GOVERNMENT OF MAHARASHTRA
LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA  ACT  No.  XIV OF  2004.

THE SHREE SAI BABA SANSTHAN TRUST
(SHIRDI) ACT, 2004.

(  As  modified  upto  the  22nd  April  2013  )

*

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2004 : Mah. XIV]

(i)

THE  SHREE  SAI  BABA  SANSTHAN  TRUST
(SHIRDI)  ACT,  2004
————
CONTENTS

PREAMBLE.
SECTIONS.
1.
2. Definitions.
3. Reconstitution  of  Sansthan  Trust  and  transfer  to  and  vesting  of  properties

Short  title  and  commencement.

in  that  Trust.

4. Transfer  of  possession  of  properties  to  Sansthan  Trust.
5. Constitution  of  Committee  of  management  of  Sansthan  Trust.
6. Allowances  to  member.
7. Term  of  office  of  member.
8. Conditions  for  being  member.
9. Disqualification  for  memberhisp.
Power  to  appoint  new  member.
10.
11. Meeting  of  Committee  and  rules  of  procedure.
12. Act  of  Committee  not  invalid  by  reason  of  vacancy  or  defect.
13. Executive  Officer  and  other  officers  of  Committee.
Powers  and  duties  of  officers  of  Committee.
14.
15. Terms  and  conditions  of  service  of  Executive  Officer  and  other  officers  and

employees.

16. Allocation  of  employees  of  public  trust  to  Sansthan  Trust.
17. Duties  and  powers  of  Committee.
18. Advisory  Council.
19. Bhakta  Mandal.
20. Trust  Fund.
21. Utilization  of  Trust  Fund.
22. Management  Fund  and  its  utilization.
23.
24. Continuance  of  legal  proceedings  by  or  against  erstwhile  public  trust  and

Suits  and  other  proceedings  by  or  against  Trust  or  Committee.

construction  of  references  to  that  Trust.

Power  of  State  Government  to  give  directions,  call  for  report,  documents,  etc.
Inspection  by  Government.
Power  of  State  Government  to  call  for  record,  etc.

25. Rules.
26.
27.
28.
29. Annual  Report  of  Committee.
30.

Power  of  State  Government  to  suspend  or  rescind  any  resolution  or  order,

etc.,  of  Committee  in  certain  cases.

31. Members  of  Committee  and  officers  and  employees  of  Trust  to  be  public

servants.

Protection  of  action  taken  in  good  faith.

32.
33. Act  to  override  other  laws,  etc.
34. Dissolution  and  supersession  of  Committee.
35. Removal  of  difficulties.

MAHARASHTRA    ACT  No.  XIV    of    20041

[THE  SHREE  SAI  BABA  SANSTHAN TRUST  (SHIRDI) ACT,  2004.]

(This Act  received  the  assent  of  the  Governor  on  the  14th August  2004 ;  assent
was  first  published  in  the Maharashtra  Government  Gazette,
Part  IV,  on  the  17th  August,  2004.)

Amended  by  Mah.  4  of  2005  (23-8-2004)*

,,

,,

,, 30  of  2011  (4-6-2011)**

An  Act  to  re-constitute  a  public  trust  of  Shri  Shirdi  Sai  Baba  Sansthan
registered  under  the  Bombay  Public  Trusts  Act,  1950  under  the  name  "Shirdi
Sansthan  of  Shri  Sai  Baba"  at  Shridi,  District  Ahmednagar,  and  to  provide  for
better  management,  administration,  governance  and  control  of  the  Trust  to  enable
it  to  undertake  wider  welfare  activities  for  the  public.

Bom.
XXIX
o f
1950.

WHEREAS  the  administration  of  the  public  trust  of  Shri  Shirdi  Sai  Baba  Sansthan
registered  under  the †Bombay  Public  Trusts  Act,  1950,  under  the  name  "Shirdi
Sansthan  of  Shri  Sai  Baba"  at  Shirdi,  District  Ahmednagar,  popularly  known  as
"Shree  Shirdi  Sai  Baba  Sansthan  Trust  of  Shirdi",  vests  in  the  Board  of  Management,
under  a  scheme  framed  by  the  City  Civil  Court,  Bombay,  in  Charity  Suit  No.  3457
of  1960  under  its  order  dated  the  18th  October  1982,  confirmed  by  the  High  Court
of  Judicature  at  Bombay  in  First  Appeal  No.  320  of  1983,  decided  on  the  23rd
July 1984 ;

AND  WHEREAS  on  expiration  of  the  term  of  five  years  of  the  previous  Board
of  Management  of  Shirdi  Sansthan  of  Shri  Sai  Baba  Trust,  the  Charity  Commissioner
has,  under  his  order  dated  the  31st  August  1999,  re-constituted  the  Board  of
Management  of  the  said  Trust ;

AND  WHEREAS  being  aggrieved  by  the  said  order  dated  the  31st  August  1999
of  the  Charity  Commissioner  in  the  matter  of  appointment  of  Trustees,  two  Writ
Petitions  No.  2866  and  2867  of  1999  were  filed  in  the  High  Court  of  Judicature  at
Bombay,  and  the  appointment  of  one  of  the    Trustees  has  been  quashed  and  set
aside  by  the  Hon’ble  High  Court ;

AND  WHEREAS  the  said  Trust  has  large  properties  and  is  very  popular  and  is

highly  revered  and  has  very  large  number  of  devotees  all  over  India ;

1 For  Statement  of  Objects  and  Reasons, see Maharashtra  Government  Gazette,  dated  the  27th
pages  85-86.

May  2004,  Extraordinary, Part  V-A,

* Mah.  Ord.  XXVII  of  2004  was  repealed  by  Mah.  IV  of  2005,  s.  10.
** Mah.  Ord.  XIV  of  2011  was  repealed  by  Mah.  XXX  of  2011,  s.  3.

† This  short  title  has  been amended  as  ''the  Maharashtra  Public  Trusts  Act"  by Mah.  24  of  2012,  s. 2,

Sch.  entry  43,  w.  e.  f.  1-5-1960.

