and (g) of Sub-section
(1) of Section 6 to be members of the Committee: Provided that at no time the total number of the
co-opted members shall exceed four. (2)
In case there is difference of opinion as to the person to be co-opted,
the matter shall be decided by voting. (3)
A co-opted member, who has absented himself from three consecutive
meetings of the Committee, shall cease to hold office as such member. (1)
The members of the Committee other than the Administrator shall, for the
purposes of attending to the business of the Committee, be entitled to daily
allowance at the rate of 1[twenty rupees] a day for each day on
which such business is carried on. (2)
The members of the Committee other than those residing at Puri, shall,
for the said purposes in addition to the allowance specified in Sub-Rule (1),
be entitled to daily allowance at the rate of [2][twenty
rupees] a day for each day of the period covered by the journey from the place
of residence of the member to Puri and back: Provided that in calculating the aforesaid period
the days for which the journey is broken shall not be taken into account: Provided further that where any day on which such
journey is performed coincides with any day or which the business of the
Committee is carried on the member shall be entitled to the daily allowance
under the sub-rule in respect of such day. The members of the Committee other than those
residing at Puri shall be entitled to traveling allowance for journeys between
his ordinary place of residence and Puri for attending to the business of the
Committee on the following scale, namely: (a)
for journeys performed by train, an amount equal to first class train
fare by the shortest route; (b)
for journeys performed by bus, an amount equal to upper class bus fare
by the shortest route; (c)
for journeys performed partly by train and partly by bus, an amount
equal to the aggregate of the first class train fare for the portion covered by
train and the upper class bus fare for the portion covered by bus; and (d)
for journeys performed in any other mode, an amount equal to first class
train fare or upper class bus fare, whichever is less. The Committee shall, by the end of the month of
April every year on or before such other date thereafter as the State
Government may, by special order direct, to submit the report under Section 18
to the State Government and such report shall be forthwith sent by the
Committee to the Superintendent of Government Press, Orissa who shall cause the
same to be published in the Gazette. (1)
The Committee immediately on its first assuming office shall, in the
manner hereinafter provided, take over charge of all gold, silver, precious
stones and other jewelleries inside the Ratna Bhandar from the Raja of Puri
after actual verification of the stock which shall be classified and dealt
within three categories, namely, articles that are never used, those that are
used only on ceremonial or festive occasions and those that are of daily use. (2)
The following persons shall be present at such certification- (i)
the Committee represented by at least two of the members of the
Committee other than the Administrator and the Raja of Puri; (ii)
the Administrator; (iii)
the Raja of Puri or its representative authorised in writing in that
behalf; (iv)
the District Magistrate and the Superintendent of Police, Puri, if such
officers profess the Hindu religion, failing which two officers in active
service specially appointed by Government In that behalf: Provided that such District Magistrate or such
Superintendent of Police, if he is unable to be personally present at such
verification or at any time during the course thereof, shall have the power to
depute to act on his behalf and subject to his control an officer not below the
rank of a Deputy Magistrate or a Deputy Superintendent of Police as the case
may be; and (v)
the expert, if any, professing the Hindu religion as the Committee may
deem it necessary to appoint for assigning in the testing and identification of
the jewelleries. (3)
After verification three separate inventories showing the full
particulars of each of the three categories of articles shall be drawn up by
the Administrator and attested by the persons enumerated in Sub-rule (2) and
present at the verification. The variations, if any, noticed from the list of
jewelleries acknowledged by the Raja of Puri in 1926 and preserved in the
record room of the Puri Collectorate and further supplemented by the Raja of
Puri before the Special Officer appointed under the Shri Jagannath Temple
(Administration) Act, 1952 as recorded in the record-of-rights shall be noted
in the inventories so prepared. (4)
The Administrator shall also record the minutes of the entire
proceedings relating to the verification and taking over charge of the
jewelleries and have the same attested by the persons specified in Sub-rule (2)
and present at the proceedings. (5)
During the course of the proceedings the issue and re-deposit of the
