The JAMMU AND KASHMIR SHRI AMARNATH JI SHRINE ACT, 2000

SHRI AMARNATH JI SHRINE
ACT, 2000
(Act No. XVIII of 2000)

THE JAMMU AND KASHMIR SHRI AMARNATH JI SHRINE
ACT, 2000
(Act No. XVIII of 2000)
CONTENTS
SECTION.
1. Short title and commencement.
2. Act to over-ride other laws.
3. Definitions.
4. The Board.
5. Incorporation.
6. Term of office of the Members.
7. Disqualifications for mem-bership of Board.
8. Dissolution and suppersession of the Board.
9. Filling of vacancies.
10. Resignation.
11. Removal of a Member.
12. Office and meetings of the Board.
13. Appointment of officers and servants of the Board.
14. Liability of Members.
15. Alienation of moveable property.
16. Duties of the Board.
17. Bar to suits or proceedings.
18. Board Funds.
19. Rights  of Purohits and other persons.
SHRI AMARNATH JI SHRINE  ACT, 2000 69
SECTION.
20. Audit and Annual Report.
21. Power to make bye-laws.
–––––––
THE JAMMU AND KASHMIR SHRI AMARNATH JI SHRINE
ACT, 2000
(Act No. XVIII of 2000)
[Received the assent of the Governor on 14th November , 2000 and published
in the Government Gazette dated 15thNovember , 2000].
An Act to provide for the constitution of a Board for the better
management of the Shri Amarnath Ji Yatra, upgradation of facilities for holy
pilgrims and matters connected therewith or incidental thereto.
Be it enacted by the Jammu and Kashmir State Legislature in the Fifty-first
Year of the Republic of India as follows :––
1. Short title and commencement. ––(1) This Act may be called the Jammu
and Kashmir Shri Amarnath Ji Shrine Act, 2000.
1[(2) It shall come into force on such date as the Government may, by
notification in the *[Government Gazette], appoint.
2. Act to over-ride other laws.–– This Act shall have effect, notwithstanding
anything to the contrary contained in any law or in any scheme of management,
decree, custom, usage or instrument.
3. Definitions.–– In this Act, unless the context otherwise requires, ––
(a) “Board” means the Shri Amarnath Ji Shrine Board constituted under
this Act ;
(b) “Board  Fund” means such  grant-in-aid as may  be received from the
2[Government of the Union territory of Jammu and Kashmir],
Government of India, contributions from philanthropic organisations/
persons, non-governmental organisations, any registration fee that might
be  required to  be  paid  under rules by  pilgrims or others who initiate
economic activity en route, and   the  Chadawa ;
(c) “Chadawa” means offerings made by pilgrims ;
(d) “prescribed” means prescribed by the bye-laws made under this Act ;
1. Enforced by SRO-54 dated 12-2-2001 w.e.f. 21-2-2001.
* Now Official Gazette.
2. Substituted for “State Government” by S.O. 1229(E) dated 31.03.2020.
SHRI AMARNATH JI SHRINE  ACT, 2000 71
72 SHRI AMARNATH JI SHRINE  ACT, 2000
(e) “the Shrine” means the  Shri Amarnath Ji Shrine.
4. The Board. ––(1) The administration, management and governance of the
Shri Amarnath Ji Shrine and the Board Fund shall vest  in a Board comprising a
Chairman, and not more than ten Members. The composition of the Board shall be
as follows :––
(a) The 1[Lieutenant Governor of the Union territory of Jammu and
Kashmir], if he be a Hindu, shall  be the ex-officio Chairman of  Board,
and if the 2[Lieutenant Governor] be not  a Hindu, then he  may  nominate
any eminent person of the 3[Union territory of Jammu and Kashmir],
professing the Hindu religion, and otherwise qualified to be a Member
to function as the  Chairman of the  Board.
(b) Nine persons to be nominated by the 4[Lieutenant Governor of Jammu
and Kashmir] in the following manner :––
(i) Two persons who, in the opinion of the 2[Lieutenant Governor],
have distinguished themselves in the service of Hindu religion
or culture ;
(ii) Two women, who in the opinion of the 2[Lieutenant Governor],
have distinguished themselves in the service of Hindu religion,
or culture or social work especially in regard to advancement of
women ;
(iii) Three persons, out of persons who have distinguished themselves
in administration, legal affairs or financial matters ;
(iv) Two eminent Hindus of the 5[Union territory of Jammu and
Kashmir] :
Provided that during the period not exceeding three months from the
commencement of this Act, the 2[Lieutenant Governor] shall act as and exercise all
the powers of the Board under this Act.
