The Baba Baidyanath Dham - Basukinath Shrine Area Development Authority Act, 2015

1. (i) This Act may be called the Baba Baidyanath Dham – Basukinath Shrine Area Development Authority Act, 2015.
2. (ii) It shall extend to the whole Baba Baidyanath Dham Area including temple complex, Basukinath Dham temple complex, mela area of the districts of Deoghar and Dumka (Basukinath) and any other area notified by the Government of the State of Jharkhand.
3. (iii) It shall come into force on such date as the State Government may, by notification in the official gazette, appoint in this behalf.

Unless there is anything repugnant in the subject or context, in this Act - (a) "Shrine Area" means Baba Baidyanath Dham temple premises, Basukinath Dham temple premises, other areas and places where the arrival, stay, travel of pilgrims occur and such areas including fair where religious, cultural, traditional rituals and other activities are performed; (b) "Fair" means Shravani Mela which the State Government may notify to bring under management by the Baba Baidyanath Dham-Basukinath Shrine Area Development Authority Act; (c) "Authority" means the Baba Baidyanath Dham-Basukinath Shrine Area Development Authority constituted under Section 3 of this Act; (d) "Pilgrim" includes a person who undertakes a journey to a pilgrimage site, for purposes other than other purposes, to perform such rituals as are generally followed by pilgrims; (e) "Chief Minister" means the Chief Minister of the State of Jharkhand; (f) "Minister" means a member of the Council of Ministers of the State Government; (g) "Commissioner" means the Divisional Commissioner of Santhal Pargana (Dumka); (h) "Secretary" means the Principal Secretary/Secretary of any department duly appointed by the State Government; (i) "Deputy Commissioner" means the District Magistrate-cum-Deputy Commissioner duly appointed by the State Government; (j) "Superintendent of Police" means the Superintendent of Police of the district duly appointed by the State Government; (k) "Additional District Magistrate" means the officer of Indian Administrative Service/State Administrative Service who is authorized by the Government of Jharkhand to perform the duties of Additional District Magistrate under CrPC; (l) "Additional Superintendent of Police" means the officer of Indian Police Service/State Police Service who is authorized by the Government of Jharkhand to perform the duties of Additional Superintendent of Police; (m) "Sub-Divisional Officer" means the Sub-Divisional Officer for the Sub-division duly appointed by the State Government; (n) "Member of Parliament" means an elected member of the Lok Sabha who represents a particular Parliamentary Constituency; (o) "Legislator" means the elected legislator of the concerned Assembly Constituency; (p) "Prescribed" means prescribed by the Rules made under this Act; (q) "Regulations" means Regulations made by the Authority under this Act; (r) "Rules" means the Rules made by the State Government under this Act.

1. (I) For the purposes of this Act, the State Government shall constitute an authority named Baba Baidyanath Dham-Basukinath Shrine Area Development Authority, with effect from such date as the State Government may appoint by notification in the Gazette in this behalf. (II) The Authority shall consist of the following members: (a) Chief Minister - Chairperson; (b) Minister in-charge of Tourism, Art Culture, Sports and Youth Affairs Department/Ministry - Vice-Chairperson; (c) Chief Secretary - Vice-Chairperson; (d) Secretary, Planning-cum-Finance Department - Member; (e) Secretary, Home, Prison and Disaster Management Department - Member; (f) Secretary, Health Department - Member; (g) Director General of Police - Member; (h) Commissioner, Santhal Pargana - Member-cum-Chief Executive Officer; (i) Deputy Commissioner, Deoghar - Member; (j) Deputy Commissioner, Dumka - Member; (k) Deputy Inspector General of Police, Santhal Pargana - Member; (l) Mayor, Deoghar Municipal Corporation - Member; (m) Head of Basukinath Nagar Panchayat - Member; (n) Secretary, Tourism, Art Culture, Sports and Youth Affairs Department - Member Secretary; (o) Member of Parliament of Baba Baidyanath Dham temple and Basukinath temple area - Member; (p) Legislator of Baba Baidyanath Dham temple and Basukinath temple area - Member; (q) Chairman of Jharkhand Hindu Religious Trust Board or his representative - Member; (r) Head of Panda Dharma Rakshini Sabha (situated in Deoghar) and one other representative - Member; (s) Representative of any organization of Panda (priests) situated in Basukinath Dham - Member; (t) Two eminent non-governmental persons, who have interest in the development of Baba Baidyanath Dham and Basukinath Dham shrine area, shall be nominated by the State Government for three years - Member. (III) If the Chairperson or any other member mentioned in clause 3(II) or clause 21 is not of Hindu religion, the State Government may nominate any such distinguished person who follows Hindu religion, is in a post of equal status and is discharging similar type of duty, in his place. (IV) Baba Baidyanath Dham-Basukinath Shrine Area Development Authority (in short, the Authority) may, by regulations, co-opt any such person whose help and advice it wishes to take in complying with any provisions of this Act, in the manner as determined, and such co-opted person shall have the right to participate in such discussion of the Authority as is relevant to the purpose for which he has been co-opted, but he shall not be entitled to vote. (V) The Authority may, from time to time, deliberate and take initiatives on matters regarding welfare and facilities of devotees and visitors in the shrine area, in particular, including increasing resources, financial management, security and development, and revenue received from the fair, and importance of the fair and other subjects of utility, and may accordingly advise and instruct the officers of all departments related to the divisional and district level administration and fair management system. (VI) The headquarters of the Authority shall be at Deoghar (Santhal Pargana).

