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The Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Act, 1980.

Maharashtra · state statute
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1981 : Mah. VI]  1 
 
SHREE SIDDHI VINAYAK GANPATI TEMPLE TRUST  
(PRABHADEVI) ACT, 1980 
         [Text as on 7th January 2026] 
————— 
CONTENTS 
PREAMBLE. 
SECTIONS. 
 1.  Short title and commencement. 
 2.  Definitions. 
 3.  Reconstitution of Temple and transfer to and vesting of properties in that Trust. 
 4.  Transfer of possession of properties to Temple Trust. 
 5.  Constitution of Committee of Management of Temple Trust. 
 6.  Allowances to members. 
 7.  Term of office of members. 
 8.  Disqualification for membership. 
 9.  Power to appoint new members. 
 10.  Meetings of Committee and rules of procedure. 
 11.  Act of Committee not invalid by reason of vacancy or defect. 
 12.  Executive Officer and other officers of Committee. 
 13.  Powers and duties of officers of Committee. 
 14.  Terms and conditions of service of Executive Officer and other officers and servants. 
 15.  Allocation of servants of public trust to Temple Trust. 
 16.  Duties and powers of Committee. 
 17.  Trust Fund. 
 18.  Utilization of Trust Fund. 
 19.  Management Fund and its utilization. 
 20.  Suits and other proceedings by or against Trust or Committee. 
 21.  Continuance of legal proceedings by or against public trust and construction of reference 
  to that trust. 
 22.  Rules. 
 23.  Members and officers of Committee to be public servants. 
 24.  Protection of action taken in good faith. 
 25.  Act to override other laws, etc. 
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 26.  Removal of difficulties. 
 27.  Repeal and saving. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1981 : Mah. VI] Shree Siddhi Vinayak Ganpati Temple 3 
            Trust (Prabhadevi) Act, 1980 
 
LIST OF AMENDMENT ACTS 
 1.  Amended by Mah.  48 of 1983 
 2.  Amended by Mah.  7 of 20041 (3-11-2003) 
 3.  Amended by Mah.  21 of 2008 (9-5-2008) 
 4. Amended by Mah.  3 of 2025 (15-10-2024) 
 
 
 
 
 
                                                           
1  Maharashtra Ordinance No. XII of 2003 was repealed by Mah. VII of 2004, s. 3. 
 
Note.- The date mentioned in the bracket indicates the date of commencement of the Act. 
4  Shree Siddhi Vinayak Ganpati Temple         [1981 : Mah. VI 
Trust (Prabhadevi) Act, 1980 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1981 : Mah. VI] Shree Siddhi Vinayak Ganpati Temple 5 
            Trust (Prabhadevi) Act, 1980 
 
