Shree Karveer Niwasini Mahalaxmi (Ambabai) Mandir (Kolhapur) Act, 2018
No: 35 Dated: Apr, 12 2018
Shree Karveer Niwasini Mahalaxmi (Ambabai) Mandir (Kolhapur) Act, 2018
ACT No. XXXV OF 2018
An Act to provide for better management in the Shree Karveer Niwasini Temple, Kolhapur and to make better provisions therefor and the abolition of all the hereditary rights, privileges of priest functioning in the said Temple and for the acquisition of such rights and privileges and for the vesting thereof in the Committee established for the purpose; for providing for better administration and governance of the said Temple and for matters connected therewith and incidental thereto.
WHEREAS there are certain Temples or religious institutions or endowments created for a public religious or charitable purpose, which vest in, or the management of which vests in, the State Government and which are registered as, or declared to be public Trust by notification issued in exercise of the powers conferred by sub-section (2) of section 56C of the Maharashtra Public Trusts Act in the Kolhapur, Sangli, Sindhudurg and Palghar districts of the State of Maharashtra and their management were transferred by the State Government under section 56D of the said Act to the Devasthan Management Committee, Western Maharashtra, Kolhapur, established under sections 56E, 56F and 56I of the said Act; and the Shree Karveer Nivasini Temple is one of such Temple and included in the said notification;
AND WHEREAS various issues are raised in the Maharashtra Legislative Assembly regarding the mismanagement in the said Temple and complaints are received by the State Government regarding activities of Shripujak and the rights and privileges of Shripujak’s in the said Temple;
AND WHEREAS it is expedient to provide for better management in the Shree Karveer Nivasini Temple, Kolhapur and to make better provisions therefor; AND WHEREAS, after considering the views expressed in the State Legislature, the State Government is of opinion that the steps should be taken forthwith to enact a law for that purpose; and also to abolish all the hereditary rights and privileges of Shripujak’s or any person performing nitya or daily or occassional pujas in the said Temple; and to provide for the acquisition and vesting of such rights and privileges in the Committee; and for the payment of amounts as compensation for the acquisition of such rights and privileges; and for appropriation of the income accruing from the offerings, Dakshina, donations or gifts made to the idols or deities in the Temple or made for the purpose of development and management of the Temple or any property thereof, with a view to increase the better utilization of the same for the purpose of the Temple, and of the idols of deities therein of and for the matters connected therewith or incidental thereto;
AND WHEREAS it is expedient to make a law for the purposes aforesaid; it is hereby enacted in the Sixty-ninth Year of the Republic of India as follows :—
CHAPTER I PRELIMINARY
1. Short title and commencement:- (1) This Act may be called the Shree Karveer Niwasini Mahalaxmi (Ambabai) Mandir (Kolhapur) Act, 2018.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions:- In this Act, unless the context otherwise requires, —
(1) “appointed day” means the date specified in the notification issued under sub-section (2) of section 1;
(2) “Devasthan Management Committee” means the Devasthan Management Committee, Western Maharashtra Kolhapur established under sections 56E, 56F and 56I of the Maharashtra Public Trusts Act;
(3) “Committee” or “Management Committee” means the Management Committee appointed under section 8;
(4) “District Court” means the District Court at Kolhapur;
(5) “Executive Officer” means the Executive Officer of the Committee appointed under section 21 ;
(6) “Member” means a member of the Committee, and includes any office – bearers thereof whether called as, the Chairman, Vice-Chairman and Treasurer or by any other designation;
(7) “Management Fund” means the management fund constituted under section 30 ;
(8) “prescribed” means prescribed by rules made by the State Government under this Act ;
(9) “public Trust’’ means a public trust registered under the provisions of the Maharashtra Public Trusts Act ;
(10) “regulations” means the regulations made by the Committee under section 52 ;
(11) “rules” means the rules made under this Act;
(12) “Shripujak”, in relation to severs or services performed in the Temple, means the persons known as pujari or service providers, by whatever name or designation known or called and traditionally performing and rendering any or all kinds of religious services in the Shree Karveer Niwasini Mahalaxmi (Ambabai) Temple on the date of commencement of this Act ;
(13) “Temple”means the Shree Karveer Niwasini Mahalaxmi (Ambabai) Temple at Kolhapur;
(14) “Trust’’ means the public trust as constituted under sub-section (1) of section 3;
(15) “Trust Fund” means the fund of the Temple Trust or religious institution constituted under section 28;
(16) “year” means the financial year; and
(17) words and expressions used in this Act but not defined shall have the meanings respectively assigned to them in the Maharashtra Public Trusts Act.