1

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L. A. BILL No. XXXIII OF 2018.

A BILL

to provide for better management in the Shree Karveer Niwasini

Temple, Kolhapur and to make better provisions therefor and the

abolition of all the hereditary rights, privileges of priest functioning in

the said Temple and for the acquisition of such rights and privileges

and for the vesting thereof in the Committee established for the purpose;

for providing for better administration and governance of the said

Temple and for matters connected therewith and incidental thereto.

WHEREAS there are certain Temples or religious institutions or

endowments created for a public religious or charitable purpose, which

vest in, or the management of which vests in, the State Government and

which are registered as, or declared to be public Trust by notification

issued in exercise of the powers conferred by sub-section (2) of section 56C

of the Maharashtra Public Trusts Act in the Kolhapur, Sangli, Sindhudurg

and Palghar districts of the State of Maharashtra and their management

XXIX of

1950.

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+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö

´É¹ÉÇ 4, +ÆEòú 24(3)]

¤ÉÖvÉ´ÉÉ®ú, ¨ÉÉSÉÇ 28, 2018 / SÉèjÉ 7, ¶ÉEäò 1940

[{ÉÞ¹`ä 29, ËEò¨ÉiÉ : ¯û{ɪÉä 27.00

+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEòú 57

|ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ

¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxɨÉÆb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉɱÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ Ê´ÉÊvÉ ´É xªÉɪÉ

ʴɦÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation

in English of the Shree Karveer Niwasini Mahalaxmi (Ambabai) Mandir (Kolhapur) Bill, 2018

(L.A. Bill No. XXXIII of 2018), introduced in the Maharashtra Legislative Assembly on the

27th March 2018, is hereby published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

RAJENDRA G. BHAGWAT,

I/c. Secretary (Legislation) to Government,

Law and Judiciary Department.

————————

RNI No. MAHENG /2009/35528

(1)

¦ÉÉMÉ +É`ö------57-1

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2

were transferred by the State Government under section 56D of the said

Act to the Devasthan Management Committee, Western Maharashtra,

Kolhapur, established under sections 56E, 56F and 56I of the said Act; and

the Shree Karveer Nivasini Temple is one of such Temple and included in

the said notification;

AND WHEREAS various issues are raised in the Maharashtra

Legislative Assembly regarding the mismanagement in the said Temple

and complaints are received by the State Government regarding activities

of Shripujak and the rights and privileges of Shripujak’s in the said Temple;

AND WHEREAS it is expedient to provide for better management in

the Shree Karveer Nivasini Temple, Kolhapur and to make better provisions

therefor;

AND WHEREAS, after considering the views expressed in the State

Legislature, the State Government is of opinion that the steps should be

taken forthwith to enact a law for that purpose; and also to abolish all the

hereditary rights and privileges of Shripujak’s or any person performing

nitya or daily or occassional pujas in the said Temple; and to provide for

the acquisition and vesting of such rights and privileges in the Committee;

and for the payment of amounts as compensation for the acquisition of such

rights and privileges; and for appropriation of the income accruing from

the offerings, Dakshina, donations or gifts made to the idols or deities in

the Temple or made for the purpose of development and management of

the Temple or any property thereof, with a view to increase the better

utilization of the same for the purpose of the Temple, and of the idols of

deities therein of and for the matters connected therewith or incidental

thereto;

AND WHEREAS it is expedient to make a law for the purposes

aforesaid; it is hereby enacted in the Sixty-ninth Year of the Republic of

India as follows :—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Shree Karveer Niwasini Mahalaxmi

(Ambabai) Mandir (Kolhapur) Act, 2018.

(2) It shall come into force on such date as the State Government

may, by notification in the Official Gazette, appoint.

2.

In this Act, unless the context otherwise requires, —

(1) “appointed day” means the date specified in the notification

issued under sub-section (2) of section 1;

(2) “Devasthan Management Committee” means the Devasthan

Management Committee, Western Maharashtra Kolhapur established

under sections 56E, 56F and 56I of the Maharashtra Public Trusts Act;

(3) “Committee” or “Management Committee” means the

Management Committee appointed under section 8;

(4) “District Court” means the District Court at Kolhapur;

(5) “Executive Officer” means the Executive Officer of the

Committee appointed under section 21 ;

(6) “Member” means a member of the Committee, and includes any

office – bearers thereof whether called as, the Chairman, Vice-Chairman

and Treasurer or by any other designation;

Short title

and

commence-

ment.

Definitions.

XXIX of

1950.

