The Lainingthou Sanamahi Temple Act, 1976

Manipor 1- .. ·-- Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY No. Imphal, Thursday,. February . 24, ( Phalguna 5, 1898) GOVERNMENT OF MANIPUR SECRETARIAT: LAW DEPARTMENT Imphal, the 24th February, No. 2/24(16--Act/Leg. +-The following Act of the Legislature, Manipur which received assent of the Governor, on 22-2-77 is hereby published in the .!,fanipur Gazette. I. BIJOY SINGH, Deputy Secretary (Law) to the Government of Manipur, i .. , ·: i ? ;. t. :?1 '::. . THE LAININGTHOU. SANAMAID TEMPLE ACT, ( Manip?r Act of ) An Act · . .' ... · to make prorisions for. the maintenanre and better adminisrration of {hf!. temple o.fLainingthou Sanamahi at Imphal ana its endowments and for matters connected therewith. BE U enacted by the legislature of Manipur in the Twenty-seventh Year of the Republic of India as follows : - . . ,1- 0) J:hi?1 Act may be called the Lainingtbou Sanamabi femple Act, 1976. . , . .. (2).,. 1? shalt come into . force on· such date as the State Govern- ment may, by notification in the Official Gazette, appoint. Short title and com- mencement .

2. In this Act, unless the context otherwise requires, Definitions. (a) .I' "Board" means the Lainingthou Sanamahi Temple Board established and constituted under this Act ; (b) "Deputy Commissioner" means the Deputy Commissioner of Manipur Central District ; (c; "Endowment" means all property, movable or immovable, belonging to any of the deities worshipped in the Temple, or given or endowed in any name for the maintenance or improvement of the Tempie or the mode of worship, or for the .performauce of any service or charity con- nected therewith, and includes,- (i) the Temple, (ii) the idols installed therein, and (iii) the gifts of property or offering made to any of the deities worshipped therein ; (d) ''Executive Officer" means theExecutive Officer of the Temple appointed under this Act ; (e) "Member" means a member of the Lainingthou Sana- mahi Temple Boardand does not include the President ; (f) "Official Gazette:' means the Manipur Gazette ; (g) "Prescribed" means prescribed by rules made underthis Act; (h) "President" means the President Sanamahi Temple Board ; of the Lainingthou (i) "Specified endowment" means any property, endowment," or money donatedfor the performance of any particular service or any particular charity connected with the temple and any of the idols installed therein ; G) "State Government" means the State Government of Manipur; (k) "Temple" means the temple of Lainingthou Sanamahi at Imphal and includes all appurtenant structures together with all additions thereto or all alterations thereof which, may bemade from time to time after the commence- ment of this Act ; f (1) "Temple-fund" means the endowment and includes au-- sums of money received by oron. behalf of, er for tbe time being held for the benefit of, the Temple or , any deity worshipped therein ; and - (m) "Vice-President" means the Vice-President of the Lai- ningthou Sanamahi Temple Board. -,

.,,, 3. (l) .. The administration c and the governance of the Temple Administra- . and' the Temple fund shall vest in the Lainingtbou Sanamahi Temple tion of the Board constituted under this Act. Temple. · (2). The ownership of the Temple fund shallvest fa the] deity of Lainingthou Sanarnahi, and theBoard shall be en tit!edj to] its possession. 4. ( l) The Lainingthou Sanamahi Temple Board shall be constituted by the State Government consisting of a President, an Ex-officio member and nineother members including the Vice-President. (2) The State Governmentshall appoint, a.;, the Presidentjof the Board, a person whois not disqualified for any ofthe reasons specified in section 6, for a term of three years : Provided that the same person shall not be appointed conse- cutively for more than three terms. ' (3) The Deputy Commissioner shall be the ex-officio member of the Board: Provided that in case the Deputy Commissioner is not a Hindu and or a xanamahi he shall depute the Sub· Divisional Officer of 'either Imphal West or Imphal East Sub-Division or such other officer holding a gazetted class II post, under him who is a Hindu and or a Sanamahi to function on his behalf as the ex-officio member. (4) The State Government shall appoint any member of the Board as the Vice-President thereof. Constitution oftho

(1) The Board shall be a body corporate and shall have perpetual succession and a common seal and may sue or be sued in its name. (2) As soon as the Board is constituted under section 4, the State Government shall make notification thereof in the Official Gazette.

