MAHARASHTRA ACT NO IX OF 1974.1
(THE PANDHARPUR TEMPLES ACT, 1973.)
(3rd April 1974)
Amended
by Mah. 30 of 1975/(1-7-1975) (Assented to by
the President)
28 of 1979
An
to provide for the abolition of all the hereditary rights. Privileges of
ministrants and priestly classes functioning i8n the Temples of Vitthal and Rukmini at Pandharpur for the acquisition of such rights and
privileges and for the vesting thereof in a Committee established for the
purpose; for pavment of amounts for such acquisitions
for providing for better administration and governance of these Temples, their
endowments and the amalgamation of the trusts and for matters connected with
the purposes aforesaid.
WHEREAS, complaints were received by the Government of
Maharashtra regarding the mismanagement of the Vitthal Temple, the Rukmini
temple, the pariwar devatas
and the Vitthal Rukmini Devasthan Committes, all of Pandharpur, and registered as public trusts under the
Bombay public Trusts Act, 1950;
AND WHEREAS, by Government Notification in the law and
Judiciary Department No. 27518/P dated 21st October 1968 the
Government of Maharashtra appointed a Commission of
Inquiry under the Commission of Inquiry Act, 1952, consisting of Shri R.D. Nadkarni, District Judge (Retired), to enquire into and
report to the state Governmetnt of the alleged
mismanagement of the said public trusts and other matters specified in that
notification:
AND WHEREAS, The said commission submitted its report
to Government on 2nd Feb 1970;
AND WHEREAS, After considering the recommendation and
suggestions of the said Commission, and in particular, the views expressed in
the Legislature of the Stat on the aforesaid report, the Government of Maharashtra is of opinion that steps should be taken
forthwith –
(1)
to abolish all
the hereditary rights and privileges of Badves, Utpats, any committee or any persons managing the affairs
of the Temples and the property thereof, or any endowment or registered trusts
in relations thereto, and to require them to hand over the possession of such
property to the Committee to be established for that purpose and also for the
purpose of better management, administration and governance of such Temples,
property or endowment or registered trusts
(2)
to abolish or the
hereditary rights and privileges of the Badves, Utpats, Sevadharis, Rolis, and other performing nitya
or daily or naimittik or occasional, pujas in the Temples and of appropriating the income
accruing for offering, Dakshinas Donetions
or gifts made to the idols or deities in the Temples or made for the purpose of
development of the Temples, of the idols or deities therein or any property
thereof ; and to provide for the acquisition and vesting of such rights and
privileges in the Committee aforesaid and for the payment of amounts for the
acquisition of such rights and privileges
(3)
To provide for
better administration and governance of these Temples, their endowments and the
amalgamation of the trust; and
(4)
To provide for
matters connected with purposes aforesaid;
It is hereby enacted in the Twenty-forth year of the
CHAPATER- I
PRELIMINARY
1. (1) This act may be called the Pandharpur
Temples Act, 1973.
(2) It shall comes into force on such date as the Sate
Government may, by notification in the Official Gazette, appoint 1(and
different dates2 may be appointed for different provisions of this
Act).
2. In this Act. Unless the contacts requires
otherwise, -
3[(a) “appointed day”,-
(I)
in relations to
the provision of sub sections (2) of section 1, section 21 to 31,33,34,38 and
39, means the 3rd July 1975 (being the date on which those
provisions were bought in to force under a notification issued under
sub-section(2) of section 1;)
(II)
in relation to
any other provision of this Act, means the day on which that provision comes in
to force under a notification issued under sub-section(2) of section 1;)
(b) “ authorised
officer” means and officer not below the rank of a Deputy Charity Commissioner
or an officer who in the opinion of the Stat Government is equivalent rank
authorized by the Sate Government for the purpose of this Act;
(c) “ Badves”,
in relation to the Temple of God Vitthal, means all
the persons who according to the decision of the High Court in Gagaram and other vs. Banaji Shankar and
others(1891 P.J.182) are declared to be the chief priests, managers
guardians and overseers only of the idol, Temple and property belonging
thereto, and such bond to keep order, and to bid the Sevadharis
perform the duties which belong hereditarily to those priests; but are declared
to be not the owners of the Temples, idol or the property aforesaid ; and whose
hereditary rights in the management of the property of the idol Vitthal were determined by a scheme approved by the High
court in Sakharam Bhimaji Benare and others vs. Gagaram Babaji Badve and others (original
defendants) vs. Sakharam vaman(with
the consent of the advocate General) and Others ( original plaintiffs) in Appeal No.168 of 1892 (1896
P.J.644) as explained or modified by subsequent decisions, including the
earlier decision of the High Court in Gangaram Babaji Badve and Others (Original
defendants) vs. Vitthal Dingre
and Others (original plaintiffs) (Appeal No 130 of 1890) and Goverdhan Vitthal Dingre (Original plaintiffs) vs. Gagaram
Babaji Badve and Others
(Original defendants)(Appeal n\No, 5 if 1891) (1894 P.J.6); and who are
accordingly exercising these hereditary rights and privileges including any
other rights and privileges claimed under any order or decree of any court or
otherwise in the Temple of God Vitthal : and
include as Divaskar
Badva;
(d) “ Benari”
means a person who exercises the
hereditary right and privilege of changing Mantras and hymns from the Vedas or
otherwise at the relevant time of performing nitya or
daily or naimittik or occasional services in the
Temple of God Vitthal, and of appropriating or
receiving income from the exercise of such hereditary right and privilege,
including the right of receiving yajman offerings of puja vessels, provided the same are put into his hands by
the devotee, of officiating at the worship of Ganapati
, Varuna and Bhumi and of
receiving the money offerings and of officiating as Joshi and Upadhyaya at munj and marriage
ceremonies performed in the Temple of Vitthal and
receiving the customary fees, being the right and privilege recognized by the
decision of the High Court in Gangaram Babaji and Others vs. Narayan Annaji and Others
(1891 P.J. 148) and includes any other rights and privileges claimed or
exercised under any order or decree of any court or otherwise;
(e) “by-laws” means by-laws made by the
Committee under this Act;
(f) “Committee” means the committee
established under section 21 of this Act and includes the temporary Committee
appointed that section;
(g) “daily or nitya
services” means the services rendered daily in the Temple of God Vitthal, described in Schedule A hereto and the Temple of
Goddess Rukmini in the same way as the services are
performed in the temple of God VItthal with such
variations as are appropriate in the case of a female deity;
(h) “ Dange”
means a person who exercise the hereditary right and privilege of remaining
present in the Temple of God Vitthal from Kakadarti till shejarti, of
attending all daily pujas and at daily and special
services(not being fair or similar other time), of keeping order during all
such pujas, doing duty of a chopdar
or macebearer on all such occasions by standing at the arched door ( whether
inside or outside of it) with a silver, golden or other metal or wooden stick
in hand, of asking for dakshina from the devotees or
pilgrims, of receiving what the lafter may be pleased
to give him, of receiving one-third
share or the offerings made to the sevadharis,
of inviting other sevadharis when necessary, independently
of the Badves order, of taking at the time of morning
arti and of evening dhuparti
the dhuparti and stick in hand and in company with a paricharak- one of the sevadharis
and of waving that arti in front of Rukming and other minor God; on coming to the Garud temple, of distributing ashes among the devotees or
pilgrims present, of asking for or receiving dakshina
from them and distributing angara in northern part of
the town, and or receiving dakshina also on the
account, being hereditary right and privilege recognized by the decision of the
Court of Joint first Class subordinate Judge A.P. at sholapur
in Ramchandra Babaji vs.Gangaram Babaji, Krishna Babaji, Vishwanath Gopal and otheres(Appeal No.37)
and Gangaram Babaji, Krishan Babaji, Vishwanath Gopal and others vs. Pramchandra Babaji in Appeal No
44 of 1893 decided on 28th day of September 1894 ; and includes any
other rights and privileges claimed under any order or decree of any court or
otherwise :-
(i) “Divaskari Badva or utpat” means the Badva or Utpat who purchases the
right of Badves or utpats
taking the next days offerings made by devotees or pilgrims before God Vitthal, or as the case may be, before the Goddess Rukmini, and for That purpose, being in charge of the
collections for that day remains present near God Vitthal
or Goddess Rukmini;
(j) “ Dingre”
means a person who exercises the hereditary right and privilege of showing the
mirror after idol is dressed and after sweeping the floor from the throne to
the bed chamber of sprinkling water, of drawing flgures
in white and coloured powder thereon( including rangoli marks) and then of spreading paulghadi
to cover that space, when the idol is supposed to go to the shejghar
(or bed-chamber) for nightyas rest at the relevant
time of performing the nitya or daily services in the
Temple of God Vitthel and or appropriating an
receiving income from the exercise of such hereditary right and privilege(
including taking any offerings that may be placed on the cloth(paulghadi) by devotoes or pilgrims
and any articles which may be put into his hands by devotees), being a
hereditary right and privilege recognized by the decision of the High Court in Gangaram Babaji badve and others vs. Govardhan Vitthal Dingre and others and Goverdhan Vitthal dingre and others vs.Gangaram Babaji Badve and others(1894
P.J.6) ; and includes any other rights and privileges claimed or exercised
under any order or decree of any court or otherwise;
(k) “District Court” means the District
Court at Sholapur;
