The JAMMU AND KASHMIR SHRI SHIV KHORI SHRINE ACT, 2008

SHRI SHIV KHORI SHRINE ACT, 2008
(Act  No.  IV  of  2008)

THE JAMMU AND KASHMIR SHRI SHIV KHORI SHRINE
ACT, 2008
(Act  No.  IV of  2008)
CONTENTS
SECTION.
1. Short title and commencement.
2. Act to over-ride 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.
18. Appointment of officers and employees of the Board.
19. Members, officers and employees of the Board to be public servant.
SHIV KHORI SHRINE ACT, 2008 149
SECTION.
20. Bar to suits or proceedings.
21. Audit and Annual Report.
22. Powers to make bye-laws.
–––––––
THE JAMMU AND KASHMIR SHRI SHIV KHORI SHRINE
ACT, 2008
(Act  No. IV of 2008)
[Received the assent of the Governor on 11th February, 2008 and
published in Government Gazette dated 14th February, 2008].
An Act to provide for the better management, administration and
governance of Shri Shiv Khori Shrine and its endowments including the lands
and buildings attached, or appurtenant, to the Shrine and for matters connected
therewith or incidental thereto.
Be it enacted by the Jammu and Kashmir State Legislature in the Fifty-
ninth Year of the Republic of India as follows :—
1. Short title and commencement.—(1) This Act may be called the Jammu
and Kashmir Shri Shiv Khori Shrine Act, 2008.
1[(2) It shall come into force on such date as the Government may, by
notification in the 2[Government Gazette], appoint.]
2. Act to over-ride 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) “Board” means the Shri Shiv Khori Shrine Board constituted under
this Act ;
(b) “Chairperson” means the Chairperson of Board ;
(c) “Endowment” means all property, movable or immovable belonging
to, or given or endowed for the maintenance, improvement, additions
to, or worship in the Shrine or for the performance of any service
or charity connected therewith and includes idols installed therein,
the premises of the Shrine and gifts of property made to anyone
within the precincts of the Shrine and lands and buildings attached
or appurtenant thereto, beginning from Ransoo up to the holy cave
SHIV KHORI SHRINE ACT, 2008 151
1. Enforced w. e. f. 1st April, 2010 vide SRO-132 dated 25-03-2010.
2. Now Official Gazette.
152 SHIV KHORI SHRINE ACT, 2008
and the adjoining hillocks currently under the management of the
Shri Shiv Khori Temple Board ;
1[(d) “Government” means the Government of the Union territory of
Jammu and Kashmir ;]
(e) “Member” means member of the Board and includes the
Chairperson ;
(f) “Prescribed” means prescribed by the Bye-laws made under this
Act ;
(g) “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 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 offerings made
to any of the deities comprised in the Shrine ;
(h) “The Shrine” means the Shrine of Shiv Khori and includes the
Shrine, holy cave and the other temples within the premises specified
in the preamble of this Act ;
(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 this Act, vest in the Board and the Board shall
be entitled to its possession and use for purposes of this Act.
5. The Board. ––(1) The administration, management and governance of
Shri Shiv Khori 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, Reasi, 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.
Chairperson
1. Clause (d) substituted by S.O. 1229(E) dated 31.03.2020.
SHIV KHORI SHRINE ACT, 2008 153
(b) Deputy Commissioner, Reasi and in case he
is the Chairman or is not a Hindu the
Additional Deputy Commissioner, Reasi.
(c) 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
nominated by the Government, not below the
rank of Additional Secretary to Government.
(e) Two persons, who in the opinion of the
Government have distinguished themselves
in the service of Hindu religion or culture.
(f) 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.
(g) Two persons, who have distinguished
themselves in administration, legal affairs,
financial matters, journalism, press etc. to be
nominated by the Government.
(h) Executive Officer of Shri Shiv Khori Shrine
Board.
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 three years from the date of their
nomination.
8. Disqualification for membership of the Board.–– A person shall be
disqualified for being nominated, as a member of the Board,––
Vice-Chairperson
Member
Member
Member
Member
Member
Member-
Secretary
1. Explanation omitted by S.O. 1229(E) dated 31.03.2020.
154 SHIV KHORI SHRINE ACT, 2008
(a) if he/she is not a Hindu ;
(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 undischarged 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 Divisional Commissioner, Jammu 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 ;
(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
default in performing the duties imposed on it under this 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 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 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 casual 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.
(3) Nothing done by the Board shall be invalid by reason only of there
being a casual vacancy.
SHIV KHORI SHRINE ACT, 2008 155
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 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 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.
14. Duties of the Board. ––(1) 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 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,
property and jewellery 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
(iii) the improvement of communication ;
156 SHIV KHORI SHRINE ACT, 2008
(e) to undertake the developmental activities concerning 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 Shrine
and the Shrine Fund and the convenience of the pilgrims.
(2) The Board shall also take steps to ensure that 20% of the Shrine
Fund is spent for the development of Reasi and its adjoining areas.
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.
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 while as 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 this 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 :
SHIV KHORI SHRINE ACT, 2008 157
Provided that the Executive Officer of the Board shall not be below in
rank than that of Additional Secretary to the Government.
(2) The Chairperson shall, subject to any bye-laws made under this Act,
have the power to transfer, suspend, remove or dismiss any officer or employee
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 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 servant.—
The members, officers and employees of the Board shall, while acting or
purporting to act in pursuance of the provisions of this 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 this
Act.
21. 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 in
atleast two local dailies having wide circulation in the area.
22. Powers to make bye-laws.–– The Board may frame bye-laws, not
inconsistent with this 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 ;
1. Substituted for “State Ranbir Penal Code” by S.O. 1229(E) dated 31.03.2020.
158 SHIV KHORI SHRINE ACT, 2008
(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 ;
(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 Shrine 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 this Act.
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