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State of Maharashtra - Act

The Shree Shanaishwar Devasthan Trust (Shingnapur) Act, 2018

MAHARASHTRA
India

The Shree Shanaishwar Devasthan Trust (Shingnapur) Act, 2018

Act 58 of 2018

Published on 13 August 2018
Commenced on 13 August 2018
[This is the version of this document from 13 August 2018.]
[Note: The original publication document is not available and this content could not be verified.]

The Shree Shanaishwar Devasthan Trust (Shingnapur) Act, 2018(Maharashtra Act No. 58 of 2018)(First published, after having received the assent of the Governor in the " Maharashtra Government Gazette ", on the 13th August 2018).An Act to re-constitute a public trust registered under the name Shree Shanaishwar Devasthan, at Shingnapur, District Ahmednagar under the Maharashtra Public Trusts Act and to provide for better administration of Shree Shanaishwar Temple and control of the State Government on the trust and for matters connected therewith or incidental thereto.And Whereas the administration of the Public Trust registered under the Maharashtra Public Trusts Act, with the name "Shree Shanaishwar Devasthan" at Shingnapur, Nevasa, Ahmednagar is vested in the Board of Management under a scheme approved by Assistant Charity Commissioner, Nashik Division, Nashik on the 9th November 1990 and a scheme modified by Assistant Charity Commissioner, Ahmednagar division, Ahmednagar;And Whereas the power to execute the rules and sub-rules for administration and management of Shree Shanaishwar Devasthan is vested in the Board of Management by the scheme made under Maharashtra Public Trusts Act, and the Assistant Charity Commissioner, Ahmednagar has the power of appointment of Board of Management for the term of five years;And Whereas on expiration of the term of five years of the previous Board of Management of Shree Shanaishwar Devasthan, the Assistant Charity Commissioner, Ahmednagar has, under his order dated the 6th January 2016, re-constituted the Board of Management of the said Trust;And Whereas complaints have been received by the State Government regarding irregular management of the previous Board of Management of Shree Shanaishwar Devasthan, Ahmednagar and also about the selection process of newly constituted Board of Management of Shree Shanaishwar Devasthan, Ahmednagar by an order dated the 6th January, 2016.And Whereas the issues of law and order on account of a certain practice in the matter of taking darshan of deity 'Shani' from Chauthara (platform) was required to be dealt with;And Whereas it is expedient to enact a separate law to re-constitute the Trust and to provide for the management of Shree Shanaishwar Temple by a committee directly under the Government supervision to enable the Trust to give more facilities for the devotees; and for matters connected therewith or incidental thereto; it is, hereby enacted in the Sixty-ninth Year of the Republic of India as follows:-

Chapter I
Preliminary

1. Short Title and Commencement.

(1)This Act may be called the Shree Shanaishwar Devasthan Trust (Shingnapur) Act, 2018.

(2)It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. Definitions.

- In this Act, unless the context otherwise requires,-

(a)"appointed day" means the date specified in the notification issued under subsection (2) of section 1;

(b)"Committee" or "Management Committee" means the Management Committee constituted under section 5;

(c)"Devasthan" means devasthan of Lord Shani at Shingnapur, Ahmednagar;

(d)"Devasthan Trust" means the Public Trust in respect of Shree Shanaishwar Devasthan, Taluka Newasa, District Ahmednagar, as re-constituted under this Act;

(e)"erstwhile trust" means the public Trust registered under the Public Trusts Act, with registration No. A/587, referred to in sub-section (1) of section 3;

(f)"Executive Officer" means the Executive officer of the Committee appointed under section 18;

(g)"Management Fund" means the management fund of the Committee constituted under section 27;

(h)"Member" means a member of the Committee, and includes any office-bearer thereof whether called as, the Chairman, Vice-Chairman and Treasurer or by any other designation;

(i)"prescribed" means prescribed by rules made by the State Government under this Act;

(j)"Public Trusts Act" means the Maharashtra Public Trusts Act or any other law relating to Trusts, for the time being in force;

(k)"Trust" means the Devasthan Trust as constituted under sub-section (1) of section 3;

(l)"Trust Fund" means the Fund of the Devasthan Trust constituted under section 25;

(m)"Regulations" means the regulations made by the Committee under section 47;

(n)"rules" means the rules made under this Act;

(o)"Temple" means the Shanaishwar Temple at village Shinganapur, Taluka Newasa, District Ahmednagar;

(p)"year" means the financial year; and

(q)words and expressions used in this Act, but not defined, shall have the meanings, respectively assigned to them in the Public Trusts Act.

Chapter II
Reconstitution and Transfer of Property of the Erstwhile Trust

3. Reconstitution of erstwhile trust and transfer to and vesting of properties.

(1)Notwithstanding anything contained in the Public Trusts Act or any other law for the time being in force, on and from the appointed day, the provisions of this Act shall apply in respect of erstwhile trust registered as "Shree Shanaishwar Devasthan" at village Shinganapur, Taluka Nevasa, District Ahmednagar, with registration No. A/587 and the said Trust shall be re-constituted as provided in this Act.

(2)On the appointed day, all the properties, whether movable or immovable (including all assets, rights, funds, liabilities and obligations) of the erstwhile trust shall, by virtue of, and in accordance with, the provisions of this Act, stand transferred to, and vested in the Management Committee for the purposes of the Devasthan Trust so reconstituted under sub-section (1) and the Executive Officer shall, on behalf of the Committee, be entitled to their possession and management from that day.