3

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(7) “Management Fund” means the management fund constituted

under section 30 ;

(8) “prescribed” means prescribed by rules made by the State

Government under this Act ;

(9) “public Trust’’ means a public trust registered under the

provisions of the Maharashtra Public Trusts Act ;

(10) “regulations” means the regulations made by the Committee

under section 52 ;

(11) “rules” means the rules made under this Act;

(12) “Shripujak”, in relation to severs or services performed in the

Temple, means the persons known as pujari or service providers, by

whatever name or designation known or called and traditionally

performing and rendering any or all kinds of religious services in the

Shree Karveer Niwasini Mahalaxmi (Ambabai) Temple on the date of

commencement of this Act ;

(13) “Temple”means the Shree Karveer Niwasini Mahalaxmi

(Ambabai) Temple at Kolhapur;

(14) “Trust’’ means the public trust as constituted under sub-section

(1) of section 3;

(15) “Trust Fund” means the fund of the Temple Trust or religious

institution constituted under section 28;

(16) “year” means the financial year; and

(17)

words and expressions used in this Act but not defined shall

have the meanings respectively assigned to them in the Maharashtra

Public Trusts Act.

CHAPTER II

RECONSTITUTION AND TRANSFER OF PROPERTY OF THE RELIGIOUS INSTITUTION

3. (1) On and with effect from the appointed day, the public trusts

registered under the Maharashtra Public Trust Act, by the name Shree

Karveer Niwasini, at Karveer with number A-1493, which vest in, and the

management of which vests in, the State Government, shall be deemed to

be reconstituted under this Act as a public trust by the name of ‘Shree

Karveer Niwasini Mahalaxmi (Ambabai) Temple Trust, Kolhapur’.

(2) On the appointed day, all the properties, whether movable or

immovable (including all assets, rights, funds, liabilities and obligations) of

the erstwhile public Trust (hereinafter referred to as the “Temple Trust”)

shall, by virtue of, and in accordance with, the provisions of this Act, stand

transferred to, and vested in the management committee or the purposes

of the Temple 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 Devasthan Management Committee functioning

in relation to the Temple Trust immediately before the appointed day shall

cease to function; and all its powers, duties, rights and privileges, if any,

in relation to the Temple Trust shall vest in the Management Committee.

XXIX of

1950.

XXIX of

1950.

XXIX of

1950.

Reconstitution

of Trust or

religious

institution

and transfer

to and

vesting of

properties.

¦ÉÉMÉ +É`ö------57-1+

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4

4. (1) The Devasthan Management Committee 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 Temple 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) There shall be a separate committee headed by Additional Collector,

Kolhapur District consisting of the Superintendent of Land Records, Joint

District Registrar (Stamps and Registration), Sub-Divisional Officer of

Kolhapur District and the Executive Officer as the ex officio Secretary of

the committee. Such committee shall prepare the report of the inventory

of the immovable property of the erstwhile Trust, in the format given by

the State Government with the relevant documents. The Devasthan

Management Committee shall provide all the relevant documents under

their control to such committee.

Such committee shall submit its report to the State Government and

the Management Committee of Shree Karveer Niwasini Mahalaxmi

(Ambabai) Temple. The Management Committee shall take necessary action

in respect of the immovable property held by the Trust. Upon submission

of such report by the such committee, the State Government shall issue

necessary orders for the management of the immovable property.

(3) 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.

(4) On so handing over or transferring any such property of the

erstwhile Temple Trust to the Executive Officer and obtaining a receipt

thereof under sub-section (2), the transfer or shall stand released and

discharged from all claims and demands or liability in respect of that

property.

(5) Immovable property held by the Temple 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.

(6) No instrument alienating the immovable property of the Temple

Trust without following the procedure mentioned in this section shall be

valid.

Transfer of

possession of

valuables and

properties to

Trust.

5

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5. (1) With effect from the appointed day, notwithstanding anything

contained in any compromise or agreement entered into or scheme, or

farman, or sanad or grant or order of any ruling authority for the time

being or judgment, decree or order of any Court, Tribunal or other

authorities passed prior to and in force on the aforesaid day,—

(a) all rights, whether customary or hereditary, contractual or

otherwise, or privileges of a person or Committee holding any office

of the Shripujaks or any other office or service or post by whatever

name called or of whatever nature they may be, in performing puja,

archana, upchars of any kind whatsoever, in the Temple shall, stand

abolished ;

(b) any usage or practice relating to the succession to any office

or service or post mentioned in clause (a) shall be void ;

(c) all rights and emoluments of any nature in cash or kind or both

accrued to and appertaining to any office or service or post mentioned

in clause (a) and subsisting on the appointed day, shall stand

extinguished.

6.

