Chapter III MANAGEMENT COMMITTEE

1. (1) For the purpose of management of the Devasthan Trust, the State Government shall, as provided in sub-section (2), constitute a Committee to be called "Shree Shanaishwar Devasthan Trust Management Committee".
2. (2) The State Government shall, by notification in the Official Gazette, appoint the Chairman, Vice-Chairman, Treasurer and not more than eight other members to constitute the Committee 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. (3) Subject to 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.

1. (1) There shall be paid from the management fund to each member such honorarium and travelling allowance and daily allowance for attending the meetings of the Committee or for transacting any business connected with duties as a Chairman or member to the place where such meetings are held or business is transacted and for the return journey from such place at such rates, as may be prescribed.
2. (2) Notwithstanding anything contained in any other law for the time being in force, a member of the State Legislature while holding the office of a member of the Committee who is eligible for any allowance or honorarium under sub-section (1) shall not be disqualified for continuing as a member of the State Legislature.

1. (1) A Chairman, Vice-Chairman or member shall be appointed for a period of three years: Provided that, the term of office of such outgoing member shall be deemed to extend to and expire with, the date on which the notification constituting the new Committee is published in the Official Gazette.
2. (2) A member may, by writing under his hand addressed to the State Government and a copy to the Chairman, resign from the office of member of the Committee: Provided that, such resignation shall not take effect until it is accepted by the State Government.
3. (3) If a member without obtaining leave from the Committee, remains absent for three consecutive meetings of the Committee, he shall cease to be a member thereof, from the time the third meeting is duly terminated.

1. (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, of Shree Shanaishwar of Newasa. He shall, prior to his appointment as a member, make such declaration in the prescribed form.
2. (2) The Chairman, Vice-Chairman, Treasurer and other members shall, unless otherwise disqualified, be eligible for re-appointment.

A person shall be disqualified for appointment as, or for being, a member, if he-

1. (a) is not qualified under sub-section (1) of section 8;
2. (b) is a minor;
3. (c) is of unsound mind, and is so declared by a competent court;
4. (d) is an undischarged insolvent;
5. (e) has directly or indirectly any interest in a lease or any other transaction relating to the immovable property of Devasthan Trust or lawfully held the property of the Devasthan Trust;
6. (f) is a paid servant of the Committee or has any share or interest, directly or indirectly, in any contract for supply of goods to, or for execution of any work, or the performance of any service, undertaken by the Committee in respect of the Trust;
7. (g) has been convicted by a criminal court of any offence involving moral turpitude;
   • (i) for three consecutive meetings of the committee;
   • (ii) from India for a continuous period of six months;
   • (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;
8. (j) has been suspended, removed or dismissed as a Trustee of any public Trust, under section 41-D or any other provisions of the Public Trusts Act by the Charity Commissioner or Court;
9. (k) is practicing as a Legal Practitioner for or against the Devasthan Trust;
10. (l) has left India for the purpose of residing abroad.

1. (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 he has incurred any of the disqualifications mentioned in section 9;
   • (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 standard of performance.
2. (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. (3) The decision of the State Government in this behalf shall be final.

Notwithstanding anything contained in the foregoing provisions or any other provisions of this Act, the State Government may, by notification in the Official 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.

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.