(2) A person shall not be eligible for being nominated as a Member, or for
being a Member of the Board, if he suffers or incurs any of the disqualifications
specified in section 7.
1. Substituted for “Governor of the State of Jammu and Kashmir” by S.O. 1229(E) dated
31.03.2020.
2. Substituted ibid for “Governor”.
3. Construed for “State” by S.O. 3912(E) dated 30.10.2019.
4. Substituted by S.O. 1229(E) dated 31.03.2020 for “Governor of Jammu and Kashmir”.
5. Construed for “State of Jammu and Kashmir’ by S.O. 3912(E) dated 30.10.2019.
SHRI AMARNATH JI SHRINE  ACT, 2000 73
5. Incorporation.–– 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.
6. Term of office of the Members.–– The nominated Members of the Board,
other, than the Chairman shall, subject to the provisions of sections 7 and  8, hold
office for a term of three years from the date of their nomination under section 4.
7. Disqualifications for membership of Board.–– A person shall be disqualified
from being nominated as a Member of the Board: ––
(a) 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 ;
(b) if he is an undischarged insolvent ;
(c) if he is appearing as a legal  practitioner against the  Board ;
(d) if he is or has been sentenced by a criminal court for an offence involving
moral turpitude, such sentence not having been reversed ;
(e) if in the opinion of the *[Governor] he has acted against the  interests
of the  Holy Shrine ;
(f) if he is or he has been guilty of corruption or misconduct in the
administration of the Holy Shrine.
8. Dissolution and supersession of the Board. ––(1) If in the opinion of the
1[Lieutenant Governor of the Union territory of Jammu and Kashmir], 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 1[Lieutenant
Governor of the Union territory of Jammu and Kashmir] may after due enquiry and
after giving the Board reasonable opportunity of being heard, by order dissolve or
supersede the Board and re-constitute another Board in accordance with this Act.
(2) Where a Board is dissolved or superseded under this section, the
1[Lieutenant Governor of the Union territory of Jammu and Kashmir] 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.
* Now Lieutenant Governor of the Union territory of Jammu and Kashmir.
1. Substituted for “Governor” by S.O. 1229(E) dated 31.03.2020.
74 SHRI AMARNATH JI SHRINE  ACT, 2000
9. Filling of vacancies. ––(1) Casual vacancies in the office of Board shall be
filled in the same way 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 appointment has
been made would have expired.
(3) Nothing done by the Board shall be invalid by reason only of there being
a casual vacancy.
10. Resignation.–– Any Member may  resign his office as a Member by giving
notice in writing to the Chief  Executive Officer and his office shall become vacant
from the date of acceptance of the same by the *Governor.
11. Removal of a Member.–– The *Governor may for good and sufficient
reasons, remove any Member after giving him an opportunity of showing cause
against such removal and after considering the explanation offered therefor.
12. Office and meetings of the Board. ––(1) The Board shall maintain its
office at such place as the Board may decide.
(2) At meetings of the Board, the Chairman or in his absence one of the
Members to be elected for the purpose at the meeting, shall preside.
(3) No businesses 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 passed by a majority of votes, and in case of equality of votes, the person
presiding shall have a second or casting vote.
13. Appointment of officers and servants of the Board. ––(1) For the efficient
discharge of the functions assigned to it under this Act, the Board may appoint a
Chief Executive Officer and such other officers and servants as it considers necessary
with such designations, pay, allowances and other remuneration and pre-requisites
as the Board may determine from time to time :
Provided that the Chief Executive Officer of the Board will not be less in
rank than that of a District Magistrate of a District and the Chief Accounts Officer
not less in rank than a Deputy Director of Accounts.
* Now Lieutenant Governor.
SHRI AMARNATH JI SHRINE  ACT, 2000 75
(2) The Chairman of the Board, subject to any bye-laws 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, for 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. Liability of Members.–– Every Member of the Board shall be liable for
the loss, waste or misapplication of the Board Fund, if such loss, waste or
misapplication is a direct consequence of his wilful act or omission while as member
and a suit for compensation may be instituted against him by the Board.
