The SIKKIM SIDDHESVARA DHAM ACT,2011

GOVERNMENT
SIKKIM
EXTBAORDINARY
PUBLISHED BY AUTHORITY
GAZETTE
Gan tok Satlrday 05,h November, 20il No.553
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
No: 15/ LD/P/2011 Date: 02.11.2011
NOTIFICATION
The lollowing Act passed by the sikkim Leglslative Assembly and having received the assent of thecovernor on the 3d day of September,2Oll is hereby pubfishe; Io, g"n"rf iinf-o*rti"n.
. THE SIKKIM SIDDHESVARA DHAM ACT.2O11
(ACT NO.15 OF 2011)
AN
ACT
, to make provisionlorbe errnanagementoftheSikklm Siddhesvara Dham and propertjes appertaining
8e rt enacted by the regis ature of sikkim rn the sixty' second year of the Rep!brc ol rndia as folowsr-
Short title, extent and 1. (1) This Acl may be ca ed the S kkim Siddhesvara Dham Act. 201 1 .
commencement (2) lt sha lextend lo ihe whoe of Sikkrm.
(3) lt shallccme inlo lorce on such date as the State Government
may, by noiiftcaiion, in lhe Off cia Gazelte appoint.
Definiilons 2. (1) ln lhis Acl, unless ihere is anything repugnant the subject or context:-
(a) "Commiflee" means the Sikkim Siddhesvara Dharn Managing Committee
constituted under this Acl:
(b) "p rescribed ' means prescribed by rule made underihis Act;
(c) "Sevak' mean s any person, recognised by a compelent authority as a sevak
or hissubstiiute, appoinled io pertorn any work or duty connected with day to
day ritua s and plja and conversant w th puja, rituab, nitis etc.;
(d) "fund'means the Siddhesvara Dham fundi
(e) "Year" means financlalyear.
wrth day to day rluais and pula anc cofversani
lrrth puia, rituals,0(is eic.
(d)
"fund" means the Siddhesvara Dham lundl
(e
"year" means iinancial year.
Committee 3. (1) As soon as after the commencement oi thls Act
the State Government shall consltule a
Committee to be called the Sikkim S ddhesvara
Dharn [4anaging Commiitee.
(2) Notwithstanding an),4hing in any other law for the
time being :n force or cLtstom, usage or contract,
deed o. engagement, the adminlstration and the
governance of the Siddhesvara Dham and its
endowments shall vest in a committee.
It shall be body corporate, having perpetual
(3) succession and a common seal, and may, by the
said name, sue and be sued.
Constitutjon ofthe 4. (1) The Committee constituted under section 3 shall
Committee consists of the following members:-
(a) the Chiei N,4inister ol the State shall be the
Chairrnan:
Provided that where the Chlef Mlnister is a person
who does not profess Hindu religion, in such an
event, the Chairman shall be a Hindu Minister in
the Council oi l\.4inister as would be norninated by
the state Government.
(b) the Colector oJ the South Drstricl, ex-officio
member;
(c) the adminislrator appointed under section 18, ex-
ofiicio rnemberi
(d) one person to be nominated by the State
Government from amongst the Sevaks of the
Siddhesvara Dham and other religious
institutions, member;
(e) one person representing the Siddhesvara Dham
or other religious institutions connecled with the
seva pula or nitis to be nominated by the State
Government, member;
(t) One person to be nominated by the State
Government from amongst Persons who do not
2
\2)
(3)
belong to any of the categor es reterred to irl
c auses (d) and (e) mernberi
No person who does not profess the Hladu
relglon shall be elglble for membershrp.
The appointment or nomination of the members
shall be notified in the Official Gazette.
Every member of the Committee other than the
Chairman, and the ex-ofricio member sha hotd
otfice for a period of 3 (three) years from the date
oi notjfication under sub-section (3) ol section 4
and shali be eligible for re,noinination.
The State Government may suspend or remove
any member of the Committee on the lollowinq
grounds, namely,-
(a) that he has been convicted by a Crimina
Court oJ any offence which in the opinion of the
State Goverlr.enl involves moral tLrpil-oe:
(b) that he is of unsound mind or is suffering from
any physical or mental disorder or defect or
infirmity which in the opinion of the State
Government renders him untit io be a membet of
the Committee:
(c) ihat he has applied to be adjudged or been
adjudged inso,vent;
(d) that he has been found guilty ot corruption or
misconduct in the administration of the
Siddhesvara Dham and other religious institutions
or that some other sufilcient cause exists for the
removal:
(e) that he has absented himselt for more than
three consecutive meetings ol the Committee and
is unable to explain such absence to the
satisfaction of the Committee;
No member shall be removed under this section
unless he has been given a reasonable
opportunity in showing cause against his removal.
Terms ol Olfice of
Members
Power ot State
Government to
remove the member
oi Committee
6.
(1)
(2)
(3) Ttse decison o'lhe State Cove'nnent Jlder lhis
Dissolution and
supersessior'l
7. (1)
seclron shal be final and shall noi be iiatle io De
qUestroned tn any CoLrd oi Law.
i n the op nion oi the State Governrnent, the
Committee is not competent to perforrn or make
deiault in performing the dLlties imposed on it
under this Acl, or exceeds or abuse its powers,
the State Government may, after due enquiry, by
notiication, dissolve the Committee and
reconslituie another Commiliee within a perlod of
6 (six) mooths from the date oi dissolution or
supersede the Comrnittee for Such period not
exceeding 6 (six) months, as the State
Government may deem iit.
Before issuing a noilfication under sub-section
(1), the State Government shall communicate to
the Committee the grounds on which theypropose to do so, iix reasonable tirne for the
Cornmittee to show cause agajnst the proposal
and consider its explanations or objections, if any.
Where a Commiitee is dissolved or superseded
under thls sections, the State Government shall
appoint a person in the active service of the State
Government and professing Hindu religion to
perform the iunctions and exercise the oowers of
ll'e Corrn- tlee ultil the consltulo^ of anofher
Committee or tit the expiry of the period of
supersession, as the case may be:
- Provioed 1'tat pe'iod dLring wh,ch rne
Uornmitlee .enatns superseoeo sha. ,tot have
the etfect of extending the terrn of ofiice oi aner''rber oeyond the oeriod o, th.ee yea.s as
spec fieo in sJb-secl,or (1) o,sectio^ 5.