Notwithstanding anything contained in any judgment, decree or

order of any Court, Tribunal or other authority or in any scheme, custom,

usage, agreement, instrument or in any manual prepared by the Temple

Trust or Devasthan Management Committee or in any farman or sanad or

any deed, grant or order of the Government or any other authority for the

time being governing the Temple,—

(a) any share which is payable or being paid or given or allowed

to be collected in the offerings made before the deity including the

offerings on the brass threshold and the offerings made before the

deity in the Palakhi or Chariot,—

(i) to or by any person, by whatever name or designation

known or called in relation to the temple.

(ii) to or by any office-holder or servant or sevekari;

(b) share or shares in the offerings made or offered either in kind

or in cash or both by the devotees either in Hundi, Plate or on the

brass threshold in the temple or the offerings made before the deity

in the Palakhi or Chariot, and

(c) all shares in the lands or any property movable or immovable

of the temple trust allotted to be in possession and enjoyment of any

such person or officeholder or servant or sevekari towards

remuneration or otherwise for rendering service or seva or for

defraying any other expenses connected with the service or management

of the temple shall stand abolished on and from the date of

commencement of this Act.

7. (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.

Abolition of

customary or

hereditary

rights of

Shripujak’s.

Abolition of

shares in

Hundi.

Application

for compen-

sation on

abolition of

rights or

shares to

Tribunal.

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6

(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.

7

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(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.

CHAPTER III

MANAGEMENT COMMITTEE

8.

(1) For the purpose of management of the Temple Trust, on or

after the appointed day, a Committee to be called “Shree Ambabai Temple

Management Committee” shall be constituted by the State Government as

provided in sub-section (2).

(2) The State Government shall, by notification in the Official Gazette,

appoint a Chairman, Vice-Chairman, Treasurer and not more than eight

members to constitute the Committee as envisaged 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) The Mayor of the Municipal Corporation for the City of Kolhapur

shall be the ex officio member of the Committee.

Constitution

of

Management

Committee

for Temple

Trust.

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8

(4) Until the Committee is duly constituted under sub-section (1), the

State Government may, by notification in the Official Gazette appoint a

temporary committee for the purposes of this Act, consisting of two or

more persons appointed by the State Government in this behalf ; and one

of them may be appointed as the Chairman thereof.

Upon the constitution of the Committee under sub-section (1), the

members constituting the temporary Committee shall vacate their office

and the temporary Committee shall cease to exercise any powers or duties

under this Act and shall hand over all the property vested in it, and the

management of the endowment and Temple Trust to the Committee duly

constituted under sub-section (1).

(5) Subject to the 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.

9.

(1) A Chairman, Vice-Chairman or member shall be appointed for

a period of three years :

Provided that, the term of office of such out going members 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 his membership :

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 the three consecutive meetings of the Committee, he shall cease

to be a member thereof, from the time the third meeting is duly terminated.

10.

(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 Karveer Nivasini, Mahalaxmi (Ambabai),

Kolhapur. 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.

11. 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 10 ;

(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 the Temple or

unlawfully held the property of the Temple ;

(f) has been convicted by a criminal court of any offence involving

moral turpitude ;

Term of

office of

member.

Qualifications

for being

member.

Disqualifi-

cations.

9

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(g) 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 ;

(h) is a paid servant of the Committee or has any share or interest

directly or indirectly in any contract for the supply of the goods to or for

execution of any work, or the performance of any service, undertaken by

the Committee in respect of the Temple Trust ;

(i) has been found guilty of grave misconduct in the discharge of his

duties or being guilty 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

Maharashtra Public Trusts Act by the Charity Commissioner or Court ;

(k) is practicing as a Legal Practitioner for or against the Temple

Trust;

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

12.

(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 a member has incurred any of the disqualifications

mentioned in section 11 ;

(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 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.

13. 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.

14.

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.

Removal of

members.

Power to

reconstitute

Committee.

Filling up of

casual

vacancy.

XXIX of

1950.

¦ÉÉMÉ +É`ö------57-2

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10

CHAPTER IV

CONDUCT OF BUSINESS

15.

(1) For the transaction of its business, the Management Committee

shall meet at such interval 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 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 of a member and thereafter have a second 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.

16.

(1) There shall be paid to each member such honorarium, and a

traveling 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 meeting 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.

17.

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.

Meeting of

Committee,

rules of

procedure at

its meeting.

Honorarium

of members.

Defect or

vacancy not

to invalidate

acts.

11

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18. (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 Temple according

to the custom and usages;

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

(d) to apply the income of the Temple Trust to the objects and

purposes for which the Temple Trust is constituted and administered

or on the other objects or purposes akin to the purposes of the Temple

Trust or on 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 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 Temple 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

Temple 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 Temple 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 Karveer

Niwasini Mahalaxmi (Ambabai) Devi;

(h) to collect the daily offerings, received either in cash or kind

including dakshina, bhog, donation, subscriptions and the like in the

Temple Trust or within the precincts thereof, to the exclusion of any

other person, and to ensure the safe-custody of the all valuable

securities, jewelleries, 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, Kolhapur 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 Temple Trust 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

Temple Trust ; and to charge such fees for providing services through

its sevekaris as the Committee may from time to time, determine.