(l) “ Diwate”
means a person who exercises the hereditary right of being present with torch
in hand in the Temple of God Vitthal from Kakadarti till Shejarti; or
attending (not in the inner anti-chamber of the deity) all daily pujas and daily and special upcharas,
of attending all kinds of yajman pujas
wherein abhishek with panchamrit
is made of standing outside the arch-door with a stick in hand and in the case
of yajman pujas where the
mantra yasya kritya is
recited nearthe shrine of Garud,
of asking along with other Sevadharis dakshina after the mantra is recifedand
not before; in the case of pujas wherein no such mantra is recited near the shrine of Garud, of asking for dakshina
when the yajman comes out of the anti-chamber of the
deity and puja is declared to be at end, when the yajman coes near the Garud shrine, of receiving any golden, silver or other
metal or wooden stick if the same is actually given in his hand by any of the
devotees or pilgrims, of asking and receiving dakshina
from devotees or pilgrims generally
without causing them obstruction or annoyance, of receiving a twelfth share in the income of Sevadharis, after the yajman puja is over along with Hardas,
of escorting the yajman to his lodging and receiving dakshina or present from him, and in company with a paricharak of waving the morning arti
and evening dhuparti in front of the minor idols, of
distributing angara and receiving dakshina
for so doing, and of attending with stick in hand all palkhi
processions of the deity, being the hereditary right and privilege recognized
by the decision of the Court of Joint Judge, A.P. at Sholapur
in Gopal Ramchandra Divte vs. Gangaram Babaji and Others in
Appeal No. 39 of 1893; and Gangaram Babaji and Others vs. Gopal Ramchandra Divte in Appeal No. 45
of 1893 decided on 28th September 1894; and includes any other
rights and privileges claimed or exercised under any order or decree of any
court or otherwise
(m) “endowment” means all property ,
moveable and immovable (including all jewellery and
ornaments ), belonging to or given or endowed in any name for the maintenance,
support or benefit of the Temples, or any deity or idol therein, endowed for
the performance of any service ( including the service of offering to the deity
) or charity connected therewith; or for the benefit, convenience or comfort of
the devotees and pilgrims visiting the Temples, and includes –
(1) the
(2) all lands, imams, cash allowances
and other properties, moveable or immovable, encumbrances or charges created in
favour of the
deities or idols on properties, wherever situate;
(3) all offerings in cash or kind, gifts
or donations (including bhets), made or received on
behalf of the
(4) all income derived from any source
what so ever, and standing in any name, dedicated to the temples or any deity
or idols therein or to any places in the Temples, under the control of the
Committee for any pious, religious or charitable purpose; and
(5) any property purchased out of the
Temples Fund,
Explanation:- Any gift, inam
or jagic granted to a Badva,
Sevadharis or Utpat or to
any other person for the performance of any service including the service of
offering to the deity or idol or charity in or connected with the Temples shall
not unless the contrary is proved be deemed to be a personal gift to the said Badva, Sevadharis or Utpat or such other person, but shall be deemed to be an
endowment;
(n) “Executive Officer” means the
Executive Officer of the Temples appointed under section 33of this Act;
(o) “Hardas”
means a person who exercises the hereditary right and privilege of being always
present in the Temple of God Vitthal and of receiving
“aratis” (chants at the wavings
before the idol), at the relevant time
of performing nitya or daily or naimittik
or occasional services in the Temple of God Vitthal
or performing kirtans on certain holy days, and of
performing kala ceremony on Ashad
and Kartik Vad 1, and of
appropriating and receiving income from the exercise of such hereditary right
and privilege (including the right of receiving the sixth share of the
offerings made to Sevadharis and the right of
receiving musical instruments as are placed in his hand by the devotees and
that the right to ask for alms is exercised after the puja
is completed), being a hereditary right and privilege recognized by the
decision of the High Court in Gangaram Babaji and Others vs. Sakharam Kusaji and Others (1891 P.J.136); and includes any other
rights and privileges claimed or exercised under any order or decree of any
court or otherwise;
(p) “income” means the net amount
received or collected before the appointed day by any person having interest
during any year by exercising his hereditary right and privilege during such
year after deducting the expenses incurred in exercising such hereditary right
and privilege;
(q) “Kolis”
means persons belonging to the Koli community who
claim that they have hereditary right of worship of the four lingas namely, Rameshwar and Vishveshwar in the northern part of the Temple, Koteshwar in the western part, and the linga
on the head of idol ‘Vitthal’ and to receive income
there from;
(r) “kshetropadhye”
means a person who attends on devotees orpilgrims called Yajmans
who desire to have darshan of God Vitthal
or Goddess Rukmini on payment of remuneration as may
be agreed upon between him and the Yajmans
(s) “member” means amember
of the Committee;
(t) “ocasional
or naimittik services” means services rendered
occasionally
In the Temples of God Vitthal
and Goddess Rukmini specified in schedule B hereto,
and includes all such services which may from time to time be required to be
rendered in any of the Temples according to such orders as the Committee may,
with the approval of the Charity Commissioner, make in that behalf;
(u) “Pujari”
means a person who exercises the hereditary right of performing the actual act
of worship(and the Badves cannot prevent the
same from being performed), such as, bathing and dressing and undressing the
idol, putting on and removing ornaments, flowers. Garlands and sandal paste and
waving the arti or offering naivedya
to the idol at the relevant time of performing nitya
or daily or naimittik or occasional services in the
Temple of God Vitthal, and of appropriating or
receiving income including Ovalni or waved offering
whether deposited or given to the pujari ( after dakshina is deposited) from the exercise of such hereditary
right and privileges being a hereditary right and privilege recognized by the
decision of the High Court in Gangaram Babaji Badve and others vs. Banji Shankar and others (Appeal
No. 90 of 1886) 1891 P.J.182; and includes any other rights and privileges
claimed or exercised under any order or decree of any court or otherwise;
(v) “parichark”
means a person who exercises the hereditary right of being present at the early
light waving or kakadarthi, of taking the torch from
the Badve and handing it over to the pujari; at the second light waving, of taking ekarti from the pujari holding a
bell in his left hand and then along with Hardas and Dange going round waving the incense and the light round
smaller deities, at the evening dhuparti, of bringing
a ready filled incense burner and waving lamp which are afterwards carried and
waved round the minor deities as in the morning, of taking ekarti
and ashes in a cloth and going round the east of the town, putting ashes on
pilgrims brows and showing them the lamp and of receiving presents, of bringing
water for bathing the idol at the panchamrit puja, and the yajmans panchmrit puja (but not other pujas whether daily or yajmans)
of providing incense and wicks for the yajman pujas and of assisting the pujari
by handing over the arti at the relevant time of
performing nitya or daily or naimittik
or occasional services in the Temple of God Vitthal;
and of appropriating and receiving income from the exercise of such hereditary
right and privilege including the right oftaking all
metal pots, arit vessels and bells given by devotes
to them or for use of the idol provided that the same are put into his hands by
the devotees-being a hereditary right and privilege recognized by the decision
of the High Court in Appeal No.1 of 1890, Gopal Trimbak Paricharak and another
vs. Gangaram babaji Badve and others and in appeal no. 5 of 1890, Gangaram Babaji Badve vs. Gopal Trimbak Paricharak and another;
1891 P.J.138; and includes any other rights and privileges claimed or exercised
under any order or deroee of any court or otherwise;
(w) “Parwar Devatsa” means all those gods and goddesses (including
carvings on pillars, paintings on walls and photographs or any, picture
thereof) (either within or without the precincts of the Temples) which are held
out or represented to constitute retinue of God Vitthal,
or ad the case may be, of the Goddess Rukmini and of
which a separate list is on the record ( the pariwar Devatas of Vitthal being
registered as a separate trust under the public Trusts Act, and the Pariwar Devatas of Rukmini (including the deities of satyabhama
and Rahi or Radhika) being
included in the Rukmini Trust which is also
registered under that Act;)
(x) “ Person having interest” means a
person who claims to be entitled to payment of an amount under this Act for the
abolition of his hereditary right and privilege under section 4;
(y) “ prescribed” means prescribed by rules made under
this Act;
(z) “Public Trusts Act” means the Bombay
Public Trusts Act, 1950;
(za)
“registered trusts” means the trusts specified in schedule C hereto and
includes the trusts which may be amalgamated or added thereto under this Act;
(zb) “Sevadharis” in relation to sevas
or services performed in the
(zc) “
(zd) “Temples
Fund” means the Pandharpur Temples Fund constituted
under section 43 ;
(ze) “Utpat” means the person who, being in exclusive charge of
the Temple of the Goddess Rukmini and the parivar Devatas thereof,
exercises the hereditary right and privilege of performing nitya
or daily or naimittik or occasional services in that
Temple and or appropriating or receiving income from the exercise of such
hereditary right and privilege, and includes a Divaskari
Utpat;
(zf) “year”
means the financial year;
(zg) words and
expressions used in this Act but not defined shall have the meaning
respectively assigned to them in the Public Trust Act.
