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THE PANDHARPUR TEMPLES ACT, 1973
MAHARASHTRA ACT No. IX of 1974
[3rd April, 1974]
An act to provide for the abolition of all the hereditary rights, privileges or ministrants and priestly classes functioning in the Temples of Vitthal and Rukmini at Pandbarpur ; 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 or 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 Devotas and the Vitthal Rukmini Devasthan Committee, all of Pandharpur, and registered as Public trusts under the Bombay Public Trusts Act, 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, consisting of Shri B.D Nadkarni, District Judge (Retired), to enquiry 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 2nd February,1970;
AND WHEREAS, after considering the recommendations and suggc 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 Committee 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, Rolis and other of performing Nitya or daily or naimittik or occasional, 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 follows:-
CHAPTER I PRELIMINARY
SECTION 01: 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 and different dates as may be appointed for different provisions of this Act.
SECTION 02: DEFINITIONS
In this Act, unless the context requires otherwise,
(a) “appointed day”, —
(i) in relation to the provisions of subsection (2) of section 1, sections 21 to 31, 33, 34, 38 and 39, means the 3rd July 1975 [being the date on which the provisions were brought into force under a notification issued Linder subsection (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 I
(b) "authorised 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 equivalent rank authorised by the State Government for the purposes of this Act;
(c) "Badves", in relation 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 priest managers, guardians and overseers duly of the idol, temple and property belong thereto, and as such bound to keep. order, and to bid the Sevadharis perform to duties which belong hereditarily to those priests ; but are declared to be not the owners of the temple, idol or the property aforesaid; and 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 1 5. Gangaram Babuji Badve and others in Appeal No. 141 or 1892 ; and Gangaram Babaji Badve and others (origional 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 plaintiffs) (Appeal No. 130 of 1890) and Govardhan Vithal 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 and other rights and privileges claimed under any order or decree of any court or otherwise in the Temple of God Vitthal : and include as Divaskar, Badva;
(a) "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 hands 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 !be customary 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 of otherwise ;
(e)"by laws" means by laws made by the Committee under this Act
(f) "Committee" means the Committee established under section 21 of 'his Act and Includes the temporary Committee appointed under that section:
(g) "daily or nitya services means the services rendered daily in the Temple of God Vitthal describe(! in Schedule A hereto and in the Temple of Goddess Rukmini in the same 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 front 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 mace-bearer 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 later may he pleased 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 and 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 God; 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 Ramachandra Babaji vs Gangaram Babaji Krishna Babaji Vishwanath Gopal and Others (Appeal No. 37) and Gangaram Babaji Krishna Babaji Vishwanath Gopal and Others vs. Ramachandra Babaji in Appeal No. 44 or 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 Badwa or Utpat" means the Vadva or Utpat who purchases the right of Badves or Utpats of taking the next day's offerings made by devotees or pilgrims 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 alter the idol is grassed 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 spreading 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 'hat may he 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 privilege recognised by the decision of the High Court in Gangaram Babaji Badve and others vs. Govardhan Vithal Dingre and others and Govardhan Vithal Dingre and others vs. Gangaram Babaji Badve and others (1894 P.J. 6); and includes any other rights and privileges claimed or exercised under any order or decree of any court or otherwise :
(k) "District Court" means the District Court at Sholapur;
(1) "Diwate" means a person who exercises the hereditary right of being present with torch in hand in the Temple of God Vitthal from kakadarti till shejarti; of attending (not in the inner anti-chamber of the deity) all daily pujas and daily and special upeharas, of attending all kinds of yajman pujas wherein abhishek with pancharmit 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 mantra is recited near the shrine of Garud, of 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 wooden 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 twelfth share in the income of Sevadharis, 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 Ramachandra Divte vs. Gangaram Babaji and others in Appeal No. 39 of 1893; and Gangaram Babaji and others vs. Gopal Ramachandra Divte in Appeal No. 45 of 1893 decided on 28th 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, support 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 tile Temples, under the control of the Committee for -my pious, religious or charitable purpose ; and
(v) any property purchased out of the Temple Fund;
Explanation: -Any gift, inam or jagir granted to a Badva, Sevadhari or Utpat o to any other person for the performance of any service including the service of offering to the deity or idol or charity in or 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 of 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 1, 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 ask 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 privileges 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
(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) "member" means a member of the Committee
(t) "occasional or naimittik services" means services rendered occasionally in "he Temples of God Vitthal and Goddess Rukmini specified in Schedule B thereto, 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 relevant 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 right 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 Bhadve and handing ir 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 incense 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 a cloth and going round 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 income 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. I 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 another ; 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, paintings on walls and photographs 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 (the Pariwar Devatas of Vittha being registered as a separate trust under the Public Trusts Act, and the Pariwar Devatas of Rukmini (including the deities of Satyahhama and Rahi or Radhik being inc in the Rukmini Trust whkh is also registered under that Act)
(x) “person having interest” means a person who claims to he entided to pay 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 -Ic means the Bombay Public TrusLs Act. I
(za) regirtered trusts’ means the trusts specified in Schedule C hereto and includes the trusts which may be amalgamated or added thereto under this Act
(zh) “ScvadharLc” 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 “Flardas”;
(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) “ means the person who, being in exclusive charge of the Temple of the Goddess Rukmini and the Parivar Devatas thereof, exercises the hereditary right and privilege or performing nitva or daily or naimitt 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 hut not defined shall have the meaning respectively assigned to them in the Public Trusts Act.
SECTIONS 03: 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 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.
CHAPTER II ABOLITION OF RIGHTS AND PRIVELEGES OF BADVES SEVADHARIS, UTPATS ETC, AND PAYMENT OF AMOUNTS
SECTION 04: ABOLITION OR 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 Bathes 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 Devatas, 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 yajnians 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 nhtya 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 Committee formed under rule V of the rules for the management of the property of the idol Vitthal, approved by the High Court in Sakharam fihimaji Benar and others is. Gangaram Babaji Badve and others in Appeal No. 141 and Gangarain Babaji Badve and others (original defendants) vs. Sakharain Vaman (with the consent of the Advocate General) and others (original plaintiffs) in Appeal No. 168 (1896, Pi. 644), the Samastha Badve Mandal. the Samastha Badve Samaj, the Utpat Committee, if any, or any other body by whatever 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.
SECTION 05: CONSEQUENCES OF ABOLITION OF RIGHTS AND PRIVILEGES, ETC
(1) On the abolluon 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 ret trusts, and the superintendence, direction and control thereof (including their administration it and over twice ) shall stand transferred to, mid 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 s’ i endowment or trusts shall hand over all such property to the Executive Officer on behalf
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