The Haryana Shri Kapal Mochan, Shri Badri Narain, Shri Mantra Devi and Shri Kedar Nath Shrine Act, 2009 (12 of 2010)

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THE HARYANA SHRI KAPAL MOCHAN, SHRI BADRI NARAIN,
SHRI MANTRA DEVI AND SHRI KEDAR NATH SHRINE ACT, 2009.
(Haryana Act No. 12 of 2010)
Table of contents
SECTIONS:
1. Short title and commencement.
2. Definitions.
3. Vesting of Shrine fund.
4. Constitution of Board.
5. Defraying of Shrine funds.
6. Incorporation of Board.
7. Term of office of member.
8. Disqualification for membership.
9. Dissolution and supersession of Board.
10. Filling up of vacancies.
11. Resignation.
12. Office and meetings of Board.
13. Appointment of officers and servants of Board.
14. Officers and servants of Board to be public servants.
15. Liability of members.
16. Alienation of property.
17. Power to borrow or lend.
18. Duties of Board.
19. Rights of pujari.
20. Preparation and maintenance of registers.
21. Annual verification of register.
22. Inspection of property and documents.
23. Restriction on registration of documents.
24. Recovery of property.
25. Removal of encroachment.
26. Power to act for protection of Shrine.
27. Appointment and tenure of pujari.
28. Power to suspend, remove or dismiss.
29. Disqualifications.
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SHRI KAPAL MOCHAN, SHRI BADRI NARAIN,
SHRI MANTRA DEVI AND SHRI KEDAR NATH SHRINE
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30. Filling of vacancy.
31. Budget of Shrine.
32. Accounts.
33. Penalty for refusal to comply.
34. Penalty for wrongful withholding of property.
35. Protection of action taken under this Act.
36. Power to give directions.
37. Power to review.
38. Power to remove difficulties.
39. Bar of Jurisdiction.
40. Power to make rules.
41. Certain enactments to cease to apply to Shrine.
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SHRI KAPAL MOCHAN, SHRI BADRI NARAIN,
SHRI MANTRA DEVI AND SHRI KEDAR NATH SHRINE
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1THE HARYANA SHRI KAPAL MOCHAN, SHRI BADRI NARAIN,
SHRI MANTRA DEVI AND SHRI KEDAR NATH SHRINE ACT, 2009.
(Haryana Act No. 12 of 2010)
[Received the assent of the President of India on the 23rd July, 2010,
and first published for general information in the Haryana Government
Gazette (Extraordinary), Legislative Supplement Part I of the
10th September, 2010.]
  1  2        3 4
Year No. Short Title Whether repealed or otherwise
affected by legislation
2010 12 The Haryana
Shri Kapal Mochan,
Shri Badri Narain,
Shri Mantra Devi
and Shri Kedar Nath
Shrine Act, 2009
1. For Statement of Objects and Reasons, see Haryana Government Gazette (Extra.), dated
the 10th February, 2009, Page 399.
AN
ACT
to provide for the better management, administration and governance
of Shri Kapal Mochan, Shri Badri Narain, Shri Mantra Devi and
Shri Kedar Nath Shrine and its endowments including the lands
and buildings attached or appurtenant to the Shrine.
Be it enacted by the Legislature of the State of Haryana in the Sixtieth
Year of the Republic of India as follows :—
1. (1) This Act may be called the Haryana Shri Kapal Mochan,
Shri Badri Narain, Shri Mantra Devi and Shri Kedar Nath Shrine Act, 2009.
(2) It shall come into force at once.
2. In this Act, unless the context otherwise requires,—
(a) “Board” means Shri Kapal Mochan, Shri Badri Narain,
Shri Mantra Devi and Shri Kedar Nath Shrine Board
constituted under section 4;
(b) “endowment” means all property, movable or immovable,
belonging to, or given or endowed for the maintenance,
Short title and
commencement.
Definitions.
