The Shree Shanaishwar Devasthan Trust (Shingnapur) Act, 2018
Chapter IV CONDUCT OF BUSINESS
Civil201848 sections10 chapters
Chapter IV CONDUCT OF BUSINESS
13. Meetings of the Committee and rules of procedure.
Statutory text
- (1) For the transaction of its business, the Management Committee shall meet at such intervals as it may determine, from time to time, so however, that not more than thirty days shall elapse between the two meetings.
- (2) One-half of the number of members of a Committee shall form a quorum: Provided that, when a quorum is required but not present, the presiding authority shall adjourn the meeting for thirty minutes and the business which would have been brought before the original meeting had there been a quorum thereat, shall be brought before the adjourned meeting, whether there be a quorum present or not.
- (3) Every meeting of the Committee shall be presided over by the Chairman of the Committee and in his absence by the Vice-Chairman and, in their absence, by a member elected for the purpose by the members present.
- (4) All questions arising at the meeting of the Committee shall be determined by the majority of votes of the members present. In the case of equality of votes, the Chairman or the person presiding, as the case may be, shall have a right to exercise a casting vote: Provided that, the Chairman of the meeting shall have a power to cast his first vote in his capacity as a member and thereafter have a second and casting vote in his capacity as a Chairman.
- (5) The Executive Officer, being the ex-officio Secretary of the Committee, shall be responsible for the maintenance of the minutes of the proceedings of every meeting, and such minutes shall be duly countersigned by the Chairman or by the member presiding at the meeting, as the case may be.
- (6) Consistent with the provisions of this Act and the rules made thereunder, the Committee shall make regulations, with the approval of the State Government for regulating its procedure and the conduct of its business.
Chapter IV CONDUCT OF BUSINESS
14. Defect or vacancy not to invalidate acts.
Statutory text
No act or proceedings of the Committee or of any person acting as the Chairman or a member of the Committee shall be deemed to be invalid by reason only of the existence of a vacancy amongst its members or a defect in the constitution thereof or on the ground that the Chairman or any member of the Committee was not entitled to vote or to continue in office by reason of any disqualification or by reason of any irregularity or illegality in his appointment.
Chapter IV CONDUCT OF BUSINESS
15. Duties and powers of Committee.
Statutory text
- (1) Subject to any general or special order of the State Government, it shall be the duty of the Committee,-
- (a) to manage the properties and affairs of the Trust efficiently;
- (b) to make proper arrangement for the conduct and performance of rituals, worship, ceremonies and festivals in the Devasthan according to the custom and usages;
- (c) to provide necessary facilities and amenities to the devotees;
- (d) to apply the income of the Devasthan Trust to the objects and purposes for which the Devasthan Trust is constituted and administered or to the other objects or purposes akin to the purposes of the Devasthan Trust or to the purposes allowed by or under this Act;
- (e) to ensure due and proper continuance and performance of worship, rituals, ceremonies or services of the nitya or daily or periodical, general or special pooja in the Temple without any break or hindrance or without in any way curtailing the form, dignity, grandeur or manner of pooja, archana, religious faith, or belief which were being performed in relation to the deity in the Devasthan Trust immediately before the appointed day; taking particular care to ensure that, as far as possible, darshan, etc., of the deities or prayer or worship in the Devasthan Trust is available to the devotees; appointing person or persons, on payment of such remuneration, and subject to such terms and conditions, for performance of any seva or service in the Temple, as the Committee may, in the interest of the better management of the Temple, determine;
- (f) with the previous sanction of the State Government to acquire or purchase land or buildings required for the purpose of development and carrying out schemes of the Devasthan Trust and to carry out the objectives or purposes of the trust: Provided that, before acquiring or purchasing any land or building, a certificate from the Government Approved Valuer shall be obtained by the Committee;
- (g) to expand the library of the literature of the Shree Shanaishwar;
- (h) to collect the daily offerings, received either in cash or kind including dakshina, bhog, donation, subscriptions and the like in the Devasthan Trust or within the precincts thereof, to the exclusion of any other person, and to ensure the safe-custody of the valuable security, jewellery, ornaments and all other offerings so collected: Provided that, the cash, offerings received in cash Box, Hundi or otherwise shall be counted in the presence of the Assistant Charity Commissioner, Ahmednagar or his representative; and where offerings received are in kind, the Committee shall cause the valuation thereof to be determined by the Government Approved Valuer;
- (i) in respect of Devasthan Trust under its control credit to the Trust Fund, the cash, offerings so received, and where the offerings received in kind are sold, the proceeds thereof, received by the Committee;
- (j) generally do all such acts as may be incidental, conducive or necessary for the purposes of proper and efficient management, maintenance and administration of the properties and affairs of the Devasthan Trust; and to charge such fees for providing services through its sevekaris as the Committee may, from time to time, determine.
- (2) (a) No immovable property vested in the Devasthan Trust shall be leased for more than a year, or mortgaged, sold or otherwise alienated, by the Committee except with the previous sanction, in writing, of the State Government.
- (b) No jewellery, ornaments and other valuable movable property vested in the Devasthan Trust, the value of which is more than fifty thousand rupees, shall be sold, pledged or otherwise alienated by the Committee, except with the previous sanction, in writing, of the State Government.
- (c) The Committee shall have no power to borrow money from any person or party, except with the previous sanction, in writing, of the State Government.
- (d) Subject to the prior approval of the State Government, the Committee shall have all the powers not otherwise specifically provided under this Act, but are necessary for performing its duties and functions under this Act.
Chapter IV CONDUCT OF BUSINESS
16. Power of Committee to grant licence.
Statutory text
- (1) Any person who desires to sell flowers, prasad, books and other literature, pictures and any other material approved by the Committee or to look after cars and other vehicles, bicycles, shoes, umbrellas or other personal effects within and on the precincts of the premises of the Devasthan Trust shall apply to the Committee for grant of a licence or renewal thereof in such manner and within such period as may be provided by bye-laws.
- (2) Every such application shall be accompanied by such fee as the Committee may specify in this behalf by bye-laws.
- (3) The Committee may grant or renew the licence or for reasons to be recorded in writing refuse to grant or renew the licence.
- (4) All the licences granted or renewed under this section shall be subject to the provisions of this Act and the rules and bye-laws made thereunder.
Chapter IV CONDUCT OF BUSINESS
17. Power to cancel or suspend license.
Statutory text
- (1) Subject to the provisions of sub-section (2), the Committee may, for reasons to be recorded in writing, suspend or cancel a licence,-
- (a) if the licence has been obtained through wilful misrepresentation or fraud;
- (b) if the licensee or any servant or any person acting on his behalf with his express or implied permission, commits a breach of any of the terms and conditions of the licence;
- (c) if the licensee has become an insolvent; or
- (d) if the licensee is convicted of any offence involving moral turpitude.
- (2) No licence shall be suspended or cancelled under this section unless a reasonable opportunity to show cause against such suspension or cancellation has been given to such licensee.
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