Chapter VII APPOINTMENT, ENGAGEMENT AND DISQUALIFICATIONS OF TRUSTEES, PRIESTS, RAWAL ETC.

(1) In making the appointment of Priests, Rawal, Trustee etc for the Char Dham Devasthanams covered under the Act, as the case may be under this Chapter, the CEO with approval from the Board shall have due regard to the religious denomination, customary and hereditary rights. (2) The procedure for calling for applications for appointment of trustees, priests, Rawals etc, verification of antecedents and other matters shall be such as may be prescribed;

(1) The CEO may suspend, remove or dismiss the trustees, or a priest etc of any Char Dham Devasthanams covered under the Act on the following grounds:- (a) Persistent default in the submission of budgets, account reports and returns to the Board or CEO or any other officer authorised in this behalf. (b) Wilful disobedience of any direction or order issued, under the provisions of this Act or Rules made there under by the CEO or the Board or the Government, as the case may be. (c) Any malfeasance or misfeasance, breach of trust, or neglect of duty, misappropriation and fraudulent act, dishonest act in respect of religious institutions, temples, or alienation of any property in contravention of this Act or rule made there under. (d) Any Priest, Trustee etc found under the influence of intoxication of liquor or narcotic drugs or psychotropic substance in or around the temple, and (e) For unsoundness of mind or other mental or physical defects or infirmity, communicable disease which renders him/her unfit for discharging the functions of a trustee or a priest etc. Provided that no Trustee or Priest etc as the case may be, shall be removed or dismissed by the CEO under this section, unless he/she has been given reasonable opportunity of being heard. (2) Any priest or trustee etc, whether hereditary or non-hereditary,, who is suspended, removed or dismissed by the CEO under sub-section (1) may within thirty days from the date of receipt or communication of the order of suspension, removal or dismissal, file an appeal to such authority and in the manner as may be prescribed by the Board. (3) A hereditary priest or trustee so suspended, removed or dismissed may be allowed such maintenances as may be fixed by the CEO considering the financial condition of the person and institution.

(1) A person shall be disqualified for being appointed as, and for continuing to be, a Trustee or a Priest or Rawal , as the case may be – (a) If he/she is a discharged insolvent; (b) If he/she is of unsound mind and stands so declared by a High level court under the prevailing laws ; (c) If he/she is interested either directly or indirectly in a subsisting lease of any property or a contract or any work being done for the institution or endowment or is in arrears of any dues exceeding Rs. 500 payable to such institution to which he is appointed. (d) If he/she is appearing as a legal practitioner against the Institution to which, he is appointed. (e) If he/she has been sentenced by criminal court for an offence involving moral turpitude and such sentence has not been reversed by the first appellate court. (f) If he/she has acted adversely to the interest of the Institution in which he is serving. (g) If he/she is or has become an addict to intoxicating liquors, drugs, narcotic and psychotropic substances. (h) In case of non-hereditary priest or trustee or a priest or other concerned person, if he has not completed twenty one years of age; and (i) If he/she ceases to profess Hindu religion (j) In case of Rawal if he/she ceases to be leading a celibate life or otherwise proved to be having a blemished character. (2) If trustee who fails to take charge, within thirty days from the date of his appointment shall cease to hold office.

(1) When a permanent vacancy occurs in the office of the Hereditary Priest or a trustee, as the case may be, the next in the line of succession i.e. major descendent shall be entitled to succeed to the office and traditional rituals shall be followed in appointment of Rawal. (2) The Rawal and Naib Rawal of Shri Badrinath and Shri Kedarnath Temple shall be appointed in accordance of prevalent customs. (3) When temporary vacancy occurs in such office by reason of suspension or removal of hereditary priest or trustee etc. as the case may be, or by reason of his/her ceasing to hold office under the provisions of Sections 30, the next to the line of succession shall be appointed by the CEO or Devasthanam Board to discharge the functions of the trustee or priest or as the case may be until his/her disability ceases: Provided if such appointee is minor he/she shall perform his/her functions and duties under the supervision of such officer as the CEO may depute in this behalf. (4) When a permanent or temporary vacancy occurs in such an office and there is a dispute relating to the right of succession to the office or when such vacancy cannot be filled up immediately or when there is a dispute relating to the person who is entitled to act as such, the CEO may appoint a person engaged in activities related to worship in the same Devasthanam ,as he may deem fit, to discharge the functions of the Priest or Trustee as the case may be until the disability of the trustee or Priest etc ceases or another hereditary Priest or trustee holds the office for such shorter term as the CEO may direct. Explanation — In any appointment under this sub-section, the CEO shall consider the claims of the succession of the family members of the priest