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improvement, additions to, or worship in the Shrine or for
the performance of any service or charity, connected
therewith and includes the idols installed therein, the
premises of the Shrine and gifts of property made to any
one within the precincts of the Shrine and land and
buildings attached, or appurtenant thereto;
(c) “Government” means the Government of the State of
Haryana;
(d) “math” means a math as understood under Hindu Law;
(e)  “member” means member of the Board constituted under
section 4 and includes a Member-Secretary, Vice-Chairman
and Chairman professing Hindu religion, in case Chairman,
Vice-Chairman, ex-officio member and Member-Secretary
happens to be non-Hindu, the Government may appoint
in his place another member professing Hindu religion;
(f) “prescribed” means prescribed by rules made under this
Act;
(g) “pujari” means pujari and includes pandits and purohits
or such other person who performs or conducts puja or
other rituals;
(h) “Shrine” means the Shrine of Shri Kapal Mochan, Shri Badri
Narain, Shri Mantra Devi and Shri Kedar Nath, all temples,
math and idols within the premises of Shri Kapal Mochan,
Shri Badri Narain, Shri Mantra Devi and Shri Kedar Nath
and endowments attached thereto, established with a
religious object for a public purpose and includes,—
(i) all properties movable, immovable, belonging to or
given or endowed for worship in, maintenance or
improvement of, additions to, or temple, for the
performance of any service or charity connected
therewith; and
(ii) the idols installed in the temples, clothes, ornaments
and things for decoration, etc.;
(i) ‘Shrine fund” means and includes all sums received by or
on behalf of, or for the time being held for the benefit of
the Shrine, and also includes all the endowments which
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SHRI KAPAL MOCHAN, SHRI BADRI NARAIN,
SHRI MANTRA DEVI AND SHRI KEDAR NATH SHRINE
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have been or may hereafter be made for the benefit of the
Shrine or any other deity thereof in the name of any person,
or for the convenience, comfort or benefit of the pilgrims
thereto, as well as all offerings made to any of the deities
comprised in the Shrine;
(j) “temple” means a place, by whatever designation known,
used as a place of public religious worship, and dedicated
to, or for the benefit of, or used as of right by, the Hindu
community or any section thereof as a place of public
religious worship.
3. The ownership of the Shrine fund shall, from the commencement
of this Act, vest in the Board and the Board shall be entitled to its
possession, administration and use for the purposes of this Act.
4. The administration, management and governance of the Shrine
shall vest in a Board consisting of a Chairman, Vice-Chairman and not
more than fifteen members. The composition of the Board shall be as
follows:—
(a) Chief Minister, Haryana, shall be the Chairman;
(b) Minister-in-Charge, Urban Local Bodies Department,
Haryana, shall be the Vice-Chairman;
(c) Secretary to Government, Haryana, Urban Local Bodies
Department, whether designated as Financial
Commissioner, Urban Local Bodies or Commissioner,
Urban Local Bodies, as the case may be, shall be the ex-
officio member;
(d) Director, Urban Local Bodies Department, Haryana shall
be the ex-officio member;
(e) Deputy Commissioner, Yamunanagar, shall be the ex-
officio Member-Secretary;
(f) Divisional Forest Officer (Territorial),  Jagadhri, District
Yamuna Nagar, shall be the ex-officio member;
(g) nine persons to be nominated by the Government, as
members, in the following manner :—
(i) two persons, who in the opinion of the Government,
have distinguished themselves in the service of Hindu
religion or culture;
Vesting of
Shrine fund.
Constitution of
Board.
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(ii) two women, who in the opinion of the Government,
have distinguished themselves in the service of Hindu
religion, culture or social work, especially in regard
to advancement of women;
(iii) three persons, who in the opinion of the Government,
have distinguished themselves in administration, legal
affairs or financial matters;
(iv) two eminent Hindus of the State of Haryana.
5. The Shrine funds shall be applied for,—
(a) defraying expenses for the proper maintenance of the
Shrine, performance of puja and other rituals;
(b) providing amenities, facilities to the visiting devotees;
(c) establishment and maintenance of the educational
institutions;
(d) training of vidyarthies; and
(e) securing the health, safety and convenience of disciples,
pilgrims and worshippers visiting the Shrine.