2

Shree  Sai Baba Sansthan Trust (Shirdi) Act, 2004

[ 2004 : Mah. XIV

AND  WHEREAS  the  Government  of  Maharashtra  considers  it  expendient  that
the  development  and  management  of  this  important  and  popular  Trust  should  not
be  hampered  or  in  way  suffer  by  avoidable  litigation,  and  that  there  should  be  a
separate  law  to  re-constitute  the  said  Trust  and  to  provide  for  the  efficient
management  of  the  same  by  a  Committee  directly  under  the  supervision  and  control
of  the  State  Government  to  enable  the  Trust  to  carry  out  its  charitable  activities
more  effectively  and  efficiently  and  to  be  able  to  give  more  facilities  for  its  devotees
and  to  undertake  wider  welfare  activities  from  its  surplus  funds  for  the  general
public ;  it  is  hereby  enacted  in  the  Fifty-fifth Year  of  the  Republic  of  India  as
follows  :—

Short  title
and
commence-
ment.

1. (1) This Act  may  be  called  the  Shree  Sai  Baba  Sansthan Trust  (Shridi) Act, 2004.

(2) It  shall  come  into  force  on  such  *date  as  the  State  Government  may,  by

notification  in  the Official  Gazette, appoint.

Definitions.

2.

In  this Act,  unless  the  context  otherwise  requires,—

(a) "Advisory  Council''  means    the  Shree  Sai  Baba  Sansthan Advisory  Council

constituted  under  section  18 ;

(b) "appointed  day"  means  the  day  appointed  by  the  State  Government  under

sub-section  (2)  of  section  1 ;

(c) "Bhakta  Mandal"  means  the  Shree  Sai  Baba Bhakta  Mandal referred  and

recognised  under  section  19  ;

(d) "Committee"  means  the  Shree  Sai  Baba  Sansthan  Management  Committee

constituted  under  section  5 ;

(e) "Executive  Officer"  means  the  Executive  Officer  of  the  Committee ;

(f) "Management  Fund"  means  the  Management  Fund  constituted  under

section 22 ;

(g) "member"  means  a  member  of  the  Committee  and  includes  the  Chairman

and Vice-Chairman  of  the  Commitee ;

(h) "prescribed"  means  prescribed  by  rules  made  by  the  State  Government

under  this Act ;

(i) "regulations"  means  regulations  made  by  the  Committee  under  this Act ;

(j) "Sansthan"  means  Shree  Shirdi  Sai  Baba  Sansthan  belonging  to  the  Shirdi
Sai  Baba  Temple  Trust  and  popularly  known  as  the  Shree  Shirdi  Sai  Baba
Sansthan  Trust  of  Shirdi ;

(k) "Sansthan  Trust"  or  "Trust"  means  the  Shri  Sai  Baba  Sansthan  Trust

(Shirdi)  constituted  under  section  3 ;

* 23rd  August  2004, vide G.  N.,  Law  and  Judiciary  Department,  No.  CHC.  1100  /  1883 / (269),  XVII,

dated  the  23rd  August  2004.

Reconstitu-
tion  of
Sansthan
Trust  and
transfer  to
and  vesting
of  properties
in  that
Trust.

Transfer  of
possession  of
properties  to
Sansthan
Trust.

Bom.
XXIX
o f
1950.

Bom.
XXIX
o f
1950.

2004 : Mah. XIV]

Shree Sai Baba Sansthan Trust (Shirdi) Act, 2004

3

1[(k1) "Scrutiny  Committee",  means  the  Scrutiny  Committee  constituted  under

the  proviso  to  sub-section  (2)  of  section 21;]

(l) "Trust  Fund"  means  the  fund  of  the  Sansthan  Trust  constituted  under

section  20 ;

(m) words  or  expressions  used  in  this Act,  but  not  defined,  shall  have  the
meanings,  respectively  assigned  to  them  in  the  *Bombay  Public  Trusts  Act,  1950.

3.

(1) On  the  appointed  day,  in  place  of  the  public  trust  registered  under  the
*Bombay  Public  Trusts  Act,  1950,  by  the  name  of  "Shirdi  Sansthan  of  Shri  Sai  Baba"
at  Shirdi,  District  Ahmednagar  (hereinafter  referred  to  as  "the  erstwhile  trust"),  a  trust
by  the  name  of  "the  Shree  Sai  Baba  Sansthan  Trust  (Shridi)",  shall  be  deemed  to
be  re-constituted  under  this  Act.

(2) On  the  appointed  day,  all  the  properties,  whether  movable  or  immovable
(including  all  assets,  rights,  liabilities  and  obligations)  of  the  erstwhile  trust  shall,
by  virtue  of  this  Act,  stand  transferred  to  and  vested  in,  the  Sansthan  Trust  and
the  Executive  Officer  shall,  on  behalf  of  the  Committee,  be  entitled  to  their
possession  and  management  from  that  day.

4.

(1) The  Board  of  Management  of  the  erstwhile  trust  and  every  other  person
in  possession  of  any  immovable  property  of  the  erstwhile  trust,  which  has  vested
under  section  3  in  the  Sansthan  Trust,  shall  hand  over  possession  thereof,  alongwith
movable  property  thereon  with  a  full  inventory,  to  the  Executive  Officer  on  behalf
of  the  Committee  forthwith  but  in  any  case  not  later  than  one  month  or  such  longer
period  as  may  be  allowed  by  the  Committee,  in  writing.

(2) The  Board  of  Management  of  the  erstwhile  trust  and  every  other  person  in
possession  of  the  movable  property  of  the  erstwhile  trust  which  is  in  the  form  of
deposits  in  banks  or  investment  in  shares  shall,  within  thirty  days  or  such  longer
period  not  exceeding  sixty  days  in  the  aggregate  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) The  Executive  Officer  shall  prepare  a  list  of  the  entire  movable  and  immovable
property  vested  under  section  3  in  the  Sansthan  Trust  showing  detailed  description
and  approximate  value  of  each  property  and  submit  a  copy  thereof  to  the  Charity
Commissioner  and  the  Principal  Secretary  and  Remembrancer  of  Legal  Affairs,  Law
and  Judiciary  Department,  within  ninety  days  from  the  appointed  day.  The  original
list  of  the  properties  shall  be  preserved  permanently  in  the  office  of  the
Sansthan Trust.

