The Pandharpur Temples Act, 1973.

1974 : Mah. IX]  1 
THE PANDHARPUR TEMPLES ACT, 1973 
[Text as on 03rd May 2024] 
——————— 
CONTENTS 
PREAMBLE.  
SECTIONS. 
CHAPTER I 
PRELIMINARY 
 1.  Short title and commencement.  
 2.  Definitions.  
 3.  Power of authorised officer to decide certain questions.  
CHAPTER II 
ABOLITION OF RIGHTS AND PRIVILEGES OF BADVES, SEVADHARIS, UTPATS,  
ETC. AND PAYMENT OF AMOUNTS 
 4.  Abolition of rights of Badves, etc., and their vesting in Committee etc.  
 5.  Consequences of abolition of rights and privileges, etc.  
 6.  Payment of amounts for abolition of rights and privileges.  
 7.  Manner of claiming amount, right, interest, etc.  
 8.  Amount to be given for abolition of rights of any other person.  
 9.  Reference to District Court.  
 10.  Authorised officer’s statement to District Court.  
 11.  Service of notice.  
 12.  Restriction on scope of a proceedings.  
 13.  Proceedings to be in open Court.  
 14.  Matter to be considered by District Court in determining amount.  
 15.  Form of orders.  
 16.  Costs of proceedings.  
 17.  Appeal.  
 18.  Payment of amount or deposit of same in Court.  
 19.  Investment of money deposited in other cases.  
 20.  Payment of interest.  
CHAPTER III 
THE COMMITTEE AND THE ADVISORY COUNCIL 
 21.  Establishment of Committee.   
 22.  Disqualification of members.  
 23.  Appointment of members by Government.  
2 The Pandharpur Temples Act, 1973 [1974 : Mah. IX 
 24.  Term of office of members appointed by State Government.  
 25.  Resignation of members and Chairman.  
 26.  Removal of members for misconduct, etc.  
 27.  Disqualification of member during term of office.  
 28.  Casual vacancies how to be filled.  
 29.  Remuneration of members.  
 30.  Office and meetings of Committee.  
 31.  Defect or vacancy not to invalidate acts.  
 32.  Powers and duties of Committee.  
 32A. Advisory Council. 
CHAPTER IV 
THE EXECUTIVE OFFICER AND ESTABLISHMENT 
 33.  Appointment of Executive Officer.  
 34.  Qualifications and conditions of service of Executive Officer.  
 35.  Powers and duties of Executive Officer.  
 36.  Extraordinary powers of Executive Officer.  
 37.  Establishment Schedule.  
 38.  Pay and conditions of service of Executive Officer and other Officers and servants.  
 39. Executive Officer to exercise powers and perform duties of District Magistrate for purpose 
 of maintaining law and order within precincts of Temples.  
CHAPTER V 
BUDGET AND AUDIT 
 40.  Budget.  
 41.  Revised or supplementary budget.  
 42.  Audit.  
CHAPTER VI 
GENERAL 
 43.  Temples Fund.  
 44.  Utilisation of Temples Fund.  
 45.  Powers of State Government to give directions, call for report, document, etc.  
 46.  Inspection by Government.  
 47.  Power of State Government to call for record, etc.  
 48.  Public officers to furnish copies or extracts from certain documents.  
 49.  Administration report.  
 50.  Officers, etc. to be public servants.  
1974 : Mah. IX] The Pandharpur Temples Act, 1973 3 
 51.  Bar to suit or proceeding.  
 52.  Overriding effect of Act.  
 53.  Dissolution and supersession of Committee.  
 54.  Power to make rules.  
 55.  Power of Committee to make by-laws.  
 56.  Application of Public Trusts Act.  
 57.  Removal of difficulties.  
 SCHEDULE A [See section 2 (g)]  
 SCHEDULE B [See section 2 (t)]  
 SCHEDULE C [See section 2 (zd)]  
 SCHEDULE D [ See section 6 (l)] 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
4 The Pandharpur Temples Act, 1973 [1974 : Mah. IX 
  
1974 : Mah. IX] The Pandharpur Temples Act, 1973 5 
LIST OF AMENDMENT ACTS 
 1. Amended by Mah.  30 of 19751 (1-7-1975)                           
 2. Amended by Mah.  28 of 1979 
 3. Amended by Mah. 2 of 20182 (30-10-2017) 
 4.  Amended by Mah. 23 of 20183 (23-1-2018) 
 5.  Amended by Mah. 25 of 2019 (23-7-2019) 
 6. Amended by Mah.  25 of 2023 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
1  Maharashtra Ordinance No. V of 1975 was repealed by Mah. 30 of 1975, s. 3. 
2  Maharashtra Ordinance No. XXIV of 2017 was repealed by Mah. 2018. s. 10. 
3  Maharashtra Ordinance No. III of 2018 was repealed by Mah. XXIII of 2018 s. 6. 
 
Note.- The date mentioned in the bracket indicates the date of commencement of the Act. 