3.
(1) If any question arises-
(a) Whether any person is –
(i) a Badva,
(ii) a Sevadhari,
(iii) a Kshetropadhye
(iv) an Utpat
(v) a koli or
(vi) a person having interest, or
(b) whether a person has any hereditary
right or privilege to exercise in, or in relation to, any of the
(c) whether a person has exercised any
such right or privilege before the appointed day, or
(d) whether a person is a co-sharer of
the person having interest, or
(e) which is incidental, or in relation,
to any of the matters aforesaid, the authorized officer shall, after giving the
party an opportunity of being heard and after holding an inquiry, decide the
question.
(2) Any person aggrieved by the decision
of the authorized officer may, within thirty days of such decision, file an
appeal to the Charity Commissioner. The provisions of sections 4, 5, 12 and 14 of
the Limitation Act, 1963 shall apply to the filing of such appeal.
(3) The decision of the authorized
officer, subject to an appeal under sub-section (2) shall be final and
conclusive, and shall not be questioned in any uit or
proceeding in any court.
CHAPTER II
ADOLITION OF RIGHTS AND PRIVILEGES OF BADVES, SEVADHARIS,
UTPATS, ETC AND PAYMENT OF AMOUNTS
4. (1) With effect from the appointed
day, notwithstanding anything contained in any law (including any rule,
regulation and by-law for the time being in force in relation to any of the
Temples), custom or usage, any order of any ruling authority for the time
being, settlement, grant sand, or order any decree, order or scheme in relation
to any of the Temples made by any court-
(a) the hereditary rights and privileges
of Badves, Utpats or any
committee or of any person to manage the affairs of the endowment and the
registered trusts (including the hereditary right of Badves
to be the chief priest, managers, guardians and overseers of the idol, Temples
and property thereof); and
(b) All the hereditary rights and
privileges of Badves, Utpats,
Sevadharis, kshetropadhyes,
kolis and others to receive, demand and appropriate
the income from the offerings made to any deity in the Temples including their
respective Parivar Devatas,
income from the pujas performed for or on behalf of yajmans (that is, the devotees or pilgrims), income form
the right of applying gandh or giving Prasad to yajmans, income from any share in the amount received from
the yajmans by any committeeor
Sevadharis, income from pujas,
upchars and the like or dkshinas
demanded or income derived from any souce inor in relation to the Tepmles
or use thereof ; and
(c) the hereditary right and privilege of
Badves, Utpats, Sevadharis, Kshetropadhyes, kolis and others to perform nitya
or daily or naimittik or occasional sevas or service to the deities on behalf of yajmans or pilgrims in any of the Temples, which they were
performing immediately before the appointee day(hereinafter collectively
referred to as the hereditary rights and privileges),
Are hereby abolished; and thereupon all those
hereditary rights and privileges, subject to the provisions of this Act, shall
be deemed to be acquired and vested in the Committee.
(2) The Committee or Devasthan
Committee formed under rule V of the rules for the management of the property
of the idol Vitthal, approved by the High Court in Sakharam Bhimaji Benare and others vs. Gangaram Babaji Badve and others in Appeal
No.141 ; 168 (1896, P.J.644), the samastha Badve Mandal, the Samastha Badve samaj, the Utpat Committee, if
any or any other body by whatever name called, functioning in relation to the
endowment or registered trusts immediately before the appointed day shall case
to function; and all their powers, duties, rights and privileges, if any, in
relation to the endowment and the registered trust, shall vest in the
Committee.
5. (1) On the abolition of the
hereditary rights and privileges by section 4 and on the committees and bodies
referred to in sub-section(2) of section 4 ceasing to function from the
appointed day, the following consequences shall ensue, that is to say-
(a) The endowment and the registered
trusts, and the superintendence, direction and control thereof( including their
administration, management and governance) shall stand transferred to, and vest
in, the Committee; and the Committee shall be the trustee of such endowment and
trusts; and accordingly, every person including any committee or body referred
to in sub-section(2) of section 4 which immediately before the appointed day,
has been functioning in relation to, or looking after, the superintendence,
direction and control of, the endowment and registered trusts shall cease to do
so, and every person in possession of any property of such endowment or trusts
shall hand over all such property to the Executive officer on behalf of the Committee;
and in particular, every person in possession of the jewellery
and ornaments and other valuable movable property of which the superintendence, direction and
control vests in the committee shall hand over the same to the officer in
charge of the sub-Treasury at Pandharpur within
forty-eight hours of the appointed day together with a full inventory thereof;
and sub-officer shall verify the jewellery and
ornaments according to the inventory and take all steps necessary for its safe
custody until the Executive Officer makes arrangements for the safe custody
thereof;
(b) Badves, Sevadharis, Uptats, Kolis and others shall cease to exercise or perform the
hereditary rights and privileges, and shall not exercise or attempt to exercise
any such hereditary right or privilege or in relation to the endowment or
registered trusts; and in no case shall they demand, soli
it or ask for or receive or accept any remuneration either in cash or in kind
or in the precincts of the Temples by way o dakshina orin any form whatsoever for exercing
or performing any such hereditary rights and privileges;
(c) the Committee shall ensure the
continuance of the nitya or daily services in the
Temples without any break or hindrance or without in any way curtailing the
form, dignity, grandeur or manner of sava or service
which was being performed in relation to any deity immediately before the
appointed day; and the Committee shall take particular care to ensure that, as
far as possible, darshan of the deities is available to
the devotees; and for those purposes,
the Committee may appoint such person, on payment of such remuneration, and
subject to such terms and conditions as the Committee may, in the interest of
the better management of the Temples, determine;
The
sate Government shall place at the disposal of the Committee such sum as may be
necessary for meeting the expenses of such services for a period not exceeding
90 day from the appointed day; and the State Government may from time to time determine, regard being
had to the finances of the Committee;
(d) all suits and legal proceeding in
relation to any of the hereditary rights and privileges or in relation to the
committees and bodies referred to in sub-section(2) of section 4 pending in any
court or tribunal or before any authority shall abate, and no court, tribunal
or authority shall 1(after the appointed day) entertain any such suits or legal
proceedings.
