Chapter III --,ADMiNISTRA. TOR AND ESTABLISHMENT

(1) The Committee may make regulations generally for the purpose of carrying into effect the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the procedure to be followed by the Committee in the conduct of their business and the performance of their duties; (b) the authentication of orders and other instruments of the Committee and the administration of the properties of the Temple; (c) the convening of meetings of the Committee and the quorum for such meetings; (d) the forms and registers to be kept by the Committee and the officers to be designated for the purpose; (e) the duties and supervision of the staff appointed for the Temple; (f) the procedure for audit and inspection of the accounts of the Temple; (g) the conditions under which the devotees are to be regulated within the Temple and the regulation of the offer of Bhog, Puja, etc., and the scale of fees to be charged therefor; (h) any other matter which is to be or may be prescribed or for which the Committee considers it necessary to make regulations. (3) The regulations made under this section shall be subject to the previous concurrence of the State Government and shall be published in the Gazette. (1) The State Government may appoint a person professing Hindu religion to be the Administrator of the Mandir and the Administrator shall by virtue of his office be the Secretary of the Committee: Provided that if a full time Administrator is not appointed, the State Government may appoint any officer of the State Government to act as the Administrator of the Mandir. (2) The Administrator shall be paid out of the revenue of the Mandir such salary, allowances or honorarium as the Commissioner may determine. (3) The Committee shall exercise its powers of administration, control and management of the Mandir through the Administrator.

(1) A person shall be disqualified for being chosen as, or for being, a member of the Committee or Administrator if he— (a) is of unsound mind and stands so declared by a competent court; (b) is an undischarged insolvent; (c) has been convicted of an offence involving moral turpitude; (d) is not a believer in the Hindu religion; (e) is a paid officer or servant of the Temple. (2) No person who does not profess the Hindu religion and who is not a believer in God and Temple worship shall be qualified to be chosen as or to be a member of the Committee. (3) The State Government may, if it is satisfied that any member of the Committee or Administrator has incurred any of the disqualifications mentioned in sub-section (1), or sub-section (2), remove such person after giving him an opportunity to be heard. (1) Appointment of all officers other than Administrator and other employees of the Mandir shall be made by the Committee. (2) The procedure for appointment of officer and other employees and the terms and conditions of service shall be such as may be prescribed by bye-laws.

(1) The State Government may dissolve or supersede the Committee if it is satisfied that the Committee has failed to perform the duties imposed on it by or under the Act, or has acted in a manner prejudicial to the interests of the Temple, or has exceeded its powers. (1) All "pujaris", "pandas", "sevaks" and servants attached to the Mandir or in receipt of any emoluments or perquisites therefrom and all licencees shall be under the control of the Administrator. (2) Subject to the provisions of this Act and the rules and bye-laws made thereunder the Administrator may, for breach of trust, incapacity, disobedience of lawful order or neglect of, or wilful absence from, duty, disorderly behaviour or conduct derogatory to the discipline or dignity of the Mandir or for any other sufficient cause inflict any of the following punishment, namely:— (i) removal from office; (ii) recovery from emoluments or perquisites of the whole or part of any pecuniary loss caused to Mandir by negligence or breach of order or disorderly behaviour or conduct. Provided that no punishment as aforesaid shall be inflicted unless the person concerned is given a reasonable opportunity of being heard. (3) In case a vacancy on account of a pujari, panda, sevak or any other person relinquishing his work or on account of his death, removal or any other reason whatsoever, the Committee shall, subject to such rules as may be made in this behalf, appoint a pujari, panda, sevak or such other persons to fill the vacancy, unless it considers that the filling of the vacancy is not necessary. (3) In case of any vacancy on account of Pujari, Panda, Sevak or any other person relinquishing his work or on account of his death, removal or any other reason whatsoever, the Committee shall, subject to such rules as may be made in this behalf, appoint a Pujari, Panda, Sevak or such other persons to fill the vacancy, unless it considers that the filling of the vacancy is not necessary.

