GOVERNMENT OF MAHARASHTRA
LAW AND JUDICIARY DEPARTMENT

Maharashtra Act No. VI of 1981.

SHREE SIDDHI VINAYAK GANPATI TEMPLE
TRUST (PRABHADEVI) ACT, 1980.

(As modified upto the 1st June  2012)

*

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1981 : Mah. VI]

SHREE  SIDDHI  VINAYAK  GANPATI   TEMPLE  TRUST
(PRABHADEVI)  ACT, 1980.

—————
CONTENTS

PREAMBLE.
SECTIONS.

1.

Short title and commencement.

2. Definitions.

3. Reconstitution of Temple and transfer to and vesting of properties in that Trust.

4. Transfer of possession of properties to Temple Trust.

5. Constitution of Committee of Management of Temple Trust.

6. Allowances to members.

7. Term of office of members.

8. Disqualification for membership.

9.

Power to appoint new members.

10. Meettings of Committee and rules of procedure.

11. Act of Committee not invalid by reason of vacancy or defect.

12. Executive Officer and other officers of Committee.

13.

Powers and duties of officers of Committee.

14. Terms and conditions of service of Executive Officer and other officers and servants.

15. Allocation of servants of public trust to Temple Trust.

16. Duties and powers of Committee.

17. Trust Fund.

18. Utilization of Trust Fund.

19. Management Fund and its utilization.

20.

Suits and other proceedings by or against Trust or Committee.

21. Continuance of legal proceedings by or  against  public  trust  and  construction  of

reference to that trust.

22. Rules.

23. Members and officers of Committee to be public servants.

24.

Protection of action taken in good faith.

25. Act to override other laws, etc.

26. Removal of difficulties.

27. Repeal and saving.

H-1811-1.

[MAHARASHTRA    ACT   No.   VI    OF   1981]1

SHREE   SIDDHI   VINAYAK   GANPATI  TEMPLE  TRUST
(PRABHADEVI)   ACT,   1980.

[This  Act received the assent of the President on the 15th January 1981; assent was
first published in the Maharashtra Government Gazette, Part IV, on the
17th January 1981.]

Amended by Mah. 48 of 1983.

                            Amended by Mah. 7 of  2004 (3-11-2003)*†
                            Amended  by Mah. 21 of  2008 (9-5-2008)*.

An Act to reconstitute the trust popularly known as “Shree Siddhi Vinayak Ganpati
Temple Trust of Prabhadevi” and to provide for management by a Committee to
enable the Trust to undertake wider welfare activities for the public.

  Bom.
X X I X
of 1950.

WHEREAS, the administration of the public trust registered under the Bombay Public
Trusts Act, 1950, with the name “Shree Ganpati Temple at Prabhadevi Road, Dadar, Bombay’’
and popularly known as Shree Siddhi Vinayak Ganpati Temple Trust of Prabhadevi, was
vested in the Official Trustee for the State of Maharashtra by virtue of consent decree dated
the 16th June 1936 passed by the High Court of Judicature at Bombay in Suit No. 217 of 1932;

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

            dated  28th November  1980,  at  page  285.

* This  indicates  the  date  of  commencement  of  the Act.

†  Maharashtra  Ordinance  No.  XII  of  2003  was  repealed  by  Mah.  VII  of  2004,  s.  3.

2

Shree Siddhi Vinayak Ganpati Temple Trust
(Prabhadevi)  Act, 1980

[Mah. VI : 1981

 Bom.
XXIX
of
1950.

AND WHEREAS, by his judgment dated the 5th July 1980 given in suo motu scheme
framing proceeding No. 32 of 1977 under section 50A (i) of the Bombay Public Trusts
Act,  1950,  the  Joint  Charity  Commissioner  had  inter  alia  appointed  the  Maharashtra
Executor and Trustee Company Ltd., as the Custodian Trustee and vested the properties of
the trust in that trustee and had appointed a Board of Managing Trustees and had directed
the Custodian Trustee to take appropriate proceeding in the High Court for direction to the
Official Trustee, if he did not hand over the possession or transfer the properties to the
Custodian Trustee on being called upon to do so within a reasonable time;

AND WHEREAS, being aggrieved by this judgement of the Joint Charity Commissioner,
one  of  the  parties  had  obtained  a  stay  order  from  the  Charity  Commissioner  against
implementation of the Joint Charity Commissioner’s orders;

