LexThe Shree Sai Baba Sansthan Trust (Shridi) Act, 2004.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act2004 : Mah. XIV] 1
THE SHREE SAI BABA SANSTHAN TRUST
(SHIRDI) ACT, 2004
[Text as on 3rd July 2024]
——————
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title and commencement.
2. Definitions.
3. Reconstitution of Sansthan Trust and transfer to and vesting of properties 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 membership.
10. Power to appoint new member.
11. Meeting of Committee and rules of procedure.
12. Act of Committee not invalid by reason of vacancy or defect.
13. Chief Executive Officer and other officers of Committee.
14. Powers and duties of officers of Committee.
14A. Powers for execution of development plan of Shree Sai Baba Mahasamadhi Centenary
Celebration.
15. Terms and conditions of service of Chief 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. Suits and other proceedings by or against Trust or Committee.
2 The Shree Sai Baba Sansthan Trust [2004 : Mah. XIV
(Shirdi) Act, 2004
24. Continuance of legal proceedings by or against erstwhile public trust and construction of
references to that Trust.
25. Rules.
26. Powers of State Government to give directions, call for report, documents, etc.
27. Inspection by Government.
28. Power of State Government to call for record, etc.
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.
32. Protection of action taken in good faith.
33. Act to override other laws, etc.
34. Dissolution and supersession of Committee.
35. Removal of difficulties.
2004 : Mah. XIV] The Shree Sai Baba Sansthan Trust 3
(Shirdi) Act, 2004
LIST OF AMENDMENT ACTS
1. Amended by Mah. 4 of 2005 (23-8-2004)1
2. Amended by Mah. 30 of 2011 (4-6-2011)2
3. Amended by Mah. 48 of 2017 (13-7-2017)3
1 Mah. Ord. XXVII of 2004 was repealed by Mah. IV of 2005, s. 10.
2 Mah. Ord. XIV of 2011 was repealed by Mah. XXX of 2011, s. 3.
3 Mah. Ord. XII of 2017 was repealed by Mah. XLVIII of 2017, s. 16.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
4 The Shree Sai Baba Sansthan Trust [2004 : Mah. XIV
(Shirdi) Act, 2004
2004 : Mah. XIV] The Shree Sai Baba Sansthan Trust 5
(Shirdi) Act, 2004
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.]
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 Shirdi,
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.
WHEREAS the administration of the public trust of Shri Shirdi Sai Baba Sansthan re gistered
under the 2Bombay Public Trusts Act, 1950 (Bom. XXIX of 1950), under the name “Shirdi Sansthan of
Shri Sai Baba” at Shirdi, District Ahmednagar, popularly known as “ Shree Shirdi Sa i 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 18 th October 1982, confirmed by
the High Court of Judicature at Bombay in First Appeal No. 320 of 1983, decided on the 23 rd 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 31 st 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 ;
AND WHEREAS the Government of Maharashtra considers it expedient 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 Trus t 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 m ore 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 :—
1. Short title and commencement. — (1) This Act may be called the Shree Sai Baba S ansthan
Trust (Shirdi) Act, 2004.
(2) It shall come into force on such date3 as the State Government may, by notification in the
Official Gazette, appoint.
2. Definitions.— 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 ;
1 For Statement of Objects and Reasons of the L. C. Bill No. IX of 2004, see Maharashtra Government Gazette ,
Extraordinary No. 10, Part V-A, dated the 27th May 2004, pages 85-86.
2 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.
3 23rd August 2004, vide G. N., Law and Judiciary Department, No. CHC. 1100 / 1883 / (269), XVII, dated the 23rd August
2004.
6 The Shree Sai Baba Sansthan Trust [2004 : Mah. XIV
(Shirdi) Act, 2004
(c) “ Bhakta Mandal ” means the Shree Sai Baba Bhakta Mandal referred and recognised
under section 19 ;
1[(c-1) “Chief Executive Officer” means the Chief Executive Officer of the Committee ;]
(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 in cludes the Chairman and
Vice-Chairman of the Committee ;
(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 Shir di 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 ;
2[(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 3Bombay Public Trusts Act, 1950 (Bom. XXIX of 1950).
3. Reconstitution of Sansthan Trust and transfer to and vesting of properties
in that T rust. — (1) On the appointed day, in place of the public trust registered under the 4Bombay
Public Trusts Act, 1950 (Bom. XXIX of 1950), by the name of “ Shirdi Sansthan of Shri Sai Baba” at
Shirdi, District Ahmednag ar (hereinafter referred to as “ the erstwhile trust”), a trust by the name of
“the Shree Sai Baba Sansthan Trust (Shirdi)”, 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. Transfer of possession of properties to Sansthan Trust.— (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.
1 Clause (c-1) was inserted by Mah. 48 of 2017, s. 2.
2 Clause (k1) was inserted by Mah. 4 of 2005, s. 2.
3 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.
4 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] The Shree Sai Baba Sansthan Trust 7
(Shirdi) Act, 2004
(3) The Executive Of ficer 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 saf e custody of such
property.