1. (1) The Chairperson of the Authority, in addition to presiding over the meeting of the Authority, shall exercise such powers and perform such duties as may be delegated to him by the Authority and shall exercise the powers and perform the duties as prescribed. In emergency situations, the Chairperson may take any decision in the light of the objectives of the Authority, but such decision shall be affirmed after consultation with the Authority. (2) The Vice-Chairperson of the Authority shall exercise and perform such powers and duties as may be prescribed to him or delegated to him by the Chairperson.

The State Government may remove any such member from the Authority who, in its opinion: (a) refuses to act; (b) is unable to act; (c) misuses his office in such a way that his continuance in office is harmful in the public or government interest; or (d) is otherwise unsuitable to continue as a member.

1. (I) There shall be an Additional District Magistrate notified by the Government who shall assist the Chief Executive Officer and shall work under the District Magistrate. Also, he shall perform the work of the Authority as per the instructions of the Chief Executive Officer. (II) There shall be an Additional Superintendent of Police notified by the Government who shall work under the Superintendent of Police. (III) The Government may, as it deems practical, notify the sub-division and police station for a specific period for the shrine area, if the Authority supports it for the fair period, and in addition to this, will depute an Additional Sub-Divisional Magistrate and Sub-Divisional Police Officer.

1. (I) The meeting of the Authority shall be organized at least twice a year, out of which at least one meeting must be organized three months before the organization of the Shravani Mela. (II) The Authority may hold a meeting at any time for the purpose of organizing the Shravani Mela or, if needed, it may be called at any time as per the desire of the Chairperson.

1. (I) The Authority may take decisions regarding the proper operation, development, regulation and management of the temple premises along with the shrine area, as well as matters related to the welfare, security and facilities of devotees and tourists. (II) The Authority may instruct to determine policy, recommend, manage funds, grants, external sources, government or sources to correlate revenue sources. (III) Imposition of entry and toll tax - The Authority shall provide for amenities and with the approval of the Government, the Authority shall have the power to impose entry tax and surcharge for any one period, from time to time, specified by the State Fair Authority on mechanically-propelled transport, accommodation houses and retail shops, entertainment (theater, circus etc.) programs, advertisements and such items as the Authority deems appropriate, which may be the same or different for different activities or places. Alongside this, Toll is also included for every vehicle, animal or any person entering the said area who brings goods for trade or is a seller. Simultaneously, registration fee for animals sold within this area is included. (IV) Power to provide amenities - The Authority shall provide basic facilities to tourists, pilgrims, other persons or committees, groups of persons related to the shrine area including the fair and shall also be responsible for this, and the Authority may impose a fee for these facilities. (V) The Authority may responsibly organize charitable programs for devotees, the poor, the helpless and other such people related to the shrine area. (VI) The Authority shall have the power to advise and instruct the officers of all departments associated with the development, administration and management of the shrine area along with the administrative officers of the sub-divisional and district level. (VII) The Authority may prepare a master plan for the shrine area and may formulate a policy to impose restrictions to prevent dangerous acts harmful to humans and animals along with pilgrimage-related activities. (VIII) Right to grant license - The Authority, after payment of the prescribed fee, may issue a license to any person or group of persons to run any employment, business or livelihood in the shrine area under the prescribed rules.

