Chapter VII SPECIAL PROVISION AS RESPECTS RELIGIOUS AND CHARITABLE INSTITUTIONS AND ENDOWMENTS WHICH VEST IN, OR THE MANAGEMENT OF WHICH VEST IN, THE STATE GOVERNMENT

1[CHAPTER VII-A SPECIAL PROVISION AS RESPECTS RELIGIOUS AND CHARITABLE INSTITUTIONS AND ENDOWMENTS WHICH VEST IN, OR THE MANAGEMENT OF WHICH VESTS IN, THE STATE GOVERNMENT

1. (1) The provisions of this Chapter shall apply to every temple, mosque or endowment created for a public religious or charitable purpose (hereinafter in this Chapter referred to as "the endowment"), which vests in, or the management of which vests in, the State Government and which-
   • (a) has been registered under the provisions of this Act as, or
   • (b) is declared by the State Government by notification in the Official Gazette, after such inquiry as it thinks fit, and after previous publication, to be a public trust. On such declaration such endowment shall be deemed to be a registered public trust for the purposes of this Act and the provisions of Chapter IV relating to the registration of public trusts, shall, as far as may be, apply to the making of entries in the register kept under section 17, provided that such entries shall also conform to the provisions of this Chapter. The entries so made shall be final and conclusive.
2. (2) The State Government shall, as soon as may be after the commencement of this Chapter, publish in the Official Gazette, a list of such endowments as are registered as or declared to be, public trusts, and the State Government may, by like notification and in like manner, add to or delete from such list any endowment entered therein.

The State Government shall, from such date as it determines, and in the manner hereinafter provided, transfer the endowment, or the management thereof to a committee (hereinafter referred to as "committee") and thereupon such endowment together with all the immovable or moveable property appertaining thereto, or as the case may be, management thereof shall vest in the members of such committee ; and the members of the committee shall be the trustees or such endowment within the meaning and for the purposes of this Act.

1. (1) Notwithstanding anything contained in sections 47 and 50 for the purpose of vesting or transferring the management of the endowment under the provisions of this Chapter, to a committee the State Government shall, by notification in the Official Gazette, appoint (under such name as may be specified in the notification) 1[one or more committees for one or more districts as the State Government may think fit].
2. (2) The committee shall have power to acquire, hold and dispose of property, subject to such conditions and restrictions as may be prescribed, and may sue and be sued in the names of all the members of the committee.
3. (3) A Committee shall consist of not less than five and not more than seven members and the members in the case of a religious endowment shall, and in any other case may, be appointed from amongst persons professing the religion or belonging to the religious denomination (or any section thereof), for the purposes of which or for the benefit of whom the endowment was founded, or is being administered. The members shall be appointed, as far as possible, and in accordance so far as can be ascertained with the general wishes of those who are interested in the administration, of such endowment.

1. (1) A member shall be appointed to a committee for a period of five years, but shall be eligible for re-appointment.
2. (2) A member may, by writing under his hand addressed to the State Government, resign his membership of committee : Provided that, such resignation shall not take effect until the resignation has been accepted by the State Government.

1. (1) A person shall be disqualified for appointment as, or for being, a member of a committee if he-
   • (a) is a minor ;
   • (b) has been convicted by a criminal court of any offence involving moral turpitude ;
   • (c) is of unfound mind, and is so declared by a competent court;
   • (d) is an undischarged insolvent;
   • (e) has directly or indirectly interest in a lease or any other transaction relating to the property vesting in the committee ;
   • (f) is a paid servant of the committee or has any share or interest in a contract for the supply of goods to, or for the execution of any works, or the performance of any service, undertaken by the committee in respect of the endowment;
   • (g) is found to be guilty of misconduct by the State Government;
   • (h) in the case of a religious endowment ceases to profess the religion or to belong to the religious denomination for which the committee is appointed ; or
     • (i) is otherwise unfit.
2. (2) If it appears to the State Government that a member has incurred any of the disqualifications aforesaid, 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.
3. (3) Notwithstanding anything contained in any other law for the time being in force, a member of the committee shall not be disqualified from being chosen as and for being a member of, the 1[Maharashtra] Legislative Assembly or the 2[Maharashtra] Legislative Council or any local authority by reason only of the fact that he is a member of such committee.

The State Government may appoint a new member when a member of committee-

1. (a) resigns or dies ;
2. (b) is for a continuous period of six months absent from India without leave of the Charity Commissioner ;
3. (c) leaves India for the purpose of residing abroad ;
4. (d) desires to be discharged ;
5. (e) refuses to act; or
6. (f) is removed by the State Government.

1. (1) The State Government shall from amongst the members, of a committee appoint a chairman and shall also appoint a treasurer.
2. (2) The State Government may direct that the chairman, treasurer and other members of the committee may be paid such honorarium or fees and allowances 1[from the Management Fund constituted under section 56QQ] and in such manner as may be prescribed.