(3)The Committee or Board of Trustees functioning in relation to the erstwhile trust immediately before the appointed day shall cease to function; and all its powers, duties, rights and privileges, if any, in relation to the erstwhile trust shall vest in the Management Committee of the Devasthan Trust.

4. Transfer of possession of valuables and properties to Trust.

(1)The Board of Trustees of the erstwhile trust and every other person in possession of,-

(a)any movable or immovable property of the erstwhile Trust; or

(b)the valuable articles, and the money including the money in the form of deposits in bank or in credit society or with any person or investment in shares, belonging to the erstwhile Trust, shall hand over possession thereof, or transfer or cause to be transferred, forthwith, or within such longer period not exceeding thirty days, as may be allowed by the Management Committee, along with full inventory thereof, to the Executive Officer on behalf of the Management Committee.

(2)Where any property is handed over or transferred under sub-section (1), the Executive Officer shall, after due verification with the inventory, pass a proper receipt in writing for the same to the transferor and thereupon, the Executive Officer shall be responsible for the safe custody of such property thereafter.

(3)On so handing over or transferring any such property of the erstwhile Trust to the Executive Officer and obtaining a receipt thereof under sub-section (2), the transferor shall stand released and discharged from all claims and demands or liability in respect of that property.

(4)Immovable property held by the Devasthan Trust shall not be sold without public auction and without prior permission of the Government in Law and Judiciary Department and while granting permission, the Government shall ensure that the offset price of such immovable property shall not be less than the market value of such property as per the rates fixed under the Annual Statement of rates fixed under the Maharashtra (Determination of market value) Rules, 1995 or any other law for the time being in force:Provided that, the person who has vested interest in the immovable property at the time of public auction shall have the first right to purchase the said immovable property at the highest bid price accepted at such auction.

(5)No instrument alienating the immovable property of the Trust without following the procedure mentioned in this section shall be valid.

Chapter III
Management Committee

5. Constitution of Management Committee for Devasthan Trust.

(1)For the purpose of management of the Devasthan Trust, the State Government shall, as provided in sub-section (2), constitute a Committee to be called "Shree Shanaishwar Devasthan Trust Management Committee".

(2)The State Government shall, by notification in the Official Gazette, appoint the Chairman, Vice-Chairman, Treasurer and not more than eight other members to constitute the Committee under sub - section (1):Provided that, out of the total number of members not less than one member shall be a woman and at least two members, of whom one shall be a person belonging to the Scheduled Castes and one to the Scheduled Tribes, shall be appointed from amongst the persons ordinarily residing in the State.

(3)Subject to other provisions of this Act, the Committee shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued.

6. Allowances to members.

(1)There shall be paid from the management fund to each member such honorarium and travelling allowance and daily allowance for attending the meetings of the Committee or for transacting any business connected with duties as a Chairman or member to the place where such meetings are held or business is transacted and for the return journey from such place at such rates, as may be prescribed.

(2)Notwithstanding anything contained in any other law for the time being in force, a member of the State Legislature while holding the office of a member of the Committee who is eligible for any allowance or honorarium under sub-section (1) shall not be disqualified for continuing as a member of the State Legislature.

7. Term of office of members.

(1)A Chairman, Vice- Chairman or member shall be appointed for a period of three years:Provided that, the term of office of such outgoing member shall be deemed to extend to and expire with, the date on which the notification constituting the new Committee is published in the Official Gazette.

(2)A member may, by writing under his hand addressed to the State Government and a copy to the Chairman, resign from the office of member of the Committee:Provided that, such resignation shall not take effect until it is accepted by the State Government.

(3)If a member without obtaining leave from the Committee, remains absent for three consecutive meetings of the Committee, he shall cease to be a member thereof, from the time the third meeting is duly terminated.

8. Qualifications for being member.

(1)A person to be appointed as a member of the Committee shall be,-

(a)the permanent resident of the State of Maharashtra; and

(b)a devotee, of Shree Shanaishwar of Newasa. He shall, prior to his appointment as a member, make such declaration in the prescribed form.

(2)The Chairman, Vice-Chairman, Treasurer and other members shall, unless otherwise disqualified, be eligible for re-appointment.

9. Disqualification for membership.

- A person shall be disqualified for appointment as, or for being, a member, if he-

(a)is not qualified under sub-section (1) of section 8;

(b)is a minor;

(c)is of unsound mind, and is so declared by a competent court;

(d)is an undischarged insolvent;

(e)has directly or indirectly any interest in a lease or any other transaction relating to the immovable property of Devasthan Trust or lawfully held the property of the Devasthan Trust;

(f)is a paid servant of the Committee or has any share or interest, directly or indirectly, in any contract for supply of goods to, or for execution of any work, or the performance of any service, undertaken by the Committee in respect of the Trust;

(g)has been convicted by a criminal court of any offence involving moral turpitude;

(h)has,without obtaining leave of absence from the Committee remained absent,-

(i)for three consecutive meetings of the committee;

(ii)from India for a continuous period of six months;

(i)has been found guilty of grave misconduct in the discharge of his duties or being guity of corruption or any disgraceful conduct while holding the office of the member of the Committee;

(j)has been suspended, removed or dismissed as a Trustee of any public Trust, under section 41-D or any other provisions of the Public Trusts Act by the Charity Commissioner or Court;

(k)is practicing as a Legal Practitioner for or against the Devasthan Trust;

(l)has left India for the purpose of residing abroad.

