ABOLITION OF RIGHTS AND PRIVILEGES OF BADVES, SEVADHARIS, UTPATS, ETC. AND PAYMENT OF AMOUNTS

Consequences of abolition of rights and privileges, etc.

§5

Summary

(1) On the abolition of the hereditary rights and privileges by section 4 and on the committees and bodies referred to in sub-section (2) of section 4 ceasing to function from the appointed day, the following consequences shall ensue, that is to say- (a) the endowment and the registered trusts, and the superintendence, direction and control thereof (including their administration, management and governance) shall stand transferred to, and vest in, the Committee; and the Committee shall be the trustee of such endowment and trusts; and accordingly, every person including any committee or body referred to in sub-section (2) of section 4 which immediately before the appointed day, has been functioning in relation to, or looking after, the superintendence, direction and control of, the endowment and registered trusts shall cease to do so and every person in possession of any property of such endowment or trusts shall hand over all such property to the Executive Officer on behalf of the Committee; and in particular, every person in possession of the jewellery and ornaments and other valuable movable property of which the superintendence, direction and control vests in the Committee shall hand over the same to the officer in charge of the Sub-Treasury at Pandharpur within forty-eight hours of the appointed day together with a full inventory thereof; and such officer shall verify the jewellery and ornaments according to the inventory and take all steps necessary for its safe custody until the Executive Officer makes arrangements for the safe custody thereof; (b) Badves, Sevadharis, Utpats, Kolis and others shall cease to exercise or perform the hereditary rights and privileges, and shall not exercise or attempt to exercise any such hereditary right or privilege in or in relation to the endowment or registered trusts; and in no case, shall they demand, solic it or ask for or receive or accept any remuneration either in cash or in kind or in the precincts of the Temples by way of dakshina or in any form whatsoever for exercising or performing any such hereditary rights and privileges; (c) the Committee shall ensure the continuance of the nitya or daily services in the Temples without any break or hindrance or without in any way curtailing the form, dignity, grandeur or manner of seva or service which was being performed in relation to any deity immediately before the appointed day; and the Committee shall take particular care to ensure that, as far as possible, darshan of the deities is available to the devotees; and for those purposes, the Committee may appoint such persons, on payment of such remuneration, and subject to such terms and conditions as the Committee may, in the interest of the better management of the Temples, determine; The State Government shall place at the disposal of the Committee such sum as may be necessary for meeting the expenses of such services for a period not exceeding 90 days from the appointed day; and the State Government shall be re-imbursed with the sum so placed at the disposal of the Committee from the Temples Fund within such reasonable period as the State Government may from time to time determine, regard being had to the finances of the Committee; (d) all suits and legal proceedings in relation to any of the hereditary rights and privileges or in relation to the committees and bodies referred to in sub-section (2) of section 4 pending in any court or tribunal or before any authority shall abate, and no court, tribunal or authority shall, 1[after the appointed day,] entertain any such suits or legal proceedings. (2) If, in obtaining possession of the properties of the endowment and registered trusts vesting in the Committee under sub-section (1), the officer in charge of the Sub-Treasury at Pandharpur or the Executive Officer is resisted or obstructed by any person,- (a) he may make an application to the Magistrate having jurisdiction, complaining of such resistance or obstruction; and such Magistrate shall, unless he is satisfied that the resistance or obstruction is occasioned by any person claiming in good faith to be in possession on his own account or by virtue of some right independent of that of the endowment or registered trusts, make an order that the officer in charge of the Sub-Treasury or the Executive Officer, as the case may be, be put into possession. Such order shall, subject to the result of any suit, which may be filed to establish the right to the possession of the property, be final; or (b) he may make an application to the District Judge who shall treat the same as an application for delivery of possession under the Code of Civil Procedure, 1908 (V of 1908) and shall dispose it of in accordance with the provisions made thereunder. (3) No suit, prosecution or other legal proceeding shall lie against the Sub-Treasury Officer, or the Executive Officer or any person acting under his instruction or authorised by him for anything done or purported to be done in good faith under sub-section (2) : Provided that, nothing contained in this section shall bar the institution of a suit by any person aggrieved by an order made thereunder from establishing his title to the said property. (4) If any person being a person referred to in clause (b) of sub-section (1) exercises or attempts or causes to exercise any of the hereditary rights and privileges, or if any person fails to hand over any property, in contravention of the provisions of sub-section (1), then without prejudice to the provisions of sub-section (2), he shall, on conviction, be punished with fine which may extend to two thousand rupees.