The Authority shall have powers to make recommendations to the State Government for bringing any new area or activities related to pilgrimage, or any such functions under its authority, considering its cultural, social and religious importance or on the basis of receipt of information in this regard from other sources.

During mela period or implementation of activities falling under the jurisdiction of Authority, Divisional, district and other field level officers and employees of all departments of the State Government as well as officers and personnels of local bodies associated with development of Shrine Area including management of mela, will act under the guidance of Authority.

The Authority shall have powers to recommend action against any officer or employee of the State Government associated with the development of Shrine area including management of mela, according to the prevailing Act and Rules made by the State Government, in this regard.

1. (1) The Authority may make rules generally for carrying out the purposes of this Act, and in particular for : i. The work distribution of employees deputed to the Authority ii. Sanitation in Shrine area, iii. Smooth conduct of Mela
2. (2) The rules made by the Authority shall be applicable after its ratification by the state government.

The State Government shall confer the power of District Magistrate defined under Cr.P.C. 1973 for Shrine area as well as other powers to CEO to regulate the Shrine Area including the mela.

The CEO shall function and discharge all the duties conferred upon him by the authority.

The CEO shall have, apart from any other function, following powers and duties: a) To take stock of Law & Order situation and make proper arrangements for requisite precautionary measures as well as deputations of magistrate & police force in consultation of DC, SP as well as DIG of the concerning Jurisdiction. b) To impose toll on any vehicle or animal entering into, or any person bringing goods for sale into such area and to impose any other fee on registration of commercial activities within Shrine area, after consulting the Authority. c) To temporarily allot any government space for various purposes directly or indirectly related to the affairs of the Shrine area, falling under Shrine area in the manner, duly discussed and passed by the authority. This shall include following activities: i. Religious societies with which the Shrine area is connected. ii. Social and other societies and organisation. iii. Officials iv. Market places v. Latrines, urinals and rubbish heaps vi. Bathing Places vii. Recreation and entertainment and viii. Any other Exhibitions and demonstration d) To liaison with Local non-governmental organizations, public representatives, government officials, local authorities and state government. e) To demolish any structure in case of an outbreak of fire in a manner so that the loss to the affected person or organization is minimum. f) To implement any penalty prescribed in the Act. g) To delegate any or such powers to the other officers, duly notified for the purpose specified, by the government for any period, in Shrine area.

Subject to the rules made under sub-section 12(i), the CEO may give appropriate directions against the outbreak or spread of fire, and particularly for the following purposes : i. Providing for the safety of buildings and structures put up in the Shrine area, and of articles brought in the shrine area. ii. Prescribing conditions subject to which huts and other structure may be constructed including limits to the height of such huts or a structure and the area on which they are to be built and distances between them. iii. Providing for the supply of sand and jars of water at each point or elsewhere, and iv. Restricting the use of fires, for cooking or for any other purpose.

The Chief Executive Officer may remove any unauthorised construction which is not in consonance with master plan of the Shrine area, and the cost of such removal may be recovered from the person making such construction, as an arrear of land revenue.

The CEO or the officers to whom this power is duly delegated by CEO, shall have powers to penalise the person as per Sec 23 of the Act.

The Additional SP shall have following powers and duties: a) To act under the guidance of SP of the district. b) To assist the CEO for any affair, which he feels expedient to be assisted, for conduct of affairs of Authority including mela. c) To implement the decisions of Authority.. d) To suggest to Authority for creation of Police sub-divisions, local police stations, in Shrine area, in consultation with District Magistrate, for the purpose of Law and Order Maintenance, whereas the regular criminal investigation affairs shall remain with the original police station. e) To coordinate with the local administration and the authority.

