LexThe UTTARAKHAND CHAR DHAM DEVASTHANAM MANAGEMENT Act, 2019
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THE UTTARAKHAND CHAR DHAM DEVASTHANAM MANAGEMENT Act, 2019
(Uttarakhand Act NO: 06 OF, 2020)
INDEX
Sections Content
Chapter I
Preliminary
1. Short title, extent and commencement
2. Definitions
CHAPTER II
CONSTITUTION, FUNCTIONS AND POWERS OF BOARD
3 Constitution of Char Dham Devasthanam Board
4 Powers and Duties of the Board
5 Terms & Conditions of Service of Members
6 Disqualification and Liabilities of Nominated Members
7 Vacancy of Nominated Member on disqualification
8 Meetings of the Board
9 Vacancy not to affect the Constitution of the Board or Committee
CHAPTER III
CONSTITUTION OF HIGH LEVEL COMMITTEE
10 Constitution of High Level Committee for Devasthanam management and Yatra
Coordination
11 Functions and Duties of High level Committee
12 Meeting Schedule
CHAPTER IV
APPOINTMENT OF OFFICERS AND OTHER STAFF
13 Appointment of the CEO
14 Officers to assist the CEO
15 Powers and functions of the CEO
16 Office of CEO
CHAPTER V
PREPARATION AND MAINTENANCE OF REGISTERS BY RELIGIOUS
INSTITUTIONS
17 Preparation and maintenance of registers by Char Dham Devasthanam/Religious
Institutions
18 Annual verification of the Registers
CHAPTER VI
ADMINISTRATION AND MANAGEMENT OF CHAR DHAM
DEV ASTHANAMS
19 Duties of rights of Trustee and Hak Hakkukdhari etc.
20 Trustee to furnish accounts, returns etc.
21 Inspection of property and documents
22 Vesting of certain properties in the Board
23 Vesting of immovable properties of Char Dham Devasthanams covered under the Act
24 Restriction on registration of documents
25 Recovery of immovable property unlawfully alienated
26 Removal of encroachment on the land and premises belonging to Char Dham
Devasthanams
27 Power to act for protection and development of Char Dham Devasthanams
CHAPTER VII
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APPOINTMENT, ENGAGEMENT AND DISQUALIFICATIONS OF
TRUSTEES, PRIESTS, RAWAL ETC.
28 Procedure for making appointment and engagement of Priests, Rawal, Trustee etc.
and their term
29 Removal of Trustees, Priests etc.
30 Disqualifications of Trustees, Priests and Rawals etc.
31 Filling of vacancy in the office of Hereditary Priest Trustee, Rawal or Priests
CHAPTER VIII
FINANCE, CHAR DHAM FUND, MAINTENANCE OF BUDGET AND
ACCOUNTS
32 Finance, creation of Uttarakhand Char Dham Fund, Budget, Accounts and sums
recoverable as arrear of land revenue.
33 Recovery of Temple Dues
34 Installation of Hundi
35 Preparation and submission of Budget to the Board
36 Maintenance of Accounts and Auditing
CHAPTER IX
OFFENCES AND PENALTIES
37 Penalty of non compliance of the provisions of this Act by Trustee etc.
38 Penalty for wrongful withholding of property belonging to the Religious Institutions
and for establishing the duplicate of traditional idol at other place
39 Offence to non-cognizable and bailable
40 Cognizance of offence
CHAPTER X
MISCELLANEOUS
41 Protection for action taken in good faith
42 Power to remove difficulties
43 Board may receive funds and undertake the development of Devasthanams etc. other
than Hindu Devasthanams etc.
44 Amendment in Schedule
45 Act not to apply certain religious institutions
46 Power to make Rules and Regulations
47 Bar of Jurisdiction
48 Overriding effect of Act
49 Repeal and savings
THE UTTARAKHAND CHAR DHAM DEVASTHANAM MANAGEMENT ACT, 2019.
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(UTTARAKHAND BILL NO: 06 OF, 2020)
An
Act
to provide rejuvenation for Char Dham and fa mous Temples located in Uttarakhand and to manage the
Devasthanam Management Board.
Be it enacted by the Uttarakhand State Legislative Assembly in the seventieth year of the Republic of
India as follows –
CHAPTER I
PRELIMINARY
Short title, extent
& commencement
1. (1) This Act may be called the Uttarakhand Char Dham Devasthanam Management
Act, 2019.
(2) It shall apply to Char Dham and other Devasthanams/temples given at A, B, C, D
And E of Schedule annexed with this Act.
(3) It shall come into force at once.
