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

Amount to be given to abolition rights of any other person.

§8

Summary

(1) If any person is aggrieved by the provisions of this Act which provide for abolition or acquisition of any of his hereditary rights and privileges, and if payment of amount for such abolition and acquisition has not been provided for in the foregoing provisions, such person may apply to the authorised officer for such payment. (2) The application under sub-section (1) shall be made to the authorised officer within the prescribed period and in the prescribed form. The authorised officer shall, after holding an inquiry in the manner laid down for the holding of an inquiry under the Public Trusts Act, make an order determining the amount in the manner and according to the method provided for in sub-section (3). (3) In determining the amount, the authorised officer shall be guided by the provisions of the scheme made by any Court for the administration of any temple, and the decisions of the High Court and other courts recorded before the appointed day in relation to the hereditary rights and privileges of persons having any interest in the income from the endowment and registered trusts; but in no case shall the amount determined exceed two and half times the average annual income which the authorised officer is of opinion such aggrieved person was receiving or collecting during the 12 years commencing from the calendar year 1958 and ending on the 31st day of December 1969, increased by a sum equal to fifteen per cent of the average annual income in consideration of the compulsory nature of the acquisition.

(1) If any person is aggrieved by the provisions of this Act which provide for abolition or acquisition of any of his hereditary rights and privileges, and if payment of amount for such abolition and acquisition has not been provided for in the foregoing provisions, such person may apply to the authorised officer for such payment. (2) The application under sub-section (1) shall be made to the authorised officer within the prescribed period and in the prescribed form. The authorised officer shall, after holding an inquiry in the manner laid down for the holding of an inquiry under the Public Trusts Act, make an order determining the amount in the manner and according to the method provided for in sub-section (3). (3) In determining the amount, the authorised officer shall be guided by the provisions of the scheme made by any Court for the administration of any temple, and the decisions of the High Court and other courts recorded before the appointed day in relation to the hereditary rights and privileges of persons having any interest in the income from the endowment and registered trusts; but in no case shall the amount determined exceed two and half times the average annual income which the authorised officer is of opinion such aggrieved person was receiving or collecting during the 12 years commencing from the calendar year 1958 and ending on the 31st day of December 1969, increased by a sum equal to fifteen per cent of the average annual income in consideration of the compulsory nature of the acquisition.

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