LexThe Shree Shanaishwar Devasthan Trust (Shingnapur) Act, 2018.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act2018 : Mah. LVIII] 1
THE SHREE SHANAISHWAR DEVASTHAN TRUST (SHINGNAPUR) ACT, 2018
[Text as on 8th October 2025]
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CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title and commencement.
2. Definitions.
CHAPTER II
RECONSTITUTION AND TRANSFER OF PROPERTY OF THE ERSTWHILE TRUST
3. Reconstitution of erstwhile trust and transfer to and vesting of properties.
4. Transfer of possession of valuables and properties to Trust.
CHAPTER III
MANAGEMENT COMMITTEE
5. Constitution of Management Committee for Devasthan Trust.
6. Allowances to members.
7. Term of office of members.
8. Qualifications for being member.
9. Disqualification for membership.
10. Removal of members.
11. Power to reconstitute Committee.
12. Filling up of casual vacancy.
CHAPTER IV
CONDUCT OF BUSINESS
13. Meetings of the Committee and rules of procedure.
14. Defect or vacancy not to invalidate acts.
15. Duties and powers of Committee.
16. Power of Committee to grant licence.
17. Power to cancel or suspend license.
CHAPTER V
EXECUTIVE OFFICER AND OTHER OFFICERS
18. Appointment of Executive Officer and other officers and employees of Committee.
19. Powers and duties of Executive Officer.
20. Emergency power of Executive Officer.
21. Terms and conditions of service of the Executive Officer, other officers and employees.
22. Allocation of employees of erstwhile trust to Devasthan Trust.
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23. Punishment by Committee.
24. Appointment of officers and employees.
CHAPTER VI
FUNDS OF THE DEVASTHAN TRUST
25. Trust Fund.
26. Utilisation of Trust Fund.
27. Management Fund and its utilisation.
28. Offerings received in cash or kind.
CHAPTER VII
BUDGET, ACCOUNTS AND AUDIT
29. Executive officer to submit budget to State Government.
30. Accounts.
31. Audit.
CHAPTER VIII
CONTROL
32. Power of State Government to give direction, call for report, document, etc.
33. Inspection by Government.
34. Power of State Government to suspend or rescind any resolution or order, etc. of
Committee.
35. Public Officers to furnish copies or extracts from certain documents.
36. Dissolution and supersession of Committee.
37. Penalty for wrongful withholding of property belonging to Devasthan Trust.
CHAPTER IX
PREPARATION AND MAINTENANCE OF REGISTERS BY THE TRUST
38. Preparation and maintenance of registers by Devasthan Trust.
CHAPTER X
MISCELLANEOUS
39. Suits and other proceedings by or against.
40. Continuance of legal proceeding by or against erstwhile public trust and construction of
reference to that trust.
41. Annual report of Committee.
42. Members of Committee and officers and employees of Devasthan Trust to be public servant.
43. Protection of action taken in good faith.
44. Acts to override other laws, etc.
45. Provisions of the Maharashtra Rent Control Act, 1999 not to apply.
46. Power to make rules.
47. Power to make regulations.
48. Removal of difficulties.
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MAHARASHTRA ACT No. LVIII OF 20181
[THE SHREE SHANAISHWAR DEVASTHAN TRUST (SHINGNAPUR) ACT, 2018.]
[This Act received the assent of the Governor on the 9th August 2018; and assent was first published
in the Maharashtra Government Gazette, Extraordinary No. 91, Part IV, on the 13th August 2018.]
An Act to re-constitute a public trust registered under the name Shree Shanaishwar Devasthan,
at Shingnapur, District Ahmednagar under the Maharashtra Public Trusts Act and to provide
for better administration of Shree Shanaishwar Temple and control of the State Government on
the trust and for matters connected therewith or incidental thereto.
