GOVERNMENT  OF  MAHARASHTRA

LAW    AND    JUDICIARY  DEPARTMENT

MAHARASHTRA  ACT  NO.  XXX  OF  1970

THE  MAHARASHTRA  RELIGIOUS  ENDOWMENTS
(RECONSTRUCTION  ON  RESETTLEMENT  SITES)
ACT,  1970

(  As  modified  upto  the  30th  November,  2012  )

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THE  MAHARASHTRA RELIGIOUS  ENDOWMENTS (RECONSTRUCTION
  ON RESETTLEMENT SITES) ACT,  1970

--------

CONTENTS

Short title, extent and commencement.
Definitions.
Notice of award of compensation.
Power of State Government to require Collector to reconstruct place of worship.

Provisions in respect of reconstructed endowments.

Power of State Government to refere to Charity Commissioner for framing schemes
for reconstructed endowment if trustees do not accept it.

Penalty for refusal to hand over property to trustees for reconstructed endowment.

Application.

Appeal.

Officers holding inquiries to have powers of Civil Court.

Inquiries to be judicial inquiries.

Limitations.

Indemnity from suits and proceedings.

Rules.

PREAMBLE.

SECTIONS.

1.
2.
3.
4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

H  173-1

MAHARASHTRA  ACT No. XXX OF 19701

[THE MAHARASHTRA  RELIGIOUS  ENDOWMENTS  (RECONSTRUCTION ON  RESETTLEMENT  SITES)
ACT, 1970.]

[This  Act  received  assent  of  the  president  on  the  9th  July  1970;  assent  was  first
published in "Maharashtra Government Gazette" part IV Extraordinary, on the 15th July,
1970]

[15th  July,  1970]

An  Act  to  provide  for  the  reconstruction  of  religious  endowments  acquired  for  any
project  on  resettlement  sites  provided  by  the  State  Government  and  for  matters
connected  therewith.

WHEREAS it is expedient to provide for the reconstruction of religious endowments
acquired for any project on resettlement sites provided by the State Government and for
matters connected therewith ; it is hereby enacted in the Twenty-first Year of the Republic
of  India as  follows  :—

1. (1) This    Act    may    be    called    the  Maharashtra  Religious  Endowments

(Reconstruction  on  Resettlement  Sites)  Act,  1970.

(2) It  extends  to  the  whole  of  the  State  of  Maharashtra.

1  For  Statement  of  Objects  and  Reasons, see Maharashtra  Government  Gazette,  1969,  Part  V,  Extra,

page  597.

Short  title,
extent  and
commence-
ment.

2

Maharashtra Religious  Endowments

[1970 : Mah. XXX

(Reconstruction on Resettlements Sites) Act, 1970

(3) It shall come into force on such date as the State Government may by notification

in  the Official  Gazette  appoint  *  in  this  behalf.

2. In  this Act,  unless  the  context  requires  otherwise—

(a) "acquired endowment" means a religious  endowment acquired by the State

Definitions.

Government  for  the  purposes  of  any  project  ;

(b) "competent authority" means the Collector, and includes any other officer’s
appointed  by  the  State  Government,  by  notification  in  the Official  Gazette,  to
perform  all  or  any  of  the  functions  of  a  competent  authority  under  this Act  ;

(c) "project" means any irrigation, power or any other project executed or to be

executed  by  the  State  Government  ;

(d) "reconstructed  endowment"  means  a  religious  endowment  which  is
reconstructed on a resettlement site with the assistance of the compensation money
received  in  respect  of  any  acquired  endowment  as  provided  in  the  Act  ;

(e) "religious  endowment"  means  any  temple,  mosque,  church, agyari,
synagogue or any endowment created for religious worship or other public religious
purpose  ;

(f) "resettlement  site"  means  the  site  provided  or  to  be  provided  by  the  State
Government  for  resettling  persons  who  have  been  or  will  be  displaced  by  the
acquisition  of  lands  for  a  project  ;

(g) "trustee"  means  a  trustee  of  a  religious  endowment.

