The SIKKIM PLACES OF PILGRIMAGE MANAGEMENT ACT,2014

SIKKIM
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Gangtok No. 252Tuesday 17th June, 2014
No. 4/LD/P/14
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
Dated: 16.06.2014
NOTIFICATION
The following Act passed by the Sikkim Legislative Assembly and having received assent of
the Governor on 31st Day of January, 2014 is hereby published for general information:-
THE SIKKIM PLACES OF PILGRIMAGE MANAGEMENT ACT, 2014
(ACT NO.4 OF 2014)
AN
ACT
to make provision for better management of the Sikkim Places of Pilgrimage and properties
appertaining thereto.
Be it enacted by the Legislature of Sikkim in the Sixty - fifth Year of the Republic of India as follows:-
Short title,
extent and
commencement
1. (1)
(2)
(3)
Definitions 2. (1)
This Act may be called the Sikkim Places of Pilgrimage Management.
It shall extend to the whole of Sikkim.
It shall come into force on such date as the State Government may,
by notification, in the Official Gazette appoint.
Inthis Act, unless there isanything repugnant the subject or context:-
(a) "Administrative Department" means the Tourism and Civil
Aviation Department.
(b) "Committee" means the said Committee or Committees
constituted under this Act;
(c) Places of Pilgrimage means and includes Thakur Sari
Temple, Gangtok, Sai Mandir, Assangthang, Mungrung
1

Committee
Constitution
of
the Committee
Shakti Sthal,Guru Rinpoche at Samdruptse,Tathagata
Tsal,Chenrezi Statue, Gyalshing,Mangkhims in Sikkim and
such other places as may be notified form time to time.
(d) "prescribed" means prescribed by rule made under this Act;
(e) "fund" means the fund as would be provided for the
management of the places of pilgrimage.
(f) "Sevak" means any person, recognized by a competent
authority as a sevak or his substitute, appointed to perform
any work or duty connected with day to day rituals and puja
and conversant with puja, rituals, nitis etc.;
(g) "Year" means the financial year.
As soon as after the commencement of this Act, the State
Government shall constitute such Committee or Committees to be
called by such nomenclature as may be notified for the management
of such places of pilgrimage as would be specified inthe notification.
(2) Notwithstanding anything in any other law for the time being inforce
or custom, usage or contract, deed or engagement, the administration
and the governance of the places of pilgrimage and its endowments
shall vest in the committee as may be constituted under the
provisions of this Act.
3. (1)
(3) It shall be a body corporate, having perpetual succession and a
common seal, and may, by the said name, sue and be sued.
(4) (1) The Committee or Committees as may be constituted under section
3 shall consists of the following members:-
(a) The Governor of the State Shall be the Chief Patron of the
Committee.
(b) the Chief Minister of the State shall be the Chairman:
Provided that where the Chief Minister is a person who
does not profess either Buddhist or Hindu religion, in such
an event, the Chairman shall be a Buddhist or Hindu Minister
inthe Council of Minister as would be nominated by the State
Government.
(c) The Minister in Charge, Tourism and Civil Aviation
Department, Government of Sikkim shall be the ex-officio
member of the Committee.
(d) The Secretary, Tourism and Civil Aviation Department shall
be the ex-officio member who will function as the Member
Secretary.
2

Terms of Office
of Members
(2) The State Government may nominate such other members not
exceeding three (3) to the Committee.
(3) No person who does not profess the Buddhist/Hindu religion shall
be eligible for membership.
(4) The appcintment or nomination of the members shall be notified in
the Official Gazette.
(5) Every member of the Committee other than the Chief Patron,
Chairman, and the ex-officio members shall hold office for a period
of 3 (three) years from the date of notification under sub-section (3)
of section 4 and shall be eligible for re-nomination.
(6) The State Government may suspend or remove any member of the
Committee on the following grounds, namely,-
(a) that he has been convicted by a Criminal Court of any offence
which in the opinion of the State Government involves moral
turpitude;
(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 unfit to be a member
of the Committee;
(e) that he has applied to be adjudged or been adjudged
insolvent;
(d) that he has been found guilty of corruption or misconduct in
the administration ofthe temple and other religious institutions
or that some other sufficient cause exists for the removal;
(e) that he has absented himself for more than three consecutive
meetings of the Committee and is unable to explain such
absence to the satisfaction of the Committee;
5. (1) No member shall be removed under this section unless he has been
given a reasonable opportunity in showing cause against his removal.
(2) The decision of the State Government under this section shall be
final and shall not be liable to be questioned in any Court of Law.
(3) If in the opinion of the State Government, the Committee is not
competent to perform or make default in performing the duties
imposed on it under this Act, or exceeds or abuse its powers, the
State Government may, after due enquiry, by notification, dissolve
3