AND WHEREAS, the administration of the Public Trust registered under the Maharashtra Public
Trusts Act (XXIX of 1950), with the name “ Shree Shanaishwar Devasthan ” at Shingnapur, Nevasa,
Ahmednagar is vested in the Board of Management under a scheme approved by Assistant Charity
Commissioner, Nashik Division, Nashik on the 9 th November 1990 and a scheme modified by
Assistant Charity Commissioner, Ahmednagar division, Ahmednagar;
AND WHEREAS, the power to execute the rules and sub -rules for administration and
management of Shree Shanaishwar Devasthan is vested in the Board of Management by the scheme
made under the Maharashtra Public Trusts Act (XXIX of 1950), and the Assistant Charity
Commissioner, Ahmednagar has the power of appointment of Board of Management for the term of
five years;
AND WHEREAS, on expiration of the term of five years of the previous Board of Management
of Shree Shanaishwar Devasthan, the Assistant Charity Commissioner, Ahmednagar has, under his
order, dated the 6th January 2016, re-constituted the Board of Management of the said Trust;
AND WHEREAS, compl aints have been received by the State Government regarding irregular
management of the previous Board of Management of Shree Shanaishwar Devasthan, Ahmednagar and
also about the selection process of newly constituted Board of Management of Shree Shanaishwa r
Devasthan, Ahmednagar by an order, dated the 6th January, 2016;
AND WHEREAS, the issues of law and order on account of a certain practice in the matter of
taking darshan of deity ‘Shani’ from Chauthara (platform) was required to be dealt with;
AND WHEREAS, it is expedient to enact a separate law to re -constitute the Trust and to provide
for the management of Shree Shanaishwar Temple by a committee directly under the Government
supervision to enable the Trust to give more facilities for the devot ees; and for matters connected
therewith or incidental thereto; it is, hereby enacted in the Sixty-ninth Year of the Republic of India, as
follows :—
CHAPTER I
PRELIMINARY
1. Short title and commencement. — (1) This Act may be called the Shree Shanaishwar
Devasthan Trust (Shingnapur) Act, 2018.
(2) It sha ll come into force on such date 2 as the State Government may, by notification in the
Official Gazette, appoint.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “appointed day ” means the date specified in the notification issued under sub -section (2) of
section 1;
(b) “Committee ” or “ Management Committee” means the Management Commit tee constituted
under section 5;
1 For Statement of Objects and Reasons, (in English) see Maharashtra Government Gazette, Part V-A, Extraordinary No.
44, dated the 17th July 2018, page 18.
2 This Act came into force w.e.f. 22nd September 2025 vide G. N., L. & J. D., No. shadevi-2220/CR.29/desk. 16, dated the
22nd September 2025.
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(c) “Devasthan” means devasthan of Lord Shani at Shingnapur, Ahmednagar;
(d) “Devasthan Trust” means the Public Trust in respect of Shree Shanaishwar Devasthan, Taluka
Newasa, District Ahmednagar, as re-constituted under this Act;
(e) “erstwhile trust ” means the public Trust registered under the Public Trusts Act, with
registration No. A/587, referred to in sub-section (1) of section 3;
(f) “Executive Officer ” means the Executive Officer of the Commi ttee appointed under section
18;
(g) “Management Fund” means the management fund of the Committee constituted under section
27;
(h) “Member” means a member of the Committee, and includes any office-bearer thereof whether
called as, the Chairman, Vice-Chairman and Treasurer or by any other designation;
(i) “prescribed” means prescribed by rules made by the State Government under this Act;
(j) “Public Trusts Act ” means the Maharashtra Public Trusts Act (XXIX of 1950) or any other
law relating to Trusts, for the time being in force;
(k) “Trust” means the Devasthan Trust as constituted under sub-section (1) of section 3;
(l) “Trust Fund” means the Fund of the Devasthan Trust constituted under section 25;
(m) “Regulations” means the regulations made by the Committee under section 47;
(n) “rules” means the rules made under this Act;
(o) “Temple” means the Shanaishwar Temple at village Shinganapur, Tal uka Newasa, District
Ahmednagar;
(p) “year” means the financial year; and
(q) words and expressions used in this Act, but not defined, shall have the meanings, respectively
assigned to them in the Public Trusts Act.
CHAPTER II
RE-CONSTITUTION AND TRANSFER OF PROPERTY OF THE ERSTWHILE TRUST
3. Reconstitution of erstwhile trust and transfer to and vesting of properties. — (1)
Notwithstanding anything contained in the Public Trusts Act or any other law for the time being in
force, on and from the appointed day, the provisions of this Act shall apply in respect of erstwhile trust
registered as “Shree Shanaishwar Devasthan” at village Shinganapur, Taluka Nevasa, District
Ahmednagar, with registration No. A/587 and the said Trust shall be re-constituted as provided in this
Act.