No court inferior to that of a Judicial Magistrate of the First Class shall try any offence punishable under this Act. The Committee shall be responsible for the control, management and supervision of all movable and immovable properties of the Temple and for the safe custody of the funds, valuables and jewelry and for the preservation and management of all the properties of the Temple. The Committee shall, within six months from the end of each financial year, make up correct accounts of the receipt and expenditure in connection with the administration of the Mandir for the preceding year.

The State Government may, from time to time, issue such directions to the Committee as it may deem necessary for the proper management of the Temple and the Committee shall be bound to comply with such directions. The Committee shall cause to be maintained a true and correct account of all receipts and disbursements of the Temple in such form and manner as may be prescribed and shall get the same audited annually by an auditor appointed by the State Government. The State Government or the Commissioner shall have the power to call for such information and accounts as may in their opinion be necessary for reasonably satisfying itself/himself that the Mandir is properly maintained, the endowments thereof are properly administered and their funds are duly appropriated to the purposes for which they were founded or exist; and the Committee shall on such requisition, furnish forthwith such information and accounts to the State Government or the Commissioner, as the case may be. The State Government or the Commissioner may issue such direction to the Committee as it/he may deem fit and the Committee shall carry them out.

Save as otherwise expressly provided in this Act, no notification issued, order passed, decision made, proceedings or action taken or other things done under the provisions of this Act by the State Government or any officer of the State Government or the Committee or any member thereof or the Administrator shall be liable to be questioned in any court of law and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

(1) Any person who desires to sell flowers, "prasad", books and other literature, pictures and any other material approved by the Committee or to look after bicycles, shoes, umbrellas or other personal effects within and around the Mandir premises may apply to the Administrator for grant of a licence or renewal thereof in such manner and within such period as may be prescribed by bye-laws. (2) Every such application shall be accompanied by such fee as the Committee may, subject to the limits prescribed, specify in this behalf. (3) The Administrator may grant or renew the licence or for reasons to be recorded in writing refuse to grant or renew the licence. (4) All the licences granted or renewed under this section shall be subject to the provisions of this Act and the rules and bye-laws made thereunder.

(1) Subject to the provisions of sub-section (2), the Administrator or such other officer as may be authorised by the Committee may, for reason to be recorded in writing, suspend or cancel a licence if,— (i) the licence has been obtained through wilful misrepresentation or fraud; or (ii) if the holder of the licence or any servant or any one acting on his behalf with his express or implied permission commits a breach of any of the terms and conditions of the licence; or (iii) if the holder of the licence has become an insolvent; (iv) if the holder of the licence is convicted of any offence under this Act. (2) No licence shall be suspended or cancelled under this section unless a reasonable opportunity to show cause against such suspension or cancellation has been given to the holder of the licence.

Whosoever— (a) whose duty is to perform the rituals of the Mandir or puja archana of the deity raises any claim, or dispute and fails or refuses to perform such duties, knowing or having reasons to believe that the non-performance of the said duties would cause delay in the performance of the rituals or puja archana of the deity or harassment to the public or any section thereof entitled to worship in the Mandir or fails to comply with orders of the Administrator directing him to perform, without prejudice to the results of a regular adjudication of such doubts or disputes, such persons or any other person in name; (b) unauthorisedly performs any rituals, puja, Archana to any deity within the premises of the Mandir; or (c) voluntarily causes obstruction by use of force or otherwise to any "pujari", "panda" or "sevak" in the due performance of his duties; or (d) wilfully does any act whereby the "puja" of the Mandir is defiled; (e) unauthorisedly exhibits any "thali" or other receptacle in such manner as might reasonably induce any person to place any offering whether in cash or in kind, in such "thali" or other receptacle or solicits money in any other manner whatsoever; or (f) not being authorised by the Committee or the Administrator interferes with the movement of persons or with any regulatory measures therefor within the premises of the Mandir; (g) forcibly enters into any place within the Mandir when such entrance is prohibited under any law or custom or under any lawful Order passed by the Committee or the Administrator; or (h) takes, inside the premises of the Mandir 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 sentiment of the public; shall, without prejudice to any other action taken against him under any other provisions of this Act, on conviction be punishable with imprisonment which may extend to six months or with fine which may extend to two thousand rupees, or with both.