Chapter V EXECUTIVE OFFICER AND OTHER OFFICERS

(1)The State Government shall appoint a person to be the Executive Officer from amongst the officers not below the rank of the Deputy Collector, for the purposes of this Act. He shall hold the office ordinarily for a period of three years from the date of his appointment unless his term of office is determined earlier by the State Government by an order issued in this behalf.

1. (2) When a temporary vacancy occurs in the office of the Executive Officer, by reason of sickness or leave or any other reason, the State Government shall at the earliest opportunity fill up the vacancy by appointing an officer from amongst the officers not below the rank of Deputy Collector for the period of absence of the Executive Officer.
2. (3) He shall be the ex-officio Secretary of the Management Committee.
3. (4) Other officers and employees of the Committee shall be appointed on such terms and conditions of services as may be determined by regulations duly approved by the State Government.
4. (5) The Executive Officer shall, as soon as may be, after the commencement of this Act or after the appointed day, as the case may be, prepare a schedule setting forth therein the duties, designation and grades of officers, employees and the particulars relating to the salaries and allowances or honorariums payable to them, to the State Government through the Management Committee for the approval. Such schedule shall come into force on approval of the State Government. No change shall be made in such schedule without the sanction of the State Government: Provided that, no officer or employee, who is paid or is to be paid a salary of more than thousand rupees per month, shall be appointed by the Committee, without the previous approval of the State Government.
5. (6) The salary and allowances and other expenses of the Executive Officer and other officers and employees of the Committee shall be paid out of the Management Fund.

1. (1) The Executive Officer shall, subject to the superintendence, direction and control of the Committee, have power to carry out its decisions and orders in accordance with the provisions of this Act and the rules, regulations and bye-laws made thereunder.
2. (2) Notwithstanding anything contained in sub-section (1), the Executive Officer shall be responsible for the custody of all records and properties of the Devasthan Trust and shall make proper arrangement for collection of offerings, dakshina, bhogs or bhets and the like, whether in cash or kind, made in the Devasthan Trust and he shall have power,-
   • (a) to take disciplinary action against any officer or employee of the Committee;
   • (b) to propose the suspension of any officer or employee of the Committee to the Committee;
   • (c) to grant lease of the lands and buildings which are ordinarily leased out for a period not exceeding one year at a time;
   • (d) to call for tenders for works or for supplies, and accept such tender, when the amount or value thereof does not exceed one lakh rupees;
   • (e) to decide disputes between employees of the Committee;
   • (f) to dispose of perishable offerings, by auction or otherwise, and credit the sale proceeds to the Trust Fund;
   • (h) to do all other acts and things, including grant of licences, which he is empowered to do by the Committee or under the regulations: Provided that, the exercise of powers under clauses (a), (b) and (c) shall be subject to the directions of the Committee, if any, issued either generally or specially in that behalf.
   • (g) to undertake urgent repairs or measures required for safety or convenience of the devotees;
3. (3) The other officers and employees of the Committee shall exercise such powers and perform such duties and functions as are assigned to them by the Committee or the Executive Officer or under the regulations.

Subject to the post facto approval of the Management Committee in the consecutive meeting, the Executive Officer may, in case of emergency, direct execution of any work or the doing of any act, involving expenditure not exceeding rupees three lakh which is not provided for in the budget for the year and the immediate execution or the doing of which is in his opinion necessary for the preservation of the properties of the Devasthan Trust or the services or safety of the pilgrims resorting to the Devasthan and may also direct that such expenses not exceeding three lakh rupees for executing such work or doing of such act, shall be paid from the Trust Fund.

1. (1) The Executive Officer shall be the servant of the State Government, but he shall draw his salary and allowances directly from the Management Fund; and his conditions of service on deputation to the Committee shall be such as may be determined by the State Government.
2. (2) The terms and conditions of service, qualifications, method of recruitment, duties and functions, pay, allowances, honorarium, discipline and conduct of the other Officers, servants, employees of the Committee, shall be such as may be determined by the Committee with the approval of the State Government; and as far as may be practicable, but subject to the provisions of this Act, they shall not be inferior to the existing conditions of service. Their pay and allowances shall be paid from the Management Fund.
3. (3) There shall be paid, every year out of the Management Fund to the State Government, such cost or amount as the State Government may determine on account of pension, leave and allowances (other than those drawn from the Management Fund) payable to the Executive Officer.

Every person who, immediately before the appointed day, is serving in connection with the affairs of the erstwhile trust shall be deemed to have been allocated and appointed for service as from the appointed day, for service under the Committee in connection with the affairs of the Devasthan Trust, on the same salary and other terms and conditions of service which were applicable to him immediately before the appointed day to the Devastan Trust; and such conditions of service shall not be varied to his disadvantage or such employee shall not be removed from service by the Committee, except with the previous approval of the State Government: Provided that, nothing in this section shall affect the powers of the Committee to terminate the services of any such person in accordance with the provisions of this Act and the regulations made by the Committee, with the approval of State Government.

Subject to the provisions of this Act and the rules and regulations made thereunder, the Committee may impose any of the punishments shown below, for breach of trust, incapacity, disobedience of lawful order or neglect of, or wilful absence from duty, disorderly behaviour or conduct derogatory to the discipline or dignity of the Devasthan Trust or for any other sufficient cause, namely :-

1. (a) removal from service;
2. (b) recovery, from emoluments or perquisites, of the whole or part of any pecuniary loss caused to Devasthan by negligence or breach of order or disorderly behaviour or conduct;
3. (c) any other minor punishment as may be prescribed with the prior approval of the State Government.

No person shall be considered for appointment to any post or vacancy on the ground merely, that he is entitled for such appointment according to,-

1. (i) any scheme framed, agreement entered or judgement, decree or order passed by any court, tribunal or other authority prior to the date of commencement of this Act;
2. (ii) any custom or usage; or
3. (iii) the principle that he is next in the line of succession to the last holder of office.