The Haryana Shri Mata Sheetla Devi Shrine Act, 1991 (10 of 1992)

171
THE  HARYANA  SHRI  MATA  SHEETLA  DEVI  SHRINE  ACT,  1991.
(HARYANA  ACT  NO. 10 OF 1992)
Table of contents
Sections:
1. Short title and commencement.
2. Definitions.
3. Vesting of Shrine Fund.
4. Constitution of Board.
5. Defraying of Shrine Fund.
6. Incorporation of Board.
7. Terms of office of member.
8. Disqualification of Membership of Board.
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. Members, Officers and servants of the Board to be public servants.
15. Liability of members.
16. Alienation of movable and immovable property.
17. Limitation of borrowing power and lending.
18. Duties of Board.
19. Rights of pujaris and other persons.
20. Preparation and maintenance of registers.
21. Annual verification of the register.
22. Inspection of property and documents.
23. Restriction on registration of documents.
24. Recovery of immovable property unlawfully alienated.
25. Removal of encroachment of land and premises belonging to Shrine.
26. Power to act for protection of Shrine.
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27. Appointment and tenure of Pujari.
28. Power to suspend, remove or dismiss.
29. Disqualifications of Pujaris.
30. Filing of vacancy in the office of Pujari.
31. Budget of Shrine.
32. Accounts.
33. Penalty for refusal by pujaries etc. to comply with the provisions of this
Act.
34. Penalty for wrongful withholding of property belonging to Shrine.
35. Protection of action taken under this Act.
36. Power to giver directions.
37. Power to Government to review.
38.  Power to remove difficulties.
39. Bar of jurisdiction.
40. Power to make rules.
41. Certain enactments to cease to apply to the Shrine.
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1THE  HARYANA  SHRI  MATA  SHEETLA  DEVI  SHRINE  ACT,  1991
(HARYANA ACT NO. 10 OF 1992)
       (Received the assent of the President of India on the 10th February, 1992 and
was first published in the Haryana Government Gazette (Extraordinary), Legislative
Supplement Part 1 of the 29th February, 1992.)
12 3 4
Year No. Short title Whether repealed or otherwise
affected by Legislation
1992 10 The Haryana Shri Mata Amended by Haryana Act 21 of
Sheetla Devi Shrine 1996 2
Act, 1991
AN
ACT
to provide for the better management, administration and governance of
Shri Mata Sheetla Devi Shrine, Gurgaon 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 Forty-
Second Year of the Republic of India as follows:-
  1. (1) This Act may be called the Haryana Shri Mata Sheetla Devi
Shrine Act, 1991.
(2) It shall come into force at once.
2. In this Act, unless the context otherwise requires,—
(a) “Board” means Shri Mata Sheetla Devi Shrine Board constituted
under section 4 of this Act;
(b) “endowment” means all property, movable or immovable,
belonging to, or given for endowed or the maintenance,
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 lands and buildings attached, or appurtenant
thereto;
 SHRI MA TA SHEETLA DEVI SHRINE[1992 : Hr. Act 10
Short title and
Commencement.
Definitions.
1 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary)
dated the 17th December, 1991, Page 2217.
2 For Statement of Objects and Reasons, see Haryana Govt. Gazette (Extraordinary)
dated the 15th November, 1996, Page 2370.
174
(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 1[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 pujaris and includes pandits and purohits or such
other person who perform or conducts puja or other rituals;
(h) “Shrine” means the Shrine of Shri Mata Sheetla Devi Gurgaon, all
temples, math and idols within the premises of Shri Mata Sheetla
Devi Shrine 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, addition to, or temple, for the performance of any service
or charity connected therewith; and
(ii) the idols installed in the temple, 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 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; and
(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 purpose of this Act.
Vesting of Shrine
fund.
1. Substituted by Haryana Act 21 of 1996.
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4. The administration, management and governance of the Shrine shall
vest in a Board consisting of a  1[Chairman, Vice-Chairman] and not more than
eleven members.
(a) Chief Minister, Haryana, shall be the Chairman;
1[(aa) Minister-in-charge, Local Government, Haryana, shall be the
Vice-Chairman;]
2[(b) Secretary to Government, Haryana, Local Government
Department whether designated as Financial Commissioner,
Local Government or Commissioner, Local Government, as the
case may be, shall be the ex-officio member;]
(c) Deputy Commissioner, Gurgaon, shall be the ex-officio Member
Secretary;
(d) 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;
(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) there persons, out of persons who have distinguished
themselves in administration, legal affairs or financial
matters;
(iv) two eminent Hindus of the State of Haryana.