Casual vacancies caused by death, resignations,
removal or otherwise in the ofJice of the members
of the Commitee shall be fiiled in the same
rnanner as provided in section 4.
Ihe term of a member nominated or appolnted,
as the case may be, to flll a casual vacancy shall
expire on the day on whlch the term of themember in whose vacancy the nomination or
appointment has been made would have expired.
(2)
(3)
Casual vacancies 8. (1)
12)
Meeting oi the
Committee
9.
(3) Noih ng done oy tne Coriri tree bha I oe r)vaird
by reascn ojthere be fg casr.tat vacancy
(1) The Comrniltee shal matniain its offce at sLtch
p ace aS the Committee may determlne for the
transaction of its business.
The Committee shall meel not less than two iimes
durlng a calendar year and a period oi more than
six months shall not be alowed to eaose
between two successive meetings.
The Chairran ancl 1 nis absence his .on-rnee
shall preside over the meeting and in the absence
of both any member elected by the members
present shail preside over such meeting.
No business shall be transacted at any mee|ng
unless at least 4 (iour) members are present.
Questions arising at a meetino of the Comrnittee
shall be decided by a malor ty oi the votes oi the
members present there and the Chairman or the
person presiding, as the case may be, shall have
no righl to vote at the first instance, but shall have
and exercise casting vote in the case of equality
of votes-
The lvlember Secrelary of the Commlttee shall be
responsible for the due record and maintenance
of the minutes oi the proceedings duly
countersigned by the Chairman or the person
presiding, as the case may be, and shall submlt a
copy of the said minutes to the State Government
for their information
The State Government may cal upon the
Committee to submit report on any matler
concerning the business of the Committee and
management ol the Siddhesvara Dham
(herelnatter referred to as the ('Siddhesvara
Dham') and its atfairs. Non-compliance in thls
behalf will be treated as a default in performance
of duty withln the meaning of section 7.
It shall be wlthin the power of the State
Government by order to direct trom time to tlme
the payment lrom out of the lund to the Chairrnan
or the members of such allowance at such times
and in such Tnanner as the State Govelnment
(2)
(s)
(4)
(5)
(6)
(7)
Allowance to the
members of the
Committee
10. (1)
Duties of the
Committee
11.
(1)
(3)
i2)
may consider reasonable and proper
Save as otherwise ptovlded in sub-secton(1) no
merYrber of the Commiltee whlle ac|ng as such
shal receve or be paid from out oJ the lund any
salary or other remuneration except such
travelling or daily allowances, if any, as may be
l,4embers nominated shall be paid such
honorarium/allowances as rnay be notilied.
Sublect to the provisions of this Act and the rules
made there under, it shalt be the duty of the
Committee,-
to arrange for the proper performance of the
seva, pujai and of the day to day rituals, daily or
periodical nitis of the Siddhesvara Dham:
to provide facilities ior the proper performance of
worship by the pilgrims:
to ensure the safe custody of the funCs, valuable
securities and jewelieries and ior the preservation
and management of the properties vested in the
Siddhesvara Dham;
to ensure maintenance oi order and discioline
ano proper hygrenic condilions ir rhe Siddhesva.a
Dlam and for p.oper standaro o'c eaa,i.ess and
pu'iry in lhe ofer|.gs -nade therein:
to ensure that funds ol the speciflc and religious
endowments are spent according to wishes, so
far as may be known, of the donors:
to make provision for the payment oi suitable
emoluments to its salaried staff;
to prepare and implement, with the priot approval
of the State Government, any remunerative
scheme lor establishmeni of retail shops for sale
of commodities inside the Siddhesvara Dham or
any other commercial undedaking in order to
augment ihe resources and income ot the
Siddhesvara Dharn:
(7)
(8) to take steps for resumpiion of any building or
(2)
(3)
(4)
(5)
(6)
6
Constitutlon of sub- 12.
committee
'o- 5'rdlarr nl. t,e ;,e,,sF\ :, 1.6
S,Jol esvara D'aat lron dr y pe !o r rtr la,
ceased to render the service for the perlormance
of which such building or room was aliotted to hi.n
or if his service has become obsolete,
to do all such things as may be incidental and
conducive to the efficient management 01 the
aifairs of the Siddhesvara Dham and its
endowmenis or 1o the convenience of ih-.
pilgrims.
The Committee may constitute a sub-committee
to aid and advice the Commiltee in regard to all
the matters concerning management and atfairs
oi the Siddhesvara Dham.
The composjtion, the term oi olllce and the
procedure for the conduct of the business of the
sub-committee shall be as may be prescrlbed.
No movable property of a non-perishable nature
oi which the Committee is in possession and the
value of which s not less than ten thousand
rupees and no jewelleries shall be sotd, pledged
or olFe,wise atienated withoLt the orevious
approval of the state Government.
No immovable propedy taken possession of by
the Commitlee shall be put out in any form or
kansierred except with the previous sanction oi
the State Governmenl.
The provisions contained in the Sikkim public
Premses (Eviction oI Unauthorised Occupants
and Rent Recovery) Act, 1980 shaLl be
applicable, so far as may be, in respect of
unauthorised occupation of any land belonging to
the Siddhesvara Dhan't as if it were the property
oi Government within the meaning of this Act.
The Administrator may, with the prior approva of
the Committee, make an application ior taking up
approprlate proceedings under the said Act to the
authority competeni there under and thereupon it
shall be lawful for such authority to take acUon in
accordance with the provislons contained in that
7
(1)
(s)
\2)
Alienation of 13. (1)
Slddhesvara Dham
and Other Religious
Places Propedies
Removal oi 14. (1)
encroachment of
Siddhesvara Dham
and Other Religious
Places
t2\
(2)
L m talion of
borlow ng powers
Adminlstraiicn
report
15.
