The Lainingthou Sanamahi Temple Act, 1976

Manipor 1-.. ·-- Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY No. 213 Imphal, Thursday,.February . 24, 1977 ( Phalguna 5, 1898) GOVERNMENTOF MANIPUR SECRETARIAT: LAW DEPARTMENT Imphal, the 24th February, 1977 No. 2/24(16--Act/Leg.+-The following Act of the Legislature, Manipurwhich 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, 1976 ( Manip?rAct 2 of 1977 ) An Act · . .' ... · to make prorisions for. the maintenanre and better adminisrration of{hf!.temple o.fLainingthou Sanamahi at Imphal ana its endowmentsand for matters connected therewith. BE U enacted by the legislature of Manipur in the Twenty-seventhYear of the Republic of India as follows : - . . ,1- 0) J:hi?1Act may be called the Lainingtbou Sanamabifemple Act, 1976. . , . .. (2).,. 1? shalt come into . force on· such date as the State Govern­ment 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 the Executive Officer of the Temple appointed under this Act ; (e) "Member" means a member of the Lainingthou Sana­ mahi Temple Board and does not include the President ; (f) "Official Gazette:' means the Manipur Gazette ; (g) "Prescribed" means prescribed by rules made under this Act; (h) "President" means the President Sanamahi Temple Board ; of the Lainingthou (i) "Specified endowment" means any property, endowment," or money donated for 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 be made 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 or on. 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 .,,, 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 shall vest fa the] deity of Lainingthou Sanarnahi, and the Board 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 nine other members including the Vice-President. (2) The State Government shall appoint, a.;, the Presidentjof the Board, a person who is not disqualified for any of the 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 of tho Board 5. (1) The Board shall be a body corporate and shall have lncorpora perpetual succession and a ccn.mon seal and may sue or l.e sued in tion, its name. · (2) As soon as the Board is constituted · under section 4, the State Government shall make notification thereof in the Official Gazette. · ri. A person shall be disqualified for being chosen as, and for being, a member of the Board (a) if he holds any office of profit under the admmistration of the Temple, or receives any emoluments or perquisites from the Temple fund, other than those granted under section 14 ; or (b) if he is interested in a contract for making supplies to, or executing any work on behalf of the administration of, the Temple ; ?r (c) if he is of unsound mind and stands so declared by a competent court ; or (d) if he is an undischarged insolvent ; or (e] if he is not a citizen · of India ; or Disquali? tions fop membership. (a) (b) . TGftll of Olice. Jtcsigaation. 4 (f) if. he is a minor or a deaf-mute or suffers from contagious leprosy ; or .:·' ? • ·> '·, ' (g) if he has been convicted of an offence which, in .. the opinion of the State Government, involves moral turpitude ; or t?) if he does not profess the Hindu and or Sanamihi r?ii­ gion ; or (i) if he has, in the opinion of the State Government, :?tcd in a manner prejudicia' to the interest of the endowment. 7. The members of the Board, other than the ex-officio member thereof, shall, subject to the provisions of sections 8, 9 and. lZ, bold 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. : ? .... 8. (1) The President may at any time, by writing under his band addressed !o the State Government, resign bis office. (2) The Vice-President may at any time, by writing under hi; hand addressed to the President, resign bi, 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. 9. The State Governrr ent 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 : that he has been guilty of corruption or misconduct in the administration of the endowment ; or that, being a legal practitioner, he bas acted or .appeared on behalf of any person against s the Board in any legal proceedings ; or (c) that he is or bas become subject to any of the disquali- fications mentioned -in section 6 ; or . (d) that he has absented himself from more than three consecu­ tive meetings of the Board and fails to explain such absence to the satisfaction of the Board. 10. Casual vacancies in the office of the President, the Vice- Filling up of Pre?idcnt and any member of the Board shall be filled up by. the vacancies. State Government by appointmentof. persons who are not disqualified under section 6 for the remainder of the t'erm. 11. A person who bolds, or has held, office as the Vice- Eligibility Prc11idcnt or any other member shall, subject to the provisions of for re-ap­ pointment. thi:1 Act, be eligible for re-appointment to that office. 