(4) Where  any  property  is  handed  over  or  transferred  as  provided  under  sub-
section  (1)  or  (2),  the  Executive  Officer  shall,  after  due  verification  of  the  inventory,
pass  a  receipt  in  writing  for  the  same  to  the  transferor,  and  thereupon,  the  Executive
Officer  shall  be  responsible  for  safe  custody  of  such  property.

1  Clause  (k1)  was  inserted  by  Mah.  IV  2005,  S.  2.
* This short  title of  this Act was  amended as ''the  Maharashtra Public  Trusts Act" by  Mah. 24  of 2012,

s. 2,  Sch.,  entry  43,  w.  e.  f.  1-5-1960.

Constitution
o f
Committee
o f
Management
of  Sansthan
Trust.

4

Shree  Sai Baba Sansthan Trust (Shirdi) Act, 2004

[ 2004 : Mah. XIV

(5) The  Board  of  Management  of  the  erstwhile  trust  and  every  other  person  who
has  handed  over  or  transferred  any  property  of  the  erstwhile  trust  to  the  Executive
Officer  and  obtained  the  receipt  thereof  under  sub-section  (4)  shall,  stand  indemnified,
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  Sansthan  Trust,  on  or  after  the
appointed  day,  a  Committee  to  be  called  "the  Shree  Sai  Baba  Sansthan  Management
Committee"  shall  be  constituted  by  the  State  Government  as  provided  in  sub-
section (2).

(2) The  State  Government  shall,  by  notification  in  the Official  Gazette, appoint,
a  Chariman,  Vice-Chariman  and  not  more  than 1[fifteen]  other  members  to  constitute
the  Committee  as  envisaged  under  sub-section (1) :

Provided  that,  out  of  the  total  number  of  members  not  less  than  one  member
shall  be  a  woman  and  one  member  shall  be  from  the  socially  and  economically
weaker  sections.

2[Provided  further  that,  out  of  the  total  number  of  members,  not  less  than  eight
members  including  the  Vice-Chairman,  shall  be  persons  having  educational  background
with  professional  or  specialized  knowledge,  qualifications  and  practical  experience  in
one  or  more  of  the  fields  such  as  law,  Business  Management,  Public  Administration,
Engineering,  Architecture,  Public  Health,  Medicine  or  Rural  Development.]

(3) The  President  of  the  Shirdi Nagar  Panchayat shall  be  the ex-officio member

of  the  Committee.

(4) 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.

Allowances
to  member.

6.

(1) There  shall  be  paid  from  the  Management  Fund  to  each  member  such
honorarium,  fees  and  allowances  as  the  Chairman,  Vice-Chairman  or  as  the  case  may
be,  member  of  the  Committee,  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  a  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.

Term  of
office    of
member.

7. (1) A  member  shall  be  appointed  for  a  period  of  three  years :

Provided  that,  the  term  of  office  of  such  out-going  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.

1 This  word  was  substituted  for  the  word  "thirteen"  by  Mah.  4  of  2005,  s.  3(a).
2 This  proviso  was  added,

ibid.,  s.  3(b).

2004 : Mah. XIV]

Shree Sai Baba Sansthan Trust (Shirdi) Act, 2004

5

(2) A  member  may,  by  writing  under  his  hand  addressed  to  the  State  Government,

and  a  copy  to  the  Chairman,  resign  his  membership :

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

State  Government.

(3) If  a  member  without  obtaining  leave  from  the  Committee,  remains  absent  for
the  three  consecutive  meetings  of  the  Committee,  he  shall  cease  to  be  a  member
thereof,  from  the  time  the  third  meeting  is  duly  terminated.

8. A  person  to  be  appointed  as  a  member  of  the  Committee  shall  be,—

(a) the  permanent  resident  of  the  State  of  Maharashtra ;  and

(b)   a  devote  of  Shree  Sai  Baba  and  shall,  prior  to  his  appointment  as  a

member  make  such  declaration  in  the  prescribed  form.

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

if  he—

(a) is  a  minor ;

(b) is  of  unsound  mind,  and  is  so  declared  by  a  Competent  Court ;

(c) is  an  undischarged  insolvent ;

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

relating  to  the  immovable  property  of  the  Sansthan  Trust ;

(e) save  as  provided  in  sub-section  (1)  of  section  6,  is  a  paid  servant  of  the
Committee  or  has  any  share  or  interest  directly  or  indirectly  in  any  contract  for
the  supply  of  the  goods  to  or  for  execution  of  any  work,  or  the  performance  of
any  service,  undertaken  by  the  Committee  in  respect  of  the  Sansthan  Trust ;

(f) is  guilty  of  misconduct  or  who  has  been  charge-sheeted  for  the  offence

involving  moral  turpitude  or  is  otherwise  found  to  be  unfit.

(2) If  is  appears  to  the  State  Government  that  a  member  has  incurred  any  of  the
disqualifications  as  provided  in  sub-section  (1),  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.

10. The  State  Government  may  appoint  a  new  member,  when  an  existing

member—

(a) resigns  or  dies ;

(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  relieved ;

Conditions
for  being
member.

Disqualifica-
tion  for
membership.

Power  to
appoint  new
member.

6

Shree  Sai Baba Sansthan Trust (Shirdi) Act, 2004

[ 2004 : Mah. XIV

(e) refuses  to  act  or  neglects  to  perform  his  duties  as  such  member ;

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

(g) ceases  or  is  disqualified  to  be  or  to  continue  to  be,  a  member  under  any

of  the  provisions  of  this  Act

Meeting  of
Committee
and  rules  of
procedure.