(2) If, in obtaining possession of the
properties of the endowment and registered trusts vesting in the Committee
under sub-section(1), the officer in charge of the Sub-Treasury at Pandharpur or the Executive Officer I resisted or
obstructed by any person,-
(a) he may make an application to the
Magistrate having jurisdiction, complaining of such resistance or obstruction;
and such Magistrate shall, unless he is satisfied that the resistance or obstruction
is occasioned by any person claiming is good faith to be in possession on his
own account or by virtue of some right independent of that of the endowment or
registered trusts, make an order that
the officer in charge of the Sub-Treasury or the Executive Officer, as the case
may be, put into possession, 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; or
(b) he may make an application to the
District Judge who shall treat the same as an application for delivery of
possession under the Code of Civil Procedure, 1908 and shall dispose it of in
accordance with the provisions made thereunder.
(3) No suit, prosecution or other legal
proceeding shall lie against the Sub-Treasury Officer, or the Executive Officer
or any person acting under his instruction or authorized by him for anything
done or purported to be done in good faith under sub-section(2) 1
Provided that, nothing contained in this
section shall bar the institution of a suit by any person aggrieved by an order
made there under from establishing his title to the said property.
(4) If any person being a person
referred to in clause (b) of sub-section (1) exercises or attempts or causes to
exercise any of the hereditary rights and privileges, or if any person fails to
hand over any property, in contravention of the provisions of sub-section (1),
then without prejudice to the provisions of sub-section (2), he shall, on
conviction, be punished with fine which may extend to two thousand rupees.
6. (1) Subject to the provisions of this
section, the persons specified in column
I of schedule D shall be paid the amount specified against them in
column 2 thereof.
(2) Nothing in this section shall
entitle any person to any amount on the ground only that his hereditary right
merely to manage the affairs of the endowment and registered trusts without any
right of appropriating any income referred to in clause (b) of sub-section (1)
of section 4, has been abolished under this Act.
7. (1) Within a period of ninety days
from the appointed day, every person giving interest may apply in writing to
the authorized officer, 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) On receipt of an application under
sub-section(1) the authorized officer shall hold an inquiry, and if he is
satisfied, whether in pursuance of any decision under section 3 or otherwise
that the applicant has established his claim to any rights and privileges which
have been abolished under section 4, he shall make an order in which he shall
specify the amount payable to the applicant. Where there are co-sharers
claiming the amount, the authorized officer shall apportion the amount between
the co-sharers. If a dispute arises as to the apportionment of the amount or
any part thereof, or as to the person to whom the amount or any part thereof is
payable, the authorized officer may refer the dispute to the decision of the
District Court.
(3) The provisions of the Public Trust
Act shall apply in relation to inquiries under this section as they apply to
inquiries under that Act.
8. (1) If any person is aggrieved by the
provisions of this Act which provide for abolition or acquisition of any of his
hereditary rights and privileges, and if payment of amount for such abolition
and acquisition has not been provided for in the foregoing provisions, such
person may apply to the authorized officer for such payment.
(2) The application under sub-section(1)
shall be made to the authorized officer within the prescribed period and in the
prescribed form. The authorized officer shall, after holding an inquiry in the
manner laid down for the holding of as inquiry under the Public Trust Act. Make
an order determining the amount in the manner and according to the method
provide for in sub-section (3).
(3) In determining the amount, the
authorized officer shall be guided by the provisions of the scheme made by any
Court for the administration of any
temple and the decisions of the High Court and other courts recorded before the
appointed day in relation to the hereditary rights and privileges of person
having any interest in the income from the endowment and registered trusts; but
in no case shall the amount determined exceed two and half time the average
annual income which the authorized officer is o opinion such aggrieved person
was receiving or collecting during the 12 years commencing from the calendar
year 1958 and ending on the 31st day of December 1969, increased by
a sum equal to fifteen per cent of the average annual income in consideration
of the compulsory nature of the acquisition.
9. (1) Any person having interest who is
aggrieved by the order made under section 7 or section 8 may, by written
application to the authorized officer, require that the matter be referred by
the authorized officer for the determination of the District Court, whether his
objection be to the amount, or the apportionment of the amount among the pesons having interest.
(2) The application shall state the
grounds on which objection to the order is taken; and every such application
shall be made within 90 days from the date of receipt of such order.
(3) Any order made by the authorized
officer under section 7 or 8 or an application under this section shall be
subject to revision by the High Court, as if the authorized officer were a
Court subordinate to High Court within the meaning of section 115 of the code
of Civil procedure, 1908.
10. (1) In making the reference the authorized
office shall state for the information of the District Court, in writing under
his hand-
(a) the nature of the hereditary right or
privilege claimed by the person having interest;
(b) The names of the person having
interest in such right or privilege, and the share of each such person in the
amount paid under section 6 or section 8
(c) his reasons for arriving at the
aggregate income, if any arising out of
such right or privilege;
(d) the documentary evidence, if any,
adduced by the applicant;
(e) if the objection be to the amount,
the grounds therefore.
(2) To the said statement shall be
attached a schedule giving the particulars of the notices served upon, and of
the statements in writing made or delivered by the parties interested,
respectively.
11. The District Court shall thereupon
cause a notice specifying the day on which the Court will proceed to determine
the objection, and direction their appearance before the Court on that day, to
be served in the manner prescribed on the following persons, namely :-
(a) the applicant;
(b) all persons having interest in the
objection, except such (if any) of them at have consented without protest to
receive payment of the amount specified in the order of the authorized officer;
and
(c) If the objection is in regard to the amont specified in the order, the authorized officer.
12. The scope of the inquiry in every
such proceeding shall be restricted to a consideration of the interests of the
persons affected by the objection.
13. Every such proceeding shall take
place in open Court, and all person entitled to practice in any Civil Court in
the state shall be entitled to appear, plead and act, as the case may be, in
such proceeding.
14. In determining the payment of amount
the District Court shall take into consideration the provisions of
sub-section(3) o section 8, but 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 hereditary right and privilege abolished and
acquired under section 4.
15. (1) Every order made by the District Court
shall be in writing signed by the Judge, and shall specify the amount ordered
to be given together with the grounds of giving the said amount.
(2) Every such order shall be deemed to
be a decree, and the statement of the grounds of every such order, a judgment
within the meaning of section 2, clause (2), and section 2, clause(9),
respectively, of the code of Civil Procedure, 1908.
16. Every such order shall also state
the amount of costs incurred in the proceedings under this Chapter, and by what
personas and in what proportions they are to be paid.
17. 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.
18. (1) On making an order under section 7 or 8
the authorized officer shall out of the monies provided by the State Government
in this behalf tender payment of the amount ordered by him to the persons
entitled thereto according to the order and shall pay it to them unless
prevented by someone or more of the contingencies mentioned in sub- section (2).
(2) 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, the authorized officer shall
deposit the amount in the District Court:
Provided
that, any person admitted to be interested may receive such payment under
protest as to the sufficiency of the amount:
Provided
further that, no person who has received the amount otherwise than under
protest shall be entitled to make any application under section 9:
Provided
also 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.
(3) Not with standing anything contained
in sub-section(1) there shall be paid out of the Temples Fund to the State
Government such portion of the total amount paid or deposited by the authorized
officer under this section as the State Government may determine in this behalf
and such portion shall be paid by the committee during such period and on
payment of interest at such rate as the State Government may specify in that
behalf.
19. When any money 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 money,
order the same to be invested in such Government or other approved securities
as it may think proper, and may direct the interest or other proceeds of any
such investment to be accumulated and paid in such manner as it may consider
will give the parties interested therein the same benefit there from as they
might have had if they themselves had invested the same.
20. when the amount is not paid or
deposited as provided in section 18, the authorized officer shall pay the
amount ordered by him with interest thereon at the rate of four per centum 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.
CHAPTER III
THE COMMITTEE
21. (1) Subject to the provisions of
sub-section (2) the State Government may, by notification in the Official
Gazette, establish a Committee consisting of the following twelve members, that
is to say –
(a) eleven members, including the chairman,
to be appointed by the State Government from amongst person ordinarily residing
in the state who are devotees of God Vittal and
Goddess Rukmini and who, prior to their appointment,
make a declaration accordingly in the form determined by the State Government;
(b) The President of the Pandharpur Municipal Council – ex-officio, if he is a
devotee of God Vitthal and Goddess Rukmini and makes a declaration as aforesaid; and is not
disqualified under any of the provisions of this Act; and if he is disqualified
or does not make such declaration within the period specified by the State
Government, then a member of such Council appointed by the State Government who
is not so disqualified and who make such declaration;
Provided that, the disqualification under the proviso
to sub-section (1) of section 23 shall not apply in relation to President,
(2) Until the Committee is duly
established under sub-section (1) the State Government may, be notification in
the Official Gazette, appoint a temporary Committee for the purposes of this
Act consisting of two or more person appointed by the State Government in this
behalf; and one of them may be appointed as the Chairman thereof, Upon the
establishment pf the Committee under sub-section (1) the member 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
registered trusts to the Committee duly established under sub-section (1)
(3) The Committee shall be a body
corporate by the name of “shri Vitthal-Rukmini
Temples Committee” and shall have perpetual succession and a common seal and
shall have power to acquire, hold and dispose of property, and to enter into
contracts, and may by the said name sue, or be sued, through its Executive
Officer.
