Maharashtra act 011 of 1980 : The Eradication of Unfair Activities at Pandharpur Temples (for providing better facilities for worship) Act, 1980.

(1) This Act may be called the Eradication of Unfair Activities at Pandharpur Temples (for providing better facilities for worship) Act, 1980.

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(2) It shall come into force at once.

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It this Act, unless the context otherwise requires,-

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(a) "Pandharpur Temples" means the Temples as defined in clause in clause (zc) of section 2 of the Pandharpur temples Act, 1973 (Mah. IX of 1974), at Pandharpur, in Solapur District, in the State of Maharashtra;

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(b) words and expressions used in this Act, but not defined shall have the meanings, respectively assigned to them in the Pandharpur Temples Act, 1973 (Mah. IX of 1974).

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Whoever-

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(a) prevents or discourages any person from entering the Pandharpur Temples for worshipping or offering prayers or performing any religious service or ceremony therein, during the period the temple is open to the visitors ;

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(b) demands or insists for any dakshina, offering, donation, gift, fee or other charge whatsoever from any such person for darshan or padsparsha of the deity ;

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(c) demands or insists for any unreasonable dakshina, offering, donation, gift, fee or other charge from any such person for performing religious service or ceremony for him or on his behlalf ;

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(d) insults, annoys, abuses, molests or injures any such person for hesitating to pay or to agree to pay or for refusing to pay or with the intention to force him to pay any charges under clause (b) or any unreasonable charges under clause (c) as the case may be,

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shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

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Explanation.- For the purposes of this section, when any religious service or ceremony is performed or is proposed to be performed for any person or on his behalf, the expression "demanding or insisting for unreasonable charges" shall include pestering, demanding or soliciting that person, when he has made his offering or the proposes to make his offering, to make offering of the same value for different classes of ministrants or priests or, without settling the charges before hand, pestering, demanding or soliciting him to make separate offerings of the same or different value at different stages of the same service or ceremony.

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Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence under this Act shall be cognizable and every such offence may, with the permission of the Court, be compounded.

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(1) The State Government or the District Magistrate may, from time to time, appoint or authorised one or more officers, wardens and other persons for proper enforcement of this Act and give them such designations and duties as it or he may deem fit.

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(2) Subject to the superintendence, direction and control of the State Government and the District Magistrate, the persons so appointed or authorised shall exercise general supervision over all persons visiting, and those rendering any services in, any of the Pandharpur Temples, with a view to see that there is no contravention of any of the provisions of this Act and to take necessary steps to prevent such contravention and, in suitable cases, to initiate and supervise prosecution proceedings for contravention of any provisions of this Act.

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(3) The State Government may, by notification in the Official Gazette, confer on the persons appointed or authorised under this section, such powers, including those of any police officers, as it may deem necessary to enable them to carry out the duties imposed on them under this Act :

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Provided that, the power to arrest any person without warrant shall not be conferred on any person, who is not a Government servant.

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No suit, prosecution or other legal proceeding shall lie against the State Government, the District Magistrate or any person appointed or authorised under this Act for anything which is in good faith done or intended to be done by any of them under this Act.

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