1980 : Mah. II]

Maharashtra Sinhastha Fair Pilgrim Tax  Act, 1980

GOVERNMENT OF MAHARASHTRA

LAW AND JUDICIARY DEPARTMENT

MAHARASHTRA  ACT  No.  II  OF  1980.

THE MAHARASHTRA
SINHASTHA FAIR PILGRIM TAX
ACT, 1980.

(As modified upto the 9th March 2016)



PRINTED IN INDIA BY THE MANAGER, GOVERNMENT CENTRAL PRESS, MUMBAI AND PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING,

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2016

[Price : Rs. 19-00]

 Maharashtra Sinhastha Fair Pilgrim Tax  Act, 1980

[1980 : Mah. II

THE MAHARASHTRA SINHASTHA FAIR PILGRIM TAX ACT, 1980.
—————

CONTENTS

PREAMBLE.

SECTIONS.

1. Short title, extent and duration.

2. Definitions.

3. Levy  of  pilgrim  tax  on  persons  visiting  Trimbak  Municipal  area  during

Sinhastha Fair.

4. Exemption from levy of pilgrim tax.

5. Regulation of routes and arrangements for collection of tax.

6. Entrustment of recovery of pilgrim tax to Maharashtra State Road Transport

Corporation.

7. Punishment for offences.

8. Certain persons deemed to be public servants.

9. Proceeds to be credited to Consolidated Fund of the State.

10. Power to make rules.

11. Repeal of Mah. Ord. VI of 1979 and saving.

1980 : Mah. II]

Maharashtra Sinhastha Fair Pilgrim Tax  Act, 1980

1

MAHARASHTRA  ACT  No. II OF 1980.1

[THE MAHARASHTRA SINHASTHA FAIR PILGRIM TAX ACT, 1980.]

[Received  the  assent  of  the  Governor  on  the  9th  day  of  February  1980;
assent  first  published  in  the Maharashtra  Government  Gazette, Part  IV,  on
the 12th day of February 1980.]

An Act to provide for levy and collection of a tax on pilgrims
visiting Trimbak Municipal area during the period of
Sinhastha  Fair  in  1979-80.

WHEREAS, a large number of pilgrims were expected to visit Trimbak
Municipal  area  in  Nashik  District  in  the  State  of  Maharashtra,  during  the
period of Sinhastha Fair which has commenced on the 29th August 1979 and
is to end on the 26th September 1980 ;

AND WHEREAS, on this occasion the State Government is making better
and  adequate  arrangements  for  the  public  health,  sanitation,  safety,
convenience  and  welfare  of  the  pilgrims  ;

AND  WHEREAS,  for  meeting  some  portion  of  this  additional
expenditure required to be incurred, it was expedient to provide for the levy
and collection  of a tax  on pilgrims  visiting Trimbak  Municipal area  during
the period of the Sinhastha Fair ;

AND  WHEREAS,  both  Houses  of  the  State  Legislature  were  not  in

session ;

Mah.
Ord. VI
of 1979.

AND  WHEREAS,  the  Governor  of  Maharashtra  was  satisfied  that
circumstances  existed,  which  rendered  it    necessary  for  him  to  take
immediate action to make a law providing for the matters aforesaid and for
matters  connected  therewith;  and,  therefore,  promulgated  the  Maharashtra
Sinhastha Fair Pilgrim Tax Ordinance, 1979, on the 24th August 1979 ;

AND  WHEREAS,  it  is  expedient  to  replace  the  said  Ordinance  by  an
Act  of  the  State  Legislature;  It  is  hereby  enacted  in  the  Thiry-first  Year  of
the  Republic  of  India  as  follows :—

1.

(1) This Act may be called the Maharashtra Sinhastha Fair Pilgrim

Tax Act, 1980.

Mah. XL
of 1965.

(2)    It  extends  to  the  area  within  the  limits  of  the  Trimbak  Municipal
Council established  under the Maharashtra  Municipalities Act, 1965  and to
its  peripheral  area  of  five  kilometres.

(3)  It shall be deemed to have come into force on the 29th August 1979
and shall be in force for the period ending on the 26th September 1980 and
shall then  cease to  have effect, except  as respects things  done or  omitted to
be  done  before  the  expiration  of  the  period  aforesaid.

Short title,
extent and
duration.

2.

In  this  Act,  unless  the  context  otherwise  requires,—

Definitions.

(a)  “ adult ” means person who has completed twelve years of age ;

(b)  “ child ” means a person who has not completed twelve years of age ;

(c)  “ Collector ” means the Collector of the Nashik District and includes
any  officer,  not  below  the  rank  of  Tahsildar,  authorised  by  him  to  exercise
the  powers  and perform  the  duties  of  the  Collector under  this  Act  ;

1 For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1980, Part V,

Extra, page 6.

