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The Shree Sai Baba Sansthan Trust (Shirdi) Act, 2004
Maharashtra Act No. 14 of 2004
MH255
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LEGISLATIVE HISTORY 6 |
(a) "Advisory Council" means the Shree Sai Baba Sansthan Advisory Council constituted under section 18;
(b) "appointed day" means the day appointed by the State Government under sub-section (2) of section 1;
(c) "Bhakta Mandal" means the Shree Sai Baba Bhakta Mandal referred and recognized under section 19;
[(c-1) "Chief Executive Officer" means the Chief Executive Officer of the Committee;]
(d) "Committee" means the Shree Sai Baba Sansthan Management Committee constituted under section 5;
(e) "Executive Officer" means the Executive Officer of the Committee;
(f) "Management Fund" means the Management Fund constituted under section 22;
(g) "member" means a member of the Committee and includes the Chairman and Vice-Chairman of the Committee;
(h) "prescribed" means prescribed by rules made by the State Government under this Act;
(i) "regulations" means regulations made by the Committee under this Act;
(j) "Sansthan" means Shree Shirdi Sai Baba Sansthan belonging to the Shirdi Sai Baba Temple Trust and popularly known as the Shree Shirdi Sai Baba Sansthan Trust of Shirdi;
(k) "Sansthan Trust" or "Trust' means the Shri Sai Baba Sansthan Trust (Shirdi) constituted under section 3;
(l) "Trust Fund" means the fund of the Sansthan Trust constituted under section 20;
(m) words or expressions used in this Act, but not defined, shall have the meanings, respectively assigned to them in the Bombay Public Trusts Act, 1950.
3. Reconstitution of Sansthan Trust and transfer to and vesting of properties in that Trust. - (1) On the appointed day, in place of the public trust registered under the Bombay Public Trusts Act, 1950, by the name of "Shirdi Sansthan of Shri Sai Baba" at Shirdi, District Ahmednagar (hereinafter referred to as "the erstwhile trust"), a trust by the name of the "the Shree Sai Baba Sansthan Trust (Shirdi)", shall be deemed to be re-constituted under this Act. (2) On the appointed day, all the properties, whether movable or immovable (including all assets, rights, liabilities and obligations) of the erstwhile trust shall, by virtue of this Act, stand transferred to and vested in, the Sansthan Trust and the Executive Officer shall, on behalf of the Committee, be entitled to their possession and management from that day. 4. Transfer of possession of properties to Sansthan Trust. - (1) The Board of Management of the erstwhile trust and every other person in possession of any immovable property of the erstwhile trust, which has vested under section 3 in the Sansthan Trust, shall hand over possession thereof, alongwith movable property thereon with a full inventory, to the Executive Officer on behalf of the Committee forthwith but in any case not later than one month or such longer period as may be allowed by the Committee, in writing. (2) The Board of Management of the erstwhile trust and every other person in possession of the movable property of the erstwhile trust which is in the form of deposits in banks or investment in shares shall, within thirty days or such longer period not exceeding sixty days, in the aggregate from the appointed day, as the Committee may allow, transfer or cause to be transferred, such property, with a full inventory, to the Executive Officer on behalf of the Committee. (3) The Executive Officer shall prepare a list of the entire movable and immovable property vested under section 3 in the Sansthan Trust showing detailed description and approximate value of each property and submit a copy thereof to the Charity Commissioner and the Principal Secretary and Remembrancer of Legal Affairs, Law and Judiciary Department, within ninety days from the appointed day. The original list of the properties shall be preserved permanently in the office of the Sansthan Trurt. (4) Where any property is handed over a transferred as provided under subsection (1) or (2), the Executive Officer shall, after due verification of the inventory, pass a receipt in writing for the same to the transferor, and thereupon, the Executive Officer shall be responsible for safe custody of such property. (5) The Board of Management of the erstwhile trust and every other person who has handed over or transferred any property of the erstwhile trust to the Executive Officer and obtained the receipt thereof under sub-section (4) shall, stand indemnified, released and discharged from all accounts, suits or other legal proceedings, claims and demands or liability in respect of that property. 5. Constitution of Committee of Management of Sansthan Trust. - (1) For the purpose of management of the Sansthan Trust, on or after the appointed day, a Committee to be called "the Shree Sai Baba Sansthan 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 and not more than [fifteen] other 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 one member shall be from the socially and economically weaker sections. [Provided further that, out of the total number of members, not less than eight members including the Vice-Chairman, shall be persons having educational background with professional or specialized knowledge, qualifications and practical experience in one or more of the fields such as law, Business Management, Public Administration, Engineering, Architecture, Public Health, Medicine or Rural Development.] (3) The President of the Shirdi Nagar Panchayat shall be the ex-officio member of the Committee. (4) 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. 6. Allowances to member. - (1) There shall be paid from the Management Fund to each member such honorarium, fees and allowances as the Chairman, Vice-Chairman or as the case may be, member of the Committee, as may be determined by the State Government, from time to time. (2) Notwithstanding anything contained in any other law for the time being in force, a member shall not be disqualified for being chosen as, or for being a member of the State Legislature or a Local Authority, merely by reason of the fact that he is a member of the Committee or that he receives any honorarium, fees or allowances under this section. 7. Term of office of member. - (1) A 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. 8. Conditions for being member. - 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 Sai Baba and shall, prior to his appointment as a member make such declaration in the prescribed form.