6 The Pandharpur Temples Act, 1973 [1974 : Mah. IX 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1974 : Mah. IX] The Pandharpur Temples Act, 1973 7 
MAHARASHTRA ACT No. IX OF 19741 
[THE PANDHARPUR TEMPLES ACT, 1973.] 
[This Act received the assent of President on the 15th March 1974; assent was first published  
in the Maharashtra Government Gazette on the 3rd April 1974.] 
An Act to provide for the abolition of all the hereditary rights, privileges of ministrants and 
priestly classes functioning in the Temples of Vitthal and Rukmini at Pandharpur; for the 
acquisition of such rights and privileges and for the vesting thereof in a Committee established 
for the purpose; for payment of amounts for such acquisitions for providing for better 
administration and governance of these Temples, their endowments and the amalgamation of the 
trusts and for matters connected with the purposes aforesaid. 
WHEREAS, complaints were received by the Government of Maharashtra regarding the 
mismanagement of the Vitthal Temple, the Rukmini Temple, the Pariwar Devatas  and the Vitthal 
Rukmini Devasthan Committee, all of Pandharpur, and registered as public trusts under the 2Bombay 
Public Trusts Act (Bom. XXIX of 1950).  
AND WHEREAS, by Government Notification in the Law and Judiciary Department No. 
27518/P., dated 21st October 1968 the Government of Maharashtra appointed a Commission of Inquiry 
under the Commissions of Inquiry Act, 1952 (60 of 1952), consisting of Shri. B. D. Nadkarni, District 
Judge (Retired), to enquire into and report to the State Government on the alleged mismanagement of 
the said public trusts and other matters specified in that notification;  
AND WHEREAS, the said Commission submitted its report to Government on 2 nd February 
1970;  
AND WHEREAS, after considering the recommendations and sugg estions of the said 
Commission, and in particular, the views expressed in the Legislature of the State on the aforesaid 
report, the Government of Maharashtra is of opinion that steps should be taken forthwith –  
(i) to abolish all the hereditary rights and  privileges of Badves, Utpats, any committee or 
any persons managing the affairs of the Temples and the property thereof, or any endowment or 
registered trusts in relation thereto, and to require them to hand over the possession of such 
property to the Com mittee to be established for that purpose and also for the purpose of better 
management, administration and governance of such Temples, property or endowment or 
registered trusts;  
(ii) to abolish all the hereditary rights and privileges of the Badves, Utpats, Sevadharis, 
Kolis and other of performing nitya or daily or naimittik or occassional, pujas in the Temples and 
of appropriating the income accruing from offerings, Dakshinas, donations or gifts made to the 
idols or deities in the Temples or made for the purpose of development of the Temples or any 
property thereof with a view to its utilization for purposes of the Temples, of the idols or deities 
therein or any property thereof; and to provide for the acquisition and vesting of such rights and 
privileges in the Committee aforesaid and for the payment of amounts for the acquisition of such 
rights and privileges; 
(iii) to provide for better administration and governance of these Temples, their endowments 
and the amalgamation of the trusts; and  
(iv) to provide for matters connected with the purposes aforesaid;  
It is hereby enacted in the Twenty-fourth Year of the Republic of India as follows :– 
                                                   
1  For State ment of Objects and Reasons  of the L. C. Bill No. 2 of 1973 , see Maharashtra Government Gazette , 1973, 
Extraordinary, Part V , dated 22 nd February 1973 , pages 29 -30; for Report of the Joint Committee, see Maharashtra 
Government Gazette, 1973, Part V, dated the 16th August 1973, pages 247-286. 
2  The short title of the Act has been amended as “t he Maharashtra Public Trust Act” (XXIX of 1950) by Mah. 24 of 2012,  
ss. 2 and 3 Schedule, entry 43 w.e.t.1.5.1960. 
8 The Pandharpur Temples Act, 1973 [1974 : Mah. IX 
CHAPTER I 
PRELIMINARY 
1.  Short title and commencement.—  (1) This Act may be called the Pandharpur Temples  Act, 
1973.  
