The SIKKIM PLACES OF PILGRIMAGE MANAGEMENT ACT,2014

SIKKIM GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY Gangtok Tuesday 17th June, 2014 No. 252 GOVERNMENT OF SIKKIM LAW DEPARTMENT GANGTOK No. 4/LD/P/14 Dated: 16.06.2014 NOTIFICATION The following Act passed by the Sikkim Legislative Assembly and having received assent of the Governor on 31 Day of January, 2014 is hereby published for general information:- st THE SIKKIM PLACES OF PILGRIMAGE MANAGEMENT ACT, 2014 (ACT NO.4 OF 2014) AN ACT to make provision for better management of the Sikkim Places of Pilgrimage and properties appertaining thereto. Be it enacted by the Legislature of Sikkim in the Sixty -fifth Year of the Republic of India as follows:- Short title, 1. (1) This Act may becalled the Sikkim Places of Pilgrimage Management. extent and (2) It shall extend to the whole of Sikkim. commencement (3) Itshall come into force on such date as the State Government may, by notification, in the Official Gazette appoint. Definitions 2. (1) Inthis Act, unless there isanything repugnant the subject orcontext:- (a) "Administrative Department" means the Tourism and Civil Aviation Department. (b) "Committee" means the said Committee or Committees constituted under this Act; (c) Places of Pilgrimage means and includes Thakur Sari Temple, Gangtok, Sai Mandir, Assangthang, Mungrung 1 Shakti Sthal,Guru Rinpoche at Samdruptse,Tathagata Tsal,Chenrezi Statue, Gyalshing,Mangkhims in Sikkim and such other places as may be notified form time to time. (d) "prescribed" means prescribed by rule made under this Act; (e) "fund" means the fund as would be provided for the management of the places of pilgrimage. (f) "Sevak" means any person, recognized by a competent authority as a sevak or his substitute, appointed to perform any work or duty connected with day to day rituals and puja and conversant with puja, rituals, nitis etc.; (g) "Year" means the financial year. Committee 3. (1) As soon as after the commencement of this Act, the State Government shall constitute such Committee or Committees to be called by such nomenclature as may be notified for the management of such places of pilgrimage as would be specified inthe notification. (2) Notwithstanding anything inany other lawfor the time being inforce orcustom, usage orcontract, deed orengagement, the administration and the governance ofthe places of pilgrimage and itsendowments shall vest in the committee as may be constituted under the provisions of this Act. (3) It shall be a body corporate, having perpetual succession and a common seal, and may, by the said name, sue and be sued. Constitution (4) (1) The Committee or Committees as may be constituted under section of 3 shall consists of the following members:- the Committee (a) The Governor of the State Shall be the Chief Patron of the Committee. (b) the Chief Minister of the State shall be the Chairman: Provided that where the Chief Minister isa person who does not profess either Buddhist or Hindu religion, in such an event, the Chairman shall be a Buddhist or Hindu Minister inthe Council of Minister as would be nominated bythe State Government. (c) The Minister in Charge, Tourism and Civil Aviation Department, Government of Sikkim shall be the ex-officio member of the Committee. (d) The Secretary, Tourism and Civil Aviation Department shall be the ex-officio member who will function as the Member Secretary. 2 (2) The State Government may nominate such other members not exceeding three (3) to the Committee. (3) No person who does not profess the Buddhist/Hindu religion shall be eligible for membership. (4) The appcintment or nomination of the members shall be notified in the Official Gazette. (5) Every member of the Committee other than the Chief Patron, Chairman, and the ex-officio members shall hold office for a period of 3 (three) years from the date of notification under sub-section (3) of section 4 and shall be eligible for re-nomination. (6) The State Government may suspend or remove any member of the Committee on the following grounds, namely,- (a) that he has been convicted by aCriminal Court ofany offence which inthe opinion ofthe State Government involves moral turpitude; (b) that he is of unsound mind or is suffering from any physical or mental disorder or defect or infirmity which in the opinion of the State Government renders him unfit to be a member of the Committee; (e) that he has applied to be adjudged or been adjudged insolvent; (d) that he has been found guilty of corruption or misconduct in the administration ofthetemple and other religious institutions or that some other sufficient cause exists for the removal; (e) that he has absented himself for more than three consecutive meetings of the Committee and is unable to explain such absence to the satisfaction of the Committee; Terms of Office 5. (1) No member shall be removed under this section unless he has been of