Duties and

powers of

Committee.

¦ÉÉMÉ +É`ö------57-2+

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12

(2) (a) No immovable property vested in the Temple 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, ornament or other valuable movable property vested

in the Temple 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.

19.

(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 Temple

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 regulations.

(2) Every such application shall be accompanied by such fee as the

Committee may specify in this behalf by regulations.

(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 regulations made

thereunder.

(5) The existing sellers on the appointed day may apply for the license

in the manner as may be laid down by regulations.

20.

(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 under this Act or any

other 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 licencee.

Power of

Committee to

grant licence.

Power to

cancel or

suspend

licence.

13

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CHAPTER V

EXECUTIVE OFFICER AND OTHER EMPLOYEES

21.

(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 :

Provided that, the person working as the Secretary of the Devasthan

Management Committee, immediately before the date of commencement

of this Act shall also work as the Executive Officer of the Temple Trust,

till the appointment of the Executive Officer by the State Government

under this sub-section, and he shall exercise the powers and duties of the

Executive Officer under this Act but shall not be entitled to any salary or

payment on this count.

(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 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 appointed

day, as the case may be, prepare and submit 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 three 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.

22. (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 and

regulations 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 Temple 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 Temple 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 ;

Appointment

of Executive

Officer and

other officers

of

Committee.

Powers and

duties of

Executive

Officer.

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14

(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 fifty

thousand rupees:

Provided that, the exercise of powers under clauses (a), (b) and (c)

shall be subject to the directions, if any, of the Committee, issued

either generally or specially in that behalf ;

(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 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.

(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

made, from time to time.

23. The Executive Officer may, in case of emergency, direct execution

of any work or the doing of any act, involving expenditure not exceeding

rupees one 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 Temple Trust or the services

or safety of the pilgrims resorting to the Temple and may also direct that

such expenses not exceeding one lakh rupees for executing such work or

doing of such act, shall be paid from the Trust Fund.

24. (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, their 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 costs 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.

25.

(1) Subject to the provisions of sections 5, 6 and other provisions

of this Act, any person who is working on the establishment of the

Devasthan Management Committee, immediately before the appointed day

and is selected by Devasthan Management Committee to serve on the

establishment of Shree Karveer Niwasini, Mahalaxmi (Ambabai) Temple,

Kolhapur shall be deemed to have been allocated and appointed as from

Emergency

power of

Executive

Officer.

Terms and

conditions of

service of

Executive

Officer, other

officers and

employees.

Allocation of

employees of

public Trust

to Temple

Trust.

15

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the appointed day, for service under the Committee in connection with the

affairs of the Trust on the same salary and other terms and conditions of

service which were applicable to him immediately before the commencement

of this Act 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.

(2) Such selected person shall be the employee of the Shree Karveer

Niwasini, Mahalaxmi (Ambabai) Temple Trust, Kolhapur re-constituted

under sub-section (1) of section 3.

26.

Subject to the provisions of this Act and the rules and regulations

made thereunder, the Committee may inflict any of the punishment 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 Temple 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 Temple 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.

27.

(1) Every post or vacancy, whether permanent or temporary,

amongst the officers and employees of the Temple Trust shall be filled in

by the Committee.

(2) No person shall be considered for appointment to any post or

vacancy under sub-section (1) 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

appointed day ;

(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 TEMPLE TRUST

28.

(1) There shall be constituted a fund to be called by the name of

Shree Karveer Niwasini, Mahalaxmi (Ambabai) Temple Trust Fund which

shall vest in the Temple Trust.

(2) The following shall form part of, or be paid into, the said fund,–

(a) all funds vested in the Trust or religious institution, by virtue

of the provisions of section 3 ;

(b) all sums received by way of offerings, gifts or donations by the

Trust or religious institution or by way of puja charges of any nature

whatsoever, or by way of sale proceeds by auction of things received

in kind ;

(c) income derived from the movable and immovable properties of

the Trust and the proceeds of sale, lease, licence or other transfer or

mortgage of any such properties ;

Punishment

by

Committee.

Appointment

of officers

and

employees.

Trust Fund.

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16

(d) any contributions or grants made to the Temple Trust by

Government or by any local authority, Trust or other institution or

party or person ;

(e) any sum due to the Temple Trust and recovered by the

Committee ;

(f) any sum 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 fees and lease rent received

or collected by the Committee or a member or officer or employee

thereof, for or on behalf of the Temple Trust.