22. A person shall be disqualified from
being appointed as or for continuing as a member-
(a) if he is of unsound mind and stands
so declared by a competent court
(b) if he is undercharged insolvent
(c) if he is a minor;
(d) if he holds any office of profit
under committee;
(e) if he has directly or indirectly by
himself or by his partner any share of interest in any work done by order of
the committee, or in any contract with, by or on behalf of, the committee;
(f) if he is acting as a legal
practitioner for or against the committee;
(g) if he is convicted of any offence
involving moral turpitude;
(h) if he dose not profess the Hindu
religion.
23. (1) In making appointments, the
State Government shall ensure that—
(a) two members of the Legislature (of whom one shall be a member of the Maharashtra Legislature Assembly and the other of the Maharashtra Legislative Council) are appointed; and
(b) at least one women, and at least two
members of whom one shall be a person belonging to a Scheduled Caste and one to
the Scheduled Tribes, are appointed from among persons ordinarily residing in
the State:
Provide that, for a period of 15 years from the
appointed day, no person, who is entitled to claim the amount under section 6
or section 8, shall be appointed on the Committee.
(2) A person appointed under clause (a)
of sub-section (1) shall cause to be member of the Committee if he ceases to be
a member of the Maharashtra Legislative Assembly or
the Maharashtra Legislative Council.
(3) A person ceasing to be a member
shall, unless disqualified under section 22, be eligible for reappointment.
24. The member appointed by the State
Government shall hold office for a period of five years commencing from the
date on which the notification under subsection (1) on section 21 is published
in the Official Gazette;
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 establishing the new committee is published in the Official
Gazette.
25. Any member appointed by the State
Government may resign his office by writing under his hand addressed to the
Chairman, and the Chairman may resign his office of Chairman or of member by
giving similar notice to the State Government; and the office of the member or
of the Chairman shall become vacant on the acceptance of such resignation by
the Chairman or by the Sate Government, as the case may be, the notice shall be
delivered in the prescribed manner.
26. (1) The State Government may,
subject to the provision of this section, on the recommendation of the
Committee supported by not less than two-thirds of the number of members present
and voting, remove any member if he has been guilty of misconduct in the
discharge of his duties (including being found guilty of breach of trust,
negligence, miss-application or misappropriation of funds or for having caused
loss, damage or wastage of any property of the endowment or registered trusts
or of the Temple fund) or of any disgraceful conduct, or acting in any manner
detrimental to the interests of the endowment, the registered trusts or
devotees or pilgrims who visit Pandharpur for darshan of any of the deities in the Temples, or has become
incapable of performing his duties as a member:
Provided that, no such member shall be removed from
office, unless he has been given a reasonable opportunity to furnish his
explanation, and the Charity Commissioner is also heard.
(2) At the time of removing such member
from the Committee, it shall be lawful for the State Government to determine
the loss caused by the acts or omissions of such member removed, and direct the
recovery thereof from him as arrears of land revenue.
(3) On receipt of such recommendation,
it shall be lawful for the State Government on just and sufficient cause to
suspend such member from the Committee till the final decision in the matter.
(4) On removal or suspension of a member,
the State Government under this section shall be final and shall not be called
in question in any Civil Court.
27. (1) If any member during the term of his office-
(a) Becomes disqualified under section 22
or
(b) Is absent, without the permission of
the Committee, from three consecutive meetings thereof,
The office of such member shall become vacant.
(2) If any question is raised, whether a
vacancy has occurred under this section, the State Govrnment
shall decide the question, and its decision thereon shall be final. Until the
State Government decides that the vacancy has occurred, a member shall not be
disabled from continuing to be a member;
Provided
that, no decision shall be given against any member without giving him
reasonable opportunity of being heard.
28. If in the event of a vacancy
occurring on account of death, resignation, disqualification or removal of a
member or through a member becoming incapable of acting previous to the
expiration of his term of office or otherwise, the executive Officer shall
forthwith communicate the occurrence to the Sate Government; and the vacancy
shall be filled as soon as conveniently may be by the appointment of a person
thereto, who 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 :
Provided
that, if the vacancy occurs within six months preceding the date on which the
term of office of the member expires, the vacancy shall not be filled.
29. (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) 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,
30. (1) The office of the Committee
shall be at Pandharpur.
(2) For the transaction of its business,
the Committee shall meet at Pandharpur at such
intervals as may be prescribed.
(3) The Committee shall make by-law
consistent with this Act with respect to the conduct and adjournment of such
meetings and generally with respect to the transaction of business thereat
including all matters connected with the holding of such meetings or special meetings
of the Committee.
(4) The quorum for a meeting of the
Committee shall be six.
(5) Every meeting of the Committee shall
be presided over by the Chairman, and in his absence, by a member chosen by the
members present to preside for the occasion.
(6) All questions arising at a meeting
of the Committee shall be decided by a majority of the votes of the members
present and voting;and incase of equality of votes,
the Chairman or the person presiding shall have and exercise a casting vote.
31. No actor 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 inoffice by reason of any disqualification
or by reason of any irregularity or illegality in his appointment.
32. (1) The Committee shall have power-
(a) to carry out the duties entrusted to
it under this section;
(b) to collect daily offerings, dakshina, bhogs, donations,
subscriptions and the like in the Temples, to the complete exclusion of any
other person and to ensure the safe custody thereof and of the Temples Fund,
valuable securities, if any, and jewellery and
ornaments; and to dispose of offerings which the Committee deems fit;
(c) to accept endowments for the
(d) to undertade
any scheme or plan for the purpose of augmenting the revenues of the endowment
and registered trusts, and execute them;
(e) to inquire into and take steps to
recover and take possession of the properties of the endowment and registered
trusts, and execute them;
(f) to dispose of any property of the
endowment or of registered trusts, and to borrow money with the previous
sanction of the Charity Commissioner, subject to such terms and conditions as
may be agreed to in this sanction.
(g) to form sub-committees from amongst
members or outsiders to advise itself on matters pertaining to the
administration and management of the endowment and registered trusts, and to
provide for their composition, procedure and conduct of meeting and for matters
connected therwith including provision for payment of
allowances to members of such sub-committees;
(h) to approach the Charity Commissioner
for the purpose of amalgamating the registered trusts for framing a common
scheme for the same or for modifying any amalgamated scheme for the purpose of
adding new trusts;
(i) to select
officers and employees of the Committee;
(j) to accept as trustee( either managing
or custodian or both), other trusts endowments or any institutions which are
connected with the Temples of Pandharpur;
(k) to acquire or purchase lands or
buildings required for the purpose of development and caring out schemes to
create peaceful and pious atmosphere in or near Vitthal
and
(l) such other power as may be provided
by this Act and rules and by-laws made there under
(2) subject to the provisions of this
Act and the rules made thereunder, it shall be the
duty of the Committee-
(a) to arrange for the proper performance
of nitya or daily and naimittik
or occasional services in the
(b) to provide facilities for speedy an
peaceful darshan of God Vitthal
and of the Goddess Rukhmini and all Parivar Devatas without payment
of any fees, and for the performance of Pujas or
worship by devotees or pilgrims visiting the Temples (including provision for
making available materials for performing pujas and
Prasad) on such reasonable terms as the Committee may from time to time
determine in this behalf;
(c) to ensure the preservation,
development and management of the properties vested in the committee in the
interest of the
(d) to ensure maintenance of order and
discipline and proper hygienic conditions in the
(e) to ensure that the funds of the
endowment and registered trusts, if any, are spent according to wishes, as far
as may be known, of the donors.