(2) On the appointed day, all the properties, whether movable or immovable (including all assets,
rights, funds, liabilities and obligations) of the erstwhile trust shall, by virtue of, and in accorda nce
with, the provisions of this Act, stand transferred to, and vested in the Management Committee for the
purposes of the Devasthan Trust so re -constituted under sub -section ( 1) and the Executive Officer
shall, on behalf of the Committee, be entitled to their possession and management from that day.
(3) The Committee or Board of Trustees functioning in relation to the erstwhile trust immediately
before the appointed day shall cease to function; and all its powers, duties, rights and privileges, if any,
in relation to the erstwhile trust shall vest in the Management Committee of the Devasthan Trust.
4. Transfer of possession of valuables and properties to Trust.— (1) The Board of Trustees of
the erstwhile trust and every other person in possession of,—
(a) any movable or immovable property of the erstwhile Trust; or
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(b) the valuable articles, and the money including the money in the form of deposits in bank
or in credit society or with any person or investment in shares, belonging to the erstwhile Trust,
shall handover possession thereof, or transfer or cause to be transferred, forthwith, or within such
longer period not exceeding thirty days, as may be allowed by the Management Committee, along with
full inventory thereof, to the Executive Officer on behalf of the Management Committee.
(2) Where any property is handedover or transferred under sub -section (1), the Executive Officer
shall, after due verification with the inventory, pass a proper receipt in writing for the same to the
transferor and thereupon, the Executive Officer shall be responsible for the safe custody of such
property thereafter.
(3) On s o handingover or transferring any such property of the erstwhile Trust to the Executive
Officer and obtaining a receipt thereof under sub -section ( 2), the transferor shall stand released and
discharged from all claims and demands or liability in respect of that property.
(4) Immovable property held by the Devasthan Trust shall not be sold without public auction and
without prior permission of the Government in Law and Judiciary Department and while granting
permission, the Government shall ensure that the offset price of such immovable property shall not be
less than the market value of such property as per the rates fixed under the Annual Statement of rates
fixed under the Maharashtra (Determination of market value) Rules, 1995 or any other law for the time
being in force:
Provided that, the person who has vested interest in the immovable property at the time of public
auction shall have the first right to purchase the said immovable property at the highest bid price
accepted at such auction.
(5) No instrument alienating the immovable property of the Trust without following the
procedure mentioned in this section shall be valid.
CHAPTER III
MANAGEMENT COMMITTEE.
5. Constitution of Management Committee for Devasthan Trust. — (1) For the purpose of
management of the Devasthan Trust, the State Government shall, as provided in sub -section ( 2),
constitute a Committee to be called “Shree Shanaishwar Devasthan Trust Management Committee”.
(2) The State Government shall, by notification in the Official Gazette, appoint the Chairman,
Vice-Chairman, Treasurer and not more than eight other members to constitute the Committee under
sub-section (1):
Provided that, out of the total number of members not less than one member shall be a woman
and at least two members, of whom one shall be a person belonging to the Scheduled Castes and one to
the Scheduled Tribes, shall be appointed from amongst the persons ordinarily residing in the State.
(3) Subject to 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.
6. Allowances to members. — (1) There shall be paid from the management fund to each
member such honorarium and travelling allowance and daily allowance for attending the meetings of
the Committee or for transacting any business connected with duties as a Chairman or member to the
place where such meetings are held or business is transacted and for the return journey from such place
at such rates, as may be prescribed.
(2) Notwithstanding anything contained in any other law for the time being in force, a member of
the State Legislature while holding the office of a member of the Committee who is eligible for any
allowance or honorarium under sub-section (1) shall not be disqualified for continuing as a member of
the State Legislature.
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7. Term of office of members.— (1) A Chairman, Vice-Chairman or member shall be appointed
for a period of three years:
Provided that, the term of office of such outgoing member shall be deemed to exte nd to and
expire with, the date on which the notification constituting the new Committee is published in the
Official Gazette.
(2) A member may, by writing under his hand addressed to the State Government and a copy to
the Chairman, resign from the office of member of the Committee:
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 three
consecutive meetings of the Committee, he shall cease to be a member thereof, from the time the third
meeting is duly terminated.