16 (1)
Act,
The Committee shall have no power to borro\4
ro_ey 'ror a'ry oe So_ o\ceor w ih ll - 01 , o. .
sanct on ol the State GovernTnent.
The Commlttee shall annually submlt to the State
Government a report on the administration ol the
afiairs of the Siddhesvara Dham at such tlmes as
the State Governmenl may prescribe and such
repon shall be published iodhwith by the
Committee in the manner prescribed.
The repod prepared and published under ths
section shall, as soon as possible, be laid belore
the state Legislalure.
The Commlttee may, with ihe prior approval ol
the Slate Government, delegate any of its
functions to the Adrninistrator or, as the case may
be, to the ofi cer who happens to be a member oi
the Committee ln place of an Administrator.
There shall be an Adminlstrator for the
Siddhesvara Dham who shall be appointed by the
State Government from amongst persons ln their
active service.
The State Government may also appoint one or
rnore officers to assist tre Administrator and the
officers so appojnted shatl, subject to thd control
oi the Admin strator, perlorm such duties as he
may, from tjme to i me, assjgn.
The Administralor shall be the Secretary of the
Comrrittee and its Chief Executive Otlicer and
shall subject to lhe control ot the Committee have
powers to carry out its decision in accordance
with the provisions of this Act:
Notwithstanding an).thlng contained in sub-
sectlon (1), the Administrator shall be responsible
for the custody of all records and properties of the
Siddhesvara Dham and shall have the followlng
powers:-
(a) 10 appoint all officers and employees oi the
\2)
Delegation of
powers
17.
(1)
(1)
Appointment ol
Administrator and
officers to assist
him
18.
(2)
Powers and duties
oi the Administrator
\2)
soJ,(s\ara D,.a.r ^.c f.or(ss -l-_. ..,.g,j,.
and SfoLrO w rn fl rdts o, ;- d
a1d orher rrle5 erc..
(b) to iease out for a perod not exceedino threeyears al a Irme lFe lands a.d oJid,lg;. tre
Siddhesvara Dham which are ordinarilv ieased
ou1;
(c) to call for tender ior works or supplies andaccepi sLrch lenders as rray be p.esc,tbed or
notified:
(d) to order for emergency repairs;
(e) to specify. by geoera. or speciai orders, sucn
condrtions and safeguards as he oeems fit
subject to which any sevak, office holder or
servant shall have lhe rjght ro be rn possessron oljewels or otte. valL,ao'e belongings ot the
Srddhesvara Dham:
(f) to decide disputes relating to the collection,
d slrib.ttiol or apootntmenl oi o.ierings, fees a,.to
oih€' receiots :,'t cash or 'r kind received kom the
members of the public;
(g\ lo decide otspures re,at ng to r,ghls, pr;vieges
dulies and obligarions of sevans, oi{jce ho,ae,s
a1d servanls in,esoecr of seva, puja and olher
day t0 day wo,^. wlet.ler oroinary or Special ,-
nel| nc
(h) to require various sevaks and other persons to
do thelr Legitimate duties n timei
0 in absence of any sevak or his substitute or on
the.iailure on the pan of ary such person topelorn nts dJt,es to gel lne worh dole by a-y
other person:
Provided thal rne exercise oJ the power J.tder
clauses ra'. tb). {c1 and (el sna be sublect to r.te
directiors t ary. of ihe Commifiee ssJed
speci'fically in that behatf.
The Adrrinistrator.ray. suojecr 10 sucn co.td:hons
I any. as the Commiflee may by gelerar or
Specral Oroe'r'npose, a.foro fac es on pay.ne^t
of fees for special darshan or for any special
9
(3)
Control of sevak
etc.
24.
serv ce, rrtral or ceiemony Such dar-chaa,.
S.r\.e rlJa O, Cerp-non/ noi ni,rg --0,. ),er.,{,ll Ihe cLSron ard rsage )t tr-e SOore5...djaU'a--l and ne snall ha/e po^er ro oe-ertt,np rn.._
portion, if any ol such fees which shalt be Faid 10
the se'/aks, oflice holders or servants ot theSiddhesvara Dham.
All sevaks, olrice holders and servants attachedto the Siddhesvara Dham or in receipt ol anyenor!.nerts o. perouisies lt-e,e,.on sna,,whetFe' sucl- serv,ce ts ne.edtary or rot, oes-O.ect to the conlro' of tne Adrrin srrato. wnomay, subject to the provjsions of thjs Act and the.egJlal ors Tade by rne Co.nrn,hee in tl-at beha,,,a e' giving Ihe oerson concer.eo a reasonatlleopportunity of being heard,_
la) !rirnho,o tr-e ,eceipl of e.nolLj-enrs orperqutsrres;
Lb) l1L:: a fine oi an amount not exceedjngRs.500/- (Rupees f ive hundred)onty;
(c) suspend; or
(d) dismiss;
:lu--9l,. rn".rl for breach of trusr, i.caoacty,drsobed:ence o, tatvt.ll orde.s. neolecl o. thewilrf,rl absence rrom duly. djso.der,y -benav,o_, 
orcond^ucl derogarory to i1e dtsciphne or dtgnry o.ihe S;odFesvara Dhar,l or to. any other Sufric;entcause.
The^Admir st.ato. rray n cases of enqrgqnsyuLrcuL rne execLlton Of a1y work o. l6e do,^g Oiany acl ,rh,cr s rol o,ovrded for in the bddgei.o,
].::]-"ul und jmmediate execut;on or rhe oo-ing ofwnrc. 's In his oo1,on necessary ior il-epreservalon of the prope.ties ol the SiodhesvaraUh€m and its endownelts or,or the service or
:9leiy ol the pitgrims resonrno ro tneSiddhesva.a Dha.n or crner religiorrs piaces or tortne,-due perforn ance of the day ro day wor(nerern and may direct thal ihe expe^ses o{€)&,tngsuch work or doing rJ^e acr snall be paidIrom the.und. The Adm,qistrator shalt .orthwirh
repod to rhe Com/niflee tne action la<el unoerrnrs sectton and the reasons therelor
10
Extraordinary
powers ol the
Adminlstrator
21
Eslablislrrnenl
Scheduie
22 (1) Aiter the apporntment cf ille firsl Adanin strator. lr-o
s'al as soon as nay ce prepa.e and suon..tol*e Corrniree a scned,,e Sett.-g ,o,lL .Fe O r es,des gnatro^s ano graoes o, rhe or{,(ers a..to
employees who may ln h s opin on, constitLrte the
estabJjshmenl of the Siddhesvara Dham andelbody nrs progosars w.ll regaro to rre satar.es
and arJowarces payab,e to rhem and sLCn
schedule Sna'. corle Into,orce o- app,ova Oy lne
Commiflee.
