Chapter IV THE EXECUTIVE OFFICER AND ESTABLISHMENT

1[(1) The State Government shall appoint an Executive Officer for the purposes of this Act, who, unless-

1. (a) otherwise determined at the time of appointment, or
2. (b) removed from his office by the State Government, shall hold office for a period of 3 years].

1. (2) When a temporary vacancy occurs in the office of the Executive Officer, the State Government may fill up the vacancy. 2[(3) The outgoing Executive Officer shall be eligible for re-appointment.]

1. (1) The Executive Officer may be selected from amongst persons in the active service of the State Government or from amongst persons who have retired from such service (such person not being below the rank of an Assistant or Deputy Collector or an officer who in the opinion of the State Government is of equivalent rank) and who is a person professing the Hindu religion and who is a devotee of God Vitthal and Goddess Rukmini and makes a declaration accordingly in the form determined by the State Government for the purpose. 1[If he is a person in the active service of the State Government, he may be appointed to the post of Executive Officer either in addition to his own duties or as a whole time officer of the Committee. If he is a whole time officer of the Committee, he shall not undertake any work unconnected with his office without the permission of the Committee.]
2. (2) The State Government may, at any time either suo motu or on the basis of a resolution passed by the Committee, suspend or remove the Executive Officer from his office.

1. (1) The Executive Officer shall be the Secretary of the Committee and its principal officer ; and shall, subject to the superintendence, direction and control of the Committee, have powers to carry out its decisions and orders in accordance with the provisions of this Act.
2. (2) Notwithstanding anything contained in sub-section (1) of this section or in clause (c) of sub-section (1) of section 5, the Executive Officer shall be responsible for the custody of all records and properties of the endowment and registered trusts, and shall arrange for the proper collection of offerings, dakshina, bhogs or bhets and the like made in the Temples and shall have power-
   • (a) to appoint all officers and the employees selected by the Committee ;
   • (b) to lease out for a period not exceeding one year at a time, the lands and buildings of the endowment and registered trusts which are ordinarily leased out ;
   • (c) to call for tenders for works or supplies, and accept such tender, when the amount or value thereof does not exceed five thousand rupees ;
   • (d) to order emergency repairs ;
   • (e) to decide disputes between employees of the Committee : Provided that, the exercise of powers under clauses (a), (b) and (c) shall be subject to the directions, if any, of the Committee issued specially in that behalf.
3. (3) Any person aggrieved by the decision of the Executive Officer under clause (e) of sub-section (2) shall have a right of appeal within such time as may be prescribed to the Committee whose decision shall be final, unless set aside by any judgement decree or order of a competent Court.

The Executive Officer may, in cases of emergency, direct the execution of any work or the doing of any act which is not provided for in the budget for the year and immediate execution or the doing of which is in his opinion necessary for the preservation of the properties of the endowment and the registered trusts, or for the services or safety of the devotees and pilgrims visiting the Temples, or for the due performance of pujas and other rituals therein; and may direct, that the expenses of executing such work or doing the act shall be paid from the Temples Fund. The Executive Officer shall forthwith report to the Committee the action taken under this section and reasons therefor. A copy of such report along with the remarks, if any, of the Committee shall be forwarded to the Charity Commissioner.

1. (1) 1[After the appointed day, the Executive Officer shall,] as soon as may be, prepare and submit to the Committee a Schedule setting forth the duties, designations and grades of officers and employees who may, in his opinion, constitute the establishment of the Committee and embody his proposals with regard to the salaries and allowances payable to them. Such list may contain also names of persons who may perform the services in rotation or for specific periods, generally or on any special occasion and of persons who may act as substitutes in case any person for any reason is not able to perform these services in the Temples. Such Schedule and list shall come into force on approval of the Committee.
2. (2) No change shall be made in such Schedule and list except with the sanction of the Committee.

1. (1) The Executive Officer shall draw his pay and allowances from the Consolidated Fund of the State and shall be the servant of the State Government, and his conditions of service shall be such as may be determined by the State Government.
2. (2) The other officers, servants and other persons appointed under this Act shall be the officers and servants of the Committee and their conditions of service including pay and allowances shall be such as may be determined by the Committee with the approval of the Charity Commissioner and their pay and allowances shall be paid from the Temples Fund.
3. (3) There shall be paid every year out of the Temples Fund to the State Government such amount as the State Government may determine on account of pay, pension, leave and other allowances of the Executive Officer.

During such period or periods as the State Government may, by order in the Official Gazette, specify, and in such other manner as it deems fit, the Executive Officer shall, for the purpose of maintaining law and order within the precincts of the Temples and a distance within a radius of 1.6 kilometres therefrom, exercise all the powers and perform all the duties respectively conferred and imposed by the 1[Code of Criminal Procedure Code, 1973 (2 of 1974)], on the District Magistrate.