(2) It shall come into force on such date as the State Government may, by notification in the 
Official Gazette, appoint 1[and different dates2 may be appointed for different provisions of this Act].  
2.  Definitions.— In this Act, unless the context requires otherwise,—  
3[(a) “appointed day”,—  
(i) in relation to the provisions of sub-section (2) of section 1, sections 21 to 31, 33, 34, 
38 and 39, means the 3rd July 1975 [being the date on which those provisions were brought 
into force under a notification issued under sub-section (2) of section 1]; and  
(ii) in relation to any other provision of this Act, means the day on which that 
provision comes into force under a notification issued under sub-section (2) of section 1;]  
(b) “a uthorised officer ” means an officer not below the rank of a Deputy Charity 
Commissioner or an officer who in the opinion of the State Government is of equivalent rank 
authorised by the State Government for the purposes of this Act;  
(c) “ Badves”, in relati on to the Temple of God Vitthal, means all those persons who 
according to the decision of the High Court in Gangaram and Others vs. Banaji Shankar and 
Others (1891 P. J. 182) are declared to be the chief priests, managers, guardians and overseers 
only of the idol, temple and property belonging thereto, and as such bound to keep order, and to 
bid the Sevadharis perform the duties which belong hereditarily to those priests; but are declared 
to be not the owners of the temple, idol or the property aforesaid; a nd whose hereditary rights in 
the management of the property of the idol Vitthal were determined by a scheme approved by the 
High Court in Sakharam Bhimaji Benare and Others vs. Gangaram Babaji Badve and Others  in 
Appeal No. 141 of 1892; and Gangaram Babaj i Badve and Others  (original defendants) vs. 
Sakharam Vaman (with the consent of the Advocate General) and Others (original plaintiffs) in 
Appeal No. 168 of 1892 (1896 P. J. 644) as explained or modified by subsequent decisions, 
including the earlier decision of the High Court in Gangaram Babaji Badve and Others  (original 
defendants) vs. Vitthal Dingre and Others  (original plainiffs) (Appeal No. 130 of 1890) and 
Govardhan Vitthal Dingre (original plaintiffs) vs. Gangaram Babaji Badve and Others  (original 
defendants) (Appeal No. 5 of 1891) (1894 P. J. 6); and who are accordingly exercising these 
hereditary rights and privileges including any other rights and privileges claimed under any order 
or decree of any court or otherwise in the Temple of God Vitthal : and includes a Divaskari. 
Badva; 
(d) “Benari” means a person who exercises the hereditary right and privilege of Chanting 
Mantras or hymns from the Vedas or otherwise at the relevant time of performing nitya or daily 
or naimittik or occasional services in the temple of God Vitthal, and of appropriating or receiving 
income from the exercise of such hereditary right and privilege, including the right of receiving 
yajman offerings of puja vessels, provided the same are put into his h ands by the devotee, of 
officiating at the worship of Ganapati, Varuna and Bhumi and of receiving the money offerings 
and of officiating as Joshi and Upadhyaya at munj and marriage ceremonies performed in the 
Temple of God Vitthal and of receiving the cust omary fees, being the right and privilege 
recognised by the decision of the High Court in Gangaram Babaji and Others vs. Narayan Annaji 
and Others  (1891 P. J. 148) and includes any other rights and privileges claimed or exercised 
under any order or decree of any court or otherwise ;  
(e) “by-laws” means by-laws made by the Committee under this Act;  
                                                   
1  These words were added by Mah. 30 of 1975, s. 2. 
2  Sections 1(2), 21 to 31, 33, 34, 38 and 39 came into force on 3rd July 1975, vide., G. N., L. & J. D., No. 15176/P., dated 
3rd July 1975. 