MAHARASHTRA ACT No. VI of 19811 
[SHREE SIDDHI VINAYAK GANPATI TEMPLE TRUST (PRABHADEVI) ACT, 1980.] 
[This Act received the assent of the President on the 15th January 1981; assent was first published 
in the Maharashtra Government Gazette, Part IV, Extraordinary No. 7, on the 17th January 1981.] 
An Act to reconstitute the trust popularly known as “Shree Siddhi Vinayak Ganpati  
Temple Trust of Prabhadevi” and to provide for management by a Committee to  
enable the Trust to undertake wider welfare activities for the public. 
WHEREAS, the administration of the public trust registered under the Bombay Public Trusts Act, 
1950 (Bom. XXIX of 1950 ), with the name “Shree Ganpati Temple at Prabhadevi Road, Dadar , 
Bombay’’ and popularly known as Shree Siddhi Vinayak Ganpati Temple Trust of Prabhadevi, was 
vested in the Official Trustee for the State of Maharashtra by virtue of consent decree dated the 16 th 
June 1936 passed by the High Court of Judicature at Bombay in Suit No. 217 of 1932; 
AND WHEREAS, by his judgment dated the 5 th July 1980 given in suo motu scheme framing 
proceeding No. 32 of 1977 under section 50A ( i) of the Bombay Public Trusts Act, 1950  (Bom. XXIX 
of 1950 ), the Joint Charity Commissioner had inter alia appointed the Maharashtra Executor and 
Trustee Company Ltd., as the Custodian Trustee and vested the properties of the trust in that trustee 
and had appointed a Board of Managing Trustees and had directed the Custodian Trustee to take 
appropriate proceeding in the High Court for direction to the Official Trustee, if he did not hand over 
the possession or transfer the properties to the Custodian Trustee on being called upon to do so within a 
reasonable time;  
AND WHEREAS, being aggrieved by this jud gement of the Joint Charity Commissioner, one of 
the parties had obtained a stay order from the Charity Commissioner against implementation of the 
Joint Charity Commissioner’s orders;  
AND WHEREAS, the trust in question has large properties and is very pop ular among the 
devotees, but on account of continuous litigation, the growing income of the trust could not be fully 
utilised so far; and it was necessary that further time and expenditure on litigation should be avoided ;  
AND WHEREAS, the Government of M aharashtra was satisfied that for this important and 
popular trust there should be a separate law to reconstitute the trust and to provide for management by 
a Committee directly under Government supervision to enable the trust to give more facilities for the 
devotees and to undertake wider welfare activities from its surplus funds for the general public;  
AND WHEREAS, both Houses of the State Legislature were not in session ;  
AND WHEREAS, the Go vernor of Maharashtra was satisfied that circumstances existed which 
rendered it necessary for him to take immediate action to make a law for the purposes aforesaid and for 
that purpose promulgated Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Ord inance, 1980 
(Mah. Ord. X of 1980) on the 11th October 1980 ;  
AND WHEREAS, it is expedient to replace the said Ordinance by an Act of the State Legislature; 
It is hereby enacted in the Thirty-first Year of the Republic of India as follows :—  
1.  Short title and commencement.— (1) This Act may be called Shree Siddhi Vinayak Ganpati 
Temple Trust (Prabhadevi) Act, 1980.  
(2) It shall be deemed to have come into force on the 11th day of October 1980. 
2.  Definitions.— In this Act, unless the context otherwise requires,—  
(a) “appointed day” means the day on which this Act, is deemed to have come into force ;  
(b) “Committee” means the Committee for management of the Temple Trust as constituted 
under this Act;  
(c) “Executive Officer” means the Executive Officer of the Committee;  
                                                           
1  For Statement of Objects and Reasons  of the L. A. Bill No. LII of 1980 , see Maharashtra Government Gazette  1981, 
Part V, Extraordinary No. 56, dated 28th November 1980, page 285. 
6  Shree Siddhi Vinayak Ganpati Temple         [1981 : Mah. VI 
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(d) “Management Fund” means the Management Fund of the Committee constituted under 
this Act ;  
(e) “member ” means a member of the Committee, and includes the Chairman and the 
treasurer of the Committee ;  
(f) “Official Trustee ” means the Official Trustee for the State of Maharashtra appointed 
under the Official Trustees Act, 1913 (II of 1913) ;  
(g) “prescribed” means prescribed by rules made by the State Government under this Act ;  
(h) “regulations” means regulations made by the Committee under this Act; 
(i) “Temple” means the Temple of Ganpati and other deities belonging to the Temple Trust 
and popularly known as Shree Siddhi Vinayak Temple at Prabhadevi in Bombay;  
(j) “Temple Trust” or “Trust” means the Trust of the Temple as constituted under this Act ;  
(k) “Trust Fund” means the Fund of the Temple Trust constituted under this Act. 
3.  Reconstitution of Temple Trust and transfer to and vesting of properties in that Trust.— 
On the appointed day, in place of the public trust registered under the Bombay Public Trusts Act, 1950  
(Bom. XXIX of 1950 ), by the name of Shree Ganpati Temple at Prabhadevi Road, Dadar , Bombay 
(hereinafter referred to as “the publ ic trust”),  a trust by the name of “Shree Siddhi Vinayak Ganp ati 
Temple Trust (Prabhadevi)” shall be deemed to be reconstituted under this Act, and all properties, 
whether movable or immovable (including all assets, rights, liabilities and obligations) of the public 
trust, which was being held and administered by the Official Trustee immediately before that day, 
shall, by virtue of this Act, stand transferred to, and vested in, the deity of Ganpati in the Temp le for 
the purposes of the reconstituted trust to be called the Temple Trust or the Trust, and, in place of the 
official trustee, 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 Temple Trust.— (1) The Official Trustee and every 
other person in possession of any immovable property of the public trust which has vested in the 
Temple Trust under section 3, shall hand over possession thereof, along wi th movable property 
thereon, with a full inventory, to the Executive Officer on behalf of the Committee forthwith. 
(2) The Official Trustee and every other person in possession of any movable property of the 
public trust (including deposits in banks or inv estments in shares or securities or ornaments, jewellery 
or other valuable property) so vested shall, within sixty days or such longer period 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) Where any property is handed over or transferred under this section, the Executive Officer 
shall, after due verification with the inventory, pass a proper receipt to the transferor and the Executive 
Officer shall be responsible for its safe custody thereafter. 
(4) The Official Trustee and every other person who hands over or transfers any property of the 
public trust to the Executive Officer and obtains his receipt therefor is hereby 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 Temple Trust. — (1) For the purpose of 
management of the Temple  Trust, on the appointed day, a Committee to be called “Shree Siddhi 
Vinayak Ganpati Temple Trust Management Committee” shall be deemed to be constituted. 
(2) 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. 
1981 : Mah. VI] Shree Siddhi Vinayak Ganpati Temple 7 
            Trust (Prabhadevi) Act, 1980 
 
