The JAMMU AND KASHMIR SHRI MATA SUKHRALA DEVI JI SHRINE AND SHRI MATA BALA SUNDARI SHRINE ACT, 2013

SHRI MATA SUKHRALA DEVI JI
SHRINE AND SHRI MATA BALA
SUNDARI SHRINE ACT, 2013
(Act No. III of 2013)
THE JAMMU AND KASHMIR SHRI MATA SUKHRALA
DEVI JI SHRINE AND SHRI MATA BALA SUNDARI
SHRINE ACT, 2013
(Act No. III of 2013)
CONTENTS
SECTION.
1. Short title and commencement.
2. Act to override other laws.
3. Definitions.
4. Vesting of Shrine Fund.
5. The Board.
6. Incorporation.
7. Term of office of the members.
8. Disqualification for membership of the Board.
9. Dissolution and supersession of the Board.
10. Filling of vacancies.
11. Resignation.
12. Removal of a member.
13. Office and meetings of the Board.
14. Duties of the Board.
15. Alienation of movable and immovable property.
16. Grant to religious institutions.
17. Liability of members.
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SECTION.
18. Appointment of officers and employees of the Board.
19. Members, Officers and Employees of the Board to be public servants.
20. Bar to suits or proceedings.
21. Rights of Purohits and other persons.
22. Audit and Annual Report.
23. Powers to make bye-laws.
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BALA SUNDARI SHRINE ACT, 2013
THE JAMMU AND KASHMIR SHRI MATA SUKHRALA
DEVI JI SHRINE AND SHRI MATA BALA SUNDARI
SHRINE ACT, 2013
(Act No. III of 2013)
[Received the assent of the Governor on 24th April, 2013 and published
in Government Gazette dated 25th April, 2013.]
An Act to provide for the better management, administration and
governance of Shri Mata Sukhrala Devi Ji Shrine and Shri Mata Bala Sundari
Shrine and its endowments including the lands and buildings attached, or
appurtenant, to the shrines and for matters connected therewith or incidental
thereto.
Be it enacted by the Jammu and Kashmir State Legislature in the Sixty-
fourth Year of the Republic of India as follows :—
1. Short title and commencement. —(1) This Act may be called the Jammu
and Kashmir Shri Mata Sukhrala Devi Ji and Shri Mata Bala Sundari Shrine Act,
2013.
1[(2) It shall come into force on such date as the Government may, by
notification in the *[Government Gazette], appoint.]
2. Act to override other laws.— This Act shall have effect, notwithstanding
anything to the contrary contained in any law for the time being in force or in
any scheme of management, order, decree, custom, usage or instrument.
3. Definitions.— In this Act, unless the context otherwise requires,—
(a) “Act” means the Jammu and Kashmir Shri Mata Sukhrala Devi Ji
and Shri Mata Bala Sundari Shrine Act, 2013 ;
(b) “Board” means the Shri Mata Sukharala Devi Ji Shrine and
Shri Mata Bala Sundari Shrine Board constituted under the Act ;
(c) “Chairperson” means the Chairperson of Board ;
(d) “Endowment” means all properties, movable or immovable belonging
to, or given or endowed for the maintenance, improvement, addition
to, or worship in the Shrines or for the performance of any service
or charity connected therewith and includes idols installed therein,
1. Enforced vide SRO-438 dated 8-10-2013 with effect from 8th October, 2013.
* Now Official Gazette.
84 SHRI MATA SUKHRALA DEVI JI SHRINE AND SHRI MATA
BALA SUNDARI SHRINE ACT, 2013
the premises of the Shrines and gifts of properties made by anyone
within the precincts of the Shrines and lands and building attached
or appurtenant thereto ;
1[(e) “Government” means the Government of the Union territory of
Jammu and Kashmir ;]
(f) “Member” means member of the Board and includes the
Chairperson ;
(g) “Prescribed” means prescribed by the Bye-Laws made under the
Act ;
(h) “Shrine Fund” means the endowment and includes all sums received
by or on behalf of, or for the time being held for the benefit of the
Shrines, and also includes all the endowments which have been, or
may hereafter be, made for the benefit of the Shrines 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 offerings made
to any of the deities comprised the Shrines ; and
(i) “Vice-Chairperson” means the Vice-Chairperson of the Board.
4. Vesting of Shrine Fund.— The ownership of the Shrine Fund shall from
the commencement of the Act, vest in the Board and the Board shall be entitled
to its possession and use for purposes of the Act.
5. The Board. —(1) The administration, management and governance of
Shri Mata Sukhrala Devi Ji Shrine and Shri Mata Bala Sundari Shrine and the
Shrine Fund shall vest in the Board.