The members of the Board, other than the ex-officio member thereof, shall, subject to the provisions of sections 8, 9 and 12, hold office ordinarily for a period of three years from the date on which the constitution of the Board is notified in the Official Gazette under sub-section (2) of section 5 : Provided that the State Government may, by notification in the Official Gazette, extend the term of the members for a period not exceeding three months at a time and six months in the aggregate.

(1) The President may at any time, by writing under his hand addressed to the State Government, resign his office. (2) The Vice-President may at any time, by writing under his hand addressed to the President, resign his office without, however, giving up his membership of the Board. (3) A member, other than the ex-officio member, may at any time, by writing under his hand addressed to the President, resign his office. (4) The letter of resignation under sub-section (2) or sub-section (3) shall, as soon as it is received, be transmitted by the President to the State Government.

The State Government may at any time, suspend or remove from office the President or the Vice-President or any member, other than the ex-officio member, of the Board on any of the following grounds, namely : (a) that he has been guilty of corruption or misconduct in the administration of the endowment ; or (b) that, being a legal practitioner, he has acted or appeared on behalf of any person against the Board in any legal proceedings ; or (c) that he is or has become subject to any of the disqualifications mentioned in section 6 ; or (d) that he has absented himself from more than three consecutive meetings of the Board and fails to explain such absence to the satisfaction of the Board.

Casual vacancies in the office of the President, the Vice-President and any member of the Board shall be filled up by the State Government by appointment of persons who are not disqualified under section 6 for the remainder of the term. (b) the formation of committees, and the delegation of powers to such committees; (c) the books and accounts to be kept at the office of the Board; (d) the custody and investment of the Temple fund; (e) the collection of the daily offerings to the deities worshipped in the Temple; (f) the maintenance of order inside the Temple and regulating the entry of persons therein; and (g) the performance of functions provided in section 15. (2) No bye-law or cancellation or alteration thereof made by, the Board shall have effect until it is confirmed by the State Government. (3) Where a bye-law or cancellation or alteration thereof is submitted to the State Government for confirmation, the State Government may- (a) confirm it as a whole; or (b) confirm it with some changes; or (c) withhold the confirmation. (4) A bye-law or cancellation or alteration thereof confirmed under clause (a) or clause (b) of sub-section (3) shall be published in the Official Gazette, and shall thereafter have the force of law.

A person who holds, or has held, office as the Vice-President or any other member shall, subject to the provisions of this Act, be eligible for re-appointment to that office.

(1) If in the opinion of the State Government, the Board is not competent to perform, or persistently makes default in performing the duties imposed on it under this Act, or exceeds or abuses its powers, the State Government may, after due inquiry, by notification in the Official Gazette, dissolve or supersede the Board and direct the reconstitution of another Board in accordance with the provisions of this Act. (2) Before issuing a notification under sub-section (1), the State Government shall communicate to the Board the grounds on which it proposes to do so, fix a reasonable time for the Board to show cause against the proposal, and consider its explanations or objections, if any. (3) Whenever all the members including the President, other than the ex-officio member of the Board, have without exception failed to attend a meeting of the Board without reasonable cause, or all of them other than the ex-officio member have tendered resignation, or some of them other than the ex-officio member have failed to attend a meeting without reasonable cause while the rest have tendered resignation, the State Government shall notwithstanding the provisions contained in sub-section (1) and sub-section (2), dissolve the Board by notification in the Official Gazette and direct the reconstitution of another Board in accordance with the provisions of this Act. (4) Where the Board is dissolved or superseded under this section, the State Government shall appoint a person to perform the functions and exercise the powers, of the Board until the constitution of another Board in accordance with the provisions of this Act. (5) The State Government may fix the remuneration of the person appointed under sub-section (4), and it shall be paid from the Temple fund.