Definitions
2. In this Act unless the context otherwise requires-
(a) “Act” means the Uttarakhand Char Dham Devasthanam Management Act,
2019;
(b) “Board” means the Char Dham Devasthanam Board constituted under section
3 of this Act;
(c) “CEO” means the Chief Executive Officer Professing Hindu Religion appointed
under sub- section (1) of Section 13 from All India Services having pay grade of
super time scale and includes officer who for the time being exercises the
powers and performs the functions of a CEO under this Act or the rules made
thereunder;
(d) “Char Dham” means Shri Badrinath Dham, Shri Kedarnath Dham and the
holy Devasthanams of Gangotri and Yamunotri in Uttarakhand,and temples
as mentioned in Schedule of the Act and such temples as notified
by State Government from time to time and it includes :-
(i) All property movable or immovable belonging to or given for worship
in, maintenance or improvement of, for the performance of any
service or charity connected therewith; and
(ii) The idols established in the temple, cloths, ornaments and other
things for decoration etc;
(e) “Chairperson” means Chairperson of the Board constituted under section 3
of the Act and in his/her absence the Vice Chairperson;
(f) “Donor” means a person or organisation who has donated such amount in
cash or kind or services which has been significant for the development
of Char Dham Devasthanams in Uttarakhand;
(g) “Uttarakhand Char Dham Fund” means a fund constituted and maintained
under Section 32 of the Act;
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(h) “Employee” means person in the permanent employment under the
Temple Committee or the Board;
(i) “Government” means State Government of Uttarakhand;
(j) “Hak-Hakukdar” means such person or particular community who is entitled to
receive something in form of Dastur in temples/Religious Devasthanams/Ritual
area mentioned in Schedule of Act according to traditional rights or prevailing
tradition for performing Pooja;
(k) “Hereditary priest” means the trustee or priest of a Char Dham
Devasthanam/any religious institution succession to whose office is regulated by
custom or devolves by any hereditary right;
(l) “Hindu Religion” means such sect of Hindus professing Sanatan Dharm
or having faith in it;
(m) “Holder of any right” means a person appointed by the Temple Committee
as per prevailing tradition and customary right at major temple or principal
Devasthanam;
(n) “Member” means member of the Board as mentioned in sub section (1) & (2)
of section 3 of the Act;
(o) “Non-hereditary priest” means a trustee or priest who is not hereditary;
(p) “Prescribed” means prescribed by regulations made by the Board with
approval of the Government under this Act;
(q) “Priest” means Priest performing Puja in the temple or of a Deity as per
the custom or usages and include “Panda”, “Purohit” or other person who
performs Puja-Archana or other rituals in a Devasthanam or in any regional
institution;
(r) “Rawal” means a person appointed in accordance with the existing customary
rights for performing Puja and other religious functions at Shr i Badrinath and Shri
Kedarnath, and includes both Rawal and Nayab Rawal;
(s) “Schedule” means the schedule appended to this Act;
(t) “Section” means Section of this Act;
(u) “Devasthanam” means a place regarded as holy because of its association
with divinity or a sacred person or relic , in form of building, place or otherwise.
(v) “Devasthanam Area” means area notified by the State Government for the
purpose of inclusion under this Act excluding area notified under the Archaeological
Survey of India;
(w) “Temple” means a place by whatsoever name known, used as a place of
public religious worship, and dedicated to, or for the benefit of , or used as
of right by, the Hindu community professing Sanatan Dharm or any section
thereof as a place of public religious worship;
(x) “Trustee” In relation to Char Dham Devasthanams, includes a person who had
been dedicated to such Devasthanam by way of any custom, usage or
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denomination or by any duly recognized hereditary contribution;
(y) “Temple Committee” means The Badrinath-Kedarnath Temple Committee
as constituted under the U.P . Act No. XVI of 1939 and as amended by U.P. Act
No. VII of 1964 or any other Committee constituted for management of temples
under Schedule; and
(z) “Yatra Coordination” means establishing coordination between various
departments of State government for assuring proper and smooth conduct of
Char Dham yatra in Uttarakhand and ensuring availability of proper facilities like
safe drinking water, hygienic sanitation facilities, travel facilities, lodging and
food facilities etc for the pilgrims.
1{(za) “Tehri royal family” means the vertical lineage of Maharaga Manvendra Shah,
the erstwhile ruler of the Tehri Garhwal State, who had signed the merger
agreement with India.”
CHAPTER II
CONSTITUTION, FUNCTIONS AND POWERS OF BOARD
Constitution of
Char Dham
Devasthanam
Board
3. (1) The State Government shall with effect from such date, as it may, by
notification in the official gazette, appoint, constitute Char Dham
Devasthanam Board to exercise the powers conferred on it and to perform
the functions assigned to it under this Act.
(2) The Board shall consist of:-
(A) Official Members:
(i.) The Chief Minister of State of Uttarakhand, who shall be the
Chairperson of the Board and if the Chief Minister is not a
Hindu, then he/she shall nominate a Senior Minister from
Council of Ministers who is follower of Hindu religion and is
qualified to be a member of the Board.