6. The Board shall be a body corporate and shall have perpetual
succession and a common seal and may by the said name sue and be
sued.
7. A nominated member of the Board shall hold office during the
pleasure of the Government; provided that his term of office shall not
exceed three years from the date of his nomination under section 4.
8. A person shall be disqualified for being nominated as a member
of the Board if he, —
(a) is not a Hindu;
(b) is of unsound mind and stands so declared by a competent
court;
(c) is a deaf, dumb or is suffering from contagious leprosy or
any virulent contagious disease;
(d) is an undischarged insolvent;
(e) is appearing as a legal practitioner against the Board;
(f) is sentenced by a criminal court for an offence involving
moral turpitude, such sentence not having been reversed;
Defraying of
Shrine funds.
Incorporation
of Board
.
Term of office
of member.
Disqualification
for
membership.
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(g) is an office-holder or servant attached to the Board;
(h) has  been  guilty  of  corruption  or  misconduct  in  the
administration of the Shrine;
(i) is addicted to intoxicating liquors or drugs; and
(j) has acted against the interest of the Shrine, in the opinion
of the Government.
9. (1) If in the opinion of the Government, the Board is not
competent to perform, or persistently makes default in performing, the
duties imposed on it under this Act or exceeds or abuses its powers, the
Government may, after due enquiry and after giving the Board a reasonable
opportunity of being heard, by orders, dissolve or supersede the Board
and reconstitute another Board in accordance with this Act.
(2) Where a Board is dissolved or superseded under this
section, the Government shall assume all the powers and perform all the
functions and exercise all the powers of the Board for a period not
exceeding three months or until the constitution of another Board,
whichever is earlier.
10. (1) Casual vacancy of a member shall be filled in the same
manner as provided in section 4.
(2) The term of a member nominated to fill a casual vacancy
shall expire on the day on which the term of the member in whose vacancy
the nomination has been made would have expired.
(3) Nothing done by the Board shall be invalid only by the
reason of there being a casual vacancy.
11. Any nominated member may resign his office as member by
giving notice in writing to the Chairman and his office shall become vacant
from the date of acceptance of the same by the Government.
12. (1) The Board shall maintain its office at such place, as it may
decide.
(2) At the meeting of the Board, the Chairman or in his
absence, the Vice-Chairman, shall preside.
(3) No business shall be transacted at any meeting unless at
least five members are present.
(4) Every decision of the Board shall, except as expressly
provided by this Act, be by a majority of votes, and in case of equality of
votes, the person presiding shall have a second or casting vote.
Dissolution and
supersession of
Board.
Filling up of
vacancies.
Resignation.
Office and
meetings of
Board.
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13. (1) For the efficient discharge of the duties assigned to it under
this Act, the Board may appoint a Chief Administrator, Chief Executive
Officer and such other officers and servants as it considers necessary with
such designations, pay, allowances and other remunerations and perquisites
as the Board may determine from time to time.
(2) The Chairman of the Board, subject to any rules made
under this Act, shall have the power to transfer, suspend, remove or dismiss
any officer or servant of the Board for the breach of discipline, carelessness,
unfitness, neglect of duty or misconduct or for any other sufficient cause:
Provided that where the officer or the servant is a Government
servant, he may be reverted to his parent cadre or department in the
Government.
14. The members, officers and servants of the Board shall, while
acting or purporting to act in pursuance of the provisions of this Act or
any rules made thereunder, be deemed to be public servants within the
meaning of section 21 of the Indian Penal Code, 1860 (Act 45 of 1860).
15. Every member of the Board shall be liable for the loss, waste
or mis-application of the Shrine fund if such loss, waste or mis-application
is a direct consequence of his willful act or omission while as member
and a suit for compensation may be instituted against him by the Board.
