Chapter II RECONSTITUTION AND TRANSFER OF PROPERTY OF THE RELIGIOUS INSTITUTION

1. (1) On and with effect from the appointed day, the public trusts registered under the Maharashtra Public Trust Act, by the nameShree Karveer Niwasini, at Karveer with number A-1493, which vest in, and the management of which vests in, the State Government, shall be deemed to be reconstituted under this Act as a public trust by the name of ‘Shree Karveer Niwasini Mahalaxmi (Ambabai) Temple Trust, Kolhapur’.
2. (2) On the appointed day, all the properties, whether movable or immovable (including all assets, rights, funds, liabilities and obligations) of the erstwhile public Trust (hereinafter referred to as the “Temple Trust”) shall, by virtue of, and in accordance with, the provisions of this Act, stand transferred to, and vested in the management committee or the purposes of the Temple Trust so reconstituted under sub-section
3. (1) and the Executive Officer shall, on behalf of the Committee, be entitled to their possession and management from that day.
4. (3) The Committee orDevasthan Management Committee functioning in relation to the Temple Trust immediately before the appointed day shall cease to function; and all its powers, duties, rights and privileges, if any, in relation to the Temple Trust shall vest in the Management Committee.

1. (1) TheDevasthan Management Committee and every other person in possession of,—-
   • (a) any movable or immovable property of the erstwhile Trust; or
   • (b) the valuable articles, and the money including the money in the form of deposits in bank or in credit society or with any person or investment in shares, belonging to the Temple Trust, shall hand over possession thereof, or transfer or cause to be transferred, forthwith, or within such longer period not exceeding thirty days, as may be allowed by the Management Committee, along with full inventory thereof, to the Executive Officer on behalf of the Management Committee.
2. (2) There shall be a separate committee headed by Additional Collector, Kolhapur District consisting of the Superintendent of Land Records, Joint District Registrar (Stamps and Registration), Sub-Divisional Officer of Kolhapur District and the Executive Officer as theex officio Secretary of the committee. Such committee shall prepare the report of the inventory of the immovable property of the erstwhile Trust, in the format given by the State Government with the relevant documents. TheDevasthan Management Committee shall provide all the relevant documents under their control to such committee. Such committee shall submit its report to the State Government and the Management Committee ofShree Karveer Niwasini Mahalaxmi (Ambabai) Temple. The Management Committee shall take necessary action in respect of the immovable property held by the Trust. Upon submission of such report by the such committee, the State Government shall issue necessary orders for the management of the immovable property.
3. (3) Where any property is handed over or transferred under sub-section (1), the Executive Officer shall, after due verification with the inventory, pass a proper receipt in writing for the same to the transferor and thereupon, the Executive Officer shall be responsible for the safe custody of such property thereafter.
4. (4) On so handing over or transferring any such property of the erstwhile Temple Trust to the Executive Officer and obtaining a receipt thereof under sub-section (2), the transfer or shall stand released and discharged from all claims and demands or liability in respect of that property.
5. (5) Immovable property held by the Temple Trust shall not be sold without public auction and without prior permission of the Government in Law and Judiciary Department and while granting permission, the Government shall ensure that the offset price of such immovable property shall not be less than the market value of such property as per the rates fixed under the Annual Statement of rates fixed under the Maharashtra (Determination of market value) Rules, 1995 or any other law for the time being in force: Provided that, the person who has vested interest in the immovable property at the time of public auction shall have the first right to purchase the said immovable property at the highest bid price accepted at such auction.
6. (6) No instrument alienating the immovable property of the Temple Trust without following the procedure mentioned in this section shall be valid.

1. (1) With effect from the appointed day, notwithstanding anything contained in any compromise or agreement entered into or scheme, or farman, or sanad or grant or order of any ruling authority for the time being or judgment, decree or order of any Court, Tribunal or other authorities passed prior to and in force on the aforesaid day,—
   • (a) all rights, whether customary or hereditary, contractual or otherwise, or privileges of a person or Committee holding any office of the Shripujaks or any other office or service or post by whatever name called or of whatever nature they may be, in performing puja, archana, upchars of any kind whatsoever, in the Temple shall, stand abolished ;
   • (b) any usage or practice relating to the succession to any office or service or post mentioned in clause
   • (a) shall be void ;
   • (c) all rights and emoluments of any nature in cash or kind or both accrued to and appertaining to any office or service or post mentioned in clause
   • (a) and subsisting on the appointed day, shall stand extinguished.