(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. Constitution of Committee of Management of Sansthan Trust. — (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 Cha i an,
Vice-Chairman 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 p ersons 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, Medicin e 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 suc cession 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.
6. Allowances to member. — (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 Co mmittee or that he receives any
honorarium, fees or allowances under this section.
7. Term of office of member.— (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 by Mah. 4 of 2005, s. 3(b).
8 The Shree Sai Baba Sansthan Trust [2004 : Mah. XIV
(Shirdi) Act, 2004
(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. Conditions for being member .— 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. Disqualification for membership.— (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. Power to appoint new member. — 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 ;
(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.
11. Meeting of Committee and rules of procedure. — (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]:
1 This word was substituted for the word “seven” by Mah. 4 of 2005, s. 4.
2004 : Mah. XIV] The Shree Sai Baba Sansthan Trust 9
(Shirdi) Act, 2004
1[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 brou ght before the original
meeting had there been a quorum thereat, shall be brought befo re the adjourned meeting, and may be
disposed of in such adjourned meeting, whether there be a quorum present or not.]
(3) Every meeting of the Committee shall be presided over by the Chairman 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. I n 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) 2[The Chief 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 Chairman 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. Act of Committee not invalid by reason of vacancy or defect. — 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. 3[Chief Executive Officer] and other officers of Committee. — (1) The State Government
shall appoint 4[the Chief 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 5[the Chief Executive Officer] of the erstwhile trust
immediately before the appointed day shall continue to work as such, till the appointment of
6[the Chief Executive Officer] by the State Government under this sub -section, and he sha ll exercise
the powers and duties of 7[the Chief Executive Officer] under this Act.
8[(2) The Chief Executive Officer shall be selected from am ongst 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 dat e of commencement of the Shree Sai Baba Sansthan Trust (Shirdi)
(Amendment) Act, 2017 (Mah. XLVIII of 2017), and working on that date shall be deemed to have
been appointed as the Chief Executive Officer under this section.]
(3) When a temporary vacancy occurs of the office of 9[the Chief Executive Officer], by reason of
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 10[the Chief Executive Officer].
(4) The Committee may ap point such officers (other than 11[the Chief 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 :
1 This proviso was added by Mah. 48 of 2017, s. 3(a).
2 These words were substituted for the words “The Executive Officer” by Mah. 48 of 2017, s. 3(b).
3 These words were substituted for the words “Executive Officer” by Mah. 48 of 2017, s. 4(e).
4 These words were substituted for the words “the Executive Officer” by Mah. 48 of 2017, s. 4 (a) (i).
5 These words were substituted for the words “the Executive Officer” by Mah. 48 of 2017, s. 4 (a) (ii).
6 These words were substituted for the words “the Executive Officer” by Mah. 48 of 2017, s. 4 (a) (ii).
7 These words were substituted for the words “the Executive Officer” by Mah. 48 of 2017, s. 4 (a) (ii).
8 Sub-section was substituted by Mah. 48 of 2017, s. 4(b).
9 These words were substituted for the words “the Executive Officer” by Mah. 48 of 2017, s. 4 (c).
10 These words were substituted for the words “the Executive Officer” by Mah. 48 of 2017, s. 4 (c).
11 These words were substituted for the words “the Executive Officer” by Mah. 48 of 2017, s. 4 (d).
10 The Shree Sai Baba Sansthan Trust [2004 : Mah. XIV
(Shirdi) Act, 2004
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. Powers and duties of officers of Committee.— (1) 1[The Chief Executive Officer] shall be
the Chief Administrative Officer of the Committee. He shall, subject to the general control of the
Committee, have powers to carry out the decisions of the Committee in accordance with the provisions
of this Act.
(2) In particular and without prejudice to the generality of the provisions contained in
sub-section (1), 2[the Chief Executive Officer] shall be responsible for the custody of all properties and
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,—
3[(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 t he Committee to the
Committee ;]
(b) to call for tenders for works or supplies and accept su ch tenders when the amount or
value thereof does not exceed 4[five lakh rupees] ;
(c) to dispose of perishable offerings by auction or otherwise and credit the sale proceeds to
the Trust Fund ;
(d) to undertake urgent repairs 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 5[the Chief Executive Officer]
or under the regulations, from time to time.
6[(4) The Chief Executive Officer may, in case of emergency, direct execution of any work or the
the doing of any act, involving expenditure not exceeding rupees five lakh, which is not provide 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.]
7[14A. Powers for execution of development plan of Shree Sai Baba Mahasamadhi
Centenary Celebration.— 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 an d Judiciary Department, No. SSV. 2 013/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
1 These words were substituted for the words “The Executive Officer” by Mah. 48 of 2017, s. 5 (a).
2 These words were substituted for the words “the Executive Officer” by Mah. 48 of 2017, s. 5 (b) (i).
3 Clause (a) was substituted by Mah. 48 of 2017, s. 5 (b) (ii).
4 These words were substituted for the words “twenty-five thousand rupees” by Mah. 48 of 2017, s. 5 (b) (iii).
5 These words were substituted for the words “the Executive Officer” by Mah. 48 of 2017, s. 5 (c).
6 Sub-section (4) was added by Mah. 48 of 2017, s. 5 (d).
7 This section was inserted by Mah. 48 of 2017, s. 6.
2004 : Mah. XIV] The Shree Sai Baba Sansthan Trust 11
(Shirdi) Act, 2004
(c) the proposals involving expenditure of more than one crore rupees shall be sanctioned by
the State Government.]