jewelleries as may be necessary for the due performance of the seva puja shall
be made in the presence of the persons specified in Sub-rule (2). If in any
event the proceedings cannot be completed at one sitting the jewelleries shall
remain under the seals of the District Magistrate, Puri, the Committee and the
Raja of Puri: Provided that it shall be the duty of the Committee
to ensure that on no account the performance of the sevas and the nitis of the
temple are interrupted or in any manner prejudiced: Provided further that in no event shall any of the
jewelleries be removed beyond the precincts of the Ratna Bhandar without
specific orders of the State Government in that behalf and without full
compliance with such conditions, in any, that Government may impose. (6)
On the completion of the proceedings the custody of the articles
specified in Sub-rule (1) shall, subject to the provisions of the Act, be
maintained in the manner laid down in Rule 6 and the inventories prepared under
Sub-rule (3) shall be sealed and attested by the Administrator on behalf of the
Committee in token of having taken over charge of the jewelleries and by the
Raja of Puri or his authorised representative, as the case may be. (7)
The inventories and the minutes of the proceedings in original shall
remain in the custody of the Administrator on behalf of the Committee who shall
forthwith cause copies thereof, certified to be true by the Administrator, to
be sent to the Raja of Puri and submitted to the State Government for their
information. (1)
The first category of articles specified in Rule 5 shall remain under
double lock and sealed with the seal of the Committee, the keys being deposited
by the Administrator in the Government Treasury. The locks may be opened only
under special orders of the State Government and subject to such conditions and
limitations as the State Government may by special order direct. (2)
The second category shall, subject to the supervision and control of the
Committee, be kept under double lock, the key to one of which shall be with the
Administrator the other remaining with the Patjoshi Mohapatra. The locks shall,
as occasion requires, be opened in the presence of the Administrator, the
Patjoshi Mohapatra, the Deulakaran, the Tadaukaran and such other member of the
Committee as may be authorised by it from time to time in that behalf. On every
such occasion the issue of these jewelleries shall be to the Bhandar Mekap on
proper receipt attested by all the persons aforesaid. After the use of these
jewelleries, the Bhandar Mekap shall immediately return the same in the
presence of the aforesaid persons and thereupon the Administrator in the
presence of the Patjoshi Mohapatra shall re-deposit the same in the Ratna
Bhandar. (3)
The third category of articles shall, subject to the control of the
Committee, remain within the Ratna Bhandar and under lock and key, the key
remaining with the Bhandar Mekap who shall always remain accountable to the
Administrator. The said articles for the purposes of their daily use of the
deities shall be dealt with in the manner laid down in the record-of-rights. (4)
The second and third categories of articles shall be compared and
verified periodically at least once in every six months by the Administrator
and such other member of the Committee specially authorised by it in that
behalf and the report of the Administrator and such other member shall be
placed before the Committee for its consideration which shall forthwith submit
its report thereon to the State Government. All gold, silver and jewelleries received as gift
to the temple shall, subject to the rights of sevaks as recorded in the record
of rights and subject to the control of the Committee, remain in the custody of
the Administrator to be kept separately inside the Ratna Bhandar and the
Administrator shall maintain a register in respect thereof, the entries wherein
shall be made as and when such gifts are received and shall contain the full
particulars of such gifts attested by the Patjoshi Mohapatra. The register
shall be placed before the Committee and be subject to such periodical
verification by it as it may from time to time direct. The extracts of the
entries in the register shall be submitted to the State Government every month. The safe custody of the jewelleries which have to
constantly remain on the image of the deities inside the temple shall, subject
to the supervision and control of the Committee, be the immediate
responsibility of Palia Mekaps and Palia Khuntias in respect of the main temple
and of the respective sevaks in relation to the subsidiary temples as recorded
in the record-of-rights. An inventory of all such jewelleries shall be
maintained by the Administrator subject to the supervision by the Committee. A
copy of such inventory shall be submitted to the State Government and the
inventory shall be compared and verified from time to time as the Committee may