11. (1) For  the  transaction  of  its  business,  the  Committee  shall  meet  at  such
intervals  as  it  may  determine,  from  time  to  time,  so  however,  that  not  more  than
thirty  days  shall  elapse  between  the  two  meetings.

(2) The  quorum  for  the  meeting  of  the  Committee  shall  be 1[eight].

(3) Every  meeting  of  the  Committee  shall  be  presided  over  by  the  Chariman  and
in  his  absence  by  the  Vice-Chairman  and  in  their  absence,  by  a  member  elected  for
the  purpose  by  the  members  present.

(4) All  questions  arising  at  the  meeting  of  the  Committee  shall  be  determined  by
the  majority  of  the  votes  of  the  members  present.  In  the  case  of  equality  of  votes,
the  Chairman  or  the  person  presiding,  as  the  case  may  be,  shall  have  a  right  to
exercise  a  casting  vote.

(5) The  Executive  Officer  appointed  under  section  13  shall  be  the  Secretary  of
the  Committee  and  shall  be  responsible  for  the  maintenance  of  the  minutes  of  the
proceedings  of  every  meeting  duly  countersigned  by  the  Chariman  or  any  other
member  presiding  at  the  meeting.

(6) Consistent  with  the  provisions  of  this Act  and  the  rules  made  thereunder,
the  Committee  shall  make  regulations  for  regulating  its  procedure  and  the  conduct
of  its  business.

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

13. (1) The  State  Government  shall  appoint  the  Executive  Officer  for  the  purposes
of  this  Act,  who  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  the  behalf :

Provided  that,  the  person  working  as  the  Executive  Officer  of  the  erstwhile  trust
immediately  before  the  appointed  day  shall  continue  to  work  as  such,  till  the
appointment  of  the  Executive  Officer  by  the  State  Government  under  this  sub-section,
and  he  shall  exercise  the  powers  and  duties  of  the  Executive  Officer  under  this  Act.

(2) The  Executive  Officer  may  be  selected  from  amongst  the  officers  not  below

the  rank  of  the  Deputy  Collector :

Provided  that,  such  officer  shall  be  a  devotee  of  Shree  Sai  Baba  and  shall  make

such  declaration  in  the  prescribed  form.

1 This  word  was  substituted  for  the  word  "seven"    by  Mah.  4  of  2005,  s.  4.

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

Executive
Officer  and
other
officers  of
Committee.

2004 : Mah. XIV]

Shree Sai Baba Sansthan Trust (Shirdi) Act, 2004

7

(3) When  a  temporary  vacancy  occurs  of  the  office  of  the  Executive  Officer,  by
reason  of  sickness  or  leave  or  any  other  similar  reasons,  the  State  Government  may
fill  up  the  vacancy  by  appointing  a  suitable  person,  for  the  period  of  absence  of
the  Executive  Officer.

(4) The  Committee  may  appoint  such  officers  (other  than  the  Executive  Officer)
and  employees  as  it  deems  necessary  for  the  efficient  management  of  the  Sansthan
Trust  and  performance  of  its  duties  and  functions  under  this Act :

Provided  that,  no  officer  or  employee,  who  is  paid  or  is  to  be  paid  a  salary  of
more  than  two  thousand  rupees  per  month,  shall  be  appointed  by  the  Committee,
unless  such  post  is  first  sanctioned  as  per  the  staffing  pattern  approved  by  the
State  Government.

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

Powers  and
duties  of
officers  of
Committee.

(2) In  particular  and  without  prejudice  to  the  generality  of  the  provisions  contained
in  sub-section  (1),  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  employee  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  twenty-five  thousand  rupees ;

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

sale  proceeds  to  the  Trust  Fund ;

(d) to  undertake  urgent  reparis  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.

(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,  from  time  to  time.

15. (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  employees  of  the  Committee  shall  be  appointed  on  such

terms  and  conditions  of  service  as  may  be  determined  by  regulations.

(3) 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.
H 240-2

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

8

Shree  Sai Baba Sansthan Trust (Shirdi) Act, 2004

[ 2004 : Mah. XIV

Allocation  of
employees  of
public  trust
to  Sansthan
Trust

16. Any  person  who,  immediately  before  the  appointed  day,  has  been  in  service
and  is  serving  in  connection  with  the  affairs  of  the  erstwhile  trust  shall  be  deemed
to  have  been  allocated  and  appointed  as  from  the  appointed  day,  for  service  under
the  Committee  in  connection  with  the  affairs  of  the  Sansthan  Trust,  on  the  same
salary  and  other  terms  and  conditions  of  service  which  were  applicable  to  him
immediately  before  the  appointed  day ;  and  such  conditions  of  service  shall  not  be
varied  to  his  disvantage  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  or  the  rules.

Duties  and
powers  of
Committee.

17. (1) Subject  to  any  general  or  special  orders  of  the  State  Government,  it  shall
be  the  duty  of  the  Committee  to  manage  the  properties  and  affairs  of  the  Sansthan
Trust,  efficiently,  to  make  proper  arrangement  for  the  conduct  and  performance  of
rituals,  worship  ceremonies  and  festivals  in  the  Temple  according  to  the  custom  and
usages,  to  provide  necessary  facilites  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.

(2)  In  particular  and  without  prejudice  to  the  generally  of  the  provisions  contained

in  sub-section  (1),  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  and  the  Charity
Commissioner ;

(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  succeding  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  employees
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  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 ;

Bom.
XXIX
o f
1950.