9. Disqualification for membership. - (1) A person shall be disqualified for appointment as or for being, a member, if he-(a) is a minor;
(b) is of unsound mind, and is so declared by a Competent Court;
(c) is an undischarged insolvent;
(d) has directly or indirectly any interest in a lease or any other transaction relating to the immovable property of the Sansthan Trust;
(e) save as provided in sub-section (1) of section 6, 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 or any service, undertaken by the Committee in respect of the Sansthan Trust;
(f) is guilty of misconduct or who has been charge-sheeted for the offence involving moral turpitude or is otherwise found to be unfit.
(2) If it appears to the State Government that a member has incurred any of the disqualifications as provided in sub-section (1), the State Government may, after giving such member an opportunity of showing cause and after considering any such cause shown, remove such person from membership, and the decision of the State Government shall be final. 10. Power to appoint new member. - The State Government may appoint a new member, when an existing member-(a) resigns or dies;
(b) is for a continuous period of six moths absent from India, without obtaining leave from the Committee;
(c) leaves India for the purpose of residing abroad;
(d) desires to be relieved.
(e) refuses to act or neglects to perform his duties as such member;
(f) is removed or this membership is terminated by the State Government;
(g) ceases or is disqualified to be or continue to be, a member under any of the provisions of this Act.
11. Meeting of Committee and rules of procedure. - (1) For the transaction of its business, the Committee shall meet at such intervals as it may determine, from time to time, so however, that not more than thirty days shall elapse between the two meetings, (2) The quorum of the meeting of the Committee shall be [eight]. [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, and may be disposed of in such 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 presents. (4) All questions arising at the meeting of the Committee shall be determined by the majority of the 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. (5) [The Chief Executive Officer] appointed under section 13 shall be the Secretary of the Committee and shall be responsible for the maintenance of the minutes of the proceedings of every meeting duly countersigned by the Chairman or any other member presiding at the meeting. (6) Consistent with the provisions of this Act and the rules made thereunder, the Committee shall make regulations for regulating its procedure and the conduct of its business. 12. Act of Committee not invalid by reason of vacancy or defect. - No act or proceeding of the Committee shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in its constitution or in appointment of any member. 13. Executive Officer and other officers of Committee. - (1) The State Government shall appoint [the Chief Executive Officer] for the purposes of this Act, who 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 Chief Executive Officer] of the erstwhile trust immediately before the appointed day shall continue to work as such, till the appointment of [the Chief 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. [(2) The Chief Executive Officer shall be selected from amongst the officers from the cadre of Indian Administrative Services : Provided that, such officer shall be a devotee of Shree Sai Baba and shall make such declaration in the prescribed form : Provided further that, the officer belonging to the Indian Administrative Services appointed as the Executive Officer prior to the date of commencement of the Shree Sai Baba Sansthan Trust (Shirdi) (Amendment) Act, 2017, and working on that date shall be deemed to have been appointed as the Chief Executive Officer under this section.] (3) When a temporary vacancy occurs of the office of [the Chief Executive Officer] by reason of sickness or leave or any other similar reason, the State Government may fill up the vacancy by appointing a suitable person, for the period of absence of the Executive Officer. (4) The Committee may appoint such officers (other than [the Chief Executive Officer]) and employees as it deems necessary for the efficient management of the Sansthan Trust and performance of its duties and functions under this Act: Provided that, no officer or employee, who is paid or is to be paid a salary of more than two thousand rupees per month, shall be appointed by the Committee, unless such post is first sanctioned as per the staffing pattern approved by the State Government. 