Chapter II ABOLITION OF RIGHTS AND PRIVILEGES OF BADVES, SEVADHARIS, UTPATS, ETC. AND PAYMENT OF AMOUNTS

1. (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, sanad, 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 from the right of applying gandh or giving prasad to yajmans, income from any share in the amount received from the yajmans by any committee or Sevadharis, income from pujas, upchars and the like or dakshinas demanded or income derived from any source in or in relation to the Temples 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 services to the deities on behalf of yajmans or pilgrims in any of the Temples, which they were performing immediately before the appointed 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. (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; and Gangaram Babaji Badave and Others (original defendants) vs. Sakharam Vaman (with the consent of the Advocate General) and others (original plaintiffs) in Appeal No. 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 cease to function; and all their powers, duties, rights and privileges, if any, in relation to the endowment and the registered trusts, shall vest in the Committee.

1. (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 such 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, Utpats, 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 in or in relation to the endowment or registered trusts; and in no case, shall they demand, solic 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 of dakshina or in any form whatsoever for exercising 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 seva 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 persons, 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 State 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 days from the appointed day; and the State Government shall be re-imbursed with the sum so placed at the disposal of the Committee from the Temples Fund within such reasonable period as the State Government may from time to time determine, regard being had to the finances of the Committee;
   • (d) all suits and legal proceedings 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. (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 is 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 in 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, 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 (V of 1908) and shall dispose it of in accordance with the provisions made thereunder.
3. (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 authorised by him for anything done or purported to be done in good faith under sub-section (2) : Provided that, nothing contained in this section shall bar the institution of a suit by any person aggrieved by an order made thereunder from establishing his title to the said property.
4. (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.

1. (1) Subject to the provisions of this section, the persons specified in column I of Schedule D shall be paid the amounts specified against them in column 2 thereof.
2. (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.

1. (1) Within a period of ninety days from the appointed day, every person having interest may apply in writing to the authorised 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. (2) On receipt of an application under sub-section (1), the authorised 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 authorised 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 persons to whom the amount or any part thereof is payable, the authorised officer may refer the dispute to the decision of the District Court.
3. (3) The provisions of the Public Trusts Act shall apply in relation to inquiries under this section as they apply to inquiries under that Act.

1. (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 authorised officer for such payment.
2. (2) The application under sub-section (1) shall be made to the authorised officer within the prescribed period and in the prescribed form. The authorised officer shall, after holding an inquiry in the manner laid down for the holding of an inquiry under the Public Trusts Act, make an order determining the amount in the manner and according to the method provided for in sub-section (3).
3. (3) In determining the amount, the authorised 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 persons having any interest in the income from the endowment and registered trusts; but in no case shall the amount determined exceed two and half times the average annual income which the authorised officer is of 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.

1. (1) Any person having interest who is aggrieved by the order made under section 7 or section 8 may, by written application to the authorised officer, require that the matter be referred by the authorised officer for the determination of the District Court, whether his objection be to the amount, or the apportionment of the amount among the persons having interest.
2. (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. (3) Any order made by the authorised officer under section 7 or 8 on an application under this section shall be subject to revision by the High Court, as if the authorised officer were a Court subordinate to the High Court within the meaning of section 115 of the Code of Civil Procedure, 1908 (V of 1908).

1. (1) In making the reference the authorised officer 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 persons 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 therefor.
2. (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.

The District Court shall thereupon cause a notice specifying the day on which the Court will proceed to determine the objection, and directing their appearance before the Court on that day, to be served in the manner prescribed on the following persons, namely:-

1. (a) the applicant;
2. (b) all persons having interest in the objections, except such (if any) of them as have consented without protest to receive payment of the amount specified in the order of the authorised officer; and
3. (c) if the objection is in regard to the amount specified in the order, the authorised officer.

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.

Every such proceeding shall take place in open Court, and all persons entitled to practise in any Civil Court in the State shall be entitled to appear, plead and act, as the case may be, in such proceeding.

In determining the payment of amount the District Court shall take into consideration the provisions of sub-section (3) of 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.

1. (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. (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 (V of 1908).

Every such order shall also state the amount of costs incurred in the proceedings under this Chapter, and by what persons and in what proportions they are to be paid.

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.

1. (1) On making order under section 7 or 8, the authorised 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. (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 authorised 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. (3) Notwithstanding 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 authorised 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.

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 therefrom as they might have had if they themselves had invested the same.

When the amount is not paid or deposited as provided in section 18, the authorised 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.