1[(3) The State Government shall, by notification publish ed in the Official Gazette , appoint a 
Chairman, a treasurer and not more than fifteen other members to form the Committee.] 
Provided that the State Government may, by like notification, from time to time, increase the 
number of other members, but the total number of the members shall not exceed eleven. 
6.  Allowances to members. — (1) There shall be pa id from the Management Fund to each 
member such honorarium, fees and allowances for  exercising his powers and performing his duties 
and functions as the Chairman,  Treasurer, or other member, as the case may be, 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 c hosen as, or for being, a member of the State Legislature or 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. 
7.  Term of office of members. — (1) A member  shall  be  appointed  for  a  period  of 2[five 
years] and shall be  eligible for reappointment.  
3[Provided that, the term of o ffice of such outgoing members shall be deemed to extend to, and 
expire with, the date on which the notification c onstituting the new Committee is pub lished in the 
Official Gazette.] 
(2) A member may, by wr iting under his hand addressed to the State Government, resign his 
membership : 
Provided that, such resignation shall not take effect until it is accepted by the State Government.  
4[(3) If a member, without obtaining leave from the Committee, does not attend three consecutive 
meetings of the Committee, he shall cease to be a mem ber thereof, from the time the third such 
meeting is duly terminated. 
Explanation.— If any question arises as  to whether any person has ceased to be a member under 
sub-section (3), the question shall be referred  by the Committee for decision of the Stat e Government 
or  any officer authorised by it in this behalf, and t he decision given by th e State Government or the  
authorised officer, as the case may be, after holding such inquiries as deemed necessary, shall be final.] 
8.  Disqualification for membership.— (1) A person shall be disqualified for appointment as, or 
for being,  a  member, if he— 
(a) is a  minor; 
(b) has been convicted  by  a criminal  court of any offence involving  moral turpitude ; 
(c) is of unsound mind, and is so declared by a  competent court; 
(d) is an undischarged insolvent ; 
(e) has directly or indirectly any  interest in a lease or any other transaction  relating to  the 
immovable property of the Temple Trust; 
(f) is a paid servant  of the  Committee or  has any share or interest in any contract for the 
supply of goods to, or for ex ecution of any work, or the performance of  any service, undertaken 
by the Committee in respect of the Temple Trust; 
(g) is guilty of misconduct or is otherwise unfit. 
(2) If it appears to the State Government that a member has incurred any of the disquali fications 
aforesaid, the State Government may, after giving such member an opportunity of showing cause, and 
                                                           