16. (1) No jewellery, ornaments which have once been adorned
on the idols or other valuable property of non-perishable nature forming
part of the Shrine fund shall be transferred, exchanged, sold or disposed
of without the previous sanction of the Government on the
recommendations of the Board.
(2) No land or other immovable property held by the Board
shall be alienated except by a resolution of the Board and the approval of
the Government.
17. No money shall be borrowed or lent except by a resolution of
the Board and the approval of the Government.
18. Subject to the provisions of this Act and the rules made
thereunder, it shall be the duty of the Board,—
(i) to arrange for the proper performance of worship at the
Shrine;
(ii) to provide facilities for the proper performance of worship
by the pilgrims;
(iii) to make arrangements for the safe custody and preservation
of the Shrine funds, valuable security and jewellery;
Appointment
of officers and
servants of
Board.
Officers and
servants of
Board to be
public servants.
Liability of
members.
Alienation of
property.
Power to
borrow or lend.
Duties of
Board.
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(iv) to undertake for the benefit of worshippers and pilgrims—
(a) the construction of buildings for their accommodation;
(b) the construction of sanitary works; the improvement
of means of communication;
(v) to undertake the developmental activities concerning the
area of the Shrine and its surroundings;
(vi) to make suitable arrangements for the imparting of
religious instructions and general education;
(vii) to make provision of medical relief for worshippers and
pilgrims;
(viii) to make provisions for the payment of suitable emoluments
to the salaried staff;
(ix) to do all such things as may be incidental and conducive
to the efficient management, maintenance and
administration of the Shrine and the Shrine fund and the
convenience of the pilgrims.
19. (1) All rights of a pujari shall stand extinguished from the date
of commencement of this Act:
Provided that the Government may constitute a Tribunal in such
manner, as may be prescribed, which, after giving personal hearing to the
pujari and the representatives of the Board, shall recommend compensation
to be paid by the Board, in lieu of extinction of his rights. While making
its recommendations to the Board, the Tribunal shall have due regard to
the income which the pujaris had been deriving:
Provided further that where a pujari surrenders his right to
compensation and offers himself for employment to the Board, the Board
shall cause his suitability for such employment to be adjudged and may
offer him employment in case he is found suitable by the selection
committee to be appointed for the purpose subject to the pujaris giving an
undertaking to abide by the administrative and disciplinary control of the
Board in accordance with the rules made under this Act.
(2) All such employees of the Shrine as are engaged on any
function connected with the Shrine shall, unless they exercise an option
to the contrary be deemed to have become the employees of the Board on
the commencement of this Act and would be subject to the administrative
and disciplinary control of the Board. Their terms and conditions of service
shall be regulated by the rules made under this Act which shall, as far as
Rights of
pujari.
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practicable not be inferior to the present level of remuneration and other
terms and conditions of their service.
(3) The shopkeepers and other lease holders, who are the
tenants of the Shrine in the area referred to in this Act, will become the
tenants of the Board.
20. (1) There shall be prepared and maintained, in such form and
manner, as may be prescribed, a register showing—
(a) the origin and history of the Shrine and particulars as
to the custom or usage of the Shrine;
(b) particulars of the scheme of administration and of the
scale of expenditure;
(c) the name of all officers to which any salary, emolument
or perquisite is attached and the nature, time and
conditions of service in each case;
(d) the money, jewelleries,  jewels, gold, silver, precious
stones, vessels and utensils and other movable
belongings to the Shrine with their weights, details of
the constituent elements and estimated value thereof;
(e) particulars of immovable properties and all other
endowments of the Shrine and all title deeds and other
documents;
(f) particulars of, details of constituent elements of and
coloured photographs of the idols and other images
in or connected with the Shrine, whether intended for
worship or for being carried in processions;
(g) particulars of ancient or historical records with their
contents in brief; and
(h) such other particulars as may be required by the
Board.
(2) The register shall be prepared, signed and verified by the
Chief Executive Officer or an officer authorized by the Board within three
months from the date of notice served upon him by the Member-Secretary
in this behalf or within such further period as may be allowed by him.