8. Qualifications for being member. — (1) 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 devotee, of Shree Shanaishwar of Newasa. He shall, prior to his appointment as a
member, make such declaration in the prescribed form.
(2) The Chairman, Vice -Chairman, Treasurer and other members shall, unless otherwise
disqualified, be eligible for re-appointment.
9. Disqualification for membership.— A person shall be disqualified for appointment as, or for
being, a member, if he—
(a) is not qualified under sub-section (1) of section 8;
(b) is a minor;
(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 Devasthan Trust or lawfully held the property of the Devasthan Trust;
(f) is a paid servant of the Committee or has any share or interest, directly or indirectly, in
any contract for supply of goods to, or for execution of any work, or the performance of any
service, undertaken by the Committee in respect of the Trust;
(g) has been convicted by a criminal court of any offence involving moral turpitude;
(h) has, without obtaining leave of absence from the Committee remained absent,—
(i) for three consecutive meetings of the committee;
(ii) from India for a continuous period of six months;
(i) has been found guilty of grave misconduct in the discharge of his duties or being guilty
of corruption or any disgraceful conduct while holding the office of the member of the
Committee;
(j) has been suspended, removed or dismissed as a T rustee of any public Trust, under
section 41-D or any other provisions of the Public Trusts Act by the Charity Commissioner or
Court;
(k) is practicing as a Legal Practitioner for or against the Devasthan Trust;
(l) has left India for the purpose of residing abroad.
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10. Removal of members.— (1) The State Government may remove from office, the Chairman,
Vice-Chairman, Treasurer or any other member of the Committee, on any of the following grounds,
namely:—
(a) that he has incurred any of the disqualifications mentioned in section 9;
(b) that in the opinion of the State Government, the standard of performance of such person
is not found to be satisfactory or not upto the expected standard of performance.
(2) No person shall be removed under this section unless he has been given a reasonable
opportunity of showing cause, in writing, in the matter against his removal.
(3) The decision of the State Government in this behalf shall be final.
11. Power to reconstitute Committee.— Notwithstanding anything contained in the foregoing
provisions or any other provisions of this Act, the State Government may, by notification in the
Official Gazette, curtail the term of office of the Chairman, Vice -Chairman, Treasurer or all or any of
the other members holding office for the time being and appoint a new Chairman, Vice -Chairman,
Treasurer and other members either for the remainder of the term or for a full term of three years, as
the State Government may deem fit.
12. Filling up of casual vacancy. — In the event of any vacancy occurring on account of death,
resignation, disqualification or removal of a member or on account of non -acceptance of office by the
member or where the appointment is set aside, or on account of a m ember becoming incapable of
acting prior to the expiry of his term of office, or desiring to be relieved or discharged or refusing to act
or neglects to perform his duties as such member, the Executive Officer shall forthwith communicate
the occurrence of the event to the State Government through the Management Committee; and the
vacancy shall be filled in as soon as conveniently may be, by appointment of a person thereto and the
member so appointed shall hold office so long only as the member in whose plac e he is appointed
would have held it, if the vacancy had not occurred.
CHAPTER IV
CONDUCT OF BUSINESS
13. Meetings of the Committee and rules of procedure. — (1) For the transaction of its
business, the Management 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) One-half of the number of members of a Committee shall form a quorum:
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 brought before the original meeting
had there been a quorum thereat, shall be brought before the adjourned meeting, whether there be a
quorum present or not.
(3) Every meeting of the Committee shall be presided over by the Chairman of the Committee
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 m eeting of the Committee shall be determined by the majority of
votes of the members present. In 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:
Provided that, the Chairman of the meeting shall have a power to cast his first vote in his capacity
as a member and thereafter have a second and casting vote in his capacity as a Chairman.
(5) The Executive Officer, being the ex-officio Secretary of the Committee, shall be res ponsible
for the maintenance of the minutes of the proceedings of every meeting, and such minutes shall be duly
countersigned by the Chairman or by the member presiding at the meeting, as the case may be.
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(6) Consistent with the provisions of this Act and the rules made thereunder, the Committee shall
make regulations, with the approval of the State Government for regulating its procedure and the
conduct of its business.
14. Defect or vacancy not to invalidate acts. — No act or proceedings of the Committee or of
any person acting as the Chairman or a member of the Committee shall be deemed to be invalid by
reason only of the existence of a vacancy amongst its members or a defect in the constitution thereof or
on the ground that the Chairman or any member of the Committee was not entitled to vote or to
continue in office by reason of any disqualification or by reason of any irregularity or illegality in his
appointment.