10. Removal of members.

(1)The State Government may remove from office, the Chairman, Vice-Chairman, Treasurer or any other member of the Committee, on any of the following grounds, namely:-

(a)that he has incurred any of the disqualifications mentioned in section 9;

(b)that in the opinion of the State Government, the standard of performance of such person is not found to be satisfactory or not upto the expected standard of performance.

(2)No person shall be removed under this section unless he has been given a reasonable opportunity of showing cause, in writing, in the matter against his removal.

(3)The decision of the State Government in this behalf shall be final.

11. Power to reconstitute Committee.

- Notwithstanding anything contained in the foregoing provisions or any other provisions of this Act, the State Government may, by notification in the Official Gazette, curtail the term of office of the Chairman, Vice-Chairman, Treasurer or all or any of the other members holding office for the time being and appoint a new Chairman, Vice-Chairman, Treasurer and other members either for the remainder of the term or for a full term of three years, as the State Government may deem fit.

12. Filing up of casual vacancy.

- In the event of any vacancy occurring on account of death, resignation, disqualification or removal of a member or on account of non-acceptance of office by the member or where the appointment is set aside, or on account of a member becoming incapable of acting prior to the expiry of his term of office, or desiring to be relieved or discharged or refusing to act or neglects to perform his duties as such member, the Executive Officer shall forthwith communicate the occurrence of the event to the State Government through the Management Committee; and the vacancy shall be filled in as soon as conveniently may be, by appointment of a person thereto and the member so appointed shall hold office so long only as the member in whose place he is appointed would have held it, if the vacancy had not occurred.

Chapter IV
Conduct of Business

13. Meetings of the Committee and rules of procedure.

(1)For the transaction of its business, the Management Committee shall meet at such intervals as it may determine, from time to time, so however, that not more than thirty days shall elapse between the two meetings.

(2)One-half of the number of members of a Committee shall form a quorum:Provided that, when a quorum is required but not present, the presiding authority shall adjourn the meeting for thirty minutes and the business which would have been brought before the original meeting had there been a quorum thereat, shall be brought before the adjourned meeting, whether there be a quorum present or not.

(3)Every meeting of the Committee shall be presided over by the Chairman of the Committee and in his absence by the Vice-Chairman and, in their absence,by a member elected for the purpose by the members present.

(4)All questions arising at the meeting of the Committee shall be determined by the majority of votes of the members present. In the case of equality of votes, the Chairman or the person presiding, as the case may be, shall have a right to exercise a casting vote:Provided that, the Chairman of the meeting shall have a power to cast his first vote in his capacity as a member and thereafter have a second and casting vote in his capacity as a Chairman.

(5)The Executive Officer, being the ex-officio Secretary of the Committee, shall be responsible for the maintenance of the minutes of the proceedings of every meeting, and such minutes shall be duly countersigned by the Chairman or by the member presiding at the meeting, as the case may be.

(6)Consistent with the provisions of this Act and the rules made thereunder, the Committee shall make regulations, with the approval of the State Government for regulating its procedure and the conduct of its business.

14. Defect or vacancy not to invalidate acts.

- No act or proceedings of the Committee or of any person acting as the Chairman or a member of the Committee shall be deemed to be invalid by reason only of the existence of a vacancy amongst its members or a defect in the constitution thereof or on the ground that the Chairman or any member of the Committee was not entitled to vote or to continue in office by reason of any disqualification or by reason of any irregularity or illegality in his appointment.

15. Duties and powers of Committee.

(1)Subject to any general or special order of the State Government, it shall be the duty of the Committee,-

(a)to manage the properties and affairs of the Trust efficiently;

(b)to make proper arrangement for the conduct and performance of rituals, worship, ceremonies and festivals in the Devasthan according to the custom and usages;

(c)to provide necessary facilities and amenities to the devotees;

(d)to apply the income of the Devasthan Trust to the objects and purposes for which the Devasthan Trust is constituted and administered or to the other objects or purposes akin to the purposes of the Devasthan Trust or to the purposes allowed by or under this Act;

(e)to ensure due and proper continuance and performance of worship, rituals, ceremonies or services of the nitya or daily or periodical, general or special pooja in the Temple without any break or hindrance or without in any way curtailing the form, dignity, grandeur or manner of pooja, archana, religious faith, or belief which were being performed in relation to the deity in the Devasthan Trust immediately before the appointed day; taking particular care to ensure that, as far as possible, darshan, etc., of the deities or prayer or worship in the Devasthan Trust is available to the devotees; appointing person or persons, on payment of such remuneration, and subject to such terms and conditions, for performance of any seva or service in the Temple, as the Committee may, in the interest of the better management of the Temple, determine;

(f)with the previous sanction of the State Government to acquire or purchase land or buildings required for the purpose of development and carrying out schemes of the Devasthan Trust and to carry out the objectives or purposes of the trust: Provided that, before acquiring or purchasing any land or building, a certificate from the Government Approved Valuer shall be obtained by the Committee;

(g)to expand the library of the literature of the Shree Shanaishwar;

(h)to collect the daily offerings, received either in cash or kind including dakshina, bhog, donation, subscriptions and the like in the Devasthan Trust or within the precincts thereof, to the exclusion of any other person, and to ensure the safe-custody of the valuable security, jewellery, ornaments and all other offerings so collected:

Provided that, the cash, offerings received in cash Box, Hundi or otherwise shall be counted in the presence of the Assistant Charity Commissioner, Ahmednagar or his representative; and where offerings received are in kind, the Committee shall cause the valuation thereof to be determined by the Government Approved Valuer;

(i)in respect of DevasthanTrust under its control credit to the Trust Fund, the cash, offerings so received, and where the offerings received in kind are sold, the proceeds thereof, received by the Committee;

(j)generally do all such acts as may be incidental, conducive or necessary for the purposes of proper and efficient management, maintenance and administration of the properties and affairs of the Devasthan Trust; and to charge such fees for providing services through its sevekaris as the Committee may, from time to time, determine.

