Section 7 in The Shree Karveer Niwasini Mahalaxmi (Ambabai) Mandir (Kolhapur) Act, 2018
7. Application for compensation on abolition of rights or shares to Tribunal.
(1)Any person whose customary or hereditary rights or share or shares have been abolished under section 5 or 6, as the case may be, may, within ninety days from the appointed day, apply to the District Court for adjudication of the amount of compensation payable to him as a result of such abolition of his rights, share or shares ; and such application shall be accompanied by a fee proportionate to 1/30 part of claimed amount subject to maximum of rupees ten lakhs; by stating the nature of his right and privilege, the grounds of his claim, the extent of his share in the amount, the document, if any, evidencing such share and the names of persons who are co-sharers.(2)The District Court shall hold an inquiry, and if the District Court is satisfied that the applicant has established his claim to any right or privileges, the District Court shall make an order specifying the amount payable to the applicant. Where there are co-sharers claiming the amount, the District Court shall apportion the amount between the co-sharers.(3)In determining the amount of compensation, the District Court may take into consideration the provisions of the scheme made by any court for the administration of any Temple, and the decisions of the competent courts recorded before the appointed day in relation to the customary hereditary rights and privileges of persons having any interest in the income from the Trust; but in no case shall the amount determined exceed two and half times the average annual income such aggrieved person was receiving or collecting.Explanation. - Average income shall be determined on the basis of last ten years income before the appointed day. If the aggrieved person's average annual income, so determined, was rupees one thousand, the compensation shall in no case exceed rupees two thousand five hundred.(4)The District Court shall not take into consideration any income alleged to be derived by any person having interest in respect of which such person has not kept any account before the appointed day unless the District Court on evidence adduced before it, is satisfied about the amount of income lawfully derived by him from his customary, hereditary right and privilege abolished and acquired.(5)In determining the amount of compensation, the District Court shall have regard to the following factors:-(a)the deity is a juristic person and any offering, gift or donation to the deity is, in law, the property of the deity ;(b)the application or claimant or his predecessor has appropriated the offerings, share or income over a period of time and thus accumulated a corpus ;(c)such accumulated corpus or its part also had yielded or potential to yield monetary returns ;(d)the compensation is to be paid from trust fund, the primary source of which is the property of deity ;(e)the trust fund is to be utilized for the administration and management of the temple trust, and(f)therefore, the compensation ordered to be paid shall not be excessive exorbitant and onerous to the temple trust.(6)Every order made by the District Court shall be in writing signed by Judge, and shall specify the amount of compensation if any, ordered to be given together with reasons for giving the said amount, or rejecting the claim, as the case may be.(7)Every such order shall be deemed to be a decree and the Statement of the reasons of every such order, a judgment within the meaning of clause (2) of section 2, and clause (9) of section 2, respectively, of the Code of Civil Procedure, 1908 (V of 1908).(8)Every such order shall also state the amount of costs incurred in the proceedings under this chapter and by what persons and in what proportions they are to be paid.(9)An appeal shall lie to the High Court against any decision of the District Court under this Act as if such decision was a decree from which an appeal ordinarily lies.(10)On making such order under this section, the Executive Officer shall, out of the Trust Fund, tender the payment of the amount as ordered by the District Court to the person entitled thereto according to the order and shall pay it to them :Provided that, if they shall not consent to receive it, or if there be any dispute as to the eligibility of any person to receive the amount or as to the apportionment of it, such amount shall be deposited in the District Court:Provided further that, nothing herein contained shall affect the liability of any person who may receive the whole or any part of any amount under this Act to pay the same to the person lawfully entitled thereto.(11)When any amount shall have been deposited in the District Court under this Act, the District Court may, on the application of any party interested or claiming an interest in such amount, order the same to be invested in such Government or other approved securities as it may think fit and may direct the interest or other proceeds of any such investment to be accumulated and paid in such manner as it may consider and shall give the parties interested therein the same benefit therefrom as they might have had if they themselves had invested the same.(12)When the amount is not paid or deposited, as provided above, the Executive Officer shall pay the amount ordered by the District Court, with interest thereon at the rate of four per cent per annum from the date of expiry of thirty days from the date of the order until it shall have been so paid or deposited.(13)No suit or proceeding shall lie to any other court in respect of the matters covered under this section.