15. Duties and powers of Committee.— (1) Subject to any general or special order of the S tate
Government, it shall be the duty of the Committee,—
(a) to manage the properties and affairs of the Trust efficiently;
(b) to make proper arrangement for the conduct and performance of rituals, worship,
ceremonies and festivals in the Devasthan according to the custom and usages;
(c) to provide necessary facilities and amenities to the devotees;
(d) to apply the income of the Devasthan Trust to the objects and purposes for which the
Devasthan Trust is constituted and administered or to the other objects or purposes akin to the
purposes of the Devasthan Trust or to the purposes allowed by or under this Act;
(e) to ensure due and proper continuance and performance of worship, rituals, ceremonies or
services of the nitya or daily or periodical, general or special pooja in the Temple without any
break or hindrance or without in any way curtailing the form, dignity, grandeur or manner of
pooja, archana, religious faith, or belief which were being performed in relation to the deity in
the Devasthan Trust immediately before the appointed day; taking particular care to ensure that,
as far as possible, darshan, etc., of the deities or prayer or worship in the Devasthan Trust is
available to the devotees; appointing person or persons, on payment of such remuneration, and
subject to such terms and conditions, for performance of any seva or service in the Temple, as the
Committee may, in the interest of the better management of the Temple, determine;
(f) with the previous sanction of the State Government to acquire or purchase land or
buildings required for the purpose of development and carrying out schemes of the Devasthan
Trust and to carry out the objectives or purposes of the trust:
Provided that, before acquiring or purchasing any land or building, a certificate from the
Government Approved Valuer shall be obtained by the Committee;
(g) to expand the library of the literature of the Shree Shanaishwar;
(h) to collect the daily offerings, received either in cash or kind including dakshina, bhog,
donation, subscriptions and the like in the Devasthan Trust or within the precincts thereof, to the
exclusion of any other person, and to ensure the safe -custody of the valuable security, jewellery,
ornaments and all other offerings so collected:
Provided that, the cash, offerings received in cash Box, Hundi or otherwise shall be counted
in the presence of the Assistan t Charity Commissioner, Ahmednagar or his representative; and
where offerings received are in kind, the Committee shall cause the valuation thereof to be
determined by the Government Approved Valuer;
(i) in respect of Devasthan Trust under its control cre dit to the Trust Fund, the cash,
offerings so received, and where the offerings received in kind are sold, the proceeds thereof,
received by the Committee;
(j) generally do all such acts as may be incidental, conducive or necessary for the purposes
of proper and efficient management, maintenance and administration of the properties and affairs
of the Devasthan Trust; and to charge such fees for providing services through its sevekaris as the
Committee may, from time to time, determine.
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(2) (a) No immovable property vested in the Devasthan 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.
(b) No jewellery, ornaments and other valuab le movable property vested in the Devasthan
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.
(c) The Committee shall have no power to borrow money from any person or party, except
with the previous sanction, in writing, of the State Government.
(d) Subject to the prior approval of the State Government, the Committee shall have all the
powers not otherwise spe cifically provided under this Act, but are necessary for performing its
duties and functions under this Act.
16. Power of Committee to grant licence.— (1) Any person who desires to sell flowers, prasad,
books and other literature, pictures and any other m aterial approved by the Committee or to look after
cars and other vehicles, bicycles, shoes, umbrellas or other personal effects within and on the precincts
of the premises of the Devasthan Trust shall apply to the Committee for grant of a licence or renew al
thereof in such manner and within such period as may be provided by bye-laws.
(2) Every such application shall be accompanied by such fee as the Committee may specify in
this behalf by bye-laws.
(3) The Committee may grant or renew the licence or for reasons to be recorded in writing refuse
to grant or renew the licence.
(4) All the licences granted or renewed under this section shall be subject to the provisions of this
Act and the rules and bye-laws made thereunder.
17. Power to cancel or suspend license. — (1) Subject to the provisions of sub -section (2), the
Committee may, for reasons to be recorded in writing, suspend or cancel a licence,—
(a) if the licence has been obtained through wilful misrepresentation or fraud;
(b) if the licensee or any servant or any person acting on his behalf with his express or
implied permission, commits a breach of any of the terms and conditions of the licence;
(c) if the licensee has become an insolvent; or
(d) if the licensee is convicted of any offence involving moral turpitude.