5. The Shrine funds would be applied,—
(a) for defraying expenses for the proper maintenance of the temple,
performance of puja and other rituals;
(b) for providing amenities, facilities to the visiting devotees;
(c) for training of vidyarthies;
(d) for establishment and maintenance of the educational
institutions; and
(e) for 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.
Constitution of
Board.
Defraying of
Shrine fund.
Incorporation of
Board.
1 Inserted by Haryana Act 21 of 1996.
2 Substituted by Haryana Act 21 of 1996.
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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—
(a) if such person is not a Hindu;
(b) if he is of unsound mind and stands so declared by a competent
court or if he is a deaf, mute, or is suffering from contagious
leprosy or any virulent contagious disease;
(c) if he is an undercharged  insolvent;
(d) if he is appearing as a legal practitioner against the Board;
(e) if he is sentenced by criminal court for an offence involving moral
turpitude, such sentence not having been reversed;
(f) if in the opinion of the Government he has acted against the
interest of the Shrine;
(g) if he is an office holder or servant attached to the Board;
(h) if he has been guilty of corruption or misconduct in the
administration of the Shrine; and
(i) if he is addicted to intoxicating liquors or drugs.
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.
Terms of office
of member.
Disqualification
of Membership
of Board.
Dissolution and
supersession of
Board.
Filling up of
vacancies.
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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,
1[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.
13. (1) For the efficient discharge of the duties assigned to it under this
Act, the Board 
1[may appoint 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 powers 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 there
under, be deemed to be public servants within the meaning of section 21 of the
Indian Penal Code.
15. Every member of the Board shall be liable for the loss, waste or
misapplication of the Shrine fund if such loss, waste or misapplication 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 recommendation 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.
Resignation.
Office and
meetings of
Board.
Appointment of
officers and
servants of Board.
Members,
Officers and
Servants of the
Board to be public
servants.
Liability of
members.
Alienation of
movable and
immovable
property.
1 Substituted by Haryana Act 21 of 1996.
Limitation of
borrowing power
and lending.
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18. Subject to the provisions of this Act and the rules made thereunder,
 it shall be the duty of the Board,—
(1) to arrange for the proper performance of worship at the Shrine;
(2) to provide facilities for the proper performance of worship by the
pilgrims;
(3) to make arrangements for the safe custody and preservation of
the Shrine funds, valuable security and jewellery;
(4) to undertake for the benefit of worshippers and pilgrims—
(a) the construction of buildings for their accommodation;
(b) the construction of sanitary works; and
(c) the improvement of means of communication;
(5) to undertake the developmental activities concerning the area
of the Shrine and its surroundings;
(6) to make suitable arrangements for the imparting of religious
instructions and general education;
(7) to make provisions of medical relief for worshippers and pilgrims;
(8) to make provisions for the payment of suitable emoluments to the
salaried staff; and
(9) 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 pujaris or any other persons shall stand extinguished
from the date of commencement of this Act:
Provided that the Government may appoint a Tribunal who, after giving
personal hearing to the pujaris or any other person and the representatives of the
Board, shall recommend compensation to be paid by the Board, in lieu of extinction
of their rights. While making its recommendations to the Board, the Tribunal
shall have due regard to the income which the pujaris or any other person had
been deriving:
Provided further that where a pujari or any other person 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 or any other person giving an undertaking to
abide by the administrative disciplinary control of the Board in accordance with
the rules made under this Act.
Duties of Board.
Rights of pujaris
and other
persons.
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(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 will, as far as practicable not be inferior than 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 of
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 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 authorised by the Board within three months from
the date of the 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 authorised 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 authorised 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 authorised 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 inspections 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 authorise 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,
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 alongwith 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 Act,
it shall refer the matter to the Government.
(2) Upon receipt of a reference made under sub-section (1), the
Government shall hold a summary enquiry in the prescribed manner and on being
satisfied that any such property has been so alienated, shall deliver possession of
the same to the Board.
Annual
verification of
the register.
Inspection of
property and
documents.
Restriction on
registration of
documents.
Recovery of
immovable
property
unlawfully
alienated.