14. Powers and duties of officers of Committee. - (1) [The Chief Executive Officer] shall be the Chief Administrative Officer of the Committee. He shall, subject to the general control of the Committee, have powers to carry out the decisions of the Committee in accordance with the provisions of this Act. (2) In particular and without prejudice to the generality of the provisions contained in sub-section (1), [the Chief Executive Officer] shall be responsible for the custody of all properties and records of the Trust and shall make proper arrangements for collection and deposit of offerings made in the Temple and shall have powers, subject to the control of the Committee,-[(a) (i) to transfer any officer or employee as and when needed ;
(ii) to take disciplinary action against any officer or employee of the Committee;
(iii) to propose the suspension of any officer or employee of the Committee to the Committee;]
(b) to call for tenders for works or supplies and accept such tenders when the amount or value thereof does not exceed [five lakh rupees];
(c) to dispose of perishable offerings by auction or otherwise and credit the sale proceeds to the Trust Fund;
(d) to undertake urgent repairs or measures required for safety or convenience of the devotees;
(e) to do all other acts and things, 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 Chief Executive Officer] or under the regulations, from time to time. [(4) The Chief Executive Officer may, in case of emergency, direct execution of any work or the doing of any act, involving expenditure not exceeding rupees five 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 Trust or for the services or safety of the pilgrims resorting to the Sansthan and may also direct that such expenses not exceeding five lakh rupees for executing such work or doing of such act, shall be paid from the Trust Fund. The Chief Executive Officer shall forthwith report to the Committee, the action taken under this section for approval alongwith the reasons therefor.] [14A. Powers for execution of development plan of Shree Sai Baba Mahasamadhi Centenary Celebration. - For the purpose of execution of proposals included in the development plan of Shree Sai Baba Mahasamadhi Centenary Celebration, duly approved by the Action Plan Committee constituted under the Government Resolution, Law and Judiciary Department, No. SSV. 2013/C.R. No. 1/D-16, dated the 22nd October 2013,-(a) the Chief Executive Officer shall have power to sanction the expenditure upto twenty-five lakh rupees ;
(b) the Committee shall have power to sanction the expenditure upto one crore rupees ; and
(c) the proposals involving expenditure of more than one crore rupees shall be sanctioned by the State Government.]
15. Terms and conditions of service of [Chief Executive Officer] and other officers and employees. - (1) [The Chief Executive Officer] of the Committee shall be appointed on such terms and conditions of service as may be determined by the State Government, from time to time. (2) Other officers and employees of the Committee shall be appointed on such terms and conditions of service as may be determined by regulations. (3) The salary and allowances and other expenses of [the Chief Executive Officer] and other officers and employees of the Committee shall be paid out of the Management Fund. 16. Allocation of employees of public trust to Sansthan Trust. - Any person who, immediately before the appointed day, has been in service and is serving in connection with the affairs of the erstwhile trust shall be deemed to have been allocated and appointed as from the appointed day, for service under the Committee in connection with the affairs of the Sansthan Trust, on the same salary and other terms and conditions of service which were applicable to him immediately before the appointed day; and such conditions of service shall not be varied to his disadvantage or such employee shall not be removed from service by the Committee, except with the previous approval of the State Government: Provided that, nothing in this section shall affect the powers of the Committee to terminate the services of any such person in accordance with the provisions of this Act or the rules. 