Chapter VI GENERAL

There shall be constituted a fund which shall be called "The Pandharpur Temples Fund" which shall be vested in, and be managed and administered by, the Committee; and shall consist of-

1. (a) the offerings in cash, or sale proceeds by auction or otherwise of the offerings in kind, received or collected before the deities in the Temples ;
2. (b) the income derived from the moveable and immoveable properties of the endowment and registered trusts ;
3. (c) all receipts, collections or donations received or collected by the Committee or any member thereof for or on behalf of the endowment and registered trusts ;
4. (d) any contributions made by the State Government either by way of grant or by way of loan;
5. (e) all fines and penalties imposed by or under this Act ;
6. (f) all recoveries made under this Act ;
7. (g) any gift, donation or contribution made by any person, including local authorities or any institutions to the endowment or any registered trust ;
8. (h) sale proceeds of moveable or immoveable properties vested in the Committee ;
   • (i) moneys borrowed by the Committee, if any ;
9. (j) any receipts received by the Committee under any scheme or plan undertaken by it ;
10. (k) any other receipts or moneys received by the Committee or any member thereof for or on behalf of the endowment or registered trusts.

1. (1) The Temples Fund shall be utilised for the following purposes, namely :-
   • (a) maintenance of the Temples including repairs thereof ;
   • (b) expenses for performance of the nitya or daily or naimittik or occasional sevas or services in the Temples ;
   • (c) providing facilities to devotees or worshippers for darshan of the deities in the Temples and for pujas performed therein ;
   • (d) carrying out religious functions and festivals in relation to the Temples generally, or on special occasions;
   • (e) payment of rent, cesses, taxes, contributions, charges, premia, administration expenses including salaries and allowances payable to the officers including the officer appointed under section 53 and servants of the Committee appointed under this Act and for payment of honorarium and allowances to members of the Committee or any sub-committee constituted under this Act ;
   • (f) repayment of the portion of the total amount determined by the State Government under sub-section (3) of section 18 and repayment of Government or other loans, if any ;
   • (g) payment of amount under sub-section (3) of section 38 ;
   • (h) establishing an institution to be called Tukaram Maharaj Sant Peeth for imparting knowledge of, and giving instructions in, the practice and propagation of the spirit, tenets and philosophy of the teachings of all saints who have preached humanitarianism and social equality; and especially for carrying on research in, and the study of, and the publication and propagation of, the writings of the saints of the Warkari Sampradaya and Bhagwat Dharma.
2. (2) The Committees may utilise the Temples Fund for all or any of the following matters :-
   • (a) management and administration of the endowment and registered trusts including their development ;
   • (b) training of persons to perform pujas and other religious ceremonies in the Temples ;
   • (c) medical relief, water supply and other sanitary arrangements for the worshippers and pilgrims or devotees visiting the Temples and providing them with other amenities (including food, milk, clothing) and construction of buildings for their accommodation on reasonable terms ;
   • (d) providing at reasonable rates materials for pujas and prasad to the devotees or pilgrims visiting the Temples ;
   • (e) establishing a library of religious books and writings on principles of various religions and cults; and
   • (f) with the sanction of the Charity Commissioner, for the establishment and maintenance of, or the making of any grant or contribution to any hospital, school, orphanage or similar other institution either within or without the limits of Pandharpur.

(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 endowment and the registered trusts 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 waris and festivals in, or connected with, the Temples.

1. (2) The State Government or any officer authorized by the State Government may call for all such information, accounts or report as may, in its or his opinion, be reasonably necessary to satisfy itself or himself that the endowment and registered trusts are being properly maintained and administered and the Temples 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.

The State Government may depute any person to inspect any movable or immovable property, records, correspondence, plans, accounts and other document relating to the endowment and registered trusts; and the Committee and its officers and servants shall be bound to afford all facilities to such person for such inspection.

If, on receiving the report of the Charity Commissioner, the State Government is of opinion that it is necessary or expedient so to do, it may call for and examine the record of the Executive Officer or of the Committee in respect of any proceeding with a view to satisfy itself as to the legality of such proceeding, or the correctness, legality or propriety of any decision or order 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. The State Government may stay the execution of any such decision or order pending the exercise of its power under this section in respect thereof : Provided that, the State Government shall not pass any order under this section unless the parties concerned are given an opportunity to render an explanation.

