Back
THE UNITED PROVICES BADRINATH (SANITATION & IMPROVEMENT) (REPEAL) ACT, 1975
THE UNITED PROVICES BADRINATH (SANITATION & IMPROVEMENT) (REPEAL) ACT, 1975
[U.P ACT NO. X0. 33528]
XVII OF 19751
[14th AUG. 1975]
An Act to repeal the United provinces Badrinath (Sanitation an improvement) Act, 1945 and to make consequential provisions.
It is hereby enacted in the Twenty-sixth year of the Republic of India as follows:
1. Short title- This Act may be called the United Provinces Badrinath. (Sanitation an improvement) (Repeal) Act, 1975.
2. Repeal Of U.P. Act No. V of 1945 and consequential provision.- (1) The United Provinces Badrinath (Sanitation an improvement) Act, 1945, here in after referred to as the said Act, is here by repealed.
(2) With effect from the date of commencement of this Act-
(a) all powers, function and duties, under the said Act of Shri Badrinath and Shri Kedarnath Temples Committee constituted under the Uttar Pradesh Shri Badrinath and Shri Kedarnath Temples Act. 1939 (here in after called the said Committee) shall stand transferred to a nd be exercised, performed and discharge by the Notified Area Committee, Badrinath Puri (here in after called the Notified Committee);
(b) any right, privilege, obligation or liability acquired or incurred by the said Committee under or in pursuance of the provisions of the said Act shall be and be deemed to be transferred to the Notified Area Committee.
Bye-laws made under section 25 of the U.P Sri Badri Nath Temple Act, 1939 (XVI of 1939).
The Badrianth Temple (Division of Duties) Bye-laws, 1942
[See Section 25 (1) (a)]
1. (1) these bye-laws may be called “the Badrinath Temple (Division of Bye-laws, 1942.)”
(2) They shall come into force on the date of their publication in the office Gazette.
2. The division of duties between the President, members and Secretary (now Known as Mukhya Karyadhikari) shall be as follows:
President
(1) It shall be the duty f the President to see that the surplus funds of the temple are ate the close of the season, i.e., in November every year, deposited or invested in accordance with the bye-law on the subject, and contribution is made to the reserve fund as required by article 11 of the Agreement between His Excellency the Governor of the United Provinces and His Highness the Maharaja of Tehri. The account in the banks shall stand in the name of the Committee and shall be operated upon by the president.
(2) Subject to the provision of sub-section (1) of section 17 of the United Provinces Shri Badrinath Temple Ac, 1939 (XVI of 1939) (here in after referred to as “the Act”) the president shall arrange after the close of the season each year for the disposal of such gold and silver jewelleries offered at the temple as are not required for daily pooja or are not worth preservation.
(3) The president may permit construction of petty works up to the value of Rs. 1,000 in anticipation of the approval of the Committee. He shall, however, place the papers relating to the works before the Committee at he next following meeting.
(4) It shall be the duty of the president to see that the Act, the Rules, the Bye-law and the Agreement with His Hignness the Maharaja of tehri are observed by all concerned.
Secretary
(5) The Secretary (now Known as Mukhya Karyadhikari) who is the chief executive officer of the temple, shall arrange for the performance of worship at the temple and shall see that the Rawal and his assistants attend the Temple at the proper time and the pooja is done regularly and according to the usage. He shall also provide facilities to the pilgrims for the proper performance of worship by them in the temple.
(6) The Secretary (now Known as Mukhya Karyadhikari) shall maintain accounts and records of the Temples under his direct supervision shall see that the receipts and payments are correctly entered in the cash-book and that the book is properly closed at the end of each day, necessary entries being made under his signatures.
(7) No expenditure, however small, shall b incurred without the written orders of the Secretary (now Known as Mukhya Karyadhikari)
(8) It will be the primary duty of the Secretary (now Known as Mukhya Karyadhikari) to see that the funds of the endowments are spend according to the wishes, so far as known of the donors and direction of the Committee.
(9) He will also see that temple is kept neat and tidy every day and daily Bhog is prepared in a clean manner and is offered in time in a manner befitting the dignity of the temple.
(10) The Secretary (now Known as Mukhya Karyadhikari) shall personally supervise every work under taken under order of the President or the Committee.