Members given a reasonable opportunity inshowing cause against his removal. (2) 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. (3) If in the opinion of the State Government, the Committee is not competent to perform or make default in performing the duties imposed on it under this Act, or exceeds or abuse its powers, the State Government may, after due enquiry, by notification, dissolve 3 the Committee and reconstitute another Committee within a period of 6 (six) months from the date of dissolution or supersede the Committee for such period not exceeding 6 (six) months, as the .. State Government may deem fit. Power of State 6. (1) The State Government may suspend or remove any member of the Government to Committee on the following grounds, namely,- remove the member of Committee (a) that he has been convicted by aCriminal Court ofany offence which inthe opinion ofthe State Government involves moral turpitude; (b) that he is of unsound mind or is suffering from any physical or mental disorder or defect or infirmity which in the opinion of the State 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 found guilty of corruption or misconduct in the administration ofthe temple and other religious institutions or that some other sufficient cause exists for the removal; (e) that he has absented himself for more than three consecutive meetings of the Committee and is unable to explain such absence to the satisfaction of the Committee; (2) No member shall be removed under this section unless he has been given a reasonable opportunity inshowing 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. Dissolution 7. (1) If in the opinion of the State Government, the Committee is not and competent to perform or make default in performing the duties supersession imposed on it under this Act, or exceeds or abuse its powers, the State Government may, after due enquiry, by notification, dissolve the Committee and reconstitute another Committee within a period of 6 (six) months from the date of dissolution or supersede the Committee for such period not exceeding 6 (six) months, asthe State Government may deem fit. (2) Before issuing a notification under sub-section (1), the State Government shall communicate to the Committee the grounds on which they propose to do so, fix reasonable time for tr.e 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 sections, the State Government shall appoint a person inthe active service of 4 either Buddhist or 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 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 sub- section (1) of section 5. Casual vacancies 8. (1) Vacancies caused by death, resignations, removal or otherwise in the office ofthe members ofthe Committee shall befilled inthe same manner as provided in section 4. (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 casual vacancy. Meeting of the 9. (1) The Committee shall maintain its office at such place as the Committee Committee may determine for the transaction of its business. (2) The Committee shall meet not less than two times during a calendar year and a period of more than six months shall not be allowed to elapse between two successive meetings. (3) The Chairman and in his absence his nominee shall preside over the meeting and in the absence of both any member elected by the members present shall preside over such meeting. (4) No business shall be transacted at any meeting unless at least 4 (four) members are present. (5) Questions arising at a meeting ofthe Committee shall be decided by a majority of the votes of the members present there and the Chairman or the person presiding, as the case may be, shall have no rightto vote atthefirst instance, but shall have and exercise casting vote in the case of equality of votes. (6) The Member 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 information. (7) The State Government may call upon the Committee to submit report on any matter concerning the business of the Committee and management of the Places of Pilgrimage and its affairs. 5 Non-compliance in this behalf will be treated as a default in performance of duty within the meaning of section 7. Allowance to 10. (1) It shall be within the power of the State GOVA'nment by order to the members direct from time to time the payment from out of the fund to the of the Committee Chairman or the members of such allowance at such times and in such manner as the State Government may consider reasonable and proper. (2) Save as otherwise provided in sub-section(1) no member of the Committee while acting as such shall receive or be paid from out of the fund any salary or other remuneration except such travelling or daily allowances, ifany, as may be prescribed. (3) Members nominated shall be paid such honorarium/allowances as may be notified. Duties of the 11. Subject to the provisions of this Act and the rules made there under, itshall