2004 : Mah. XIV]

Shree Sai Baba Sansthan Trust (Shirdi) Act, 2004

9

(i) generally  do  all  such  acts  as  may  be  necessary  for  the  purposes  of  proper
management,  maintenance  and  administration  of  the  properties  and  affaris  of  the
Trust ;

1[(j) if  deemed  necessary,  form  a  sub-committee  from  amongst  its  members  or
outsiders,  to  advise  itself  on  the  matters  pertaining  to  the  administration  and
management  of  the  Sansthan  Trust,  and  also  lay  down  its  composition  and
procedure  for  conduct  of  meetings  and  for  the  matters  connected  therewith
including  provisions  for  payment  of  sitting  fees,  and  travelling  and  daily
allowances  to  the  members  of  such  sub-committee  who  are  other  than  the
Committee  members,  and  may  also  appoint  a  Chartered  Accountant  as
recommended  by  the  Scrutiny  Committee  to  assist  it  in  its  functions ;  and  may
also  appoint  a  sub-committee  of  not  less  than  five  of  its  members  from  the  field
of  specialized  or  professional  knowledge  to  monitor  and  report  to  the  Committee
the  proper,  full  and  timely  utilization  of  the  financial  assistance  granted  by  the
Sansthan  Trust  to  any  Trust  under  sub-section  (2)  of  section  21,  and  report  any
misutilisation  of  financial  assistance  by  such  trust  to  the  Charity  Commissioner,
for  necessary  disciplinary  or  penal  action  under  the  *Bombay  Public  Trusts
Act, 1950 ;

(k) acquire  or  purchases  lands  or  buildings  required  for  the  purpose  of
development  and  carrying  out  schemes  of  the  Trust  and  to  carry  out  the
objectives  or  purposes  of  the  Trust ;

(l) disseminate  and  propogate  useful  knowledge  about  the  life,  activities, Leelas
and  teachings  of  Shri  Sai  Baba,  and  maintain  and  expand  the  library  of  Shri  Sai
literature ;

(m) organise  or  underake  activities  or  programmes  aimed  at  promoting  the
feelings  of  brotherhood,  unity,  faith  and  equality  among  the  devotees  of  Shri  Sai
Baba ;

(n) promote  or  help  secular  education  of  all  types  and  establish  educational

institutions  at  Shirdi,  or  other  places ;

(o) promote  any  other  noble  cause  aimed  at  achieving  human  well  being  or,

to  help    human  beings  in  calamities.

(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  in  writing  of  the  State  Government.

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

1  Clause  (j)  was  substituted  by  Mah.  24  of  2005,  s. 5.
* This  short  title  was  amended  as  ''the  Maharashtra  Public  Trusts  Act"  by  Mah.  24  of  2012,    s. 2,

Sch.  entry  43,  w.  e.  f.  1-5-1960.

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Shree  Sai Baba Sansthan Trust (Shirdi) Act, 2004

[ 2004 : Mah. XIV

(5) The  Committes  shall  have  no  power  to  borrow  money  from  any  person  or

party,  except  with  the  previous  sanction  in  writing  of  the  State  Government.

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

necessary  for  performing  its  duties  and  functions  under  this  Act.

Advisory
Council.

18.

(1) There  shall  be  an Advisory  Council  to  advise  the  Committee  consisting

of  the  following ex  officio members,  namely  :—

(i) the  Chairman  of  the  Committee ;

(ii) the  Collector  of  the Ahmednagar  District ;

(iii) the  Superintendent  of  Police  for  the  Shirdi  area  of  the Ahmednagar  District ;

(iv) the  District  Government  Pleader, Ahmednagar ;

(v) the  Divisional  Controller  of  the  Maharashtra  State  Transport  Corporation,

Ahmednagar  Division ;

(vi) the  Executive  Engineer,  Irrigation  Department,  having  jurisdiction  over  the

Shirdi Nagar  Panchayat ;

(vii) the  Executive  Engineer,  Operation  and  Maintenance  Division,  Sangamner

of  the  Maharashtra  State  Electricity  Board ;

(viii) the  Distirct  Health  Officer, Ahmednagar ;  and

(ix) one  representative  nominated  by  the  State  Government.

(2) The  Chairman  of  the  Committee  shall  be  the ex  officio Chairman  of  the

Advisory  Council.

(3) The  Executive  Officer  shall  act  as  the  Secretary  of  the Advisory  Council.

(4) The  functions  and  duties  of  the Advisory  Council  shall  be  such  as  laid  down
by  regulations.  The  Advisory  Council  shall  observe  such  procedure  in  regard  to
transaction  of  business  in  meetings  (including  quorum)  thereof  as  may  be  laid  down
by  regulations.

Bhakta
Mandal.

19. (1) There  shall  be  a Bhakta  Mandal to  reommend  about  ceremonies,  festivals,
Poojas, etc.,  which  shall  consist  of  Patrons,  Life  Members,  Ordinary  Members,
Honorary  Members,  Associate  Members  and  Institute  Members  (affiliated).  The  rate
of  subscription  for  each  type  of  membership  shall  be  such  as  may  be  laid  down
by  regulations.

(2) The  membership  of  the Bhakta  Mandal shall  be  given  to  a  person  irrespective

of  his  caste,  religion  or  sex :

Provided  that,  such  person  has  attained  eighteen  years  of  the  age  and  is  devotee

of  Shree  Sai  Baba.

2004 : Mah. XIV]

Shree Sai Baba Sansthan Trust (Shirdi) Act, 2004

11

(3) The  rights,  privileges  and  duties  of  the  members  of  the Bhakta  Mandal shall
be  such  as  may  be  laid  down  by  regulations.  The  Committee  shall  also  lay  down
by  regulations  the  other  terms  and  conditions  to  be  fulfilled  by  an  applicant  applying
for  the  membership  of  the Bhakta  Mandal.

20. (1) The  Sansthan  Trust  shall  have  its  own  fund  to  be  called  “the  Shree  Sai

Trust  Fund.

Baba  Sansthan  Trust  Fund”.

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

(a) all  funds  vested  in  the  Sansthan  Trust  by  virtue  of  the  provisions  of

section  3 ;

(b) all  sums  received  by  way  of  offerings,  gifts  or  donations  to  the  Sansthan
Trust  or  by  way  of Pooja charges  or  by  way  of  sale  proceeds  by  auction  of
the  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  or  party  or  person ;

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

(f) all  other  sum  received  or  collected  by  the  Committee  or  any  member  for  or

on  behalf  of  the  Trust.