17. Duties and powers of Committee. - (1) Subject to any general or special orders of the State Government, it shall be the duty of the Committee to manage the properties and affairs of the Sansthan Trust, efficiently, to make proper arrangement for the conduct and performance of rituals, worship ceremonies and festivals in the Temple according to the custom and usages, to provide necessary facilities and amenities to the devotees and to apply the income of the Trust to the objects and purposes for which the Trust is to be administered under this Act. (2) In particular and without prejudice to the generality of the provisions contained in sub-section (1), the Committee shall,-(a) prepare the annual budget estimating the income and expenditure of the Trust and send a copy of it to the State Government and the Charity Commissioner;
(b) maintain proper accounts and records of the properties and the income and expenditure of the Trust;
(c) cause the accounts of the Trust to be audited annually by such person and by such date in the next succeeding year as the State Government may direct;
(d) make regular payment of salaries, honorarium, fees and allowances and other sums payable to the members, [the Chief Executive Officer] and other officers and employees of the Committee from the Management Fund;
(e) take measures for the recovery of lost property or any sums due to the Trust;
(f) institute and defend suits, prosecutions and other legal proceedings relating to the Trust in a Court or before a Tribunal of other authority;
(g) inspect or cause an inspection to be made of the properties of the Trust, from time to time, and to take prompt steps to remove any encroachments made on such properties;
(h) supply such returns, statistics, accounts and other information with respect to the Trust as the State Government may, from time to time, require;
(i) generally do all such acts as may be necessary for the purposes of proper management, maintenance and administration of the properties and affairs of the Trust;
(k) acquire or purchase lands or. buildings required for the purpose of development and carrying out schemes of the Trust and to carry out the objectives or purposes of the Trust;
(l) disseminate and propogate useful knowledge about the life, activities, Leelas and teachings of Shri Sai Baba, and maintain and expand the library of Shri Sai literature;
(m) organize or undertake activities or programmes aimed at promoting the feelings of brotherhood, unity, faith and equality among the devotees of Shri Sai Baba;
(n) promote or help secular education of all types and establish educational institution at Shirdi, or other places;
(o) promote any other noble cause aimed at achieving human well being or, to help human beings in calamities.
(3) No immovable property vested in the 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. (4) No jewelleries, ornaments and other valuable movable property vested in the 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. (5) 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. (6) Subject to the provisions of this Act, the Committee shall have all the powers necessary for performing its duties and functions under this Act. 18. Advisory Council. - (1) There shall be an Advisory Council to advise the Committee consisting of the following ex-officio members, namely:-(i) the Chairman of the Committee;
(ii) the Collector of the Ahmednagar District;
(ii) the Superintendent of Police for the Shirdi area of the Ahmednagar District;
(iv) the District Government Pleader, Ahmednager;
(v) the Divisional Controller of the Maharashtra State Transport Corporation, Ahmednagar Division;
(vi) the Executive Engineer, Irrigation Department, having jurisdiction over the Shirdi Nagar Panchayat ;
(vii) the Executive Engineer, Operation and Maintenance Division, Sangamner of the Maharashtra State Electricity Board;
(viii) the District Health Officer; Ahmednagar; and
(viii-b) one officer or representative nominated by the State Government from the Information Technology Department ;
(viii-c) one Joint Secretary or Deputy Secretary from the Law and Judiciary Department who shall be nominated by the Principal Secretary and Remembrancer of Legal Affairs ;
(viii-d) one Architect or person holding equivalent qualifications in State Services, nominated by the State Government ;
(viii-e) two devotees of Shree Sai Baba nominated by the Committee ;
(viii-f) the Joint Director, Town Planning, Nashik;]
(ix) one representative nominated by the State Government.