(2) No licence shall be suspended or cancelled under this section unless a reasonable opportunity
to show cause against such suspension or cancellation has been given to such licensee.
CHAPTER V
EXECUTIVE OFFICER AND OTHER OFFICERS
18. Appointment of Executive Officer and other officers and employees of Committee.— (1)
The State Government shall appoint a person to be the Executive Officer from amongst the officers not
below the rank of the Deputy Collector, for the purposes of this Act. He shall hold the office ordinarily
for a period of three years from the date of h is appointment unless his term of office is determined
earlier by the State Government by an order issued in this behalf.
(2) When a temporary vacancy occurs in the office of the Executive Officer, by reason of
sickness or leave or any other reason, the S tate Government shall at the earliest opportunity fill up the
vacancy by appointing an officer from amongst the officers not below the rank of Deputy Collector for
the period of absence of the Executive Officer.
(3) He shall be the ex-officio Secretary of the Management Committee.
(4) Other officers and employees of the Committee shall be appointed on such terms and
conditions of services as may be determined by regulations duly approved by the State Government.
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(5) The Executive Officer shall, as soon a s may be, after the commencement of this Act or after
the appointed day, as the case may be, prepare a schedule setting forth therein the duties, designation
and grades of officers, employees and the particulars relating to the salaries and allowances or
honorariums payable to them, to the State Government through the Management Committee for the
approval. Such schedule shall come into force on approval of the State Government. No change shall
be made in such schedule without the sanction of the State Government:
Provided that, no officer or employee, who is paid or is to be paid a salary of more than thousand
rupees per month, shall be appointed by the Committee, without the previous approval of the State
Government.
(6) The salary and allowances and other expenses of the Executive Officer and other officers and
employees of the Committee shall be paid out of the Management Fund.
19. Powers and duties of Executive Officer. — (1) The Executive Officer shall, subject to the
superintendence, direction and cont rol of the Committee, have power to carry out its decisions and
orders in accordance with the provisions of this Act and the rules, regulations and bye -laws made
thereunder.
(2) Notwithstanding anything contained in sub -section ( 1), the Executive Officer shall be
responsible for the custody of all records and properties of the Devasthan Trust and shall make proper
arrangement for collection of offerings, dakshina, bhogs or bhets and the like, whether in cash or kind,
made in the Devasthan Trust and he shall have power,—
(a) to take disciplinary action against any officer or employee of the Committee;
(b) to propose the suspension of any officer or employee of the Committee to the Committee;
(c) to grant lease of the lands and buildings which are ordinarily leased out for a period n ot
exceeding one year at a time;
(d) to call for tenders for works or for supplies, and accept such tender, when the amount or
value thereof does not exceed one lakh rupees;
(e) to decide disputes between employees of the Committee;
(f) to dispose of perishable offerings, by auction or otherwise, and credit the sale proceeds to
the Trust Fund;
(g) to undertake urgent repairs or measures required for safety or convenience of the
devotees;
(h) to do all other acts and things, including grant of licences, which he is empowered to do
by the Committee or under the regulations:
Provided that, the exercise of powers under clauses ( a), (b) and ( c) shall be subject to the
directions of the Committee, if any, issued either generally or specially in that behalf.
(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 the Executive Officer or under
the regulations.
20. Emergency power of Executive Officer. — Subject to the post facto approval of the
Management Committee in the consecutive meeting, the Executive Officer may, in case of emergency,
direct execution of any work or the doing of any act, involving expenditure n ot exceeding rupees three
lakh which is not provided 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 Devasthan Trust or the
services or safety of the pilgrims resorting to the Devasthan and may also direct that such expenses not
exceeding three lakh rupees for executing such work or doing of such act, shall be paid from the Trust
Fund.
21. Terms and conditions of service of the Executive Officer, othe r officers and
employees.— (1) The Executive Officer shall be the servant of the State Government, but he shall
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(Shingnapur) Act, 2018
draw his salary and allowances directly from the Management Fund; and his conditions of service on
deputation to the Committee shall be such as may be determined by the State Government.
