(1) Duties of the Committee
11.
(1)
(3) i2) may consider reasonable and proper Save as otherwise ptovlded in sub-secton(1) no merYrber of the Commiltee whlle ac|ng as such shal receve or be paid from out oJ the lund any salary or other remuneration except such travelling or daily allowances, if any, as may be l,4embers nominated shall be paid such honorarium/allowances as rnay be notilied.
Sublect to the provisions of this Act and the rules made there under, it shalt be the duty of the Committee,- to arrange for the proper performance of the seva, pujai and of the day to day rituals, daily or periodical nitis of the Siddhesvara Dham:
to provide facilities ior the proper performance of worship by the pilgrims:
to ensure the safe custody of the funCs, valuable securities and jewelieries and ior the preservation and management of the properties vested in the Siddhesvara Dham;
to ensure maintenance oi order and discioline ano proper hygrenic condilions ir rhe Siddhesva.a Dlam and for p.oper standaro o'c eaa,i.ess and pu'iry in lhe ofer|.gs -nade therein:
to ensure that funds ol the speciflc and religious endowments are spent according to wishes, so far as may be known, of the donors:
to make provision for the payment oi suitable emoluments to its salaried staff;
to prepare and implement, with the priot approval of the State Government, any remunerative scheme lor establishmeni of retail shops for sale of commodities inside the Siddhesvara Dham or any other commercial undedaking in order to augment ihe resources and income ot the Siddhesvara Dharn:
(7)
(8) to take steps for resumpiion of any building or
(2)
(3)
(4)
(5)
(6) 6 Constitutlon of sub- 12.
committee 'o- 5'rdlarr nl. t,e ;,e,,sF\ :, 1.6 S,Jol esvara D'aat lron dr y pe !o r rtr la, ceased to render the service for the perlormance of which such building or room was aliotted to hi.n or if his service has become obsolete, to do all such things as may be incidental and conducive to the efficient management 01 the aifairs of the Siddhesvara Dham and its endowmenis or 1o the convenience of ih-.
pilgrims.
The Committee may constitute a sub-committee to aid and advice the Commiltee in regard to all the matters concerning management and atfairs oi the Siddhesvara Dham.
The composjtion, the term oi olllce and the procedure for the conduct of the business of the sub-committee shall be as may be prescrlbed.
No movable property of a non-perishable nature oi which the Committee is in possession and the value of which s not less than ten thousand rupees and no jewelleries shall be sotd, pledged or olFe,wise atienated withoLt the orevious approval of the state Government.
No immovable propedy taken possession of by the Commitlee shall be put out in any form or kansierred except with the previous sanction oi the State Governmenl.
The provisions contained in the Sikkim public Premses (Eviction oI Unauthorised Occupants and Rent Recovery) Act, 1980 shaLl be applicable, so far as may be, in respect of unauthorised occupation of any land belonging to the Siddhesvara Dhan't as if it were the property oi Government within the meaning of this Act.
The Administrator may, with the prior approva of the Committee, make an application ior taking up approprlate proceedings under the said Act to the authority competeni there under and thereupon it shall be lawful for such authority to take acUon in accordance with the provislons contained in that 7
(1)
(s) \2) Alienation of 13. (1) Slddhesvara Dham and Other Religious Places Propedies Removal oi 14. (1) encroachment of Siddhesvara Dham and Other Religious Places t2\
(2) L m talion of borlow ng powers Adminlstraiicn report
15.
16 (1) Act, The Committee shall have no power to borro\4 ro_ey 'ror a'ry oe So_ o\ceor w ih ll - 01 , o. .
sanct on ol the State GovernTnent.
The Commlttee shall annually submlt to the State Government a report on the administration ol the afiairs of the Siddhesvara Dham at such tlmes as the State Governmenl may prescribe and such repon shall be published iodhwith by the Committee in the manner prescribed.
The repod prepared and published under ths section shall, as soon as possible, be laid belore the state Legislalure.
The Commlttee may, with ihe prior approval ol the Slate Government, delegate any of its functions to the Adrninistrator or, as the case may be, to the ofi cer who happens to be a member oi the Committee ln place of an Administrator.
