Chapter X MISCELLANEOUS

Suits and other legal proceedings. In all suits and other legal proceedings by or against the Devasthan 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.

Continuance of legal proceeding by or against erstwhile public trust and construction of reference to that trust.

1. (1) Where the erstwhile trust or any trustee or Committee thereof was, immediately before the appointed date, a party to any legal proceedings with respect to any property, rights, liabilities or obligations since vested in the reconstituted Devasthan Trust under section 3, by the name of the erstwhile trust, the said reconstituted Devasthan Trust or its Committee, shall be deemed to have been substituted for the erstwhile trust or its trustees or Committee, as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings shall continue accordingly.
2. (2) Any reference to the erstwhile 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 date, 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 Devasthan Trust, as 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 Devasthan 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 Devasthan Trust with a detailed list together with the relevant information of donee institutions (with full address), and the patients to whom financial assistance was given by the Devasthan Trust and the amount of such financial assistance, 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 Devasthan 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 Devasthan Trust shall be deemed to be a public servant within the meaning of the clause

1. (28) of section 2 of Bharatiya Nyaya Sanhita, 2023 and clause
   • (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 servants, 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 Public Trusts Act or any other law for the time being in force, or in any scheme of management framed thereunder before the appointed date 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 Devasthan Trust as reconstituted under this Act or to any accommodation provided by Devasthan 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 Devasthan 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 appointed day.

1. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
2. (2) 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 exists 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.
3. (3) 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 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 rule, which may be necessary or expedient for the purposes of carrying out its duties and functions under this Act.
2. (2) No regulation 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 the Official 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.