Section 2 in The U.P. Shri Badrinath and Shri Kedarnath Temples Act, 1939
2. Act to override Act XX of 1863, etc.
- This Act shall have effect notwithstanding anything to the contrary contained in the Religious Endowments Act, 1863, or in any scheme of management framed by the court before the passing of this Act or in any decree, custom or usage:[Provided that the Committee may with the previous sanction of the [State Government] [[Substituted for the following proviso by section 2 of U.P. Act IV of 1941:'Provided that the Committee may, with the previous sanction of the Provincial Government; within one year of the commencement of this Act, recognize and give effect to, or at any time after the commencement of this Act cancel the recognition and effect of such decree, custom or usage relating to Shri Badrinath and its endowments as the Committee in their discretion may deem fit and in giving such recognition and effect the Committee may direct that the said decree, custom or usage shall have effect subject to such exceptions or modifications as they may think fit to make.']] on a claim preferred within one year of the commencement of this Act, give such recognition and effect to any decree, custom or usage relating to the Shri Badrinath Temple [or Shri Kedarnath Temple] [Inserted by section 2 of U.P. Act XXX of 1948.] and [their] [Substituted by ibid. for the word ] endowments as it may deem fit, and may, at the same time provide that such decree, custom or usage shall have effect subject to such exceptions or modifications as it may direct. Any orders passed by the Committee under this proviso may with the previous sanction of the [State Government] [Substituted by the ALO 1950 for 'Provincial Government'.] at any time be varied, modified or rescinded].[3. Definitions. - In this Act unless there is anything repugnant in subject or context-(a)'Committee' means the Shri Badrinath and Shri Kedarnath Temples Committee constituted under this Act;(b)'Endowment' means all property, movable or immovable belonging to, or given or endowed for the maintenance or improvement or additions to or worship in the Temple or for the performance of any service or charity connected therewith and includes the idols is installed therein, the premises of the Temple and gifts of property made to anyone within the precincts of the Temple;(c)'Temple fund' means the Endowment and includes all sums received by or on behalf of, or for the time being held for the benefit of the Temple, and also includes all the endowments which have been or may hereafter be made of the Temple or any other deity thereof in the name of any person or for the convenience, comfort or benefit of the pilgrims thereto, as well as all offerings made to any of the deities comprised in the Temple;(d)'The Temple' means the temple of Shri Badrinath and the Temple of Shri Kedarnath in district Chamoli and includes, in the case of the temple of Shri Badrinath, other temples within its premises comprising survey numbers 223, 224, 225, 226, 227, 228, 368, 369 and 370 of the survey of the year 1930-31 of village of Badrinath in Patti Talla Pain Khanda then district Garhwal, including Shri Lakshmiji Temple, the images of Garur, Hanumanji, Ghantakaran and all other minor images situated within the said survey numbers and also all appurtenant and subordinate temples and shrines mentioned in Schedule I, and in the case of the temple of Shri Kedarnath the appurtenant and subordinate temples and shrines mentioned in Schedule II, and also includes, in the case of either, any additions which may be made thereto after the commencement of this Act;(e)'prescribed' means prescribed by rules made by the State Government under this Act; and(f)'scheme' means a scheme of management settled by a court under the provisions of section 92 of the Code of Civil Procedure, 1908.][4. Vesting of property. - The ownership of the temple fund shall vest in the deity of Shri Badrinath or Shri Kedarnath as the case may be, and the committee shall be entitled to its possession.] [Substituted by Section 4 of U.P. Act No. VIII of 1964.][5. The Committee. - (1) The administration and the governance of the Temple and the Temple fund shall vest in a committee which shall be comprised as follows:(a)[* * *](b)two persons to be elected by the Hindu members of the Uttar Pradesh Legislative Assembly and one person to be elected by the Hindu members of the Uttar Pradesh Legislative Council;(c)one person residing in the district of Garhwal to be elected by the Hindu members of the Zila Parishad of that district;(d)one person residing in the district of Tehri Garhwal to be elected by the Hindu members of the Zila Parishad of that district;(e)one person residing in the district of Chamoli to be elected by the Hindu members of the Zila Parishad of Chamoli and for so long as there is no Zila Parishad in Chamoli to be nominated by the Collector of that district;(f)one person residing in the district of Uttar Kashi to be elected by the Hindu members of the Zila Parishad to Uttar Kashi and for so long as there is no Zila Parishad in Uttar Kashi to be nominated by the Collector of that district; and(g)the President of the Committee and [seven members] [Substituted by U.P. Act 14 of 1984, Vide Section 2 (b), for the words 'Five members'.] to be nominated by the State Government.(2)The State Government may appoint any member of the Committee as Vice-President thereof. The Vice President shall exercise such powers as may, with the previous approval of the State Government, be delegated to him by the President;(3)The Constitution of the Committee shall be notified by the State Government in the official Gazette:Provided that the State Government may notify the Constitution of the Committee at any time after the President and not less than eight members of the Committee have been elected or nominated, as the case may be, and the Committee so constituted shall be deemed to be a constituted Committee.(4)No person who is subject to any disqualification referred to in sub-section (1) of section 10 shall be eligible for membership or for the office of the President or Vice-President of the Committee.] [Substituted by Section 5 of U.P. Act No. VIII of 1964.]