direct. All movables of value including silver, gold and
other utensils and silk clothings shall, subject to the control of the
Committee, remain in the custody of the respective sevaks as mentioned in the
record-of-rights. A full inventory thereof shall be maintained by the
Administrator subject to the verification and supervision by the Committee. A
copy of the inventory shall from time to time be submitted to the State
Government. (1)
Documents relating to title of the temple, securities such as Government
Promissory notes, stock certificates, debentures, post office cash
certificates, national savings certificates, fixed deposits and mortgage deeds
and bonds and promissory notes in favour of the temple shall remain in the
custody of the Administrator subject to the supervision by the Committee or any
of its members authorised by it in that behalf. Register of all such documents
shall be maintained by the Administrator and verified periodically by the
Committee. (2)
Records and documents other than those referred to above shall remain in
the custody of the Administrator subject to the supervision by the Committee. (1)
It shall be the duty of the Committee to take all reasonable steps in
conformity with the provisions of the Act to secure possession, custody, charge
or control of such other articles and other properties of value, movable or
immovable which in the opinion of the Committee it is entitled to secure by or
under the Act but may not have been able to do so immediately on its first
coming into office. (2)
The possession, custody, charges or control of the properties as
aforesaid on being so secured shall be governed so far as may be by the
provisions of Rules 6 to 10. (3)
The Committee shall from time to time keep the State Government informed
of the list of such properties, the steps taken by it, and the result of all
such proceedings along with the records for its inability, if any, in securing
possession, custody, charges or control thereof. (1)
The Sub-committees constituted under Section 15-A shall each have three
members as specified below: Finance Sub-committee ? (a) Collector of the district of Puri or themember nominated in his
place under the proviso to Sub-section (1) of Section 6 President ex officio (b) the Administrator Member ex officio (c) one person to be selected by the Committee from amongst the
non-official members of the Committee Member Niti Sub-committee - (a) the Administrator President ex officio (b) the member nominated under Clause (d) of Sub-section (1) of
Section 6 Member ex officio (c) one person to be selected by the Committee from amongst the
non-official members of the Committee Member Ratna Bhandar Sub-committee - (a) Collector of the district of Puri or the member nominated in his
place under the proviso to Sub-section (1) of Section 6. President ex officio (b) the Administrator Member ex-officio (c) one person to be selected by the Committee from amongst the
non-official members of the Committee. Member (2)
The term of office of a member of any Sub-committee, other than an ex
officio member, shall, unless the Sub-committee is sooner dissolved by the
Committee, be co-terminus with the term of office of the members of the
Committee as specified in Section 9. (3)
Whenever any matter is referred by the Committee to any Subcommittee,
the president of the Sub-committee shall, within seven days from the date of
such reference, give notice of at least three days to the members of the Sub-committee
to meet at such time and such place as may be specified in the notice and shall
preside over the meetings of the Sub-committee. (4)
The Sub-committee after considering the matter referred to it shall
forward the recommendations thereon to the Committee within fifteen days from
the date of its meeting. (1)
As soon as may be after the receipt of an application under Sub-section
(1) of Section 15-B, the Administrator shall affix a notice along with a copy
of the application at some conspicuous part within the temple premises and in
the notice board of the temple office, inviting objections from persons
interested and shall also publish the notice and the copy of the application as
aforesaid in one of the Oriya daily newspapers circulating in the town of Puri. (2)
The publication in the newspaper as aforesaid shall be made at the cost
of the applicant and for the said purpose the Administrator shall call upon the
applicant to deposit the cost of the publication in the Temple office within a
period to be fixed by him, failing which the Administrator shall withhold
publication of the same. (3)
All objections under Sub-rule (1) shall be filed within one month from
the date of such affixture or publication whichever is later. (4)
After expiry of the aforesaid period of one month the Administrator
shall, after hearing the applicant and the objectors, if any, and after making
such further enquiry as he deems fit, make an order either rejecting the
