[Act No. 03 of 1953] [18th February, 1953] An Act to provide for the maintenance,
preservation, better administration and governance of the Shri Mahakaleshwar
Temple at Ujjain Be it enacted as follows:- (1) This Act may be called "The
Madhya Bharat Shri Mahakaleshwar Temple Act, Samvat 2009". (2) It shall come into force on such
date as the Government may by notification in the Government Gazette appoint in
this behalf. This Act shall have effect, notwithstanding
anything to the contrary contained in the Indian Religious Endowment Act, 1863
or Qanoon Auqaf, Gwalior, Samvat 1983 or in any Scheme of Management framed by
the Court before the passing of this Act, or in any decree, custom or usage: Provided that the Committee may, with the previous
sanction of the Government, on a claim preferred within one year of the
commencement of this Act give such recognition and effect to any decree, custom
or usage relating to the Shri Mahakaleshwar Temple and its endowments, as it
may deem fit; and may at the same time provide that such decree, custom or
usage shall have effect subject to such exceptions or modifications as it may
direct. Any orders passed by the Committee under this proviso may, with the
previous sanction of the Government at any time be varied, modified or
rescinded. In this Act, unless there is anything repugnant in
the subject or context- (a) "The Temple" means the
Temple of Shri Mahakaleshwar in Ujjain, other temples within its premises
comprising Survey No. 2112 of the Survey of the year Sam vat 1984 in the city
of Ujjain, all its appurtenant and subordinate temples mentioned in Schedule
and any addition which may be made thereto after the commencement of this Act; (b) "Endowment" means all
property movable or immovable, belonging to or given or endowed for the
maintenance or improvement of, or additions to, or worship in the temple or for
the performance of any service or charity connected therewith and includes the
idols installed therein, the premises of the said Temple and gifts of property
made to any one within the precincts of the Temple; (c) "Committee" means the
Shri Mahakaleshwar Temple Committee constituted under this Act; (d) "Court" means the
principal Court of original civil jurisdiction within the local limits of which
the Temple is situated; and (e) "Commissioner" means
the Commissioner for Jagirs, Inams and Court of Wards or any other Officer
appointed by the Government for the purpose. Notwithstanding any custom to the contrary:- (a) the ownership of the Temple and
all the endowments which have been or may hereafter be made for the benefit of
Temple in the name of any person, or for the convenience, comfort or benefit of
the pilgrims, and (b) all offerings shall vest in the deity of Shri Mahakaleshwar and
the Committee shall be entitled to their possession. (1) The administration and the
governance of the Temple and its endowments shall be in the hands of a
Committee which shall be composed of the following five persons:- (a) The Collector of the District of
Ujjain; or if and so long as the Collector is not eligible for membership under
sub-section 3, the Deputy Collector or any other person appointed by the
Government in this behalf. (b) The Executive Engineer, P.W.D.
or if and so long as the Executive Engineer is not eligible for membership
under sub-section 3, any other officer of the P.W.D. appointed by the
Government in this behalf. (c) A representative of the
Municipal Committee of Ujjain elected by it from amongst its members. (d) A non-official nominated by the
Government. (e) A representative of the Pandas
elected in the manner provided in the Rules. (2) The Collector or the person
appointed under clause (a) of sub-section (1) shall be the Chairman of the
Committee. (3) No person who does not profess
Hindu religion and accept the form of worship practised at the Temple shall be
eligible for membership of the Committee. (4) The appointment of the members
and the Chairman shall be notified in the Government Gazette. The Committee shall be called the Shri
Mahakaleshwar Temple Committee. It shall be a body corporate
and shall have perpetual succession and a common seal and may by the said name
sue and be sued. The official and municipal members of the Committee
shall hold office till they hold the office by virtue of which they have been
so appointed and the non-official members nominated and elected respectively
under clauses (d) and (e) of sub-section (1) of section 5 shall hold office for
three years from the date of notification under sub-section (4) of section 5. The non-official members
