The Eradication of Unfair Activities at Pandharpur Temples (for providing better facilities for worship) Act, 1980.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1980 : Mah. XI] 1
THE ERADICATION OF UNFAIR ACTIVITIES AT PANDHARPUR
TEMPLES (FOR PROVIDING BETTER FACILITIES FOR WORSHIP) ACT, 1980
[Text as on 26th April 2024]
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CONTENTS
PREAMBLE.
SECTIONS.
1. Short title and commencement.
2. Definitions.
3. Punishment for preventing or discouraging persons from entering or worshipping etc., at
Pandharpur Temples.
4. Punishment for abettor.
5. Offences to be cognizable and compoundable.
6. Power to appoint or authorise persons for proper enforcement of Act.
7. Persons appointed or authorised under Act to be public servants.
8. Protection of action taken in good faith.
9. Overriding effect of Act.
2 The Eradication of Unfair Activities at Pandharpur [1980 : Mah. XI
Temples (for providing better facilities for worship) Act, 1980
1980 : Mah. XI] The Eradication of Unfair Activities at Pandharpur 3
Temples (for providing better facilities for worship) Act, 1980
MAHARASHTRA ACT No. XI OF 19801
[THE ERADICATION OF UNFAIR ACTIVITIES AT PANDHARPUR TEMPLES
(FOR PROVIDING BETTER FACILITIES FOR WORSHIP) ACT, 1980.]
[This Act received the assent of the President’s on the 19th July 1980; assent was first published, in the
Maharashtra Government Gazette, Part IV, on the 19th July 1980.]
An Act to eradicate certain unfair activities at Pandharpur Temples in Maharashtra.
WHEREAS, complaints were received by the State Government regarding mismanagement of
Pandharpur Temples in Solapur District, and the Pandharpur Temples Act, 1973 (Mah. IX o f 1974),
was therefore, enacted, inter-alia for acquisition of the hereditary rights and privileges of ministrants
and priestly classes functioning in the Pandharpur Temples and to provide for better administration and
governance of these Temples ;
AND WHEREAS, in view of continuous litigation by the interested parties, it has not been possible
to bring the provisions of the Act into force, except sections 1 (2), 21 to 31, 34 and 39 thereof ;
AND WHEREAS, it appears that it will take some years to get a final decision of the Court in this
matter, where the validity of the Act it self has also been challenged ;
AND WHEREAS, complaints have been received by Government from a large number of devotees
of God Vithoba and Goddess Rukmini visiting the Pandharpur Temples that they are being exploited by
the priests at the Temples by demanding unreasonable dakshinas, offering, donations, gifts, fees or other
charges for allowing them to enter the Temples for worshipping or for performing any religious service
or ceremonies therein and on failure to meet the damands of the priests the devotees are being insulted,
abused or cursed and even molested physically ;
AND WHEREAS, on account of the aforementioned activities of the priests, there has been great
unrest and discontent amongst the millions of devotees visiting the Pandharpur Temples ;
AND WHEREAS, for these, it is expedient to eradicate the aforementioned unfair activities of the
priests with a view to adverting a serious law and order situation which is likely to arise especially during
the ensuring Ashadhi fair at Pandharpur, 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 the Eradication of Unfair
Activities at Pandharpur Temples (for providing better facilities for worship) Act, 1980.
(2) It shall come into force at once.
2. Definitions.— It this Act, unless the context otherwise requires,—
(a) “ Pandharpur Temples ” means the Temples as defined in clause in clause (zc) of section 2
of the Pandharpur temples Act, 1973 (Mah. IX of 1974), at Pandharpur, in Solapur District, in the
State of Maharashtra ;
(b) words and expressions used in this Act, but not defined shall have the meanings,
respectively assigned to them in the Pandharpur Temples Act, 1973 (Mah. IX of 1974).
3. Punishment for preventing or discouraging persons from entering or worshipping etc., at
Pandharpur Temples.— Whoever—
(a) prevents or discourages any person from entering the Pandharpur Temples for
worshipping or offering prayers or performing any reli gious service or ceremony therein, during
the period the temple is open to the visitors ;
(b) demands or insists for any dakshina, offering, donation, gift, fee or other charge
whatsoever from any such person for darshan or padsparsha of the deity ;
1 For Statement of Objects and Reasons of the L. A. Bill No. XX of 198 0, see Maharashtra Government Gazette , 1980,
Extraordinary, Part V, dated 8th July 1980, page 121.
4 The Eradication of Unfair Activities at Pandharpur [1980 : Mah. XI
Temples (for providing better facilities for worship) Act, 1980
(c) demands or insists for any unreasonable dakshina, offering, donation, gift, fee or other
charge from any such person for performing religious service or ceremony for him or on his
behlalf ;
(d) insults, annoys, abuses, molests or injures any such person fo r hesitating to pay or to
agree to pay or for refusing to pay or with the intention to force him to pay any charges under
clause (b) or any unreasonable charges under clause (c) as the case may be,
shall, on conviction, be punished with imprisonment for a term which may extend to six
months, or with fine which may extend to five hundred rupees, or with both.
Explanation.— For the purposes of this section, when any religious service or ceremony is
performed or is proposed to be performed for any person or o n his behalf, the expression
“demanding or insisting for unreasonable charges” shall include pestering, demanding or
soliciting that person, when he has made his offering or the proposes to make his offering, to
make offering of the same value for differen t classes of ministrants or priests or, without settling
the charges before hand, pestering, demanding or soliciting him to make separate offerings of the
same or different value at different stages of the same service or ceremony.
4. Punishment for abett er.— Whoever abets any offence under this Act, shall, on conviction,
be punished with the punishment provided for the offence.
5. Offences to be congnizable and compoundable. — Notwithstanding anything contained in
the Code of Criminal Procedure, 1973 (2 o f 1974), every offence under this Act shall be cognizable
and every such offence may, with the permission of the Court, be compounded.
6. Power to appoint or authorise persons for proper enforcement of Act. — (1) The State
Government or the District Magist rate may, from time to time, appoint or authorised one or more
officers, wardens and other persons for proper enforcement of this Act and give them such designations
and duties as it or he may deem fit.
(2) Subject to the superintendence, direction and control of the State Government and the District
Magistrate, the persons so appointed or authorised shall exercise general supervision over all persons
visiting, and those rendering any services in, any of the Pandharpur Temples, with a view to see that
there is no contravention of any of the provisions of this Act and to take necessary steps to prevent
such contravention and, in suitable cases, to initiate and supervise prosecution proceedings for
contravention of any provisions of this Act.
(3) The State Gov ernment may, by notification in the Official Gazette, confer on the persons
appointed or authorised under this section, such powers, including those of any police officers, as it may
deem necessary to enable them to carry out the duties imposed on them under this Act :
Provided that, the power to arrest any person without warrant shall not be conferred on any person,
who is not a Government servant.
7. Persons appointed or authorised under Act to be public servants.— All persons appointed or
authorised under this Act shall be deemed to be public servants within the meaning of section 21 of the
Indian Penal Code (XLV of 1860).
8. Protection of action taken in good faith.— No suit, prosecution or other legal proceeding shall
lie against the State Government, the District Magistrate or any person appointed or authorised under this
Act for anything which is in good faith done or intended to be done by any of them under this Act.
9. Overriding effect of Act. — The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any other law for the time being in force, or any custom or
usage or any instrument having effect by virtue of any such law or any judgement, decree or order of any
court or other authority.
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