AND WHEREAS, the trust in question has large properties and is very popular among
the devotees, but on account of continuous litigation, the growing income of the trust could
not  be  fully  utilised  so  far;  and  it  was  necessary  that  further  time  and  expenditure  on
litigation should be avoided ;

AND WHEREAS, the Government of Maharashtra was satisfied that for this important
and popular trust there should be a separate law to reconstitute the trust and to provide for
management by a Committee directly under Governmnet supervision to enable the trust to
give more facilities for the devotees and to undertake wider welfare activities from its surplus
funds for the general public;

AND WHEREAS, both Houses of the  State Legislature were not in session ;
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 for the purposes
aforesaid and for that purpose promulgated Shree Siddhi Vinayak Ganpati Temple Trust
(Prabhadevi) Ordinance, 1980 on the 11th October 1980 ;

Mah.
Ord.X
of
1980.

AND WHEREAS, it is expedient to replace the said Ordinance by an Act of the State
It  is  hereby  enacted  in  the  Thirty-first Year  of  the  Republic  of  India  as

Legislature;
follows:—
1.
Act, 1980.

Short  title
and
commence-
ment.

(1) This Act may be called Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi)

(2) It shall be deemed to have come into force on the 11th day of October 1980.

Definitions.

2.

In this Act, unless the context otherwise requires,—

(a) “ appointed day ” means the day on which this Act, is deemed to have come into

force ;

(b) “  Committee  ”  means  the  Committee  for  management  of  the Temple  Trust  as

constituted under this Act;

(c) “ Executive  Officer ”  means the Executive Officer of the Committee;
(d) “  Management  Fund  ”  means  the  Management  Fund  of  the  Committee

constituted under this Act ;

(e) “ member ” means a member of the Committee, and includes the Chairman and the

treasurer of the Committee ;

(f) “  Official  Trustee  ”  means  the  Official  Trustee  for  the  State  of  Maharashtra

appointed under the Official Trustees Act, 1913 ;

  II  of
1913.

(g) “ prescribed ” means prescribed by rules made by the State Government under

this Act ;

(h) “regulations” means regulations made by the Committee under this Act;

1981 : Mah. VI]

Shree Siddhi Vinayak Ganpati Temple Trust
(Prabhadevi)  Act, 1980

3

(i) “Temple” means the Temple of Ganpati and other deities belonging to the Temple

Trust and popularly known as Shree Siddhi Vinayak Temple at Prabhadevi in Bombay;

(j) “Temple Trust” or  “Trust” means the Trust of the Temple as constituted under

this Act ;

Bom.
XXIX
of
1950.

(k) “Trust Fund” means the Fund of the Temple Trust constituted under this Act.

3. On the appointed day, in place of the public trust registered under the Bombay Public
Trusts Act, 1950, by the name of Shree Ganpati Temple at Prabhadevi Road, Dadar, Bombay
(hereinafter referred to as “the public trust’’),  a trust by the name of “Shree Siddhi Vinayak
Ganpati Temple Trust (Prabhadevi)”  shall be deemed to be reconstituted under this Act, and
all properties, whether movable or immovable (including all assets, rights, liabilities and
obligations)  of  the  public  trust,  which  was  being  held  and  administered  by  the  Official
Trustee immediately before that day, shall, by virtue of this Act, stand transferred to, and
vested in, the deity of Ganpati in the Temple for the purposes of the reconstituted trust to be
called the Temple Trust or the Trust, and, in place of the official trustee, the Executive Officer
shall on behalf of the Committee be entitled to their possession and management from that
day.

Reconstitu-
tion  of
Temple
Trust  and
transfer  to
and  vesting
of  propreties
in  that  Trust.

4.

(1) The Official Trustee and every other person in possession of any immovable
property of the public trust which has vested in the Temple Trust under section 3, shall hand
over possession thereof, along with movable property thereon, with a full inventory, to the
Executive Officer on behalf of the Committee forthwith.

Transfer  of
possession  of
properties  to
Temple
Trust.

(2) The Official Trustee and every other person in possession of any movable property
of the public trust (including deposits in banks or investments in shares or securities or
ornaments, jewellery or other valuable property) so vested shall, within sixty days or such
longer period from the appointed day as the Committee may allow, transfer or cause to be
transferred, such property, with a full inventory, to the Executive Officer on behalf of the
Committee.