(11) He will also arrange for proper supervision of Thali-Bhet and shall personally see that to the offering are collected and properly accounted for daily or every alternate day as may be found practicable.
(12) The Secretary (now Known as Mukhya Karyadhikari) shall have the power to sell al perishable and other petty movable properties, other than jewellery offered at the Temple, of the value of Rs. 100 or less in manner he thinks fit in value shall be disposed of in such manner as the President may direct.
(13) He shall also have the power to lease out houses, shops and other immovable properties, other than agricultural land, at the beginning of the pilgrim season after giving due publicity.
No lease shall ordinarily be given for more than three years.
(14) The Secretary (now Known as Mukhya Karyadhikari) shall be in charge of the treasury of the Temple. There shall be “double-lock” and a “single lock” room. The key of the double-lock shall be kepy by the Secretary (now Known as Mukhya Karyadhikari) and the treasurer (Khazanchi) and the single-lock room shall be in charge or the treasurer.
Members
(15) The members of Committee shall have free access to the records and other papers of the temple and shall have the right to call for and inspects any paper in the office of the Secretary (now known as Mukhay Karyadhikari) The Secretary (now Known as Mukhya Karyadhikari) shall comply with the requisition from individual members of the committee in regard to the inspection of the records.
(16) Every member of the committee shall have the right to inspect any institution included in and connected with the temple of Sri Badrinathji and to make recommendation to the Committee in regard to its administration.
Bye-lay regarding the manner in which decisions of members of the Committe may be ascertained otherwise than at the meetings.
The President may of his own accord and shall on the requisition of at least four members ascertain the opinion of members, in the following manners, if in his opinion it is not practicable to hold a meeting or the amount of expenditure is not commensurate with the importance of the matters to be considered:
(a) The President or the requistionists shall prepare a note on the matter concerned and question or which the member’s views are required.
(b) The note shall be sent to each members by registered post with an envelope addressed to the Secretary (now Known as Mukhya Karyadhikari) and bearing postage stamps of sufficient value and a notice enquiring every member to send his opinion by a certain fixed ate when shall be not less than three weeks from the date of posting of the note. In special cases this period may be reduced by the President for reasons to be recorded by him in writing.
(c) The opinion received in response to the notice shall be preserved and reported to the next following meeting.
(d) The view which is supported by the opinion of the majority of members shall be considered to be the decision of the Committee provided that least four members including the President have expressed their opinion in writing.
The Badrinath (Contact of Business at Committee’s Meetings) Bye-laws 1942
[See Section 2(1)(c)]
1 (1) These bye-laws may be called “the Badrinath Temple (Conduct of Business at Committee’s Meetings ) Bye-laws, 1942”.
(2) They shall come into for on the date of their publication in the official Gazette.
2. The President may convene an emergent meeting of the committee whenever he thinks fit and shall upon a requisition made to him in writing by not less than four members of the Committee, stating the business to be transacted, either call an emergent meeting of the Committee within a period of one month from the date of receipt of such requisition, or proceed in accordance with the bylaws framed under section (1) (b) of the Act.
3.(1) Not less than 30 days before an ordinary meeting and not less than 15 days before an emergent meeting, a notice to attend the meeting, signed by The Secretary (now Known as Mukhya Karyadhikari) or in his absence, by the Preisident, shall be sent to each member of the committee.
(2) A notice to attend a meeting shall specify every motion or proposition to be brought forward at the meeting and shall state generally any other business to be transacted thereat.
(3) Every notice to attend a meeting shall state the place, the date and the time of the meeting.
4. So far as circumstances admit, the Secretary (now Known as Mukhya Karyadhikari) shall, as soon as may be, before a meeting, circulate to members such correspondence relating to any business to be transacted at the meeting, as the President may consider desirable.
5. Any member who desires to bring forward at a meeting of the Committee any motion or proposition shall, at least 15 days before the meeting, inform The Secretary (now Known as Mukhya Karyadhikari)in writing of his intention and The Secretary (now Known as Mukhya Karyadhikari) shall so for as possible circulate supplementary agenda to the member before the meeting.
6. The President shall have the power to bring forward any motion or proposition not specified in the notice given under byelaw 3(2) above, which is so urgent that its transaction at the meeting is considered necessary by the majority of the members present.