The Committee shall meet at such intervals and follow such procedure in exercising its powers and discharging its duties and functions as may be prescribed; but the day-to-day proceedings and routine business shall be despatched in accordance with regulations made by it, and approved by the State Government.

A committee may by resolution appoint such sub-committees as it may think fit, and may delegate to them such powers and duties as it specifies in the resolution; and a committee or sub-committee may associate with itself, generally or for any particular purpose, in such manner as may be determined by regulations, any person who is not a member, but whose assistance or advice it may desire ; and the person associated as aforesaid shall have the right to take part in the discussions of the committee or sub-committee, relevant to that purpose, but shall not have the right to vote at any meeting thereof.

1. (1) The State Government may appoint a Secretary to the Committee.
2. (2) The committee may appoint such officers (other than the Secretary) and servants at it thinks necessary for the efficient performance of the duties and functions of the committee under this Act: Provided that no officer or servant who is paid or is to be paid salary of over one hundred per mensum shall be appointed by a committee without the previous approval of the State Government.

1. (1) The Secretary, officers and servants shall be appointed on such terms and conditions as to service as may be prescribed by rules or, as the case may be, by regulations made by the committee.
2. (2) The salary and allowances of the Secretary, officers and servants of the committee shall be paid 1[out of the Management Fund].

1. (1) Subject to the general and special orders of the State Government, it shall be the general duty of a committee to manage and administer the affairs of the endowment which vests in, or the management of which vests in it. It shall be the duty of a committee to so exercise the powers conferred and discharge the duties and functions imposed upon it, by or under this Act or under any instrument of trust, or a scheme, for the time being in force relating to such endowment as to ensure that such endowment is properly maintained, controlled and administered and the income thereof is duly applied to the object and purposes for which it was created, intended or to be administered.
2. (2) In particular, but without prejudice to the generality of the foregoing provision, a committee shall-
   • (a) maintain a record containing information relating to the origin, income, object and the beneficiaries of every such endowment;
   • (b) prepare a budget estimating its income and expenditure;
   • (c) make regular payment of salaries and allowances and other sums payable to the Secretary, officers and servants of a committee 1[from the Management Fund] ;
   • (d) keep separate accounts for each such endowment;
   • (e) ensure that the income and property of the endowment are applied to the objects and for the purposes for which such endowment was created, intended or is to be administered ;
   • (f) take measures for the recovery of lost properties of any such endowment;
   • (g) institute and defend any suits and proceedings in a court of law relating to such endowment;
   • (h) supply such returns, statistics, accounts and other information with respect to such endowment as the State Government may from time to time require ;
     • (i) inspect or cause the inspection of the properties of such endowment; and
   • (j) generally do all such acts as may be necessary for the proper control, maintenance and administration of such endowment.

No act or proceeding of a committee shall be invalid by reason only of the existence of any vacancy amongst its members, or any defect in the constitution thereof.

The State Government may, from time to time, for the better management or administration of any endowment issue directions to a committee.

The Charity Commissioner may, with the previous sanction of the State Government, provide for the performance of any duty which a committee is bound to perform under the provisions of this Act, or the rules or directions made or given thereunder, and may direct that the expenses of the performance of such duty be paid by any person who may have from time to time the custody of any fund belonging to the committee. If such duty is in connection with any endowment the payment shall be made out of the funds belonging to the said endowment.

1. (1) If the State Government is of opinion that a committee is unable to perform or has persistently made default in the performance of, the duties imposed upon it by or under this Act, or has exceeded or abused its powers, the State Government may, by notification in the Official Gazette, supersede the committee for such period as may be specified in the notification : Provided that, before issuing a notification under this sub-section, the State Government shall give a reasonable opportunity to the committee to show cause, why it should not be superseded and consider the explanations and objections if any of the committee.
2. (2) Upon the publication of a notification under sub-section (1) superseding a committee-
   • (a) all the members of the committee shall, as from the date of supersession, vacate their offices as such members ;
   • (b) all the powers, duties and functions which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the committee, shall, during the period of supersession, be exercised and performed by such person or persons as the State Government having regard to the provisions of sub-section (1) of section 56G may direct; and
   • (c) all property vested in, or the management of which is vested in, the committee shall during the period of supersession vest in the State Government.
3. (3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the State Government may-
   • (a) extend the period of supersession for such further period as it may consider necessary, or
   • (b) reconstitute the committee in the manner provided in section 56E.

1. (1) The committee may, with the approval of the State Government make regulation not inconsistent with this Act or the rules made thereunder for carrying out its functions under this Act.
2. (2) In particular but without prejudice to the generality of the foregoing provision, such regulations may provide for all or any of the following matters, namely :-
   • (i) despatch of day-to-day proceedings and routine business of the committee under section 56J ;
   • (ii) the manner in which any person who is not a member of a committee, or sub-committee may be associated with such committee or sub-committee as the case may be, under section 56K ;
   • (iii) terms and conditions of service of the servants of a committee under section 56M.