15. Alienation of moveable property.–– The jewellery and other moveable
property received as Chadawa shall form part of the Board Fund and shall be
disposed of by the Board in a manner as it may deem fit. No land or other immovable
property connected with the Shrine shall be alienated except by a resolution of the
Board.
16. Duties of the Board.–– Subject to the provisions of this Act and of any
bye-laws made thereunder, it shall be the duty of the Board :––
(a) to arrange for the proper performance of worship at the Holy Shrine ;
(b) to provide facilities for the  proper performance of worship by the
pilgrims ;
(c) to make arrangements for the  safe  custody of the funds, valuables and
jewellery and for the  preservation of the Board Fund ;
(d) to undertake developmental activities concern the  area of the Shrine
and  its surroundings ;
(e) to make provision for the  payment of suitable emoluments to the salaried
staff ;
(f) to make suitable arrangements for the imparting  of religious instructions
and general education to the pilgrims ;
(g) to undertake for the  benefit of worshippers and  pilgrims,––
(i) the construction of buildings for their accommodation ;
76 SHRI AMARNATH JI SHRINE  ACT, 2000
(ii) the construction of sanitary work ;  and
(iii) the improvement of means of communication ;
(h) to make provision of medical relief for worshippers and  pilgrims ;
(i) to do all such things as may be incidental and conducive to the efficient
management, maintenance and administration of the Holy Shrine and
the Board Funds and for the convenience of the  pilgrims.
17. Bar to suits or proceedings.–– No suit or other proceedings shall lie in
any Court against the Board or its officers for anything done or purported to be
done in good faith by it under this Act.
18. Board Funds.–– The funds shall consist of the Chadawa, received at the
Shrine in cash and/or in kind including also any grant-in-aid received from
Government Organisations/persons/non-Governmental organisations and
registration fee (if any) collected.
19. Rights of Purohits and other persons.–– All rights of the Purohits and
other rights holders of the Chadawa shall stand extinguished from the date of
commencement of this Act :
Provided that the 1[Lieutenant Governor of the Union territory of Jammu and
Kashmir] (Chairman of the Board) may appoint a Tribunal, which  after giving
personal hearing to the Purohits and other rights holders of Chadawa and the
representatives of the Board, shall recommend compensation to be paid by the
Board in lieu of the  extinction of their rights. While making its recommendations
to the Board, the Tribunal shall have due regard to the income, which the rights
holders had been deriving before the date of commencement of this Act. The Board
shall examine the recommendations forwarded to it by the Tribunal and take such
decision, as it may deem appropriate. The decision of the Board shall be final :
Provided further that where a rights holder surrenders his right to compensation
and offers himself for employment to the  Board, the Board shall because 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 rights holder giving an undertaking to abide by the administrative
and disciplinary control of the Board in accordance with the bye-laws framed by
the  Board.
1. Substituted for “Governor” by S.O. 1229(E) dated 31.03.2020.
SHRI AMARNATH JI SHRINE  ACT, 2000 77
20. Audit and Annual Report. ––(l) The accounts of the Board for every
financial year shall be audited annually by a Chartered Accountant to be nominated
by the Board.
(2) The Board shall annually prepare a report on the administration of affairs
of the Holy Shrine and publish it for the information of the public.
21. Power to make bye-laws.–– The Board may make bye-laws not
inconsistent with this Act for,––
(a) the entrustment of duties and functions to the Chief Executive Officer
of the  Board ;
(b) the manner in which  decisions of the  Board may be taken otherwise
than at the  meetings ;
(c) the procedure and conduct of business at meetings of the Board ;
(d) the delegation of powers of the Board to individual members or to
committees ;
(e) the books and  accounts to be kept at the office of the Board ;
(f) the custody and  investment of the  Board Fund ;
(g) the details to be included in the budget of the Board ;
(h) the time and  place  of the  meetings ;
(i) the manner in which  notice of its  meetings shall be given ;
(j) the preservation of order and the conduct of proceedings at meetings
and the powers which the Chairman may exercise for the purpose of
enforcing its decision ;
(k) the manner in  which   proceedings of the  Board shall be recorded and
published ;
(l) the maintenance of order inside the Holy Shrine and regulating the
entry of persons therein ;
(m) all other matters expressly, required or which may be required for
carrying out the purposes of this Act.
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