section 40
Committee to be in possession of the Places of Pilgrimage and its properties
The Sikkim Places of Pilgrimage Management Act, 2014(1) The Committee shall be entitled to take and be in possession of all movable and immovable properties including funds, jewelleries, records, documents and other assets belonging to the Places of Pilgrimage. (2) If in obtaining such possession, the Committee or any person authorized in this behalf by the Committee is resisted or obstructed by anyone, it may make a requisition in the prescribed form to any Magistrate of the first class within whose jurisdiction any such property is situated to deliver possession to the Committee. (3) On receipt of the requisition the Magistrate shall hold a summary enquiry into the fact of the case and if satisfied that the resistance or obstruction was without any just cause, shall comply with the said requisition and in exercising the powers under this section the Magistrate shall be guided by the rules made under this Act. (4) No suit, prosecution or other legal proceedings shall lie against the Committee or any person acting under its instructions or authorized by it for anything done in good faith under sub-section (2): Provided that nothing contained in this section shall bar the institution of a suit by any person aggrieved by an order made thereunder from establishing his title to the said property.
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