shall be eligible for renomination and or re-election as the case may be. (1) The Government may remove the
Chairman or any member of the Committee on the following grounds:- (a) that he has been convicted by a
Criminal Court of any offence, which in the opinion of the Government involves
moral turpitude; (b) that he is of unsound mind or is
deaf or mute or suffers from contagious leprosy; (c) that he has applied to be
adjudged, or has been adjudged, insolvent; (d) that he has been guilty of
corruption or misconduct in the administration of the Temple or that some other
sufficient cause exists for his removal; (e) that he has absented himself
from more than three consecutive meetings of the Committee and is unable to
explain such absence to the satisfaction of the Commissioner; (f) that being a legal practitioner
he has acted or appeared on behalf of any person against the Committee in any
legal proceedings; or (g) that he is a paid employee of
the Temple. (2) No member shall be removed under
this Section unless he has been given a reasonable opportunity of showing cause
against his removal. (1) Casual vacancies in the Office
of the Chairman and members of the Committee shall be filled up in the same way
as provided for the original appointment. (2) The term of a member appointed
or elected, as the case may be, to fill a casual vacancy, shall expire on the
day on which the term of the member in whose vacancy the appointment has been
made would have expired. (3) Nothing done by the Committee
shall be invalid by reason of there being a casual vacancy in the Committee. (4) In the case of post to be filled
by a representative of the Municipal Committee, if no member is elected within
three months of the occurrence of a vacancy, the Government shall appoint a
person to fill the vacancy till a member is duly elected to fill the post. The meetings of the Committee shall be presided by
the Chairman and no business shall be transacted at any meeting unless at least
three members including the Chairman are present. The Committee shall appoint a Secretary who will be
its chief executive officer, and who shall maintain a record of the
proceedings at its meetings. (1) The Committee may, with the
approval of the Commissioner, from time to time determine the number,
designation and the grade of its officers and servants and the scale of
salaries and other remuneration for them and for the Secretary. (2) Except the Secretary, who may be
punished or removed only by the Committee, the Chairman of the Committee shall,
subject to such rules as the Committee may frame, have the power to appoint and
transfer from one post to another, other officers and servants and may fine,
reduce, suspend, remove or dismiss them for breach of rules or discipline, for
carelessness, unfitness, neglect of duty or misconduct or other sufficient
cause: Provided that in the case of servants whose pay is
not more than Rs. 20 per month the powers mentioned in this sub-section may be
delegated by the Chairman to the Secretary. The orders of the Chairman or the
Secretary under this sub-section shall be appealable to the Committee within 30
days of the passing of the order. (3) The Secretary may appeal to the
Commissioner, within 30 days of a resolution of the Committee removing him, who
may, on a consideration of all the relevant and available materials that he may
deem fit to consider, pass such orders as in his opinion may be just and
equitable, and such orders shall be final. Every member of the Committee shall be liable for
the loss, waste or misapplication of
any money or other property belonging to the Committee if such loss, waste or misapplication is
a direct consequence of his wilfull act or omission while a member, and a suit for
compensation may be instituted against him by the Government. (1) Jewelleries or other valuable
property of a non-perishable nature vested in the Committee shall not be
transferred without the previous sanction of the Committee and if the value of
the property is more than rupees one thousand, the previous approval of
the Commissioner shall also be necessary. (2) No immovable property, land held
on mortgage, lease or otherwise, vested in the Committee shall be leased for
more than one year, mortgaged, sold or otherwise alienated, except with the
previous sanction of the Commissioner. The Committee shall have no power to borrow money
from any person except with the previous sanction of the Commissioner. The Government shall every year appoint an auditor
to audit the accounts of the Temple and its endowments, and fix his remuneration