(ii.) Minister in-charge of Culture and religious matters shall be the
Vice-Chairperson. If he is not a Hindu then Chief Minister shall
nominate a Senior Minister from Council of Minister who is
follower Hindu Religion and is qualified to be a Member of the
Board.
(iii.) Chief Secretary of the Government of Uttarakhand shall be the
Ex-officio member of the Board.
(iv) Secretary, Department of Tourism Government of
Uttarakhand shall be the Ex-officio member of the Board.
----------------------------------
1- Inserted by section 2 of UK Act no 33 of 2020.
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(v) Secretary, Department of Culture and Religious Affairs,
Government of Uttarakhand, shall be the Ex-officio member of
the Board.
(vi) Secretary, Department of Finance Government of Uttarakhand,
shall be the Ex-officio member of the Board.
1{(vii) Two Special Invitee from any ministry, Government of India not
below the rank of Joint Secretary.}
(viii) CEO appointed under the Act shall be the Member Secretary.
2 { Provided that the person mentioned in sub -clauses (iii), (iv), (v)
is not a Hindu, the Chief Minister shall nominate any equivalent
secretary of the State Government who is a follower of Hindu religion
and possesses qualifications to be appointed as a member of the
Board.}
(B) Nominated Members
(i) The Member of Royal Family of Erstwhile State of Tehri as
nominated by the State Government or his/her nominee.
3{(ii) Such member of Parliament (MP) of the State of Uttarakhand not
exceeding three, who are followers of Hindu Religion nominated
by the State Government.}
4{(iii) Such number of members not exceeding six to be nominated by
the State Government from amongst the Member of Legislative
Assembly of the State , who are followers Hindu Religion.}
(iv) Such number of persons not exceeding Four to be nominated
by the State Government who are donors (past, present or
future) having special interest in the Hindu religious matters.
(v) One renowned person having wide experience in religious
affairs of Hindu religion pertaining to Sanatan Dharma
to be nominated by the State Government.
(vi) 5{five} renowned persons to represent the priests or hereditary
priests, holder of any rights of Badri-Kedar, Yamnotri-Gangotri and
from religious Devasthanams mentioned in Schedule of this Act
to be nominated by the State Government.
(3) The Board shall be a body corporate with perpetual succession and a
common seal, with powers subject to the provisions of this Act.
----------------------------------
1- Subs. by section 3(A)(i) of UK Act no 33 of 2020.
2- Inserted by section 3(A)(ii) of UK Act no 33 of 2020.
3- Subs. by section 3(B)(i) of UK Act no 33 of 2020.
4- Subs. by section 3(B)(ii) of UK Act no 33 of 2020.
5- Subs. by section 3(B)(iii) of UK Act no 33 of 2020.
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Powers and Duties
of the Board
4. (1) The Board shall be the highest governing body for the purpose of
Devasthanam Management under this Act with the powers to frame policies,
make decisions to give effect to the provisions of this Act, budget formulation
and sanction of expenditure and planning and management of Devasthanam
area and modernisation of management systems.
(2) The Board may give directions for safe custody, Preservation and
Management of funds, valuable securities, jewelleries, properties vested in all
the Religious temples mentioned in Schedule of this Act.
(3) Board shall prescribe the procedure for determining and disbursement of
honorarium, pay, and allowances in the rules for person or agency or
institution engaged by Board for smooth functioning of the Act and shall be
paid from the Char Dham Fund of the Board.
(4) The Board shall recommend to the State Government any amendment
related to inclusion or exclusion of any other Hindu Religious Devasthanam in
the Schedule of this A ct from time to time, or levy of any cess / fees in the
interest of Devasthanam Management.
(5) The Board Shall decide the terms and conditions of services of any person
who has been in service and is serving in connection with the affairs of the
Badrinath Kedarnath Trust Committee who has been s ubsumed for service
under this Act with the consent of the State Government.
(6) The Board shall supervise, direct and control all activities that may be
conducive and incidental to the efficient management of the temples or for
the convenience of the pilgrims.
(7) The Board shall have power to constituted committee to hear any matter or
dispute regarding customary and hereditary rights and rights of Hak -
Hakukdar. The power of modification -addition of any type regardin g the
aforesaid shall lie in the Board.
(8) Appeals against the decision of CEO may be filed before the Board within 30
days.
Terms & conditions
of service of
members
5. (1) A Nominated member of the Board shall hold the office for a period of five
years at a time, which may be renewed by the State Government.
(2) The term of the office of a official members of the Board appointed under
Subclause (ii), (iii), (iv), (v), (vi), (vii) of clause (A) of Subsection (2) of
section 3 shall come to an end as soon as he/she hold the office of profit
under the State Government or Central Government, as the case may be.