(3) The Board may, after such enquiry as it may consider
necessary, recommend and direct the officer to carry out such alterations,
omissions or additions in the registers as the Board may think fit.
Preparation and
maintenance of
registers.
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(4) The officer shall carry out the directions of the Board and
submit the register to the Board for approval within a period of three
months from the date of the order.
21.  (1) The Chief Executive Officer or any officer authorized by
the Board shall scrutinize the entries in the register every year, or at such
interval of times, as may be prescribed, and submit the same to the Board
through the Member-Secretary for its approval.
(2) The Board may, thereupon, after such inquiry as it may
consider necessary, direct the alterations, omissions or additions, if any,
to be made in the register.
(3) The officer authorized by the Board shall carry out the
alterations, omissions or additions ordered by the Board in the copy of
the register kept by him, within three months from the date of the order.
22. (1) The Member-Secretary of the Board or any officer
authorized in that behalf by the Board or the Government, may inspect all
movable or immovable properties belonging to, and all records,
correspondence, plans, accounts and other documents relating to the Shrine
and it shall be the duty of all officers and servants working under him,
and any person having concern in the administration thereof, to afford all
such assistance and facilities, as may be necessary or
reasonably required in regard to such inspection, and also to produce any
such movable property or document for inspections, if so required.
(2) For the purposes of inspection as aforesaid the inspecting
authority shall, subject to the local practice, custom or usage, have power
to enter at any reasonable hour the premises of the Shrine.
(3) Nothing in this section shall be deemed to authorize any
person to enter the premises or place referred to in sub-section (2) or any
part thereof unless such person professes the religion to which the premises
or place belongs.
23. Notwithstanding anything contained in the Registration Act,
1908, (Act 16 of 1908), the registering authority shall not accept for
registration any deed or alienation of immovable property belonging to
the Shrine unless a certified copy of the order made under section 16
sanctioning such alienation is filed along with the deed.
24. (1) Whenever it comes to the notice of the Board that any
immovable property belonging to the Shrine has been alienated in
contravention of the provisions of this Act, it shall refer the matter to the
Government.
Annual
verification of
register.
Inspection of
property and
documents.
Restriction on
registration of
documents.
Recovery of
property.
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(2) Upon receipt of a reference made under sub-section (1),
the Government shall hold a summary enquiry in such manner as may be
prescribed and on being satisfied that any such property has been so
alienated, shall deliver possession of the same to the Board.
25. (1) The provisions contained in the Haryana Public Premises
and Land (Eviction and Rent Recovery) Act, 1972, (Act 24 of 1972),
shall be applicable, as far as may be, in respect of unauthorized occupation
of any land or premises belonging to the Shrine, as if it were the property
of Government, within the meaning of that Act.
(2) The Member-Secretary of the Board may make an
application for taking up appropriate proceedings under the Act referred
to in sub-section (1) to the authority competent thereunder and thereupon
it shall be lawful for such authority to take action in accordance with the
provisions in that Act.
26. (1) Where the Board has the reason to believe that—
(a) any property belonging to the Shrine is in danger of
being wasted, damaged or improperly alienated by
any person; or
(b) such person threatens, or intends to remove or dispose
of that property,
the Member-Secretary of the Board may, by order grant a temporary
injunction or make such other order, for the purpose of staying and
preventing the wastage, damage, alienation, sale, removal, or disposition
of such property, on such terms as to the duration of injunction, keeping
of accounts, giving security, production of the property or otherwise, as
he thinks fit.
(2) The Member-Secretary of the Board shall in all such cases,
except where it appears that the object of granting injunction would be
defeated by delay, before granting an injunction, give notice of the facts
to the person concerned.
(3) After hearing the person concerned and holding such
inquiry, as he may think fit, the Member-Secretary may confirm, discharge,
vary or set aside the order of injunction or pass an appropriate order.
