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1

RNI No. MAHENG/2009/35528

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In pursuance of clause (3) of article 348 of the Constitution of India, the following translation
in English of the Shree Sai Baba Sansthan Trust (Shirdi) (Amendment) Act, 2017 (Mah. Act No.
XLVIII of 2017), is hereby published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

N. J. JAMADAR,
Principal  Secretary  and  Remembrancer
of  Legal  Affairs  to  Government,
Law  and  Judiciary  Department.

----------------------------------

MAHARASHTRA ACT NO. XLVIII OF 2017

(First published, after having received the assent of the Governor in the
“ Maharashtra Government Gazette ”, on the 19th August 2017).

An Act further to amend the Shree Sai Baba Sansthan Trust (Shirdi)
Act, 2004.

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  further  to  amend  the  Shree  Sai  Baba  Sansthan  Trust  (Shirdi)  Act,
2004,  for  the  purposes  hereinafter  appearing ;  and,  therefore,  promulgated
the Shree Sai Baba Sansthan Trust (Shirdi) (Amendment) Ordinance, 2017,
on the 13th July 2017 ;

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

1.

(1)  This  Act  may  be  called  the  Shree  Sai  Baba  Sansthan  Trust

Mah.
XIV  of
2004.
Mah.
Ord. XII
of  2017.

(Shirdi)(Amendment)  Act,  2017.

¦ÉÉMÉ  +É`ö  128--1

Short  title  and
commencement.

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¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMÉº]õ 19, 2017/¸ÉÉ´ÉhÉ 28, ¶ÉEäò 1939

(2) It shall be deemed to have come into force on the 13th July 2017.

Amendment
of  section  2
of Mah.  XIV
of  2004.

2.

In section 2 of the Shree Sai Baba Sansthan Trust (Shirdi) Act, 2004
(hereinafter referred to as “the principal Act”), after clause (c), the following
clause  shall  be  inserted,  namely :—

Mah.
XIV  of
2004.

“ (c-1) “ Chief Executive Officer ” means the Chief Executive Officer

Amendment
of  section  11
of Mah.  XIV
of  2004.

Amendment
of  section  13
of Mah.  XIV
of  2004.

of  the  Committee;”.

3.

In section  11 of  the principal  Act,—

(a) to  sub-section  (2),  the  following  proviso  shall  be  added,

namely :—

“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,  and  may  be  disposed  of  in  such
adjourned  meeting,  whether  there  be  a  quorum  present  or  not. ” ;

(b) in  sub-section  (5),  for  the  words  “ the  Executive  Officer ”  the

words  “ the  Chief  Executive  Officer ”  shall  be  substituted.

4.

In section  13 of the  principal Act,—

(a) in  sub-section  (1),—

(i) for  the  words  “ the  Executive  Officer ”  the  words  “ the

Chief  Executive  Officer ”  shall  be  substituted ;

(ii) in  the  proviso,  for  the  words  “ the  Executive  Officer ”,
where  they  occur,  the  words  “ the  Chief  Executive  Officer ”  shall
be  substituted ;

(b) for  sub-section  (2),  the  following  sub-section  shall  be

substituted,  namely :—

“ (2)  The  Chief  Executive  Officer  shall  be  selected  from
amongst  the  officers  from  the  cadre  of  Indian  Administrative
Services :

Provided  that,  such  officer  shall  be  a  devotee  of  Shree  Sai
Baba  and  shall  make  such  declaration  in  the  prescribed  form  :

Provided  further  that,  the  officer  belonging  to  the  Indian
Administrative  Services  appointed  as  the  Executive  Officer  prior
to  the  date  of  commencement  of  the  Shree  Sai  Baba  Sansthan
Trust  (Shirdi)  (Amendment)  Act,  2017,  and  working  on  that  date
shall  be  deemed  to  have  been  appointed  as  the  Chief  Executive
Officer  under  this  section.”;

Mah.
XLVIII
of  2017.

(c) in  sub-section  (3),  for  the  words  “ the  Executive  Officer ”,  at
both  the  places  where  they  occur,  the  words  “ the  Chief  Executive
Officer ”  shall  be  substituted ;

(d) in  sub-section  (4),  for  the  words  “ the  Executive  Officer ”  the

words  “ the  Chief  Executive  Officer ”  shall  be  substituted ;

(e) in  the  marginal  note,  for  the  words  “ Executive  Officer ”  the

words  “ Chief  Executive  Officer”  shall  be  substituted.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMÉº]õ 19, 2017/¸ÉÉ´ÉhÉ 28, ¶ÉEäò 1939

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5.