(2) The terms and conditions of service, qualifications, method of recruitment, duties and
functions, pay, allowances, honorarium, discipline and conduct of the other Officers, servants,
employees of the Committee, shall be such as may be determined by the Committee with the approval
of the State Government; and as far as may be practicable, but subject to the provisions of this Act,
they shall not be inferior to the existing conditions of service. Their pay and a llowances shall be paid
from the Management Fund.
(3) There shall be paid, every year out of the Management Fund to the State Government, such
cost or amount as the State Government may determine on account of pension, leave and allowances
(other than those drawn from the Management Fund) payable to the Executive Officer.
22. Allocation of employees of erstwhile trust to Devasthan Trust. — Every person who,
immediately before the appointed day, is serving in connection with the affairs of the erstwhile tru st
shall be deemed to have been allocated and appointed for service as from the appointed day, for service
under the Committee in connection with the affairs of the Devasthan Trust, on the same salary and
other terms and conditions of service which were ap plicable to him immediately before the appointed
day to the Devastan Trust; 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 and the regulations made by
the Committee, with the approval of State Government.
23. Punishment by Committee. — Subject to the provisions of this Act and the rules and
regulations made thereunder, the Committee may impose any of the punishments shown below, for
breach of trust, incapacity, disobedience of lawful order or neglect of, or wilful absence from duty,
disorderly behaviour or conduct derogatory to the discipline or dignity of the Devasthan Trust or for
any other sufficient cause, namely :—
(a) removal from service;
(b) recovery, from emoluments or perquisites , of the whole or part of any pecuniary loss
caused to Devasthan by negligence or breach of order or disorderly behaviour or conduct;
(c) any other minor punishment as may be prescribed with the prior approval of the State
Government.
24. Appointment of officers and employees.— No person shall be considered for appointment
to any post or vacancy on the ground merely, that he is entitled for such appointment according to,—
(i) any scheme framed, agreement entered or judgement, decree or order passed by any
court, tribunal or other authority prior to the date of commencement of this Act;
(ii) any custom or usage; or
(iii) the principle that he is next in the line of succession to the last holder of office.
CHAPTER VI
FUNDS OF THE DEVASTHAN TRUST
25. Trust Fund. — (1) The Devasthan Trust, shall have its own Fund to be called "Shree
Shanaishwar Devasthan Trust Fund" which shall vest in the Lord Shani.
(2) The following shall form part of, or be paid into, the said 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 of any nature or by way of sale proceeds by auction of such things received in kind;
12 The Shree Shanaishwar Devasthan Trust [2018 : Mah. LVIII
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(c) 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 Devasthan Trust by Government or by any local
authority, trust or other institution, party or person;
(e) any sums due to the Devasthan Trust and recovered by the Committee;
(f) any other sums borrowed by the Committee;
(g) any fees, fines and penalties, if any, recovered, and all recoveries made by the
Committee, under this Act; and
(h) all other sums including licence fee and lease rent received or collected by the
Committee or a member or officer or employee thereof, for or on behalf of the Devasthan Trust.
(3) All monies and other valuable articles b elonging to the Trust Fund shall be deposited or kept
only in the Nationalized Bank as defined in the Reserve Bank of India Act, 1934 (II of 1934) or be
invested in “the public securities” as defined in clause (12) of section 2 of the Public Trusts Act, and in
accordance with such guidelines as may be issued by the State Government, from time to time.
(4) The Trust Fund shall be operated by an office bearer or a member of the Managing
Committee and an officer of the Committee as are authorized by the Commi ttee in this behalf in the
manner and subject to such conditions, as may be prescribed.
26. Utilisation 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 Devasthan Tru st and of its
properties;
(b) training of sevaks to perform religious worship and ceremonies in the Devasthan;
(c) the conduct and performance of the rituals, worship, ceremonies and festivals in the
Devasthan Trust according to the customs and usages;
(d) 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 Devasthan Trust;
(e) to provide meals to the devotees and to run Annachhatra;
(f) for propagati ng the teachings of the deity, or religious tenets in any Hindu religious
institution;
(g) repayment of any sum borrowed by the Committee;
(h) any sum required to satisfy any judgement, decree or award of any court, tribunal or any
authority;
(i) the pa yment of any taxes, rent, compensation, charges and other sum payable by the
Devasthan Trust under any law for the time being in force;
(j) for development of the properties of the Devasthan Trust; or for acquisition of movable
or immovable properties;
(k) construction and maintenance of rest houses, Dharmashalas or dormitories for the
accommodation and use of the devotees; and
(l) for fulfilling the duties and powers specified in section 15.