(G.C.P.)  H  4151—2  (2542—3-2016)

2

 Maharashtra Sinhastha Fair Pilgrim Tax  Act, 1980

[1980 : Mah. II

(d)    “  Municipalities  Act  ”  means  the  Maharashtra  Municipalities  Act,

1965 ;

Mah. XL
of 1965.

Levy of
pilgrim tax on
persons
visiting
Trimbak
Municipal
area during
Sinhastha
Fair.

Exemption
from levy of
pilgrim tax.

(e)  “ Naka ” means a Naka established under this Act ;

(f)  “ period of Sinhastha Fair ” means the period which has commenced
on  the  29th  August  1979  and  is  to  end  on  the  26th  September  1980  (both
inclusive)  ;

(g)    “ pilgrim  ”  means  any  person  visiting the  Trimbak  Municipal  area
during the period of Sinhastha Fair, unless he is one of the exempted persons ;

(h)  “ pilgrim tax ” means the tax on pilgrims levied and collected under

this Act ;

(i)  “ Trimbak Municipal area ” means the area within the jurisdiction of
the  Trimbak  Municipal  Council  established  under  the  Municipalities  Act  ;

3.

(1)  Notwithstanding  anything  contained  in  the  Municipalities  Act,
there  shall  be  levied  and  collected  the  pilgrim  tax  on  every  person  (unless
he is exempted under this Act), visiting or entering the Trimbak Municipal
area, on each occasion, during the period of Sinhastha Fair, at the following
rates,  namely :—

(a) at the rate of one rupee per visit or entry for an adult ;

(b) at the rate of fifty paise per visit or entry for a child.

(2)  The tax may be collected in  or near the vehicle by which the person
may be travelling, or at any Naka, in the Trimbak Municipal area or in any
part of its periphery, by the conductor of any stage carriage belonging to the
Maharashtra  State  Road  Transport  Corporation  or  by  the Naka  Karkun
appointed  by  the  Collector.

(3) On payment of the tax, an entry pass or ticket, in the form laid down

by the Collector shall be issued to him by person who collects the tax.

(4) No  person  who  is  liable  to  pay  the  pilgrim  tax  shall  enter  the
municipal  area  at  any  time  during  the  period  of  Sinhastha  Fair,  without
paying the tax and obtaining the entry pass or ticket as aforesaid.

(5) Any  entry  pass  or  ticket  issued  under  this  section  shall  not  be
transferable and shall be produced on demand for inspection by any person
authorised  by  the  Collector  in  this  behalf.

4.

(1)  The  following  classes  of  persons  shall  be  exempted  from  the

payment of the pilgrim tax, namely :—

(a) local residents of the Trimbak  Municipal area, who hold identity
card or exemption pass issued by or under the authority of the Municipal
Council  or  the  Collector ;

(b) members  of  Parliament  and  Members  of  the  Maharashtra  State

Legislature ;

(c) officers  and  servants  of  the  State  Government,  the  Central

Government or any local authority,  who are on duty ;

(d) persons  who  perform  the  journey  on  foot ;

(e) persons  who  perform  the  journey  on  horse  back  or  bicycle  or  by

bullockcart ;

(f) persons  who are  passing  through the  Trimbak  Municipal area en

route to  any  destination outside  that  area ;

1980 : Mah. II]

Maharashtra Sinhastha Fair Pilgrim Tax  Act, 1980

3

(g) all  children  who  have  not  completed  three  years  of  age ;

(h) any other class or classes of persons, who may be exempted by the
State Government, by notification in the Official Gazette, if it is considered
necessary by it so to do in the public interest.

(2) If any question arises as to whether any person is or is not exempted
from payment of the tax under this section, the question shall be referred for
decision  to  the  Tahsildar  having  revenue  jurisdiction  in  the  Trimbak
Municipal area, and the decision of the Tahsildar, subject to an appeal to the
Collector  of  the  District,  shall  be  final.

5.

(1) The Collector shall by order, from time to time, direct the routes
and the times by which the persons intending to enter or entering the Trimbak
Municipal area  shall pass, and  different routes may  be specified by  him for
persons walking, cycling, riding or coming by bullock carts or motor vehicles
or  other  vehicles.

Regulation of
routes and
arrangements
for collection
of tax.