12. ( 1) If in the opinion of the State Government, the Board i:i no.t competent to perform, or persistently makes default in per­ (ormh1g the duties imposed on it under this Act, or exceeds or \\P1.J??11its . powers, the State Government may, after due inquiry, by noLificatiori in the Official Gazette, dissolve or supersede the Boo.rd and direct the reconstitution of another Board in accordaoce '!Vithth? provisions of this · Act. · (2) .Before issuing a notification under sub-section (l ), the St?te GovcrnITlcnt shall communicate to the Board the grounds on which it proposes to do so, fix a reasonable time for the Board to show cat11\e against the proposal, and consider its explanations or objections, if an)'. rJI Whenever all the members including ihe President, other tlrnn tb.e ex-officio member of the Board, have without exception fa.ilccFto attend a meeting of tbe Board without reasonable cause, or all of them other than the. e;(-officio member have tendered resignation, or some of them other than the ex-officio member have foiled to attend a meeting without reasonable cause while the rest have tendered resignation, the State Government shall notwiths1.2.nding the provisions contained in sub-section ( 1) and sub section (2), .dis­ solve the Board by notification in the Official Gazette and direct the .. reconstitution of anoth?r Board ill accordance with the pro­ visions of this Act .. Dissolution and super­ session or Board. . (4} Where the Board is dissolved or superseded under this 'Scptiqn, the .State Government shall appoint a person to perform the functions and exercise the powers, of, the Board until the cons­ titution of another, Board in accordance with the provisions of this Act. . (5): The State Government may fix the remuneration of the pt!rso11. appointed under sub-section (4); and it shall· be paid from the· Temple· fond. · 1 3. (I) 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. : 1 (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 )I!ia\J, be the,,duty of the President or. the person 'acting as 'such, ·, to. adjourn. the· meeting : · Office and meetings or the Board. Remunera • ilOl'I. F11Bdions of the Board 6 Provided that if there is no quorum at a meeting, the Presidingauthority shall, after waiting for not less than thirty minutes, andnot more than sixty minutes adjourn the meeting · to such time ofthe following or some other day as it may reasonably fix and shallnotify the same, and the business which have been disposed ofat the original meeting, had there been a quorum thereat, shallbe brought before the adjourned meeting and may be disposed ofat such meeting or at any subsequent adjournment thereof whetherthere be a quorum or not. (4) Meetings of the Board shall be held at least once in twomonths, and the place for such meeting shall be at Imphal unlessa majority of the members decide to meet at some other convenientplace. ( 5) All questions at any meeting of the Board shall be deter­mined by a majority of votes of the members present and voting,other than the President or the person acting as sucn. The President,or the person acting as such, shall not vote in the first instance,but shall have and exercise a casting vote in the case of an equalityof votes. (6) The Board shall have power to act notwithstanding anyvacancy in the membership thereof, and any proceedings of a meetingof the Board shall be valid notwithstanding that it is discovered sub­sequently that some person who was not entitled so to do, sat orvoted or otherwise took part in the proceedings. 14. The President, the Vice-President and every other memberof the Board shall be entitled to receive from the Temple fundsuch travelling and sitting allowances as may be prescribed. 15. Subject to the provisions of this Act or of the rules madethereunder, the functions of the Board shall be-- (a) to make arrangement for the safe custody and preservatieaof the Temple fund and for maintenance of accounts thereof ; (b) to provide facilities for the proper performance of worshipby worshippers and pilgrims ; (c) to undertake for the benefit of the worshippers and pi!grima­ (i) the construction of buildings for their acccmmcdatio.n, (ii) the construction of sanitary .works, and (iii) the improvement of meafis of communicat:ons : (d] to make suitable arrangement for imparting religious in ..tructions ; (e) to make provision for medical relief of wo11hippcrs andpilgrims ; (f) to make provision for the payment of suitable emolumentsto its salaried staff ; Cele bratioa of religions festivals. 