(2) The Chairman of the Committee shall be the ex-officio Chairman of the Advisory Council. (3) [The Chief Executive Officer] shall act as the Secretary of the Advisory Council. (4) The functions and duties of the Advisory Council shall be such as laid down by regulation. The Advisory Council shall observe such procedure in regard to transaction of business in meetings (including quorum) thereof as may be laid down by regulations. 19. Bhakta Mandal. - (1) There shall be a Bhakta Mandal to recommend about ceremonies, festivals, Poojas, etc, which shall consist of Patrons, Life Members, Ordinary Members, Honorary Members, Associate Members and Institute Members (affiliated). The rate of subscription for each type of membership shall be such as may be laid down by regulations. (2) The membership of the Bhakta Mandal shall be given to a person irrespective of his caste, religion or sex: Provided that, such person has attained eighteen years of the age and is devotee of Shree Sai Baba. (3) The rights, privileges and duties of the members of the Bhakta Mandal shall be such may be laid down by regulations. The Committee shall also lay down by regulations the other terms and conditions to be fulfilled by an applicant applying for the membership of the Bhakta Mandal. 20. Trust Fund. - (1) The Sansthan Trust shall have its own fund to be called 'the Shree Sai Baba Trust Fund'. (2) The following shall form part of or be paid into, the Trust Fund,-(a) all funds vested in the Sansthan Trust by virtue of the provisions of section 3;
(b) all sums received by way of offerings, gifts or donations to the Sansthan Trust or by way of Bhakta Mandal charges or by way of sale proceeds by auction of the things received in kind;
(c) the income derived from the movable and immovable properties of the Trust and the proceeds of sale, lease or other transfer or mortgage of any such properties;
(d) any contributions or grants made to the Trust by Government or by any local authority, trust or other institution or party or person;
(e) any sums due to the Trust and recovered by the Committee; and
(f) all other sum received or collected by the Committee or any member for or on behalf of the Trust.
[(3) All monies and other valuable articles belonging to the Trust Fund shall be deposited or kept only in the Nationalised Bank or Banks or be invested in "the public securities" as defined in clause (12) of section 2 of the Bombay Public Trusts Act, 1950.] (4) The Trust Fund shall be operated by a member or an officer authorised by the Committee in such manner and subject to such condition as may be prescribed. [21. Utilization of Trust Fund. - (1) The Trust Fund shall, subject to the provisions of the Income Tax Act, 1961, be utilised or expended by the Committee for all or any of the following purposes, namely:-(a) the maintenance, management and administration of the Temple and the properties of the Trust;
(b) the conduct and performance of the rituals, worship ceremonies and festivals in the Temple according to the customs and usages;
(c) 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;
(d) to provide meals to the devotees and to run Annachhatra;
(e) for propogating the teaching of Shree Sai Baba;
(f) repayment of any sums borrowed by the Committee, with the sanction of the State Government;
(g) any sums required to satisfy any judgment, decree or award of any court or tribunal or any authority;
(h) the payment of any taxes, rent, compensation, charges and other sums payable by the Trust under any law for the time being in force;
(i) development of the properties of the Trust and acquisition of movable or immovable properties for the purposes of the Trust;
(j) construction and maintenance of rest houses for the accommodation and use of the devotees; and
(k) for fulfilling the duties specified in sub-section (2) of section 17.
[(1A) Subject to the provisions of sub-section (1), the Trust may, with the previous sanction of the State Government, and subject to such maximum limit and such terms and conditions, as may be specified by the State Government by an order published in the Official Gazette, give grant-in-aid to the Government Departments, Government Corporations, Government Companies or Government undertakings for providing or augmenting infrastructural facilities such as bus terminals, railway station, airport and similar infrastructural facilities, for the convenience of the devotees.] (2) After making adequate provisions for the purposes referred to in [sub-sections (1) and (1A)], 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 by the Committee, from time to time for all or any of the following purposes, namely:-(i) with the previous sanction of the State Government for the establishment and maintenance, by a registered public trust or registered society, of any educational institution, sports academy or institute, public library, hospital, dispensary, home for destitutes or physically disabled persons or other charitable or religious institution or any other non-commercial cultural organization set-up by a registered public trust or registered society involved in the field of art or literature; or
(ii) to Shridi Nagar Panchayat for the improvement and augmentation of local civic services and amenities resulting in improvement of the facilities to the Sansthan:
Provided that, there shall be a Scrutiny Committee constituted by the State Government for the purposes of this sub-section, comprising of three members under the Chairmanship of a retired Judge of the Bombay High Court, appointed with the prior approval of the Bombay High Court, and two other members selected by the members of the Committee from amongst themselves; and the term of the Scrutiny Committee shall be co-terminus with the term of the Committee: Provided further that, the Scrutiny Committee shall frame regulations for holding and conducting of its meetings and also discharging its functions under this Act, and shall also frame and publish guidelines in consonance with the directions and guidelines issued by the Bombay High Court in Writ Petition No. 2764 of 2003, in the matter of Kewal R. Semlani, laying down the norms for recommendation of the applications received by the Committee from various registered public charitable trust under the Act, for financial assistance from the Sansthan Trust.] 22. Management Fund and its utilization. - (1) There shall be constituted a separate fund to be called the Management Fund which shall vest in, and be under the control of the Committee. (2) Having regard to the balance, if any, available in the Management Fund, there shall be placed to the credit of this Fund, every year such sum, not exceeding ten per cent. of the approximate gross annual income of the Trust in the last preceding year, as may be fixed by the Committee, with the approval of the State Government. The State Government may, at any time, if found necessary, direct any additional sum to be credited to this Fund from the Trust Fund in any year. (3) The Management Fund shall, subject to any general or special order of the State Government, be applied to-(a) the payment of honorarium, fees and allowances to the Chairman, Vice-Chairman and other members of the Committee, [and the Chairman of the Scrutiny Committee and the outsider members of the Sub-committee constituted under clause (j) of sub-section (2) of section 17];
(b) the payment of salaries and allowances of other officers and employees of the Committee;
(c) the payment of any expenses lawfully incurred by the Committee or any member or officer or employees in the exercise of their powers and performance of their duties and functions under this Act.