3. (1) Whereas due to any project executed or to be executed by the State Government,
any religious endowment is acquired by the State Government under any law for the time
being in force, and the amount of compensation therefor, and the persons to whom such
amount is to be paid, have been finally determined under such law, a notification to that
effect shall be published in the Official Gazette and in such other manner as the competent
authority may deem fit, stating the name of the religious endowment together with plans
or photographs thereof, if any, or any document containing any description or information
of  such  endowment  including  any  instrument  of  trust  in  respect  thereof,  the  names  of
persons  including  trustees  to  whom  the  amount  of  compensation  should  be  paid  and
requiring  such persons  to claim  the compensation  and  pass a  receipt in  token of  having
received it  within sixty  days from  the date  of the  publication of  such notification  in the
Official Gazette. The competent authority shall also cause a copy of such notification to
be  forwarded  to  the  trustees  to  whom  the  compensation  is  to  be  paid.

(2) If  no  trustees  are  ascertainable  or  all  the  trustees  do  not  claim  the  amount  of
compensation  and  pass  a  receipt  signed  by  all  the  trustees  in  token  of  having  received
such  amount  within  a  period  of  sixty  days  aforesaid,  then  the  amount  of  compensation
determined as aforesaid shall vest in the State Govrnment for the purposes of reconstructing
the  religious  endowment  on  resettlement  site  as  provided  in  this  Act.

4. (1) Where  any  compensation  is  vested  in  the  State  Government  under  section  3,
the State Government may, subject to the provisions of this section, by order require the
competent  authority  to  reconstruct  the  religious  endowment  at  such  site  as  may  be
specified  in  the  order,  such  site  being  situated  as  far  as  possible  in  the  village  where
persons  displaced  from  any  area  in  which  such  acquired  endowment  was  situated  have
been  resettled.

(2) The  religious  endowment  shall,  subject  to  the  provisions  of  rules  made  in  this
behalf,  be  reconstructed  on  the  resettlement  site,  as  far  as  possible  on  the  model  of  the
acquired  religious  endowment,  and  in  accordance  so  far  as  can  be  ascertained  with  the
general  wishes  of  those  who  will  be  interested  in  such  endowment  when  reconstructed,
so however that the cost of reconstruction shall not exceed the amount of compensation
vested in the State Government and the amount of any grant or contribution received for
reconstructing  the  endowment.

*  This  Act  came  into  force  on  the  1st  day  of  December,  1971,  by    G.  N.,  G.  A.  D.,  No.  LRC.

  1069/1747/-R-1,  dated  the  26th  November,  1971  published  in  M.  G.  pt.  IV-B,  P.  1984.

Notice  of
award  of
compensa-
tion.

Power  of
State
Government
to  require
Collector  to
reconstruct
place  of
worship.

1970 : Mah. XXX ]

    Maharashtra Religious Endowments
  (Reconstruction on  Resettlement Sites) Act 1970
(3) The  rules  made  under  sub-section  (2)  may  provide  for  powers  of  the  competent
authority for reconstructing the endowment, the installation of image of the deity, of any
size,  shape,  architectural  design  and  all  matters  incidential  to,  or  connected  with,  the
reconstruction  of  the  religious  endowment  concerned.

3

Bom.
XXIX
o f
1950.

Bom.
XXIX
o f
1950.

(4) The  competent  authority  shall,  after  the  religious  endowment  is  reconstructed

inform the State Government accordingly.

5. (1)  Every  reconstructed  endowment  shall  be  registered  as  a  public  trust  for  the
purposes  of  the  *  Bombay  Public  Trusts Act,  1950  ;  and  the  provisions  of  Chapter  IV
of  that Act  relating  to  the  registration  of  public  trusts  shall,  as  far  as  may  be,  apply  to
the making of entries in the register kept under section 17 of that Act. The entries so made
shall  be  final  and  conclusive.

