The Sanwariaji Temple Board Act, 1992

SHRI SANWALIAJI TEMPLE ACT, 1992 (36) 
LAW (LEGISLATIVE DRAFTING) DEPARTMENT (GROUP-II) 
NOTIFICATION 
Jaipur, April 1, 1992 
No.F.2 (1) Vidhi-2/92.-In pursuance of clause (3) of Article 348 of the Constitution 
of India, the Governor is pleased to authorise the publication in the Rajasthan 
Gazette of the following translation in the English language of Shri Sanwaliaji 
Mandir Adhiniyam, 1992 (1992 Ka Adhiniyam Sankhya 8): 
SHRI SANWALIAJI TEMPLE ACT, 1992 
(Act No. 8 of 1992) 
 
(Received the assent of the President on the 26th day of March, 1992) 
An  
                                                      Act 
to provide for better management, administration and governance of Shri 
Sanwaliaji Temple at Mandphia, District Chittorgarh together with its 
endowments including the lands and buildings attached or appertenant to 
it. 
Be it enacted by the Rajasthan State Legislatur e in the Forty -third 
Year of the Republic of India as follows:- 
1. Short title, extent and commencement: 
(1) This Act may be called Shri Sanwaliaji Temple Act, 1992. 
 (2) It shall extend to the whole of the State of Rajasthan. 
(3) It shall be deemed to have come into force on 2nd December, 1991. 
2. Act to override other laws :-This Act shall have effect notwith - 
standing anything to the cont rary contained in any law or in any scheme 
of management, decree, custom, usage or instrument. 
 
3. Definitions: In this Act, unless the context otherwise requires - 
(a) "Board" means Shri Sanwaliaji Temple Board constituted under this 
Act; 
(b) "Endowment" means  all property, movable or immovable belonging 
to or given or endowed in any name for the maintenance, improvement, 
addition or support of the temple or for the performance of worship in 
the temple, or any service or charity connected therewith or for  the 
benefit, convenience or comfort of the pilgrims visiting the temple and 
includes- 
(i) the idols installed in the temple, 
(ii) the premises of the temple, 
(iii) all lands and other properties, movable or immovable 
wherever situate and all income derived from any source whatsoever, 
and standing in any name dedicated to the temple or placed for any 
religious, pious or charitable pur poses under the Board or purchased 
from out of endowments or income accruing from such endowments and 
all offerings a nd bhents made for and r eceived on behalf of the temple,  
and 
(iv) the properties, movable or immovable, held by the Board of 
Trustees of Shri Sanwali aji Trust including funds cons tituted and 
managed by the Board of Trustees; 
(c) "Chief Executive Officer" m eans the Chief Executive Officer of the 
Temple appointed under this Act; 
(d) "Prescribed" means prescribed by rules made under this Act; 
(e) "Temple" means the temple of Shri Sanwaliaji, Mandphia, District 
Chittorgarh; 
(f) "Shri Sanwaliaji Trust" means the trust known by this name under the 
deed of trust registered under the Rajasthan Public Trusts Act, 1959 on 
19-06-1986 by the Devasthan Department; 
(g) "Temple Fund" means the endowments and includes - all sums, 
offerings, bhents and any other gift or cont ribution made for the benefit 
of the Shrine and also includes all the endowments which have been or 
may hereafter be made for the benefit of the Shrine, its seva puja and for 
the purposes subservient to the purposes mentioned in the deed of Shri 
Sanwaliaji Trust; and  
(h) "Sewa Puja" means all kinds of service, worship, rites and rituals as 
performed traditionally in the temple. 
4. Vesting of Property :  The ownership of the temple and all its 
endowments including all offerings which have been or may hereafter be 
made and the temple fund shall vest in the deity of the temple.  
5. Administration to vest in the Board :  (1) The administration, 
management and governance of the temple and all its endowmants 
including all offerings which have been or may hereafter be made shall 
vest in the Board constituted under the Act.  
(2) The Board shall be a body corporate by the name of Shri 
Sanwaliaji Temple Board and shall have perpetual succession, and a 
common seal with power to acquire and hold property, both movable 
and immovable, and may sue or be sued in the said name. 
  