(f) to make provision for payment of suitable
emoluments to its salaried staff;
(g) to establish an institution to be
called Tukaram Maharaja Sant
Peeth for imparting knowledge of, and philosophy of
the teachings of all saints who have preached humanitarianism and social
equality; and especially for carrying on research in and the study of and the
publication and propagation of, the writing of the saints of the Warkari Sampradaya and Bhagwat Dharma;
(h) Save as expressly provided by this
Act to com;y with provisions of the Public Trusts
Act; and
(i)
to do such things
as may be incidental and conducive to efficient administration, management and
governance of the endowment and registered trusts, and convenience and
spiritual benefit of the devotees and pilgrims visiting the Temple.
CHAPTER IV
THE EXECUTIVE OFFICER AND ESTABLISHMENT.
33.[(1) The State Government shall
appoint an Executive Officer for the purposes of this Act, who unless-
(a) otherwise determined at the time of
appointment or
(b) removed from his office by the State
Government shall hold office for a period of 3 years]
(2) When a temporary vacancy occurs in
the office of the Executive Officer, the State Government may fill up the
vacancy.
(3) The outgoing Executive officer shall
be eligible for re-appointment.
34. (1) The Executive Officer may be
selected from amongst persons in the active service of the State Government or
from amongst persons who have retired from such service (such person not being
below the rank of an Assistant or Deputy Collector or an officer who in the
opinion of the State Government is of equivalent rank) and who is aperson professing the Hindureligion
and who is a devotee of God Vitthal and Goddess Rukmini and make a declaration accordingly in the form
determined by the State Government for the purpose.
[If he is a person in the active service of the State
Government, he may be appointed to the post of Executive Officer either in
addition tohis won duties or as a whole time officer of
the Committee, If he is a whole time officer of the committee, he shall not
undertake any work unconnected with his office without the permission of the
Committee,]
(2) The State Government may, at any
time either suo motu or on
the basis of a resolution passed by the Committee, suspends or removes the
Executive Officer from his office.
35. (1) The Executive Officer shall be
the Secretary of the Committee and its principal officer; and 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.
(2) Notwithstanding anything contained
in sub-section (1) of this section or in clause (c) of sub-section (1) of
section 5, the Executive Officer shall be responsible for the custody of all
records and properties of the endowment and registered trusts, and shall
arrange for the proper collection of offerings, dakshina,
bhogs or bhets and the like
made in the Temples and shall have power-
(a) to appoint all officer and the
employees selected by the Committee;
(b) to lease out for a period not
exceeding one year at a time, the lands and buildings of the endowment and
registered trusts which are ordinarily leased our;
(c) to call for tenders for works or
supplies, and accept such tender, when the amount or value thereof does not
exceed five thousand rupees
(d) to order emergency repairs;
(e) to decide disputes between employees
of the Committee;
Provided that, the exercise of powers under clause (a),
(b) and (c) shall be subject to the directions, if any, of the Committee issued
specially in that behalf.
(3) Any person aggrieved by the decision
of the Executive Officer under clause (e) of sub-section (2) shall have a right
of appeal within such time as may be prescribed to the Committee whose decision
shall be final, unless set aside by any judgment decree or order of a competent
Court.
36.
The Executive Officer may, in cases of emergency, direct the execution of any
work or the doing of any act which is
not provide for in the budget for the year and immediate execution or the doing
of which is in his opinion necessary for the preservation of the properties of
the endowment and the registered trusts, or for the services or safety of the
devotees and pilgrims visiting the Temples, or for the due performance of pujas and other ritual therein; and may direct, that the
expenses of executing such work or doing the act shall be paid from the Temples
Fund. The executive Officer shall forthwith report to the Committee the action
taken under this section and reasons therefore. A copy of such report along
with the remarks, if any, of the Committee shall be forwarded to the Charity
Commissioner.
37. (1) [After the appointed day, the
Executive Officer shall] as soon as may be, prepare and submit to the Committee
a schedule setting forth the duties, the establishment of the Committee and
embody his proposals with regard to the salaries and allowances payable to
them. Such list may contain also names of person who may perform the services
in rotation or for specific periods, generally or on any special occasion and
of person who may act as substitutes in case any person for any reason is not
able to perform these services in the Temples. Such schedule and list shall
come into force on approval of the Committee.
(2) No change shall be made in such
Schedule and list except with the sanction of the Committee.
38. (1) The Executive Officer shall draw
his pay and allowances from the Consolidated Fund of the State and shall be the
servant of the State Government.
(2) The other officers, servants and
other persons appointed under this Act shall be the officers and servants of
the Committee and their conditions of service including pay and allowances
shall be such as may be determined by the Committee with approval of the
Charity Commissioner and their pay and allowances shall be paid from the
Temples Fund.
(3) There shall be paid every year out
of the Temples Fund to the State Government such amount as the State Government
may determine on account of pay pension, leave and other allowances of the
Executive Officer.
39. During such period or periods as the
State Government may, by order in the Official Gazette, specify, and in such
other manner as it deem fit, the Executive Officer shall, for the purpose of
maintaining law and order within the precincts of the Temples and a distance
within a radius of 1.6 kilometers therefore, exercise all the powers and
perform all the duties respectively conferred and imposed by the [code of
Criminal Procedure Code, 1973,] on the District Magistrate.
CHPTER V.
BUDGET AND AUDIT.
40. (1) The executive Officer shall,
every year, prepare in the prescribed manner and form a budget estimate of the
receipts and expenditure of the endowment and registered trusts for the
following year, and place it before the Committee which may approve it without
modifications or with such modifications as it deems fit. After the approval of
the Committee, the budget shall, notwithstanding anything contained in the
Public Trusts Act, be submitted to the Charity Commissioner for sanction before
such date as may be fixed by the Charity Commissioner in that behalf.
(2) Before sanctioning the budget, the
Charity Commissioner shall satisfy himself that adequate provision has been
made in the budget for the maintenance of the prescribed working balance in the
Temples Fund and for meeting all the liabilities of the endowment and
registered trusts, If the budget as submitted to the Charity Commissioner fails
to made these provisions, the Charity Commissioner may modify and part of the
budget so as to ensure that such provisions are made, The decision of the
Charity Commissioner sanctioning the budget subject to the modifications, if
any, shall be communicated to the committee at least fifteen days in advance of
the commencement of the year to which the budget relates and in the absence of
such communication before the end of the preceding financial year, the budget
shall be deemed to have been sanctioned in pursuance of this section,
Modifications, if any, made by the Charity Commissioner shall be binding on the
Committee.
41. If in the course of any year, the
Committee finds it necessary to modify the figures shown in the budget with
regard to its receipts or expenditure, it may submit a supplementary or revised
budget to the Charity Commissioner, and the provisions of section 40 shall
apply to such supplementary budget.
42. The Charity Commissioner with the
approval of the State Government shall every year appoint an auditor to audit
the account of the endowment and registered trusts in the prescribed manner,
and fix his remuneration which shall be paid to such auditor from the Temple
Fund. The auditor shall submit his report to the Committee, and send a copy of
it to the Charity Commissioner who may issue such directions thereon as he may
deem fit and the Committee shall carry out such directions.
CHAPTER VI
GENERAL
43.There shall be constituted a fund
which shall be called “ The Pandharpur Temples Fund”
which shall be vested in, and be managed and administered by, the Committee;
and shall consist of-
(a) The offerings in cash or sale
proceeds by auction or otherwise of the offerings in kind, received or
collected before the deities in the Temples;
(b) The income derived from the moveable
and immovable properties of the endowment and registered trusts;
(c) All receipts, collections or
donations received or collected by the Committee or any member thereof for or
on behalf of the endowment and registered trusts;
(d) Any contribution or donations
received or collected by the Committee or any member thereof for or on behalf
of the endowment and registered trusts;
(e) All fines and penalties imposed by or
under this Act;
(f) All recoveries made under this Act;
(g) Any gift, donation or contribution
made by any person including local authorities or any institutions to the
endowment or any registered trust;
(h) Sale proceeds of moveable or
immoveable properties vested in the Committee;
(i) Moneys
borrowed by the Committee, if any;
(j) Any receipts received by the
Committee under any scheme or plan undertaken by it;
(k)
Any other receipts or moneys received by the Committee or any member thereof
for or on behalf of the endowment or registered trusts.