1  Sub-section (3) was substituted by Mah. 3 of 2025, s. 2. 
2  These words were substituted for the words “three years” by Mah. 3 of 2025, s. 3. 
3  This Proviso was added by Mah. 21 of 2008, s. 2. 
4  Sub-section (3) was added by Mah. 48 of 1983, s. 2. 
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after considering any such cause shown, remove such person from membership, and the decision of the 
State Government shall be final. 
9.  Power to a ppoint new members. — The State Government may appoi nt a new member, 
when a  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 discharged; 
(e) refuses to act ; 
(f) is removed or his membership is  terminated by the State Government; 
1[(g) ceases or is disqualified to be or to conti nue to be a member under any of the 
provisions of this Act.] 
10.  Meetings 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. 
(2) The quorum for a meeting of the Committee shall be three. 
(3) Every meeting of the Committee shall be presided over by the Chairman and in his absence by 
a member elected for the purpose by the members present. 
(4) All questions arising at a meeting of the Committee shall be determined by a majority of votes 
of the members present. In the case of an equality of votes, the Chairm an or the person presiding, as 
the case may be, shall have and exercise a casting vote. 
(5) The Executive Officer being the Secretary of the Committee shal l be responsible for the  
maintenance of the minutes  of  the proceedings of every meeting duly countersigned  by the Chairman 
or other person presiding at  the meeting. 
(6) Subject to the p rovisions of this section, the Committee may make regulations, with the 
approval of the State Government, for regulating its procedure and the conduct of  its  business. 
11.  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. 
12.  Executive Officer and other officers of Committee. — (1) Th e State Government may 
appoint a person, who is or has been a Gazetted Offi cer of Government as Executive Officer of the 
Committee  and he shall be ex-officio Secretary of the  Committee. 
(2) The Committee may appoint such officers (other than Executive Officer) and servants as it 
thinks necessary for the efficient management of the Temple Trust and performance of its d uties and 
functions under this Act : 
Provided that, no officer or servant, who is paid or is to be paid a salary of over five h undred 
rupees per month, shall be appointed by the Committee, without the previous approval of the State 
Government. 
13.  Powers and duties of officers of Committee.— (1) The Executive Officer shall be the Chief 
Administrative Officer of the Committee. He shall, subject to the control of the Committee, have  
general powers to carry out the decisions of the Committee in accordance with the  provisions  of  this 
Act. 
                                                           
1  Clause (g) was added by Mah. 48 of 1983, s. 3. 
1981 : Mah. VI] Shree Siddhi Vinayak Ganpati Temple 9 
            Trust (Prabhadevi) Act, 1980 
 