The Additional District magistrate has following power and duties. a) To act under the guidance of District magistrate in the Shrine area including mela area. b) To assist the CEO for any affair, which he feels expedient to be assisted. c) To implement the decisions of Authority. d) To suggest to Authority for creation of Police sub-divisions, local police stations, in Shrine area, in consultation with District Magistrate, for the purpose of Law and Order Maintenance, whereas the regular criminal investigation affairs shall remain with the original police station. e) To coordinate with the local administration and the authority.

मुÉय काय[कारȣ पदािधकारȣ (CEO) कȧ अÚय¢ता मɅ एक काय[कारȣ पǐरषद होगा जो Ĥािधकार Ʈारा िलये गये िनण[यɉ को काया[ǔÛवत एवं लागू करेगा। 1. काय[कारȣ पǐरषद िनàनिलǔखत सदèयɉ को िमलाकर गǑठत Ǒकया जायेगा:-

1. (I) ĤमÖडलीय आयुƠ, संथाल परगना, दुमका-सह-मुÉय काय[कारȣ पदािधकारȣ - अÚय¢
2. (II) पुिलस उपमहािनरȣ¢क, संथाल परगना, दुमका - सदèय
3. (III) उपायुƠ, देवघर - सदèय
4. (IV) उपायुƠ, दुमका - सदèय
5. (V) पुिलस अधी¢क, देवघर - सदèय
6. (VI) पुिलस अधी¢क, दुमका - सदèय
7. (VII) काय[पालक अिभयंता, देवघर - सदèय (भवन िनमा[ण, पथ िनमा[ण, पेयजल एवं èवÍछता, उजा[, Ēामीण अिभयंğण ǒवभाग)
8. (VIII) नगर आयुƠ, देवघर नगर िनगम - सदèय
9. (IX) मुÉय काय[कारȣ पदािधकारȣ, बासुकȧनाथ नगर पंचायत - सदèय
10. (X) िसǒवल सज[न, देवघर - सदèय 2. यǑद आवæयकता हो तो Ĥािधकार अÛय दो सदèयɉ को मनोिनत कर सकता है।

1. (I) Ĥािधकार के िनदेश एवं िनण[यɉ को लागू करवाना।
2. (II) ǒविभÛन ǒवभागɉ के बीच समÛवय èथाǒपत करना।
3. (III) तीथ[ ¢ेğ से संबंिधत ǒवषयɉ एवं समèयाओं के संबंध मɅ Ĥािधकार को परामश[ एवं Ĥèताव देना।
4. (IV) तीथ[ ¢ेğ मɅ पǐरयोजनाओं का वाèतǒवक Ǿप मɅ काया[Ûवयन कराना या Ǒकसी अÛय ǒवभाग के èवीकृत एवं काया[ǔÛवत योजनाओं को सहायता Ĥदान करना।

Any Person who- (a) Makes any unauthorised construction, or (b) Uses any unauthorized place as latrine, urinal or rubbish dump, or (c) Plies any profession, trade or calling without a licence obtained under the provisions of section 8(viii) or commits a breach of the conditions of such licence, or (d) Contravenes any of the provisions of the Act of any rules made under the Act, or (e) disobeys any order or direction in writing lawfully under this Act, shall be punishable on conviction with a fine which may extend to Rs. 1,000 and where the offence is a continuing or recurring one with a further fine which may extend to Rs. 1,000 and where the offence is again a continuing or recurring one with a further fine which may extend to Rs. 100 for every day after the date of the first conviction during which the offender is proved to have persisted in such offence. (f) Wherever a person or a company or a firm or a society or any other body is found to contravene the provision of this Act, the officer appointed/nominated by the authority (Baba Baidyanath Dham – Basukinath Shrine Area Development Authority) in this regard may charge penalty. (g) If any body fails to deposit the penalty charged either by the competent authority or by the officer nominated/appointed for this purpose by the competent authority within the stipulated time, it shall be recoverd by the competent authority under the provision incorporated for recovering in Bihar and Orissa Public demand recovery Act 1914. (h) Appeal - (i) An appeal shall lie against the order passed by the competent authority or the officer appointed/ nominated for the purpose of the act under this Act to the appellate authority who will be the Divisional Commissioner, Santhal Pargana, whose decision on appeal shall be final. (ii) The appeal must be preferred within 30 days from the date of receipt of the order the appeal. In case of appeal received after 30 days from the date of receipt of the order, if the appellate authority thinks that appeal could not be filed within the said 30 days for some specific causes or conditions (illness or some other condition in which the appeal could not be filed), the appellate authority may accept the appeal after the said 30 days period. (iii) No appeal in any condition can be accepted after 90 day from the date of receipt of the order.