(2)

(a)No immovable property vested in the Devasthan Trust shall be leased for more than a year, or mortgaged, sold or otherwise alienated, by the Committee except with the previous sanction, in writing, of the State Government.

(b)No jewellery, ornaments and other valuable movable property vested in the Devasthan Trust, the value of which is more than fifty thousand rupees, shall be sold, pledged or otherwise alienated by the Committee, except with the previous sanction, in writing, of the State Government.

(c)The Committee shall have no power to borrow money from any person or party, except with the previous sanction, in writing, of the State Government.

(d)Subject to the prior approval of the State Government, the Committee shall have all the powers not otherwise specifically provided under this Act, but are necessary for performing its duties and functions under this Act.

16. Power of Committee to grant licence.

(1)Any person who desires to sell flowers, prasad, books and other literature, pictures and any other material approved by the Committee or to look after cars and other vehicles, bicycles, shoes, umbrellas or other personal effects within and on the precincts of the premises of the Devasthan Trust shall apply to the Committee for grant of a licence or renewal thereof in such manner and within such period as may be provided by bye-laws.

(2)Every such application shall be accompanied by such fee as the Committee may specify in this behalf by bye-laws.

(3)The Committee may grant or renew the licence or for reasons to be recorded in writing refuse to grant or renew the licence.

(4)All the licences granted or renewed under this section shall be subject to the provisions of this Act and the rules and bye-laws made thereunder.

17. Power to cancel or suspend license.

(1)Subject to the provisions of sub-section (2), the Committee may, for reasons to be recorded in writing, suspend or cancel a licence,-

(a)if the licence has been obtained through wilful misrepresentation or fraud;

(b)if the licensee or any servant or any person acting on his behalf with his express or implied permission, commits a breach of any of the terms and conditions of the licence;

(c)if the licensee has become an insolvent; or

(d)if the licensee is convicted of any offence involving moral turpitude.

(2)No licence shall be suspended or cancelled under this section unless a reasonable opportunity to show cause against such suspension or cancellation has been given to such licensee.

Chapter V
Executive Officer and Other Officers

18. Appointment of Executive Officer and other officers and employees of Committee.

(1)The State Government shall appoint a person to be the Executive Officer from amongst the officers not below the rank of the Deputy Collector, for the purposes of this Act. He shall hold the office ordinarily for a period of three years from the date of his appointment unless his term of office is determined earlier by the State Government by an order issued in this behalf.

(2)When a temporary vacancy occurs in the office of the Executive Officer, by reason of sickness or leave or any other reason, the State Government shall at the earliest opportunity fill up the vacancy by appointing an officer from amongst the officers not below the rank of Deputy Collector for the period of absence of the Executive Officer.

(3)He shall be the ex-officio Secretary of the Management Committee.

(4)Other officers and employees of the Committee shall be appointed on such terms and conditions of services as may be determined by regulations duly approved by the State Government.

(5)The Executive Officer shall, as soon as may be, after the commencement of this Act or after the appointed day, as the case may be, prepare a schedule setting forth therein the duties, designation and grades of officers, employees and the particulars relating to the salaries and allowances or honorariums payable to them, to the State Government through the Management Committee for the approval. Such schedule shall come into force on approval of the State Government. No change shall be made in such schedule without the sanction of the State Government:Provided that, no officer or employee, who is paid or is to be paid a salary of more than thousand rupees per month, shall be appointed by the Committee, without the previous approval of the State Government.

(6)The salary and allowances and other expenses of the Executive Officer and other officers and employees of the Committee shall be paid out of the Management Fund.

19. Powers and duties of Executive Officer.

(1)The Executive Officer shall, subject to the superintendence, direction and control of the Committee, have power to carry out its decisions and orders in accordance with the provisions of this Act and the rules, regulations and bye-laws made thereunder.

(2)Notwithstanding anything contained in sub-section (1), the Executive Officer shall be responsible for the custody of all records and properties of the Devasthan Trust and shall make proper arrangement for collection of offerings, dakshina, bhogs or bhets and the like, whether in cash or kind, made in the Devasthan Trust and he shall have power,-

(a)to take disciplinary action against any officer or employee of the Committee;

(b)to propose the suspension of any officer or employee of the Committee to the Committee;

(c)to grant lease of the lands and buildings which are ordinarily leased out for a period not exceeding one year at a time;

(d)to call for tenders for works or for supplies, and accept such tender, when the amount or value thereof does not exceed one lakh rupees;

(e)to decide disputes between employees of the Committee ;

(f)to dispose of perishable offerings, by auction or otherwise, and credit the sale proceeds to the Trust Fund;

(g)to undertake urgent repairs or measures required for safety or convenience of the devotees;

(h)to do all other acts and things, including grant of licences, which he is empowered to do by the Committee or under the regulations:

Provided that, the exercise of powers under clauses (a), (b) and (c) shall be subject to the directions of the Committee, if any, issued either generally or specially in that behalf.