3  Clause (a) was substituted for the original clause by Mah. 28 of 1979, s. 2. 
1974 : Mah. IX] The Pandharpur Temples Act, 1973 9 
(f) “Committee” means the Committee established under section 21 of this Act and includes 
the temporary Committee appointed under that section ;  
1[(f-1) “Counc il” or “Advisory Council” means the Advisory Council constituted under 
section 32A] ; 
(g) “daily or nitya services” means the services rendered daily in the Temple of God Vitthal, 
described in Schedule A hereto and in the Temple of Goddess Rukmini in the s ame way as the 
services are performed in the Temple of God Vitthal with such variations as are appropriate in the 
case of a female deity;  
(h) “Dange” means a person who exercise the hereditary right and privilege of remaining 
present in the Temple of God Vitthal from kakadarti till shejarti, of attending all daily pujas and 
at daily and special services (not being fair or similar other time), of keeping order during all such 
pujas, doing duty of a chopdar or macebearer on all such occasions by standing at the arched 
door (whether inside or outside of it) with a silver, golden or other metal or wooden stick in hand, 
of asking for dakshina from the devotees or pilgrims, of receiving what the latter may be pl eased 
to give him, of receiving one-third share of the offerings made to the Sevadharis of inviting other 
Sevadharis when necessary, independently of the Badve’s order, of taking at the time of morning 
arti and of evening dhuparti the dhuparti and stick in  hand and in company with a paricharak–
one of the Sevadharis – and of waving that arti in front of Rukmini and other minor Gods; on 
coming to the Garud temple, of distributing ashes among the devotees or pilgrims present, of 
asking for or receiving dakshina from them and distributing angara in northern part of the town, 
and of receiving dakshina also on that account, being hereditary right and privilege recognised by 
the decision of the Court of Joint First class Subordinate Judge A. P. at Sholapur in Ramchandra 
Babaji vs. Gangaram Babaji , Krishna Babaji, Vishwanath Gopal and Others  (Appeal No. 37) 
and Gangaram Babaji, Krishna Babaji, Vishwanath Gopal and Others vs. Ramchandra Babaji in 
Appeal No. 44 of 1893 decided on 28th day of September 1894; and includes any other rights and 
privileges claimed under any order or decree of any court or otherwise ;  
(i) “ Divaskari Badva or Utpat ” means the Badva or Utpat who purchases the right of 
Badves or Utpats of taking the next day’s offerings made by devotees or pilg rims before God 
Vitthal, or as the case may be, before the Goddess Rukmini, and for that purpose, being in charge 
of the collections for that day, remains present near God Vitthal or Goddess Rukmini ;  
(j) “Dingre” means a person who exercises the hereditary right and privilege of showing the 
mirror after the idol is dressed and after sweeping the floor from the throne to the bed chamber, of 
sprinkling water, of drawing figures in white and coloured powder thereon (including rangoli 
marks) and then of sprea ding paulghadi to cover that space, when the idol is supposed to go to 
the shejghar (or bed-chamber) for night’s rest at the relevant time of performing the nitya or daily 
services in the temple of God Vitthal, and of appropriating and receiving income from the 
exercise of such hereditary right and privilege [including taking any offerings that may be placed 
on the cloth (paulghadi) by devotees or pilgrims and any articles which may be put into his hands 
by devotees], being a hereditary right and privile ge recognised by the decision of the High Court 
in Gangaram Babaji Badve and Others vs. Govardhan Vitthal Dingre and Others and Govardhan 
Vitthal Dingre and Others  vs. Gangaram Babaji Badve  and Others (1894 P. J. 6); and includes 
any other rights and privi leges claimed or exercised under any order or decree of any court or 
otherwise;  
(k) “District Court” means the District Court at Sholapur ;  
(l) “Diwate” means a person who exercises the hereditary right of being present with torch 
in hand in the Temple o f God Vitthal from Kakadarti till shejarti; of attending (not in the inner 
anti-chamber of the deity) all daily pujas and daily special upcharas, of attending all kinds of 
yajman pujas wherein abhishek with panchamrit is made, of standing outside the arch -door with 
a stick in hand and in the case of yajman pujas where the mantra yasya kritya is recited near the 
shrine of Garud, of asking along with other Sevadharis dakshina after the mantra is recited and 
not before; in the case of pujas wherein no such man tra is recited near the shrine of Garud, of 
                                                   
1  This clause was inserted by Mah. XXIII of 2018 s. 2. 
10 The Pandharpur Temples Act, 1973 [1974 : Mah. IX 
asking for dakshina when the yajman comes out of the anti -chamber of the deity and puja is 
declared to be at end, when the yajman comes near the Garud shrine, of receiving any golden, 
silver or other metal or woo den stick if the same is actually given in his hand by any of the 
devotees or pilgrims, of asking and receiving dakshina from devotees or pilgrims generally 
without causing them obstruction or annoyance, of receiving a twelth share in the income of 
Sevadhari, after a yajman puja is over along with Hardas, of escorting the yajman to his lodging 
and receiving dakshina or presents from him, and in company with a paricharak of waving the 
morning arti and evening dhuparti in front of the minor idols, of distributing angara and 
receiving dakshina for so doing, and of attending with stick in hand all palkhi processions of the 
deity, being the hereditary right and privilege recognised by the decision of the Court of Joint 
Judge, A. P. at Sholapur in Gopal Ramchandra Divte vs. Gangaram Babaji and Others in Appeal 
No. 39 of 1893; and Gangaram Babaji and Others  vs. Gopal Ramchandra Divte in Appeal No. 