7 (g) to raise fun+s 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 effici::n? management, maintenance and administration of the Temple and the Temple fund and the convenience of the pilgrims : Provided :."'ii. the Board shall, with the previous sanction and approval cf ::he State Government, be competent to undertake and execute ;:- Xli, sc??5 and constructions relating to or in connection wiu ?? ::u:t.!t'S defined and specified in (a) to (h) above to be f:--::;.-i •:..>-?1 Of partly by the State Government. 15_ The President, the Vice-President and the other members of J:.iability fos :::ie Board shall. jointly and severally, be liable for the Joss, waste loss. etc. .:r ?t:on of the Temple fund : Pro•,ided rhat if such loss, waste or misappiication is a direct .:::omeqncnce of the wilful act or omission of a person while be was the President, the Vice-President or a member, a suit for compensation may be instituted against such a person by the Board O!' by the State Government. 17. (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 .,.? not adequate for the ceremonies and festivals, the State Government may exten i grants-in -aid to the Board. 18. 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. 19. The Board shall have oo power to borrow or lend money except with the previous sanction of the State Government. 20. No part of the Temple fund shall be tr:JT1.:;ferred without the previous sanction of the State Government. 21. (1) The State Government shall, on the enforcement of th, Act, appoint ? person possessing, the prescribed qualifications as the Executive Officer of :he Temple. (21 The E cecutive O'ficer sh-ill be th: Secretary to the Board, who shall, subject to the control of the Board, have general power to carry out th! .J · vi ,i 1··H >r° this Act, the rules and the bye-laws rmde thereunder and fa! resol-ttion s paned by the Board. Adminis­ tration or specific endowment. Limitation on borro­ wing and I aiding. Alienation of Temple fund. Other Officers and servants, Interim a1nngem:n•. Tc::n;:k fu::,c::=..,-jo 10bc? ? 8 (3) The Executive Officer shall perform such other du ties and .,, exercise such other powers as may be delegated to bim from. tir- ""' ·d_ 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. ,... 22. (1) The Board shall, with the approval of the State Govern­ ment, 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 a'Iowances 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 ser: ants of the Boord 'other than the Executive Officer, in accordance with rules made by the State Government. (6) Any officer or servant who is aggrieved by au order passed under sub-secti0n (5) may prefer at, appeal to the State Government against such an order within sixty days of the date of service of sucb an order : · .. .,.. ?.:·?-.:. Provided that no appeal against an order other than an order for removal or dismissal shall lie to the State Government. 23. (1) On the commencement of this Act, the services of the staff of the Temple existing before such <.:,m1mencement 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 bv notifica'.:ion under sub-section (2) of section 5, the State Government ni'av appoint one or · more persois to discharge all or any of the fur?cnons of tbe Board under this Act. :::4. Toe Preside,,t, the Vice-President and the other members, a:i,d ?e Executive Officer and other officers and servants of the &.-..u.: saall, while acting or purporting to act in pursuance of Cle ?0-,-::i..:C.:.S of this Act or any rule, bye-law or order made thereunder, be ?::::erl to be public servants within the meaning of section 2 l oi :.::.:: bdian Penal Code. 9 25. (1) The State Government shall every year appoint anaud_itor to audit the accounts of the Temple fund. (2) The remuneration of the auditor shall be fixed by the StateGovernment at the time of his appointment and shall be paid fromthe Temple fund. (3) The auditor shall submit the audit report to the Board andsend a copy of it to the State. Governm'!nt. ( 4) The State Government may issue such directions and passsuch orders on the audit-report as it may deem fit, and the Boardshall carry them out. 26. (I) The Board shall in respect of every fin<'nciaJ year prepareor cause to be prepared an annual budget containing a statementof the estimated receipts and expenditure of the administration ofthe Temple for that year. (2) The Board shall consider and pass the budget with altera­tions, if any, at a meeting or meetings before the commencementof that year, and a copy of the budget shall be sent to the StateGovernment as soon as it is so passed. Audit. Budget. 27. The Board snail annually prepare and submit to the StateGovernment a report on the administration of the affairs of the Templeat such time as may be prescribed. 