All public officers having custody of any record, register, report or other documents relating to the endowment and registered trusts or any movable or immovable property thereof shall furnish such copies of, or extracts from, the same as may be required by the Executive Officer.

(1)The Committee shall annually prepare and submit to the State Government through the Charity Commissioner a report on the administration of the affairs of the endowment and registered trusts within six months from the close of each year.

1. (2) 1[Such report], together with the amounts of the endowment and registered trusts and the report of the auditor and the directions issued by the Charity Commissioner thereon, shall be 2[* * *] laid on the table of each House of the State Legislature as soon as may be possible.

The officers, servants and employees of the Committee and members thereof shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (XLV of 1860).

Save as otherwise expressly provided in this Act, no suit or proceeding shall lie in any court against the State Government or against the Committee or any member thereof or the Executive Officer or any other officer or employee of the Committee for anything in good faith done or purported to be done by any of them under the provisions of this Act.

This Act shall have effect notwithstanding anything to the contrary contained in any law for the time being in force or in any scheme of management of the Temples framed before the appointed day or in any decree or order of any Court or any practice, custom, usage, prevailing in relation to the endowment or registered trust.

1. (1) If, on receiving a report of the Charity Commissioner, the State Government is of 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 re-establish 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. (2) Before issuing a notification under sub-section (1), the State Government shall communicate to the Committee the grounds on which they propose to do so, fix a reasonable time for the Committee to show cause against the proposal and consider its explanations or objections, if any.
3. (3) Where a committee is dissolved or superseded under this section, the State Government shall appoint a person from amongst persons in the active service of the State Government of from persons who have retired from such service (such person not being below the rank of a collector) and professing the Hindu religion and who is a devotee of God Vitthal and Goddess Rukmini and make a declaration accordingly in the form determined by the State Government for the purpose to exercise the powers and to perform the functions of the committee until the re-establishment of another Committee, or till the re-establishment of another Committee, or till the expiry of the period of supersession, as the case may be : Provided that, the period during which the Committee remains superseded shall not have the effect of extending the term of office of a member beyond the period of five years as specified in section 24.
4. (4) The State Government may fix remuneration and other conditions of service for such officer and the same shall be paid from the Temples Fund.

1. (1) The State Government may, by notification in the Official Gazette and subject to the condition of previous publications, make rules for carrying into effect the purposes of this Act.
2. (2) Every rule made under this section 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 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 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.

1. (1) The Committee may, notwithstanding anything contained in any law, order, custom, usage, or any decree, order or scheme made by any Court, with the previous approval of the Charity Commissioner make by-laws not inconsistent with this Act or any rules thereunder for all or any of the following matters, namely :-
   • (a) prescribing qualifications of persons for the purposes of performing nitya or daily or naimittik or occasional pujas or upchars in the Temples, their recruitment and conditions of service,
   • (b) manner of taking darshan of deities and timings thereof, generally or on any specified occasion,
   • (c) the various types of pujas to be performed in the Temples, persons who may perform the pujas either by themselves or through pujaris employed by the Committee and the issue of permits in that behalf, the charges to be paid for performing different types of pujas,
   • (d) prohibition against demand of dakshina in the Temples from the devotees or pilgrims, and begging therein,
   • (e) restriction on residence in the Temples,
   • (f) removal of persons from the Temples who poster devotees or pilgrims by soliciting dakshina and prevent them from having peaceful darshan of the deities and use of necessary force with the assistance of the police, if necessary, for that purpose,
   • (g) for any matters which may enable devotees and pilgrims to have peaceful darshan of the deities in the Temples, proper arrangements, therefore generally, and on specified occasions, maintenance of order in the Temples and for all other matters for the better administration of the affairs of the endowment and registered trusts and provision for operating the Temples Fund and guidance of the officer and servants of the Committee and for the purposes of carrying out the purposes and objects of this Act.
2. (2) The by-laws may provide that any person who contravenes any by-law or any provision thereof, shall, on conviction, be punished with fine which may extend to fifty rupees.

Save as expressly provided by or under this Act, the provisions of the Public Trusts Act shall apply in relation to the management and administration of the Temples, the properties of the endowment and registered trusts, Temples Fund and all matters ancillary or connected therewith.

If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion requires, by order do anything which appears to it to be necessary for the purpose of removing the difficulty.