(3)The other officers and employees of the Committee shall exercise such powers and perform such duties and functions as are assigned to them by the Committee or the Executive Officer or under the regulations.

20. Emergency power of Executive Officer.

- Subject to the post facto approval of the Management Committee in the consecutive meeting, the Executive Officer may, in case of emergency, direct execution of any work or the doing of any act, involving expenditure not exceeding rupees three lakh which is not provided for in the budget for the year and the immediate execution or the doing of which is in his opinion necessary for the preservation of the properties of the Devasthan Trust or the services or safety of the pilgrims resorting to the Devasthan and may also direct that such expenses not exceeding three lakh rupees for executing such work or doing of such act, shall be paid from the Trust Fund.

21. Terms and conditions of service of the Executive Officer, other officers and employees.

(1)The Executive Officer shall be the servant of the State Government, but he shall draw his salary and allowances directly from the Management Fund; and his conditions of service on deputation to the Committee shall be such as may be determined by the State Government.

(2)The terms and conditions of service, qualifications, method of recruitment, duties and functions, pay, allowances, honorarium, discipline and conduct of the other Officers, servants, employees of the Committee, shall be such as may be determined by the Committee with the approval of the State Government; and as far as may be practicable, but subject to the provisions of this Act, they shall not be inferior to the existing conditions of service. Their pay and allowances shall be paid from the Management Fund.

(3)There shall be paid, every year out of the Management Fund to the State Government, such cost or amount as the State Government may determine on account of pension, leave and allowances (other than those drawn from the Management Fund) payable to the Executive Officer.

22. Allocation of employees of erstwhile trust to Devasthan Trust.

- Every person who, immediately before the appointed day, is serving in connection with the affairs of the erstwhile trust shall be deemed to have been allocated and appointed for service as from the appointed day, for service under the Committee in connection with the affairs of the Devasthan Trust, on the same salary and other terms and conditions of service which were applicable to him immediately before the appointed day to the Devastan Trust; and such conditions of service shall not be varied to his disadvantage or such employee shall not be removed from service by the Committee, except with the previous approval of the State Government:Provided that, nothing in this section shall affect the powers of the Committee to terminate the services of any such person in accordance with the provisions of this Act and the regulations made by the Committee, with the approval of State Government.

23. Punishment by Committee.

- Subject to the provisions of this Act and the rules and regulations made thereunder, the Committee may impose any of the punishments shown below, for breach of trust, incapacity, disobedience of lawful order or neglect of, or wilful absence from duty, disorderly behaviour or conduct derogatory to the discipline or dignity of the Devasthan Trust or for any other sufficient cause, namely:-

(a)removal from service;

(b)recovery, from emoluments or perquisites, of the whole or part of any pecuniary loss caused to Devasthan by negligence or breach of order or disorderly behavior or conduct;

(c)any other minor punishment as may be prescribed with the prior approval of the State Government.

24. Appointment of officers and employees.

- No person shall be considered for appointment to any post or vacancy on the ground merely, that he is entitled for such appointment according to,-

(i)any scheme framed, agreement entered or judgement, decree or order passed by any court, tribunal or other authority prior to the date of commencement of this Act;

(ii)any custom or usage; or

(iii)the principle that he is next in the line of succession to the last holder of office.

Chapter VI
Funds of the Devasthan Trust

25. Trust Fund.

(1)The Devasthan Trust, shall have its own Fund to be called "Shree Shanaishwar Devasthan Trust Fund" which shall vest in the Lord Shani.

(2)The following shall form part of, or be paid into, the said Trust Fund,-

(a)all funds vested in the deity by virtue of the provisions of section 3;

(b)all sums received by way of offerings, gifts or donations to the deity or by way of Puja charges of any nature or by way of sale proceeds by auction of such things received in kind;

(c)income derived from the movable and immovable properties of the Trust and the proceeds of sale, lease or other transfer or mortgage of any such properties;

(d)any contributions or grants made to the Devasthan Trust by Government or by any local authority, trust or other institution, party or person;

(e)any sums due to the Devasthan Trust and recovered by the Committee;

(f)any other sums borrowed by the Committee;

(g)any fees, fines and penalties , if any, recovered, and all recoveries made by the Committee, under this Act; and

(h)all other sums including licence fee and lease rent received or collected by the Committee or a member or officer or employee thereof, for or on behalf of the Devasthan Trust.

(3)All monies and other valuable articles belonging to the Trust Fund shall be deposited or kept only in the Nationalized Bank as defined in the Reserve Bank of India Act, 1934 or be invested in "the public securities" as defined in clause (12) of section 2 of the Public Trusts Act, and in accordance with such guidelines as may be issued by the State Government, from time to time.

(4)The Trust Fund shall be operated by an office bearer or a member of the Managing Committee and an officer of the Committee as are authorized by the Committee in this behalf in the manner and subject to such conditions, as may be prescribed.