(4) In case of disobedience or breach of any injunction, any
of its terms or any order passed under this section, the Member-Secretary
may apply to the Government, who may, after hearing the Member-
Secretary and the party affected, order the property of the person, guilty
of such disobedience or breach, to be attached, and may also order the
Removal of
encroachment.
Power to act
for protection
of Shrine.
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said person to be detained in civil prison for a term not exceeding one
year. No attachment under this sub-section shall remain in force for more
than two years, at the end of which time, if the disobedience or breach
continues, the property attached may be sold, and out of the sale proceeds,
the Government may award such compensation as it thinks fit, and shall
pay the balance, if any, to the person entitled thereto, and thereupon the
temporary injunction granted or any order passed by the Member-Secretary
of the Board under this section, if in force, shall stand vacated or, as the
case may be, cancelled.
(5) A person against whom the order of injunction or any other
order under this section is passed, may, within a period of ninety days
from the date of communication of such order, appeal to the Government
against such order.
27. (1) The Board or the officer authorized by it, shall appoint
pujaris of the Shrine and in making such appointment, he shall have due
regard to the claims of persons belonging to the religious denomination
for whose benefit the Shrine is mainly maintained.
(2) A pujari shall hold office for a term of five years, unless in
the meanwhile he is removed or dismissed or his resignation is accepted
by the Board or the officer authorized by it or he otherwise ceases to be a
pujari.
(3) A pujari shall be eligible for re-appointment.
28. (1) The Board or the officer authorized by it may suspend,
remove or dismiss the pujari for,—
(a) willful disobedience of any order issued under the
provisions of this Act;
(b) any malfeasance, misfeasance, breach of trust or
neglect of duty in respect of the Shrine or alienation
of any property, in contravention of the provisions of
this Act;
(c) any misappropriation of, or improper dealing with,
the properties of the Shrine;
(d) having been found under the influence of intoxicating
liquor or drugs in the Shrine;
(e) unsoundness of mind or other mental or physical
defect or infirmity which renders him unfit for
discharging the functions of a pujari:
Appointment
and tenure of
pujari.
Power to
suspend,
remove or
dismiss.
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Provided that no pujari shall be removed or dismissed by
the Board or the officer authorized by it under this section unless he has
been given a reasonable opportunity of being heard.
(2) A Pujari, who is suspended, removed or dismissed by the
Board or the officer authorised by it under sub-section (1) may, within
one month from the date of receipt of the order of suspension, removal or
dismissal, prefer an appeal to such authority and in such manner, as may
be prescribed.
(3) A pujari so suspended, removed or dismissed may be
allowed such maintenance, as may be fixed by the Board or the officer
authorised by it, considering the financial condition of the Shrine.
29. A person shall be disqualified for being appointed as, and for
continuing to be a pujari if he,—
(a) is an undischarged insolvent;
(b) is of unsound mind and stands so declared by a competent
court;
(c) is interested either directly or indirectly in a subsisting lease
or any property of, or contract made with, or any work
being done for, the Shrine or is in arrears of any dues
payable to the Shrine;
(d) is appearing as a legal practitioner on behalf of or against
the Shrine;
(e) has been sentenced by a criminal court for an offence
involving moral turpitude, and such sentence has not been
reversed;
(f) has acted adversely to the interest of the Shrine;
(g) is an addict to intoxicating liquors or drugs;
(h) has not completed twenty-one years of age; and
(i) ceases to profess Hindu religion or persuation or to belong
to the religious denomination to which the Shrine pertains.
30. (1) When a permanent vacancy occurs in the office of the pujari
of the Shrine, the pujari shall be appointed by the Board or by an officer
authorised by it.
(2) When temporary vacancy occurs in such an office by
reason of the suspension of a pujari, a pujari in his place shall be appointed
Disqualifications.
Filling of
vacancy.
/g62/g21/g19/g20/g19/g3 /g29/g3 /g43/g85/g17/g3/g36/g70/g87/g3 /g20/g21SHRI KAPAL MOCHAN, SHRI BADRI NARAIN,
SHRI MANTRA DEVI AND SHRI KEDAR NATH SHRINE
/g22/g28/g20
by the Board or the officer authorised by it to discharge the functions of
the pujari until his disability ceases.