which shall be paid to such an auditor from the funds thereof. The auditor shall submit
his report to the Committee and send a copy of it to the Government which may
issue such directions thereon as it may deem fit and the Committee shall carry
out such direction. The Committee shall annually submit to the
Government a report on the administration of the affairs of the Temple at such
time as the Government may prescribe. The Government and the Commissioner shall have the
power to call for all such information and accounts as may in their opinion be
necessary for reasonably satisfying themselves that the Temple is properly
maintained, the endowments thereof are
properly administered, and their funds duly appropriated to the
purposes for which they were founded or exist; and the Committee shall on
such requisition, furnish forthwith such information and
accounts to the Government or the Commissioner, as the case may be. The Government may issue
such direction to the Committee as they may deem fit, and the Committee shall
carry them out. (1) The Government may depute an
officer to inspect any movable or immovable property, records, correspondence,
plans, accounts, and other documents relating to the Temple. The Committee and its
employees shall be bound to afford facilities to such officer for inspection. (2) The Government may fix
remuneration for such officer and the same shall be paid from the funds of the
Temple. (3) The Commissioner may, from time
to time, inspect the items mentioned in sub-section (1). Subject to the provisions of this Act or of any
Rules made thereunder, it shall be the duty of the Committee- (1) to arrange for the proper
performance of worship at the Temple; (2) to prepare and maintain an up to
date list of recognised Pandas functioning in the precincts of the Temple; (3) to provide facilities for the
proper performance of worship by the pilgrims; (4) to make arrangements for the
safe custody of the funds, valuable securities and jewelleries and for the preservation
of the property vested in the deity of Shri Mahakaleshwar; (5) to ensure that the funds of the
endowment are spent according to the wishes, so far as may be known, of the
donors; (6) to undertake for the benefit of
the worshippers and pilgrims- (a) the construction of buildings
for their accommodation, and (b) the construction of sanitary
works; (7) to make suitable arrangements
for the imparting of religious instruction and general education to the Pandas; (8) to make provision for medical
relief of worshippers and pilgrims; (9) to make provision for the
payment of suitable emoluments to its salaried staff; (10) to maintain and preserve the
Temple in good condition; (11) to arrange a safe custody for
the shoes left out by the pilgrims outside the Temple; (12) to regulate and control
assemblies at the time of Parvas, Melas or Utsavas and if need be to
requisition the help of police also for the purpose; and (13) to do all suck things as may be
incidental and conducive to the upkeep and efficient management of the Temple
and endowments and the convenience of the pilgrims. The members and servants of the Committee shall be
deemed to be public servants within the meaning of the Indian Penal Code while
performing duties under this Act. The form of worship at the Temple shall be the same
as is prevalent at the time of the commencement of this Act. It shall be the duty of
the Committee to ascertain and record it and to see that it is followed in the
future also. (1) The Committee shall prepare and
maintain a list of Pandas recognised as such by it. Only recognised Pandas
shall be allowed to work as Pandas at the Temple. Their duties shall be such
as may be determined by the Committee after considering the usage prevalent at
the commencement of this Act. (2) The Committee may debar a
person, working as Pandas at the Temple from working as such, if- (a) he is found guilty of an offence
involving moral turpitude, (b) in the opinion of the Committee
he is guilty of immorality, misconduct or breach of duty, or (c) he is of unsound mind or is
suffering from leprosy. The rights of a Panda shall be hereditary and in
event of the death, disability or removal of a Panda, his heir shall be
eligible to be declared a Panda in his place. Applications for mutation may be
submitted to the Chairman of the Committee and the Committee shall, after
hearing the parties and affording them every facility to produce evidence, if
any, pass such orders on it as it may deem fit. No fee or Court fee shall be charged for the
mutation proceedings under section 24 or in appeal under
section 26. An appeal shall lie to the Commissioner against an