Power of State
Government to
remove the member
of Committee
Dissolution 7.
and
supersession
the Committee and reconstitute another Committee within a period
of 6 (six) months from the date of dissolution or supersede the
Committee for such period not exceeding 6 (six) months, as the ..
State Government may deem fit.
6. (1) The State Government may suspend or remove any member of the
Committee on the following grounds, namely,-
(a) that he has been convicted by a Criminal Court of any offence
which in the opinion of the State Government involves moral
turpitude;
(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 unfit to be a member
of the Committee;
(c) that he has applied to be adjudged or been adjudged
insolvent;
(d) that he has been found guilty of corruption or misconduct in
the administration ofthe temple and other religious institutions
or that some other sufficient cause exists for the removal;
(e) that he has absented himself for more than three consecutive
meetings of the Committee and is unable to explain such
absence to the satisfaction of the Committee;
(2) No member shall be removed under this section unless he has been
given a reasonable opportunity inshowing cause against his removal.
(3) The decision of the State Government under this section shall be
final and shall not be liable to be questioned in any Court of Law.
If in the opinion of the State Government, the Committee is not
competent to perform or make default in performing the duties
imposed on it under this Act, or exceeds or abuse its powers, the
State Government may, after due enquiry, by notification, dissolve
the Committee and reconstitute another Committee within a period
of 6 (six) months from the date of dissolution or supersede the
Committee for such period not exceeding 6 (six) months, as the State
Government may deem fit.
(2) Before issuing a notification under sub-section (1), the State
Government shall communicate to the Committee the grounds on
which they propose to do so, fix reasonable time for tr.e Committee
to show cause against the proposal and consider its explanations or
(1)
objections, if any.
(3) Where a Committee is dissolved or superseded under this sections,
the State Government shall appoint a person in the active service of
4

either Buddhist or Hindu religion to perform the functions and exercise
the powers of the Committee until the constitution of another
Committee or till the expiry of the period of supersession, as the
case may be:
Casual vacancies 8. (1)
Provided that period during which the Committee remains
superseded shall not have the effect of extending the term of office
of a member beyond the period of three years as specified in sub-
section (1) of section 5.
Vacancies caused by death, resignations, removal or otherwise in
the office of the members of the Committee shall be filled in the same
manner as provided in section 4.
(2) The term of a member nominated or appointed, as the case may be,
to fill a casual vacancy shall expire on the day on which the term of
the member in whose vacancy the nomination or appointment has
been made would have expired.
(3) Nothing done by the Committee shall be invalid by reason of there
being casual vacancy.
Meeting of the
Committee
9. (1) The Committee shall maintain its office at such place as the
Committee may determine for the transaction of its business.
(2) The Committee shall meet not less than two times during a calendar
year and a period of more than six months shall not be allowed to
elapse between two successive meetings.
(3) The Chairman and in his absence his nominee shall preside over
the meeting and in the absence of both any member elected by the
members present shall preside over such meeting.
(4) No business shall be transacted at any meeting unless at least 4
(four) members are present.
(5) Questions arising at a meeting of the Committee shall be decided by
a majority of the votes of the members present there and the
Chairman or the person presiding, as the case may be, shall have
no right to vote atthe first instance, but shall have and exercise casting
vote in the case of equality of votes.
(6) The Member Secretary of the Committee shall be responsible for
the due record and maintenance of the minutes of the proceedings
duly countersigned by the Chairman or the person presiding, as the
case may be, and shall submit a copy of the said minutes to the
State Government for their information.
(7) The State Government may call upon the Committee to submit report
on any matter concerning the business of the Committee and
management of the Places of Pilgrimage and its affairs.
5