31. (1) The Member-Secretary of the Board shall, before the end
of December, in each year, submit to such authority and in such form and
manner, as may be prescribed, a budget showing the probable receipts
and disbursements of the Shrine during the following financial year.
(2) Every such budget shall make adequate provision for—
(a) the scale of expenditure for the time being in force
and customary expenditure;
(b) the due discharge of all liabilities binding on the
Shrine;
(c) the expenditure on religious, educational and
charitable purposes not inconsistent with the objects
of the Shrine;
(d) the encouragement and the spread of religious
instruction according to the tenets of the Shrine;
(e) the expenditure on the repairs and renovation of the
buildings and preservation and protection of the
properties and assets of the Shrine.
(3) The Board may, on receipt of the budget make such
alterations, omissions or additions therein, as it may deem proper.
(4) Notwithstanding anything contained in any other law for
the time being in force or in any custom, usage or practice to the contrary,
the provisions made for remuneration of any office holder or for any
other item of expenditure in respect of the Shrine may be increased,
decreased or modified by the Board if such increase, decrease or
modification is considered necessary in view of the financial condition
and the interest of the Shrine.
32. (1) The officer authorised by the Board shall keep regular
accounts of all receipts and disbursements. Such accounts shall be kept
for each calendar year separately in such form and shall contain such
particulars, as may be prescribed.
(2) The accounts of the Shrine shall be audited annually by a
person who is a Chartered Accountant within the meaning of the Chartered
Accountants Act, 1949 (Act 38 of 1949), or by such other person, as may
be authorised in this behalf, by the Government.
Budget of
Shrine.
Accounts.
/g21/g19/g20/g19/g3 /g29/g3 /g43/g85 /g17/g3/g36/g70/g87/g3 /g20/g21/g64SHRI KAPAL MOCHAN, SHRI BADRI NARAIN,
SHRI MANTRA DEVI AND SHRI KEDAR NATH SHRINE
/g22/g28/g21
(3) Every auditor conducting the audit under sub-section (2)
shall have access to the accounts and to all books, vouchers, other
documents and records in possession of or under the control of the officer
authorised by the Board.
33. If any pujari, officer, servant or any other person concerned
with the administration of the Shrine—
(a) refuses, or wilfully fails to comply with the provisions of
this Act or the rules framed thereunder or the orders and
directions issued thereunder or obstructs any proceedings
taken under this Act or the rules framed thereunder; or
(b) refuses, or wilfully fails to furnish any reports, statements,
accounts or other information called for under this Act,
shall be punishable with fine which may extend to one
thousand rupees or in default with imprisonment for a term
which may extend to one month.
34.    Any person who,—
(a) having in possession, custody or control of any property,
document or books of accounts belonging to the Shrine,
the management and control of which has been regulated
under the provisions of this Act or the rules framed
thereunder, wrongfully withholds such property or
documents or books of accounts from the Board or any
other person duly authorised by the Government or the
Board to inspect or call for the same;
(b) wrongfully obtains possession of, or retains any property,
documents or books of accounts of the Board or willfully
withholds or fails to furnish or deliver to the Board or any
other person authorised by it in this behalf; or
(c) wrongfully removes, destroys or mutilates property,
documents or books of accounts of the Shrine, shall be
punishable with imprisonment for a term which may extend
to one year, or with fine, or with both.
35. (1) No officer or servant of the Government shall be liable in
any civil or criminal proceedings in respect of any act done or purporting
to be done under this Act or under the rules made thereunder, if the act
has been done in good faith and in the course of execution of the duties
imposed or in discharge of the functions assigned by or under this Act or
the rules framed thereunder.
Penalty for
refusal to
comply.
Penalty for
wrongful
withholding of
property.
Protection of
action taken
under this Act.