(2) The composition of the Board shall be as follows :—
(a) Divisional Commissioner, Jammu if he be a
Hindu and in case he is not a Hindu, the
Deputy Commissioner, Kathua if he is a Hindu.
In case both of them do not profess Hindu
faith, an eminent person professing Hindu faith
to be nominated by the Government ;
(b) Deputy  Commissioner, Kathua and in case he
is the Chairman or is not a Hindu, the
Additional Deputy Commissioner, Kathua/
Additional District Development Commissioner,
Kathua ;
Chairperson
Vice-Chairperson
1. Clause (e) substituted by S.O. 1229(E) dated 31.03.2020.
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1[x x x x]
6. Incorporation.— The Board shall be a body corporate and shall have
a perpetual succession and common seal and may by the said name sue and
be sued.
7. Term of office of the members.— The members of the Board other than
the official members, shall, subject to the provisions of section 9 and section
10, hold office for a term of five years from the date of their nomination.
(c) Addl. Chief Executive Officer, Mata
Vaishno Devi Shrine Board or his
nominee ;
(d) Director, Tourism, Jammu and in case he
is not a Hindu an Officer of the
department to be nominated by the
Tourism Department not below the rank
of Additional Secretary to Government ;
(e) Sub-Divisional Magistrate Billawar ;
(f) Two persons, who in the opinion of the
Government have distinguished
themselves in the service of Hindu
religion or culture ;
(g) One woman, who  in the opinion,  of the
Government has distinguished herself in-
service of Hindu religion or culture or
social work, especially in regard to
advancement of women ;
(h) Two  persons, who have distinguished
themselves in administration, legal affairs,
financial matters, journalism, press etc. to
be nominated by the Government ; and
(i) Executive Officer of Shri Mata Sukhrala
Devi Ji Shrine and Shri Mata Bala Sundari
Shrine.
Member
Member
Member
Member-Secretary
Member
Member
Member
1. Explanation omitted by S.O. 1229(E) dated 31.03.2020.
86 SHRI MATA SUKHRALA DEVI JI SHRINE AND SHRI MATA
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8. Disqualification for membership of the Board.— A person shall be
disqualified from being appointed or nominated as a member of the Board,—
(a) if he/she is not a Hindu except in the case of SDM, Billawar ;
(b) if he/she is of unsound mind and stands so declared by a Competent
Court or if he/she is a deaf-mute or is suffering from contagious
leprosy or any virulent contagious disease ;
(c) if he/she is an undercharged insolvent ;
(d) if he/she is appearing as a legal practitioner against the Board ;
(e) if he/she is or has been sentenced by a Criminal Court for an
offence involving moral turpitude, such sentence not having been
reversed ;
(f) if in the opinion of the Government, he/she has acted against the
interests of the Shrine ;
(g) if he/she is, or has been found guilty of corruption or misconduct
in the administration of the Shrine ; and
(h) if he/she is addicted to intoxicating liquors or drugs.
9. Dissolution and supersession of the Board. —(1) If in the opinion of
the Government, the Board is not competent to perform, or persistently makes
defaults in performing the duties imposed on it under the Act or exceeds or
abuses its powers, it may, after due enquiry and after giving the Board
reasonable opportunity of being heard by order dissolve or supersede the Board
and reconstitute another Board in accordance with the Act.
(2) Where a Board is dissolved or superseded under sub-section (1), the
Government shall assume all the powers and perform all the functions and
exercise all the powers of the Board through a nominated Administrator, not
below the rank of a Special Secretary to Government, for a period not exceeding
three months or until the constitution of another Board, whichever is earlier.
10. Filling of vacancies. —(1) Casual vacancies in the Board shall be filled
in the same manner as provided under section 5.
(2) The term of a member nominated to fill a causal vacancy in the Board
shall expire on the day on which the term of the member in whose vacancy
the appointment has been made would have expired.
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(3) Nothing done by the Board shall be invalid by reason only of there
being a casual vacancy.
11. Resignation.— Any member, other than an ex-officio member, may
resign his office as a member by giving notice in writing to the Executive Officer
and his office shall become vacant from the date of acceptance of the same
by the Board.
12. Removal of a member.— The Chairperson may, with the previous
approval of the Government, 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.
13. Office and meetings of the Board. —(1) The Board shall maintain its
office at such place in the District as it may decide.
(2) At the meeting of the Board, the Chairperson or in his absence the
Vice-Chairperson shall preside.
(3) No business shall be transacted at any meeting unless at least seven
members are present.
(4) Every decision of the Board shall, except as expressly provided by
the 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.