26. Utilisation of Trust Fund.

(1)The Trust Fund shall, subject to the provisions of the Income Tax Act, 1961, be utilised or expended by the Committee for all or any of the following purposes, namely:-

(a)the maintenance, management and administration of the Devasthan Trust and of its properties;

(b)training of sevaks to perform religious worship and ceremonies in the Devasthan ;

(c)the conduct and performance of the rituals, worship, ceremonies and festivals in the Devasthan Trust according to the customs and usages ;

(d)providing facilities and amenities to the devotees for darshan of the deity and for offering prayers or performing any religious service or ceremony in the Devasthan Trust ;

(e)to provide meals to the devotees and to run Annachhatra;

(f)for propagating the teachings of the deity, or religious tenets in any Hindu religious institution;

(g)repayment of any sum borrowed by the Committee;

(h)any sum required to satisfy any judgement, decree or award of any court, tribunal or any authority;

(i)the payment of any taxes, rent, compensation, charges and other sum payable by the Devasthan Trust under any law for the time being in force;

(j)for development of the properties of the Devasthan Trust; or for acquisition of movable or immovable properties;

(k)construction and maintenance of rest houses, Dharmashalas or dormitories for the accommodation and use of the devotees; and

(l)for fulfilling the duties and powers specified in section 15.

27. Management Fund and its utilisation.

(1)There shall be constituted a separate fund to be called the Management Fund, which shall vest in, and be, under the control of, the Committee.

(2)Having regard to the balance, if any, available in the Management Fund, there shall be placed to the credit of this Fund, every year, such sum, not exceeding ten per cent of the approximate gross annual income of the Trust in the last preceding year, as may be fixed by the Committee, with the approval of the State Government. The State Government may, at any time, if found necessary, direct any additional sum to be credited to this Fund from the Trust Fund in any year.

(3)The Management Fund shall, subject to any general or special order of the State Government, be applied to-

(a)the payment of travelling and daily allowances to the Chairman, Vice-Chairman, Treasurer and other members of the Committee;

(b)the payment of salaries, allowances and other sums payable to the Executive Officer, other officers and employees of the Committee;

(c)the payment of any expenses lawfully incurred by the Committee or any office bearer or member or officer or employee, in the exercise of their powers and performance of their duties and functions under this Act.

(4)The Management Fund shall be operated in same manner as the Trust Fund is operated under sub-section (4) of section 25.

28. Offerings received in cash or kind.

- The Committee may, install one or more receptacles such as Hundi or Cash Box or both at such place or places in the Devasthan or within the precincts thereof as it may think fit for placing of offerings by the pilgrims and devotees visiting the Devasthan.

Chapter VII
Budget, Accounts and Audit

29. Executive officer to submit budget to State Government.

(1)The Executive Officer shall, at least one month before the commencement of each financial year, prepare in the prescribed manner and form, a budget estimate of receipts and expenditure of the Devasthan Trust for the following year, and place it before the Committee which may approve it without modifications, or with such modifications, as it may deem fit.

(2)Every such budget shall make adequate provision for,-

(a)the scale of expenditure including any customary expenditure;

(b)the due discharge of all liabilities binding on the trust or religious institution;

(c)expenditure on religious, educational and charitable purposes including donations to other trusts or religious institutions or patients consistent with the objects of the Devasthan Trust or as provided or authorised by or under the provisions of this Act;

(d)for the encouragement and the spread of religious instructions according to the tenets of the Devasthan Trust;

(e)expenditure on construction, repairs and renovations of the buildings and preservation and protection of the properties and assets of the Devasthan Trust; and

(f)the amount of expenditure that may be incurred by a Committee or the Executive Officer towards the administration of the Devasthan Trust.

30. Accounts.

(1)The Committee shall keep regular accounts of all receipts and disbursements for each financial year and shall contain all the particulars as may be prescribed.

(2)Wherever the State Government has reason to believe that,-

(a)the Committee is not keeping regular accounts of all receipts and disbursements as required under sub-section (1); or

(b)the expenditure in relation to a Devasthan Trust is not being incurred in accordance with the budget; or

(c)it has become necessary to ascertain the fiscal position of the Devasthan Trust; the State Government may direct the Committee,-

(i)to furnish true and audited accounts of the Devasthan Trust and in relation to such period as may specify; or

(ii)where the accounts are not annually audited, to get the accounts in relation to such period as he may specify, audited by the auditor appointed under sub-section (1) of section 31.

31. Audit.

(1)The accounts shall be audited or cause to be audited annually by the Committee in accordance with the manner prescribed in rules made in this regard, and such rules shall also include the provisions for appointment of auditor and remuneration which shall be paid to such auditor from the Trust Fund.

(2)Every auditor conducting any audit under this Act, shall have access to the accounts and to all books, vouchers, other documents and records in possession of, or under the control of, the Committee. The Committee and the Executive Officer shall provide to such auditor all facilities for such access.

(3)The auditor shall submit his report to the Committee.

Chapter VIII
Control

32. Power of State Government to give direction, call for report, document, etc.

(1)The State Government may, give to the Committee general directions as to the matters of policy to be followed by the Committee in respect of its powers and duties or in the matter of administration of the Devasthan Trust and any matter ancillary or incidental thereto; and in particular, for any action to be taken for the purpose of maintaining discipline and order during the festivals in, or connected with, the Devasthan.

(2)The State Government or an officer authorised by the State Government in that behalf may, suo moto or on an application made to it by any person having interest in the Devasthan, call for such information, accounts, report or other documents or copies or extracts therefrom, relating to the Devasthan Trust as considered necessary to satisfy itself or himself that the Devasthan Trust is being properly maintained and administered, and whether the Trust Fund is being duly appropriated to the purposes for which it is constituted, and the said Devasthan Trust shall, on such requisition, furnish forthwith the information, accounts, report or other documents or copies or extracts therefrom, to the State Government, or as the case may be, to such authorised officer.