27. Management Fund and its utilisation. — (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, e very year, such sum, not exceeding ten per cent of the approximate gross
2018 : Mah. LVIII] The Shree Shanaishwar Devasthan Trust 13
(Shingnapur) Act, 2018
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 nec essary, 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 travelling and daily allowances to the Chairman, Vice -Chairman,
Treasurer and other members of the Committee;
(b) the payment of salaries, allowances and other sums payable to the Executive Officer,
other officers and employees of the Committee;
(c) the payment of any expenses lawfully incurred by the Committee or any office bearer or
member or officer or employee, in the exercise of their powers and performance of their duties
and functions under this Act.
(4) The Management Fund shall be operated in same manner as the Trust Fund is operated under
sub-section (4) of section 25.
28. Offerings received in cash or kind. — The Committee may, install one or more receptacles
such as Hundi or Cash Box or both at such place or places in the Devasthan or within the precincts
thereof as it may think fit for placing of offerings by the pilgrims and devotees visiting the Devasthan.
CHAPTER VII
BUDGET, ACCOUNTS AND AUDIT
29. Executive officer to submit budget to State Government. — (1) The Executive Officer
shall, at least one month before the commencement of each financial year, prepare in the prescribed
manner and form, a budget estimate of receipts and expenditure of the Devasthan Trust for the
following year, and place it before the Committee which may approve it without modifications, or with
such modifications, as it may deem fit.
(2) Every such budget shall make adequate provision for,—
(a) the scale of expenditure including any customary expenditure;
(b) the due discharge of all liabilities binding on the trust or religious institution;
(c) expenditure on religious, educational and charitable purposes including donations to
other trusts or religious institutions or patients consistent with the objects of the Devasthan Trust
or as provided or authorised by or under the provisions of this Act;
(d) for the encouragement and the spread of religious instructions according to th e tenets of
the Devasthan Trust;
(e) expenditure on constructio n, repairs and renovations of the buildings and preservation
and protection of the properties and assets of the Devasthan Trust; and
(f) the amount of expenditure that may be incurred by a Committee or the Executive Officer
towards the administration of the Devasthan Trust.
30. Accounts.— (1) The Committee shall keep regular accounts of all receipts and
disbursements for each financial year and shall contain all the particulars as may be prescribed.
(2) Wherever the State Government has reason to believe that,—
(a) the Committee is not keeping regular accounts of all receipts and disbursements as
required under sub-section (1); or
(b) the expenditure in relation to a Devasthan Trust is not being incurre d in accordance with
the budget; or
(c) it has become necessary to ascertain the fiscal position of the Devasthan Trust;
14 The Shree Shanaishwar Devasthan Trust [2018 : Mah. LVIII
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the State Government may direct the Committee,—
(i) to furnish true and audited accounts of the Devasthan Trust and in relation to such
period as may specify; or
(ii) where the accounts are not annually audited, to get the accounts in relation to such
period as he may specify, audited by the auditor appointed under sub -section (1) of section
31.
31. Audit.— (1) The accounts shall be audited or cause to be audited annually by the Committee
in accordance with the manner prescribed in rules made in this regard, and such rules shall also include
the provisions for appointment of auditor and remuneration which shall be paid to such auditor from
the Trust Fund.
(2) Every auditor conducting any audit under this Act, shall have access to the accounts and to all
books, vouchers, other documents and records in possession of, or under the control of, the Committee.
The Committee and the Executive Officer shall provide to such auditor all facilities for such access.
(3) The auditor shall submit his report to the Committee.
CHAPTER VIII
CONTROL
32. Power of State Government to give direction, call for report, document, etc. — (1) The
State Government may, give to the Committee general directio ns as to the matters of policy to be
followed by the Committee in respect of its powers and duties or in the matter of administration of the
Devasthan Trust and any matter ancillary or incidental thereto; and in particular, for any action to be
taken for the purpose of maintaining discipline and order during the festivals in, or connected with, the
Devasthan.
(2) The State Government or an officerExcerpt shown. Open the full act in Lexace.