Committee be the duty ofthe Committee to lay down plans or policies or programme for implementation by Executive Committee or Committees as may be constituted from time to time and shall also supervise periodically the implementation ofthe policies etcand may also endorse such other additional duties orfunctions to the executive committee as itmay deem fit and proper; (1) to arrange for the proper performance of the pujas, shaptens, duechens, ritis, nitis rites etc and of the day to day rituals, daily or periodical rites of the monuments; (2) to provide facilities for the proper performance of worship by the pilgrims; (3) to ensure the safe custody of the funds, valuable relics,securities,idol,thankas 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 of proper standard of cleanliness and purity in the offerings made therein; (s) to ensure that funds of the specific and religious endowments are spent according to wishes, so far as may be known, of the donors; (6) to make provision for the payment of suitable emoluments to its salaried staff; (7) to prepare and implement, with the prior approval of the State Government, any remunerative scheme for establishment of retail shops for sale of commodities inside the complex wherein the monuments are located orany other commercial undertaking inorder to augment the resources and income of the temple; 6 (8) to take steps for resumption of any building or room situated within the premises of the Places of Pilgrimage 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 his service has become obsolete; (9) todo allsuch things as may be incidental and conducive tothe efficient management of the affairs of the Places of Pilgrimage and its endowments or to the convenience of the pilgrims. Constitution 12. (1) The Committee may constitute an Executive-Committee to aid and of Executive- advice the Committee in regard to all the matters concerning Committee management and affairs of the places of pilgrimage. (2) The composition, the term ofoffice and the procedure for the conduct of the business of the Executive-Committee shall be as may be prescribed. (3) The Executive-Committee will arrange for the proper performance of the pujas,shaptens,duechens and of the day to day rituals, daily or periodical worships of the places of pilgrimage. (4) The function of the Executive Committee shall be: (a) To provide facilities for the proper performance of worship by the pilgrims; (b) To ensure safe custody ofthe funds, valuable relics, securities and jewelleries and for the preservation and management of the properties vested in the places of pilgrimage; (c) To ensure maintenance of order and discipline and proper hygienic conditions in the places of pilgrimage of proper standard of cleanliness and purity in the offerings made therein; (d) To ensure that funds ofthe specific and religious endowments are spent according to the wishes, so far as may known, of the donors; (e) To make provision for the payment of suitable emoluments to its salaried staff; (f) To prepare and implement, with the prior approval ofthe State Government, any remunerative scheme for establishment of retail ships for sale of commodities inside the places of pilgrimage complex or any other commercial undertaking in order to augment the resources and income of the places of pilgrimage; (g) Totake steps for resumption of any building or room situated within the premises ofthe place ofpilgrimage from any person ifhe has ceased to render the service for the performance of which such building or room was allotted to him or if his service has become obsolete. 7 (h) To do all such things as may be incidental and conducive to the efficient management of the affairs of the places of pilgrimage and its endowments or to the convenience ofthe pilgrims; No movable property of a non-perishable nature of which the Committee is in possession and the value of which is not less than ten thousand rupees and nojewelleries, relics, religious objects shall besold, pledged orotherwise alienated without the previous approval of the State Government. Alienation of 13. (1) No immovable property taken possession of bythe Committee shall be put out inany form ortransferred except with the previous sanction places of of the State Government. Pilgrimage and other Religious (2) No immovable property taken possession of by the Committee shall Places properties be put out inandform ortransferred except with the previous sanction of the State Government. Removal of 14. (1) The provisions contained in the Sikkim Public Premises (Eviction of encroachment at Unauthorised Occupants and Rent Recovery) Act, 1980 shall be Places of Pilgrimage applicable, so far as may be, in respect of unauthorised occupation and Other Religious of any land belonging to the Places of Pilgrirr'clye as if it were the Places property of Government within the meaning of this Act. (2) The