(2) In particular, but without prejudice to the generality of the foregoing sub-section, 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 servant 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 two thousand rupees; 
(c) to dispose of perishable offerings by auction or otherwise and credit the sale proceeds to 
the Temple Fund; 
(d) to undertake ur gent 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 made by the Committee with the approval of the State Government. 
(3) The other officers and servants 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 made by the Committee with the approval of the State Government. 
14. Terms and conditions of service of Executive Officer and other officers  
and servants.— (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 servants of the Committee shall be appointed on such terms and conditions 
of service as may be determined by regulations made by the Committee, with the approval of the State 
Government. 
(3) The salary and allowances and other expenses of the Executive Officer and other officers and 
servants of the Committee shall be paid out of the Management Fund. 
15.  Allocation of servants of public trust to Temple Trust. — Every person who immediately 
before the appointed day is serving in connection with the affairs of the public trust shall be deemed to 
have been allocated and appointed for service as from that day under the Committee in connection with 
the affairs of the Temple Trust, on the same salary and other terms and conditions  of service which 
were applicable to him immediately before that day; and such conditions of service shall not be varied 
to his disadvantage 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 regulations made by 
the Committee, with the approval of the State Government. 
16. Duties and powers of Committee. — (1) Subject to any general or special orders of State 
Government, it shall be the duty of  the Committee to manage the properties and affairs of the Temple 
Trust efficiently, to make proper arrangements 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, but without prejudice to the generalit y of the foregoing sub -section, 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 ; 
(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 ; 
10  Shree Siddhi Vinayak Ganpati Temple         [1981 : Mah. VI 
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(d) mak e regular payment of salaries, honorarium, fees and allowances and other sums 
payable to the members, Executive Officer and other officers and servants 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 any 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, fro m 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; 
(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. 
(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 of the State 
Government. 
(4) No jewelleries, ornaments and other valuable movable property vested in the Trust, the value 
of which is more than five thousand rupees, shall be sold , pledged or otherwise alienated by the 
Committee, except with the previous sanction of the State Government. 
(5) The Committee shall have no power to borrow money from any person, except with the 
previous sanction of the State Government. 
(6) Subject to t he provisions of this Act, the Committee shall have all the powers necessary for 
performing its duties and functions under this Act. 
17.  Trust Fund. — (1) The Temple Trust shall have its own fund to be called “Shree Siddhi 
Vinayak Ganpati Temple Trust Fund” which shall vest in the deity of Ganapati. 
(2) The following shall form part of, or be paid into, the Trust Fund :— 
(a) all funds vested in the deity by virtue of the provisions of section 3 ; 
(b) all sums received by way of offerings, gifts or donations  to the deity or by way of puja 
charges or by way of sale proceeds by auction of such 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  ; 
(e) any sums due to the Trust and recovered by the Committee ; 
(f) any sums borrowed by the Committee ; 
(g) all other sums received or collected by the Committee or any member for or on behalf of 
the Trust.  
(3) All monies and other valuable articles belonging to the Trust Fund shall be kept in such 
custody or deposited in such bank or be invested in such securities in accordance with such guidelines 
as may be issued by the State Government, from time to time.  
(4) The Trust Fund shal l be operated by a member or an officer authorised by the Committee in 
such manner and subject to such conditions as may be prescribed.  
18.  Utilization of Trust Fund. — (1) The Trust Fund shall be utilised by the Committee for all 
or any of the following purposes :—  
(i) the maintenance, management and administration of the Temple and the properties of the 
Trust ;  
1981 : Mah. VI] Shree Siddhi Vinayak Ganpati Temple 11 
            Trust (Prabhadevi) Act, 1980 
 
(ii) the conduct and performance of the rituals, worship, ceremonies and festivals in the 
Temple according to the custom and usages ;  
(iii) 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 ;  
(iv) repayment of any sums borrowed by the Committee, with the sanction of the State 
Government ;  
(v) any su ms required to satisfy any judg ment, decree or award of any Court or arbitral 
tribunal;  
(vi) the payment of any tax es, rent, compensation, premia, charges and other sums payable 
by the Trust under any law for the time being in force.  
1[(2) After making adequate provisions for the purposes referred to in sub -section (1) and after 
making similar provision for the objects, needs, requirements and improvements of the Trust in the 
near future, if there is a surplus in the Trust Fund, a port ion of the surplus may be utilised by the 
Committee, from time to time, for all or any of the following purposes, namely :—  
(i) development of the properties of the Trust and acquisition of movable or immovable 
properties for the purposes of the Trust;  
(ii) construction and maintenance of rest houses for the accommodation and use of the 
devotees ;  
(iii) with the pervious sanction of the State Government, the establishment and maintenance 
of any educational institutions, hospitals, dispensaries, homes for  destitute persons or persons 
physically disabled or other charitable or religious institutions, or giving financial aid to such 
institutions or persons :  
Provided that before applying to the State Government for previous sanction for giving 
financial aid  to any individual institution or persons the Committee shall satisfy itself that the 
surplus funds are or being adequately spent first for other purposes specified in clauses ( i), (ii) 
and (iii) of this sub -section, and then in the application give detail s of such expenditure and the 
different grants proposed to be given to different institutions and persons and the reasons why 
such institutions and persons have been selected:]  
2[Provided further that, if the Committee is satisfied that the patient requires urgent financial 
aid to meet the medical expenses of emergent nature, it may sanction financial aid of an amount 
upto rupees twenty -five thousand without previous sanction of t he State Government; and such 
amount shall be paid directly, by cheque, in the name of the concerned hospital. The Executive 
Officer shall within three days from such payment, prepare a detailed report and forward the same 
alongwith a copy of the necessary  medical certificate and a copy of the resolution of the 
Committee to the State Government for information.]  
19. 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 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 Governm ent 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, Treasurer and other 
members of the Committee; 
                                                           