I. Without prejudice to the foregoing provisions of this Act, the authority in the discharge of its functions and duties under this Act shall be bound by such directions on questions of policy as the State Government may give, in writing, to it from time to time. II. The decision of the State Government shall be final and binding upon the Authority as well as on Executive Council.

The Authority by an order in writing, may delegate to the Chairman or Vice-Chairman of the authority or CEO or any other member, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this Act as it may deem necessary

All orders and decisions of the Authority shall be authenticated by the signature of the Chairman or any other member authorized by the authority in this behalf.

No action will be taken, in respect of anything which is done or intended to be done in good faith under this Act.

If, at any time, the State Government is of the opinion- a) That on account of grave emergency, the authority is unable to discharge its function and duties imposed on it by or under the provisions of this Act; or b) That circumstances exist which render it necessary in the public interest to do; so the State Government may, by notification in the official Gazette, supersede the Authority ii. Upon publication of a notification under sub-section (1) for superseding the authority, all the members shall, as from the date of supersession vacate their offices as such; iii. All the powers, functions and duties which may, by or under the provisions of this Act, be exercised and discharged by or on behalf of the authority, shall until the authority is reconstituted under sub-section be exercised and discharged by such person or persons as the State Government may direct in this behalf. iv. On the expiration of the period of supersession specified in the notification issued under sub-section (1) the State Government may, a) extend the period of supersession as it may consider necessary; or b) Reconstitute the authority within one year from supersession.

The authority, with the previous approval of the Government, by notification in the official Gazette may make regulations consistent with this Act and the Rules, to carry out the purposes of this Act.

The Administrative Department of the Authority shall be Department of Tourism, Art Culture, Sports and Youth Affairs, Government of Jharkhand, Ranchi.

Department of Tourism, Art Culture, Sports and Youth Affairs, Government of Jharkhand, Ranchi and Office of Commissioner, Santhal Pargana shall provide ministerial support to the Authority, by recruitment/deputation, for day to day functioning of authority.

There shall be a duly constituted fund to be called Shrine area development and management Fund (SADMF) and there shall be credited. i. Any grant and loan made to the Authority by the State or Central Government. ii. All the fees and surcharge receive by the Authority under this Act. iii. All sums received by the Authority from such other sources as may be decided by the State Government. iv. The donations received as per the guidelines of the Government of India and the State Government. v. Any other donations received by the Authority from any society, body or individual for development of Shrine Area.

वसूल Ǒकया गया अिधभार और Ĥवेश शुãक अिधमानतः या Ǒकसी राƶीयकृत बɇक मɅ अलग खाता मɅ जमा Ǒकया जायेगा।

The surcharges and entry fee levied under section-8(iii) of the Act shall be collected and managed in such manner as may be determined by rules and regulations made under the Act.

I. The Shrine Area development and management fund (SADMF) shall be utilized for meeting expenses of the Authority for discharging its functions under section-8 of this Act. II. The SADMF shall be used to meet expense for fulfilment of objects and purposes, authorized by the Authority.

The Authority, shall prepare, in such form and at such time of each financial year, as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the Authority and forward the same to the Finance-cum-Planning Department of the Government of Jharkhand.

The Authority shall prepare, in such form at such time of each financial year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and submit it to the Revenue Department of the State Government.

I. Maintenance of account of the authority shall be responsibility of the secretary to the authority. II. The accounts of the fund received from the State Government shall be audited by Accountant General, Jharkhand as well as audit section of the department of finance and the audit report will be submitted to the authority. III. The annual account of the authority will be audited by any recognised charted accountant who will forward the same together with the budget to the revenue and land reforms department.