Chapter III THE COMMITTEE AND THE ADVISORY COUNCIL

1. (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 1[fifteen members], that is to say-
   • (a) 2[fourteen members], 3[including the Chairman and Co-Chairman], to be appointed by the State Government from amongst persons ordinarily residing in the State who are devotees of God Vitthal and Goddess Rukmini and who, prior to their appointment, make a declaration accordingly in the form determined by the State Government ; 4[Provided that, the Co-Chairman shall perform such of the functions and discharge such of the duties of the Chairman as may be prescribed.]
   • (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 makes such declaration: Provided that, the disqualification under the proviso to sub-section (1) of section 23 shall not apply in relation to President.
2. (2) Until the Committee is duly established under sub-section (1), the State Government may, by notification in the Official Gazette, appoint a temporary Committee for the purposes of this Act consisting of two or more persons appointed by the State Government in this behalf; and one of them may be appointed as the Chairman thereof. Upon the establishment of the Committee under sub-section (1) the members constituting the temporary Committee shall vacate their office, and the temporary Committee shall cease to exercise any powers or duties under this Act and shall hand over all the property vested in it, and the management of the endowment and registered trusts to the Committee duly established under sub-section (1).
3. (3) The Committee shall be a body corporate by the name "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.

A person shall be disqualified from being appointed as or for continuing as a member-

1. (a) if he is of unsound mind and stands so declared by a competent court ;
2. (b) if he is an undischarged insolvent ;
3. (c) if he is a minor;
4. (d) if he holds any office of profit under the Committee ;
5. (e) if he has directly or indirectly by himself or by his partner any share or interest in any work done by order of the Committee, or in any contract with, by or on behalf of, the Committee ;
6. (f) if he is acting as a legal practitioner for or against the Committee ;
7. (g) if he is convicted of any offence involving moral turpitude ;
8. (h) if he does not profess the Hindu religion.

1. (1) In making appointments, the State Government shall ensure that-
   • (a) two members of the State Legislature (of whom one shall be a member of the Maharashtra Legislative Assembly and the other of the Maharashtra Legislative Council) are appointed ; and
   • (b) at least one woman, and at least 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 : Provided 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. (2) A person appointed under clause (a) of sub-section (1) shall cease to be member of the Committee if he ceases to be a member of the Maharashtra Legislative Assembly or the Maharashtra Legislative Council.
3. (3) A person ceasing to be a member shall, unless disqualified under section 22, be eligible for reappointment.

The members appointed by the State Government shall hold office for a period of five years commencing from the date on which the notification under sub-section (1) of 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 : 1[Provided further that, the term of the first Co-Chairman appointed after the commencement of the Pandharpur Temples (Amendment) Act, 2017 (Mah. II of 2018), shall be co-terminus with the term of the members of the Committee appointed vide Government Notification, Law and Judiciary Department, No. PTA. 2014/C.R.07/ D.16, dated the 3rd July 2017.]

1[25. Resignation of members, Co-Chairman and Chairman.- (1) Any member appointed by the State Government may resign his office by writing under his hand addressed to the Chairman.

1. (2) The Co-Chairman and the Chairman may resign his office by giving similar notice to the State Government.
2. (3) The notice shall be delivered in the prescribed manner.
3. (4) The office of the member shall become vacant from the date of acceptance of the resignation by the Chairman and the office of the Co-Chairman or, as the case may be, the Chairman shall become vacant from the date of acceptance of the resignation by the State Government.]

1. (1) The State Government may, subject to the provisions 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, mis-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. (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. (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. (4) On removal or suspension of a member, the State Government may direct such member to hand over immediate possession of any books, account and any property forming part of the endowment or registered trusts or of the Temples Fund held by him.
5. (5) Any order made or direction given by the State Government under this section shall be final and shall not be called in question in any Civil Court.

1. (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. (2) If any question is raised, whether a vacancy has occurred under this section, the State Government 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 a reasonable opportunity of being heard.

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 State 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 occurrred : 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.

1. (1) There shall be paid to each member such honorarium, and a travelling allowance and daily allowance for attending the meetings of the Committee or for transacting any business connected with duties as 1[the Chairman, the Co-Chairman or member] to the place where such meetings are held or business is transacted and for the return journey from such place at such rates, as may be prescribed.
2. (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.

1. (1) The office of the Committee shall be at Pandharpur.
2. (2) For the transaction of its business, the Committee shall meet at Pandharpur at such intervals as may be prescribed.
3. (3) The Committee shall make by-laws 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. (4) The quorum for a meeting of the Committee shall be six. 1[(5) Every meeting of the Committee shall be presided over by the Chairman, and in his absence, by the Co-Chairman and in the absence of both the Chairman and the Co-Chairman, by a member chosen by the members present to preside for the occasion.]
5. (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 in case of equality of votes, the Chairman or the person presiding shall have and exercise a casting vote.

No act or proceedings of the Committee or of any person acting as 1[the Chairman, the Co-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 2[the Chairman, the Co-Chairman or] any member of the Committee was not entitled to vote or to continue in office by reason of any disqualification or by reason of any irregularity or illegality in his appointment.

1[32A. Advisory Council. (1) The State Government may, by an order, constitute the Advisory Council to advise the Committee.

1. (2) The Advisory Council shall consist of the following, namely :-
   • (i) Chairman of the Committee, ex officio-Chairman.
   • (ii) Collector, Solapur District, ex officio-Member.
   • (iii) Not more than seven other members to be nominated by the State Government.
2. (3) The Executive Officer of the Committee shall act as the Secretary of the Advisory Council.
3. (4) The functions and duties of the Advisory Council shall be such as may be specified by the Government, by general or special order. The Advisory Council shall observe such procedure in regard to transaction of business in meetings (including quorum) thereof, as it may, from time to time, decide.] 2[(5) The term of office of nominated Members of the Advisory Council shall be co-terminus with the term of the members, appointed by the State Government, on Shri Vitthal-Rukmini Temples Committee.]