45 of 1893; decided on 28 th September 1894 ; and includes any other rights and privileges 
claimed or exercised under any order or decree of any court or otherwise. 
(m) “endowment” means all property, moveable and immovable (including all jewellery and 
ornaments), belonging to or given or endowed in any name for the maintenance, suppo rt or 
benefit of the Temples, or any deity or idol therein, endowed for the performance of any service 
(including the service of offering to the deity) or charity connected therewith; or for the benefit, 
convenience or comfort of the devotees and pilgrims visiting the Temples and includes––  
(i) the Temples and premises of the Temples and all the deities or idols therein and all 
the Pariwar Devatas connected therewith;  
(ii) all lands, inams, cash allowances and other properties, moveable or immovable, 
encumbrances or charges created in favour of the deities or idols on properties, wherever 
situate;  
(iii) all offerings in cash or kind, gifts or donations (including bhets), made or received 
on behalf of the Temples or any deity or idol therein ;  
(iv) all income derived from any source whatsoever, and standing in any name, 
dedicated to the Temples or any deity or idol therein or to any places in the Temples, under 
the control of the Committee for any pious, religious or charitable purpose; and  
(v) any property purchased out of the Temples Fund.  
Explanation.–– Any gift, inam or jagir granted to a Badva, Sevadhari or Utpat or to 
any other person for the performance of any service including the service of offering to the 
deity or idol or charity in, o r connected with the Temples shall not unless the contrary is 
proved be deemed to be a personal gift to the said Badva, Sevadhari or Utpat or such other 
person, but shall be deemed to be an endowment ;  
(n) “Executive Officer” means the Executive Officer o f the Temples appointed under 
section 33 of this Act ;  
(o) “ Hardas” means a person who exercises the hereditary right and privilege of being 
always present in the Temple of God Vitthal and of receiving “ aratis” (chants at the wavings 
before the idol), at the relevant time of performing nitya or daily or naimittik or occasional 
services in the Temple of God Vitthal or performing kirtans on certain holy days, and of 
performing kala ceremony on Ashad and Kartik Vad I, and of appropriating and receiving income 
from the exercise of such hereditary right and privilege (including the right of receiving the sixth 
share of the offerings made to Sevadharis and the right of receiving musical instruments as are 
placed in his hand by the devotees and that the right to a sk for alms is exercised after the puja is 
completed), being a hereditary right and privilege recognised by the decision of the High Court in 
Gangaram Babaji and Others  vs. Sakharam Kusaji and Others  (1891 P. J. 136) ; and includes 
any other rights and pri vileges claimed or exercised under any order or decree of any court or 
otherwise ;  
(p) “income” means the net amount received or collected before the appointed day by any 
person having interest during any year by exercising his hereditary right and privilege during such 
year after deducting the expenses incurred in exercising such hereditary right and privilege;  
1974 : Mah. IX] The Pandharpur Temples Act, 1973 11 
(q) “ Kolis” means persons belonging to the Koli community who claim that they have 
hereditary right of worship of the four lingas namely, Rameshwar and Vishveshwar in the 
northern part of the temple, Koteshwar in the western part, and the linga on the head of the idol 
‘Vitthal’ and to receive income therefrom;  
(r) “Kshetropadhye” means a person who attends on devotees or pilgrims called Yajmans 
who desire to have darshan of God Vitthal or Goddess Rukmini on payment of remuneration as 
may be agreed upon between him and the Yajmans; 
(s) 1[“member” means a member of the Committee and includes the Chairman and Co -
Chairman appointed under clause (a) of sub-section (1) of section 21;]  
(t) “occasional or naimittik  services” means services rendered occasionally in the Temples 
of God Vitthal and Goddess Rukmini specified in Schedule B hereto, and includes all such 
services which may from time to time be required to be rendered in any of the Temples according 
to such orders as the Committee may, with the approval of the Charity Commissioner, make in 
that behalf;  
(u) “pujari” means a person who exercises the hereditary right of performing the actual act 
of worship (and the Badves cannot prevent the same from being performed) such as, bathing and 
dressing and undressing the idol, putting on and removing ornaments, flowers, garlands and 
sandal paste and waving the arti or offering naivedya to the idol at the re levant time of 