33. Inspection by Government.

- The State Government may, depute any officer not below the rank of Deputy Secretary wherever considered necessary, to inspect any movable or immoveable property, records, correspondence, plans, accounts and other documents relating to the Temple and thereupon the Committee, its officers and employees shall be bound to afford all facilities to such officers for inspection.

34. Power of State Government to suspend or rescind any resolution or order, etc. of Committee.

(1)If, in the opinion of the State Government, the execution of any resolution, decision or order of the Committee or that the doing of any act which is about to be done or is being done by or on behalf of the Committee in contravention of or in excess of the powers conferred by or under this Act or any other law for the time being in force, or is likely to lead to abuse or misuse of, or to cause waste of the Trust Fund or Management Fund, or is likely to cause injury or annoyance to the public or is against public interest, or is likely to lead to a breach of the peace or is unlawful, it may, by order in writing, suspend or cancel, the execution of such resolution or order or prohibit the doing of any such act for such period as it may specify therein. When the State Government makes any order, it shall forthwith forward to such Committee a copy of the order, indicating therein the reasons for making it.

(2)Within thirty days from the date of the receipt of such order, the Committee may, if it thinks fit, make representation to the State Government, in writing indicating therein, why the order of the State Government should be rescinded, revised or modified. If no such representation is received by the State Government within the prescribed time, it shall presume that the Committee has no objection if the order of the Government is confirmed:Provided that, the State Government shall, before making such order, take into consideration the representation of the Committee, if received before such an order is made.

(3)On receipt of such representation from the Committee, the State Government may, within a period of six months from the date of receipt of such representation, rescind the order or may revise or modify or confirm the order or direct that the order shall continue to be in force with or without modification.

(4)In a case where the record of any proceeding or decision or order of the Committee is called for by the State Government under sub-section (1), it may stay the execution of any such decision or order pending the exercise of its power under sub-section (1).

35. Public officers to furnish copies or extracts from certain documents.

- All public officers having custody of any record, register, report or other documents relating to the Devasthan Trust or to any movable or immovable property thereof shall furnish such copies of, or extracts from, the same as may be required by the Committee or by the Executive Officer.

36. Dissolution and supersession of Committee.

(1)If the State Government is of the opinion that the Committee appointed under this Act is not competent to perform or makes persistent default in performing the duties imposed on it by or under this Act or any other law for the time being in force or the rules made thereunder, or fails in complying with the lawful directions, including those arising out of audit of accounts of the Devasthan Trust or out of inspection of its office, the property or work thereof, or exceeds or abuses its powers, or if it is necessary or expedient for any other reason whatsoever which may be considered sufficient by the State Government, it may, after due enquiry, by notification in the Official Gazette, curtail the term of office bearers and members of the Committee and dissolve the Committee and constitute another Committee within a period of six months from the date of dissolution; or supersede the Committee by a like notification for such period not exceeding six months, as the State Government may deem fit, and communicate to the Committee in writing, the ground on which it is dissolved or superseded.

(2)The term of the Committee constituted under sub-section (1), may be for the remainder term of the Committee in place of which it has been constituted or, subject to the provisions of sub-section (1), for a full period of three years, as the State Government may, by the notification in the Official Gazette, specify.

(3)Where the Committee is dissolved or superseded under sub-section (1), the State Government shall appoint for a specified period, a person to be an Administrator from amongst the persons in the service of the State Government or from the persons who have retired from such service (such person not being below the rank of a Collector) to exercise the powers and to perform the functions of the Committee under this Act, until the constitution of another Committee or till the expiry of the period of supersession, as the case may be.

(4)The State Government may, by order issued in that behalf, fix remuneration and other conditions of service of the Administrator appointed under sub-section (3). His remuneration and allowances shall be paid from the Management Fund.

37. Penalty for wrongful withholding of property belonging to Devasthan Trust.

- Any person who,-

(a)having in possession, custody or control of any property, document or books of accounts belonging to the Devasthan Trust , the management and control of which has been regulated under the provisions of this Act or the rules framed thereunder, wrongfully withholds such property or documents or books of accounts from the Devasthan Trust or any other person duly authorised by the Government or the Committee to inspect or call for the same; or

(b)wrongfully obtains possession of, or retains any property, document or books of accounts of Devasthan Trust or wilfully withholds or fails to furnish or to deliver to the Committee or any other person authorised by it in this behalf; or

(c)wrongfully removes, destroys or mutilates property, documents or books of accounts of the Devasthan Trust, shall, on conviction, be punishable with imprisonment for a term which may extend to one year, and with fine, which may extend to ten thousand rupees.

Chapter IX
Preparation and Maintenance of Registers by the Trust

38. Preparation and maintenance of registers by Devasthan Trust.

(1)For the Devasthan Trust, there shall be prepared and maintained, in such form and manner as may be prescribed, a register showing,-

(a)the origin and history of the Devasthans Trust, and the name of the erstwhile trust's Committee members including the present, and particulars as to the custom and usage, if any, regarding succession to the office of the trustee or its membership;

(b)particulars of the scheme of administration, if any, and of the scale of expenditure;

(c)the name of all offices to which any salary, emolument or perquisite is attached and the nature, time and conditions of service in each case;

(d)the money, jewels, gold, silver, precious stones, vessels, utensils, articles and other movable properties of the Devasthan Trust with their weights, details of the constituent elements and estimated value thereof;

(e)particulars of immovable properties and all other endowments of the Devasthan Trust and all title deeds and other documents;

(f)detailed particulars of constituent elements of and coloured photographs of the idols and other images in or connected with the Devasthan Trust whether intended for worship or for being carried in procession;

(g)particulars of ancient or historical records with their contents in brief.