Director/Administrator may, with the prior approval of the Committee, make anapplication fortaking upappropriate proceedings under the said Act to the authority competent thereunder and thereupon it shall be lawful for such authority to take action in accordance with the provisions contained in that Act, Limitation of 15. The Committee shall have no power to borrow money from any person borrowing powers except with the previous sanction of the State Government. Administration 16. (1) The Committee shall annually submit to the State Government a report on the administration ofthe affairs ofthe places of pilgrimage report at such times as the State Government may prescribe and such report shall be published forthwith by the Committee in the manner prescribed. (2) The report prepared and published under this section shall, as soon as possible, be laid before the State Legislature. Delegation 17. The Committee may, with the prior approval of the State Government, of delegate any of its functions to the Director/Administrator or, as the case powers may be, to the officer who happens to be a member of the Executive Committee in place of a Director/Administrator. 8 Appointment of 18. (1) There shall be a Director/Administrator for the places of pilgrimage Director! who shall be appointed by the State Government from amongst Administrator persons in their active service. and Officers to (2) The State Government may also appoint one or more officers to assist him assist the Director/Administrator and the officers so appolntec shall, subject to the control of the Director/Administrator, perform such duties as he may, from time to time, assign. Powers and duties 19. (1) The Director/Administrator shall be the Secretary of the Committee of the Director! and its Chief Executive Officer and shall subject to the control ofthe Administrator Committee have powers to carry out its decision in accordance with the provisions of this Act. (2) Notwithstanding anything contained in sub-section(1), the Director/ Administrator shall be responsible for the custody of all records and properties of the Places of Pilgrimage and shall have the following powers:- (a) to appoint all officers and employees of the temple who profess Buddhist/Hindu religion and should be well conversant with rituals of puja and other rites etc.; (b) to lease out for a period according to norms/notifications of administrative department at atime the lands and building of the places of pilgrimage which are ordinarily leased out; (c) to call for tender for works or supplies and accept such tenders as may be prescribed or notified; (d) to order for emergency repairs; (e) to specify, by general or special orders, such conditions and safeguards as hedeems fit subject to which any office holder or servant shall have the right to be in possession of jewels or other valuable belongings of the places of pilgrimage; (f) to decide disputes relating to the collection, distribution or appointment of offerings, fees and other receipts in cash or in kind received from the members of the public; (g) to decide disputes relating to rights, privileges, duties and obligations of office holders and servants in respect of puja and rituals and other day to day work, whether ordinary or special in nature; (h) to require various volunteers/sevaks and other persons to do their legitimate duties in time; (i) in absence of any sevaklvolunteer or his substitute or on the failure onthe part ofany such person to perform hisduties to get the work done by any other person; Provided that the exercise ofthe power under clauses (a), (b), (c) and (e)shall be subject to the directions, if any, of the Committee issued specifically inthat behalf. 9 (3) The Director/Administrator may, subject to such conditions if any, as the Committee may, by general or special order impose, afford facilities on payment of fees for special service, ritual or ceremony, . such service, ritual or ceremony not being inconsistent with the custom and usage of the temple and he shall have power to determine the portion, ifany, of such fees which shall be paid to the sevaks, office holders or servants of the Places of Pilgrimage. Control of 20. All volunteers, office holders and servants attached to the Places of sevaks/ Pilgrimage or in receipt of any emoluments or perquisites there-from shall, volunteers etc. whether such service is hereditary or not, be subject to the control of the Director/Administrator who may, subject to the provisions of this Act and the regulations made bythe Committee inthat behalf, after giving the person concerned a reasonable opportunity of being heard,- (a) withhold the receipt of emoluments or perquisites; (b) impose afine of an amount not exceeding RS.500/- (Rupees five hundred)only; (c) suspend; or (d) dismiss; any of them for breach of trust, incapacity, disobedience of lawful orders, neglect or the willful absence from