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25. (1) The provisions contained in the Haryana Public Premises and
Land (Eviction and Rent Recovery) Act, 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 of the Board 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 of the Board
may apply to the Government, who may, after hearing the Member Secretary of
the Board and the party affected, order the property of the person, guilty of such
disobedience or breach, to be attached, and may also order the 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
think 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 ninety days from the date of
communication of such order, appeal to the Government against such order.
Removal of
encroachment of
land and premises
belonging to
Shrine.
Power to act for
protection of
Shrine.
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182
27. (1) The Board or the officer authorised 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 authorised 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 authorised by it may suspend, remove or
dismiss the pujari of the Shrine—
(a) for wilful disobedience of any order issued under the
provisions of this Act by the Board or the Government;
(b) for any malfeasance, misfeasance, breach of trust or neglect
of duty in respect of the Shrine or alienation of any property,
in contravention of this Act;
(c) for any misappropriation of, or improper dealing with, the
properties of the Shrine of which he is a pujari;
(d) for having been found under the influence of intoxicating
liquor or drugs in the Shrine; and
(e) for unsoundness of mind or other mental or physical defect
or infirmity which renders him unfit for discharging the
functions of a pujari:
Provided that no pujari shall be removed or dismissed by the Board or
the officer authorised by it under this section unless he has been given a reasonable
opportunity of being heard.
(2) A pujari, who is suspended, removed of 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 the 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,—
(a) if he is an undischarged insolvent;
(b) if he is of unsound mind and stands so declared by a competent
court;
Appointment and
tenure of Pujari.
Power to suspend,
remove or
dismiss.
Disqualifications
of Pujaris.
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183
(c) if he is interested either dir ectly 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) if he is appearing as a legal practitioner on behalf of or against
the Shrine;
(e) if he has been sentenced by a criminal court for an offence
involving moral turpitude, and such sentence has not been
reversed;
(f) if he has acted adversely to the interest of the Shrine;
(g) if he is an addict to intoxicating liquors or drugs;
(h) if he has not completed twenty-one years of age; and
(i) if he ceases to profess Hindu religion or persuasion 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 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 instructions
according to the tenets of the Shrine; and
(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.
Filling of vacancy
in the office of
Pujari.
Budget of Shrine.
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(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, or by such other person as may be authorised in this behalf by the
Government.
(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;
he 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
with holds 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 wilfully withholds
or fails to furnish or deliver to the Board or any other person
authorised by it in this behalf; or
Accounts.
Penalty for
refusal by pujaris
etc. to comply
with the
provisions of this
Act.
Penalty for
wrongful with-
holding of
property
belonging to
Shrine.
 SHRI MA TA SHEETLA DEVI SHRINE 1992 : Hr. Act 10]
185
(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.
(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 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 effected 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 purposes 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
section 19;
Protection of
action taken
under this Act.
Power to give
directions.
Power of
Government to
review.
Powers to remove
difficulties.
Bar of
Jurisdiction.
Power to make
rules.
 SHRI MA TA SHEETLA DEVI SHRINE[1992 : Hr. Act 10
186
(b) the form and manner in which the registers are to be
maintained under section 20;
(c) the scrutiny of the entries in the registers under section 21;
(d) the manner in which enquiry is to be conducted under
section 24;
(e) the authority to which and the manner in which appeal is to
be preferred under section 28;
(f) the form and manner in which the budget is to be prepared
under section 31;
(g) 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;
(h) the returns, accounts or other information to be submitted
by the officer authorised by the Board;
( i ) the preservation, maintenance, management and
improvements of the properties and buildings of the Shrine;
(j) the preservation of idol and images in temples; and
(k) 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 Legislative Assembly while it is in session for a total
period of fourteen days which may be comprised in one session or in two successive
sessions and if before the expiry of the session in which it is so laid or the session
immediately following, the Legislative Assembly agrees that the rules should be
either modified or annulled, the rule shall thereafter have effect only in such modified
form or be of no effect, as the case may be, so however, that any such modification
or annulment shall be without prejudice to the validity of anything previously
done under that rule.
41. On and from the date on which the provisions of this Act are made
applicable to the Shrine, 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 done or suffered.
Certain
enactments to
cease to apply to
the Shrine.
 SHRI MA TA SHEETLA DEVI SHRINE 1992 : Hr. Act 10]

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