7. Unless otherwise provided for, all questions which may come before a meeting of the Committee shall be decided by a majority of the votes of the members present and voting. In the case of equality of votes, the President of the meeting shall have a second or casting vote.
8. A matter once decided at a meeting of the committee shall not be i.e. opened until after the expiry of six months from the date of such meeting unless not less than seven members are present at the meeting at which the matter is re-opened.
The Badrinath Temple (Investment of funds) Bye-laws, 1942
[See Section 25(1)(f)]
1. (1) these by-laws may be called the Badrinath Temple (Investment of Funds Bye-laws, 1942).
(2) They shall come into force on the date of their publication in the office Gazette.
2. All money which is the property of the temple shall be logged in the temple treasury at Badrinath or Joshimath. Money may also be kept in the Post Office Saving Bank, or in any other bank approved by Government securities.
3 (1) Funds, which are not the property of the Temple, such as security deposits, contractors’ deposits and other deposits that bear interest, shall be invested in Government securities or kept in Post Office Savings Bank or in any other bank approved by Government. All such deposits shall be made with the knowledge and at the risk of the depositors, contractors or servants of the Temple concerned.
(2) All orders and cheques against such funds shall b deigned by the Secretary (now known as Mukhya Karyadhikari).
4. The Secretary (now known as Mukhya Karyadhikari) shall discharge all such duties as may be cast upon him by the Act, Rules or the bye-laws and will carry out such instruction and directions as may be giver to him from time to by the President or the committee.
The Badrinath Temple (Time and Place of Committee’s Meetings) Bye-laws, 1942
[See Section 25(1)(h)]
1. (1) these bye-laws may be called “The Badrinath Temple (Time and Place of Committee’s Meetings) Bye-laws, 1942”.
(2) They shall come into force on the date of their publication in the office Gazette.
2. The Committee shall meet for the transaction of business at least twice every year.
3. The meetings shall be held at Badrinath or such other place or places as may from time to time be fixed by the Committee with due regard to the convenience of its members.
The Badrinath Temple (preservation of order and conduct of proceedings at Committee’s meetings) Bye-laws, 1942
[See Section 22(1)(j)]
1. (1) These bye-laws may be called “The Badrinath Temple (preservation of order and conduct of proceedings sat Committee’s meetings) Bye-laws, 1942”
(2) They shall come into force on the date of their publication in the official Gazette.
2. For the purpose of these by-laws the expression “President” shall include any members of the Committee elected to preside at a meeting there of in the absence of the President of the Committee.
3. The President shall maintain order at the meetings. Where, at a meeting of the Committee any member or other person refuses to comply with any direction of the President ruling any business, discussion or matter out of order or otherwise regulating the conduct of members or of business or where any member or person wilfully disturbs the meeting President may require the member of person to withdraw from the meeting and in the event of his not doing so may employ against him such force as is necessary or as in good faith he believes to be necessary for the purpose of removing and excluding him from the meeting.
4. Now new motion shall be put before the Committee until the one under consideration has been dealt with and settled.
5. Every motion or amendment shall be presented, or taken sown in writing.
6. The President may require that any motion or amendment proposed shall be seconded before it is discussed.
7. In proposing or discussing any question each member shall address the President.
8. When a member is speaking he shall not be interrupted except by a member on a point of order.
The President shall decide such point or order.
9. Any member may submit a point of order to the President, but there shall be no discussion on any such point, unless the President thinks fit to ask members present for their opinion there on.
10. Every member of the Committee shall have the right of interpellation which may be exercised subject to the following conditions and or restriction:
(1) Every member who desires to put any question concerning the affairs of the Committee shall send his question or questions in writing to the Secretary (now known as Mukhya Karyadhikari) of the Committee at least 15 days before the next meeting of the Committee.
(2) Questions must not be argumentative or hypothetical or defamatory of any person or section of community.
(3) The President may disallow any question which does not conform to clause above and in any such case the question shall not be entered in the minutes
(4) The questions and the answers there to shall form part of the proceeding of the meetings.
(5) The member putting the question may withdraw the same at any time before the answer is read at the meeting.
(6) If the member who has giver due notice of any question has not withdrawn the question before the meeting is held but is not present at the meeting the President may allow the question to be put by any other member present, and answer to the same to be read.