duty, disorderly behavior or conduct derogatory to the discipline or dignity of the Places of Pilgrimage or for any other sufficient cause. Extraordinary 21. The Director/Administrator may in cases of emergency direct the execution powers of the of any work orthe doing of any act which is not provided inthe budget for (,')1' Directorl the year and immediate execution or the doing of which is in his opinion Administrator necessary for the preservation of the properties of the temple and its endowments orforthe service or safety ofthe pilgrims resorting to the temple or other religious places or for the due performance of the day to day work therein and may direct that the expenses of executing such work or doing the act shall be paid from the fund. The Director/Administrator shall forthwith report to the Committee the action taken under this section and the reasons thereof. Establishment 22. (1) After the appointment ofthe first Director/Administrator, he shall, as Schedule 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 places of pilgrimage 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 effected in such schedule except with the sanction of the Committee. 10 (3) Subject to such exceptions as the Committee may by general or special order direct the officers and employees of the temple on the date of the commencement of this Act shall continue as such and the conditions oftheir services shall be regularized inthe prescribed manner. Appeal against 23. (1) Any person aggrieved by any order passed by the Director/ the orders of the Administrator under clause (f) and (9) of sub-section (2) of section Director! 19 and section 20 may within 15 (fifteen) days of the date of Administrator communication ofthe order to him prefer an appeal before the Appeal Committee. (2) All appeals filed under sub-section (1) shall be heard and disposed of by the Appeal Committee as hereinafter constituted. (3) The Appeal Committee shall consist of the members notified bythe Administrative Department from among its officials. (4) The Appeal 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 deems fit. (5) The decision ofthe majority ofAppeal Committee, where the decision is not unanimous, shall be deemed to be the decision of the Appeal Committee: Provided that where the Chairman of the Appeal Committee differs 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 majority thereof in case it is not unanimous shall be final. (6) No order made by the Director/ Administrator as referred to in sub- section (1) hereinabove or by the Appeal 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 ofthe said order pending the final disposal of the proceedings before such Court or of any appeal or application arising therefrom or in relation thereto. Budget 24. (1) The Director/Administrator shall, every year, prepare in the prescribed manner and form a budget estimate of the receipts and expenditure ofthe temple 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. 11 (2) Before sanctioning the budget, the State Government shall satisfy themselves that the adequate provision has been made inthe 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 ofthe budget so as to ensure that such provisions are made. (3) The decision ofthe State Government sanctioning the budget subject tothe modifications, ifany, shall be cornmunlcated tothe Committee 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 deemed to have been sanctioned in pursuance of this section. Revised or 25. If inthe course of any year, the Committee finds it necessary to modify the Supplementary figures shown in the budget with regard to its receipts or expenditure it may budget submit a supplementary or revised budget to the State Government: Provided that no alteration shall be made without the consent ofthe State Government in the working balance. Accounts 26. (1) The State Government shall, every year, appoint an auditor to audit and Audit the accounts of the temple and its endowments in the prescribed manner and fix his remuneration which shall be paid to such auditor from the funds thereof. The auditor shall submit his report to the Committee and send a copy of it to the State Government which may issue such directions therein as they il-:"i! deem fit and the Committee shall carry out such directions. (2) The report of the auditor and the directions issued by the State Government thereon shall be published in the prescribed manner. Places of 27. (1) There shall be constituted afund for the Places of Pilgrimage as the case may be of the name and nomenclature as may be notified by Pilgrimage Fund the administrative department which shall be vested in and be administered by the Committee and save as otherwise provided in this Act shall consist of:- (a) the income derived from the movable and immovable properties of the Places of Pilgrimage; (b) any contribution by the State Government either by