(3) Where any property is handed over or transferred under this section, the Executive
Officer shall, after due verification with the inventory, pass a proper receipt to the transferer
and the Executive Officer shall be responsible for its safe custody thereafter.

(4) The Official Trustee and every other person who hands over or transfers any prop-
erty of the public trust to the Executive Officer and obtains his receipt therefor is hereby
indeminified, released and discharged from all accounts, suits or other legal proceedings,
claims and demands or liability in respect of that property.

5.

(1) For the purpose of management of the Temple Trust, on the appointed day, a
Committee  to  be  called  “Shree  Siddhi  Vinayak  Ganpati  Temple  Trust  Management
Committee” shall be deemed to be constituted.

(2) Subject to the 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.

(3) The  State  Government  shall,  by  notification  in  the  Official  Gazette,  appoint  a

Chairman, a treasurer and not more than seven other members to form the Committee :

Provided that the State Government may, by like notification, from time to time, increase
the number of other members, but the total number of the members shall not exceed eleven.

H-1811-2.

Constitution
of  Commit-
tee  of
Management
of  Temple
Trust.

4

Allowances
t o
members.

Term  of
office  of
members.

Shree Siddhi Vinayak Ganpati Temple Trust
(Prabhadevi)  Act, 1980

[Mah. VI : 1981

6.

(1) There  shall  be  paid  from  the  Management  Fund  to    each  member  such
honorarium, fees and allowances for  exercising his powers and performing his duties and
functions as the Chairman,  Treasurer, or other member, as the case may be, as  may be
determined by the State Government, from time to time.

(2) Notwithstanding anything contained in any other law for the time being in force, a
member  shall not be disqualified for being chosen as, or for being, a member of the State
Legislature or local  authority, merely by reason of the fact that he is a  member of  the
Committee or  that  he receives  any honorarium, fees or allowances under this section.

7.

(1) A member  shall  be appointed  for  a  period  of three years and shall be  eligible

for reappointment.

1 [ Provided that, the term of office of such outgoing members  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) A member may, by writing under his hand addressed  to  the State Government, resign

his membership :

Provided  that, such  resignation shall not take effect until it is accepted by the State

Government.

2 [ (3) If  a member, without obtaining leave from the Committee, does not attend three
consecutive meetings of the Committee, he shall  cease to be a member thereof, from  the time
the third such meeting is duly terminated.

Explanation.—  If  any  question  arises  as    to  whether  any  person  has  ceased  to  be  a
member under sub-section (3), the question shall be referred  by the Committee for decision
of the State Government or  any officer  authorised  by it in this behalf, and the decision given
by the State  Government or the  authorised officer, as  the case may be, after holding such
inquiries as deemed necessary, shall be final.]

Disqualifica-
tion  for
membership.

8.
if he—

(1) A person shall be disqualified for appointment as, or for being,  a  member,

  (a) is a  minor;

        (b) has  been  convicted    by    a  criminal    court  of  any  offence  involving    moral
turpitude ;

      (c) is of unsound mind, and is so declared by a  competent court;

 (d) is an undischarged insolvent ;

      (e) has directly or indirectly any  interest in a lease or any other transaction  relating

to  the immovable property of the Temple Trust;

 (f) is a  paid servant  of the  Committee or  has any share or interest in any contract for
the supply of goods to, or for execution of any work, or the performance of  any service,
undertaken by the Committee in respect of the Temple Trust;

(g) is guilty of misconduct or is otherwise unfit.

(2) If it appears to the State Government that a member has incurred any of the disquali-
fications aforesaid, the State Government may, after giving such member an opportunity of
showing  cause,  and  after  considering  any  such  cause  shown,  remove  such  person  from
membership, and the decision of the State Government shall be final.

1. This  Proviso  was  added  by  Mah.  21  of  2008,  s.2.
2. Sub-section  (3)  was  added  by  Mah.  48  of  1983,  s.2.

1981 : Mah. VI]

Shree Siddhi Vinayak Ganpati Temple Trust
(Prabhadevi)  Act, 1980

9.   The State Government may appoint a new member, when a  member —

  (a) resigns or dies;

5

Power  to
appoint  new
members.