44. (1) The Temples Fund shall be utilized
for the following purposes, namely:-
(a) Maintenance of the Temples including repairs
thereof;
(b) Expenses for performance of the nitya or daily or naimitik
occasional seas or services in the Temples;
(c) Providing facilities to devotees or
worshippers for darshan of the deities in the Temples
and for pujas performed therein;
(d) Carrying out religious functions and
festivals in relation to the Temples generally, or on special occasions;
(e) payment of rent, cesses,
taxes, contributions, charges, promia, administration
expenses including salaries and allowances payable to the officers including
the officer appointed under section 53 and servants of the Committee appointed
under this Act and for payment of honorarium and allowances to members of the
Committee or any sub-committee constituted under this Act;
(f) repayment of the portion of the total
amount determined by the State Government under sub-section (3) of section 18
and repayment of Government or other loans, if any;
(g) payment of amount under sub-section (3) of section
38;
(h) establishing an institution to be
called Tukaram Maharaj Sant Peeth for imparting
knowledge of, and giving instruction in, the practice and propagation of the
spirit, tenets and philosophy of the teachings of all saints who have preached
humanitarianism and social equality; and especially for carrying on research in
and the study of, and the publication and propagation of, the writing of the
saints of the Wardari Sampradaya
and Bhagwat Dharma.
(2) The Committee may utilize the
Temples Fund for all or any of the following matters:-
(a) Management and administration of the
endowment and registered trusts including their development;
(b) Training of persons to perform pujas and other religious ceremonies in the Temples;
(c) medicalrelief,
water supply and other sanitary arrangements for the worshippers and pilgrims
or devotees visiting the Temples and providing them with other amenities
including food, milk, clothing) and construction of buildings for their
accommodation on reasonable terms;
(d) Providing at reasonable rates
materials for pujas and Prasad to the devotees or
pilgrims visiting the Temples;
(e) establishing a library of religious
books and writings on principles of various religions and cults; and
(f) with the sanction fo
th Charity Commissioner, for the establishment and
maintenance of, ro the making of any grant or
contribution to any hospital, school, orphanage or similar other institution either
within or without the limits of Pandharpur.
45. (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 their powers and duties or in the matter of
administration of the endowment and the registered trusts or 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 waris and festivals in, or connected with, the Temples.
(2) The State Government or any officer
authorized by the State Government may call for all such information, account or report as may,
in its or his opinion, be reasonable necessary to satisfy itself or himself that
the endowment and registered trusts are being properly maintained and
administered, and the Temples Fund in being duly appropriated to the purposes
for which it is constituted, and the Committee shall, on such requisition,
furnish forthwith such information, accounts or report to the State Government, or as the case may
be, such officer.
46. The State Government may depute any
person to inspect any movable or immovable property, records, correspondence,
plans, accounts and other document relating to the endowment and registered
trusts; and the Committee and its officers and servants shall be bound to
afford all facilities to such person for such inspection.
47. If, on receiving the report of the
Charity Commissioner, the State Government is of opinion that it is necessary
or expedient so to do, it may call for and examine the record of the Executive
Officer or of the Committee in respect of any proceeding with a view to satisfy
itself as to the legality of such proceeding, or the correctness, legality or
propriety of any decision or order made there under; and if, in any case, it
appears to the State Government, that any such decision or order should be
modified, annulled or reversed or remitted for reconsideration, it may pass
orders accordingly.
The State Government may stay the execution of any
such decision or order pending the exercise of its power under this section in
respect thereof :
Provided that, the State Government shall not pass any
order under this section unless the parties concerned are given an opportunity
to render an explanation.
48. All public officers having custody
of any record, register, report or other documents relating to the endowment
and registered trusts or any movable or immovable property thereof shall
furnish such copies of, or extracts from, the same as may be required by the
Executive Officer.
49. (1) The Committee shall annually
prepare and submit to the State Government through the Charity Commissioner a
report on the administration of the affairs of the endowment and registered
trusts which months from the close of each year.
(2) A list of such report , together
with the amounts of the endowment and registered trusts and the report of the
auditor and the direction issued by the Charity Commissioner thereon, shall be
published in the Gazette, and then laid on the table of each House of the State
Legislature as soon as may be possible.
50. The officers, servants and employees
of the Committee and members thereof
shall be deemed to be public servants within the meaning of section 21 of the Indian penal code.
51.Save as otherwise expressly provided
in this Act, no suit or proceeding shall lie in any court against the State
Government or against the Committee or any member thereof or the Executive
Officer or any other officer or employee of eh Committee for anything in good
faith done or purported to be done by any of them under the provisions of this
Act.
52. This Act shall have effect
notwithstanding anything to the contrary contained in any law for the time
being in force or in any scheme of management of the Temples framed before the
appointed day or in any decree or order of any Court or any practice, custom,
usage, prevailing, in relation to the endowment or registered trust.
53. (1) If, on receiving a report of the
Charity Commissioner, the State Government is of opinion that the Committee is
not competent to perform or makes default in performing the duties imposed on
it under this Act, or exceeds or abuses its powers, the State Government may,
after due enquiry, by notification in the Official Gazette, dissolve the
Committee and re-establish another Committee within a period of six months from
the date of dissolution, or supersede the Committee for such period not
exceeding six months, as the State Government may deem fit.
(2) Before issuing a notification under
sub-section (1), the State Government shall communicate to the Committee the
grounds on which they propose to do so, fix a reasonable time for the Committee
to show cause against the proposal and consider its explanations or objections,
if any.
(3) Where a Committee is dissolved or
superseded under this section, the State Government shall appoint a person from
amongst person in the active service of th State
Government or from person who have retired from such service (such person not
being below the rank of a Collector) and professing the Hindu religion and who
is a devotee of God Vitthal and Goddess Rukmini and make a declaration accordingly in the form
determined by the Sate Government for the purpose to exercise the powers and to
perform the functions of the Committee until the re-establishment of another
Committee, or till the expiry of the period of super session, as the case may
be :
Provided that the period during which the Committee
remains superseded shall not have the effect of extending the term of office of
a member beyond the period of five years as specified in section 24
(4) The state Government may fix
remuneration and other conditions of service for such officer add the same
shall be paid from the Temples Fund.
54. (1) The State Government may, be
notification in the Official Gazette and subject to the condition of previous
publication, make rules for carrying into effect the purposes of this Act.
(2) 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 session, and if
before he 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 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.
55. (1) The Committee may,
notwithstanding anything contained in any law, order, custom, usage, or any
decree, order or scheme made by any Court, with the previous approval of the
Charity Commissioner make by-laws not inconsistent with this Act or any rules
there under for all or any of the following matters, namely :-
(a) Prescribing qualifications of persons
for the purposes of performing nitya or daily or naimittik or occasional pujas or upchars in the Templess, their
recruitment and conditions or service,
(b) manner of taking darshan
of deities and timings thereof, generally or on any specified occasion,
(c) the various types of pujas to be performed in the Temples, person who may
perform the pujas either by themselves or through pujaris employed by the Committee and the issue of permits
in that behalf, the charges to be paid for performing different types of pujas,
(d) prohibition against demand of dakshina in the
(e) restriction on residence in the
(f) removel of
person from the Temples who pester devotees or pilgrims by soliciting dakshina and prevent them from having peaceful darshan of the deities and use of necessary force with the
assistance of the police, if necessary, for that purpose,
(g) for any matters which may enable
devotees and pilgrims to have peaceful darshan of the
deities in the Temples, proper arrangements, therefore generally, and on
specified occasions, maintenance of order in the Temples and for all other
matters for the better administration of the endowment and registered trusts
and provision for operating the Temples Fund and guidance of the officers and
servants of the Committee and for the purposes of carrying out the purposes and
objects of this Act.
(2) The bye-laws may provide that any
person who contravenes any by-law or any provision thereof, shall on
conviction, be punished with fine which may extend to fifty rupees.
56. Save as expressly provided by or
under this Act, the provisions of the Public Trusts Act shall apply in relation
to the management and administration of the Temples, the properties of the
endowment and registered trusts, Temples Fund and all matters ancillary or
connected therewith
57. If any difficulty arises in giving
effect to the provisions of this Act, the State Government may, as occasion
requires, by order do anything which appears to it to be necessary for the
purpose of removing the difficulty.