Non-compliance in this behalf will be treated as a default in
performanceofdutywithinthemeaningofsection7.
Allowance to 10. (1)
the members
of the Committee
Duties of the
Committee
It shall be within the power of the State GOVA'nment by order to
direct from time to time the payment from out of the fund to the
Chairman or the members of such allowance at such times and in
such manner as the State Government may consider reasonable
and proper.
(2) Save as otherwise provided in sub-section(1) no member of the
Committee while acting as such shall receive or be paid from out of
the fund any salary or other remuneration except such travelling or
daily allowances, if any, as may be prescribed.
(3) Members nominated shall be paid such honorarium/allowances as
may be notified.
11. Subject to the provisions of this Act and the rules made there under, it shall
be the duty of the Committee to lay down plans or policies or programme for
implementation by Executive Committee or Committees as may be
constituted from time to time and shall also supervise periodically the
implementation ofthe policies etc and may also endorse such other additional
duties or functions to the executive committee as it may deem fit and proper;
(1) to arrange for the proper performance of the pujas, shaptens,
duechens, ritis, nitis rites etc and of the day to day rituals, daily or
periodical rites of the monuments;
(2) to provide facilities for the proper performance of worship by the
pilgrims;
(3) to ensure the safe custody of the funds, valuable
relics,securities,idol,thankas and jewelleries and for the preservation
and management of the properties vested in the temple;
(4) to ensure maintenance of order and discipline and proper hygienic
conditions in the temple of proper standard of cleanliness and purity
in the offerings made therein;
(s) to ensure that funds of the specific and religious endowments are
spent according to wishes, so far as may be known, of the donors;
(6) to make provision for the payment of suitable emoluments to its
salaried staff;
(7) to prepare and implement, with the prior approval of the State
Government, any remunerative scheme for establishment of retail
shops for sale of commodities inside the complex wherein the
monuments are located or any other commercial undertaking in order
to augment the resources and income of the temple;
6

Constitution
of Executive-
Committee
(8) to take steps for resumption of any building or room situated within
the premises of the Places of Pilgrimage from any person if he has
ceased to render the service for the performance of which such
building or room was allotted to him or if his service has become
obsolete;
(9) to do all such things as may be incidental and conducive to the efficient
management of the affairs of the Places of Pilgrimage and its
endowments or to the convenience of the pilgrims.
12. (1) The Committee may constitute an Executive-Committee to aid and
advice the Committee in regard to all the matters concerning
management and affairs of the places of pilgrimage.
The composition, the term of office and the procedure for the conduct
of the business of the Executive-Committee shall be as may be
prescribed.
The Executive-Committee will arrange for the proper performance
of the pujas,shaptens,duechens and of the day to day rituals, daily
or periodical worships of the places of pilgrimage.
The function of the Executive Committee shall be:
(a) To provide facilities for the proper performance of worship
by the pilgrims;
(b) To ensure safe custody of the funds, valuable relics, securities
and jewelleries and for the preservation and management of
the properties vested in the places of pilgrimage;
(c) To ensure maintenance of order and discipline and proper
hygienic conditions in the places of pilgrimage of proper
standard of cleanliness and purity in the offerings made
therein;
(d) To ensure that funds ofthe specific and religious endowments
are spent according to the wishes, so far as may known, of
the donors;
(e) To make provision for the payment of suitable emoluments
to its salaried staff;
(f) To prepare and implement, with the prior approval ofthe State
Government, any remunerative scheme for establishment of
retail ships for sale of commodities inside the places of
pilgrimagecomplexoranyothercommercialundertakingin
order to augment the resources and income of the places of
pilgrimage;
(g) To take steps for resumption of any building or room situated
within the premises ofthe place of pilgrimage from any person
if he has ceased to render the service for the performance of
which such building or room was allotted to him or if his
service has become obsolete.
7
(2)
(3)
(4)