 
6. Composition of the Board :  
(1) The Board shall consists of the President, the Collector of 
Chittorgarh District, the Devasthan Commissioner, Chief Executive 
Officer and seven other members.  
(2) The State Government shall nominate eight members in the 
following manner;  
(ii) three persons who have distinguished themselves in the service 
of Hindu religion or culture, specially in the Vaishnava 
Sampradaya;  
(iii) three persons who have distingui shed themselves in the 
administration, legal affairs and official matter;  
(iv) two eminent Hindus of the State of Rajasthan; and  
(v) the established tradition of representation of sixteen villages 
around the temple including Mandphia as recorded in the t rust 
deed shall be carried out so far as practicable while nominating the 
Board and at least three members including President shall be from 
amongst the residents of the villages mentioned in the Schedule. 
The State Government shall nominate one of the members thus 
nominated as the President of the Board. 
(3) A person shall not be eligible for nomination as the president or 
a member of the Board; if –  
(i) he is of unsound mind and stands so declared by a 
competent court, or  
(ii) he has been convicted o f any offence involving moral 
turpitude, or  
(iii) he has applied for being adjudicated an isolvent or is an 
undischarged insolvent, or  
(iv) he is a minor "Deleted"1, or  
(v) he is an office -holder or a servant of the temple or is in 
receipt of any emoluments or perquisites from the temple, or  
(vi) he is interested in a subsisting contract for making any 
supplies to, or executing any work on behalf of the temple or 
as legal practitioner for or against the temple, or  
(vii) he does not profess Hindu religion.  
(4) The Collector and the Devasthan Commissioner shall be Ex -
Officio members of the Board.  
(5) The Chief Executive Officer shall be ex -officio members - 
secretary of the Board.  
7. Term of Office of the Members :  The members of the Board, other 
than the Exofficio members thereof, shall, subject to the provisions of 
section 8, 9 and 11 hold office for a period of three years from the date 
of their nomination :  
Provided that the outgoing members shall continue to hold office 
till the constitution of the Board.  
8. Relinquishment of Office :  Any member, other than the ex -officio 
members of the Board may resign his office by giving a notice in writing 
                                                           
1 Deleted “or a  deaf-mute or suffering from leprosy”  vide Gaz ette Notification 
F.2(22)Vidhi/2/2022 on date 8th March, 2023. 
to the State Government and on such resignation his office shall become 
vacant.  
9. Removal of members : 
(1) The State Government may remove from office any members, 
other than the ex -officio members of the Board, on any of the following 
grounds, namely :  
(a) that he is or ha s become disqualified for such appointment for 
any of the reasons specified in sub-section (3) of section 6; or  
(b) that he has absented himself from more than four consecutive 
meetings of the Board without obtaining leave of absence; or  
(c) that he has been guilty of corruption or misconduct in the 
administration of the endowment.  
(2) No person shall be removed under this section unless he has 
been given a reasonable opportunity of showing cause against his 
removal.  
10. Filling up of casual vacancy :  Casual vacancies in the office of the 
President or any member of the Board, other than the ex -officio 
members, caused by death, resignation, removal or otherwise shall be 
filled up by the State Government by appointment of persons who are 
not disqualified under sub-section (3) of section 6.  
11. Dissolution and reconstitution of Board :  (1) if in the opinion of 
the State Government the Board is not competent to perform or 
persistently makes default in performing the duties imposed on it under 
this Act, or exceeds or abuses its powers, or fails to comply with the 
directions issued by the State Government, the State Government after 
due inquiry, may, by notification in the Official Gazette, dissolve the 
Board and  direct the immediate reconstitution of another  Board in 
accordance with the provisions of this Act. 
(2) Before issuing a notification under sub -section (1) the State 
Government shall communicate to the Board the grounds on which it 
proposes to do so, fix a reasonable time for the Board to show cause 
against the proposal and consider its explanations or objections, if any.  
(3) Where the Board is dissolved under this section, the State 
Government shall appoint a person to perform the functions and exercise 
the powers of the Board until the constitution of another Board in 
accordance with the provisions of this Act.  
 
12. Eligibility of Persons for re -appointment : Any person ceasing to 
be a member shall, unless disqualified under sub-section (3) of section 6, 
be eligible for re-appointment.  
 