performing nitya or daily or naimittik or occasional services in the Temple of God Vitthal, and of 
appropriating or receiving income including Ovalni or waved offering whether deposited or given 
to the pujari (after dakshina is deposited) from the exercise of such hereditary right and privileges 
being a hereditary and privilege recognised by the decision of the High Court in Gangaram 
Babaji Badve and Others vs. Banaji Shankar and Others (Appeal No. 90 of 1886) 1891 P. J. 182; 
and includes any other rights and privileges claimed or exercised under any order or decree of any 
court or otherwise;  
(v) “paricharak” means a person who exercises the hereditary right of being present at the 
early light waving or kakadarthi, of taking the torch from the Badve and handing it over to the 
pujari; at the second light waving, of taking ekarti from the pujari holding a bell in his left hand 
and then along with Hardas and Dange going round waving the inc ense and the light round 
smaller deities, at the evening dhuparti, of bringing a ready filled incense burner and waving 
lamp which are afterwards carried and waved round the minor deities as in the morning of taking 
ekarti and ashes in cloth and going roun d the east of the town, putting ashes on pilgrims brows 
and showing them the lamp and of receiving presents of bringing water for bathing the idol at the 
panchamrit puja , and the yajman’s panchamrit puja  (but not other pujas whether daily or 
yajman’s), of providing incense and wicks for the yajman pujas and of assisting the pujari by 
handing over the arti at the relevant time of performing nitya or daily or naimittik or occasional 
services in the Temple of God Vitthal; and of appropriating and receiving inc ome from the 
exercise of such hereditary right and privilege including the right of taking all metal pots, arti 
vessels and bells given by devotees to them or for use of the idol provided that the same are put 
into his hands by the devotees –being a hereditary right and privilege recognised by the decision 
of the High Court in Appeal No. 1 of 1890, Gopal Trimbak Paricharak  and another  vs. 
Gangaram Babaji Badve and Others and in Appeal No. 5 of 1890, Gangaram Babaji Badve vs. 
Gopal Trimbak Paricharak and anot her; 1891 P. J. 138; and includes any other rights and 
privileges claimed or exercised under any order or decree of any court or otherwise;  
(w) “Pariwar Devatas” means all those gods and goddesses (including carvings on pillars, 
painting on walls and phot ographs or any, picture thereof) (either within or without the precincts 
of the Temples) which are held out or represented to constitute retinue of God Vitthal, or as the 
case may be, of the Goddess Rukmini and of which a separate list is on the record (th e Pariwar 
Devatas of Vitthal being registered as a separate trust under the Public Trusts Act, and the 
Pariwar Devatas of Rukmini (including the deities of Satyabhama and Rahi or Radhika) being 
included in the Rukmini Trust which is also registered under that Act);  
                                                   
1  This clause was substituted by Mah. II of 2018 s. 2. 
12 The Pandharpur Temples Act, 1973 [1974 : Mah. IX 
(x) “person having interest” means a person who claims to be entitled to payment of an 
amount under this Act for the abolition of his hereditary right and privilege under section 4; 
(y) “prescribed” means prescribed by rules made under this Act ;  
(z) “Public Trusts Act” means the 1Bombay Public Trusts Act ;  
(za) “registered trusts” means the trusts specified in Schedule C hereto and includes the 
trusts which may be amalgamated or added thereto under this Act ;  
(zb) “Sevadharis” in relation to sevas or services performed in the Temple of; God Vitthal 
means the persons who are known as “ pujaris”, “Benaris”, “paricharaks”, “Dingres”, “Danges”, 
“Diwates” and “Hardas” ;  
(zc) “Temples” means the Temple of God Vitthal (including the Garud Temple) and the 
Temple of the Goddess Rukmini at Pandharpur including Pariwar Devatas , and any additions 
thereto or alterations thereof which may be made from time to time after the appointed day ;  
(zd) “Temples Fund” means the Pandharpur Temples Fund constituted under section 43 ;  
(ze) “Utpat” means the person who, being in exclusive charge of the Temple of the Goddess 
Rukmini and the Pariwar Devatas  thereof, exercises the hereditary right and privilege of 
performing nitya or daily or naimittik or occasional services in that Temple and of appropriating 
or receiving income from the exercise of such hereditary right and privilege and includes a 
Divaskari Utpat;  
(zf) “year” means the financial year;  
(zg) words and expressions used in this Act but not defined shall have the meaning 
respectively assigned to them in the Public Trusts Act. 