(3) The State Government, if it thinks fit, may remove any nominated member
of the Board before the expiry of his/her term of office, after giving him/her a
reasonable opportunity of hearing.
(4) A member of the Board other than the Chairperson or Vice-Chairperson or
Ex-officio Member shall be deemed to have vacated his/her seat if he/she
cease to hold their office (ie MLA, MP etc) or is absent without reason
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sufficient in the opinion of the Board, from three consecutive meetings of the
Board.
(5) A casual vacancy in the Board shall be filled by the fresh nomination and
the person nominated to fill the vacancy shall hold office only for the
remainder of the term for which the member in whose place he/she was
nominated.
Disqualification and
Liabilities of
Nominated
Members
6. (1) The State Government may dismiss any nominated member of the Board
covered under the Act on following grounds-
(a) if he/she is insolvent, or
(b) he/she is of unsound mind and stands so declared by a competent
court; or
(c) he/she has been convicted of any offence which involves moral turpitude;
or
(d) he/she has been convicted of any offence under this Act; or
(e) he/she has directly or indirectly by himself/herself or through any partner
have any share or interest in any firm/company carrying on the business
of development, transport, contract, etc. in the affairs of the Board or
Institutions under this Act; or
(f) He/she has abused his/her position as member and in the opinion of the
State Government or the Board as to render his/her continuance in the
Board detrimental to the interests of the general public.
(2) No order of removal shall be made by the State Government or the Board
under this section unless the member concerned has been given reasonable
opportunity to show cause against the same.
(3) Notwithstanding anything contained in this Act e very member of the Board
shall be liable for the loss, waste or misappropriation of the Uttarakhand
Char Dham Fund, i f such loss, waste or misappropriation is a direct
consequence of his/her wilful act. A suit for compensation may be instituted
against him/her by the Board.
Vacancy of
nominated member
on Disqualification
7. If a member of the Board is subject to any of the disqualification specified in
section 6, his/her seat shall thereafter become vacant.
Meetings of the
Board
8. (1) The Board shall meet at least once in a year, at such place and follow such
rules and procedures in regards to the transaction of the business at the
meetings as the Board may decide:
Provided that if in the opinion of the Chairperson any business of
urgent nature is to be transacted, he/she may convene a special meeting of
the Board at such times as he thinks fit for the aforesaid purpose.
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(2) All the meetings of the Board shall be presided by the Chairperson or , the
Vice-Chairperson in his/her absence.
(3) No business shall be transacted at any meeting unless at least six members
other than the Chairperson or the Vice-Chairperson are present.
(4) The CEO or the person performing the duties of the CEO shall be ex-officio
Secretary of the Board and shall be responsible for the conduct of the
business of the Board.
(5) 1{ The decision of the board shall be taken on the basis of majority. The
Chairman shall not vote in the first instance, but shall have and exercise a
casting vote in the case of equality of votes.}
Vacancy not to
effect the
constitution of
Board or committee
9. (1) No act or proceeding of the Board thereof shall be called in questioned or
invalidated on the ground merely of the existence of any vacancy or any
defect in the constitution of the Board, as the case may be.
(2) All persons discharging there functions under this Act shall be deemed to be
Public servants within the meaning of Section 21 of Indian Penal Code 1860.
CHAPTER III
Constitution of High Level Committee For Devasthanam Management & Yatra
Coordination
Constitution of High
level Committee for
Devasthanam
Management Yatra
Coordination
10.
(1) The State Government shall constitute a High level Committee for the
purpose of inter departmental cooperation for smooth conduct of
Yatra/pilgrimage.
(2) The State Government by notification shall appoint following officers as
members of the committee:
a. Chief Secretary of Government of Uttarakhand - Chairperson
b. Principal Secretary/ Secretary Tourism - Member
c. Principal Secretary/ Secretary Culture - Member
d. Principal Secretary/ Secretary Finance - Member
e. Principal Secretary/ Secretary Revenue – Member
f. Principal Secretary/ Secretary Home – Member
g. Principal Secretary/ Secretary Public Works Development - member
h. Principal Secretary/ Secretary Urban Development - Member
i. Principal Secretary/ Secretary Rural Development - Member
j. Principal Secretary/ Secretary Health - Member
k. Principal Secretary/ Secretary Forest - Member
l. Principal Secretary/ Secretary Civil Aviation - Member
m. CEO - Member/Convenor
n. Divisional Commissioner Garhwal and Kumaon- Member
o. And such other Principal Secretary/ Secretary ranked officer whose role
is deemed important in Yatra Coordination may be nominated from time
to time.
----------------------------------
1- Subs. by section 4 of UK Act no 33 of 2020.
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Functions and
duties of High level
Committee
11. (1) The High level Committee shall establish coordination between various
departments for execution of the decisions to be taken by Board under this
Act for smooth conduct of pilgrimage.
