Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com MAHARASHTRA RELIGIOUS ENDOWMENTS (RECONSTRUCTION ON RESETTLEMENT SITES) ACT, 1970 30 of 1970 [15th July, 1970] CONTENTS 1. Short: title, exlenl and commencement. 2. Definitions. 3. Notice of award of compensation. 4. Power of State Government to require Collector t.o reconstruct place of worship. 5. Provisions in respect of reconstructed endowments. 6. Power of State Government to refer to Charity Commissioner for framing schemes for reconstructed endowment if trustees do not accept it 7 . Penalty for refusal to hand over property to trustees of reconstructed endowment. 8. Application. 9. Appeal. 10. . 11. Inquiries to be judicial inquiries. 12. Limitations. 13. Indemnily from suits and proceedings. 14. Rules. MAHARASHTRA RELIGIOUS ENDOWMENTS (RECONSTRUCTION ON RESETTLEMENT SITES) ACT, 1970 30 of 1970 [15th July, 1970] An Act to provide for the reconstruction of religious endowments acquired for any project in resettlement sites provided by the State Government and for matters connected therewith. Whereas it is expeclient to provide for the reconstruction of religious endowments acquired for any projecl in resettlement sites provided by the State Government and for matters connecled therewith; It it. hereby enacted in the Twenty-first Year of the Republic of India as follows:- 1. Short: title, exlenl and commencement. :- (1) This Act may be called the MAHARASHTRA RELIGIOUS ENDOWMENTS (RECONSTRUCTION ON RESETTLEMENT SITES) ACT, 1970 . (2) It extends to the whole of the State of Maharashtra. (3) It shall come into force on such date as the State Government may, by nolification in the Official Gazette, appoint in this behalf. 2. Definitions. :- In this Act unless the context requires othenvise ,- (a) "acquired endowment" means a religious endowment acquired by the State Government for the purposes of any project; (b) "compelent authority" means the Collector, and indudes any other officer appointed by the State Government may, by notification in the Oflicial Gazette, to perform all or any of the functions of a competent authority under this Act; (c) "project" means any irrigation, power or any other project executed or to be executed by the State Government; (d) "reconstructed endowment" means a religious endowment which is reconstrucled on a resettlement site with the assistance of the compensation money received in respect of any acquired endowment as provided in the Act; (e) "religious endowment" means any temple, mosque, church, agyari, synagogue or any endowment created for religious worship or other public religious purpose: (f) "resettlement sile" means the site provided or to be provided by the State Government for resettling persons who have been or will be displaced by the acquisition of land for a project; (g) "trustee" means a trustee of a religious endowment; 3. Notice of award of compensation. :- (1) Whereas due to any projecl executed or lo be executed by the State Government, any religious endowment is acquired by the State Government under any law for the tiine being in force, and the amount of compensation therefor, and the person to whom such amount is to be paid, have been finally determined under such law, a notificalion to that effect shall be published in the Official Gazelte and in such other manner as the competent authority may deem fit, stating the name of the religious endowment together with plans or photographs thereof, if any, or any document containing any description or information of such endowment including any instrument of trust in respect thereof, the names of persons including trustees lo whom the amount of compensation should be paid and requiring such persons to claim the compensation and pass a receipt in token of hFving received it within sixty days from the date of the publication of such notification in the Official Gazette. The competent authority shall also cause a copy of such notification to be forwarded to the trustee to whom the compensation is to be paid. (2) If 110 trustees are ascertainable or all the trustees dp not claim the amount of compensation and pass a receipt Signed by all the trustees in token of having received such amount within a period of sixty days aforesaid, then the amount of the compensation determined as aforesaid shall vest in the State Government for the purposes of reconstructing the religious endowment on resettlement site as provided in this Act. 4. Power of State Government to require Collector t.o reconstruct place of worship. :- (1) Where any compensation is vested in the State Government under section 3 , the State Government may, subject to the provisions of this section, by order require the competent authority to reconstruct the religious endowment on such site as may be specified in the order, such site being situated as far as possible in the vulage where persons displaced from any area in which such acquired endowment was situated have been resettled. (2) The religious endowment shall, subject to the provisions of rules made in this behalf, be reconstructed on resettlement site, as far as possible as can be ascertained with the general wishes of those who will be interested in such endowment when reconstructed, so however that the cost of reconstruction shall not exceed the amount of compensation vested in the State Government and the amount of any grant or contribution received for reconstructing the endowment. (3) The rules made under sub-section (2) may provide for powers of the competent authority for reconstructing the endowment, the installation of image of the deily, of any size, shape, architectural design and all matters incidental to, or connected with, the reconstructing of the religious endowment concerned. (4) The competent authority shall after the religious endowment is reconstructed inform the State Government accordingly. 5. Provisions in respect of reconstructed endowments. :- (1) Every reconstructed endowment shall be registered as a public trust for the purposes of the Bombay Public Trusts Act, 1950 : and the provisions of Chapler IV of that Act relating to the registration of public trusts shall, as far as may be apply to the making of entries in the register kept under Section 17 of the Bombay Public Trusts Act, 1950 that Act. The entries so made shall be linal and conclusive. (2) The property- movable and immovable and all inlerests of whatsoever nature or kind therein which vested in the acquired endowment shall be deemed to be transferred to and shall vest in, without further assurance the reconstructed endowment; and if any such property is burdened with any encumbrances, such encumbrances shall be transferred therefrom and shall be deemed lo be attached to the reconstructed endowment and the lessee, mortagagee, creditor, or as the case may be any other encumbrancer shall exercise his rights accordingly. (3) Save as expressly provided aforesaid, all rights, liabili es and obliga ons (including contracts) and the instrument of trust, if any, and all suits and legal proceedings in relation to the acquired endowment shall subject to the provisions of sub-section (2) of section 6 , be deemed to be the rights, liabili es and obliga ons, contracts and the instrument of trust, or as the case may be, suits or legal proceedings in relation to the reconstructed endowment. 