(b) is for a  continuous period of  six months absent from India, without obtaining

leave from the Committee ;

  (c) leaves India for  the purpose of residing abroad ;

  (d) desires to be discharged;

(e) refuses  to  act  ;

        (f) is removed or his membership is  terminated by the State Government;

       1[(g) ceases or is disqualified to be or to continue  to be a  member  under any  of

            the provisions of this Act.]

10.

(1) For the transaction of its business, the Committee shall  meet at such intervals

as it may determine, from time  to time.

(2) The quorum for a meeting of the Committee shall be  three.

(3) Every meeting of the Committee shall be presided over by the Chairman and in

his absence by a  member elected for the purpose  by  the  members present.

(4) All  questions arising at a meeting of  the Committee shall be determined  by a
In the  case of an equality  of votes, the Chairman

majority of  votes  of  the members present.
or the person presiding, as  the case  may be, shall  have  and  exercise a  casting vote.

(5) The Executive  Officer  being  the Secretary of the Committee shall be respon-
sible  for  the    maintenance  of    the  minutes    of    the  proceedings  of  every  meeting  duly
countersigned  by the Chairman or other person presiding at  the meeting.

(6) Subject to the provisions of this section, the  Committee may make regulations,
with the approval  of the  State Government,  for  regulating  its procedure  and the conduct
of  its  business.

11. No act or  proceeding  of the Committee shall  be invalid  by reason only  of the
existance of any  vacancy amongst  its  members or  any defect in its  constitution or in
appointment  of  any member.

12.

(1) The State Government may appoint  a person, who is or has been a Gazetted
Officer of Government as Executive  Officer  of the  Committee  and he shall be ex-officio
Secretary of the  Committee.

(2) The Committee may appoint  such officers  (other than Executive  Officer) and
servants  as  it  thinks    necessary  for  the  efficient  management  of  the    Temple  Trust    and
performance  of its  duties  and functions  under this Act :

Provided that, no  officer  or servant, who  is paid or is to be paid  a salary of over
five hundred rupees per month, shall  be appointed by the  Committee, without the  previous
approval of  the State Government.

Meetings  of
C o m m i t t e e
and  rules of
procedure.

Act  of
Committee
not  invalid
by  reason  of
vacancy  or
defect.

Executive
Officer  and
other
officers  of
Committee.

13.

(1) The  Executive  Officer  shall    be  the  Chief   Administrative  Officer  of  the
Committee. He  shall, subject to the control of the  Committee, have  general  powers  to
carry out the decisions of the Committee  in accordance with the  provisions  of  this Act.

Powers  and
duties  of
officers  of
Committee.

1. Clause    (g)  was  added  by  Mah.  48  of  1983,  s.3.

6

Shree Siddhi Vinayak Ganpati Temple Trust
(Prabhadevi)  Act, 1980

[Mah. VI : 1981

(2) In  particular, but  without  prejudice  to the generality  of the foregoing  sub-section,
the Executive Officer  shall be responsible  for the  custody of all properties and records of
the  Trust  and shall  make proper  arrangements  for collection  and deposit of offerings  made
in the Temple and shall have  powers, subject to the  control  of  the  Committee,—

(a) to take disciplinary action against any other officer or servant of the Committee;

(b) to call for tenders for works or supplies and accept such tenders when the amount

or value thereof does not exceed two thousand rupees;

(c) to  dispose  of  perishable  offerings  by  auction  or  otherwise  and  credit  the  sale

proceeds to the Temple Fund;

(d) to undertake urgent repairs or measures required for safety or convenience of the

devotees;

(e) to do all other acts and things which he is empowered to do by the Committee or
under the regulations made by the Committee with the approval of the State Government.

(3) The other officers and servants 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  made  by  the  Committee  with  the  approval  of  the  State
Government.

Terms  and
conditions
of  service  of
Executive
Officer  and
other
officers  and
servants.

14.

(1) The Executive Officer of the Committee shall be appointed on such terms and

conditions of service as may be determined by the State Government, from time to time.

(2) Other officers and servants of the Committee shall be appointed on such terms and
conditions of service as may be determined by regulations made by the Committee, with the
approval of the State Government.

(3) The salary and allowances and other expenses of the Executive Officer and other

officers and servants of the Committee shall be paid out of the Management Fund.

Allocation
of  servants
of  public
trust  to
Temple
Trust.