(2) The property—moveable and immoveable—and all interests of whatsoever nature
of kind therein which vested in the acquired endowment shall be deemed to be transferred
to and shall vest in, without further assurance the reconstructed endowment ; and if any
such  property  is  burdened  with  any  encumbrances,  then  such  encumbrances  shall  be
transferred therefrom and shall be deemed to be attached to the reconstructed endewment,
and the lessee, mortgagee, creditor, or as the case may be, any other encumbrancer shall
exercise  his  rights  accordingly.

(3) save as expressly provided aforesaid, all rights, liabilities and obligations (including
contracts) and the instrument of trust, if any, and all suits and legal proceedings in relation
to the  acquired endowment shall subject  to the provisions of  sub-section (2)  of   section
6, be deemed to be the rights, liabilities and obligations, contracts and the instrument of
trust,  or  as  the  case  may  be,  suit  or  legal  proceedings  in  relation  to  the  reconstructed
endowment.

6. (1) The State Government shall, from such date as it may determine, offer to transfer
the  reconstructed  endowment  to  the  trustees  of  the  acquired  endowment  ;  and  on
accepting  the  offer,  the  reconstructed  endowment  shall,  subject  to  the  provisions  of
section  5,  vest  in  the  trustees,  and  the  trustees  shall,  subject  to  any  order  of  the  state
Government, administer  and manage the  reconstructed endowment  in all respects  as the
acquired  endowment  was  administered  and  managed  before  the  commencement  of  this
Act,  regard  being  had  to  the  instrument  of  trust,  if  any,  under  which  the  acquired
endowment  was  created.

(2) If the trustees fail to accept the offer within sixty days from the date of the offer
or  such  extended  period  as  the  State  Govrnment  may  permit  in  this  behalf,  the  State
Government may by order refer the matter to the Chrity Commissioner, and thereupon, the
provisions  of  sections  50A  and  72  of  the  *  Bombay  Public  Trusts  Act,  1950  and  all
provisions  of  that  Act  applicable  thereto  shall  apply  in  relation  to  the  reconstructed
endowment  as  they  apply  in  relation  to  public  trusts  under  section  50A.

7. (1) On the appointment of any trustee or trustees of any reconstructed endowment
in pursuance of the provisions of section 6, the trustees of the acquired endowment shall
forthwith hand over the property of the acquired endowment in their possession or under
their  control  to  the  trustees  of  the  reconstructed  endowment  so  appointed.

(2) If the trustees of any acquired endowment fail or refused to transfer any property
belonging to such endoswment [being property which is deemed to be transferred to and
vested  in,  the  reconstructed  endowment  by  operation  of  the  provisions  of  sub-section
(2)  of  section 5]  to  the  trustees  of  the  reconstructed  trust within  forty-five  days  or  such
extended period as the State Govrnment may permit in this behalf after the appointment

*  The  title  of  this  Act  was  amended  as  "the  maharashtra  public  trusts  Act"  by  Mah.  24  of  2012.

Provisions  in
respect  of
reconstructed
endowments.

Power  of
State
Government
to  refer  to
Charity
Commissioner
for  framing
scheme  for
reconstructed
endowment
if  trustees  do
not  accept  it.

Penalty  for
refusal  to
hand  over
property  to
trustees  of
reconstructed
endowment.

4

Maharashtra Religious Endowments
(Reconstruction on  Resettlement Sites) Act 1970

[1970 : Mah. XXX

of  such  trustees,  the  State  Government  or  any  authority  empowered  by  the  State
Government  in  this  behalf  may,  by  order  in  writing,  direct  the  trustees  of  the  acquired
endowment  who  are  in  possession  or  control  of  the  property  of  such  endowment  to
forthwith  handover  such  property  to  the  trustees  of  the  reconstructed  endowment
appointed  as  aforesaid.