(1) The Office of the Board shall be at Imphal. (2) Every meeting of the Board shall be presided over by the President, and in his absence, by the Vice-President, and in the absence of both, by a member to be chosen by the members present. (3) The quorum for a meeting of the Board shall be five, and if at any time during a meeting of the Board there is no quorum, it shall be the duty of the President or the person acting as such, to adjourn the meeting.

The President, the Vice-President and every other member of the Board shall be entitled to receive from the Temple fund such travelling and sitting allowances as may be prescribed.

Subject to the provisions of this Act or of the rules made thereunder, the functions of the Board shall be— (a) to make arrangement for the safe custody and preservation of the Temple fund and for maintenance of accounts thereof; (b) to provide facilities for the proper performance of worship by worshippers and pilgrims; (c) to undertake for the benefit of the worshippers and pilgrims— (i) the construction of buildings for their accommodation, (ii) the construction of sanitary works, and (iii) the improvement of means of communications; (d) to make suitable arrangement for imparting religious instructions; (e) to make provision for medical relief of worshippers and pilgrims; (f) to make provision for the payment of suitable emoluments to its salaried staff; (g) to raise funds and incur expenditure for the performance of any of the functions of the Board; and (h) to do all such things as may be incidental and conducive to the efficient management, maintenance and administration of the Temple and the Temple fund and the convenience of the pilgrims: Provided that the Board shall, with the previous sanction and approval of the State Government, be competent to undertake and execute works and constructions relating to or in connection with matters defined and specified in (a) to (h) above to be financed wholly or partly by the State Government.

(1) Notwithstanding the provision of sub-section (1) of section 3, all matters connected with the seva and puja and other ceremonies of the Temple shall be under the direct control of the President and under supervision of the Board. (2) The expenditure to be incurred in such celebrations shall be provided for in the annual budget of the Temple: Provided that in exceptional circumstances when the temple fund is not adequate for the ceremonies and festivals, the State Government may extend grants-in-aid to the Board.

Any specific endowment shall be administered by the Board for the performance of the particular service or the particular charity according to the wishes of the donor of such endowment.

The Board shall have no power to borrow or lend money except with the previous sanction of the State Government.

No part of the Temple fund shall be transferred without the previous sanction of the State Government.

(1) The State Government shall, on the enforcement of this Act, appoint a person possessing the prescribed qualifications as the Executive Officer of the Temple. (2) The Executive Officer shall be the Secretary to the Board, who shall, subject to the control of the Board, have general power to carry out the provisions of this Act, the rules and the bye-laws made thereunder and the resolutions passed by the Board. (3) The Executive Officer shall perform such other duties and exercise such other powers as may be delegated to him from time to time by the Board. (4) The State Government shall fix the remuneration of Executive Officer and it shall be paid from the Temple fund.

(1) The Board shall, with the approval of the State Government, determine from time to time the number, designation, and grade of its officers and servants and their scales of pay and allowances. (2) The Board shall appoint the officers and servants of the Board. (3) The Officers and servants of the Board shall perform such duties and exercise such powers as may, from time to time, be fixed by the Executive Officer with the approval of the Board. (4) The pay and allowances of the officers and servants shall be paid from the Temple fund: Provided that the pay and allowances of the officers and servants may be paid in kind in pursuance of the customary practice followed before the merger of Manipur into the Indian Union. (5) The Board may suspend, remove, dismiss or reduce in rank or in any way punish all officers and servants of the Board other than the Executive Officer, in accordance with rules made by the State Government. (6) Any officer or servant who is aggrieved by an order passed under sub-section (5) may prefer an appeal to the State Government against such an order within sixty days of the date of service of such an order: Provided that no appeal against an order other than an order for removal or dismissal shall lie to the State Government.