(2)The register shall be prepared, signed and verified by a member of the Committee so authorised by it or by the Executive Officer of the Committee.

Chapter X
Miscellaneous

39. Suits and other proceedings by or against.

- In all suits and other legal proceedings by or against the Devasthan Trust or the Committee, the pleadings shall be signed and verified by the Executive Officer and all processes in such suits and proceedings shall be issued to, or served on, the Executive Officer.

40. Continuance of legal proceeding by or against erstwhile public trust and construction of reference to that trust.

(1)Where the erstwhile trust or any trustee or Committee thereof was, immediately before the appointed day, a party to any legal proceedings with respect to any property, rights, liabilities or obligations since vested in the reconstituted Devasthan Trust under section 3, by the name of the erstwhile trust, the said reconstituted Devasthan Trust or its Committee, shall be deemed to have been substituted for the erstwhile trust or its trustees or Committee, as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings shall continue accordingly.

(2)Any reference to the erstwhile trust or its trustees or Committee in any law for the time being in force or in any rule, regulations, notification or order issued thereunder, or in any instrument or other document shall, on and after the appointed day, or the date of commencement of this Act, as the case may be, unless the context otherwise requires, be construed as a reference to the Devasthan Trust, as reconstituted under section 3 or its Committee, as the case may be.

41. Annual report of Committee.

(1)The Committee shall cause to be prepared an annual report, including the administration report of the Devasthan Trust and Auditor's report for each financial year ending on the 31st March, showing therein the financial status and the details of income and expenditure of the Devasthan Trust with a detailed list together with the relevant information of donee institutions (with full address), and the patients to whom financial assistance was given by the Devasthan Trust and the amount of such financial assistance, and submit such report, list and information to the State Government not later than the 30th June of that year.

(2)A copy of the report received under sub-section (1) shall be laid, by the State Government, as soon as may be, after it is received, before each House of the State Legislature, and a copy of the report or any extracts thereof shall be furnished by the Devasthan Trust to any person demanding the same, on payment of such reasonable fees or charges as determined by the Committee.

42. Members of Committee and officers and employees of Devasthan Trust to be public servant.

- The members, the Executive Officer and all the officers and employees of the Devasthan Trust shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code and clause (c) of section 2 of the Prevention of Corruption Act, 1988.

43. Protection of action taken in good faith.

- No suit, prosecution or other legal proceeding shall lie against the State Government, or its servants, the Committee or any member, officer or employee of the Committee, for anything which is done in good faith or intended to be done under this Act or the rules and regulations made thereunder.

44. Acts to override other laws, etc.

- The provisions of this Act shall have effect, notwithstanding anything contained in the Public Trusts Act or any other law for the time being in force, or in any scheme of management framed thereunder before the appointed day or in any judgement, decree or order of any court, tribunal, Charity Commissioner or other Competent Authority or in any custom, usage or instrument.

45. Provisions of the Maharashtra Rent control Act, 1999 not to apply.

(1)Notwithstanding anything contained in the Maharashtra Rent Control Act, 1999, the provisions of the said Act shall not apply to any tenancy created in respect of the property of the Devasthan Trust as reconstituted under this Act or to any accommodation provided by Devasthan Trust.

(2)For the removal of doubt it is hereby declared that any suit or proceeding instituted by a tenant in respect of any building or part thereof owned by Devasthan Trust to which the provisions of the Maharashtra Rent Control Act, 1999 shall not apply, pending before any Court or other authority, shall stand abated and all rights and privileges conferred by the said Act or by any other law for the time being in force shall cease and shall become unenforceable.

(3)Nothing contained in this section shall be deemed to render invalid any suit or proceeding in which a decree or order passed has been executed or satisfied in full before the appointed day.

46. Power to make rules.

(1)The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(2)Except when rules are made for the first time, rules made under this Act, shall be subject to the condition of previous publication:Provided that, if the State Government is satisfied that circumstances exist which render it necessary to take immediate action, it may, after recording the reasons therefor in the notification, dispense with the previous publication, of any rule to be made under this section.

(3)Every rule made under this section shall be laid, as soon as may be, after it is made, before each House of the State Legislature, while it is in session for a total period of thirty days, which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall from the date of publication of such notification have effect only in such modified form or be of no effect, as the case may be; so however that, any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

47. Power to make regulations.

(1)The Committee may make regulations, not inconsistent with this Act or any rule, which may be necessary or expedient for the purposes of carrying out its duties and functions under this Act.

(2)No regulation made by the Committee shall come into force until it has been confirmed, with or without modification, by the State Government or by the Charity Commissioner when so authorised by the State Government in that behalf.

(3)All regulations made under this section shall be published in the Official Gazette.

48. Removal of difficulties.

(1)If any difficulty arises in giving effect to any of the provisions of this Act, the State Government may, as occasion arises, by an order published in the Official Gazette, do anything not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the purpose of removing the difficulty:Provided that, no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.

(2)Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature.

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