The Shree Karveer Niwasini Mahalaxmi (Ambabai) Mandir (Kolhapur) Act, 2018
Chapter VIII CONTROL
Chapter VIII CONTROL
35. Power of State Government to give direction, call for report, document, etc
- (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 its powers and duties or in the matter of administration of the Temple Trust and 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 festivals in, or connected with, the Temple.
- (2) The State Government or an officer authorised by the State Government in that behalf may,suo moto or on an application made to it by any person having interest in the Temple, call for such information, accounts, report or other documents or copies or extracts therefrom, relating to the Temple Trust as considered necessary to satisfy itself or himself that the Temple Trust is being properly maintained and administered, and whether the Trust Fund is being duly appropriated to the purposes for which it is constituted, and the said Temple Trust shall, on such requisition, furnish forthwith the information, accounts, report or other documents or copies or extracts therefrom, to the State Government, or as the case may be, to such authorised officer.
Chapter VIII CONTROL
36. Inspection by Government
The State Government may, depute any officer not below the rank of Deputy Secretary wherever considered necessary, to inspect any movable or immovable property, records, correspondence, plans, accounts and other documents relating to the Temple; and thereupon the Committee, its officers and employees shall be bound to afford all facilities to such officers for inspection.
Chapter VIII CONTROL
37. Power of State Government to suspend or rescind any resolution or order, etc. of Committee, in certain cases
- (1) If, in the opinion of the State Government, the execution of any resolution, decision or order of the Committee or that the doing of any act which is about to be done or is being done by or on behalf of the Committee in contravention of or in excess of the powers conferred by or under this Act or any other law for the time being in force, or is likely to lead to abuse or misuse of, or to cause waste of the Trust Fund or Management Fund, or is likely to cause injury or annoyance to the public or is against public interest, or is likely to lead to a breach of the peace or is unlawful, it may, by order in writing, suspend or cancel, the execution of such resolution or order or prohibit the doing of any such act for such period as it may specify therein. When the State Government makes any order, it shall forthwith forward to such Committee a copy of the order, indicating therein the reasons for making it.
- (2) Within thirty days from the date of the receipt of such order, the Committee may, if it thinks fit make representation to the State Government, in writing indicating therein, why the order of the State Government should be rescinded, revised or modified. If no such representation is received by the State Government within the prescribed time, it shall presume that the Committee has no objection if the order of the Government is confirmed : Provided that, the State Government shall before making such order take into consideration the representation of the Committee, if received before such an order is made.
- (3) On receipt of such representation from the Committee, the State Government may, within a period of six months from the date of receipt of such representation, rescind the order or may revise or modify or confirm the order or direct that the order shall continue to be in force with or without modification.
- (4) In a case where the record of any proceeding or decision or order of the Committee is called for by the State Government under sub-section (1), it may stay the execution of any such decision or order pending the exercise of its power under sub-section (1).
Chapter VIII CONTROL
38. Public Officers to furnish copies or extracts from certain documents
All public officers having custody of any record, register, report or other documents relating to the Temple Trust or to any movable or immovable property thereof shall furnish such copies of, or extracts from, the same as may be required by the Committee or by the Executive Officer.
Chapter VIII CONTROL
39. Dissolution and supersession of Committee
- (1) If, the State Government is of the opinion that the Committee appointed under this Act is not competent to perform, or makes persistent default in performing the duties imposed on it by or under this Act or any other law for the time being in force or the rules made thereunder, or fails in complying with the lawful directions, including those arising out of audit of accounts of the Temple Trust or out of inspection of its office, the property or work thereof, or exceeds or abuses its powers, or if it is necessary or expedient for any other reason whatsoever which may be considered sufficient by the State Government, it may, after due inquiry, by notification in theOfficial Gazette, curtail the term of office bearers and members of the Committee and dissolve the Committee and constitute another Committee within a period of six months from the date of dissolution ; or supersede the Committee by a like notification for such period not exceeding six months, as the State Government may deem fit, and communicate to the Committee in writing, the ground on which it is dissolved or superseded.
- (2) Where the Committee is dissolved or superseded under sub-section (1), the State Government shall appoint for a specified period, a person to be an Administrator from amongst the persons in the service of the State Government or from the persons who have retired from such service (such person not being below the rank of a Collector) to exercise the powers and to perform the functions of the Committee under this Act, until the constitution of another Committee or till the expiry of the period of supersession, as the case may be.
- (3) The State Government may, by order issued in that behalf, fix remuneration and other conditions of service of the Administrator appointed under sub-section (2). His remuneration and allowances shall be paid from the Management Fund.
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