(3) All monies and other valuable articles belonging to the Trust Fund

shall be deposited or kept 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 Maharashtra 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

authorised by the Committee in this behalf in the manner and subject to

such conditions as may be prescribed.

29. (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 Temple

and of the properties of the Trust ;

(b) training of sevaks to perform religious worship and ceremonies

in the Temple ;

(c) the conduct and performance of the rituals, worship ceremonies

and festivals in the Temple 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 Temple 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 Temple Trust under any law for the time

being in force ;

(j) subject to the provisions of clause (l) of sub-section (1) of section

18, for the development of the properties of the Temple 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 18.

II of

1934.

XXIX of

1950.

43 of

1961.

Utilization of

Trust Fund.

17

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(2) After making adequate provision for the purposes referred to in

sub-section (1), if there is a surplus in the Trust Fund, a portion of the

surplus, being not more than thirty per cent of the distributable income of

the Trust, may be utilized and expended, from time to time, by the

Committee, for the maintenance and to carry out the expenses of the

Devasthan Management Committee.

30.

(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 twenty per cent of the 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 and Treasurer and other members of the Committee

and the outsider members of the sub-committee constituted under the

Act;

(b) the payment of salaries and allowances of the Executive Officer

and other officers and employees of the Committee and honorarium

to the sevekaris;

(c) the payment of any expenses lawfully incurred by the Committee

or by 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 28.

31.

The Committee may, install one or more receptacles such as Hundi

or Cash Box or both at such place or places in the Temple or within the

precincts thereof as it may think fit for placing of offerings by the pilgrims

and devotees visiting the Temple.

CHAPTER VII

BUDGET, ACCOUNTS AND AUDIT

32.

(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 Temple

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 ;

Offerings

received in

cash or kind.

Executive

Officer to

submit

budget to

State

Government.

Management

Fund and its

utilization.

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18

(c) expenditure on religious, educational and charitable purposes

including donations to other Trusts or religious institutions or patients

consistent with the objects of the Temple 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 Temple Trust ;

(e) expenditure on construction repairs and renovations of the

buildings and preservation and protection of the properties and assets

of the Temple Trust ; and

(f) the amount of expenditure that may be incurred by a Committee

or the Executive Officer towards the administration of the Temple

Trust.

33.

(1) The Committee shall keep regular accounts of all receipts and

disbursements for each financial year and the accounts 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 Temple Trust is not being

incurred in accordance with the budget ; or

(c) it has become necessary to ascertain the fiscal position of the

Temple Trust,

the State Government may direct the Committee,—

(i) to furnish true and audited accounts of the Temple 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 it may specify, audited by the

Chartered Accountant appointed under sub-section (1) of section 34.

34. (1) The accounts shall be audited or cause to be audited every year

by the Committee in accordance with the manner provided 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

35. (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

Temple 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 Temple.

Accounts.

Audit.

Power of State

Government to

give direction,

call for report,

document, etc.

19

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(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 Temple, call for such information,

accounts, report or other documents or copies or extracts therefrom, relating

to the Temple Trust as considered necessary to satisfy itself or himself

that the Temple 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 Temple 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.

36.

The State Government may, depute any officer not below the

rank of Deputy Secretary wherever considered necessary, to inspect any

movable or immovable 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.

37.

(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).

Inspection by

Government.

Power of

State

Government

to suspend or

rescind any

resolution or

order, etc. of

Committee,

in certain

cases.

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20

38. All public officers having custody of any record, register, report

or other documents relating to the Temple 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.

39. (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 Temple 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 inquiry, 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) 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.

(3) The State Government may, by order issued in that behalf, fix

remuneration and other conditions of service of the Administrator appointed

under sub-section (2). His remuneration and allowances shall be paid from

the Management Fund.

CHAPTER IX

OFFENCES AND PENALTIES

40.

Whoever, —

(a) whose duty is to perform the rituals of the Trust or puja or

archana of the deity, fails or refuses to perform such duties or having

reason to believe that non - performance of the duties would cause the

delay in the performance of rituals or puja or archarna or inconvenience

and harassment to the public or any section thereof entitled to worship

in the Temple and wilfully disobeys or fails to comply with lawful

orders of the Committee directing him to perform his duties without

prejudice to the results of a proper adjudication of such claims or

disputes, such person; or

(b) unauthorisely performs any rituals, archana to any deity as a

sevekari within the premises of the Temple Trust ; or

(c) voluntarily causes obstruction by use of force or otherwise to

any sevekari in the due performance of his duties ; or

Public

Officers to

furnish copies

or extracts

from certain

documents.

Dissolution

and

supersession of

Committee.

Offences.