15. Every person who immediately before the appointed day is serving in connection
with the affairs of the public trust shall be deemed to have been allocated and appointed for
service as from that day under the Committee in connection with the affairs of the Temple
Trust, on the same salary and other terms and conditions of service which were applicable to
him immediately before that day; and such conditions of service shall not be varied to his
disadvantage 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 termi-
nate the services of any such person in accordance with the provisions of this Act or the
regulations made by the Committee, with the approval of the State Government.

Duties  and
powers  of
Committee.

16.

(1) Subject to any general or special orders of State Government, it shall be the
duty of  the Committee to manage the properties and affairs of the Temple Trust effciently, to
make proper arrangements for the conduct and performance of rituals, worship, ceremonies
and  festivals  in  the  Temple  according  to  the  custom  and  usages,  to  provide  necessary
facilities and amenities to the devotees and to apply the income of the Trust to the objects
and purposes for which the trust is to be administered under this Act.

1981 : Mah. VI]

Shree Siddhi Vinayak Ganpati Temple Trust
(Prabhadevi)  Act, 1980

7

(2) In particular, but without prejudice to the generality of the foregoing sub-section, the

Committee shall,—

(a) prepare the annual budget estimating the income and expenditure of the Trust and

send a copy of it to the State Government;

(b) maintain  proper  accounts  and  records  of  the  properties  and  the  income  and

expenditure of the Trust;

(c) cause the accounts of the Trust to be audited annually by such person and by

such date in the next succeeding year as the State Government may direct;

(d) make regular payment of salaries, honorarium, fees and allowances and other
sums payable to the members, Executive Officer and other officers and servants of the
Committee from the Management Fund;

(e) take measures for the recovery of lost property or any sums due to the Trust;

(f) institute and defend any suits, prosecutions and other legal proceedings relating

to the Trust in a Court or before a Tribunal or other authority;

(g) inspect or cause an inspection to be made of the properties of the Trust, from time
to time, and to take prompt steps to remove any encroachments made on such properties;

(h) supply  such  returns,  statistics,  accounts  and  other  information  with  respect  to

the Trust as the State Government may, from time to time, require;

(i) generally do all such acts as may be necessary for the purposes of proper manage-

ment, maintenance and administration of the properties and affairs of the Trust.

(3) No immovable property vested in the Trust shall be leased for more than a year, or
mortgaged, sold or otherwise alienated, by the Committee, except with the previous sanction
of the State Government.

(4) No jewelleries, ornaments and other valuable movable property vested in the Trust,
the value of which is more than five thousand rupees, shall be sold, pledged or otherwise
alienated by the Committee, except with the previous sanction of the State Government.

(5) The Committee shall have no power to borrow money from any person, except with

the previous sanction of the State Government.

(6) Subject  to  the  provisions  of  this Act,  the  Committee  shall  have  all  the  powers

necessary for prerforming its duties and functions under this Act.

17.

(1) The Temple Trust shall have its own fund to be called “Shree Siddhi Vinayak

Trust  Fund.

Ganpati Temple Trust Fund” which shall vest in the deity of Ganapati.

(2) The following shall form part of, or be paid into, the Trust Fund :—

(a) all funds vested in the deity by virtue of the provisions of section 3;

(b) all sums received by way of offerings, gifts or donations to the deity or by way of

puja charges or by way of sale proceeds by auction of such things received in kind;

(c) the income derived from the movable and immovable properties of the Trust and

the proceeds of sale, lease or other transfer or mortgage of any such properties;

(d) any contributions or grants made to the Trust by Government or by any local

authority, trust or other institution;

(e) any sums due to the Trust and recovered by the Committee;

(f) any sums borrowed by the Committee;

H-1811-3.

8

Shree Siddhi Vinayak Ganpati Temple Trust
(Prabhadevi)  Act, 1980

[Mah. VI : 1981

(g) all other sums received or collected by the Committee or any member for or on

behalf of the Trust.

(3) All monies and other valuable articles belonging to the Trust Fund shall be kept in
such custody or deposited in such bank or be invested in such securities in accordance
with such guidelines as may be issued by the State Government, from time to time.

(4) The Trust Fund shall be operated by a member or an officer authorised by the

Committee in such manner and subject to such conditions as may be prescribed.

18.