There shall be an Adminlstrator for the Siddhesvara Dham who shall be appointed by the State Government from amongst persons ln their active service.
The State Government may also appoint one or rnore officers to assist tre Administrator and the officers so appojnted shatl, subject to thd control oi the Admin strator, perlorm such duties as he may, from tjme to i me, assjgn.
The Administralor shall be the Secretary of the Comrrittee and its Chief Executive Otlicer and shall subject to lhe control ot the Committee have powers to carry out its decision in accordance with the provisions of this Act:
Notwithstanding an).thlng contained in subsectlon (1), the Administrator shall be responsible for the custody of all records and properties of the Siddhesvara Dham and shall have the followlng powers:-
(a) 10 appoint all officers and employees oi the \2) Delegation of powers
17.
(1)
(1) Appointment ol Administrator and officers to assist him
18.
(2) Powers and duties oi the Administrator \2) soJ,(s\ara D,.a.r ^.c f.or(ss -l-_. ..,.g,j,.
and SfoLrO w rn fl rdts o, ;- d a1d orher rrle5 erc..
(b) to iease out for a perod not exceedino 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 oljewels or otte. valL,ao'e belongings ot the Srddhesvara Dham:
(f) to decide disputes relating to the collection, d slrib.ttiol or apootntmenl oi o.ierings, fees a,.to oih€' receiots :,'t cash or 'r kind received kom the members of the public;
(g\ lo decide otspures re,at ng to r,ghls, pr;vieges dulies and obligarions of sevans, oi{jce ho,ae,s a1d servanls in,esoecr of seva, puja and olher day t0 day wo,^. wlet.ler oroinary or Special ,- nel| nc
(h) to require various sevaks and other persons to do thelr Legitimate duties n timei 0 in absence of any sevak or his substitute or on the.iailure on the pan of ary such person 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:honsI 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 10the 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 anyenor!.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 exceedjng Rs.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, ].::]-"ul und jmmediate execut;on or rhe oo-ing ofwnrc. 's In his oo1,on necessary ior il-epreservalon of the prope.ties ol the 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 tortne,-due perforn ance of the day ro day wor(nerern and may direct thal ihe expe^ses o{€)&,tngsuch work or doing rJ^e acr snall be paidIrom the.und. The Adm,qistrator shalt .orthwirh repod to rhe Com/niflee tne action la<el unoer 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.
Siddhesvara Dham dues lnstallation of Hundi 29.
The said lund may be utilrsed {or any ol thc purposes permitted under the Act ano ior all or any of the lollowing purposes:-
(a) maintenance (including repairs and reconstruclion), management and administration ol the Siddhesvara Dham and its properties;
(b) training ot Sevaks io perform the religious worship and cerernonies in the Siddhesvara Dham:
(c) medical relief, water supply and other sanitary arranqements for the worshippers and the pilgrims and construciion of building for the r accommodation;
(d) culture and propagation of the tenets and philosophy associated with Siddhesvara Dhami
(e) any other work or undenaking for the purposes of the Siddhesvala Dham authorized by the State Government, so long as such authorization subsistsi and
(f) wiih the previous sanction of the State Government for the establishment and maintenance of or making any grant or contribution to any leper asylum, poor home, o.phanage or similar other institutiOns.
All amounts due to the Siddhesvara Dham including iines, if any, .imposed under this Act shall without prejudice to any olher mode of recovery be recoverable as arrears of land revenue on acquisition made by the Administrator in that behalf.
The Committee may, with the approval of the State Government, install one or more receptacles (hereinafter referred to as "Hundi") ai such place or places in the siddhesvara Dham as it may think fit for placing ot olferings by the pilgrims and devotees vjsiting the Siddhesvara Dham.
The Hundi shall be operated by such person and in such manner as the State Government may, f rom rime to lime, dete.mine.
14 \2)
(1) (2\ Foundation fi.rnd 30. (1) t3) Tne Stale Gover^fien. may. from .:me to 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 aodno 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 subsection (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