Chhattisgarh Sarvajanik Dharmik Bhawan Tatha Sthan Viniyaman Rules, 1985

Published vide Notification dated 10-9-1985, M.P. Gazette (Extra-ordinary), dated 13-9-1985 at page 1897

cg068

In exercise of the powers conferred under Section 14 of the Chhattisgarh Sarvajanik Dharmik Bhawan Tatha Sthan Viniyaman Adhiniyam, 1984 (No. 26 of 1984), the State Government hereby makes the following rules as final, having been previously published in "Chhattisgarh Extra-ordinary), dated 30-6-1985, as required under Section 14 (3) of the said Act, and since no objections/suggestions received thereon.

Short title.- These rules may be called the Chhattisgarh Sarvajanik Dharmik Bhawan Tatha Sthan Viniyaman Rules, 1985.

Definitions. - In these rules, unless the context otherwise requires,-

(a) 'Act' means the Chhattisgarh Sarvajanik Dharmik Bhawan Tatha Sthan Viniyaman Adhiniyam, 1984 (No. 26 of 1984);

(b) 'Collector' means the Collector of the concerned district;

Permission for temporary use of public place.- Every application for use of public place as temporary religious place shall be submitted to the Collector in Form I, at least four weeks before the date from which any public place is intended to be used as such.
Permission for construction of public religious building.- Every application for prior permission to construct public religious building or convert any private or public building or a place into a public place for religious purpose shall be submitted to the Collector in Form II, at least six months before the date from which such construction or conversion is intended to be made.
Construction and maintenance of new building.- While granting permission for the construction of a new religious building, the Collector shall satisfy himself that sufficient funds are available for construction and suitable income is guaranteed for maintenance and timely repairs thereof.
Communication of Collector's order.- The order of the Collector passed under sub-section (1) of Section 5 shall be communicated to the applicant in Form III or Form IV as the case may be.
Form of Public Notice.- Public notice to be issued by the Collector under sub-section (2) of Section 7 shall be in Form V.
Appeal.- (1) Any person aggrieved by order of the Collector passed under Section 5 or 7 may prefer an appeal to the Commissioner of the Revenue Division within thirty days from the date of receipt of such order in Form VI.

(2) The Appellate Authority on presentation of an appeal shall call for the record of the case and after giving an opportunity for hearing to the parties concerned, shall pass such orders as it deems fit and send a certified copy of the order together with the record of the case to the Collector.

Form I

(See Rule 3)

To,

The Collector,

......................District.

Sir,

The undersigned request permission to use the ................................ public place temporarily from ................... to.......................for the Religious purpose of.............. (3) He has/They have obtained permission for the above from the ........................... having jurisdiction which is enclosed herewith. (Mention the name of the Local Authority or Officer)

The undersigned further binds/bind himself/themselves to restore the above public place in its original conditions at his/their own expenses.

Date :..................	Signature..............................................
Place :.................	Full Address........................................

Form II

(See Rule 4)

To,

The Collector,

.....................District.

Sir,

The undersigned request/requests permission :-

(i) to construct.............................a public religious building

(Mention the name of building)

(ii) to convert .................................. (Mention the name of private/public building/place to be converted) the private/public building/place into a public religious building;

and enclose/encloses herewith a site plan of the building and the construction/additions and alterations proposed are as below :-

......................................................................................................

He has/They have obtained permission of the above construction/additions and alterations from the..........................

(Mention the name of Local Authority or Officer)

having jurisdiction.

Date :..................	Signature..............................................
Place :.................	Full Address........................................

Form III

(See Rule 6)

Office of the Collector, District................

No...........................................

Dated...........................................

To,

Shri....................................

...........................................

Subject :- Temporary permission to use the .................................... public place for Religious purpose of.............................

Ref. :- Your application No. ................................................... dated.................................

Temporary permission is hereby granted/is hereby granted subject to the following conditions/is hereby refused :-

Date :..................
Place :.................	Collector

Form IV

(See Rule 6)

Office of the Collector, District........................

No. ..........................

Dated..................................

To,

Shri....................................

...........................................

Subject :- Permission to construct/convert/additions and alterations of the public/private place/building situated at................................

Ref.:- Your application No.............................dated..............

Permission is hereby granted/is hereby granted subject to the following conditions/is hereby refused :-

(1)..........................................................

(2)..........................................................

(3)..........................................................

Place : ..................................

Date : ....................................

Collector

Form V

(See Rule 7)

Notice under sub-section (2) of Section 7 of the Chhattisgarh Sarvajanik Dharmik Bhawan Tatha Sthan Viniyaman Adhiniyam, 1984

Tahsil....................Village..................District....................Whereas there is reason to believe that you ............. have encroached upon ......................... (here enter name of the property) belonging to the.................(the name of the institution or endowment), the particulars of which are given in detail in the annexure below :-

You are therefore called upon to show cause before............why the said encroachment should not be removed. You should appear in person or by Counsel duly instructed with proof, in the office on the..............day of.........19.... where the aforesaid matter will be heard and disposed of failing which the matter will be heard and disposed of ex parte and that it will be presumed that your consent to the removal of the said encroachment is duly given.

Given under my hand and the seal this.................day of............19 ..........

Collector

Annexure

(Here enter particulars of the property)

Form VI

(See Rule 8)

Before the Commissioner Revenue Division

.................Appeal No. .................(Name of the applicant with address) ................. Appellant.................

Versus

Collector................. Respondent .................

Appeal under Section 10 of the Chhattisgarh Sarvajanik Dharmik Bhawan Tatha Sthan Viniyaman Adhiniyam, 1984

Being aggrieved with the order dated .....................passed by the Collector..............the appellant above named prefers this appeal on the following facts and grounds :-

Date :..................
Place :.................	Appellant

Verification

I ............................... s/o Shri .......................... r/o .......................... do hereby verify that the contents of Para No. 1 to .......................... are true to the best of my personal knowledge and belief.

Verified and signed here at........................

Appellant