application or affecting any change in any entry made in the record-of-rights
and shall serve each of the parties with a copy of the order so made. (1)
Election of members of the Appeal Sub-committee shall be held at a
meeting of the members of the-Committee, other than the co-opted members
specially convened for the purpose. (2)
The member presiding at such meeting shall call upon the members present
threat to propose names of persons from among the non-official members of the
Committee for being elected as members of the said Subcommittee. (3)
No such proposal shall be valid unless it is seconded by another member
present at the meeting and unless the persons whose name is so proposed gives
his consent thereto. (4)
If the number of persons whose names are validly proposed is less than
or equal to the number of vacancies to be filled up by the persons whose names
are so proposed, shall be declared elected. (5)
In case there still remains a vacancy after such declaration or in case
no names are proposed at the meeting, the State Government shall nominate such
number of persons from among the non-official members of the Committee as may
be necessary to fill up the vacancies to be members of the Appeal
Sub-committee. (6)
If the number of persons whose names are validly proposed under Sub-Rule
(2) exceeds the number of vacancies, the matter shall be decided by votes cast
by the members present at the meeting in the manner hereinafter provided. (7)
Each member shall be entitled to cast votes in favour of as many
candidates as there are vacancies but he shall not be entitled to cast more
than one vote in favour of the same candidate. (8)
In case there is only one vacancy to be filled up the candidate securing
the highest number of valid votes shall be declared to be elected and in cases
where there are two vacancies to be filled up those two candidates who secure
more valid votes than others shall be declared to be elected. (9)
In cases where an equal number of votes are polled by two or more candidates
the matter shall be decided by drawing of lots as between such candidates. The officers and employees of the Temple already in
service of the Temple on the date of the commencement of this Act, shall on and
after the date continue in such service: Provided that the Committee may as soon as may be
after its first assumption of office, by general or special order exclude such
officers and employees as it may deem fit from the operation of Sub-section (3)
of Section 23- The remuneration of such officers and employees
shall, with effect from the date of the commencement of the Act, be as may be
determined by the State Government in consultation with the Committee and their
other conditions of service shall be the same as may be provided by regulations
made under Clause (a) of Section 31: Provided that pending such fixation, the Committee,
may advance to the said officers and employees such sums in respect of their
employment as the Committee may deem fit having regard to the nature of the
duties of the respective officers and employees and all such advances shall be
adjusted at the time when their remuneration is fixed in accordance with this
rule. As soon as may be after the appointment of the
first Administrator, he shall prepare an interim budget having regard to the
funds available by then and the budget so prepared shall be submitted in
accordance with the provisions of Section 25. (1)
The requisition under Section 33 (2) shall be in the Form appended to
the Schedule. (2)
On receipt of the requisition the Magistrate shall immediately serve a
notice on the person resisting or obstructing calling upon him to desist from
offering such resistance of obstruction and on the failure on the part or such
person to so desist within the time specified in the notice the Magistrate
shall hold such summary inquiry as he deems fit. (3)
If after such enquiry the Magistrate is satisfied that the obstruction
or resistance was without any just cause he shall comply with the requisition
and take or cause to be taken such steps and use or cause to be used such force
as in his opinion may be reasonably necessary and in doing so if the Magistrate
apprehends any breach of peace he may take or cause to be taken such police ail
as may be necessary for the purpose: Provided that in complying with a requisition if
any in respect of the Ratna Bhandar the procedure for taking over possession by
the Committee as laid down in Rules 5 and 6 shall so far as may be followed. Form of
requisition [See Rule
15] To .................... Whereas the Shri Jagannath Temple
Managing Committee has been resisted/obstructed in obtaining possession of the
properties described below, which is situated within your jurisdiction, you
are, therefore requested to deliver possession of the same of the Committee- (1)
Description of property (2)
Name of the person/persons causing
resistance/obstruction (3)
Nature of resistance/obstruction AdministratorTHE
SHRI JAGANNATH TEMPLE RULES, 1960
PREAMBLE