1[(3) All  moneys  and  other  valuable  articles  belonging  to  the  Trust  fund  shall
be  deposited  or  kept  only  in  the  Nationalised  Bank  or  Banks  or  be  invested  in
"the  public  securities"  as  defined  in  clause  (12)  of  section  2  of  the  *Bombay  Public
Trusts  Act,  1950.

(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.

Bom.
XXIX
1950.

43  of
1961.

2[21. (1) The Trust  Fund  shall,  subject  to  the  provisions  of  the  Income Tax Act,
1961,  be  utilised  or  expended  by  the  Committee  for  all  or  any  of  the  following
purposes,  namely  :—

Inquiry  into
working  of
the  Board.

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

properties  of  the  Trust ;

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

festivals  in  the Temple  according    to  the  customs  and  usages ;

(c) 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 ;

1 Sub-section  (3)  was  substituted  by  Mah.  Ord.  4  of  2005,  s.  6.
2 This  section  was  substituted, ibid, s.  7.
* The  short  title  of  this  Act  was  amended  as  ''the  Maharashtra  Public  Trust  Act"  by  Mah.  24  of  2012,

Sch.  entry  43,  w.  e.  f.  1-5-1960.

H 240-3

12

Shree  Sai Baba Sansthan Trust (Shirdi) Act, 2004

[ 2004 : Mah. XIV

(d) to  provide meals  to  the  devotees  and  to  run Annachhatra ;

(e) for  propogating  the  teaching  of  Shree  Sai  Baba ;

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

the  State  Government ;

(g) any  sums  required    to  satisfy  any  judgment,  decree  or  award  of  any  court

or  tribunal  or  any  authority ;

(h) the  payment  of  any  taxes,  rent,  compensation,  charges  and  other  sums

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

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

immovable  properties  for  the  purposes  of  the  Trust ;

(j) construction  and  maintenance  of  rest  houses  for  the  accomodation  and  use

of  the  devotees ;  and

(k) for  fulfilling  the  duties  specified  in  sub-section  (2)  of  section  17.

1[(1A) Subject  to  the  provisions  of  sub-section  (1),  the  Trust  may,  with  the
previous  sanction  of  the  State  Government,  and  subject  to  such  maximum  limit  and
such  terms  and  conditions,  as  may  be  specified  by  the  State  Government  by  an
order  published  in  the Official  Gazette, give  grant-in-aid  to  the  Government
Departments,  Government  Corporations,  Government  Companies  or  Government
undertakings  for  providing  or  augmenting  infrastructural  facilities  such  as  bus
terminals,  railway  station,  airport  and  similar  infrastructural  facilities,  for  the
convenience  of  the  devotees.]

(2) After  making  adequate  provisions  for  the  purposes  referred  to  in 2[sub-
sections  (1)  and  (1A)],  if  there  is  a  surplus  in  the  Trust  Fund,  a  portion  of  the
surplus  being  not  more  than  thirty  per  cent.  of  the  distributable  income  of  the  trust,
may  be  utilised  and  expended  by  the  committee,  from  time  to  time  for  all  or  any  of
the  following  purposes,  namely  :—

(i) with  the  previous  sanction  of  the  State  Government  for  the  establishment
and  maintenance,  by  a  registered  public  trust  or  registered  society,  of  any
educational  institution,  sports  academy  or  institute,  public  library,  hospital,
dispensary,  home  for  destitutes  or  physically  disabled  persons  or  other  charitable
or  religious  institution,  or  any  other  non-commercial  cultural  organisation  set  up
by  a  registered  public  trust  or  registered  society  involved  in  the  field  of  art  or
literature ;  or

(ii) to  Shirdi Nagar  Panchayat for  the  improvement  and  augmentation  of  local
civic  services  and  amenities  resulting  in  improvement  of  the  facilities  to  the
Sansthan :

1    This  sub-section  was  inserted  by  Mah.  30  of  2011,  s.  2(a).
2 These  words,  brackets,  figures  and  letter  were  substituted  for  the  words,  brackets  and  figures

"sub-section  (1)",

ibid., s.  2  (b).

2004 : Mah. XIV]

Shree Sai Baba Sansthan Trust (Shirdi) Act, 2004

13

Provided  that,  there  shall  be  a  Security  Committee  constituted  by  the  State
Government  for  the  purposes  of  this  sub-section,  comprising  of  three  members  under
the  Chairmanship  of  a  retired  Judge  of  the  Bombay  High  Court,  appointed  with  the
prior  approval  of  the  Bombay  High  Court,  and  two  other  members  selected  by  the
members  of  the  Committee  from  amongst  themselves ;  and  the  term  of  the  Scrutiny
Committee  shall  be  co-terminus  with  the  term  of  the  Committee :

Provided  further  that,  the  Scrutiny  Committee  shall  frame  regulations  for  holding
and  conducting  of  its  meetings  and  also  discharging  its  functions  under  this  Act,
and  shall  also  frame  and  publish  guidelines  in  consonance  with  the  directions  and
guidelines  issued  by  the  Bombay  High  Court  in  Writ  Petition  No.  2764  of  2003,  in
the  matter  of  Kewal  R.  Semlani,  laying  down  the  norms  for  recommendation  of  the
applications  received  by  the  Committee  from  various  registered  public  charitable  trusts
under  the  Act,  for  financial  assistance  from  the  Sansthan  Trust.]

22.

(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.

Management
Fund  and  its
utilization.

(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, Vice-
Chairman  and  other  members  of  the  Committee 1[and  the  Chairman  of  the  Scrutiny
Committee  and  the  outsider  members  of  the  sub-committee  constituted  under
clause (j)  of  sub-section  (2)  of  section  17] ;

(b) the  payment  of  salaries  and  allowances  of  other  officers  and  employees  of

the  Committee ;

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

23.

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

Suits  and
other
proceedings
by  or  against
Trust  of
Committee.