order or decision of the Committee under section 24, within 30 days of the order or
decision. The allotment of seats to the pandas and
shopkeepers in the Temple shall be regulated and controlled by the Committee
and in doing so it shall have in view the convenience of the pilgrims visiting
the Temple. No provisions of the Madhya Bharat Accommodation
Control Act, Samvat 2006 shall apply to any place vested in the deity of Shree
Mahakaleshwar. No suit or proceeding shall lie in any Court
against the Government for anything done or purported to be done by it under
the provisions of this Act. (1) The Committee may, with the
previous approval of Government, make bye-laws for the administration and
governance of the Temple and its endowments not inconsistent with this Act or
the rules made thereunder or any Other law. (2) In particular and without
prejudice to the generality of the foregoing power such bye-laws may provide
for- (a) the division of duties among the
Chairman, the members and the Secretary of the Committee; (b) the manner in which their
decision may be ascertained, otherwise than at the meetings; (c) the procedure and conduct of
business at meeting of the Committee or its sub-committees; (d) the delegation of powers of the
Committee to individual members or to a sub-committee or sub-committees; (e) the books and accounts to be
kept at the office of the Committee; (f) the custody and investment of
funds of the Committee; (g) the details to be included in or
excluded from the budget of the Committee; (h) the time and place of its
meetings; (i) the manner in which notice of
its meetings shall be given; (j) the preservation of order and
conduct of proceedings at meetings and the powers which the Chairman may
exercise for the purpose of enforcing its decision; (k) the manner in which the
proceedings of its meeting shall be recorded and published; (l) the persons by whom receipts may
be granted for moneys paid to the Committee; (m) the maintenance of order inside
the Temple and regulating the entry of exit of persons therein or therefrom; (n) the performance of duties
provided in section 21; and (o) the enrolment and mutation of
Pandas. (3) All bye-laws after they have
been confirmed by the Government shall be published in the Government Gazette,
and shall thereafter have the force of law. (1) The Government may make rules
consistent with this Act to carry out its purposes. (2) In particular and without
prejudice to the generality of the foregoing power, such rules may provide for- (a) all matters expressly required
or allowed by this Act to be provided for by rules; (b) budgets, returns, accounts,
reports, and any other information to be submitted by the Committee; (c) the qualifications for officers
and servants of the Committee, the establishment of a provident fund for them
and generally the conditions of their service; and (d) the grant of leave and
travelling allowances to the officers and servants of the Committee including
the Secretary. SCHEDULE Under Section 3 (a) (1) Shree Onkareshwar Temple. (2) Temples of Shree Sabha Mandap. (1) Chandradityeshvar Temple. (2) Veerbhadra Gajanan. (3) Annpurna Murti Devijee. (4) Shree Ram Temple. (5) Avantikadevi. (6) Ghuveshvar Mahadeva. (3) Shree Kotiteerth. (4) Shree Koteshvar and Rameshvar. (5) Shree Mahadev Temples nearabout
Kotiteerth. (6) Mahadev 84. (7) Indreshvar Temple. (8) Dharmashala of Devaswala, (9) Govindeshvar Mahadev Temple. (10) Ganpati Temple. (11) Dharmashala of Kibe Saheb. (12) Siddhi Vinayak Temple. (13) Mahadev Temple. (14) Vishnu Temple. (15) Temples in Onkareshwar Courtyard
above Shree Mahakaleshvar Temple.- (1) Navagraha, (2) Maruti Temple. (3) Ganpati Temple, (4) Neelkantheshvar Temple, (5) Shree Rameshvar, (6) Second Ganpati Temple, (7) Ancient writings on stone of
Mahakaleshwar Temple, (8) Trivishveshvar Mahadev, (9) Ekadasharuddha, (10) Siddheshvar (Brihaspateshvar), (11) Sapteshvar, (12) Das Maruti, (13) Sakshi Gopal, (14) Third Ganpati Temple. (16) Shri Mahakaleshwar Dharmashala
and its temples:- (1) Vitthal Temple, (2) Mangaleshvar, (3) Siddheshvar, (4) Ganpati, (5) Narsingh, (6) Ram Temple. (17) Vriddhakaleshvar Temple and its
adjacent temples:- (1) Vriddhakaleshvar Temple, (2) Saptari-shi, (3) Anadi Kalpeshvar, (4) 19 Muafi-Temples, (5) Onkareshvar, (6) Ganpati, (7) Idols of Kalpvriksha Kamdhenu,
etc. with Mahadev, (8) Kashi Vish-wanath, (9) Mahadev, (10) Manmanke-shvar Mihadev, (11) Mahadev Temple, (12) Hanumanji Temple, (13) Samadhi of Guru Bherupuri, (14) Govardhan Temple.THE MADHYA
BHARAT SHRI MAHAKALESHWAR TEMPLE ACT, 1953
PREAMBLE