(1) On the abolition of the hereditary rights and privileges by section 4 and on the committees and bodies referred to in sub-section (2) of section 4 ceasing to function from the appointed day, the following consequences shall ensue, that is to say- (a) the endowment and the registered trusts, and the superintendence, direction and control thereof (including their administration, management and governance) shall stand transferred to, and vest in, the Committee; and the Committee shall be the trustee of such endowment and trusts; and accordingly, every person including any committee or body referred to in sub-section (2) of section 4 which immediately before the appointed day, has been functioning in relation to, or looking after, the superintendence, direction and control of, the endowment and registered trusts shall cease to do so and every person in possession of any property of such endowment or trusts shall hand over all such property to the Executive Officer on behalf of the Committee; and in particular, every person in possession of the jewellery and ornaments and other valuable movable property of which the superintendence, direction and control vests in the Committee shall hand over the same to the officer in charge of the Sub-Treasury at Pandharpur within forty-eight hours of the appointed day together with a full inventory thereof; and such officer shall verify the jewellery and ornaments according to the inventory and take all steps necessary for its safe custody until the Executive Officer makes arrangements for the safe custody thereof; (b) Badves, Sevadharis, Utpats, Kolis and others shall cease to exercise or perform the hereditary rights and privileges, and shall not exercise or attempt to exercise any such hereditary right or privilege in or in relation to the endowment or registered trusts; and in no case, shall they demand, solic it or ask for or receive or accept any remuneration either in cash or in kind or in the precincts of the Temples by way of dakshina or in any form whatsoever for exercising or performing any such hereditary rights and privileges; (c) the Committee shall ensure the continuance of the nitya or daily services in the Temples without any break or hindrance or without in any way curtailing the form, dignity, grandeur or manner of seva or service which was being performed in relation to any deity immediately before the appointed day; and the Committee shall take particular care to ensure that, as far as possible, darshan of the deities is available to the devotees; and for those purposes, the Committee may appoint such persons, on payment of such remuneration, and subject to such terms and conditions as the Committee may, in the interest of the better management of the Temples, determine; The State Government shall place at the disposal of the Committee such sum as may be necessary for meeting the expenses of such services for a period not exceeding 90 days from the appointed day; and the State Government shall be re-imbursed with the sum so placed at the disposal of the Committee from the Temples Fund within such reasonable period as the State Government may from time to time determine, regard being had to the finances of the Committee; (d) all suits and legal proceedings in relation to any of the hereditary rights and privileges or in relation to the committees and bodies referred to in sub-section (2) of section 4 pending in any court or tribunal or before any authority shall abate, and no court, tribunal or authority shall, 1[after the appointed day,] entertain any such suits or legal proceedings. (2) If, in obtaining possession of the properties of the endowment and registered trusts vesting in the Committee under sub-section (1), the officer in charge of the Sub-Treasury at Pandharpur or the Executive Officer is resisted or obstructed by any person,- (a) he may make an application to the Magistrate having jurisdiction, complaining of such resistance or obstruction; and such Magistrate shall, unless he is satisfied that the resistance or obstruction is occasioned by any person claiming in good faith to be in possession on his own account or by virtue of some right independent of that of the endowment or registered trusts, make an order that the officer in charge of the Sub-Treasury or the Executive Officer, as the case may be, be put into possession. Such order shall, subject to the result of any suit, which may be filed to establish the right to the possession of the property, be final; or (b) he may make an application to the District Judge who shall treat the same as an application for delivery of possession under the Code of Civil Procedure, 1908 (V of 1908) and shall dispose it of in accordance with the provisions made thereunder. (3) No suit, prosecution or other legal proceeding shall lie against the Sub-Treasury Officer, or the Executive Officer or any person acting under his instruction or authorised by him for anything done or purported to be done in good faith under sub-section (2) : Provided that, nothing contained in this section shall bar the institution of a suit by any person aggrieved by an order made thereunder from establishing his title to the said property. (4) If any person being a person referred to in clause (b) of sub-section (1) exercises or attempts or causes to exercise any of the hereditary rights and privileges, or if any person fails to hand over any property, in contravention of the provisions of sub-section (1), then without prejudice to the provisions of sub-section (2), he shall, on conviction, be punished with fine which may extend to two thousand rupees.

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