Chapter XII MISCELLANEOUS

In all suits and other legal proceedings by or against the Temple Trust or the Committee, the pleadings shall be signed and verified by the Executive Officer and all processes in such suits and proceedings shall be issued to, or served on, the Executive Officer.

1. (1) Where the erstwhile Temple Trust or any Trustees or Committee thereof was, immediately before the appointed day, a party to any legal proceedings with respect to any property, rights, liabilities or obligations since vested in the reconstituted Temple Trust under section 3, by the name of the erstwhile public Trust , the said reconstituted Temple Trust or its Committee, shall be deemed to have been substituted for the erstwhile public Trust or its Trustees or Committee, as a party to those proceedings, or added to as a party thereto, as the case may be, and the proceedings shall continue accordingly.
2. (2) Any reference to the erstwhile public Temple Trust or its Trustees or Committee in any law for the time being in force or in any rule, regulations, notification or order issued thereunder, or in any instrument or other document shall, on and after the appointed day, or the date of commencement of this Act, as the case may be, unless the context otherwise requires, be construed as a reference to the Trust, reconstituted under section 3 or its Committee, as the case may be.

1. (1) The Committee shall cause to be prepared an annual report, including the administration report of the Temple Trust and Auditor’s report for each financial year ending on the 31st March, showing therein the financial status and the details of income and expenditure of the Temple Trust with a detailed list together with the relevant information of donee institutions (with full address), and submit such report, list and information to the State Government not later than the 30th June of that year.
2. (2) A copy of the report received under sub-section
3. (1) shall be laid, by the State Government, as soon as may be, after it is received, before each House of the State Legislature, and a copy of the report or any extracts thereof shall be furnished by the Trust to any person demanding the same, on payment of such reasonable fees or charges as determined by the Committee.

The members, the Executive Officer and all the officers and employees of the Temple Trust shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code and of clause

1. (c) of section 2 of the Prevention of Corruption Act, 1988.

No suit, prosecution or other legal proceeding shall lie against the State Government, or its servant, the Committee or any member, officer or employee of the Committee, for anything which is done in good faith or intended to be done under this Act or the rules and regulations made thereunder.

The provisions of this Act shall have effect, notwithstanding anything contained in the Maharashtra Public Trusts Act or any other law for the time being in force, or in any scheme of management framed thereunder before the appointed day or in any judgement, decree or order of any court, tribunal, Charity Commissioner or other Competent Authority or in any custom, usage or instrument.

1. (1) Notwithstanding anything contained in the Maharashtra Rent Control Act, 1999, the provisions of the said Act shall not apply to any tenancy created in respect of the property of the Temple Trust as reconstituted under this Act or to any accommodation provided by Temple Trust .
2. (2) For the removal of doubt it is hereby declared that any suit or proceeding instituted by a tenant in respect of any building or part thereof owned by tempel Trust to which the provisions of the Maharashtra Rent Control Act, 1999 shall not apply, pending before any Court or other authority, shall stand abated and all rights and privileges conferred by the said Act or by any other law for the time being in force shall cease and shall become unenforceable.
3. (3) Nothing contained in this section shall be deemed to render invalid any suit or proceeding in which a decree or order passed has been executed or satisfied in full before the date of coming into force of this Act.

1. (1) If in obtaining possession of property of the Temple Trust , to which it is entitled under section 3 or otherwise, the Committee or the Executive Officer is resisted or obstructed by any person, the Executive Officer may make an application to the Executive Magistrate having jurisdiction, complaining of such resistance or obstruction, and such Magistrate shall, unless he is satisfied that the resistance or obstruction was occassioned by any person claiming in good faith to be in possession on his own account or by virtue of some right, independent of that of the Temple Trust, make an order that the Committee or the Executive Officer be put into possession of such property. Such order shall, subject to the result of any suit which may be filed to establish the right to the possession of the property, be final.
2. (2) If any person refuses or fails to comply with the order made under sub-section
3. (1) within thirty days of the date of such order, the Executive Magistrate, may evict that person therefrom and take possession of the property and deliver the same to the Committee or the Executive Officer and for that purpose, use such force as may be necessary.

1. (1) The State Government may, by notification in theOfficial Gazette, make rules to carry out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing provisions, such rules may provide for all or any of the following matters, namely :—
   • (a) the declaration form under clause
   • (b) of sub-section
3. (1) of section 10;
   • (b) the honorarium, travelling allowance and daily allowance to be paid to each member under sub-section
4. (1) of section 16;
   • (c) any other minor punishment under clause
   • (c) of section 26;
   • (d) the conditions and manner of operating accounts by the office bearer or a member of the Committee under sub-section
5. (4) of section 28 ;
   • (e) the manner and form of budget under sub-section
6. (1) of section 32;
   • (f) the rules for doing the audit of accounts under sub-section
7. (1) of section 34;
   • (g) the form of register and manner of its maintenance under sub-section
8. (1) of section 42;
   • (h) any other matter which is to be, or may be, prescribed under this Act.
9. (3) Except when rules are made for the first time, rules made under this Act shall be subject to the condition of previous publication : Provided that, if the State Government is satisfied that circumstances exist which render it necessary to take immediate action, it may, after recording the reasons therefor in the notification, dispense with the previous publication, of any rule to be made under this section.
10. (4) 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 theOfficial Gazette, the rule shall from the date of publication 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 make regulations, not inconsistent with this Act or any rules made thereunder, which may be necessary or expedient for the purpose of carrying out its duties and functions under this Act.
2. (2) No regulations made by the Committee shall come into force until it has been confirmed, with or without modification, by the State Government or by the Charity Commissioner when so authorised by the State Government in that behalf.
3. (3) All regulations made under this section shall be published in the Official Gazette.

1. (1) If any difficulty arises in giving effect to any of the provisions of this Act, the State Government may, as occasion arises, by an order published in theOfficial Gazette, do anything not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the purpose of removing the difficulty : Provided that, no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
2. (2) Every order made under sub-section
3. (1) shall be laid, as soon as may be after it is made, before each House of the State Legislature.