way of grant or by way of loan; (c) all fines and penalties imposed under this Act; •• (d) all recoveries under this Act; and 12 (e) any other gifts or contributions made by the public, local authorities or institutions. (2) The said fund may be utilized 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 Places of Pilgrimage and its properties; (b) training ofsevaks/volunteers 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 building for their accommodation; (d) culture and propagation of the tenets and philosophy associated with Places of Pilgrimage; (e) any other work or undertaking for the purposes ofthe Places of Pilgrimage authorized by the State Government, so long as such authorization subsists; and (f) with the previous sanction of the State Government for the establishment and maintenance of or making any grant or contribution to any leper asylum, poor home, orphanage or similar other institutions. Recovery of 28. All amounts due to the Places of Pilgrimage including fines, ifany, imposed Pilgrimage dues under this Act shall without prejudice to any other mode of recovery be . recoverable as arrears of land revenue on acquisition made bythe Director/ Administrator in that behalf. Installation of 29. (1) The Committee may, with the approval of the State Government, Donationl install one or more receptacles (hereinafter referred to as donation/ Offering Box offering box) at such place or places inthe Places of Pilgrimage as it may think fit for placing of offerings by the pilgrims and devotees visiting the Places of Pilgrimage (2) The donation/offering box shall be operated by such person and in such manner as the State Government may, from time to time, determine. (3) The State Government may, from time to time, direct such portion of the offerings placed in a donation/offering box be credited to the Foundation Fund. (4) No person shall, without being authorized by the Director/ Administrator in this behalf, go near or interfere in any manner with any donation/offering box installed in the Places of Pilgrimage: 13 Provided that no such authorization shall be required for going near any donation/offering box for the bonafide purpose of placing any offering therein. Foundation fund 30. (1) There shall be constituted afund called "Places of Pilgrimage Fund (hereinafter referred to as the Foundation Fund) which shall vest in and be administered bythe Foundation Fund Committee under sub- section (5). (2) The Foundation Fund shall consist of all donations and contributions made by any person to the Places of Pilgrimage 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 bank or 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 out of the Foundation Fund as they may fix to be utilized for any purpose of the temple as may specify. (4) All amounts accruing by way of interest on such fixed deposits shall be credited to and form part of Foundation Fund constituted under this section. (5) The Foundation Fund Committee shall consists of the following members:- (a) the Chief Minister of the State of Sikkim who shall be the Chairman; (b) the Minister-in-Charge ofTourism and Civil Aviation who shall be the Vice-Chairman; (c) the Secretary tothe Government inTourism and Civil Aviation Department; (d) the Secretary to the Government inthe Finance Department or his nominee who shall not be below the rank of a Joint Secretary; (e) the Director/Administrator of the Places of Pilgrimage who shall be the Member Secretary. (6) The Foundation Fund Committee shall conduct its business in such manner as they may determine. (7) During the absence ofthe Chairman the Vice-Chairman shall act as and perform the functions of the Chairman: 14 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 offices ofthe Chief Minister and the Minister, Tourism and Civil Aviation Department remains vacant. (8) Notwithstanding anything to the contrary contained in any law, custom, usage oragreement, no person shall be entitled to any share out of the amount of donations or contributions to the Foundation Fund made under sub-section (2). Bar to Suits or 31. Save as otherwise expressly provided in this Act, no suit or proceeding proceedings shall lieinany Court against the State Government or against the Committee or the Director/Administrator for anything done or purported to be done by any of them under the provisions of this Act. Power of the 32. (1) Subject to provisions ofthis Act, the general superintendence ofthe State Government Places of Pilgrimage and its endowments shall vest in the State Government which may pass any order that may be deemed necessary for the proper maintenance oradministration ofthe temple or itsendowments or inthe interest ofthe general public worshipping in the Places of Pilgrimage. (2) Subject to the provisions ofthis Act, the State Government may call for and examine the records of the Director/Administrator or of the Committee