(2) The Committee shall exercise all such powers delegated by the Board from
time to time.
Meeting Schedule 12. (1) The High level Committee, for Yatra and Devasthanam Coordination, shall
meet at least once in six months (6 months)
CHAPTER IV
APPOINTMENT OF OFFICERS AND OTHER STAFF
Appointment of
CEO
13. (1) The State Government shall appoint a CEO to exercise the powers and
functions conferred upon, or entrusted to him/her, under this Act.
(2) A person to be appointed as the CEO shall be a serving officer in All India
Service in supertime scale and above.
(3) The State Government may from time to time appoint such other officers
and staff to assist the CEO as it may deem necessary.
(4) The conditions of service of officers appointed under sub-section (2) shall be
such as may be determined by the State Government
Officers to Assist
the CEO
14. (1) The State Government may from time to time appoint such other officers like
Additional CEO, Joint CEO , Estate Manager, Market ing Officer, Officer from
Forest Department, Finance Officer, Engineers, Public Relation Office r,
Vigilance Officer and support staff to assist the CEO as it may deem
necessary.
Powers and
Functions of the
CEO
15. (1) Subject to the other provisions of this Act, the administration of Char Dham
and associated temples mentioned in Schedule covered under the A ct, shall
be under the general supervision and control of the CEO and such
supervision and control shall include the power to pass such orders which
may be deemed necessary to ensure that such Devasthanams are properly
administered and earnings are properly credited to the Uttarakhand Char
Dham Fund and properly utilised . The CEO shall exercise the powers
conferred on him/her and perform functions entrusted to him/her or under this
Act and the rules framed thereunder.
(2) The CEO shall undertake Devasthanam area development and activities
such as boarding and lodging, medical services, hygiene sanitation facilities,
adequate means of transportation, communication facilities, modernisation of
management systems and welfare of Purohits and local stakeholders for the
benefit of the worshippers, pilgrims and tourists without any distinction
(3) The CEO shall make arrangements for the safe custody of the funds,
valuables, gold, and jewellery and for the preservation of the property ve sted
in the Deities and maintaining of proper accounts in respect thereof.
(4) The CEO shall fix the remuneration of priests, office holders, trustee etc after
approval from the Board
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(5) He/She shall be empowered to give appropriate directions to various Distr ict
functionaries such as district administration, police administration, zila
panchayat, Urban Local Bodies, and/or any other local bodies if required in
the interest of smooth conduct of yatra in the State.
(6) He/She shall do all such acts as may be incidental and conducive to the
efficient management of the temples/ Devasthanams for the convenience of
the pilgrims.
(7) The CEO shall carry out all such activities and duties as prescribed by the
Board from time to time.
Office of CEO 16. (1) The Management structure of the Office of CEO along with t he salaries,
allowances, and other remuneration of all staff shall be paid out of the
Uttarakhand Char Dham Fund, which may be supported by the State
Government through Capital and Non- Capital Grant.
CHAPTER V
PREPARATION AND MAINTENANCE OF REGISTERS BY CHAR DHAM
DEVASTHANAMS/RELIGIOUS INSTITUTIONS
Preparation and
maintenance of
registers by Char
Dham
Devasthanams/
Religious
institutions
17. (1) For each Devasthanam/ Temple covered under the Act, the CEO shall have a
register prepared and maintained, in such form and manner as may be
prescribed, showing —
(a) The origin and history of the Devasthanam, the names of the past and
present trustees and particulars as to custom or usages, if any, regarding
succession to the office of the hereditary priest or the trustee etc.
(b) Particulars of the scheme of administration and the scale of expenditure.
(c) The name of all officers/persons to which any salary, emolument or
honorarium is attached and the nature, terms and conditions of service in
each case.
(d) The money, jewels, gold, silver, precious stones, idols, sculptures,
antiques, vessels and utensils and other mova bles belonging to the
Institution with their volume and weight, details of the constituent
elements and estimated present value thereof.
(e) Particulars of immovable properties of the Institution, grants, rights, all
title deeds, survey plan, and other docum ents, circulars, orders issued
from time to time by the State Government, Temple Committee, the
Board and the CEO.
(f) Particulars of details of constituent elements, coloured photographs of
the idols and other images in or connected with the Devasthanam,
whatever intended for worship or for being carried in processions.
(g) Particulars of ancient or historical records, manuscripts, with their
contents and brief translation in Hindi language, and
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(h) Such particulars as may be required by the CEO.
(2) The above information mentioned in sub -section (1) shall also be stored in
the form of a website for viewing on the internet under a suitable name
chosen by the CEO.