/g62/g21/g19/g20/g19/g3 /g29/g3 /g43/g85/g17/g3/g36/g70/g87/g3 /g20/g21SHRI KAPAL MOCHAN, SHRI BADRI NARAIN,
SHRI MANTRA DEVI AND SHRI KEDAR NATH SHRINE
/g22/g28/g22
(2) No suit or other legal proceedings shall lie against the
Government for any damage caused or likely to be caused or any injury
suffered or likely to be suffered by virtue of any provisions of this Act or
by anything done in good faith or intended to be done in pursuance of the
provisions of this Act or the rules made thereunder.
36. The Government may, from time to time, give such general or
specific directions, in writing, to the Board for the effective implementation
of the provisions of this Act and while so doing may rescind, alter or
modify any order made by the Board and the Board shall follow them in
the discharge of its duties.
37. The Government may, suo motu  or on an application moved
by any person considering himself aggrieved from any order or decision
of the Board made under this Act, review such order or decision and
make such order thereon as it thinks fit:
Provided that before any order is made under this section, the
Government shall afford to any person, likely to be affected adversely by
such order, an opportunity of being heard.
38. If any difficulty arises in giving effect to the provisions of this
Act, the Government may, by an order published in the Official Gazette,
make such provisions not inconsistent with the provisions of this Act, as
appear to it necessary or expedient for removing the difficulty.
39. Save as expressly provided in this Act, no civil court shall have
jurisdiction to entertain or adjudicate upon any dispute or matter which is
to be decided by any officer or authority under this Act, and in respect of
which the decision or order of such officer or authority has been made
final and conclusive.
40. (1) The Government may, subject to the condition of previous
publication, make rules for the purpose of carrying into effect the
provisions of this Act.
(2) Without prejudice to the generality of the foregoing
powers, such rules may provide for—
(a) conditions of service of the employees of the Shrine
under sections 13 and 19;
(b) constitution of Tribunal under section 19;
(c) the form and manner in which the registers are to be
maintained under section 20;
(d) the scrutiny of the entries in the register under
section 21;
Power to
review.
Power to give
directions.
Power to
remove
difficulties
.
Bar of
Jurisdiction.
Power to make
rules.
/g21/g19/g20/g19/g3 /g29/g3 /g43/g85 /g17/g3/g36/g70/g87/g3 /g20/g21/g64SHRI KAPAL MOCHAN, SHRI BADRI NARAIN,
SHRI MANTRA DEVI AND SHRI KEDAR NATH SHRINE
/g22/g28/g23
(e) the manner in which enquiry is to be conducted under
section 24;
(f) the authority to which and the manner in which appeal
is to be preferred under section 28;
(g) the form and manner in which the budget is to be
prepared under section 31;
(h) the form of statements, returns and other forms
required to be maintained by or under this Act and
the manner in which these are to be maintained;
(i) the returns, accounts or other information to be
submitted by the officer authorised by the Board;
(j) the preservation, maintenance, management and
improvements of the properties and buildings of the
Shrine;
(k) the preservation of idol and images in temples; and
(l) any other matter which is to be or may be prescribed
under this Act.
(3) Every rule made under this Act shall be laid, as soon as
may be, after it is made, before the House of the State Legislature, while it
is in session.
41. From the date of commencement of this Act, the provisions of
any other laws which might be applicable to the Shrine, shall cease to
apply thereto:
Provided that such cessation shall not in any way affect—
(a) any right, title, interest, obligation or liability already
acquired, accrued or incurred;
(b) any legal proceedings for any remedy in respect of such
right, title, interest, obligation or liability, instituted; or
(c) anything duly done or suffered.
——————
Certain
enactments to
cease to apply
to Shrine.
/g62/g21/g19/g20/g19/g3 /g29/g3 /g43/g85/g17/g3/g36/g70/g87/g3 /g20/g21SHRI KAPAL MOCHAN, SHRI BADRI NARAIN,
SHRI MANTRA DEVI AND SHRI KEDAR NATH SHRINE

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