13. Liability for Loss etc. : Every member of the Board including  the 
President shall be liable for the loss, wastes or misapplication of any 
money or other property belonging to, or constituting the endowment if 
such loss, waste or misapplication is a direct consequence of his wilful 
act or omission while holding office, and a suit for compensation may be 
instituted against him by the Board or by the State Government.  
 
14. Remuneration to members : Every member of the Board including 
the President shall be entitled to receive from out of the temple funds 
such travelling and halting allowances as may be prescribed.  
 
15. Office and meetings of the Board :  
(1) The office of the board shall be at Mandphia, District Chittorgarh.  
(2) The quorum for a meeting of the Board shall be five.  
(3) Every meeting of the Board shall  be presided over by the Preisent 
and in his absence by a member to be chosen by the members present to 
preside for the occasion.  
(4) Questions arising at a meeting of the Board shall be decided by a 
majority of the votes of the members present there and voting and, in 
every case of quality of votes, the President or the person presiding shall 
have and exercise a casting vote. 
16. Defect or vacancy not to invalidate acts : No act or proceedings of 
the Board or of any person acting as the President or a member of the 
Board shall be deemed to be invalid by reason only of the existence or a 
vacancy among its members or a defect in the constitution thereof or on 
the ground that the President or any member of the Board was not 
entitled to hold or to continue in office by reason of any disqualification 
or by reason of any irregularity or illegality in his appointment.  
 
17. Duties of the Board : Subject to the provisions of this Ac t and of 
the Rules made thereunder the Board shall manage the endowments 
including the properties, both movable and immovable, incomes, bhents 
and offerings of the temple, seva -puja in accordance with established 
tenents of the temple through hereditary pujaries, and also secular affairs 
of the temple. The Board shall also ensure arrangement and grants for 
the observances of daily rituals and Samayot-sava at the temple :  
Provided that the State Government shall have the power to issue 
specific directions to the Board with regard to performance of its duties, 
and the Board shall comply with such directions. 
18. Saving of established usages and customs : Save as otherwise 
expressely provided in or under this Act, nothing herein contained shall 
affect any esta blished usage of the temple or the rights, honours, 
emoluments and perquisites to which any person may, by custom or 
otherwise, be entitled in the temple, including the hereditary rights of the 
Pujaris to obtain direct Aarati offerings and also monthly foo d offering 
to masses.  
 