(2) No  person  visiting  or  entering  the  Trimbak  Municipal  area  or  any
area  in  its  periphery  and  no  person  in-charge  of  a  vehicle  entering  any  of
such  areas,  shall  enter  such  area,  at  any  time  during  the  period  of  the
Sinhastha Fair, except by the routes specified by the Collector in that behalf
under  sub-section  (1).

(3) On the routes aforesaid, the Collector shall establish as many Nakas
as  may  be  deemed  necessary,  which  shall  be  manned  by Naka  Karkuns
appointed  by  him,  and  shall  by  order  direct  that  all  persons  coming  by  the
route  on  which  such Naka  is  established  shall  stop,  and  halt  their  vehicles
and animals, if any, to enable the Naka Karkuns to collect the pilgrim tax.

(4) The routes and Nakas shall be patrolled by such officers and servants
of  the  State  Government  as  may  be  authorised  by  the  Collector,  who  shall
not allow  any person to  enter the Trimbak  Municipal area or  its periphery,
except by any of the routes specified in that behalf.

(5) Every  order  made  by  the  Collector  under  this  section  shall  be
published  in  at  least  two  newspapers  having  circulation  in  the  Trimbak
Municipal  area  and  by  affixing  copies  thereof  in  conspicuous  places  near
Nakas  established  under  this  section.

6.

(1) The  State  Government  may  entrust  work  of  collection  of  the
pilgrim tax to the Maharashtra State Road Transport Corporation from the
passengers travellilng by its stage carriages to the Trimbak Municipal area,
subject  to  such  conditions,  as  may  be  agreed  upon,  between  the  State
Government  and  the  said  Corporation.

(2) When  the  work  of  collection  of  pilgrim  tax  is  entrusted  to  the  said
Corporation,  any  conductor  of  the  said  Corporation,  and  any  other  person
authorised by it in this behalf, shall have the power to collect the tax and to
issue the entry pass or ticket at any convenient stage of the journey.

(3) It shall be the duty of every passenger travelling by any stage carriage
of the said Corporation to the Trimbak Municipal area (unless he is exempted
under this Act) to pay the pilgrim tax to the conductor or the other authorised
person and to obtain the entry pass or ticket from him.

7. Whoever  intentionally contravenes  the  provisions  of sub-section  (4)
or (5) of section 3 or sub-section (2) or (3) of section 5 or obstructs any officer
or servant of the State Government or the Maharashtra State Road Transport
Corporation  in  the  exercise  of  his  powers  or  the  performance  of  his  duties
under this Act shall, on conviction, be punished with fine which may extend
to  one  hundred  rupees.

Entrustment
of recovery of
pilgrim tax to
Maharashtra
State  Road
Transport
Corporation.

Punishment
for offences.

4

 Maharashtra Sinhastha Fair Pilgrim Tax  Act, 1980

[1980 : Mah. II

Certain
persons
deemed to be
public
servants.

Proceeds to be
credited to
Consolidated
Fund of the
State.

Power to make
rules.

Repeal of
Mah. Ord. VI
of 1979 and
saving.

8. Any  person  appointed  or  authorised  under  this  Act  or  any  person
acting  or  purporting  to  act  in  pursuance  of  any  powers  conferred  or  duties
imposed on him under this Act shall be deemed to be a public servant within
the meaning of section 21 of the Indian Penal Code.

XLV of
1860.

9. The proceeds of  the pilgrim tax levied and collected  under this Act

shall  be  credited to  the  Consolidated  Fund of  the  State.

10.

(1) The  State  Government  may,  by  notification,  in  the Official
Gazette, make rules to carry out the purposes of this Act, and such rules may
include  rules  to  provide  that,  in  such  circumstances  and  subject  to  such
conditions as may be prescribed in the rules, a refund of the whole or part of
the  amount  of  pilgrim  tax  paid  may  be  granted  to  any  person  or  class  of
persons.

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

previous  publication,  except  on  the  first  occasion  of  making  such  rules.

(3) Every rule made under this seciton 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.

11.

(1) The Maharashtra Shinhastha Fair Pilgrim Tax Ordinance, 1979,

is  hereby  repealed.

(2) Notwithstanding  such  repeal,  anything  done  or  any  action  taken
(including  any  appointment,  entrustment  or  authorisation  made  or  any
notification  or  order  issued)  under  the  Ordinance  so  repealed  shall  be
deemed to have been done, taken, made or issued, as the case may be, under
the  corresponding  provisions  of  this  Act.

Mah.
Ord. VI
of 1979.

GOVERNMENT CENTRAL PRESS, MUMBAI

1980 : Mah. II]

Maharashtra Sinhastha Fair Pilgrim Tax  Act, 1980

3

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