3.  Power of authorised officer to decide certain questions.— (1) If any question arises–  
(a) whether any person is — 
(i) a Badva, 
(ii) a Sevadhari, 
(iii) a Kshetropadhye, 
(iv) an Utpat, 
(v) a Koli, or 
(vi) a person having interest, or 
(b) whether a person has any hereditary right or privilege to exercise in, or in relation to, any 
of the Temples, or  
(c) whether a person has exercised any such right or privilege before the appointed day, or  
(d) whether a person is a co-sharer of the person having interest, or  
(e) which is incidental, or in relation, to any of the matters aforesaid, the authorised officer 
shall, after giving the party an opportunity of being heard and after holding an inquiry, decide the 
question.  
(2) Any person aggrieved by the decision of the authorised officer may, within thirty days of such 
decision, file an appeal to the Charity Commissioner. The provisions of sections 4, 5, 12 and 14 of the 
Limitation Act, 1963 (36 of 1963) shall apply to the filing of such appeal. 
(3) The decision of the authorised officer, subject to an appeal under sub-section (2) shall be final 
and conclusive, and shall not be questioned in any suit or proceeding in any court. 
 
                                                   
1  The short title of the Act has been amended as “the Maharashtra Public Trust Act” (XXIX of 1950) by Mah. 24 of 2012, 
ss. 2 and 3, Schedule, entry 43, w.e.t. 1.5.1960. 
1974 : Mah. IX] The Pandharpur Temples Act, 1973 13 
CHAPTER II 
ABOLITION OF RIGHT AND PRIVILEGES OF BADVES, SEVADHARIS, UTPATS, ETC.  
AND PAYMENT OF AMOUNTS 
4.  Abolition of rights of Badves, etc., and their vesting in Committee, etc. — (1) With effect 
from the appointed day, notwithstanding anything contained in any law (including any rule, regulation 
and by-law for the time being in force in relation to any of the Temples), custom or usage, any order of 
any ruling authority for the time being, settlement, grant, sanad, or order any decree, order or scheme 
in relation to any of the Temples made by any court,––  
(a) the hereditary rights and privileges of Badves, Utpats or any committee or of any person 
to manage the affairs of the endowment and the registered trusts (including the hereditary right of 
Badves to be the chief priest, managers, guardians and overseers of the idol, Temples and 
property thereof); and  
(b) all the hereditary rights and privileges of Badves, Utpats, Sevadharis, Kshetropadhyes,  
Kolis and others to receive, demand and appropriate the income from the offerings made to any 
deity in the Temples including their respective Parivar Devat as, income from the pujas 
performed for or on behalf of yajmans (that is, the devotees or pilgrims), income from the right of 
applying gandh or giving prasad to yajmans, income from any share in the amount received from 
the yajmans by any committee or Sevadharis, income from pujas, upchars and the like or 
dakshinas demanded or income derived from any source in or in relation to the Temples or use 
thereof; and  
(c) the hereditary right and privilege of Badves, Utpats, Sevadharis, Kshetropadhyes, Kolis  
and others to perform nitya or daily or naimittik or occasional sevas or services to the deities on 
behalf of yajmans or pilgrims in any of the Temples, which they were performing immediately 
before the appointed day (hereinafter collectively referred to as the hereditary rights and 
privileges), are hereby abolished; and thereupon all those hereditary rights and privileges, subject 
to the provisions of this Act, shall be deemed to be acquired and vested in the Committee.  
(2) The committee or devasthan commit tee formed under rule V of the rules for the management 
of the property of the idol Vitthal, approved by the High Court in Sakharam Bhimaji Benare and 
Others vs. Gangaram Babaji Badve and Others in Appeal No. 141; and Gangaram Babaji Badave and 
Others (original defendants) vs. Sakharam Vaman  (with the consent of the Advocate General) and 
others (original plaintiffs) in Appeal No. 168 (1896, P. J. 644), the Samastha Badve Mandal, the 
Samastha Badve Samaj, the Utpat Committee, if any, or any other body by wha tever name called, 
functioning in relation to the endowment or registered trusts immediately before the appointed day 
shall cease to function; and all their powers, duties, rights and privileges, if any, in relation to the 
endowment and the registered trusts, shall vest in the Committee.  