SCHEDULE A
[See section 2(g)]
Description of daily or nitya
sevices in the temple of God Vitthal
All those who have to render services in the morning
have to be present clad in silken clothes which are considered to be holy,
after having their bath in the temple of God Vitthal.
At about 4-00 a.m. the door of the Chowkhambi
Hall in which the bed chamber is situated, is opened with a key. Standing with
folded hands, the person opening the door bags of the deity to awake and arise,
After entering the bed-chamber, he removes the remnants of the naivedya offered the previous night, closed the door of
that chamber, enters the sanctum and offers butter and sugarcandy
to idol of Vitthal.
Kakad arati
2. Then starts the ritual of Kakad-arati. A thick wick soaked in ghee or clarified
butter (called kakada) is waved before the idol of
God Vitthal and all those present sing songs in
praise of the God. When this is over a naivedya of
butter and sugarcandy is offered to the idol, the Kakada or the lighted wick is waved again but without
accompaniment of songs, and the Kakada is brought out
and circulated among all the persons present who singnify
with their hands in token of having partaken of the grace carried by the
lighted wick.
Padya-puja
3. After the Kakad-arati
is over, the ritual of padya-puja starts, After
waving lighted incense sticks or agarbattis, a light naivadya is offered to the idol of God Vitthal
after which the idol is unrobed after removal or the garlands of flowers. Then
starts the maha puja. It is
a shodashopchar puja.
Maha-puja
4. A midst recitation of Vedic hymns purushsukta, the deity is bathed with the water followed by
a bath with five nectars milk, curs, honey, ghee and sugar followed by plain
and scented water. Twice a week on Wednesday and Sunday, the idol of God Vitthal is anointed with oil and rubbed with sugar and
water to remove the film of oil. After the bath is over, the idol is wiped
clean by the person incharge of puja
with a piece of cloth, and is dressed for the morning. Scent is applied and
mirror is shown holding it in front of the idol. This is followed by naivadya or the offering of eatables, and then a lighted “ekarti” or a thin lighted wick is waved before the idol.
After the light is shown it si taken outside and
waved before several other Devatas callede Parivar Devatas. During the ekarti, the
devotional songs are sung. This ritual ends a little after sunrise; and from
7-00a.m. to 11-00 a.m. after the “artati”, the idol
of Vitthal is open to the public for having darshan.
Maha naivedya
5. At mid-day, the maha
nivedya or the offering of food, consisting of puris, rice, dal, vegetables and
five types of sweets, prepared in the special kitchen of the God, is made to
the deity. Except the offering of maha-naivedya,
there is no ritual; but at the time of this maha-naivedya
itself, several persons bring food prepared at their houses, place it for a few
seconds before the idol of God Vitthal and take it
home.
Afternoon
change of dress
6. At about 3or4 p.m. the idol is given a change of
dress. It is adorned with ornaments only on special occasions; otherwise, only
the minimum daily ornaments are placed on the idol. The God is dressed, it is
suggested, to receive the devotees in the afternoon. After dressing the idol, a
naivedya of laddus or
sweet-balls is offered to the idol, presumably as afternoon repast.
Dhuparti
7. Between 4 p.m. and evening, the idol
of Vitthal is open for darshan
to devotees. In the evening at about sunset, the ritual of dhuparti
takes place. An incense burner with incense is lighted and amidst sound of
bells and cymbals songs are sung. Flowers are offered after washing the feet of
the idol. At the dhuparti time also, alight naivedya is offered.
Shejarti
8. Between 10 and 11 p.m. the shejarti ritual takes place and this attracts a large
crowd. Water is sprinkled on the floor between the throne of the idol and the
bed-chamber, it is swept and a cloth called paulghadi
is spread on it. The door of the bed-chamber is opened, the bed is arranged, a
lamp is lighted and a bowl of hot milk and a spittoon are placed at God’s feet.
The feet of the idol are washed. Hymns are chanted and after ekarti hymns, and after ekarti or
a thin lighted wick is waved, the idol is undressed. After offering of flowers,
etc, the God is supposed to enter the ante-chamber, and all leave the place.
9. The routine of nitya
puja and upachars stanted above varies on Ekadashis
which occur twice a month, being the 11th day of the bright half and
11th day of the dark half of the lunar month. The naivedya offerd on these days is
of articles considered to be permissible to be taken on Ekadashi,
and as God Vitthal is not supposed to sleep on the
night of the Ekadashi, no shejarti,
and consequently, no kakadarti sleep on the night of
the Ekadashi, no shejarti,
and consequently, no kakadarti on the following
mourning takes place, since the God does not require to be a wakened
Note – (1) of the 24 Ekadashis
in a year, four are important when waris or groups of
pilgrims who regularly visit, come to Pandharpur. Theay are Ashadhi, kartiki, Maghi and Chitri Ekadashis. The first twq attract a large number of pilgrims in lacs. If it is a leap year which is generally the every
third year, in which there is an extra month called Adhikmas,
the Ekadashi of that month also attracts a large
number of pilgrims as Adhikmas is regarded as a holy
month.
(2) There are other festivals observed
besides the Ekadashi and they are Ramnavami,
Narsinha jayanti, Goku Ashtami or Jamashtami and Mahashivratri.
Though Vitthal is considered to be the form of Vishnu
and, therefore, the temple a Vaishnav temple to Bhagwat Sampradaya, the Mahashivratri which is a day consecrated to Shiva is also
important and is observed, a fact distinguishing Bhaktimarg
which the temple of the God Vittthal propagates.
After the waris or fairs are over, a prakshal puja is held.
Temple of Goddess Rukmini and other Devatas
In
the temple of Goddess Rukmini, the consort of God Vitthal the same nitya rituals
take place soon after their performances in the temple of God Vitthal presumably to provide an opportunity to the
devotees to attend and witness rituals in both the Temples. While there is no
substantial difference in the nitya upachars in both the Temples on special occasions, those
appropriate. For the female deity are in vogue in the temple of Goddess Rukmini. There are also female Pariwar
Devatas of Rukmini, Satyabhama and Rahi or Tahdhika and the Pariwar Devatas of God Vitthal where nitya pujas are performed.
SHEDUBE B
[see section 2 (t)]
Special
services or pujas performed by or on behalf of
devotees in the Temples of God Vitthal and Goddess Rukmini, such as-
1.
Maha puja,
2.
Padya puja,
3.
Tulshi archan puja,
4.
Kapur arti,
5.
Alankar puja,
6.
Savastra puja,
7.
Avastra puja,
8.
Keshar Archan.
9.
In
the Temple of Goddess Rukmini on special occasions,
such as navartra, kumkum archan puja is perfoemed instead of the Tulsi archan puja in the Temple of God Vitthal and khan cocoanut, etc, are presented as Ooti which rituals are appropriate for the female deity.
SHEDUBE C
[see section 2 (za)]
1.
Shri Vithoba Temple, Pandharpur, P.T.R.No. A-379 (Solapur)
2.
Shri Rukmini Temple, Pandharpur (along with all its Pariwar
Devatas), P.T.R.No. A-365 (solapur)
3.
The Pariwar Devatas of Vithoba, Pandharpur (all the Pariwar Devatas registered under
a separate trust ), P.T.R.No. A-378 (solapur)
4.
Shri Vitthal Rukmini
Deosthan Committee, P.T.R.No.
A-324 (solapur) along with P.T.R.No.
A-161, A-162 and A-163 (solapur) amalgamated with the
Deosthan Committee by an order of the Court.
5.
Shri Garud Deosthan,
P.T.R.No. A-334 (solapur)
6.
Samasta Koli Samajachi
Mahadev Devasthane and Pundlik Devasthan, Pandharpur P.T.R.No. A-382 (solapur) in so far as this trust relates to the four Shivlingas referred to in clause (q) of section 2 of this
Act.
7.
SHEDUBE D
[see section 6 (1)]
(1) (2)
Persons Amounts
1. Bacves 2,34,888.00
2. Sevadharis-
(a) Pujaris 33,638.00
(b) Benaris 10,925.00
(c) Paricharaks 6,038.00
(d) Hardas 6,038.00
(e) Dingres 2,588.00
(f) Danges 2,013.00
(g) Diwates 2,013.00
3. Utpats 69,000.00
4. Kolis 1,438.00
3,68,579.00