The Shree Karveer Niwasini Mahalaxmi (Ambabai) Mandir (Kolhapur) Act, 2018
Chapter III MANAGEMENT COMMITTEE
Chapter III MANAGEMENT COMMITTEE
8. Constitution of Management Committee for Temple Trust
- (1) For the purpose of management of the Temple Trust, on or after the appointed day, a Committee to be called “Shree Ambabai Temple Management Committee” shall be constituted by the State Government as provided in sub-section (2).
- (2) The State Government shall, by notification in the Official Gazette, appoint a Chairman, Vice-Chairman, Treasurer and not more than eight members to constitute the Committee as envisaged under sub-section (1): Provided that, out of the total number of members not less than one member shall be a woman and at least two members, of whom one shall be a person belonging to the Scheduled Castes and one to the Scheduled Tribes, shall be appointed from amongst the persons ordinarily residing in the State.
- (3) The Mayor of the Municipal Corporation for the City of Kolhapur shall be the ex officio member of the Committee.
- (4) Until the Committee is duly constituted 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 constitution 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 Temple Trust to the Committee duly constituted under sub-section (1).
- (5) Subject to the other provisions of this Act, the Committee shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable and to contract and shall by the said name sue and be sued.
Chapter III MANAGEMENT COMMITTEE
9. Term of office of member
(1) A Chairman, Vice-Chairman or member shall be appointed for a period of three years : 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 constituting the new Committee is published in theOfficial Gazette. (2) A member may, by writing under his hand addressed to the State Government and a copy to the Chairman, resign his membership : Provided that, such resignation shall not take effect until it is accepted by the State Government. (3) If a member without obtaining leave from the Committee, remains absent for the three consecutive meetings of the Committee, he shall cease to be a member thereof, from the time the third meeting is duly terminated.
Chapter III MANAGEMENT COMMITTEE
10. Qualifications for being member
- (1) A person to be appointed as a member of the Committee shall be,—
- (a) the permanent resident of the State of Maharashtra ; and
- (b) a devotee, ofShree Karveer Nivasini,Mahalaxmi (Ambabai) Kolhapur. He shall, prior to his appointment as a member, make such declaration in the prescribed form.
- (2) The Chairman, Vice-Chairman, Treasurer and other members shall, unless otherwise disqualified, be eligible for re-appointment.
Chapter III MANAGEMENT COMMITTEE
11. Disqualifications
A person shall be disqualified for appointment as, or for being, a member, if he,—
- (a) is not qualified under sub-section
- (1) of section 10 ;
- (b) is a minor ;
- (c) is of unsound mind, and is so declared by a competent court ;
- (d) is an undischarged insolvent ;
- (e) has directly or indirectly any interest in a lease or any other transaction relating to the immovable property of the Temple or unlawfully held the property of the Temple ;
- (f) has been convicted by a criminal court of any offence involving moral turpitude ;
- (g) has, without obtaining leave of absence from the Committee, remained absent, —
- (i) for three consecutive meetings of the Committee ;
- (ii) from India for a continuous period of six months ;
- (h) is a paid servant of the Committee or has any share or interest directly or indirectly in any contract for the supply of the goods to or for execution of any work, or the performance of any service, undertaken by the Committee in respect of the Temple Trust ;
- (i) has been found guilty of grave misconduct in the discharge of his duties or being guilty of corruption or any disgraceful conduct while holding the office of the member of the Committee;
- (j) has been suspended, removed or dismissed as a Trustee of any public Trust, under section 41-D or any other provisions of the Maharashtra Public Trusts Act by the Charity Commissioner or Court ;
- (k) is practicing as a Legal Practitioner for or against the Temple Trust;
- (l) has left India for the purpose of residing abroad.
Chapter III MANAGEMENT COMMITTEE
12. Removal of members
- (1) The State Government may remove from office, the Chairman, Vice-Chairman, Treasurer or any other member of the Committee, on any of the following grounds, namely,—
- (a) that a member has incurred any of the disqualifications mentioned in section 11 ;
- (b) that in the opinion of the State Government, the standard of performance of such person is not found to be satisfactory or not upto the expected performance.
- (2) No person shall be removed under this section unless he has been given a reasonable opportunity of showing cause, in writing, in the matter against his removal.
- (3) The decision of the State Government in this behalf shall be final.
Chapter III MANAGEMENT COMMITTEE
13. Power to reconstitute Committee
Notwithstanding anything contained in the foregoing provisions or any other provisions of this Act, the State Government may, by notification in theOfficial Gazette, curtail the term of office of the Chairman, Vice-Chairman, Treasurer or all or any of the other members holding office for the time being and appoint a new Chairman, Vice-Chairman, Treasurer and other members either for the remainder of the term or for a full term of three years, as the State Government may deem fit.
Chapter III MANAGEMENT COMMITTEE
14. Filling up of casual vacancy
In the event of any vacancy occurring on account of death, resignation, disqualification or removal of a member or on account of non- acceptance of office by the member or where the appointment is set aside, or on account of a member becoming incapable of acting prior to the expiry of his term of office, or desiring to be relieved or discharged or refusing to act or neglects to perform his duties as such member, the Executive Officer shall forthwith communicate the occurrence of the event to the State Government through the Management Committee; and the vacancy shall be filled in as soon as conveniently may be, by appointment of a person thereto and the member so appointed shall hold office so long only as the member in whose place he is appointed would have held it, if the vacancy had not occurred.
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