No change shall be efiected in such schedule
except wjth the sanction oi the Committee.
Subjeci to such exceptlons as the Committee
may by generai or special order direct the offjcers
and employees of the Siddhesvara Dham on the
date of the commencement of this Act shall
continue as such and the conditions of theirservices shall be reguianzed in the prescribed
mannet,
Any pe'soj agg.ieved by any order passed by the
Adrn,nlst.ator Jnoer claLse (t) ano (g) of se;lio1
19 and sectio" 20 may wih;n l5 (fifteent days of
the dale o, conruntcatio..t oi rne oroer to nim
prefer an appeal before the Appeal Committee.
All appeals riled unoer sLrb-section i I/ shali be
hea.d ard disposed o{ Dy the Appea. Co.n.ni-tee
as hereinaiter constltuted
The Appeal Commlttee shall consist of the
Coilector of the South Dlstrict who sha be its
Chairman and two other members elected in thep'escribed rranner oy lhe memDers or tl,e
Cottm,ttee frorn ar4org Ine nor-oflic.al rrerrbe.
thereof:
Provided that ii the Co ector does not orofess
Hinou religion. the of{icer who nappens io oe a
ne.nbe' of tl^e Committee ia nis place, sf a. oe
tl^e Char."nar of rhe Appeal Corrn ittee.
The Appeal Committee shall, alter making such
erquiry as t may oee.n necessary a.d after
grvrng tte pa1'es coI.cerneo a ,easonable
opportJniry ol betng hea.d. paSS suc't o.de. as t
deems fii
(2)
(3)
Appeal agalnst the
orders of the
Administrator
(1)
\2)
(3)
(4)
11
Budget
1!)
(1)
(6)
The decrsion ol the majcr ty oJ Appea Con-n" :ice
where the dectsion s nol unanimoLrs. shail be
deemed to be the decision oJ the Appeal
Commitee:
Provided that where the Chatrman ol the Appeal
Cornmittee ditfers ftom both oi the oiher members
thereof, he shall reier the appeal along with ai
connected records and opinions expressed by
him and the other mernbers to the Committee
whose decision by rnajority thereoi in case it is
not uoanimous shall be itnal.
No order made by the Administrator as referred to
in sub-sectlon (1) hereinabove or by the Appeat
Commiltee under this secllon shall debar anv
person aggrieved thereby from establishjnq hi;
right, if any, in a Coun oi competent jurisdi;tion,
but no Court shall have power to stay the
operation ol the said order pending the linal
disposa oi the proceedinqs beiore such Court or
o'any appeal or applicalon arising therelrom or
rn relation thereto.
The Aor-strato. snall. every yea.. prepare i.lhe orescloed n-anner a.o to.m a bJdger
estimale of the recelpts and expenditure of the
Siddhesvara Dham and its endowments for the
following year and ptace it before the Committee
which rnay approve it without modilication or with
such modlfication as it deems iit. After the
aporovai o' the Cor1-nitee. the bJdget sha,l be
s,bnrIIFd to the State Govern-nenr tor salclion
belore sucl^ dare as .ray be f xed by tne State
Uovernment in thai bchalt
Before sanctioning the budget, the State
Government sha I satisfy themselves the
adequate provision has been made ln the buclget
ior the maintenance of the prescribed working
baiance and for rneeting all the iabilities oi th;
Siddhesvara Dharn and its endowments, lf the
budget as submited to the State Government
fails to make thdse provisions, the State
Government may modfy any part of the budget
so as to ensure that such provisions are made.
The decision of the State Government
sanctloning the budget subject to the
modifications, if any, shall be communlcated io
.12
24.
(2)
Revised or
Supplementary
BLrdget
Siddhesvara Dham
Fund
25.
the Co.nmittee ot the year 10 \rhich the budQel,erat.. at o I e aospnce o. s_-n
corTrmuncaton before the end of the precedtng
financial year, the budget shall be deemed lo
have been sanclioned rn pursLrance of thrs
section.
li in lhe course oi any year, the Commitlee Jinds lt
necessary to modify the figLrres shown in the
budget with regard to its receipts or expenditure it
may-subrnit a supplernentary or revised budget to
the State Governmentl
Provided that no alteration shall be made withoul
the consent of the State Government in the
working baiance.
Tl^e Srare Governnent sha,l, every year. appotnr
an a-drlor to aLtd t the accounts of th-a
Siddhesvara Dham and its endowments ln the
prescribed manner and fixed his remuneration
which shall be paid to such auditor from the iunds
thereof. Ihe auditor shall submit his reoort to the
Comnidee a1o seld a copy of t to lhe Staie
Government which may issue such directions
therein as they may deen iit and the Committee
shall carry oui such directions.
The repon of the auditor and the directions issued
by the State Government thereon sha| be
pubiished in the prescrjbed manner.
There shall be constituted a fund to be called,,
Siddhesvara Dham Fund" which shall be vested
in and be administered by the Commitlee and
save as otherwise provided in this Act shall
consist oli-
(a) the income derived from the movable and
immovab e properties ol the Siddhesvara Dham:
(b) any conkibution by the State Government
e.tl"er by way of gralt or by !tuay oi toan,
(c) all fines and penalties inrposed under this Act;
(d) all recoveries under this Act; and
(e) any other gifts or contributions made by the
public, locai authorities or inst tutlons.