19. Aliention of movable and immovable properties :  
(1) No jewelleries or other valuable movable property of non -
perishable nature of which the administration vests in the Board shall be 
transferred without the previous sanction of  the Board, and if the value 
of the property to be transferred exceeds rupees ten thousand, the 
previous approval of the State Government shall also be necessary.  
(2) No immovable property attached or appertenant to the temple 
shall be leased for more tha n five years or mortgaged, sold or otherwise 
alienated without the previous sanction of the State Government.  
20. Chief Executive Officer :  
(1) The State Government shall appoint a person professing the 
Hindu religion to be the Chief Executive Officer of the temple.  
(2) The Chief Executive Officer shall be a whole -time officer of the 
temple and shall be paid out of the temple fund such salary  as the State 
Government may from time to time fix.  
(3) The other conditions of service of the Chief Executive Officer 
shall be such as may be determined by the State Government.  
(4) The Chief Executive Officer shall, subject to the control of the 
Board, have general power to carry out the provisions of this Act.  
(5) He shall also act as Secretary to the Board.  
21. Powers and Duties of the Chief Executive Officer :  
(1) Subject to such directions as may be sumsied for time to time the 
Chief Executive Of ficer shall be responsible for the custody of all the 
records and properties of the temple and shall arrange for the proper 
collection of the offerings made in the temple.  
(2) He shall have power -  
(i) to lease out for a period not exceeding three years for lands and 
buildings of the temple, which are ordinarily leased out, and  
(ii) to call for tenders for works or supplies and accept such tenders 
when the amount or value thereof does not exceed five thousand rupees.  
(3) The Chief Executive Officer may,  in cases of emergency, direct 
the execution of any work or the doing of any act which is not provided 
for in the budget for the year and the immediate execution or doing of 
which is, in his opinion, necessary for the preservation of the properties 
of the temple or for the pervice or safety of the pilgrims resorting 
thereto, and may further direct that the expenses of executing such work 
or doing such act shall be paid from the funds of the temple. In every 
such case the Chief Executive Officer shall forthw ith report to the Board 
the action so taken and the reason therefor.  
(4) The Chief Executive Officer shall perform such other duties, 
and exercise such other powers as may be prescribed or as may be 
delegated to him by the Board. 
22. Other Officers and Se rvants : The Board may subject to any 
general or special directions issued by the State Government, appoint, 
suspend, remove dismiss or reduce in rank or in any way punish all 
officers and servants of the Board other than Chief Executive Officer, in 
accordance with rules made by the State Government :  
Provided that the Board may, subject as aforesaid, direct that one 
person shall be appointed to discharge the duties of any two or more 
officers.  
23. Budget :  
(1) The Board shall, within three months from t aking charges of its 
office, and thereafter at least one month befor the commencement of 
each official year prepare or cause to be prepared a budget for the 
succeeding year and shall consider and pass the same at a meeting 
before the commencement of the year.  
(2) A copy of the budget so passed shall be sent to the State 
Government which shall have a right to change, modify or curtail or 
enhance it and the budget so approved by the Statement Government 
shall be the budget of the Board for that financial year.  
24. Accounts :  
(1) The Board shall, within six months from the end of the each 
officer year, make up correct accounts of the receipts and expenditure in 
connection with the administration of the temple for the preceding year.  
(2) Such accounts shall be audited by an auditor to be appointed by 
the State Government, which shall also fix the remuneration to be paid 
to such auditor out of the funds of the temple.  
(3) The auditor shall submit his report to the Board and send a copy 
of the same to the State Government.  
(4) The State Government may give such directions and pass such 
orders on the report of the auditor or otherwise as it may think fit and the 
Board shall carry them out.  
25. Administration Report :  
(1) The Board shall annually prepare and submit to the State 
Government a report on the administration of the affairs of the temple 
and its endowments within six months of the close of each year.  
(2) Such report, together with the accounts of the temple a nd the 
report of the auditor thereon, shall be published in the Official Gazette.  
26. Power of State Government to call for information and accounts 
: The State Government shall have power to call for all such information 
and accounts as may, in its opini on, be reasonable necessary to satisfy it 
that the affairs of the temple are being property administered and the 
funds of the temple are being duly appropriated to the purpose for which 
they exist; and the Board shall on such requisition, furnish forthwith  
such information and accounts to the State Government.  
27. Inspection : The State Government may depute any person to 
inspect any movable or immovable property, records, correspondence, 
plans, accounts and other documents relating to the temple and its 
endowments and the Board and its officers and servants shall be bound 
to afford all facilities to such person for such inspection. 
28. Purposes for which the temple fund may be utilised :  
(1) The funds of the temple may be utilised for all or any of the 
following purposes, namely :  
(i) the administration and maintenance of the temple and the 
performance of the daily worship and ceremonies and the observance of 
festivals therein;  
(ii) the foundation and maintenance of hospitals and dispensaries 
for the relief of the pilgrims and worshippers visiting the temple and 
other educational and charitable purposes including monthly food 
offering;  
(iii) the construction and maintenance of dharamshal as and rest 
house for the use and accommodation of such pilgrims and worshippers;  
(iv) the provisions of water supply and other sanitary arrangements 
therein;  
(v) the acquision of any property authorised by the State 
Government; and  
(vi) the construction and maintenance of roads and communications 
and the lighting thereof for the convenience of the pilgrims and 
worshippers.  
(2) Without prejudice to the purposes referred to in sub -section (1) the 
Board may, with the previous sanction of the State Governm ent, order 
that the surplus funds of the temple be utilised for -  
(a) the establishment of institutions in which special provision is 
made for the study of Hindu religion, philosophy, shastras and for 
promoting the cultivation of Indian arts and culture;  
(b) promoting the study of Sanskrit and Hindi;  
(c) the establishment and maintenance of a hospital or a leper asylum 
for the benefit of Hindus generally;  
(d) the construction and maintenance of a poorhome for destitute 
persons professing the Hindu relig ion who are physically disabled and 
help less; and  
(e) any charitable, religious of educational purposes not inconsistent 
with the objects of the temple.  
(3) The order of the Board under sub -section (2) shall be published in 
the prescribed manner.  
 