In section 14 of the principal Act,—

(a) in  sub-section  (1),  for  the  words  “ The  Executive  Officer ”  the

words  “ The  Chief  Executive  Officer ”  shall  be  substituted ;

Amendment  of
section  14  of
Mah. XIV  of
2004.

(b) in  sub-section  (2),—

(i) for  the  words  “ the  Executive  Officer ”  the  words  “ the

Chief  Executive  Officer ”  shall  be  substituted ;

(ii) for  clause  (a),  the  following  clause  shall  be  substituted,

namely :—

“  (a)  (i)  to  transfer  any  officer  or  employee  as  and  when

needed ;

(ii) to  take  disciplinary  action  against  any  officer  or

employee  of  the Committee ;

(iii) to  propose  the  suspension  of  any  officer  or  employee

of  the  Committee  to  the  Committee ;” ;

(iii) in clause (b), for the words “ twenty-five thousand rupees ”

the  words  “ five  lakh  rupees ”  shall  be  substituted ;

(c) in  sub-section  (3),  for  the  words  “ the  Executive  Officer ”  the

words  “ the  Chief  Executive  Officer ”  shall  be  substituted ;

(d) after  sub-section  (3),  the  following  sub-section  shall  be  added,

namely :—

“ (4)  The  Chief  Executive  Officer  may,  in  case  of  emergency,
direct  execution  of  any  work  or  the  doing  of  any  act,  involving
expenditure  not  exceeding  rupees  five  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  Trust  or  for  the  services  or  safety  of  the
pilgrims  resorting  to  the  Sansthan  and  may  also  direct  that  such
expenses  not  exceeding  five  lakh  rupees  for  executing  such  work
or  doing  of  such  act,  shall  be  paid  from  the  Trust  Fund.

The  Chief  Executive  Officer  shall  forthwith  report  to  the
Committee,  the  action  taken  under  this  section  for  approval
alongwith  the  reasons  therefor.”.

6. After  section  14  of  the  principal  Act,  the  following  section  shall  be

inserted,  namely :—

“ 14A. For  the  purpose  of  execution  of  proposals  included  in
the  development  plan  of  Shree  Sai  Baba  Mahasamadhi  Centenary
Celebration,  duly  approved  by  the  Action  Plan  Committee  constituted
under  the  Government  Resolution,  Law  and  Judiciary  Department,
No. SSV. 2013/C.R. No. 1/D-16, dated the  22nd October 2013,—

(a) the  Chief  Executive  Officer  shall  have  power  to  sanction

the  expenditure  upto  twenty-five  lakh  rupees ;

(b) the  Committee  shall  have  power  to  sanction  the

expenditure  upto  one  crore  rupees  ;  and

(c) the proposals involving expenditure of more than one crore

rupees  shall  be  sanctioned  by  the  State  Government.”.

¦ÉÉMÉ  +É`ö  128--2

Insertion  of
section  14A
in Mah. XIV
of  2004.

Powers for
execution of
development
plan  of  Shree
Sai  Baba
Mahasamadhi
Centenary
Celebration.

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¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMÉº]õ 19, 2017/¸ÉÉ´ÉhÉ 28, ¶ÉEäò 1939

Amendment
of  section  15
of Mah.  XIV
of  2004.

Amendment
of  section  17
of Mah.  XIV
of  2004.

Amendment
of  section  18
of Mah.  XIV
of  2004.

7.

In section  15 of the  principal Act,—

(a) in  sub-section  (1),  for  the  words  “ The  Executive  Officer ”  the

words  “ The  Chief  Executive  Officer ”  shall  be  substituted ;

(b) in  sub-section  (3),  for  the  words  “ the  Executive  Officer ”  the

words  “ the  Chief  Executive  Officer ”  shall  be  substituted ;

(c) in  the  marginal  note,  for  the  words  “ Executive  Officer ”  the

words  “ Chief  Executive  Officer ”  shall  be  substituted.

8.