Alienation of
places of
Pilgrimage and
other Religious
Places properties
Removal of
encroachment at
Places of Pilgrimage
and Other Religious
Places
(h) To do all such things as may be incidental and conducive to
the efficient management of the affairs of the places of
pilgrimage and its endowments or to the convenience of the
pilgrims;
No movable property of a non-perishable nature of which the Committee is
in possession and the value of which is not less than ten thousand rupees
and nojewelleries, relics, religious objects shall be sold, pledged or otherwise
alienated without the previous approval of the State Government.
13. (1)
(2)
14. (1)
(2)
No immovable property taken possession of by the Committee shall
be put out inany form or transferred except with the previous sanction
of the State Government.
No immovable property taken possession of by the Committee shall
be put out inand form ortransferred except with the previous sanction
of the State Government.
The provisions contained in the Sikkim Public Premises (Eviction of
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 Places of Pilgrirr'clye as if it were the
property of Government within the meaning of this Act.
The Director/Administrator may, with the prior approval of the
Committee, make an application for taking upappropriate proceedings
under the said Act to the authority competent thereunder and
thereupon it shall be lawful for such authority to take action in
accordance with the provisions contained in that Act,
Limitation of 15. The Committee shall have no power to borrow money from any person
borrowing powers except with the previous sanction of the State Government.
Administration
report
Delegation
of
powers
16. (1) The Committee shall annually submit to the State Government a
report on the administration of the affairs of the places of pilgrimage
at such times as the State Government may prescribe and such
report shall be published forthwith by the Committee in the manner
prescribed.
(2) The report prepared and published under this section shall, as soon
as possible, be laid before the State Legislature.
17. The Committee may, with the prior approval of the State Government,
delegate any of its functions to the Director/Administrator or, as the case
may be, to the officer who happens to be a member of the Executive
Committee in place of a Director/Administrator.
8

Appointment of
Director!
Administrator
and Officers to
assist him
18. (1)
(2)
Powers and duties 19. (1)
of the Director!
Administrator
There shall be a Director/Administrator for the places of pilgrimage
who shall be appointed by the State Government from amongst
persons in their active service.
The State Government may also appoint one or more officers to
assist the Director/Administrator and the officers so appolntec shall,
subject to the control of the Director/Administrator, perform such
duties as he may, from time to time, assign.
(2)
The Director/Administrator shall be the Secretary of the Committee
and its Chief Executive Officer and shall subject to the control of the
Committee have powers to carry out its decision in accordance with
the provisions of this Act.
Notwithstanding anything contained in sub-section(1), the Director/
Administrator shall be responsible for the custody of all records and
properties of the Places of Pilgrimage and shall have the following
powers:-
(a) to appoint all officers and employees of the temple who
profess Buddhist/Hindu religion and should be well
conversant with rituals of puja and other rites etc.;
(b) to lease out for a period according to norms/notifications of
administrative department at a time the lands and building of
the places of pilgrimage which are ordinarily leased out;
(c) to call for tender for works or supplies and accept such
tenders as may be prescribed or notified;
(d) to order for emergency repairs;
(e) to specify, by general or special orders, such conditions and
safeguards as he deems fit subject to which any office holder
or servant shall have the right to be in possession of jewels
or other valuable belongings of the places of pilgrimage;
(f) to decide disputes relating to the collection, distribution or
appointment of offerings, fees and other receipts in cash or
in kind received from the members of the public;
(g) to decide disputes relating to rights, privileges, duties and
obligations of office holders and servants in respect of puja
and rituals and other day to day work, whether ordinary or
special in nature;
(h) to require various volunteers/sevaks and other persons to
do their legitimate duties in time;
(i) in absence of any sevaklvolunteer or his substitute or on
the failure on the part of any such person to perform his duties
to get the work done by any other person; Provided that the
exercise of the power under clauses (a), (b), (c) and (e) shall
be subject to the directions, if any, of the Committee issued
specificallyinthatbehalf.
9

Control of
sevaks/
volunteers etc.
Extraordinary
powers of the
Directorl
Administrator
Establishment
Schedule
(3) The Director/Administrator may, subject to such conditions if any,
astheCommitteemay,bygeneralorspecialorderimpose,afford
facilities on payment of fees for special service, ritual or ceremony, .
such service, ritual or ceremony not being inconsistent with the
custom and usage of the temple and he shall have power to
determine the portion, if any, of such fees which shall be paid to the
sevaks, office holders or servants of the Places of Pilgrimage.
20. All volunteers, office holders and servants attached to the Places of
Pilgrimage or in receipt of any emoluments or perquisites there-from shall,
whether such service is hereditary or not, be subject to the control of the
Director/Administrator who may, subject to the provisions of this Act and
the regulations made by the Committee in that behalf, after giving the person
concerned a reasonable opportunity of being heard,-
(a) withhold the receipt of emoluments or perquisites;
(b) impose a fine of an amount not exceeding RS.500/- (Rupees
five hundred)only;
(c) suspend; or
(d) dismiss;
any of them for breach of trust, incapacity, disobedience of
lawful orders, neglect or the willful absence from duty, disorderly
behavior or conduct derogatory to the discipline or dignity of the
Places of Pilgrimage or for any other sufficient cause.
21. The Director/Administrator may in cases of emergency direct the execution
of any work or the doing of any act which is not provided (,')1' inthe budget for
the year and immediate execution or the doing of which is in his opinion
necessary for the preservation of the properties of the temple and its
endowments or for the service or safety of the pilgrims resorting to the temple
or other religious places or for the due performance of the day to day work
therein and may direct that the expenses of executing such work or doing
the act shall be paid from the fund. The Director/Administrator shall forthwith
report to the Committee the action taken under this section and the reasons
thereof.
22. (1) After the appointment of the first Director/Administrator, he shall, as
soon as may be, prepare and submit to the Committee a schedule
setting forth the duties, designations and grades of the officers and
employees who may in his opinion, constitute the establishment of
the places of pilgrimage and embody his proposals with regard to
the salaries and allowances payable to them and such schedule
shall come into force on approval by the Committee.
(2) No change shall be effected in such schedule except with the
sanction of the Committee.
10