1. These  words  were  added  by  Mah.  4  of  2005,  s.  8.

14

Shree  Sai Baba Sansthan Trust (Shirdi) Act, 2004

[ 2004 : Mah. XIV

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

24. (1) Where  the  erstwhile  public  trust  by  the  name  of  "Shirdi  Sansthan  of  Shree
Sai  Baba"  at  Shirdi,  District  Ahmednagar  or  any  trustee  thereof  was,  immediately
before  the  appointed  day,  party  to  any  legal  proceedings  with  respect  to  any
property,  rights,  liabilities  or  obligations  since  vested  in  the  re-constituted  Trust  under
section  3  by  the  name  of  "the  Shree  Sai  Baba  Sansthan  Trust  (Shirdi)",  the  said
re-constituted  Trust  or  its  Committee,  shall  be  deemed  to  have  been  substituted  for
the  erstwhile  public  trust  or  its  trustees,  as  a  party  to  those  proceedings,  or  added
to  as  a  party  thereto,  as  the  case  may  be,  and  the  proceedings  shall  continue
accordingly.

(2) Any  reference  to  the  erstwhile  public  trust  or  its  trustees  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,  on  and  after  the  appointed
day,  unless  the  context  otherwise  requires,  be  construed  as  a  reference  to  the  Trust
re-constituted  under  section  3  or  its  Committee,  as  the  case  may  be.

Rules.

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

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.

(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  or  more
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.

Powres  of
State
Government
to  give
directions,
call  for
report,
documents,
etc.

26. (1) The  State  Government  may,  give  to  the  Committee  general  directions  as
to  the  matters  of  policy  to  be  followed  by  the  Committee  in  respect  of  their  powers
and  duties  or  in  the  matter  of  administration  of  the  Sansthan  Trust  or  any  matter
ancillary  or  incidental  thereto ;  and  in  particular,  for  any  action  to  be  taken  for  the
puspose  of  maintaining  discipline  and  order  during  the  festivals  in,  or  connected
with  the  Temple.

2004 : Mah. XIV]

Shree Sai Baba Sansthan Trust (Shirdi) Act, 2004

15

(2) The  State  Government  or  any  officer  authorised  by  the  State  Government  may,
call  for  all  such  information,  accounts  or  report  as  may,  in  its  or  his  opinion,  be
reasonably  necessary  to  satisfy  itself  or  himself  that  the  Sansthan  Trust  is  being
properly  maintained  and  administered,  and  the  Trust  Fund  is  being  duly  appropriated
to  the  purposes  for  which  it  is  constituted,  and  the  Committee  shall,  on  such
requisition,  furnish  forthwith  such  information,  accounts  or  report  to  the  State
Government,  or  as  the  case  may  be,  such  officer.

27. The  State  Government  may,  depute  any  officer  not  below  the  rank  of  Deputy
Secretary  to  inspect  any  movable  or  immovable  property,  records,  correspondence,
plans,  accounts  and  other  documents  relating  to  the  Sansthan  Trust,  and  the
Committee  and  its  officers  and  employees  shall  be  bound  to  afford  all  facilities  to
such  officer  for  such  inspection.

Inspection
by
Government.

28.

(1) The  State  Government  may,  if  it  is  of  the  opinion  that  it  is  necessary
or  expendient  so  to  do,  call  for  and  examine  the  record  of  any  proceedings  or
decision  or  order  of  the  Executive  Officer  or  of  the  Committee  with  a  view  to  satisfy
itself  as  to  the  legality  of  scuh  proceedings  or  the  correctness,  legality  or  propriety
of  any  decision  or  order  made  thereunder,  and  if,  in  any  case,  it  appears  to  the
State  Government,  that  any  such  decision  or  order  should  be  modified,  annulled  or
reversed  or  remitted  for  reconsideration,  it  may  pass  orders  accordingly.

Power  of
State
Government
to  call  for
record,  etc.

(2) In  a  case  where  the  record  of  any  proceeding  or  decision  or  order  of  the
Executive  Officer  or  of  any  Committee  is  called  for  by  the  State  Government  under
sub-section  (1),  the  State  Government  may  stay  the  execution  of  any  such  decision
or  order  of  the  Executive  Officer  or  the  Committee  pending  the  exercise  of  its  power
under  sub-section  (1)  in  respect  thereof :

Provided  that,  the  State  Government  shall  not  pass  any  order  under  sub-section (1)

unless  the  parties  concerned  are  given  an  opportunity  to  render  an  explanation.

1[29. (1) The  Committee  shall  cause  to  be  prepared  the  annual  report  including
the  Auditor’s  report  for  each  financial  year  ending  on  the  31st  March  showing
therein  the  financial  status  and  the  details  of  income  and  expenditure  of  the  Trust
and  the  report  of  the  Scrutiny  Committee  together  with  a  detailed  list  of  donee
institutions  (with  full  address),  to  whom  financial  assistance  was  granted  by  the  Trust
with  information  relating  to  the  object  and  the  amount  of  such  financial  assistance,
and  submit  a  copy  of  the  report  to  the  State  Government  and  the  Charity
Commissioner  not  later  than  the  30th  June  of  that  year.

Annual
Report  of
Committee.

(2) A  copy  of  the  report  received  under  sub-section  (1)  shall  be  laid,  by  the
State  Government,  as  soon  as  may  be,  after  it  is  received,  before  the  State
Legislature,  and  a  copy  of  the  report  or  any  extracts  thereof  shall  be  furnished  by
the  Trust  to  any  person  demanding  the  same,  on  payment  of  such  resasonable fees
or  charges  as  determined  by  the  Committee.]

1    Section  29  was  substituted  by  Mah.  4  of  2005  s.  9.

Power  of
State
Government
to  suspend
or  rescind
any
resolution  or
order  etc.,  of
Committee  in
certain  cases.

Members  of
Committee
and  officers
and
employees  of
Trust  to  be
public
servants.

Protection  of
action  taken
in  good
faith.

16

Shree  Sai Baba Sansthan Trust (Shirdi) Act, 2004

[ 2004 : Mah. XIV

30.