13
Accounts and Audit 26. (1)
(2)
(1)
Recovery of 28.
Siddhesvara Dham
dues
lnstallation of Hundi 29.
The said lund may be utilrsed {or any ol thc
purposes permitted under the Act ano ior all or
any of the lollowing purposes:-
(a) maintenance (including repairs and
reconstruclion), management and administration
ol the Siddhesvara Dham and its properties;
(b) training ot Sevaks io perform the religious
worship and cerernonies in the Siddhesvara
Dham:
(c) medical relief, water supply and other sanitary
arranqements for the worshippers and the
pilgrims and construciion of building for the r
accommodation;
(d) culture and propagation of the tenets and
philosophy associated with Siddhesvara Dhami
(e) any other work or undenaking for the
purposes of the Siddhesvala Dham authorized
by the State Government, so long as such
authorization subsistsi and
(f) wiih the previous sanction of the State
Government for the establishment and
maintenance of or making any grant or
contribution to any leper asylum, poor home,
o.phanage or similar other institutiOns.
All amounts due to the Siddhesvara Dham
including iines, if any, .imposed under this Act
shall without prejudice to any olher mode of
recovery be recoverable as arrears of land
revenue on acquisition made by the Administrator
in that behalf.
The Committee may, with the approval of the
State Government, install one or more
receptacles (hereinafter referred to as "Hundi") ai
such place or places in the siddhesvara Dham as
it may think fit for placing ot olferings by the
pilgrims and devotees vjsiting the Siddhesvara
Dham.
The Hundi shall be operated by such person and
in such manner as the State Government may,
f rom rime to lime, dete.mine.
14
\2)
(1)
(2\
Foundation fi.rnd 30. (1)
t3) Tne Stale Gover^fien. may. from .:me to ttrneorrecl such po4,on o{ tte ofer.ags p,acedrl a
Hundi be credited to the Foundat on Funo.
(4) No person s"alJ..w(horJl berrg aurnorized by theAomrnistrator in this beha,t, go near or:nlertere,nany..manner with any Hundi instalred in theuioonesvara Dhami
Provided that no such authorization shajl berequired for going near any Hundi ior the bonatidepurpose of placing any oflering therein.
There shall be constituted a fund called ,,
Siddhesvar Dham Foundation Fund,, (hereinafter
referred to as the Foundation Fund) which shallbe vest in and be administered by the FoLtndation
Funo uommrttee under sub-sect;on (5).
The Foundation Fund shall consist of alldonations and contributions made by any person
lo the Siddhesvara Dham or in rhe name of anydeity installed therein other than those made forany specilic purpose and such other amounts asmay be directed by the State Government.
All amounts credited to the Foundation Fund sha
be invested in long term lixed deposits with suchbank or banks as the State Government may
approve and shall always be kept so invested aodno such fixed deposit shall be ptedged orotnerwtse encumbered:
Provided that the Stale Government maypermit such out of the Foundation Fund as they
may fix to oe utilised for any purpose ot the
Siddhesvara Dham as may specify.
All amounts accruing by wav of interesl on such
fixed deposits shall be credited to and torm parl ofSiddhesvara Dham Foundation Fund constituted
under this section.
The Foundation Fund Committee shall consists of
the following members:-
(a) the Chief Minister of the State of Sikkim who
shall be the Chairman;
(b) the Minister-in-Charge of Law who shalt be the
15
(2)
(3)
(4)
(5)
(6)
Vrce-Chairmanl
(c) the Secrelary to the GoveTnment in Law
(d) the Secretary to the Government in the
Finance Departrnent or h s nominee who shall not
be below the rank of a Joint Secretaryi
(e) the Collector of the South District; and
(i) the Administrator ol the Siddhesvara Dham
who shall be the Member Secretary.
The Committee shali conduct its business in such
rlranner as they may determine.
During the absence oi the Chairman, the Vice-
Chairman shall act as and perform the lunctions
oi the Chairman:
Provided that the Secretary to the Government
in the Law Department shall act as and pedorrn
ihe funclions of the Chairman during any period
when both the ofl ces of the Chief Mtnister and
the Minister, Law Department remaln vacanl.
Notwithstandlng anylhing to the contrary
contained in any law, custom, Usage or
agreement, no sevak shall be entifled to any
share out of the amouni ol donations or
contributions to the Foundation Fund made under
sub-secr'o- (2).
Save as otherwise expressly provided in this Act,
no suil or proceeding shall lie in any Court against
the State Governrnent or against the Commttee
or the Administrator lor anything done or
purpoded to be done by any of them under the
provisions oi this Act.
Subject to provisions ot this Act, the general
superintendence of the Siddhesvara Dharn and
its endowments shal vest in the State
Government which may pass any order that may
be deemed necessary for the proper maintenance
or administration of the Siddhesvara Dham or its
endowments or in the interest of the oeneral
pubrc worsl^ipp -q in rhe Siddhesva.a Dh;.
(7)
(1)
(B)
Bar to Suits or
proceedings
Power of the State
Government
32.
16
(2) Sublecr to the provstons ol this Act, the Slate
Governmeft rnay cerl icr alld exa rir e the
records of the Adminlstrator or ol the Commitee
.n 'espec' o! a4y oroceeo'ngs ,ir a !,e/1/ to
sat sfy themselves as to the regularity oi such
proceed ng or the correctness, lega ity or
propriety oi any decision or order made thereto
and, I ln any case, it appears to the State
Government thdt any such decision or order
should be modified annulled, reversed or
remltted for re-consideration, they may pass order
accordingly:
Provided that the State Government n]ay stay
the execution ot any such decision or order
pending in exercise of their power under sub-
section (2) n respect thereof.
Whenever any person havlng duties to periorm in
respect of the njtis of the Siddhesvara Dham or
sevapuja ol the deity rajses any clairn or dispute
and iails or refuses to pedorrn such dutes
knowing or having reasons to believe that the
non-performance of the said duties wou d cause
delay rn the pelormance ot the nii s or sevapuja
or inconvenience or harassment to the public or
any section thereof entitled io worship in the
Siddhesvara Dham and willfully disobeys or fails
'to comply with the orders of the Administrator
directing hlm to perform his duties without
prejudice to the results of a proper adiudication oi
such claim or disputes, such person or any olher
person who abets such conduct shall be guilty ol
an oflence punishable on convictlon with fine
which rnay extend upto Rs.500/" (Rupees flve
hundred)only.