21

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(d) wilfully does any act whereby the “bhog”, idol, deity or any

place of worship in the Temple Trust is deified ; or

(e) unauthorisedly exhibits any “thali” or other receptacle or solicits

in such manner as might reasonably induce any person to place any

offering whether in cash or in kind, in such “thali” or other receptacle

or solicits money in any other manner whatsoever ; or

(f) not being authorised by the Committee or the Executive Officer,

interferes with the movements of person or with any regulatory

measures therefor within the premises of the Temple Trust ; or

(g) forcibly enters into any place within the Temple Trust when

such entrance is prohibited under any law or custom or under any

lawful order passed by the Committee or the Executive Officer ; or

(h) takes inside the premises of the Temple Trust any article

knowing that the taking of such article is prohibited under any law or

custom or by any declaration made and published in the prescribed

manner by the Committee with due regard to the prevailing custom,

public health, morality or the religious sentiment of the public ; or

(i) refuses or wilfully fails to furnish any reports, statements,

accounts or other information called for under this Act ; or

(j) contravenes or attempts to contravene or abets the

contravention of any of the provisions of this Act or of any rules made

thereunder other than those for which penalty has been specifically

provided under this Act,

shall, without prejudice to any other action taken against him under

any other provisions of this Act, on conviction, be punishable with

imprisonment which may extend to one month and with fine which may

extend to ten thousand rupees.

41.

Any person who, —

(a) having in possession, custody or control of any property,

document or books of accounts belonging to the Temple 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

Temple 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 Temple 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 Temple 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.

Penalty for

wrongful

withholding

of property

belonging to

Temple

Trust.

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22

CHAPTER X

PREPARATION AND MAINTENANCE OF

REGISTERS BY THE TRUST

42.

(1) For the Temple 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 Temple Trust, and the names of

the past Committee members including the present;

(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 Temple Trust with

their weights, details of the constituent elements and estimated value

thereof ;

(e) particulars of immovable properties and all other endowments

of the Temple 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

Temple Trust whether intended for worship or for being carried in

procession ; and

(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 XII

MISCELLANEOUS

43. In all suits and other legal proceedings by or against the Temple

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.

44. (1) Where the erstwhile Temple Trust or any Trustees 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 Temple Trust under section

3, by the name of the erstwhile public Trust , the said reconstituted Temple

Trust or its Committee, shall be deemed to have been substituted for the

erstwhile public Trust or its Trustees or Committee, as a party to those

proceedings, or added to as a party thereto, as the case may be, and the

proceedings shall continue accordingly.

(2) Any reference to the erstwhile public Temple 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

Suits and

other

proceedings

by or against

Trust or

Committee.

Continuance

of legal

proceedings

by or against

erstwhile

public Trust

and

construction

of references

to that Trust.

Preparation

and

maintenance

of registers

by Temple

Trust.

23

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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 Trust , reconstituted under

section 3 or its Committee, as the case may be.

45. (1) The Committee shall cause to be prepared an annual report,

including the administration report of the Temple 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 Temple

Trust with a detailed list together with the relevant information of donee

institutions (with full address), 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 Trust to any person demanding the same,

on payment of such reasonble fees or charges as determined by the

Committee.

46.

The members, the Executive Officer and all the officers and

employees of the Temple Trust shall be deemed to be a public servant within

the meaning of section 21 of the Indian Penal Code and of clause (c) of section

2 of the Prevention of Corruption Act, 1988.

47.

No suit, prosecution or other legal proceeding shall lie against

the State Government, or its servant, 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.

48.

The provisions of this Act shall have effect, notwithstanding

anything contained in the Maharashtra 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.

49.

(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 Temple Trust as reconstituted under

this Act or to any accommodation provided by Temple 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 tempel 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 date of coming into force of this Act.

45 of

1860.

49 of

1988.

XXIX of

1950.

Mah.

XVIII of

2000.

Members of

Committee

and officers

and

employees of

Trust to be

public

servants.

Protection of

action taken

in good faith.

Act to

override other

laws, etc.

Provisions of

the

Maharashtra

Rent Control

Act, 1999 not

to apply.

Annual report

of

Committee.

Mah.

XVIII of

2000.

¦ÉÉMÉ +É`ö------57-5

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24

50. (1) If in obtaining possession of property of the Temple Trust ,

to which it is entitled under section 3 or otherwise, the Committee or the

Executive Officer is resisted or obstructed by any person, the Executive

Officer may make an application to the Executive Magistrate having

jurisdiction, complaining of such resistance or obstruction, and such

Magistrate shall, unless he is satisfied that the resistance or obstruction

was occassioned by any person claiming in good faith to be in possession

on his own account or by virtue of some right, independent of that of the

Temple Trust, make an order that the Committee or the Executive Officer

be put into possession of such property. Such order shall, subject to the

result of any suit which may be filed to establish the right to the possession

of the property, be final.

