(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 4[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;
1. Omitted vide Orissa Act 16 of 2003.
2. Inserted vide Orissa Act 16 of 2003.
3. Substituted vide Orissa Act 12 of 2004.
4. Substituted vide Orissa Act 10 of 1983.
18
(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) 1[x x x] 2[28-A. Recovery of Temple dues :– 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 4[Chief Administrator] in that behalf.]
3[28-B. Installation of Hundi :– (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 4[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
1. Deleted vide Orissa Act 12 of 2004.
2. Inserted vide Orissa Act 17 of 1968.
3. Inserted vide Orissa Act 10 of 1983.
4. Substituted vide Orissa Act 12 of 2004.
19 the offerings placed in any Hundi installed after the commencement of Shri Jagannath Temple (Amendment) Act. 1983 (Orissa Act 10 of 1983).
28-C. Foundation Fund :– (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.
1. Omitted vide Orissa Act 16 of 2003.
2. Substituted vide Orissa Act 16 of 2003.
3. Substituted vide Orissa Act 12 of 2004.
20
(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).
CASE LAWS Sections 28-B, 28-C(9) read with Articles 25(1), 26, 300- A, Constitution of India, 1950 - Placing of Hundies inside the temple to enable devotee to put offerings- Not ultra vires of provisions of the Articles 25(1), 26,300-A of the Constitution: Sri Jagannath Temple, Puri, Management Committees represented through its Administrator and another v. Chintamani Khuntia and others : 86 (1998) CLT 1 (SC).
Arts. 25 and 26 read with Sec. 28-B of Shri Jagannath Temple Act - Collection of offerings inside temple cannot be treated as religious practice - State's power to frame law to regulate any financial activity connected with religious practice - Sevaks cannot claim as a right any part of the offerings: Sri Jagannath Temple, Puri Management Committee represented through its Administrator and another v.
Chintamani Khuntia and others :86 (1998) CLT 1 (SC).
Arts. 25(1), 26, 300-A read with Secs. 28-B, 28-C (9) of Sri Jagannath Temple Act, 1954 - Foundation Fund - Creation of , by State out of the offering made to the Hundies installed inside temple - Not unconstitutional - Sevaks cannot claim as a right any part of the offerings : Sri Jagannath Temple, Puri, Management Committee represented through its Administrator and another v. Chintamani Khuntia and others :
86 (1998) CLT 1 (SC).
Secs. 28-B (5), 28-C (5) (a), 28-C (9) - Constitutional validity of - 'Bheta' 'Pindika' - Shares of khuntia and Mekaps - Entitlement of : Chintamani Khuntia and others v.
The State of Orissa and others: 77 (1994) CLT 11 : AIR 1994 Ori. 46.