(1) On the commencement of this Act, the services of the staff of the Temple existing before such commencement shall, unless otherwise provided in an order issued in that behalf by the State Government, be dispensed with. (2) After the commencement of this Act by notification under sub-section (2) of section 1 and before the constitution of the Board by notification under sub-section (2) of section 5, the State Government may appoint one or more persons to discharge all or any of the functions of the Board under this Act.

(1) The State Government shall every year appoint an auditor to audit the accounts of the Temple fund. (2) The remuneration of the auditor shall be fixed by the State Government at the time of his appointment and shall be paid from the Temple fund. (3) The auditor shall submit the audit report to the Board and send a copy of it to the State Government. (4) The State Government may issue such directions and pass such orders on the audit-report as it may deem fit, and the Board shall carry them out.

(1) The Board shall in respect of every financial year prepare or cause to be prepared an annual budget containing a statement of the estimated receipts and expenditure of the administration of the Temple for that year. (2) The Board shall consider and pass the budget with alterations, if any, at a meeting or meetings before the commencement of that year, and a copy of the budget shall be sent to the State Government as soon as it is so passed.

The Board shall annually prepare and submit to the State Government a report on the administration of the affairs of the Temple at such time as may be prescribed.

(1) The State Government may, from time to time, issue such directions to the Board as it may deem fit, and the Board shall carry them out. (2) The State Government shall have power to call for such information and accounts from the Board as may in its opinion be necessary for reasonably satisfying itself that the Temple and the Temple fund are properly managed, maintained and administered, and the Board shall, on such requisition, furnish forthwith such information and accounts to the State Government.

(1) The State Government may depute a person to inspect any movable or immovable property, records, correspondence, plans, accounts, and other documents, relating to the Temple. (2) The person deputed under this section may also inspect whether a specific endowment, if any, is administered according to the wishes of the donor of such an endowment. (3) The Board and its employees shall, for the purposes of inspection, render all facilities to the person deputed under this section.

(1) The Board may make bye-laws not inconsistent with this Act or the rules made thereunder for: (a) the procedure and conduct of business at meetings of the Board, the manner in which notice of its meetings shall be given and the manner in which proceedings of its meetings shall be recorded and published;

If in obtaining possession of any property which forms the Temple fund or part of it the Board is resisted or obstructed by any person, it may make an application to the Magistrate having jurisdiction complaining of such resistance or obstruction and such Magistrate shall, unless he is satisfied that the resistance or obstruction was occasioned by any person claiming in good faith to be in possession on his own account or by virtue of some right independent of that of the Temple, make an order that the Board be put into possession of the property. Such order shall, subject to the result of any suit which may be filed to establish the right to the possession of the property, be final.

All costs and expenses incurred by the Board in connection with any legal proceedings instituted or defended in the interest of the Temple shall be payable out of the Temple fund.

(1) This Act shall have effect notwithstanding anything to the contrary contained in any law for the time being in force or in any scheme of management framed before the commencement of this Act or in any decree, order, practice, custom or usage. (2) Section 92 of the Code of Civil Procedure, 1908 shall not apply to any suit against the Board.

(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for- (a) all matters expressly required or allowed by this Act to be provided for by rules; (b) the qualification for the Executive Officer and other officers and servants of the Board, the establishment of provident fund for them and the conditions of their service; (c) the grant of leave and travelling allowances to the Executive Officer and other officers and servants of the Board; (d) the payment of travelling allowance and sitting allowances of the President, the Vice-President and the other members of the Board; and (e) the budgets, returns, accounts, reports, and any other information to be submitted by the Board to the State Government.

Whenever any difficulty arises in giving effect to any of the provisions of this Act, the rules, bye-laws and orders made thereunder, the State Government may publish directions as may appear to it to be necessary for the purpose of removing the difficulty.