(3) Subject to such exceptions as the Committee may by general or
special order direct the officers and employees of the temple on the
date of the commencement of this Act shall continue as such and
the conditions of their services shall be regularized in the prescribed
manner.
Appeal against 23. (1)
the orders of the
Director!
Administrator
Budget
Any person aggrieved by any order passed by the Director/
Administrator under clause (f) and (9) of sub-section (2) of section
19 and section 20 may within 15 (fifteen) days of the date of
communication ofthe order to him prefer an appeal before the Appeal
Committee.
(2) All appeals filed under sub-section (1) shall be heard and disposed
of by the Appeal Committee as hereinafter constituted.
(3) The Appeal Committee shall consist of the members notified by the
Administrative Department from among its officials.
(4) The Appeal Committee shall, after making such enquiry as it may
deem necessary and after giving the parties concerned a reasonable
opportunity of being heard, pass such order as it deems fit.
(5) The decision ofthe majority of Appeal Committee, where the decision
is not unanimous, shall be deemed to be the decision of the Appeal
Committee:
Provided that where the Chairman of the Appeal Committee
differs from both of the other members thereof, he shall refer the
appeal along with all connected records and opinions expressed by
him and the other members to the Committee whose decision by
majority thereof in case it is not unanimous shall be final.
(6) No order made by the Director/ Administrator as referred to in sub-
section (1) hereinabove or by the Appeal Committee under this
section shall debar any person aggrieved thereby from establishing
his right, if any, in a Court of competent jurisdiction, but no Court
shall have power to stay the operation of the said order pending the
final disposal of the proceedings before such Court or of any appeal
or application arising therefrom or in relation thereto.
24. (1) The Director/Administrator shall, every year, prepare in the
prescribed manner and form a budget estimate of the receipts and
expenditure of the temple and its endowments for the following year
and place it before the Committee which may approve it without
modification or with such modification as it deems fit. After the
approval of the Committee, the budget shall be submitted to the
State Government for sanction before such date as may be fixed by
the State Government in that behalf.
11

Revised or
Supplementary
budget
Accounts
and Audit
Places of
Pilgrimage Fund
(2) Before sanctioning the budget, the State Government shall satisfy
themselvesthattheadequateprovisionhasbeenmadeinthebudget
for the maintenance of the prescribed working balance and for
meeting all the liabilities of the temple and its endowments. If the
budget as submitted to the State Government fails to make these
provisions, the State Government may modify any part of the budget
so as to ensure that such provisions are made.
(3) The decision ofthe State Government sanctioning the budget subject
to the modifications, ifany, shall be cornmunlcated to the Committee
of the year to which the budget relates and in the absence of such
communication before the end of the preceding financial year, the
budget shall be deemed to have been sanctioned in pursuance of
this section.
25. If in the course of any year, the Committee finds it necessary to modify the
figures shown in the budget with regard to its receipts or expenditure it may
submit a supplementary or revised budget to the State Government:
Provided that no alteration shall be made without the consent of the
State Government in the working balance.
The State Government shall, every year, appoint an auditor to audit
the accounts of the temple and its endowments in the prescribed
manner and fix his remuneration which shall be paid to such auditor
from the funds thereof. The auditor shall submit his report to the
Committee and send a copy of it to the State Government which
may issue such directions therein as they il-:"i! deem fit and the
Committee shall carry out such directions.
(2) The report of the auditor and the directions issued by the State
Government thereon shall be published in the prescribed manner.
26. (1)
27. (1) There shall be constituted afund for the Places of Pilgrimage as the
case may be of the name and nomenclature as may be notified by
the administrative department which shall be vested in and be
administered by the Committee and save as otherwise provided in
this Act shall consist of:-
(a) the income derived from the movable and immovable
properties of the Places of Pilgrimage;
(b) any contribution by the State Government either by way of
grant or by way of loan;
all fines and penalties imposed under this Act;
••
(c)
(d) all recoveries under this Act; and
12