(1) The  Trust  Fund  shall  be  utilised  by  the  Committee  for  all  or  any  of  the

following purposes :—

(i) the maintenance, management and administration of the Temple and the

properties of the Trust;

(ii) the conduct and performance of the rituals, worship, ceremonies and

festivals in the Temple according to the custom and usages;

(iii) providing facilities and amenities to the devotees for  darshan of the
deity and for offering prayers or performing any religious service or ceremony in the
Temple;

(iv) repayment of any sums borrowed by the Committee, with the sanction

of the State Government;

(v) any  sums  required  to  satisfy  any  judgement,  decree  or  award  of  any

Court or arbitral tribunal;

(vi) the payment of any taxes, rent, compensation, premia, charges and other

sums payable by the Trust under any law for the time being in force.

1[(2) After making adequate provisions for the purposes referred to in sub-section
(1)  and  after  making  similar  provision  for  the  objects,  needs,  requirements  and
improvements of the Trust in the near future, if there is a surplus in the Trust Fund, a portion
of the surplus may be utilised by the Committee, from time to time, for all or any of the
following purposes, namely :—

(i) development  of  the  properties  of  the  Trust  and  acquisition  of  movable  or

immovable properties for the purposes of the Trust;

(ii) construction and maintenance of rest houses for the accommodation and use of

the devotees ;

(iii) with  the  pervious  sanction  of  the  State  Government,  the  establishment  and
maintenance of any educational institutions, hospitals, dispensaries, homes for destitute
persons or persons physically disabled or other charitable or religious institutions, or
giving financial aid to such institutions or persons :
Provided that before applying to the State Government for previous sanction for giving
financial aid to any individual institution or persons the Committee shall satisfy itself that the
surplus funds are or being adequately spent first for other purposes specified in clauses (i),
(ii) and (iii) of this sub-section, and then in the application give details of such expenditure
and the different grants proposed to be given to different institutions and persons and the
reasons why such institutions and persons have been selected:]

2[Provided  further  that,  if  the  Committee  is  satisfied  that  the  patient  requires  urgent
financial aid to meet the medical expenses of emergent nature, it may sanction financial aid of
an  amount  upto  rupees  twenty-five  thousand  without  previous  sanction  of  the  State
Government;  and  such  amount  shall  be  paid  directly,  by  cheque,  in  the  name  of  the
concerned hospital. The Executive Officer shall within three days from such payment,
prepare a detailed report and forward the same alongwith a copy of the necessary medical
certificate  and  a  copy  of  the  resolution  of  the  Committee  to  the  State  Government  for
information.]

19.

(1) There shall be constituted a separate fund to be called the Management Fund,

which shall vest in, and be, under the control of the Committee.

1. Sub-section  (2) was  substitued  for  the  original  by  Mah.  48  of  1983,  s.  4.
2. This  proviso  was  added  by  Mah.  7  of    2004,  s.  2.

Utilisation
of  Trust
Fund.

Management
Fund  and  its
utilization.

1981 : Mah. VI]

Shree Siddhi Vinayak Ganpati Temple Trust
(Prabhadevi)  Act, 1980

9

(2) Having regard to the balance, if any, available in the Management Fund, there shall
be placed to the credit of this Fund every year such sum, not exceeding ten per cent. of the
approximate  gross annual income of the Trust in the last preceding year, as may be fixed by
the Committee, with the approval of the State Government. The State Government may, at
any time, if found  necessary, direct any additional sum to be credited to this Fund from the
Trust Fund in any year.

(3) The Management Fund shall, subject to any general or special order of the State

Government, be applied to—

(a) the payment of honorarium, fees and allowances to the Chairman, Treasurer and

other members of the Committee;

(b) the  payment  of  salaries,  allowances  and  other  sums  payable  to  the  Executive

Officer, other officers and servants of the Committee;

(c) the payment of any expenses lawfully incurred by the Committee or any member or
officer or servant in the exercise of their powers and performance of their duties and
functions under this Act.

20.

In  all  suits  and  other  legal  proceedings  by  or  against  the  Temple  Trust  or  the
Committee, the pleadings shall be signed and verified by the Executive Officer and all pro-
cesses in such suits and proceedings shall be issued to, or served on, the Executive Officer.

21.