28. (I) The State Government may, from time to time, issuesuch directions to the Board as it may deem fit, and the Boardshall carry them out. (2) The State Government shall have power to call for suchinformation and accounts from the Board as may in itt. opinion benecessary for reasonably satisfying itself that the Temple and the Templefund are properly managed, maintained and administered, and theBoard shall, on such r$Auisition, furnish forthwith such informationand accounts to the State Government. 29. (1) The State Government may depute a person to inspectany 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 whethera specific endowment, if any, is administered according to the wishesof the donor of such an endowment. (3) The Board and its employees shall, for the purposes ofinspection, render all - facilities to the person deputed under thissection. 30. (I) The Board may make bye-Jaws not inconsistent withthis Act er the rules made thereunder for : ,· \.; (a) the procedure and conduct of business at meetings of theBoard, the manner in which notice of its meetings shall begiven and" the manner in which pr.)ceedings of its meetingsshall be· recorded and published ; Administra­ tion Report. Power of State Go­ Yemmentto issue direc­ tions to call for informa­ tion and accounts. lnspectioo. Powers of the Board to make bye-Jaws. Resistance or obstruc­ tion in obtaining possession. Costs or suits, etc. 10 (b) the formation of committees, and the delegation of powersto such committees ; · · · · ·? (c) the books and accounts to be kept at the office of t1:eBoard; ' (d) the custody and investment of the Temple fund ; (e) the collection of the daily offerings to the deities worshippedin the Temple ; (f) the maintenance of order inside the Temple and regulatingthe 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 StateGovernment. (3) Where a bye-law or cancellation or alteration thereof issubmitted 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 con£rmedunder clause (a) or clause (b) cf sub-3ection I 3) shall be publishedin the Official Gazette, and shall thereafter have the force of law, 31. If in obtaining possession of any property which forms theTemple fund or part of it the Board is resisted or obstructed by anyperson, it may make an application to the Magistrate having jurisdictio?complaining of such resistance or obstruction and such Magistrateshall, unless he is satisfied that the resistance or obstruction waS!occasioned by any person claiming in good faith to be in pessesaion onhis own account or by virtue of some right independent of that of theTemple, make an order that the Board be put into possession of theproperty. Such order shall, subject to the result of any suit whichmay be filed to establish the right to the possession of the property,be final. 32. All costs and expenses 1ncurred by the Board in connectionwith any legal proceedings imtituted or defended in the interesfof tlieTemple shall be payable out of the Temple fund. 33. (1) This Act· shall have effect notwithstanding anything to·the contrary contained in any law for the time being in force or in?y scheme of management framed before the commencement?f thisAct or in any decree, order, practice, custom or u'sage. (2) Section 92 of the Cod? oJ Ci?il Procedure, 1908 shall notapply to any suit against the . Boatd. (c) (d) 11 34. (l) 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 ,S£regoingpower, such rules may provide for- i 'Ji.\· '· ·Jt• (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 ; the grant of le:.tv6 and travelling allowances to the Executive Officer and other ofllcors and servants of the Board ; the payment of travollinletallowance and sitting allowances of the President, thc'Vtce?P.rosidcnt and the other members of the Board ; and (e) th':' budgets, retnrn,, uo:,;qunts,reports, and any other infor­ mation to be submittrd by the Board to the State Government. 35. Whenever any ,lfUliiiJ)tytil'i.?cs in giving effect to any of the "visions <>f this Act, tho rtill? .15yc-lawsand orders made thereunder. State Government .111?·i,Jy?111JShdirections as may appear to it . £be necessary for .. the puj'p;@ll\i:Lt>fremoving the difficulty. :/ff,36. No rniLorprpqef?fJ.r!SS,tshall lie in any Court against the State Government for all)'thtr1:;;.,tf?tl'!.Oor purported to be done by it under the- provisions of. this 1\?.t,.?' Pewee of the State Governmens to make rules. Power of the State Government to remove difficulties. Bar •o suit or Procee­ ding againl9t the State Government; Printed by the Supdt., Ptg. & Sty., Maaipur at the Govt. Press, lmphal./350-C/24-2-77.