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.
1
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
3
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 they propose 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,chrneUornmitlee .enatns superseoeo sha. ,tot have the etfect of extending the terrn of ofiice oi a
ner''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 the
member in whose vacancy the nomination or
appointment has been made would have expired.
(2)
(3)
Casual vacancies 8. (1)
12)
4
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 inthls 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 olthe afiairs of the Siddhesvara Dham at such tlmes as the State Governmenl may prescribe andsuch 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 ofthe 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)
8
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 three years 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 and accepi 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 ol jewels 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
0in absence of any sevak or his substitute or on the.iailure on the pan of ary such person to pelorn 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...dja U'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 the Siddhesvara Dham.
All sevaks, olrice holders and servants attached
to the Siddhesvara Dham or in receipt ol any enor!.nerts o. perouisies lt-e,e,.on sna,,
whetFe' sucl- serv,ce ts ne.edtary or rot, oe
s-O.ect to the conlro' of tne Adrrin srrato. wno
may, 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 reasonatlle opportunity of being heard,_
la) !rirnho,o tr-e ,eceipl of e.nolLj-enrs or
perqutsrres;
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. the wilrf,rl absence rrom duly. djso.der,y -benav,o_, or
cond^ucl derogarory to i1e dtsciphne or dtgnry o. ihe S;odFesvara Dhar,l or to. any other Sufric;ent cause.
The^Admir st.ato. rray n cases of enqrgqnsy
uLrcuL rne execLlton Of a1y work o. l6e do,^g Oi
any acl ,rh,cr s rol o,ovrded for in the bddgei.o,
].::]-"ulund
jmmediate
execut;on or rhe oo-ing of wnrc. 's In his oo1,on necessary ior il-epreservalon of the prope.ties ol the Siodhesvara Uh€m and its endownelts or,or the service or
:9leiy ol the pitgrims resonrno ro tne
Siddhesva.a Dha.n or crner religiorrs piaces or tor tne,-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 paid Irom the.und. The Adm,qistrator shalt .orthwirh repod to rhe Com/niflee tne action la
rnrs 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..to
l*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 and
elbody 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 their services 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 the p'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. SiddhesvaraDham 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 repairsand 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 andthe 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 assuch authorization subsistsi and
(f) wiih the previous sanction of the State Government for the establishmentand 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 SiddhesvaraDham 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 Governmentmay, f rom rime to lime, dete.mine.
14
\2)
(1)
(2\
14
Foundation fi.rnd
30. (1)
t3) Tne Stale Gover^fien. may. from .:me to ttrne orrecl 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 the Aomrnistrator in this beha,t, go near or:nlertere,n any..manner with any Hundi instalred in the uioonesvara Dhami
Provided that no such authorization shajl be required for going near any Hundi ior the bonatide purpose of placing any oflering therein. There shall be constituted a fund called,, Siddhesvar Dham Foundation Fund,, (hereinafter referred to as the Foundation Fund) which shall be vest in and be administered by the FoLtndation Funo uommrttee under sub-sect;on (5). The Foundation Fund shall consist of all donations and contributions made by any person lo the Siddhesvara Dham or in rhe name of any deity installed therein other than those made for any specilic purpose and such other amounts as may be directed by the State Government. All amounts credited to the Foundation Fund sha be invested in long term lixed deposits with such bank or banks as the State Government may approve and shall always be kept so invested aod no such fixed deposit shall be ptedged or otnerwtse encumbered:
Provided that the Stale Government may
permit 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 of
Siddhesvara 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 ",,'rh imprrsonorent 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 the rnaitT.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!tlhe 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 custodyand 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)
20
(s) enalLr ry tl. tn-- iix)t .rl the case .r l(l rtrsfecl thal lhe resrstdnce or obstructron ur'aS u, iri,L)l any ,1,5t Causa, sha,,Lo,,tp! y!rth lne sd,d I t..ltJn a']o.1 e/er( SrnJ t'rL. OOvlFrs L-OAi rlL c.t 01 rrre,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 persJn aclr.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, thrs
sectron shall bar the institltjon 01 a su t by any persoc 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,o reqslar repo.t or olher docL.nents rel. J tl e S ddhesvara Dham o. any movable or i,rr -iaoteproperty
.
thereof shal lurnish such copies of or exlracls i,o.n rhe sare ds rray be,eq- rec ry ti^e Aomtnislrator
No act or proceeding of the Cornmiltee or any person acting as a member of the Conrmitte; shal,,oe dee-necj to be irvalid bi, ,eason - / ot a oelect '1 il-e establishmenr o- constitJljo .r the Uorlmrttee or on lhe groJ,to lhar any rn?moe. of. _re.Uo.1.n[lee was 1or entireo to oO or conr ^re ,t s_L" .'{tue b} ,Faso- of ar}diSOL._lificalior Or b,/ reaso,. of a1y :fteg.lrjrrry o lllega rly ir l^,s aopoinlment or by reasor , 5Ll(h
acl Favrrg been dole or pto"eedtrg tah. krrrlg
1ne penoJ o'a1y vacancy,1 tre olrce ol . ,rrbei o lne uorrm ftee
No acl or oro( eeoing o- rle Adrntntstralor sr.d j be
oee'ned lo be 1va.o oy reason ot onty ot a delect
or rflegJlalt) his appo -t.ner t or or rhc ! o,lr d ll .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
21
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(, ot section 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 ,ror rncons,sleni with this Act or tbe rules nade ihereunder wht:n appea-.s to them 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.
22
S!KKEft/I G$VER.NruXEh,lT GAZET'TE
EXTRAOBDINAHY
PUBLISHED BY AUTHOFIITY
Gangtok Thursday 1gth JulY,2012No.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 lnclaas fo lows.'
Shorl title, extent and 1.(1)
t2)
(3)
Amendmenl of 2. \1) section2
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 theword '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
23
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 Actin seclion1 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 shaI also supelViseper odicaly
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
deemfit 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 slrlctis 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 dayto day riiuals, daiy or period ca njtis of lhe lemple; (4)to provlde fac litiesforthe proper pe ormance ol worshp 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 conditlonsin 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, ollhe 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 schemefor 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'oingor roorn slruated witl'in
''"' il"
"t""'J"."f tne terple i-on' any person il ne has ceasedlo )"iio, in. ""r"" for ihe
pe'iornanceol 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
section30
(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;;"";;;;.;;;
25
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 shaI 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 Minislern 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
Amendment2.
Secilon 4-
S.G.P.G.- 295/ Gazette/ s0 CpsJ20.06.2413
THE SUBSEQUENT AMENDMENTS TO THE SIKKIM SIDDHESVARA DHAM ACT, 2011 (ACT NO.15 OF 2011) AMENDED AND UPDATED
UPTO JUNE, 2013
26