6. Power of State Government to refer to Charity Commissioner for framing schemes for reconstructed endowment if trustees do not accept it :- (1) The State Government shall, from the date as it may determine, offer to transfer the reconstructed endowment to the trustees of the acquired endowment; and on accepting the offer, the reconstructed endowment shall. subject to the provisions of section 5 , vest in the trustees and the trustees shall, subjecl to any order of the State Government, administer and manage the reconstructed endowment in all respects as the: acquired endowment was administered and managed before the commencement of this Act, regard being had to the instrument of trust, if under which the acquired endowment was crealed. (2) If the trustees fail to accept the offer within sixty days from the date of the offer or such extendecl period as the State Government may permi t in this behalf, the State Government rnay by order refer the mailer to the Charity Commissioner, and thereupon, the provisions of Section 50A of the Bombay Public Trusts Act, 1950 Section 72 of the Bombay Public Trusts Act, 1950 (Bom XXIX of 1950) and all provisions of this Act applicable thereto shall apply in rela on to the reconstructed endowment as they apply in relation to public trusts under section 50A. 7. Penalty for refusal to hand over property to trustees of reconstructed endowment. :- (1) On the appointment of any trustee or trustees of any reconstructed endowment in pursuance of the provisions of section 6 , the trustees of the acquired endowment shall forthwith hanel over the property of the acquired endowment in their possession or under their control to the trustees of the reconstructed endowment so appointed. (2) If the truslees of any acquired endowment fail or refuse to transfer any property belonging to such endowment being property which is deemed to be transferred to and vested in the reconstructed endowment by operation of the sub-section (2) of section 5 to the trustees of the reconstructed trust within forty-five days or such extended period as the State Government may permit in this behalf, aiter the appointment of such trustees, the State Government or any authority empowered by the State Government in this behalf may, by order in writing, direct the trustees of the acquired endowment who are in possession or control of the property of such endowment to forth with hand over such property to the trustees of the reconstructed endowment appointed as aforesaid. (3) If the trustees of the acquired endowment do not comply with any direction issued under sub-section (2), the State Government may take steps to recover the property in the possession or control of such trustees, and for that purpose the State Government may authorise any officer to issue a search warrant and exercise all such powers with respect thereto as may be lawfully exercised by a Magistrate under Chapter VII of the Code of Criminal Procedure, 1898 (V of 1898). The property so recovered shall be handed over to the trustees of the reconstructed endowment appointed as aforesaid. (4) If the trustees of the acquired endowment do not comply with any direction issued under sub-section (2), otherwise than for reasons beyond their control. they shall, on conviction, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees or with both. 8. Application. :- (1) Any person aggrieved by any decision or order of the competent authority given or made under this Act, or any rules thereunder may, within sixty days from the date of such decision or order, apply to the State Government to set aside such decision or order. Pending the disposal of the application, the State Government may, if there is prima facie case for a stay order, make a stay order, subject to any terms and conditions as may be specified in the stay order. (2) The State Government after making such inquiry and considering such evidence, both oral and documentary as may be adduced, may confirm, revoke or modify the decision or order of the competent authority. 9. Appeal. :- (1) Any person aggrieved by any decision or order of the State Government under this Act (except an order to refer the matter to the Charity Commissioner under section 6 ), may appeal to the Maharashtra Revenue Tribunal constituted under the Maharashtra Land Revenue Code, 1966, (Mah XLI of 1966)in the manner providecl by rules made in that behalf. (2) Subject to the decision of the Maharashtra Revenue Tribunal in appeal, the decision of the State Government shall be linal and conclusive. 10. . :- Officers holding inquiries to have powers of civil court. In holding inquiries for the purpose of this Act, the officer or authority holding the same shall have the same powers as are vested in courts in respect of following matters under the Code of Civil Procedure, 1908 in trying a suit:- (V of 1908) (a) proof of facts by affidavits; (b) summoning and enforcing the attendance of any person and examining him on oath; (c) compelling the production of documents; (d) issuing of commissions. 11. Inquiries to be judicial inquiries. :- All inquiries and appeals under this Act shall be deemed to be juclicial proceedings within the meaning of Section 193, Section 219 and Section 228 of the Indian Penal Code, 1860 (XLV of 1860) 12. Limitations. :- In computing the period of appeal under this Act, the provisions of Section 4 Of the Limitation Act, 1963 Section 5 Of the Limitation Act, 1963 Section 12 Of the Limitation Act, 1963 (36 of 1963) shall apply to the filling of such appeals. 13. Indemnily from suits and proceedings. :- No suit, prosecution or other legal proceedings shall be instituted against the State Government or any officer or authority in respect anything in good faith done or purporting to be done under this Act or rules made thereunder. 14. Rules. :- (1) The State Government may make rules for the purpose of carrying into effect the provisions of this Act including provision for the imposition of fees for the purposes of this Act. (2) All rules made under this section shall be subject to the condition of previous publication. (3) Every rule made under this section shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days, which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following both Houses agree in making modification in the rule or Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall, from the date of publication of such notification, have effect only in such moclified form or be of no effect, as the case may be, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.