1  Sub-section (2) was substituted for the original by Mah. 48 of 1983, s. 4. 
2  This proviso was added by Mah. 7 of 2004, s. 2. 
12  Shree Siddhi Vinayak Ganpati Temple         [1981 : Mah. VI 
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(b) the payment of sa laries, allowances and other sums payable to the Executive Officer, 
other officers and servants of the Committee; 
(c) the payment of any expenses lawfully incurred by the Committee or any member or 
officer or servant in the exercise of their powers and per formance of their duties and functions 
under this Act. 
20.  Suits and other proceedings by or against Trust or Committee. — In all suits and other 
legal proceedings by or against the Temple 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. 
21.  Continuance of legal proceedings by or against public trust and construction of 
references to that trust. — (1) Where immediately  before the appointed day, the public trust by the 
name of “Shree Ganpati Temple at Prabhadevi Road, Dadar, Bombay” or any trustee thereof is a party 
to any legal proceedings with respect to any property, rights, liabilities or obligations vested i n the 
reconstituted trust by the name of  “Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi)” by 
virtue of the provisions of this Act, the reconstituted trust or its Committee, shall be deemed to be 
substituted for the public trust or its trustee, as a party to those proceedings, or added to as a party 
thereto, as the case may be, and the proceedings may continue accordingly. 
(2) Any reference to the public trust or its trustee in any law for the time being in force or in any 
rule, regulation, notifica tion or order issued thereunder, or in any instrument or other document shall 
be, on and after the appointed day, unless the context otherwise requires, be construed as a reference to 
the reconstituted trust or its Committee, as the case may be. 
22.  Rules .— (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 acti on, 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 perio d of thirty days, which may be 
comprised in one session or in two 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 Ho uses 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. 
23.  Members and officers of Committee to be public servants. — The members of the 
Committee and all officers a nd servants thereof shall be deemed to be public servants within the 
meaning of section 21 of the Indian Penal Code (XLV of 1860). 
24.  Protection of action taken in good faith. — No suit, prosecution or other legal proceeding 
shall lie against the State Go vernment, the Official Trustee, the Committee or any member, officer or 
servant 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. 
25.  Act to override other laws, etc.— The provisions of this Act shall have effect, 
notwithstanding anything contained in the Bombay Public Trusts Act, 1950  (Bom. XXIX of 1950), the 
Official Trustees Act, 1913 (II of 1913) or any other law for the time being in force, or in any Scheme 
1981 : Mah. VI] Shree Siddhi Vinayak Ganpati Temple 13 
            Trust (Prabhadevi) Act, 1980 
 
of management framed thereunder, or in any judgment, decree or order of any Court, Tribunal, Charity 
Commissioner or other competent authority or in any custom or usage. 
26.  Removal of difficulties.— If any difficulty arises in giving effect to any of the provisions of 
this Act, the State Government  may, as occasion arises, by order, do anything which appears to it to be 
necessary for the purpose of removing the difficulty : 
Provided th at no such order shall be made after the expiry of a period of two years from the 
appointed day. 
27.  Repeal and saving. — (1) Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) 
Ordinance, 1980 (Mah. Ord. X of 1980) is hereby repealed. 
(2) Notwithstandi ng such repeal, anything done or any action taken (including any rule, 
regulation, notification or order issued or any appointment made) under the said Ordinance shall be 
deemed to have been done or taken, issued or made, as the case may be, under the corr esponding 
provisions of this Act. 
 

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