In section 17 of the principal Act, in sub-section (2), in clause (d), for
the  words  “Executive  Officer”  the  words  “the  Chief  Executive  Officer”  shall
be  substituted.

9.

In section  18 of the  principal Act,—

(a) in sub-section (1), after clause (viii), the following clauses shall

be  inserted,  namely :—

“(viii-a) one  officer  nominated  by  the  State  Government  from
the  Indian  Revenue  Services  or  the  Indian  Audit  and  Accounts
Services ;

(viii-b) one  officer  or  representative  nominated  by  the  State

Government  from  the  Information  Technology  Department ;

(viii-c) one Joint Secretary or Deputy Secretary from the Law
and Judiciary Department who shall be nominated by the Principal
Secretary  and  Remembrancer  of  Legal  Affairs ;

(viii-d)  one  Architect  or  person  holding  equivalent
qualifications  in  State  Services,  nominated  by  the  State
Government ;

(viii-e) two  devotees  of  Shree  Sai  Baba  nominated  by  the

Committee  ;

(viii-f) the  Joint  Director,  Town  Planning,  Nashik ;”;

(b) in  sub-section  (3),  for  the  words  “ The  Executive  Officer ”  the

words  “ The  Chief  Executive  Officer ”  shall  be  substituted.

Amendment
of  section  23
of Mah.  XIV
of  2004.

10.

In  section  23  of  the  principal  Act,  for  the  words  “ the  Executive
Officer ”, at both the places where they occur, the words “ the Chief Executive
Officer ”  shall  be  substituted.

Amendment
of  section  27
of Mah.  XIV
of  2004.

Amendment
of  section  28
of Mah.  XIV
of  2004.

11.

In section 27 of the principal Act, for the words “ Deputy Secretary ”

the  words  “ Joint  Secretary ”  shall  be  substituted.

12.

In  section  28 of  the  principal  Act,—

(a) in  sub-section  (1),  for  the  words  “the  Executive  Officer”  the

words  “the  Chief  Executive  Officer”  shall  be  substituted ;

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMÉº]õ 19, 2017/¸ÉÉ´ÉhÉ 28, ¶ÉEäò 1939

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(b) to  sub-section  (1),  the  following  proviso  shall  be  added,

namely :—

“Provided  that,  the  Chief  Executive  Officer  may  send  such  of
the  resolutions  of  the  Committee  to  the  Government  which  he
thinks  it  necessary  to  be  brought  to  the  notice  of  the
Government.” ;

(c) in  sub-section  (2),  for  the  words  “decision  or  order  of  the
Executive  Officer”,  at  both  the  places  where  they  occur,  the  words
“ decision,  resolution  or  order  of  the  Chief  Executive  Officer ”  shall  be
substituted.

13.

In section 29 of the principal Act, in sub-section (1), for the words,
figures and  letters “the  30th June” the  words, figures  and letters  “ the 30th
September ”  shall  be  substituted.

Amendment
of  section  29
of Mah.  XIV
of  2004.

14.

In  section  30 of  the  principal  Act,—

(a) in  sub-section  (1),  for  the  words  “ the  Executive  Officer ”  the

words  “ the  Chief  Executive  Officer ”  shall  be  substituted ;

(b) in  sub-section  (4),  for  the  words  “ the  Executive  Officer ”  the

words  “ the  Chief  Executive  Officer ”  shall  be  substituted.

Amendment
of  section  30
of Mah.  XIV
of  2004.

15.

In section 34 of the principal Act, in sub-section (3), for the words
“ below  the  rank  of  Collector ”  the  words  “below  the  rank  of  Divisional
Commissioner”  shall  be  substituted.

Amendment
of  section  34
of Mah.  XIV
of  2004.

Mah.
Ord. XII
of  2017.

16.

(1)  The  Shree  Sai  Baba  Sansthan  Trust  (Shirdi)  (Amendment)

Ordinance,  2017,  is  hereby  repealed.

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

Repeal  of
Mah. Ord. XII
of  2017  and
saving.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED AT

GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING,

STATIONERY  AND  PUBLICATION,  21-A,  NETAJI  SUBHASH ROAD,  CHARNI  ROAD,  MUMBAI  400  004,  EDITOR  :  SHRI  PARSHURAM  JAGANNATH  GOSAVI.

