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Section 6

The Sikkim Places of Pilgrimage Management Act,2014State Act of Sikkim · Act 4 of 2014

(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 of the 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 in showing 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(3) Where a Committee is dissolved or superseded under this sections, the State Government shall appoint a person in the active service of 4 either Buddhist or Hindu religion to perform the functions and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 subsection (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

Where this provision sits

ActThe Sikkim Places of Pilgrimage Management Act,2014
Section6
JurisdictionState of Sikkim
StatusIn force as published by the source

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