Whoever voluntarily causes obstruction by use of
force or otherwise, to any sevak in the due
performance oi any pula or n ti which such sevak
is entltled or authorized to periorm, shal, on
convictlon, be punishable with imprisonment
which may extend to six months or with fine which
rray extend Rs.500/- (Hupees five hundred)only
or with both.
Whoever not belng authorized by the Committee
or the Administrator lnterferes with the free
movemeni of visitors with n the premlses ol ihe
Siddhesvara Dham or wlth any precautlonary
77
Oilences (1)33.
(2)
(3)
35.
(4)
(1)
(5)
rneasures laken lor iher saiety or conveitience
sha i on convrciion, be pun snable ",,'rhimprrsonorent u,hich may exlend lo thiea rnonihs
or with fine which may extencj to Bs.5OO/-
'P-oees li\e l .1dreo)orIy or !\itF,'r,,
Whoever.-
(a) not being the sevak entitled to perfo.m any niti
or puja or to offer any bhog to any deity instalted
wlthin the premises ol ihe Slddhesvara Dha.f
periorm such niti or puja or oifers such bhog; or
(b) forclbly enters into nay place within the temple
when such entrance is prohibited undet any aw
or custom or under any lawlul order issued by the
Committee or by the Administrator; or
(c) takes lnslde the premises oi the Siddhesvara
Dham any article knowing that the taking of such
article is prohibited under any law or custom or by
any declaration made and published in the
prescribed manner by the Committee with due
regard to the prevailing custom, public health,
morality or the religious seniiments of the public;
sha l, on conviction, be punishable with
lmprisonment vuhlch may extend to two months or
with fine which may extend io RS.5OO/- (Rupees
five hundred)only or with both.
Whoever answers the call of nature at any place
wlthin the premises ol the Siddhesvar Dham
oiher than that set apart lor the purpose or enters
the Siddhesvara Dham in-a state of intoxication
and conduct h mself ln such a manner as to
cause annoyance to any person or commits any
act of indecency or uses obscene of abusive
language w thin the premises of the Siddhesvara
Dham shall, on cor]viction, be pun shable with flne
which may extend to BS.5OO/, (Rupees iive
hundred) only.
Any police olficer may arrest withoui warrant any
person who is committing or who is reasonably
suspected to have committed any oftence under
this Act
No Court inferior to that of a Judicial Maolstrate
shall try any otfences under this Act.
Oifences to be
cognizable
Cognlzance of
offences
18
Composition of
oiJefces
36. (1)
(.2) Nc Court shall take cognizance of any sr.rch
oiience wtihoLtt the previous sanction ol tne
Adm n sliator.
The Adminlstrator may accept irom any such
oerSo. aga,'lsr wton_ a .eaSo,dore rL,slri(i),1
exisls that he has committed an offence under
thls Act, a sum ol money not exceeding thernaitT.Jm a.nount oi fine whicr- may oe'.rposeo
in respect of thal oflence oy way oi cornposito,
of the ofience.
On the payment oi such sum oi money, the
suspected person, if in custody, shall be
discharged and no further proceedlnos shall be
taken against such person.
Al amoLIS .ealized on accoJ'lt ol iines Jpol
conviction for offences undeT this Acl shall be
credited to the Siddhesvara Dham Fund.
The comrniltee may, subject to the approvat of
the State Government, make requ ations not
inconsistent with the provisions of this Act and
the rules made thereunder io provide for the
manner in which the duties imposed on it under
this Act and it functions thereunder sha| be
discharged and in particuiar to provide fori
(a) conditions of service of ollice bearers and
employees of lhe Slddhesvara Dham;
(b) procedure for transfer oi sevapuja and
observance oi nitis and other usages in the
Slddhesvara Dham.
(c) any other matters for which regulations are
requlred to be made lor purpose of this Act.
The State Government may make rules to carry
o!t lhe purpose of this Act.
ln particular and without prejudice 10 the
generality oi foregoing power, they shall have
power to make rules with reference to,-
(a) all matters expressLy required or by this Act to
be prescribed;
(2)
Funds to be
credited to
Siddhesvara Dham
Fund
Regulations
37.
38.
Power to make
rules
(1)
\2)
39.
19
Committee to be in
possession oi the
Siddhesvara Dham
and its propedies
40. (1)
(b) al manner of exercse ol control by the
Cornnrlttee over the actions oi the Adrnrnisiraior.
(c)the grant oi traveling or daily allowances to the
members of the Commlttee:
(d) the performance of dulies by the Committee
under section 11 and mode and extent of
expenditure under section 27;
(e) lhe publication oi the Administral on report
under section 16;
(i) the custody of records and properties;
(g) the preparation oi the budget estimate ior the
Slddhesvara Dham;
(h) the preparation and sanction of estimates and
acceptance of tenders in respect of publlc works
and ior supplies;
O the custody and investments ol the
Siddhesvara Dham iund by the Committee;
(j) the audit of the accounts of the Siddhesvara
Dham and the particulars to be mentioned ln the
audit report and the manner of publication thereof
and oi the directions issued under section 26:
(k) the recovery of amounts payable to auditors
appointed by the Stale Government; and
(l) any other matter that requlred for the etficient
administration of the Siddhesvara Dham and its
endowments.