Provided that each trustee, or his/her agent specially authorized by him/her
on that behalf or the priest, or person having a control over the affairs and the
activities, shall be required to submit an affidavit that the list of properties
both movable and immovable, owned by the Institutions as shown in the
register is correct and complete
(3) A copy of the register as approved by the CEO shall be made availab le to the
trustee or priest.
Annual verification
of the Registers
18. (1) The CEO, or any other officer appointed on behalf of him/her, shall scrutinize
and update the entries in the register every year, or at such intervals of times
in less than a year, as may be prescribed. The statement showing the
alteration, omissions or additions in the register shall be approved by the
CEO.
(2) A copy of the order made under sub -section (1) shall be made available to
the trustee, or priest.
CHAPTER VI
ADMINISTRATION AND MANAGEMENT OF CHAR DHAM DEVASTHANAMS
Duties and rights
of Trustee and Hak-
Hakkukdhari etc.
19. (1) The matter of Dustoor / rights prevailing presently payable to priest/ trustee/
Teerth Purohits/ Panda related Hak-Hakukdari shall remain as it is.
(2) A Trustee of Char Dham Devasthanams covered under the A ct, shall
administer his/her office as per customs and usage of institutions and lawful
directions which the CEO may give in respect thereof.
(3) The Trustee /authorised agent shall scrutinise and bring to notice of CEO any
omissions or wrongful entries in the registers prepared under section 17 or
18. Appeals against the decision of CEO taken under section 17 and 18 shall
lie to the Board.
Trustee to furnish
accounts, returns
etc.
20. The Trustee of Char Dham Devasthanams covered under the A ct, shall
furnish to the CEO such accounts, returns, reports or other information
relating to the administration of the Devasthanams/temples in his/her charge,
its funds, property or income or money connected therewith, or the
appropriations thereof as the CEO may require and at such times and in such
form as he/she may direct.
Inspection of
property and
documents
21. (1) The CEO or any other person authorised by him/her in this behalf, may with
due regard to the religious practices and usages of the Char Dham and
Devasthanams, inspect all moveable and immovable property belonging to
the Devasthanams and all records, correspondence, plans, accounts and
other documents for the purpose of satisfying himself/herself that the
provisions of this Act and the rules made there under are duly carried out and
it shall be the duty of the trustee or priest of such Devasthanams and all
officers working under him/her, his/her agent and any person having concern
Page 13
in the administration thereof to afford all such assistance and facilities as may
be necessary or reasonably required in regard to such inspection, and also to
produce any such moveable property or document for inspection, as
required.
(2) For the purpose of inspection as aforesaid the inspecting authority shall,
subject to the local practice, custom or usage may enter at any reasonable
time the premises of Char Dham Devasthanams or any place of worship
covered under the Act.
(3) Nothing in this section shall be deemed to authorise any person to enter the
premises or place referred to in sub section (2) or any part thereof unless
such person professes Hindu religion or the religion to which the premises or
place belongs.
Vesting of certain
properties in the
Board
22. All properties belonging to Char Dham Devasthanams to which this Act applies,
on the date of commencement of this Act, that are in the possession or under the
superintendence of the Government, Zila Panchayat, Zila Parishad, Municipality,
property in the Board or any other local authority or in the possession or
superintendence of any company, society, organisation, institutions or other
person or any committee, superintendent appointed by the Government , shall,
on the date on which the Board is or is deemed to have been constituted or
members are or are deemed to have been appointed under this Act stand ,
transferred to the Board and all assets vesting in the Government, local authority
or person aforesaid and all liabilities subsisting against such Movement, local
authority or person on the said date shall, 1{devolve on the Chardham and shall
be maintained by the Board}:
2{Provided that the Board may further acquire land in or around the
vicinity of the religious Devasthanam and other places as it would deem
proper for its better development, in favour of the Chardham.}
Vesting of
immovable
properties of Char
Dham
Devasthanams
covered under this
Act
23. (1) Notwithstanding anything contained in any law for the time being in force, no
transfer by exchange, sale, mortgage or in any other manner whatsoever,
and no lease of any immovable property belonging to, or given or endowed
for the purposes of Char Dham Devasthanams covered under the act shall
be made unless it is sanctioned by the CEO after approval from the Board
and any transfer made in contravention of this sub -section shall be void and
inoperative.
(2) In accordance to such sanction, the CEO may be subject to such conditions
and directions as he/she may deem necessary regarding the utilisation of the
amount raised by the transaction, the investment thereo f and in the case of a
mortgage may declare regarding discharge of the same within a reasonable
period.
(3) A copy of the order of the CEO under this section shall be communicated to
the trustee and shall be published in such manner as may be prescribed.
(4) The trustee may within three months from the date of receipt of a copy of the
order or any person having interest may, within three months from the date of
publication of the order, prefer an appeal to such authority and in the manner
as may be prescribed by the Board, who shall decide the order on merit as
the case maybe.
