Chapter II CONSTITUTION, FUNCTIONS AND POWERS OF BOARD

(1) The State Government shall with effect from such date, as it may, by notification in the official gazette, appoint, constitute Char Dham Devasthanam Board to exercise the powers conferred on it and to perform the functions assigned to it under this Act. (2) The Board shall consist of:- (A) Official Members: (i.) The Chief Minister of State of Uttarakhand, who shall be the Chairperson of the Board and if the Chief Minister is not a Hindu, then he/she shall nominate a Senior Minister from Council of Ministers who is follower of Hindu religion and is qualified to be a member of the Board. (ii.) Minister in-charge of Culture and religious matters shall be the Vice-Chairperson. If he is not a Hindu then Chief Minister shall nominate a Senior Minister from Council of Minister who is follower Hindu Religion and is qualified to be a Member of the Board. (iii.) Chief Secretary of the Government of Uttarakhand shall be the Ex-officio member of the Board. (iv) Secretary, Department of Tourism Government of Uttarakhand shall be the Ex-officio member of the Board. (v) Secretary, Department of Culture and Religious Affairs, Government of Uttarakhand, shall be the Ex-officio member of the Board. (vi) Secretary, Department of Finance Government of Uttarakhand, shall be the Ex-officio member of the Board. (vii) Two Special Invitee from any ministry, Government of India not below the rank of Joint Secretary. (viii) CEO appointed under the Act shall be the Member Secretary. Provided that the person mentioned in sub-clauses (iii), (iv), (v) is not a Hindu, the Chief Minister shall nominate any equivalent secretary of the State Government who is a follower of Hindu religion and possesses qualifications to be appointed as a member of the Board. (B) Nominated Members (i) The Member of Royal Family of Erstwhile State of Tehri as nominated by the State Government or his/her nominee. (ii) Such member of Parliament (MP) of the State of Uttarakhand not exceeding three, who are followers of Hindu Religion nominated by the State Government. (iii) Such number of members not exceeding six to be nominated by the State Government from amongst the Member of Legislative Assembly of the State , who are followers Hindu Religion. (iv) Such number of persons not exceeding Four to be nominated by the State Government who are donors (past, present or future) having special interest in the Hindu religious matters. (v) One renowned person having wide experience in religious affairs of Hindu religion pertaining to Sanatan Dharma to be nominated by the State Government. (vi) five renowned persons to represent the priests or hereditary priests, holder of any rights of Badri-Kedar, Yamnotri-Gangotri and from religious Devasthanams mentioned in Schedule of this Act to be nominated by the State Government. (3) The Board shall be a body corporate with perpetual succession and a common seal, with powers subject to the provisions of this Act.

(1) The Board shall be the highest governing body for the purpose of Devasthanam Management under this Act with the powers to frame policies, make decisions to give effect to the provisions of this Act, budget formulation and sanction of expenditure and planning and management of Devasthanam area and modernisation of management systems. (2) The Board may give directions for safe custody, Preservation and Management of funds, valuable securities, jewelleries, properties vested in all the Religious temples mentioned in Schedule of this Act. (3) Board shall prescribe the procedure for determining and disbursement of honorarium, pay, and allowances in the rules for person or agency or institution engaged by Board for smooth functioning of the Act and shall be paid from the Char Dham Fund of the Board. (4) The Board shall recommend to the State Government any amendment related to inclusion or exclusion of any other Hindu Religious Devasthanam in the Schedule of this Act from time to time, or levy of any cess/ fees in the interest of Devasthanam Management. (5) The Board Shall decide the terms and conditions of services of any person who has been in service and is serving in connection with the affairs of the Badrinath Kedarnath Trust Committee who has been subsumed for service under this Act with the consent of the State Government. (6) The Board shall supervise, direct and control all activities that may be conducive and incidental to the efficient management of the temples or for the convenience of the pilgrims. (7) The Board shall have power to constituted committee to hear any matter or dispute regarding customary and hereditary rights and rights of Hak-Hakukdar. The power of modification-addition of any type regarding the aforesaid shall lie in the Board. (8) Appeals against the decision of CEO may be filed before the Board within 30 days.