(1) When  the  State  Government  is  of  the  opinion  that  the  execution  of  any
resolution,  decision  or  order  of  the  Committee  or  that  the  doing  of  any  act  which
is  about  to  be  done  or  is  being  done  by  or  on  behalf  of  the  Committee  is  in
contravention  of  or  in  excess  of  the  powers  conferred  by  or  under  this  Act  or  any
other  law  for  the  time  being  in  force,  or  is  likely  to  lead  to  abuses  or  misuse  of,
or  to  cause  waste  of  the  Management  Fund  or  against  the    interest  of  the  public ;
the  State  Government  may,  by  order  in  writing,  suspend  the  execution  of  such
resolution  or  order  or  prohibit  the  doing  of  any  such  act,  for  such  period  or  periods
as  it  may  specify  therein.  A  copy  of  such  order  shall  be  sent  forthwith  by  the
State  Government  to  the  Committee  and  to  the  Executive  Officer.

(2) On  receipt  of  a  copy  of  the  order  as  aforesaid,  the  Committee  may,  if  it  thinks
fit,  within  thirty  days  of  receipt  of  such  copy,  make  a  representation  to  the  State
Government,  in  writing  against  the  said  order.

(3) The  State  Government  may,—

(i) after  considering  the  representation,  if  any,  received  from  the  Committee ; or

(ii) where  no  such  representation  is  received  within  a  period  of  thirty  days,

either  cancel,  modify  or  confirm  the  order  made  by  it  under  sub-section  (1)  or
take  such  other  action  in  respect  of  the  matter  as  may,  in  its  opinion,  be  just  or
expedient,  having  regard  to  all  the  circumstances  of  the  case.  Where  any  order
made  under  sub-section  (1)  is  confirmed,  the  State  Gvoernment  may  direct  that
the  resolution  or  order  of  the  Committee  in  respect  of  which  the  suspension  order
was  made  under  sub-section  (1),  shall  be  deemed  to  be  rescinded.

(4) Where  any  order  made  by  the  State  Government  under  sub-section  (3),  it
shall  be  the  duty  of  every  member  of  the  Committee  and  the  Executive  Officer  and
all  the  officers  and  employees  concerned  to  comply  with  such  order.

31. The  members  and  all  officers  and  employees  of  the  Trust  shall  be  deemed
to  be  public  servants  within  the  meaning  of  section  21  of  the  Indian  Penal  Code
and  section  2(c)  of  the  Prevention  of  Corruption  Act,  1988.

45  of
1860.
49  of
1988.

32. No  suit,  prosecution  or  other  legal  proceeding  shall  lie  against  the  State
Government,  the  Committee  or  any  member,  officer  or  employee  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.

33. The  provisions  of  this Act  shall  have  effect,  notwithstanding  anything
contained  in  the  *Bombay  Public  Trusts  Act,  1950,  or  any  other  law  for  the  time
being  in  force,  or  in  any  scheme  of  management  framed  thereunder  before  the
appointed  day  or  in  any  judgment,  decree  or  order  of  any  court,  tribunal,  Charity
Commissioner  or  other  Competent  Authority  or  in  any  custom  or  usage.

Bom.
XXIX
o f
1950.

* The  short  title  of  this  Act  was  amended  as  ''the  Maharashtra  Public  Trusts  Act"  by  Mah.  24  of  2012,

s. 2,  Sch.  entry  43,  w.  e.  f.  1-5-1960.

2004 : Mah. XIV]

Shree Sai Baba Sansthan Trust (Shirdi) Act, 2004

17

34.

(1) If,  the  State  Government  is  of  the  opinion  that  the  Committee  is  not
competent  to  perform,  or  makes  default  in  performing  the  duties  imposed  on  it  under
this  Act,  or  exceeds  or  abuses  its  powers,  the  State  Government  may,  after  due
enquiry,  by  notification  in  the Official  Gazette,  dissolve  the  Committee  and  constitute
another  Committee  within  a  period  of  six  months  from  the  date  of  dissolution  or
supersede  the  Committee  for  such  period  not  exceeding  six  months,  as  the  State
Government  may  deem  fit.

Dissolution
and
supersession
o f
Committee.

(2) Before  issuing  a  notification  under  sub-section  (1),  the  State  Government  shall
communicate  to  the  Committee,  in  writing,  the  grounds  on  which  they  propose  to
do  so,  fix  a  reasonable  time  for  the  Committee  to  show  cause  against  the  proposed
action  and  consider  its  explanation  or  objection,  if  any.

(3) Where  the  Committee  is  dissolved  or  superseded  under  sub-section  (1),  the
State  Government  shall  appoint  a  person  as  an  Administrator  from  amongst  the
persons  in  the  active  service  of  the  State  Government  or  from  the  persons  who
have  retired  from  such  service  (such  person  not  being  below  the  rank  of  Collector)
and  who  is  a  devotee  of  Shree  Sai  Baba  and  makes  such  declaration  in  the
prescribed  form,  to  exercise  the  powers  and  to  perform  the  functions  of  the
Committee  under  this  Act,  until  the  constitution  of  another  Committee  or  till  the
expiry  of  the  period  of  supersession,  as  the  case  may  be.

(4) The  State  Government  may  fix  remuneration  and  other  conditions  of  service
for  such  person  appointed  as  the  Administrator  under  sub-section  (3),  which  shall
be  paid  from  the  Management  fund.

35.

(1) If  any  difficulty  arises  in  giving  effect  to  any  of  the  provisions  of  this
Act,  the  State  Government  may,  as  occasion  arises,  by  an  order  published  in  the
Official  Gazette, do  anything  not  inconsistent  with  the  provisions  of  this  Act,  which
appears  to  it  to  be  necessary  or  expedient  for  the  purpose  of  removing  the  difficulty :

Removal  of
difficulties.

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

years  from  the  date  of  commencement  of  this  Act.

(2) Every  order  made  under  sub-section  (1)  shall  be  laid,  as  soon  as  may  be,

after  it  is  made,  before  each  House  of  the  State  Legislature.

————

H-240-3360-11.13

PRINTED  AT  GOVERNMENT  PRESS,  KOLHAPUR.

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