(e) any other gifts or contributions made by the public, local
authorities or institutions.
(2) The said fund may be utilized for any of the purposes permitted
under the Act and for all or any of the following purposes:-
(a) maintenance (including repairs and reconstruction),
management and administration of the Places of Pilgrimage
and its properties;
(b) training of sevaks/volunteers to perform the religious worship
and ceremonies in the temple;
(c) medical relief, water supply and other sanitary arrangements
for the worshippers and the pilgrims and construction of
building for their accommodation;
(d) culture and propagation of the tenets and philosophy
associated with Places of Pilgrimage;
(e) any other work or undertaking for the purposes of the Places
of Pilgrimage authorized by the State Government, so long
as such authorization subsists; and
(f) with 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, orphanage or
similar other institutions.
Recovery of 28. All amounts due to the Places of Pilgrimage including fines, if any, imposed
Pilgrimage dues under this Act shall without prejudice to any other mode of recovery be .
recoverable as arrears of land revenue on acquisition made by the Director/
Administrator in that behalf.
Installation of
Donationl
Offering Box
29. (1) The Committee may, with the approval of the State Government,
install one or more receptacles (hereinafter referred to as donation/
offering box) at such place or places in the Places of Pilgrimage as
it may think fit for placing of offerings by the pilgrims and devotees
visiting the Places of Pilgrimage
(2) The donation/offering box shall be operated by such person and in
such manner as the State Government may, from time to time,
determine.
(3) The State Government may, from time to time, direct such portion of
the offeringsplacedin a donation/offeringboxbecreditedto the
Foundation Fund.
(4) No person shall, without being authorized by the Director/
Administrator in this behalf, go near or interfere in any manner with
any donation/offering box installed in the Places of Pilgrimage:
13

Provided that no such authorization shall be required for going
near any donation/offering box for the bonafide purpose of placing
any offering therein.
Foundation fund 30. (1) There shall be constituted a fund called "Places of Pilgrimage Fund
(hereinafter referred to as the Foundation Fund) which shall vest in
and be administered by the Foundation Fund Committee under sub-
section (5).
(2) The Foundation Fund shall consist of all donations and contributions
made by any person to the Places of Pilgrimage or in the name of
any deity installed therein other than those made for any specific
purpose and such other amounts as may be directed by the State
Government.
(3) All amounts credited to the Foundation Fund shall be invested in
long term fixed deposits with such bank or banks as the State
Government may approve and shall always be kept so invested and
no such fixed deposit shall be pledged or otherwise encumbered:
Provided that the State Government may permit such out of
the Foundation Fund as they may fix to be utilized for any purpose
of the temple as may specify.
(4) All amounts accruing by way of interest on such fixed deposits shall
be credited to and form part of Foundation Fund constituted under
this section.
(5) 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 Tourism and Civil Aviation who shall
be the Vice-Chairman;
(c) the Secretary to the Government in Tourism and Civil Aviation
Department;
(d) the Secretary to the Government in the Finance Department
or his nominee who shall not be below the rank of a Joint
Secretary;
(e) the Director/Administrator of the Places of Pilgrimage who
shall be the Member Secretary.
(6) The Foundation Fund Committee shall conduct its business in such
manner as they may determine.
(7) During the absence of the Chairman the Vice-Chairman shall act as
and perform the functions of the Chairman:
14