(2) If any person refuses or fails to comply with the order made under

sub-section (1) within thirty days of the date of such order, the Executive

Magistrate, may evict that person therefrom and take possession of the

property and deliver the same to the Committee or the Executive Officer

and for that purpose, use such force as may be necessary.

51.

(1) The State Government may, by notification in the Official

Gazette, make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing

provisions, such rules may provide for all or any of the following matters,

namely :—

(a) the declaration form under clause (b) of sub-section (1) of

section 10;

(b) the honorarium, travelling allowance and daily allowance to

be paid to each member under sub-section (1) of section 16;

(c) any other minor punishment under clause (c) of section 26;

(d) the conditions and manner of operating accounts by the office

bearer or a member of the Committee under sub-section (4) of

section 28 ;

(e) the manner and form of budget under sub-section (1) of

section 32;

(f) the rules for doing the audit of accounts under sub-section (1)

of section 34;

(g) the form of register and manner of its maintenance under sub-

section (1) of section 42;

(h) any other matter which is to be, or may be, prescribed under

this Act.

(3) 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.

(4) 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

Resistance or

obstructions

in obtaining

possession of

property of

Temple

Trust.

Power to

make rules.

25

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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.

52.

(1) The Committee may make regulations, not inconsistent with

this Act or any rules made thereunder, which may be necessary or expedient

for the purpose of carrying out its duties and functions under this Act.

(2) No regulations 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.

53.

(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.

Power to

make

regulations.

Removal of

difficulties.

¦ÉÉMÉ +É`ö------57-5+

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26

STATEMENT OF OBJECTS AND REASONS

About 3067 temples or endowments created for public, religious or

charitable purposes and which are registered or declared to be public trust

under the Maharashtra Public Trusts Act (XXIX of 1950), are under the

control and management of Western Maharashtra Devasthan Management

Committee constituted under section 56D of the said Act and by virtue of

the Government Notification, Law and Judiciary Department, dated the 2^nd

May 1969, are entrusted to the said Committee for management on behalf

of the State Government.

The Karveer Nivasini Mahalaxmi Temple also known as Ambabai

Temple, constituted in Kolhapur, is one amongst those 3067 temples. This

temple is one of the ancient temples in Western Maharashtra and is visited

by lakhs of devotees from all over India.

2.

In the precincts of the temple, the donation boxes are kept by the

said Committee, wherein the offerings made by the devotees are collected.

The proceeds of those donation boxes are utilized by the said Committee

towards maintenance of the temple and other religious activities.

The religious ceremonies of the deity known as the Karveer Nivasini

or Mahalaxmi or Ambabai in the said temple, are performed by the pujaris,

commonly known as Shripujaks. The offerings made by the devotees to the

deity in the form of money, valuables, clothes, precious metals and stones,

etc., at the brass threshold being the offerings from the devotees are taken

away by the Shripujaks and appropriated by them.

3.

It is well settled now that the offerings by the devotees to the

deity, being a juristic person under Hindu Law, is the property of the

deity. Thus, the offerings by the devotee within the precincts of the Mandir

or on the brass threshold, is the property of the deity and should be utilized

for the maintenance of the temple, as well as performance of the religious

rites and ceremonies and for providing facilities to the devotees or

worshippers for darshan of the deity in temples and for performance of

pujas and for carrying out religious functions and festivals in relation to

the said temple.

In the backdrop of various litigations and counter litigations, regarding

offerings made by the devotees to the deity, there is persistent demand

from the devotees and the local residents of Kolhapur District to abolish

the customary or hereditary rights of Shripujaks or their persons performing

nitya or daily or occasional pujas of the said deity.

4.

The issue was also raised in the Monsoon Session, 2017 of the

Maharashtra Legislative Assembly and the Government has assured that

it will soon bring out a law for the better administration of the temple.

5.

The Bombay High Court in the case of Shri Balkrishna Pandharinath

Badwe and others Vs. State of Maharashtra and others (Second Appeal No.

46/1985) decided on 13^th November 2006, has in relation to the Pandharpur

Temples Act, 1973 (Mah. IX of 1974), matters arising that, “it cannot be

gainsaid that the same is property of the priestly classes as such and the

offerings made to the deity in law, is the property of the deity.”. The

Bombay High Court in the said case, relied upon the judgments of the

Supreme Court in the case of Nathdwara Temple’s Case and the case of

Kashi Vishwanath Temple’s Case.

27

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6.

The State Law Commission, in its 15^thReport has also recommended

the State Government to enact a law inter alia providing for abolition of

hereditary rights of the person known as sevekari class.