14. Duties of the Board.— Subject to the provisions of the 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 theShrine ;
(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,
properties and jewelleries and for the preservation of the Shrine
Fund ;
(d) to undertake for the benefit of worshippers and pilgrims—
(i) the construction of buildings for their accommodation ;
(ii) the construction of sanitary work ; and
88 SHRI MATA SUKHRALA DEVI JI SHRINE AND SHRI MATA
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(iii) the improvement of communication ;
(e) to undertake the developmental activities concerning the area for
the Shrine and its surroundings ;
(f) to make suitable arrangements for imparting of religious instructions
and general education ;
(g) to make provision of medical relief for worshippers and pilgrims ;
(h) to set apart a sum not exceeding rupees twenty thousand per month
for the maintenance of the Sadhus who visit the Shrine ;
(i) to make provision for the payment of suitable emoluments to the
salaried staff ; and
(j) to do all such things as may be incidental and conducive to the
efficient management, maintenance and administration of the Shrines
and the Shrine Fund and the convenience of the pilgrims.
15. Alienation of movable and immovable property. —(1) No jewellery
or other valuable property of non-perishable nature forming part of the Shrine
Fund shall be transferred without the previous sanction of the Board.
(2) No land or other immovable property held by the Board shall be
alienated except by a resolution of the Board passed by it by a majority of
not less than two-third of the members of the Board present and voting.
16. Grant to religious institutions.— The Board may make grants in favour
of any institution for religious or spiritual purposes.
17. Liability of members.— Every member shall be liable for the loss, waste
or misapplication for the Shrine Fund if such loss, waste or misapplication is
a direct consequence of his wilful act or omission whileas such member, and
a suit for compensation may be instituted against him by the Board.
18. Appointment of officers and employees of the Board. —(1) For the
efficient discharge of the functions assigned to it under the Act, the Board may
appoint an Executive Officer and such other officers and employees as it
considers necessary with such designations, pay, allowances and other
remuneration and perquisites as the Board may determine from time to time :
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Provided that the Executive Officer of the Board shall as far as practicable
be of the rank of Additional Secretary to Government.
(2) The Chairperson shall, subject to any bye-laws made under the Act,
have the power to transfer, suspend, remove or dismiss any officer or employees
of the Board for the breach of discipline, carelessness, unfitness, neglect of
duty or misconduct or for any other sufficient causes :
Provided that where the officer or the employee is a Government servant,
he may be reverted to his parent cadre or Department in the Government.
19. Members, Officers and Employees of the Board to be public
servants.— The members, officers and employees of the Board shall, while acting
or purporting to act in pursuance of the provisions of the Act or any bye-
laws made thereunder, be deemed to be public servants within the meaning of
section 21 of the 1[Indian Penal Code (45 of 1860)].
20. Bar to suits or proceedings.— No suit or other proceedings shall lie
in any Court against the Board or its members, officers and other employees
for anything done or purported to be done in good faith by them under the
Act.
21. Rights of Purohits and other persons. —(1) All rights of the Purohits
and other right holders of the Chadawa shall stand extinguished from the date
of commencement of the Act :
Provided that the Government may appoint a Tribunal, which after giving
personal hearing to the Purohits and other rights holders of the 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 the Act. The Board shall examine the recommendations forwarded to it by
the Tribunal and take such decision, as it may deem appropriate.
(2) 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
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
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “State Ranbir Penal Code”.
90 SHRI MATA SUKHRALA DEVI JI SHRINE AND SHRI MATA
BALA SUNDARI SHRINE ACT, 2013
appointed for the purpose by the Board 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.
22. Audit and Annual Report. —(1) 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
the affairs of the Shrine and publish it for the information of the public at least
in two local dailies having wide circulation in the area.
23. Powers to make bye-laws.— The Board may frame bye-laws, not
inconsistent with the Act, for—
(a) the entrustment of duties and functions to the Member-Secretary
of the Board ;
(b) the manner in which decisions of the Board may be taken otherwise
than at the meeting ;
(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
a committee ;
(e) the books and accounts to be kept at the office of the Board ;
(f) the custody and investment of the Shrine Fund ;
(g) the details to be included in the budget of the Board ;
(h) the time and place of the meetings of the Board and Committees
thereof ;
(i) the manner in which notice of its meeting shall be given ;
(j) the preservation of order and the conduct of proceedings at
meetings and the powers which the Chairperson may exercise for
the purpose of enforcing its decision ;
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(k) the manner in which proceedings of the Board shall be recorded
and published ;
(l) the persons by whom receipts may be granted for moneys paid to
the Board ;
(m) the maintenance of order inside the Shrines and regulating the entry
of the persons therein ;
(n) the mode and procedure for the appointment/engagement of officers
and other employees of the Board and their emoluments ;
(o) devising plans and earmarking money for local area development ;
(p) the performance of duties provided in section 14 ; and
(q) all other matters expressly required, or which may be required, for
carrying out the purposes of the Act.
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