15. Terms a nd conditions of service of 1[Chief Executive Officer] and other officers and
employees.— (1) 2[The Chief 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 3[the Chief Executive Officer] and other
officers and employees of the Committee shall be paid out of the Management Fund.
16. Allocation of employees of public trust to Sansthan Trust.— 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 disadvantage 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.
17. Duties and powers of Committee.— (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
facilities 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 succeeding year as the State Government may direct ;
(d) make regular payment of salaries, honorarium, fees and allowances and oth er sums
payable to the members, 4[Chief 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 th e 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 ;
1 These words were substituted for the words “Executive Officer” by Mah. 48 of 2017, s. 7 (c).
2 These words were substituted for the words “The Executive Officer” by Mah. 48 of 2017, s. 7 (a).
3 These words were substituted for the words “the Executive Officer” by Mah. 48 of 2017, s. 7 (b).
4 These words were substituted for the words “Executive Officer” by Mah. 48 of 2017, s. 8.
12 The Shree Sai Baba Sansthan Trust [2004 : Mah. XIV
(Shirdi) Act, 2004
(i) generally do all such acts as may be necessary for the purposes of proper management,
maintenance and administration of the properties and affairs 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 sit ting 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 2Bombay Public Trusts Act, 1950 (Bom. XXIX of 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 under take 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 jewelleries, 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.
(5) The Committee shall have no powe r 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.
18. Advisory Council. — (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 ;
1 Clause (j) was substituted by Mah. 24 of 2005, s. 5.
2 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.
2004 : Mah. XIV] The Shree Sai Baba Sansthan Trust 13
(Shirdi) Act, 2004
(vii) the Executive Engineer, Operation and Maintenance Division, Sangamner of the
Maharashtra State Electricity Board ;
(viii) the District Health Officer, Ahmednagar ; and
1[(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 i n 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 ;]
(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) 2[The Chief 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.
19. Bhakta Mandal.— (1) There shall be a Bhakta Mandal to re commend 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.
(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. Trust Fund. — (1) The Sansthan Trust s hall have its own fund to be called “the Shree Sai
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
1 These clauses were inserted by Mah. 48 of 2017, s. 9(a).
2 These words were substituted for the words “The Executive Officer” by Mah. 48 of 2017, s. 9(b).
14 The Shree Sai Baba Sansthan Trust [2004 : Mah. XIV
(Shirdi) Act, 2004
(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 B ank or Banks or be invested in “the public securities” as defined in clause
(12) of section 2 of the 2Bombay Public Trusts Act, 1950 (Bom. XXIX of 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.
3[21. Utilization of Trust Fund. — (1) The Trust Fund shall, subject to the provisions of the
Income Tax Act, 1961 (43 of 1961), be utilised or expended by the Committee for all or any of the
following purposes, namely :—
(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 ;
(d) to provide meals to the devotees and to run Annachhatra ;
(e) for propagating 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) develo pment 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 accom modation and use of the
devotees ; and
(k) for fulfilling the duties specified in sub-section (2) of section 17.
4[(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 Sta te 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 termin als, railway
station, airport and similar infrastructural facilities, for the convenience of the devotees.]
(2) After making adequate provisions for the purposes referred to in 5[sub-sections (1) and (1A)],
if there is a surplus in the Trust Fund, a porti on of the surplus being not more than thirty per cent. of
1 Sub-section (3) was substituted by Mah. 4 of 2005, s. 6.
2 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.
3 This section was substituted by Mah. 4 of 2005, s. 7.
4 This sub-section was inserted by Mah. 30 of 2011, s. 2(a).
5 These words, brackets, f igures and letter were substituted for the words, brackets and figures “sub-section ( 1)”
by Mah. 30 of 2011, s. 2(b).
2004 : Mah. XIV] The Shree Sai Baba Sansthan Trust 15
(Shirdi) Act, 2004
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 dest itutes 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 :
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 the mselves ; 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 unde r 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. Management Fund and its utilization .— (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.
(2) Having regard to the balance, if any, available in the Management Fund, there shall be placed
to the credit o f 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, fee s 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. Suits and other proceedings by or against Trust or Committee. — In all suits and other
legal proceedings by or against the Sansthan Trust or the Committee, the pleadings shall be signed and
verified by 2[the Chief Executive Office r] and all processes in such suits and proceedings shall be
issued to, or served on, 3[the Chief Executive Officer].
24. Continuance of legal proceedings by or agai nst erstwhile public trust and construction
of references to that Trust.— (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
Excerpt shown. Open the full act in Lexace.