The Badrinath Temple (Publication and Record of Proceedings) Bye-laws, 1942
[See Section 25(1)(k)]
1. (1) These bye-laws may be called “The Badrinath Temple ( Time and Place of Committee’s Meetings) Bye-laws, 1942”
(2) They shall come into force on the date of their notification in the official Gazette.
2. The Secretary (now known as Mukhya Karyadhikari) shall maintain a book to be called the minute book in which the names of the members present the proceedings held and the resolutions passed at each meeting of the committee shall be entered, together with the numbers of voting for and against any proposal and the note if dissent, if any, of any member, if as desired by him.
3. The minutes shall be read out at the end of a meeting or at the commencement of the next following meeting, and after they have been passed as correct by such of the members (or a majority or them) present as were also present at the proceedings recorded in the minutes shall be certified as passed by the signatures of the meeting. The accuracy of the minutes when read out under this rule may be questioned by any member present at the time when the minutes are read out, but no member shall be entitled to vote there on unless he was also present at the proceedings recorded there in.
4. Every resolution passed by the Committee shall, where possible be published in the leading English, Hindi and Urdu local and provincial papers to be selected by the Committee. The budget estimates and the annual administration report shall also be similarly published as soon as they are passed by the Committee.
5. Copies of the proceedings shall be sent to
(1) Every member of the Committee.
(2) His Highness the Maharaja of Tehri (Garhwal) state.
(3) The Secretary (now known as Mukhya Karyadhikari) to Government, United Provinces.
(4) The President, Hindu Mahasabha, Dadar, Bombay.
(5) The General Secretary, (All- India Sanatan Dharm Mahasabha, Banars.)
(6) Such other person or body of persons as the Committee may from time to time specify.
The Badrinath Temple (Grant of Receipts) Bye-laws, 1942
1. (1) These bye-laws may be called “The Badrinath Temple (Grant of Receipts) Bye-laws, 1942-43”.
(2) They shall come into force on the date of their publication in the official Gazette.
2. All money by whosoever realized on behalf of the Temple shall be paid in the office of the Committee and Secretary (now known as Mukhya Karyadhikari) or such servant, other than the accountant and the clerk in the charge of the demand and collection register, as may be deputed by him for the purpose, shall issue a printed and signed receipt therefore.
3. No officers of the Temple shall issues duplicate or copies of receipts granted for money received, on the allegation of the original having been lost. In any necessity arised for such a document, a certificate under the signatures of the Secretary (now known as Mukhya Karyadhikari) that on as specified date a certain amount of money was received may be issued.
4. Money indisputably payable shall never be allowed to remain unpaid and money paid under no circumstances be kept out of account a day longer than necessary.
The Badrinath Temple (Maintenance of Orde ) Bye-laws, 1942
1. (1) 1. (1) These bye-laws may be called “The Badrinath Temple (Maintenance of Order ) Bye-laws, 1942”
(2) They shall come into force on the date of their publication in the official gazette.
(3) The Secretary (now known as Mukhya Karyadhikari) shall be responsible to maintain order within the precincts of the Temple and for regulating the entry of persons into the Temple.
(4) The Secretary (now known as Mukhya Karyadhikari) shall regulated the admission of Pandas with their Zajamans in accordance with the regulation framed or directions giver by the committee form time to time.
(5) If any person misbehave within the precincts or the Temple or does anything detrimental to the interest of the Temple, the Secretary (now known as Mukhya Karyadhikari) shall have the power to cause him to be removed from the precincts thereof. If such person is a Panda, or his agent or servant, the Secretary (now known as Mukhya Karyadhikari) shall have the power to stop him form accompanying his Zajmns order of the Secretary (now known as Mukhya Karyadhikari) shall be appeal able to he Committee within a period of thirty days from the date of the order.
The Badrinath Temple (POOJA ) Bye-laws, 1942
1.(1) The bye-laws may be called the Badrinath Temple (pooja) Bye- laws, 1942
(2) They shall come into force on the date of their notification in the official Gazette.