The Committee shall be entitled to take and be in
possession oi all movable and immovable
propertles including funds, jewelieries, records,
documents and other assets belonging io
Siddhesvara Dham.
lf in obtaining such possession, the Committee or
any person authorized in this behalf by the
Committee is resisted or obstructed by any one, it
may make a requisition in the prescrjbed lorm to
any lMagistrate of the first class within whose
jurisdiction any such property is situated to deliver
possession to the Committee. On receipt of the
requisition the Magistrate shall hold a summary
20
12)
(s)
enalLr ry tl. tn-- iix)t .rl the case .r l(l rtrsfeclthal lhe resrstdnce or obstructron ur'aS u, iri,L)l any
,1,5t Causa, sha,,Lo,,tp! y!rth lne sd,d I t..ltJna']o.1 e/er( SrnJ t'rL. OOvlFrs L-OAi rlL c.t 01rrre,tVlgt"t-rle \r d,, , r J.U- t u) tnF .L,o. ,TdOe
Lrnoer lnts Act
N^o_,suit, prosecu.on or orher tegd proc.eo,ngs
:l:,r-rre aSa;ns, rFc Co"nfl;tree o. an persJnaclr.g Jrder rls tnst,Lc ons or aLihor.z,e j y ,, tor
anythjng done in good iaith under sub-se.-,, rn (2):
Provided lhat nothing contained ,r, thrssectron shall bar the institltjon 01 a su t by anypersoc agg eveo D) dn order n"ao. rnc.pundei
'ro"t psLdbli.,lrng nrs r.t e ro rhe said o,ooE-\.
Ar oL,blc otrcers l-dv lq cJsrooy o, an eco,oreqslar repo.t or olher docL.nents rel. J tl eS ddhesvara Dham o. any movable or i,rr -iaoteproperty 
. 
thereof shal lurnish such copies of orexlracls i,o.n rhe sare ds rray be,eq- rec ry ti^eAomtnislrator
No act or proceeding of the Cornmiltee or anyperson acting as a member of the Conrmitte;shal,,oe dee-necj to be irvalid bi, ,eason - / ot aoelect '1 il-e establishmenr o- constitJljo .r theUorlmrttee or on lhe groJ,to lhar any rn?moe. of._re.Uo.1.n[lee was 1or entireo to oO orconr ^re ,t s_L" .'{tue b} ,Faso- of ar}diSOL._lificalior Or b,/ reaso,. of a1y :fteg.lrjrrry olllega rly ir l^,s aopoinlment or by reasor , 5Ll(hacl Favrrg been dole or pto"eedtrg tah. krrrlg1ne penoJ o'a1y vacancy,1 tre olrce ol . ,rrbei
o lne uorrm ftee
No acl or oro( eeoing o- rle Adrntntstralor sr.d j beoee'ned lo be 1va.o oy reason ot onty ot a delector rflegJlalt) his appo -t.ner t or or rhc ! o,lr dll .ll *. was -o1 ell,lted lo "o,o or Lo. t',Ue trl
oifice by reason of any disqualification..
The adrninistraior and every person duly
authorzeo by hirr o, by rre Conrlhee'sfati.
wl_ e acl'lg -1oer ary o, ltse prov.s.o^(. ol th,s
Act, be deeF ed to be p-ol;c se.vant \(tthin the
mea|ing of section 21 oi the lndian penal Code.
PLrblic officers to
furntsh copies of or
extracts lrom
cedain documenls
Acts ol Committee
and Adrninistrator
nol to be
lnvalidated
Administrator etc. to
be public servants
41.
42. (r )
{2)
43
,71
to be public aulhorized by him or by ihe Cornrnitlee shall, whlle aclr g Lrlder any oi ,r,e
seryants provrsions of this Act. be deemed to be pllbric servanr wilhr. the Ine;nin(, otsection 21 of the lndian Denal Code
powers to remove lf any djfficulty arjses in giving effect to the provisions of this Act, the State
difficLrlties :?y:ll..lt may,. as occasion rnay ,equ,re, by order to co anyrning ,rorrncons,sleni with this Act or tbe rules nade ihereunder wht:n appea-.s tothem necessary for the purpose ot removing the ditficulty.
R.K. PUFIKAYASTHA (SSJS)
LR-cum-Secretary
Law Department
File No: 16 (82)/ LD/77-2011
S.G-P.G. - 563/cazette EO Nos.ntt 05.11.2011.
S!KKEft/I
G$VER.NruXEh,lT GAZET'TE
EXTRAOBDINAHY
PUBLISHED BY AUTHOFIITY
Gangtok Thursday 1gth JulY, 2012 No.365
GOVERNII,lENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
gAIEDt 17.O7.2012NO: 26/LD /P/12 . NOTIFICATION
The 10llolvlng Act passed by the Sikk m Legislative Assembly and having received the ascenl
olthe Govefnor on 6d dayol May,2012 is hereby publisheci ior general inlormallonl_
THE SIKKIM SIDOESVAFA DHAM (AI!IENDMENT) ACT,2012
(acr No.26 OF 2012)
AN
ACT
to amend the Sikkim Siddhesvara Dham Act,2011
Fe /'l enacted by the Leglslature of Slkkim in the Sixiy-third Year oi the Republic oi lncla as
fo lows.'
Shorl title, extent and 1. (1)
t2)
(3)
Amendmenl of 2. \1)
section 2
ThisActmaybecaledllresikkmsiddhesvataDham (A'iendment)
Act,2012.
It shall extend 10 lhe whole ot Sikkim
It shaLl be deemed to have come lnto force w.e-t 7h November' 2011'
ln Sikk|n Sicldhesvara Dhanr Aci, 2011( herelnalter called the sald
"Acf'), betore sub_clalse (a) of sub-section (1) ol section 2' the
following sub clause shall be insefted, namely,'
-(aa) Aominrst.alrve Depa'rrrert neans ror)risf i-,]o Ci! A\ d_
tLon Depaatmenl, Government of Sil'Liml
3. (1) lnthesaidAct, inclause (b) of sub-section (1) olseciion4,theword
'Colleclor ol the Soulh Districf'shal be sr-rbstiluted by the word
'l!4lnister_in_Charge, Tourlsm and Clvll Aviatiol_r Depa ment'
Government ol Slkkim".
(2) ln clause (d) of sub'secl on (l ) of section 4, for the existing eniry'
the following shall be substituied lamely,-
"secietary, Tourism anclCivll Aviatlon Depadment, Government oi
Sikkim".