5.  Consequences of abolition of rights and privileges, etc. —  (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) sha ll 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 t he 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 th e inventory and take all steps necessary for its safe 
custody until the Executive Officer makes arrangements for the safe custody thereof;  
14 The Pandharpur Temples Act, 1973 [1974 : Mah. IX 
(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 exerci sing 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 Comm ittee 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 exceedi ng 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 bei ng 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 tribuna l 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 i n 
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 jurisdic tion, 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 end owment 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.  
6.  Payment of amounts for abolition of rights and privileges. — (1) Subject to the provisions 
of this section, the persons specified in column I of Schedule D shall be paid the amounts specified 
against them in column 2 thereof.  
                                                   
1  These words were substituted for the words “on the commencement of this Act,” by Mah. 28 of 1979, s. 3. 
1974 : Mah. IX] The Pandharpur Temples Act, 1973 15 
(2) Nothing in this section shall entitle any person to any amount on the ground only that h is 
hereditary right merely to manage the affairs of the endowment and registered trusts without any right 
of appropriating any income referred to in clause (b) of sub-section (1) of section 4, has been abolished 
under this Act.  
7.  Manner of claiming amou nt, right, interest, etc.— (1) Within a period of ninety days from 
the appointed day, every person h aving interest may apply in wri ting to the authorised officer, stating 
the nature of his right and privilege, the grounds of his claim, the extent of his sh are in the amount, the 
document, if any, evidencing such share and the names of persons who are co-sharers.  
(2) On receipt of an application under sub-section (1), the authorised officer shall hold an inquiry, 
and if he is satisfied, whether in pursuance of any decision under section 3 or otherwise that the 
applicant has established his claim to any rights and privileges which have been abolished under 
section 4, he shall make an order in which he shall specify the amount payable to the applicant. Where 
there are co-sharers claiming the amount, the authorised officer shall apportion the amount between the 
co-sharers. If a dispute arises as to the apportionment of the amount or any part thereof, or as to the 
persons to whom the amount or any part thereof is payable, the authorised officer may refer the dispute 
to the decision of the District Court.  
(3) The provisions of the Public Trusts Act shall apply in relation to inquiries under this section 
as they apply to inquiries under that Act.  
8.  Amount to be g iven to abolition rights of any other person. — (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 p rescribed 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.  
9.  Reference to District Court. — (1) Any person having interest who is aggrieved by the order 
made under section 7 or section 8 may, by written application to the authorised officer, require that the  
matter be referred by the authorised officer for the determination of the District Court, whether his 
objection be to the amount, or the apportionment of the amount among the persons having interest.  
(2) The application shall state the grounds on which o bjection to the order is taken; and every 
such application shall be made within 90 days from the date of receipt of such order.  
(3) Any order made by the authorised officer under section 7 or 8 on an application under this 
section shall be subject to revi sion by the High Court, as if the authorised officer were a Court 
subordinate to the High Court within the meaning of section 115 of the Code of Civil Procedure, 1908 
(V of 1908).  
10.  Authorised officer’s statement to District Court. — (1) In making the r eference the 
authorised officer shall state for the information of the District Court, in writing under his hand,––  
(a) the nature of the hereditary right or privilege claimed by the person having interest;  
(b) the names of the persons having interest in  such right or privilege and the share of each 
such person in the amount paid under section 6 or section 8;  
16 The Pandharpur Temples Act, 1973 [1974 : Mah. IX 
(c) his reasons for arriving at the aggregate income, if any, arising out of such right or 
privilege;  
(d) the documentary evidence, if any, adduced by the applicant;  
(e) if the objection be to the amount, the grounds therefor.  
(2) To the said statement shall be attached a schedule giving the particulars of the notices served 
upon, and of the statements in writing made or delivered by, the parties interested, respectively.  
11.  Service of notice. — The District Court shall thereupon cause a notice specifying the day on 
which the Court will proceed to determine the objection, and directing their appearance before the 
Court on that day, to be served in the manner prescribed on the following persons, namely:—  
(a) the applicant;  
(b) all persons having interest in the objections, except such (if any) of them as have 
consented without protest to receive payment of the amount specified in the order of the 
authorised officer; and 
(c) if the objection is in regard to the amount specified in the order, the authorised officer. 
12.  Restriction on scope of proceedings. — The scope of the inquiry in every such proceeding 
shall be restricted to a consideration of the interests of the persons affected by the objection.  
13.  Proceedings to be in o pen Court.— Every such proceeding shall take place in open Court, 
and all persons entitled to practise in any Civil 

Excerpt shown. Open the full act in Lexace.

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