(1) Where immediately  before the appointed day, the public trust by the name of
“Shree Ganpati Temple at Prabhadevi Road, Dadar, Bombay” or any trustee thereof is a party
to any legal proceedings with respect to any property, rights, liabilities or obligations vested
in  the  reconstituted  trust  by  the  name  of    “Shree  Siddhi  Vinayak  Ganpati Temple Trust
(Prabhadevi)” by virtue of the provisions of this Act, the reconstituted trust or its Commit-
tee, shall be deemed to be substituted for the public trust or its trustee, as a party to those
proceedings, or added to as a party thereto, as the case may be, and the proceedings may
continue accordingly.

Suits and
other
proceedings
by  or
against
Trust  or
Committee.

Continuance
of  legal
proceedings
by
or against
public  trust
and
construction
of references
to  that
trust.

(2) Any reference to the public trust or its trustee in any law for the time being in force or
in any rule, regulation, notification or order issued thereunder, or in any instrument or other
document shall be, on and after the appointed day, unless the context otherwise requires, be
construed as a reference to the reconstituted trust or its Committee, as the case may be.

22.

(1) The  power  to  make  rules  under  this Act,  shall  be  exercisable  by  the  State

 Rules.

Government by notification in the Official Gazette.

(2) Without prejudice to any power to make rules contained elsewhere in this Act, the

State Government may make rules for carrying out the purposes of this Act.

(3) All rules made under this Act shall be subject to the condition of previous publication:

Provided that, if the State Government is satisfied that circumstances exist which render
it necessary to take immediate action, it may dispense with the previous publication of any
rule to be made under this Act.

10

Shree Siddhi Vinayak Ganpati Temple Trust
(Prabhadevi)  Act, 1980

[Mah. VI : 1981

(4) Every rule made under this Act 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 publi-
cation 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 preju-
dice to the validity of anything previously done or omitted to be done under that rule.

23. The members of the Committee and all officers and servants thereof shall be deemed

to be public servants within the meaning of section 21 of the Indian Penal Code.

XLV
of
1860.

Members
and  officers
of
Committee
to  be  public
servants.

Protection
of  action
taken  in
good  faith.

24. No suit, prosecution or other legal proceeding shall lie against the State Govern-
ment, the Official Trustee, the Committee or any member, officer or servant of the Committee,
for anything which is in good faith done or intended to be done under this Act or the rules
and regulations made thereunder.

Act  to
override
other  laws,
etc.

25. The provisions of this Act shall have effect, notwithstanding anything contained in
the Bombay Public Trusts Act, 1950, the Official Trustees Act, 1913 or any other law for the
time being in force, or in any Scheme of management framed thereunder, or in any judgement,
decree or order of any Court, Tribunal, Charity Commissioner or other competent authority
or in any custom or usage.

Bom.
XXIX
of
1950.
II  of
1913.

Removal  of
difficulties.

26.

If any difficulty arises in giving effect to any of the provisions of this Act, the State
Government    may,  as  occasion  arises,  by  order,  do  anything  which  appears  to  it  to  be
necessary for the purpose of removing the difficulty :

Provided that no such order shall be made after the expiry of a period of two years from the

appointed day.

Repeal  and
saving.

27.

(1) Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Ordinance, 1980 is

hereby repealed.

Mah.
Ord.
X  of
1980.

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

GOVERNMENT PRESS, NAGPUR.

Maharashtra Government Publications can
be obtained from—

                   ♦ THE DIRECTOR

GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS
(Publications Branch), Netaji Subhash Road,
MUMBAI 400 004.
Phone : 2363 26 93,
2363 11 48, 2363 40 49

2363 06 95

                   ♦ THE MANAGER

GOVERNMENT PHOTOZINCO PRESS AND BOOK DEPOT
Photozinco Press Compound, Near G. P. O.
PUNE 411 001.
Phone : 2612 47 59,

2612 58 08,

2612 89 20

♦ THE MANAGER

GOVERNMENT PRESS AND BOOK DEPOT
Civil Lines,
NAGPUR 440 001.
Phone : 256 26 15.

♦ THE ASSTT. DIRECTOR

GOVERNMENT STATIONERY, STORE AND BOOK DEPOT
Shaha Ganj, Near Gandhi Chowk,
AURANGABAD 431 001.
Phone : 233 14 68

♦ THE MANAGER

GOVERNMENT PRESS AND STATIONERY, STORE
Tarabai Park,
KOLHAPUR 416 003,
Phone : 265 03 95,

265 04 02

AND THE RECOGNISED BOOK SELLERS.