2. The Temple shall remain open from 6 a.m to 12 noon and 5 p.m. to 9 p.m. the usual morning and evening Pooja with offerings of Bhog shall be done by the Rawal, and in his absence by the Naib-Rawal, within these hours. When there is a rush of pilgrims the Secretary (now known as Mukhya Karyadhikari) may keep the Temple open for such longer hours as he may deem fit to enable all pilgrims to get darshan of the diety everyday.
3. The Secretary (now known as Mukhya Karyadhikari) shall arrange that the Pooja is done by the Rawal or the Naib-Rawal according the customary rites and that the Bhital-Barwa and to her official working in the Temple (e.g. Jamadar, chaprases, dhariyas) render the necessary help to the Rawal and Naib-Rawal. If anyone fails to discharge his duties the Secretary (now known as Mukhya Karyadhikari) shall award suitable punishment to him and arrange to get the necessary work done in such other manner as may be suitable, on payment, if necessary, and such expenditure shall be deducted from the pay or allowance of the defaulting person.
4. Pilgrims or other persons shall be allowed to do Parayan within the Precincts or the Temple only with the permission of the Secretary (now known as Mukhya Karyadhikari).
5. Persons wishing to perform Abhishekham, Sahasranama, Astotri- Archana, Arti and other special
Poojas shall be required to give timely notice to the Secretary (now known as Mukhya Karyadhikari) and shall deposit the requisite amount in the office so that necessary arrangements may be made in time. A possible facilities arrangement shall be so made for such pilgrims as not to interface in the ordinary darshan by other pilgrims.
6. Pilgrims making such offering as Thali-Bhet to the deity shall put it in the slotted box placed inside the Temple. Ordinarily they should offer cash in the office and obtain a receipt therefore.
7. The officer-in-charge of the Thali-bhet shall see that all the articles offered to the deity are carefully placed in the box and if so required by the pilgrims he will issue a receipt of the valuables offered at the time of darshan. Ordinarily pilgrims should have the valuable articles weighted in the office and obtain a receipt thereof from the Likhwar. No articles shall be accepted by the Rawa, Naib-Rawal or the Barwa or any other officer or right-holder form the pilgrims directly for being offered to the deity without the permission of the officer-in charge of the Thali-Bhet.
8. No persons other that those whose right to receive gifts has been specifically recognized by the committee, shall receive any gift in any form within the precincts of the Temple. The employees of the Temple shall not receive or solicit for nay remuneration, reward, or dakshina in any form from pilgrims.
9. No person connected with the daily Pooja or Bhog in the Temple or its subordinates shall particiapate in the pooja, if he is in Ashauch or suffers from any contagious or infectious diseases.
10. The person performing the Pooja and the bhitala Barwa shall be responsible for the safe custody of the jewelleries and other gold and silver articles entrusted to them for use in the daily Pooja or on occasions of festivals and Shringari shall be responsible for the safety of clothes. If any article or cloth is found missing the person concerned shall be liable to make good the loss. Jewelleries and other articles of gold or silver no longer wanted for Pooja shall be returned to the double-lock.
11. No pilgrim shall be compelled to make any offerings to any dity in the Temple against wishes.
12. The pilgrim shall have free access to the Tapti-Kund, Narad-Kund, Gauri-Kund and other places of bathing and may bathe in them subject to the right of the Pandas as recognized by the Committee.
13. No Panda shall harass any Pilgrim for uttering Suphal and he shall accepts the amount willingly given by the pilgrim for this purpose. If any pilgrim complains against any Panda for harassment the Secretary (now known as Mukhya Karyadhikari) shall, if the complaint is substantiated after an investigation deal with him in/such manner as he thinks fit an may by an order debar such Panda from entering the precincts of the Temple for a period a which may exend to any year. Such an order shall be appealable to the Committee within a period of thirty days from the date of the order.
14. The Purohits at Brahmakapal shall conduct the Pind ceremony when asked to do so by any pilgrim and shall accept the Dakhina willingly given by him. If there is a complaint of harassment against any purohit the Secretary (now known as Mukhya Karyadhikari) may take the same action against him as against appeal as a Panda has there under.
15. No sadhu or begger shall be or sit for begging for alms within the precincts of the Temple.
16. Pilgrim desirous of making any payment to the servants or any individual servant of the Committee, may do so through the Secretary (now known as Mukhya Karyadhikari).