in respect of any proceedings with a view to satisfy themselves as tothe regularity ofsuch proceeding orthe correctness, legality or propriety of any decision or order made thereto and, if in any case, itappears tothe State Government that any such decision or order should be modified, annulled, reversed or remitted for re- consideration, they may pass order accordingly: Offences 33. Provided that the State Government may stay the execution of any such decision or order pending in exercise oftheir power under sub-section (2) in respect thereof. (1) Whenever any person having duties to perform in respect of the daily or periodical rituals of the Places of Pilgrimage or worship of the deity raises any claim or dispute and fails or refuses to perform such duties, knowing or having reasons to believe that the non- performance ofthe said duties would cause delay inthe performance of the rituals or worship or inconvenience or harassment to the public or any section thereof entitled to worship in the temple and willfully disobeys or fails to comply with the orders of the Director/ Administrator directing him to perform his duties without prejudice to the results of a proper adjudication of such claim or disputes, such person or any other person who abets such conduct shall be 15 guilty of an offence punishable on conviction with fine which may extend upto Rs.500/- (Rupees five hundred)only. (2) Whoever voluntarily causes obstruction by use offorce or otherwise, . to any person in the due performance of any puja or ritual which such person isentitled or authorized to perform, shall, on conviction, be punishable with imprisonment which may extend to six months orwith fine which may extend to RS.500/- (Rupees five hundred)only or with both. (3) Whoever not being authorized by the Committee or the Director/ Administrator interferes with the free moverner.t ofvisitors within the premises of the Places of Pilgrimage or with any precautionary measures taken for their safety or convenience shall, on conviction, be punishable with imprisonment which may extend to three months or with fine which may extend to RS.500/- (Rupees five hundred)only or with both. (4) Whoever,- (a) not being the person entitled to perform any ritual or puja or to make any offering to any deity installed within the premises of the Places of Pilgrimage, perform such ritual or puja or makes such offering; or (b) forcibly enters into nay place within the Places of Pilgrimage when such entrance is prohibited under any law or custom or under any lawful order issued by the Committee or by the Director/Administrator; or (c) takes inside the premises of the Places of Pilgrimage any article knowing that the taking of such article is prohibited under any law or custom or by any ceclaration made and published in the prescribed manner by the Committee with due regard to the prevailing custom, public health, morality or the religious sentiments of the public; shall, on conviction, be punishable with imprisonment which may extend to two months or with fine which may extend to Rs.500/- (Rupees five hundred)only or with both. (5) Whoever answers the call of nature at any place within the premises of the Places of Pilgrimage other than that set apart for the purpose or enters the Places of Pilgrimage in a state of intoxication and conduct himself in such a manner as to cause annoyance to any person or commits any act of indecency or uses obscene of abusive language within the premises of the Places of Pilgrimage shall, on conviction, be punishable with fine which may extend to Rs.500/- (Rupees five hundred) only. 16 Offences to be 34. Any police officer may arrest without warrant any person who iscommitting cognizable orwho isreasonably suspected to have committed any offence under this Act. Cognizance of 35. (1) No Court inferior tothat of aJudicial Magistrate shall try any offences offences under this Act. (2) No Court shall take cognizance of any such offence without the previous sanction of the Director/Administrator. Composition of 36. (1) The Director/Administrator may accept from any such person against offences whom a reasonable suspicion exists that he has committed an offence under this Act, asum of money not exceeding the maximum amount of fine which may be imposed in respect of that offence by way of composition of the offence. (2) On the payment of such sum of money, the suspected person, if in custody, shall be discharged and no further proceedings shall be taken against such person. Funds to be 37. All amounts realized on account of fines upon conviction for offences under credited to this Act shall be credited to the temple fund. Places of Pilgrimage Fund Regulations 38. The Committee may, subject tothe approval ofthe State Government, make regulations not inconsistent with the provisions of this Act and the rules, made thereunder to provide for the manner in which the duties