7.

In this view of the matter, the Government considers it expedient

to enact a special law to manage the temple and property of the deity

known as Karveer Nivasini or Mahalaxmi or Ambabai, for better

administration of the temple. It is also considered expedient to provide

for abolition of hereditary rights of the Shripujaks and to constitute a

distinct committee for administration of the said temple from carving it

out of the jurisdiction of the Western Maharashtra Devasthan Management

Committee, Kolhapur. It is also considered expedient to provide that on

abolition of the hereditary rights of the Shripujaks,nitya or daily or

occasional pujas of the deity and other ceremonies shall be performed by

the persons to be appointed on remuneration by the newly constituted

Management Committee and in view of the abolition of the hereditary

rights of Shripujaks, provisions are made for the determination of

compensation by the District Court, Kolhapur, having regard to the relevant

factors therefor.

8.

The Bill seeks to achieve the above objectives.

Mumbai,

DEVENDRA FADNAVIS,

Dated the 27th March 2018

Chief Minister.

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28

MEMORANDUM REGARDING DELEGATED LEGISLATION.

The Bill involves the following proposals for delegation of legislative

power, namely :—

Clause 1 (2).—Under this clause, power is taken to the State

Government to bring the Act into force on such date, by notification in

the Official Gazette, as it may appoint.

Clause 8 (2) and (4).—Under this clause, power is taken to the

State Government to appoint, by notification in the Official Gazette,-

(a) under sub-clause (2), a Chairman, Vice-Chairman,

Treasurer and not more than eight members to constitute the

Shree Ambabai Temple Management Committee under sub-clause

(1) thereof;

(b) under sub-clause (4), a temporary Committee for the

purposes of the Act, consisting of two or more persons until the

Shree Karveer Niwasini Mahalaxmi (Ambabai) Temple

Management Committee is duly constituted under sub-clause (1)

thereof.

Clause 10 (1) (b).—Under this clause, power is taken to the State

Government to prescribe by rules the form of declaration to be made

by the member of the Committee prior to his appointment.

Clause 13.—Under this clause, power is taken to the State

Government to curtail, by notification in the Official Gazette, the term

of office of the Chairman, Vice-Chairman, Treasurer or all or any of

the Members of the Committee.

Clause 16 (1).—Under this clause, power is taken to the State

Government to prescribe by rules, the rates of honorarium, traveling

allowance and daily allowances to the Members of the Committee for

attending the meetings of the Committee or for transacting any business

connected with the duties as a Chairman or Member thereof.

Clause 26(c).—Under this clause, power is taken to the State

Government to prescribe by rules, any other minor punishment other

than those mentioned in sub-clauses (a) and (b), which may be inflicted

under the said clause 26.

Clause 28(4).—Under this clause, power is taken to the State

Government to prescribe by rules, the manner and the conditions for

operating the Trust Fund under the said clause 28.

Clause 32(1).—Under this clause, power is taken to the State

Government to prescribe by rules, the manner and form of a budget

estimate of receipts and expenditure of the Temple Trusts under the

said clause 32.

Clause 33(1).—Under this clause, power is taken to the State

Government to prescribe by rules the particulars that shall be contained

in the regular accounts of all receipts and disbursements for each

financial year of the Committee.

Clause 34(1).—Under this clause, power is taken to the State

Government to prescribe by rules the manner of conducting the audit

of the Committee and the provisions for appointment of auditor and

remuneration to be paid to the Auditor.

29

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Clause 39(1) and (2).—Under this clause, power is taken to the

State Government to curtail the term of office bearers and Members

of the Committee and to dissolve the Committee, after due enquiry, by

notification in the OfficialGazette, on the grounds mentioned therein

and to constitute another Committee within a period of six months

from the date of dissolution for the period specified in such notification.

Clause 42(1).—Under this clause, power is taken to the State

Government to prescribe by rules the form and the manner in which

the Temple Trust shall prepare and maintain the register under this

clause.

Clause 51.—Under this clause, power is taken to the State

Government to make the rules, by notification in the Official Gazette,

subject to the condition of previous publication, to carry out the

purposes of the Act.

Clause 52.—Under this clause, power is taken to the Committee

to make regulations, with prior approval of the State Government and

not inconsistent with provisions of the Act and the rules made

thereunder, for the purpose of carrying out its duties and functions.

Clause 53.—Under this clause, power is taken to the State

Government to remove, by an order published in the Official Gazette,

any difficulty which may arise in giving effect to the provisions of the

Act, within a period of two years from the date of commencement of

the Act.

2.

The above-mentioned proposals for delegation of legislative power

are of normal character.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI,

PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE

OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI

PARSHURAM JAGANNATH GOSAVI.