Bar to Suits or
proceedings
Provided that the Secretary to the Government in the Law
Department shall act as and perform the functions of the Chairman
during any period when both the offices of the Chief Minister and the
Minister, Tourism and Civil Aviation Department remains vacant.
(8) Notwithstanding anything to the contrary contained in any law,
custom, usage or agreement, no person shall be entitled to any share
out of the amount of donations or contributions to the Foundation
Fund made under sub-section (2).
31. Save as otherwise expressly provided in this Act, no suit or proceeding
shall lie in any Court against the State Government or against the Committee
or the Director/Administrator for anything done or purported to be done by
any of them under the provisions of this Act.
State Government
Power of the 32. (1)
Offences
Subject to provisions of this Act, the general superintendence of the
Places of Pilgrimage and its endowments shall vest in the State
Government which may pass any order that may be deemed
necessary for the proper maintenance or administration ofthe temple
or its endowments or inthe interest of the general public worshipping
in the Places of Pilgrimage.
(2) Subject to the provisions of this Act, the State Government may call
for and examine the records of the Director/Administrator or of the
Committee in respect of any proceedings with a view to satisfy
themselves as tothe regularity of such proceeding or the correctness,
legality or propriety of any decision or order made thereto and, if in
any case, itappears to the State Government that any such decision
or order should be modified, annulled, reversed or remitted for re-
consideration, they may pass order accordingly:
33. Provided that the State Government may stay the execution of any
such decision or order pending in exercise of their power under sub-section
(2) in respect thereof.
(1) Whenever any person having duties to perform in respect of the
daily or periodical rituals of the Places of Pilgrimage or worship of
the deity raises any claim or dispute and fails or refuses to perform
such duties, knowing or having reasons to believe that the non-
performance ofthe said duties would cause delay in the performance
of the rituals or worship or inconvenience or harassment to the
public or any section thereof entitled to worship in the temple and
willfully disobeys or fails to comply with the orders of the Director/
Administrator directing him to perform his duties without prejudice
to the results of a proper adjudication of such claim or disputes,
such person or any other person who abets such conduct shall be
15

guilty of an offence punishable on conviction with fine which may
extenduptoRs.500/-(Rupeesfivehundred)only.
(2) Whoever voluntarily causes obstruction by use of force or otherwise, .
to any person in the due performance of any puja or ritual which
such person is entitled or authorized to perform, shall, on conviction,
be punishable with imprisonment which may extend to six months
or with fine which may extend to RS.500/- (Rupees five hundred)only
or with both.
(3) Whoever not being authorized by the Committee or the Director/
Administrator interferes with the free moverner.t of visitors within the
premises of the Places of Pilgrimage or with any precautionary
measures taken for their safety or convenience shall, on conviction,
be punishable with imprisonment which may extend to three months
or with fine which may extend to RS.500/- (Rupees five hundred)only
or with both.
(4) Whoever,-
(a) not being the person entitled to perform any ritual or puja or
to make any offering to any deity installed within the premises
of the Places of Pilgrimage, perform such ritual or puja or
makes such offering; or
(b) forcibly enters into nay place within the Places of Pilgrimage
when such entrance is prohibited under any law or custom
or under any lawful order issued by the Committee or by the
Director/Administrator; or
(c) takes inside the premises of the Places of Pilgrimage any
article knowing that the taking of such article is prohibited
under any law or custom or by any ceclaration made and
published in the prescribed manner by the Committee with
due regard to the prevailing custom, public health, morality
or the religious sentiments of the public;
shall, on conviction, be punishable with imprisonment which
may extend to two months or with fine which may extend to
Rs.500/- (Rupees five hundred)only or with both.
(5) Whoever answers the call of nature at any place within the premises
of the Places of Pilgrimage other than that set apart for the purpose
or enters the Places of Pilgrimage in a state of intoxication and
conduct himself in such a manner as to cause annoyance to any
person or commits any act of indecency or uses obscene of abusive
language within the premises of the Places of Pilgrimage shall, on
conviction, be punishable with fine which may extend to Rs.500/-
(Rupeesfivehundred)only.
16