(3) If the trustees of the acquired endowment do not comply with any direction issued
under  sub-section  (2),  the  State  Government  may  take  steps  to  recover  the  property  in
the  possession  or  control  of  such  trustees,  and  for  that  purposes  the  State  Government
may  authorise  any  officer  to  issue  a  search  warrant  and  exercise  all  such  powers  with
respect  thereto  as  may  be  lawfully  exercised  by  a  Magistrate  under  Chapter  VII  of  the
Code of Criminal Procedure, 1898*. The property so recovered shall be handed over to
the  trustees  of  the  reconstructed  endowment  appointed  as  aforeasaid.

(4) If the trustees of the acquired endowment do not comply with any direction issued
under  sub-section  (2),  otherwise  than  for  reasons  beyond  their  control,  they  shall,  on
conviction,  be  punished  with  simple  imprisonment  for  a  term  which  may  extend  to  one
month  or  with  fine  which  may  extend  to  five  hundred  rupees  or  with  both.

8. (1)  Any  person  aggrieved  by  any  decision  or  order  of  the  competent  authority
given or made under this Act or any rules thereunder may, within sixty days from the date
of  such  decision  or  order,  apply  to  the  State  Government  to  set  aside  such  decision  or
order.  Pending  the  disposal  of  the  application,  the  State  Government  may,  if  there  is a
prima facie  case for  a  stay  order, make  a  stay  order, subject  to  any  terms or  conditions
as  may  be  specified  in  the  stay  order.

(2) The State Government after making such inquiry and considering such evidence,
both  oral  and  documentary  as  may  be  adduced,  may  confirm,  revoke  or  modify  the
decision  or  order  of  the  competent  authority.

Application.

Appeal.

9. (1) Any person aggrieved by any decision or order of the State Government under
this Act (except an order to refer to the matter to Charity Commisioner under section 6),
may  appeal  to  the  Maharashtra  Revenue  Tribunal  constituted  under  the  Maharashtra
Land  Revenue  Code,  1966,  in  the  manner  provided  by  rules  made  in  that  behalf.

(2) subject  to  the  decision  of  the  Maharashtra  Revenue  Tribunal  in  appeal,  the

decision  of  the  State  Government  shall  be  final  and  conclusive.

10. In holding  inquiries for  the purposes of  this Act, the  officer or  authority holding
the same  shall have the  same powers as are  vested in courts  in respect of  the following
matters under the Code of Civil Procedure,  1908, in trying a suit :—

(a) proof  of  fact  by  affidavits,
(b) summoning and enforcing the attendance of any person and examining him

Officers
holding
inquiries  to
have  powers
of  civil
court.

on  oath,

(c) compelling  the  production  of  documents,
(d) issuing  of  commissions.

Inquiries  to
be  judicial
inquiries.
Limitations.

11. All inquiries and appeals under this Act shall be deemed to be judicial proceedings

within the  meaning of  sections 193, 219  and 228 of  the Indian  Penal Code.

12. In  computing  the  period  of  appeal  under  this Act,  the  provisions  of  sections  4,

5  and  12  of  the  Limitation Act,  1963,  shall  apply  to  the  filing  of  such  appeals.

*  Now, see  the  code  of  criminal  procedure,  1973  (2  of  1974).

V.  of
1898.

Mah.
XLI
o f
1966.

V.  of
1908.

XLV
o f
1860.
36  of
1963.

1970 : Mah. XXX ]

   Maharashtra  Religious Endowments
  (Reconstruction on  Resettlement Sites) Act  1970

5

13. No  suit,  prosecution  or  other  proceeding  shall  be  instituted  against  the  State
Government  or  any  officer  or  authority  in  respect  of  anything  in  good  faith  done  or
purporting  to  be  done  under  this  Act  or  rules  thereunder.

Indemnity
from  suits
and
proceedings.

14. (1) The State Government may make rules for the purpose of carrying into effect
the provisions of this Act including provision for the imposition of fees for the purposes
of  this  Act.

Rules.

(2) All  rules  made  under  this  section  shall  be  subject  to  the  condition  of  previous

publication.

(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  modifiction  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 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.

GPK.–H  173-3280  Bks.-3.2013

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