(1) A Nominated member of the Board shall hold the office for a period of five years at a time, which may be renewed by the State Government. (2) The term of the office of a official members of the Board appointed under Subclause (ii), (iii), (iv), (v), (vi), (vii) of clause (A) of Subsection (2) of section 3 shall come to an end as soon as he/she hold the office of profit under the State Government or Central Government, as the case may be. (3) The State Government, if it thinks fit, may remove any nominated member of the Board before the expiry of his/her term of office, after giving him/her a reasonable opportunity of hearing. (4) A member of the Board other than the Chairperson or Vice-Chairperson or Ex-officio Member shall be deemed to have vacated his/her seat if he/she cease to hold their office (ie MLA, MP etc) or is absent without reason sufficient in the opinion of the Board, from three consecutive meetings of the Board. (5) A casual vacancy in the Board shall be filled by the fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the member in whose place he/she was nominated.

(1) The State Government may dismiss any nominated member of the Board covered under the Act on following grounds- (a) if he/she is insolvent, or (b) he/she is of unsound mind and stands so declared by a competent court; or (c) he/she has been convicted of any offence which involves moral turpitude; or (d) he/she has been convicted of any offence under this Act; or (e) he/she has directly or indirectly by himself/herself or through any partner have any share or interest in any firm/company carrying on the business of development, transport, contract, etc. in the affairs of the Board or Institutions under this Act; or (f) He/she has abused his/her position as member and in the opinion of the State Government or the Board as to render his/her continuance in the Board detrimental to the interests of the general public. (2) No order of removal shall be made by the State Government or the Board under this section unless the member concerned has been given reasonable opportunity to show cause against the same. (3) Notwithstanding anything contained in this Act every member of the Board shall be liable for the loss, waste or misappropriation of the Uttarakhand Char Dham Fund, if such loss, waste or misappropriation is a direct consequence of his/her wilful act. A suit for compensation may be instituted against him/her by the Board.

If a member of the Board is subject to any of the disqualification specified in section 6, his/her seat shall thereafter become vacant.

(1) The Board shall meet at least once in a year, at such place and follow such rules and procedures in regards to the transaction of the business at the meetings as the Board may decide: Provided that if in the opinion of the Chairperson any business of urgent nature is to be transacted, he/she may convene a special meeting of the Board at such times as he thinks fit for the aforesaid purpose. (2) All the meetings of the Board shall be presided by the Chairperson or , the Vice-Chairperson in his/her absence. (3) No business shall be transacted at any meeting unless at least six members other than the Chairperson or the Vice-Chairperson are present. (4) The CEO or the person performing the duties of the CEO shall be ex-officio Secretary of the Board and shall be responsible for the conduct of the business of the Board. (5) The decision of the board shall be taken on the basis of majority. The Chairman shall not vote in the first instance, but shall have and exercise a casting vote in the case of equality of votes.

(1) No act or proceeding of the Board thereof shall be called in questioned or invalidated on the ground merely of the existence of any vacancy or any defect in the constitution of the Board, as the case may be. (2) All persons discharging there functions under this Act shall be deemed to be Public servants within the meaning of Section 21 of Indian Penal Code 1860.

(1) The State Government shall constitute a High level Committee for the purpose of inter departmental cooperation for smooth conduct of Yatra/pilgrimage. (2) The State Government by notification shall appoint following officers as members of the committee: a. Chief Secretary of Government of Uttarakhand - Chairperson b. Principal Secretary/ Secretary Tourism - Member c. Principal Secretary/ Secretary Culture - Member d. Principal Secretary/ Secretary Finance - Member e. Principal Secretary/ Secretary Revenue – Member f. Principal Secretary/ Secretary Home – Member g. Principal Secretary/ Secretary Public Works Development - member h. Principal Secretary/ Secretary Urban Development - Member i. Principal Secretary/ Secretary Rural Development - Member j. Principal Secretary/ Secretary Health - Member k. Principal Secretary/ Secretary Forest - Member l. Principal Secretary/ Secretary Civil Aviation - Member m. CEO - Member/Convenor n. Divisional Commissioner Garhwal and Kumaon- Member o. And such other Principal Secretary/ Secretary ranked officer whose role is deemed important in Yatra Coordination may be nominated from time to time.