Offences to be
cognizable
Cognizance of
offences
Composition of
offences
Funds to be
credited to
Places of
Pilgrimage Fund
Regulations
Power to
make rules
34. Any police officer may arrest without warrant any person who is committing
or who is reasonably suspected to have committed any offence under this Act.
35. (1) No Court inferior to that of a Judicial Magistrate shall try any offences
under this Act.
(2) No Court shall take cognizance of any such offence without the
previous sanction of the Director/Administrator.
36. (1) The Director/Administrator may accept from any such person against
whom a reasonable suspicion exists that he has committed an
offence under this Act, a sum of money not exceeding the maximum
amount of fine which may be imposed in respect of that offence by
way of composition of the offence.
(2) On the payment of such sum of money, the suspected person, if in
custody, shall be discharged and no further proceedings shall be
taken against such person.
37. All amounts realized on account of fines upon conviction for offences under
this Act shall be credited to the temple fund.
38. The Committee may, subject to the approval of the State Government, make
regulations not inconsistent with the provisions of this Act and the rules,
made thereunder to provide for the manner in which the duties imposed on
it under this Act and it functions thereunder shall be discharged and in
particular to provide for:-
(a) conditions of service of office bearers and employees of the
temple;
(b) procedure for observance of rituals and other usages in the
Places of Pilgrimage.
(c) any other matters for which regulations are required to be
made for purpose of this Act.
The State Government may make rules to carry out the purposes of
this Act.
(2) In particular and without prejudice to the generality of foregoing
power,theyshallhavepowertomakeruleswithreferenceto,-
(a) all matters expressly required or by this Act to be prescribed;
39. (1)
(b) all manner of exercise of control by the Committee over the
actions of the Administrator;
(c) the grant of traveling or daily allowances to the members of
the Committee;
17

Committee to
be in possession
of the Places of
Pilgrimage and
its properties
Public officers to 41.
furnish copies of
or extracts from
certain documents
(d) the performance of duties by the Committee under section
11 and mode and extent of expenditure under section 27;
(e) the publication of the Administration report under section 16;
(f) the custody of records and properties;
(g) the preparation of the budget estimate for the temple;
(h) the preparation and sanction of estimates and acceptance
of tenders in respect of public works and for supplies;
(i) the custody and investments of the Places of Pilgrimage fund
by the Committee;
m the audit of the accounts of the temple and the particulars to
be mentioned inthe audit report and the manner of publication
thereof and of the directions issued under section 26;
(k) the recovery of amounts payable to auditors appointed by
the State Government; and
(I) any other matter that required for the efficient administration
of the Temple and its endowments.
40. (1) The Committee shall be entitled to take and be in possession of all
movable and immovable properties including funds, jewelleries,
records, documents and other assets belonging to the Places of
Pilgrimage.
If in obtaining such possession, the Committee or any person
authorized in this behalf by the Committee is resisted or obstructed
by anyone, it may make a requisition in the prescribed form to any
Magistrate of the first class within whose jurisdiction any such
property is situated to deliver possession to the Committee. On
receipt ofthe requisition the Magistrate shall hold a summary enquiry
into the fact of the case and if satisfied that the resistance or
obstruction was without any just cause, shall comply with the said
requisition and in exercising the powers under this section the
Magistrate shall be guided by the rules made under this Act.
(3) No suit, prosecution or other legal proceedings shall lie against the
Committee or any person acting under its ':'structions or authorized
by it for anything done in good faith under sub-section (2):
(2)
Provided that nothing contained in this section shc:" bar the
institution of a suit by any person aggrieved by an order made
thereunder from establishing his title to the said property.
All public officers having custody of any record, register, report or other
documents relating the temple or any movable or immovable property thereof
shall furnish such copies of or extracts from the same as may be required
by the Director/Administrator.
18

Acts of
Committee
and Director!
Administrator
not to be
invalidated
Director!
Administrator
etc. to be public
servants
Powers to
remove
difficulties
42. (1) No act or proceeding of the Committee or any person acting as a
member of the Committee shall be deemed to be invalid by reason
only of a defect inthe establishment or constitution of the Committee
or on the ground that any member of the Committee was not entitled
to hold or continue in such office by reason of any disqualification or
by reason of any irregularity or illegality in his appointment or by
reason of such act having been done or proceeding taken during
the period of any vacancy in the office of member of the Committee.
(2) No act or proceeding of the Director/Administrator shall be deemed
to be invalid by reason of only of a defect or irregularity in his
appointment or on the ground that he was not entitled to hold or
continue in office by reason of any disqualification.
43. The Director/Administrator and every person duly authorized by him or by
the Committee shall, while acting under any of the provisions of this Act, be
deemed to be public servant within the meaning of section 21 of the Indian
Penal Code.
44. If any difficulty arises in giving effect to the provisions of this Act, the State
Government may, as occasion may require, by order to do anything not
inconsistent with this Act or the rules made thereunder which appears to
them necessary for the purpose of removing the difficulty.
LAKCHUNG SHERPA, SSJS
L.R. CUM-SECRETARY,
LAW DEPARTMENT.
FILE NO. 16 (82)/LDn7-14

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