23. Suits and other proceedings by or against Trust or Committee. - In all suits and other legal proceedings by or against the Sansthan Trust or the Committee, the pleadings shall be signed and verified by [the Chief Executive Officer] and all processes in such suits and proceedings shall be issued to, or served on, [the Chief Executive Officer] 24. Continuance of legal proceedings by or against erstwhile public trust and construction of references to that Trust. - (1) Where the erstwhile public trust by the name of "Shirdi Sansthan of Shree Sai Baba" at Shirdi, District Ahmednagar or any trustee thereof was, immediately before the appointed day, party to any legal proceedings with respect to any property, rights, liabilities or obligations since vested in the re-constituted Trust under section 3 by the name of "the Shree Sai Baba Sansthan Trust (Shirdi)", the said re-constituted Trust or its Committee, shall be deemed to have been substituted for the erstwhile public trust or its trustees, 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 trust or its trustees in any law for the time being in force or in any rule, regulation, notification or order issued thereunder, or in any instrument or other document shall, on and after the appointed day, unless the context otherwise requires, be construed as a reference to the Trust re-constituted under section 3 or its Committee, as the case may be. 25. Rules. - (1) The power to make rules under this Act shall be exercisable by the State Government by notification in the Official Gazette. (2) Without prejudice to any power to make rules contained elsewhere in this Act, the State Government may make rules for carrying out the purposes of this Act. (3) All 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 dispense with the previous publication of any rule to be made under this Act. (4) Every rule made under this Act 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 or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall, from the date of publication of such notification have effect, only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule. 26. Powers of State Government to give directions, call for report, documents, etc. - (1) The State Government may, give to the Committee general directions as to the matters of policy to be followed by the Committee in respect of their powers and duties or in the matter of administration of the Sansthan Trust 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 festivals in, or connected with the Temple. (2) The State Government or any officer authorised by the State Government may, call for all such information, accounts or reports as may, in its or his opinion, be reasonably necessary to satisfy itself or himself that the Sansthan Trust is being properly maintained and administered, and the Trust Fund is 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. 27. Inspection by Government. - The State Government may, depute any officer not below the rank of [Joint Secretary] to inspect any movable or immovable property, records, correspondence, plans, accounts and other documents relating to the Sansthan Trust, and the Committee and its officers and employees shall be bound to afford all facilities to such officer for such inspection. 28. Power of State Government to call for record, etc. - (1) The State Government may, if it is of the opinion that it is necessary or expedient so to do, call for and examine the record of any proceedings or decision or order of [the Chief Executive Officer] or of the Committee with a view to satisfy itself as to the legality of such proceedings or the correctness, legality or propriety of any decision or other made thereunder, 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. [Provided that, the Chief Executive Officer may send such of the resolutions of the Committee to the Government which he thinks it necessary to be brought to the notice of the Government.] (2) In a case where the record of any proceeding or [decision, resolution or order of the Chief Executive Officer] or of any Committee is called for by the State Government under sub-section (1), the State Government may stay the execution of any such decision or order of the Executive Officer or the Committee pending the exercise of its power under sub-section (1) in respect thereof: Provided that, the State Government shall not pass any order under sub-section (1) unless the parties concerned are given an opportunity to render an explanation. [29. Annual report of Committee. - (1) The Committee shall cause to be prepared the annual report including the 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 Trust and the report of the Scrutiny Committee together with a detailed list of donee institutions (with full address), to whom financial assistance was granted by the Trust with information relating to the object and the amount of such financial assistance, and submit a copy of the report to the State Government and the Charity Commissioner not later than [the 30 September] 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 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 reasonable fees or charges as determined by the Committee.] 