----------------------------------
1- Subs. by section 5(i) of UK Act no 33 of 2020.
2- Subs. by section 5(2) of UK Act no 33 of 2020.
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Restriction on
registration of
documents
24. Notwithstanding anything contained in the Registration Act, 1908 (Act No 16 of
1908) the registering authority shall not accept registration of any deed of
alienation of immovable property belonging to Char Dham Devasthanams
covered under the act unless a certified copy of the order made under section
23 sanctioning such alienation is filed along with the deed.
Recovery of
immovable property
unlawfully alienated
25. If it comes to the knowledge of the CEO that any immovable property belonging
to any Char Dham Devasthanams covered under the A ct has been alienated in
contravention of Section 23 , then he/she shall refer the matter to Board and
he/she shall initiate legal proceedings for the restoration of such property.
Removal of
encroachment on
the land and
premises belonging
to Char Dham
Devasthanams
26. (1) The provisions contained in the Uttar Pradesh Public Prem ises (Eviction of
Unauthorised Occupants) Act, 1972 (U.P. Act No. 22 of 1972) (as applicable to
the State of Uttarakhand) or any other Act containing similar provisions, in
respect of unauthorised occupation of any land or premises belonging to Char
Dham Devasthanams covered under the A ct and immovable property of Char
Dhams, shall be in application as far as may be, as if it were the property of
Government within the meaning of the Act.
(2) The CEO under the A ct mentioned above to remove the encroachment of the
land/premises shall take action in accordance with the provisions of that Act.
Power to act for
protection and
development of
Char Dham
Devasthanams
27. (1) For the purpose of protection and development of the Char Dham
Devasthanams, the Board shall recommend to the State Government to notify
such area, in the vicinity of Devasthanams as Devasthanam areas. In areas thus
notified, the Board shall be empowered to regulate proper maintenance of site
and building and levy taxes with approval of State Government.
(2) Subject to the directions given by the State Governme nt, the Board may acquire
any building or land through mutual negotiations, purchase, donation, transfer,
lease, rent or otherwise . I n addition it may also acquire any land, buildings in
accordance with the provisions of law for the time being in force.
(3) Where the CEO has the reason to believe that-
(a) Any vicinity property belonging to Temples related to Char Dham Devasthanams
covered under the A ct is in danger of being wasted, damaged or improperly
alienated by any trustee or any other person, or
(b) The trus tee or such persons threatens or intends to remove or dispose of the
property,
The CEO may make such order for the purpose of staying and preventing
the wastage, damage, alienation, sale, removal or dispensation of such property
as he may deems fit.
CHAPTER VII
APPOINTMENT, ENGAGEMENT AND DISQUALIFICATIONS OF TRUSTEES,
PRIESTS, RAWAL ETC.
Procedure for
making
28. (1) In making the appointment of Priests, Rawal, Trustee etc for the Char Dham
Devasthanams covered under the A ct, as the case may be under this Chapter,
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appointment and
engagement of
Priests, Rawal,
Trustee etc. and
their term.
the CEO with approval from the Board shall have due regard to the religious
denomination, customary and hereditary rights.
(2) The procedure for calling for applications for appointment of trustees, priests,
Rawals etc, verification of antecedents and other matters shall be such as may
be prescribed;
Removal of
Trustees, Priests,
etc
29. (1) The CEO may suspend, remove or dismiss the trustees, or a priest etc of any
Char Dham Devasthanams covered under the Act on the following grounds:-
(a) Persistent default in the submission of budgets, account reports and returns
to the Board or CEO or any other officer authorised in this behalf.
(b) Wilful disobedience of any direction or order issued, under the provisions of
this Act or Rules made there under by the CEO or the Board or the
Government, as the case may be.
(c) Any malfeasance or misfeasance, breach of trust, or neglect of duty,
misappropriation and fraudulent act, dishonest act in respect of religious
institutions, temples, or alienation of any property in contravention of this Act
or rule made there under.
(d) Any Priest, Trustee etc found under the influ ence of intoxication of liquor or
narcotic drugs or psychotropic substance in or around the temple, and
(e) For unsoundness of mind or other mental or physical defects or infirmity,
communicable disease which renders him/her unfit for discharging the
functions of a trustee or a priest etc.
Provided that no Trustee or Priest etc as the case may be, shall
be removed or dismissed by the CEO under this section, unless
he/she has been given reasonable opportunity of being heard.
(2) Any priest or trustee etc, whether hereditary or non-hereditary,, who is
suspended, removed or dismissed by the CEO under sub -section (1) may within
thirty days from the date of receipt or communication of the order of suspensi on,
removal or dismissal, file an appeal to such authority and in the manner a s may
be prescribed by the Board.