Amendment of
Amendment ol section
ot seciion 12
(3) n clause (e) of sLrb"section (1) of sect on 4 for the exisl r)g entry, tlle
iollowing sha I be sLlbstiluted namely,-
"one person ronversanl wlth traditions afd c! lLrre of sanathan
dharma"
,lmendment of Section 4, (1) ln the said Act in seclion 1 1 , after lhe wold Committee the lo lolvirrg
words shaLlbe added 'to ay down plan or poi cies or programme for
implemenlation by sub_committee or commiltees as may be
consiituted lrom time to lime and sha I also supelVise per odica ly
lhe lmplenT enlation ol tlre poLlc es etc. and may also endorse such
other additional dLllies or f!nclions io sub- committees as rt may
deem fit and Propel'
(2) ln the said Act, sub-section (1) 10 (9) of secllon 1 1, shall be omilteo.
5' (1) in the said Act, ln sub-section (l ) of secllon 12 atler the word "sub-
commiitee" and beiore ihe ,,\,ord "io ald', the toLowing words sha I
be nseated, nameLy,-
"wiih District Co lector. South Districl as the Chalrman".
(2) Aiter sub -secuon ('1), following flrther provlso shalbe nseried,
namely,-
"Provided thatvlhere the Dlsvict Collector, South D slrlct is a person
who does not profess hindu religion, the State government may
nonrinate any other appropriate ofilciaL of the Slaie government as
the Chairman of the sub-comm ttee
(3) r-r the said Aci, after sub'seciion (2), the jollow ng new sub-sectrons
shaLl be inserted, nameLy,"
'(3)to arrangeiorthe proper performance ofthe seva, puia, and of
the day to day riiuals, dai y or period ca njtis of lhe lemple;
(4)to provlde fac litiesforthe proper pe ormance ol worsh p by the
pilgrims;
(5) to ensure the sale custody of the funds, valuable secur ties and
jewellerjes and ior the preservation and management oflhe properties
vested in the tenrple;
(6)toensure maintenance of order and discip ine and proper hygienlc
conditlons in the lemple oJ proper slandard of cleanliness and purity
in the ollerlngs made therein;
(7) 1o ensure that funds of the specific and religlous endowments
are spent according to wishes, so far as may be kfown, ol lhe
donors;
(8) tomake provls on torlhe paymenloisu table emolumenls to its
salaried stafl;
(9) to prepare and irnplement with the prior approval oi lhe State
Government, any remuneraUve scheme for establishrnent of retai
shops lor sale of commoditles inside the lemple or any other
commercial undertakjng in order to augrnenl the resources and
income ol the tetnple;
2
IlOl to lake sleps for resLmp(ion ol any bui'oing or roorn slruated witl'in
''"' il" "t""'J"."f 
tne terple i-on' any person il ne has ceasedlo
)"iio, in. ""r"" 
for ihe pe'iornance ol which sLch o"ilding oI
il"f*". r;.u"Ja n'* or il his sew'ce has rrecome obsolele;
11t) todoall such ihings as may be incidental and conducive 10 the
t' ' -],,"i"l"i *rnro"-rent oi tl'e aifairs oi lhe lemple and its
Ino-o*m"nra otio tt''" tonvenience of the pilgrrms'
Amendment
section 30
(1) ln the said Acl, in
word "Lav/' shall
Aviation".
oI clause (o) ol sub_sect'on (5) ol secliol 30' tl'e
n-.1Ginrt"o uv rn" *ords'Tou'ism and civil
R.K. PurkaYastha,SSJS
L.R. -ctlm-SecretarY,
Law DePadment'
(2)
(3)
ln the sald Act' in clause (c) ol sub_sectiol (5)' the word "La!d'
l;:iff".l;uJ;i;-.v ,te words 'rourism and c:vil Aviation"
i;;"";;;;.;;; "16 
section (7) or sectio' 5' tr'e word "La\'r''
;;";;;:i";;:";;; ioe subsi;i'ieo ov 
'n" 
*ords "roJrism and
CivilAviation".
GOVERNMENT
SIKKIM
EXTRAORDINARY
PUBLISHED BY AUTHORITY
GAZETTE
Gan tok Thursdav 20ih June. 2013
GOVEBNMENT OF SIKKIIV
LAW DEPABTIIiIENT
GANGTOK
No.295
Dated:11.06.20'13No.11/LD/P/13
NOTIFICATION
The follawing Acl passed by lhe Sikkim Legislalive assenbly and having teceived the assent
of lhe Gavenot on 1glh day af May, 2A13 is hercby published lat geneai infatnatian:'
THE SIKKI[,1 SIDDHESVARA DHAI\r] (AMENDMENT) ACT, 2O'13
(ACT NO.11 OF 2013)
AN
ACT
to amend the Sikkim Siddhesvara Dham Aci, 201 1.
Be it enacied by ihe Legislatlle oi S kklm in the Slxty-louith Year oi R€pub ic of lndla as
10 loas.-
Short title, 1.(1) ThsActmaybecalediheSlkkimSiddhesvaraDhari(Amendment)
extent and Ac1,2013.
(2) ll shall €xtend to the whole ot Sikkirn.
(3) lt sha I come into Jorce al once.
ln the Sikk m Siddhesvara Dham Acl, 2011, in sub-secl on (1) of section 4,'
i) For clause (a) and the entr es lelating thelelo, the iol ow ng
clause and entries shal be subsl iuted, narne y;-
'(a) Hls Excellel,]cy, the Governor ol Sikkim shai be lhe patron
in Chiei'i
ii) Alter clause (a), ihe folowing clause and lhe entlies sha I be
inserted, namelyi-
"(aa) the Chiei Nlinister of the State shal be the Chairman:
Providedthalwherethe Chief Mlnisleris a person who
does not proless Hindu relig on, in such an event the Cha rman
shall be a Hirdu Minisler n the Counci ol Minlsier as wou d be
nominaled by the slate Government."
R. K. Purka)/astha
Advisor-cum-Principal Secretary,
Law& Parliame.tary AiE!9 qgpE-dmllt
Amendment 2

Excerpt shown. Open the full act in Lexace.

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