Except so far as is expressly provided in the provisions of this Chapter, nothing in sections 18,19, 20, 21 1** * 47, 2* * * 50, 59, 66 and 67 shall apply to the endowments to which this Chapter applies :] 3[Provided that, the provisions of this Chapter shall cease to apply to any such endowment in respect of which a scheme has been framed under section 50A, and upon framing of such scheme, the other provisions of this Act, except sections 18, 19, 20, and 21 shall apply to such endowment.]

1[56QQ. Management Fund.- (1) For each committee there shall be constituted a fund to be called the "Management Fund" which shall vest in, and be under the control of the committee.

1. (2) There shall be placed to the credit of every Management Fund-
   • (a) save as otherwise provided in sub-section (3) in respect of Kolhapur, the total balances (whether in cash, securities or in any other form) standing to the credit of any endowment held by the State Government immediately before such endowment or the management thereof is transferred to, and vested in, the members of the committee under section 56D ;
   • (b) a sum not exceeding ten percent, of the gross annual income of each endowment transferred to, or under the management of, the members of the committee as the committee may, with the approval of the State Government fix in this behalf. In fixing such sum regard shall be had to the gross annual income of the endowment, the annual expenditure incurred to give effect to the objects and purposes for which or for the benefit of whom the endowment is founded, created, intended, or is being administered, the liability, if any, to which the endowment is subject, and any other factors which the State Government may either generally or specially specify in the case of any endowment or class of endowments ;
   • (c) the fees charged for inspection of proceedings of the committee, and for copies of records, maintained by the committee ;
   • (d) any other sum which the State Government may by order specify in this behalf.
2. (3) The contributions levied-known as "Devasthan cess" or by whatever name called-on Devasthan inam lands in the former State of Kolhapur, and collected in the Devasthan Fund as provided by the Sar Subha Vat No. 20, dated 29th September 1917 and continued to be levied and collected in that fund as aforesaid under the provisions of Sar Subha Jahirnama No. 36, dated the 5th November 1932, shall, on the commencement of the Bombay Public Trusts (Amendment) Act, 1963 (Mah. VI of 1964), cease to be levied and collected on the Devasthan inam lands aforesaid ; and the total balance (whether in cash, securities or in any other form) to the credit of the said Devasthan Fund at such commencement including the sum accumulated out of the income of the endowments in the former State of Kolhapur (such accumulated sum being commonly known as the Amanat Fund) shall be placed to the credit of the Management Fund of such committee or committees in the district of Kolhapur as may be specified by the State Government in this behalf.
3. (4) The Management Fund shall, subject to the provisions of this Act and subject to any general or special order of the State Government, be applied to,-
   • (i) the payment of honorarium, fees and allowances of the chairman, treasurer and other members of the committee ;
   • (ii) the payment of salaries, allowances and other sums payable to the secretary, officers and servants of the committee ;
   • (iii) the payment of any expenses lawfully incurred by the committee in the exercise of its powers and in the performance of its duties and functions as provided by section 56N.
4. (5) The custody and investment of the moneys credited to the Management Fund and the disbursement and payment thereform and the audit of accounts of the Fund shall be regulated in the prescribed manner.]

1[56RR. Power of removal of members of committee and appointment of Administrator temporarily.- (1) Notwithstanding anything contained in this Chapter or any other provisions of this Act or in any judgement, decree, order or scheme of any Court, Charity Commissioner or any other authority, where a committee of management has been appointed by the State Government under section 56E in respect of any endowment or endowments, and the State Government is of opinion that for better management and administration of the endowments, the management of the said endowments should be taken over temporarily by the State Government and then should be governed by a scheme or schemes framed by the Charity Commissioner or should be handed over again to the committee as reconstituted, the State Government may, by notification in the Official Gazette,-

1. (a) terminate the appointment of all the existing members of the committee (including the Chairman and the Treasurer), even before the expiry of their term of office of five years, on and from such date as may be specified in the notification, whereupon they shall be deemed to have vacated their office on that date ;
2. (b) appoint a Government officer, from time to time, as the Administrator of the Committee, for such period not exceeding three years as may be specified in the notification, which may be extended by like notification, from time to time, so, however, that the total period shall not exceed five years : Provided that, if during the said period, the committee is reconstituted, the Administrator shall cease to hold his office from the day the committee is reconstituted or as and when any scheme is framed by the Charity Commissioner in respect of any endowment, the Administrator shall cease to function in respect of that endowment from the day of scheme comes into operation.

1. (2) During the period the Administrator is holding his office, all the powers, duties and functions of the committee and its members and sub-committees (if any), under this Act or any other law for the time being in force, shall be exercised, performed and discharged by the Administrator and he shall be deemed to be the sole trustee in respect of the endowments under his management under section 56D.
2. (3) The Administrator may delegate any of his powers, duties and functions to any officer or servant of the committee or, with the previous approval of the State Government, to any other Government officer.
3. (4) The Administrator and any other Government officer to whom he may have delegated any of his powers, duties and functions shall receive such salary and allowances from the Management Fund and be subject to such other conditions of service as the State Government may, by general or special order, determine.]