(3) A hereditary priest or trustee so suspended, removed or dismissed may be
allowed such maintenances as may be fixed by the CEO considering the
financial condition of the person and institution.
Disqualifications of
Trustees, Rawals,
Priests etc.
30. (1) A person shall be disqualified for being appointed as, and for continuing to be, a
Trustee or a Priest or Rawal , as the case may be –
(a) If he/she is a discharged insolvent;
(b) If he/she is of unsound mind and stands so declared by a High level court
under the prevailing laws ;
(c) If he/she is interested either directly or indirectly in a subsisting lease of
any property or a contract or any work being done for the institution or
endowment or is in arrears of any dues exceeding five hundred rupees
payable to such institution to which he is appointed.
(d) If he/she is appearing as a legal practitioner against the Institution
to which, he is appointed.
Page 16
(e) If he/she has been sentenced by criminal court for an offence involving
moral turpitude and such sentence has not been reversed by the first
appellate court.
(f) If he/she has acted adversely to the interest of the Institution in which he
is serving.
(g) If he/she is or has become an addict to intoxicating liquors, drugs,
narcotic and psychotropic substances.
(h) In case of non-hereditary priest or trustee or a priest or other
concerned person, if he has not completed twenty one years of age;
and
(i) If he/she ceases to profess Hindu religion
(j) In case of Rawal if he/she ceases to be leading a celibate life
or otherwise proved to be having a blemished character.
(2) If trustee who fails to take charge, within thirty days from the date of his
appointment shall cease to hold office.
Filling of vacancy in
the office of
Hereditary Priest,
Trustee, Rawal or
Priest
31. (1) When a permanent vacancy occurs in the office of the Hereditary Priest or a
trustee, as the case may be , the next in the line of succession i.e. major
descendent shall be entitled to succeed to the office and traditional rituals shall
be followed in appointment of Rawal.
(2) The Rawal and Naib Rawal of Shri Badrinath and Shri Kedarnath Temple shall
be appointed in accordance of prevalent customs.
(3) When temporary vacancy occurs in such office by reason of susp ension or
removal of hereditary priest or trustee etc. as the case may be, or by reason of
his/her ceasing to hold office under the provisions of Sections 30, the next to the
line of succession shall be appointed by the CEO or Devasthanam Board to
discharge the functions of the trustee or priest or as the case may be until
his/her disability ceases:
Provided if such appointee is minor he/she shall perform his/her
functions and duties under the supervision of such officer as the CEO may
depute in this behalf.
(4) When a permanent or temporary vacancy occurs in such an office and there is a
dispute relating to the right of succession to the office or when such vacancy
cannot be filled up immediately or when there is a dispute relating to the person
who is entitled to act as such, the CEO may appoint a person engaged in
activities related to worship in the same Devasthanam ,as he may deem fit, to
discharge the functions of the Priest or Trustee as the case may be until the
disability of the trustee or Priest etc ceases or another hereditary Priest or
trustee holds the office for such shorter term as the CEO may direct.
Explanation — In any appointment under this sub -section, the CEO shall
consider the claims of the succession of the family members of the priest
Page 17
/trustee, if any.
(5) Any person aggrieved by the order of CEO passed under this Section may
appeal to Board within thirty days from the communication of the order.
CHAPTER VIII
FINANCE, CHAR DHAM FUND AND MAINTENANCE OF
BUDGET AND ACCOUNTS
Finance, creation of
Uttarakhand Char
Dham Fund,
Budget, Accounts
and sums
recoverable as
arrear of land
revenue.
32. (1) There shall be constituted a Fund to be called ‘Uttarakhand Char Dham Fund’
which shall be vested in and be administered by the CEO on approval of the
Board and save as otherwise provided in this Act, shall consist of the following:–
a. The earning or income accrued, to Char Dham Devasthanams covered
under the A ct, by way of donations, grants, loans, recoveries, rents,
sales, lease, license fees, guptdans, cess, fees, interest from Bank
Deposits, and other income of such Devasthanams or establishments.
b. any income derived from the movable and immovable properties of the
Temple;
c. Grant in aid from the State or Central Government and amount lying in
credit of Board at the commencement of this Act.
d. Annual budget allotted to the Board by the State Government or the
Central Government.
e. Annual contribution by the religious Devasthanams etc.
f. All fines and penalties imposed under this Act;
g. Any other gifts or contributions made by the public, local authorities or
institutions.
(2) All such funds shall be deposited in the account of the Board in a nationalized
bank or other bank approved by t he Reserve Bank of India and shall be
maintained by the CEO or such officer as the Board may direct in this behalf.
All incomes of religious Devasthanams and other religious institutions shall be
credited to this fund.
(3) The CEO or any officer authorised by it in this behalf by the Board shall
maintain proper accounts of this fund and be audExcerpt shown. Open the full act in Lexace.