imposed on it under this Act and it functions thereunder shall be discharged and in particular to provide for:- (a) conditions of service of office bearers and employees of the temple; (b) procedure for observance of rituals and other usages in the Places of Pilgrimage. (c) any other matters for which regulations are required to be made for purpose of this Act. Power to 39. (1) The State Government may make rules to carry out the purposes of make rules this Act. (2) In particular and without prejudice to the generality of foregoing power, they shall have power to make rules with reference to,- (a) all matters expressly required or bythis Act to be prescribed; (b) all manner of exercise of control by the Committee over the actions of the Administrator; (c) the grant of traveling or daily allowances to the members of the Committee; 17 (d) the performance of duties by the Committee under section 11 and mode and extent of expenditure under section 27; (e) the publication ofthe Administration report under section 16; (f) the custody of records and properties; (g) the preparation of the budget estimate for the temple; (h) the preparation and sanction of estimates and acceptance of tenders in respect of public works and for supplies; (i) the custody and investments ofthe Places of Pilgrimage fund by the Committee; m the audit of the accounts of the temple and the particulars to be mentioned inthe audit report and the manner ofpublication thereof and of the directions issued under section 26; (k) the recovery of amounts payable to auditors appointed by the State Government; and (I) any other matter that required for the efficient administration of the Temple and its endowments. Committee to 40. (1) The Committee shall be entitled to take and be in possession of all be in possession movable and immovable properties including funds, jewelleries, of the Places of records, documents and other assets belonging to the Places of Pilgrimage and Pilgrimage. its properties (2) If in obtaining such possession, the Committee or any person authorized inthis behalf by the Committee is resisted or obstructed by anyone, it may make a requisition in the prescribed form to any Magistrate of the first class within whose jurisdiction any such property is situated to deliver possession to the Committee. On receipt ofthe requisition the Magistrate shall hold asummary enquiry into the fact of the case and if satisfied that the resistance or obstruction was without any just cause, shall comply with the said requisition and in exercising the powers under this section the Magistrate shall be guided by the rules made under this Act. (3) No suit, prosecution or other legal proceedings shall lie against the Committee or any person acting under its ':'structions or authorized by it for anything done in good faith under sub-section (2): Provided that nothing contained in this section shc:" bar the institution of a suit by any person aggrieved by an order made thereunder from establishing his title to the said property. Public officers to 41. All public officers having custody of any record, register, report or other furnish copies of documents relating thetemple orany movable orimmovable property thereof or extracts from shall furnish such copies of or extracts from the same as may be required certain documents by the Director/Administrator. 18 Acts of 42. (1) No act or proceeding of the Committee or any person acting as a Committee member of the Committee shall be deemed to be invalid by reason and Director! only of adefect inthe establishment or constitution ofthe Committee Administrator or on the ground that any member of the Committee was not entitled not to be to hold or continue insuch office by reason of any disqualification or invalidated by reason of any irregularity or illegality in his appointment or by reason of such act having been done or proceeding taken during the period of any vacancy inthe office of member ofthe Committee. (2) No act or proceeding of the Director/Administrator shall be deemed to be invalid by reason of only of a defect or irregularity in his appointment or on the ground that he was not entitled to hold or continue in office by reason of any disqualification. Director! 43. The Director/Administrator and every person duly authorized by him or by Administrator the Committee shall, while acting under any of the provisions ofthis Act, be etc. to be public deemed to be public servant within the meaning of section 21 of the Indian servants Penal Code. Powers to 44. If any difficulty arises in giving effect to the provisions of this Act, the State remove Government may, as occasion may require, by order to do anything not difficulties inconsistent with this Act or the rules made thereunder which appears to them necessary for the purpose of removing the difficulty. LAKCHUNG SHERPA, SSJS L.R. CUM-SECRETARY, LAW DEPARTMENT. FILE NO. 16 (82)/LDn7-14