Notwithstanding anything contained in any judgment, decree or order of any Court, Tribunal or other authority or in any scheme, custom, usage, agreement, instrument or in any manual prepared by the Temple Trust or Devasthan Management Committee or in any farman or sanad or any deed, grant or order of the Government or any other authority for the time being governing the Temple,—

1. (a) any share which is payable or being paid or given or allowed to be collected in the offerings made before the deity including the offerings on the brass threshold and the offerings made before the deity in the Palakhi or Chariot,—
   • (i) to or by any person, by whatever name or designation known or called in relation to the temple.
   • (ii) to or by any office-holder or servant or sevekari;
2. (b) share or shares in the offerings made or offered either in kind or in cash or both by the devotees either in Hundi, Plate or on the brass threshold in the temple or the offerings made before the deity in the Palakhi or Chariot, and
3. (c) all shares in the lands or any property movable or immovable of the temple trust allotted to be in possession and enjoyment of any such person or officeholder or servant or sevekari towards remuneration or otherwise for rendering service or seva or for defraying any other expenses connected with the service or management of the temple shall stand abolished on and from the date of commencement of this Act.

1. (1) Any person whose customary or hereditary rights or share or shares have been abolished under section 5 or 6, as the case may be, may, within ninety days from the appointed day, apply to the District Court for adjudication of the amount of compensation payable to him as a result of such abolition of his rights, share or shares ; and such application shall be accompanied by a fee proportionate to 1/30 part of claimed amount subject to maximum of rupees ten lakhs; by 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) The District Court shall hold an inquiry, and if the District Court is satisfied that the applicant has established his claim to any right or privileges, the District Court shall make an order specifying the amount payable to the applicant. Where there are co-sharers claiming the amount, the District Court shall apportion the amount between the co-sharers.
3. (3) In determining the amount of compensation, the District Court may take into consideration the provisions of the scheme made by any court for the administration of any Temple, and the decisions of the competent courts recorded before the appointed day in relation to the customary hereditary rights and privileges of persons having any interest in the income from the Trust; but in no case shall the amount determined exceed two and half times the average annual income such aggrieved person was receiving or collecting. Explanation.—Average income shall be determined on the basis of last ten years income before the appointed day. If the aggrieved person’s average annual income, so determined, was rupees one thousand, the compensation shall in no case exceed rupees two thousand five hundred.
4. (4) The District Court 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 customary, hereditary right and privilege abolished and acquired.
5. (5) In determining the amount of compensation, the District Court shall have regard to the following factors:—
   • (a) the deity is a juristic person and any offering, gift or donation to the deity is, in law, the property of the deity ;
   • (b) the application or claimant or his predecessor has appropriated the offerings, share or income over a period of time and thus accumulated a corpus ;
   • (c) such accumulated corpus or its part also had yielded or potential to yield monetary returns ;
   • (d) the compensation is to be paid from trust fund, the primary source of which is the property of deity ;
   • (e) the trust fund is to be utilized for the administration and management of the temple trust, and
   • (f) therefore, the compensation ordered to be paid shall not be excessive exorbitant and onerous to the temple trust.
6. (6) Every order made by the District Court shall be in writing signed by Judge, and shall specify the amount of compensation if any, ordered to be given together with reasons for giving the said amount, or rejecting the claim, as the case may be.
7. (7) Every such order shall be deemed to be a decree and the Statement of the reasons of every such order, a judgment within the meaning of clause
8. (2) of section 2, and clause
9. (9) of section 2, respectively, of the Code of Civil Procedure, 1908.
10. (8) 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.
11. (9) 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.
12. (10) On making such order under this section, the Executive Officer shall, out of the Trust Fund, tender the payment of the amount as ordered by the District Court to the person entitled thereto according to the order and shall pay it to them: Provided that, 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, such amount shall be deposited in the District Court: Provided further 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.
13. (11) When any amount 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 amount, order the same to be invested in such Government or other approved securities as it may think fit and may direct the interest or other proceeds of any such investment to be accumulated and paid in such manner as it may consider and shall give the parties interested therein the same benefit therefrom as they might have had if they themselves had invested the same.
14. (12) When the amount is not paid or deposited, as provided above, the Executive Officer shall pay the amount ordered by the District Court, with interest thereon at the rate of four per cent 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.
15. (13) No suit or proceeding shall lie to any other court in respect of the matters covered under this section.