30. Power of State Government to suspend or rescind any resolution or order, etc., of Committee in certain cases. - (1) When the State Government is of the opinion that 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 is 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 abuses or misuse of, or to cause waste of the Management Fund or against the interest of the public; the State Government may, by order in writing, suspend the execution of such resolution or order or prohibit the doing of any such act, for such period or periods as it may specify therein. A copy of such order shall be sent forthwith by the State Government to the Committee and to [the Chief Executive Officer] (2) On receipt of a copy of the order as aforesaid, the Committee may, if it thinks fit, within thirty days of receipt of such copy, make a representation to the State Government, in writing against the said order. (3) The State Government may,-(i) after considering the representation, if any, received from the Committee; or
(ii) where no such representation is received within a period of thirty days, either cancel, modify or confirm the order made by it under sub-section (1) or take such order action in respect of the matter as may, in its opinion, be just or expedient, having regard to all the circumstances of the case. Where any order made under subsection (1) is confirmed, the State Government may direct that the resolution or order of the Committee in respect of which the suspension order was made under sub-section (1), shall be deemed to be rescinded.
(4) Where any other made by the State Government under sub-section (3), it shall be the duty of every member of the Committee and [the Chief Executive Officer] and all the officers and employees concerned to comply with such order. 31. Members of Committee and officers and employees of Trust to be public servants. - The members and all officers and employees of the Trust shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code and section 2(c) of the Prevention of Corruption Act, 1988. 32. Protection of action taken in good faith. - No suit, prosecution or other legal proceeding shall lie against the State Government, the Committee or any member, officer or employee of the Committee, for anything which is in good faith done or intended to be done under this Act or the rule and regulations made thereunder. 33. Act to override other laws etc. - The provisions of this Act shall have effect, notwithstanding anything contained in the Bombay Public Trusts Act, 1950, or any other law for the time being in force, or in any scheme of management framed thereunder before the appointed day or in judgment, decree or order of any court, tribunal, Charity Commissioner or other Competent Authority or in any custom or usage. 34. Dissolution and supersession of Committee. - (1) If, the State Government is of the 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 constitute 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, in writing in the grounds on which they propose to do so, fix a reasonable time for the Committee to show cause against the proposed action and consider its explanation or objection, if any. (3) Where the Committee is dissolved or superseded under sub-section (1) the State Government shall appoint a person as an Administrator from amongst the persons in the active service of the State Government or from the persons who have retired from such service (such person not being [below the rank of Divisional Commissioner]) and who is a devotee of Shree Sai Baba and makes such declaration in the prescribed form, to exercise the powers and to perform the functions of the Committee under this Act, until the constitution of another Committee or till the expiry of the period of supersession, as the case may be. (4) The State Government may fix remuneration and other conditions of service for such person appointed as the Administrator under sub-section (3), which shall be paid from the Management fund. 35. Removal of difficulties. - (1) If any difficulty arises in giving effect to any of the provisions of this Act, the State Government may, as occasion arises, by an order published in the Official Gazette, do anything not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the purpose of removing the difficulty: Provided that, no such order shall be made after the expiry of a period of two years from the date of commencement of this Act. (2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature.Notifications
G. N. L. & J. D. No. CHC. 1100/833/(269)/XVII, dated 23rd August, 2004 (M. G. Part IV-B, page 885) - In exercise of the powers conferred by sub-section (2) of section 1 of the Shree Sai Baba Sansthan Trust (Shirdi) Act, 2004 (Maharashtra XIV of 2004) [as amended by the Shree Sai Baba Sansthan Trust (Shirdi) (Amendment) Ordinance, 2004, (Maharashtra Ordinance XXVII 2004)], the Government of Maharashtra hereby appoints the 23rd August 2004 as the date on which the said Act shall come into force.