29. Power to make rules :  
(1) The State Government may make rules, consistent with this Act, 
for carrying out all or any of the purposes thereof.  
(2) In particular and without prejudice to the generality of the 
foregoing power, it shall have power, to make rules with reference to -  
(a) all matters which under any provisions of this Act may be or 
are expressly required or allowed to be prescribed or provided 
for by rules;  
 
(b) the grant of travelling and halting allowance to the members of 
the Board;  
 
(c) the preparation of the budget estimates for the temple;  
 
(d) the preparation and sanction of estimates and acceptance of 
tenders in respect of public works and for supplies;  
 
(e) the convening of meetings and transaction of business of the 
Board;  
 
(f) the audit of the accounts of the temple and the particulars to be 
mentioned in the audit report;  
 
(g) the recovery of amounts payable to auditors appointed by the 
State Government; and  
 
(h) the conditions of service of the officers an servants of the 
temple.  
(3) Any rule under this Act may be made so as to have retrospective 
effect from such date not earlier than the date of the 
commencement of this Act, as the State Government may be 
notification in the Official Gazette, appoint.  
(4) The rules made under this Act shall be placed before the House of 
State Legislature at the session thereof next following.  
30. Suits :  
(1) The State Government may institute a suit in the Court of 
District Judge to obtain a decree -  
 
(a) vesting any property in the Board; or  
 
(b) declaring what portion of an endowment or the interest therein 
shall be allocated to any particular subject; or  
 
(c) directing the furnishing of acctions; or  
 
(d) granting such further or other relief as the nature of the  case 
may require.  
 
(2) Section 92 and 93 and Rule 8 of Order 1 of the First Schedule 
to the Code of Civil Procedure, 1908 (Central Act V of 1908) shall have 
no application to any suit claiming any relief in respect of the 
administration or management of the temple and no suit in respect of 
such administration or management shall be instituted except as 
provided by this Act.  
 
31. Resistance or Obstructions in obtaining possession : If in 
obtaining possession of the properties of the temple to which it is 
entitled under section 4 the Board is resisted or obstructed by any 
person, it may made an application to the Magistrate having jurisdiction, 
complaining of such resistance or obstruction, and such Magistrate shall, 
unless he is satisfied that the resistance or obstruction was occasioned by 
any person claiming in good faith to be in possesion on his own account 
or by virtue of some right independent of that of the temple, make on 
order that the Board be put into possession, such other shall, subject to 
the result of any suit which may be filed to establish the right to the 
possession of the property, be final.  
32. Costs of Suit, etc. : The costs, charges and expenses of an incidental 
to any suit, application or appeal under this Act shall be in the discretion 
of the court which may direct the whole or any part of such costs, 
charges and expenses to be not from the funds of the temple or to be 
borne end paid in such manner and by such person as it thinks fit;  
Provided that all costs and expenses incurred by the Board in 
connection with any legal proceedings required in the interest of the 
temple shall be payable out of the funds of the temple.  
33. Transitional Provisions : The State Go vernment may, after the 
commencement of this Act and before the constitution of the Board, 
appoint one or more, persons to discharge all or any of the duties of the 
Board.  
34. Power to remove difficulties : If any difficulty arises in giving 
effect to any of the provisions of this Act, the State Government may, by 
order, give such directions and make such provisions as may appear to it 
to be necessary for the purpose of removing the difficulty.  
35. Immunity to Board : Except with the previous sanction of the State 
Government, no suit, prosecution or other legal proceeding shall be 
maintainable against the Board or any person acting under the direction 
of the Board or the President, member or any officer or servant of the 
Board or any body thereof in respec t of anything lawfully and in good 
faith and with due care and attention done under this Act.  
36. Repeat and Savings :  
(1) Shri Sanwaliaji Temple Ordinance, 1991 (Ordinance No.10 of 1991) 
is hereby repealed.  
(2) Notwithstanding such repeal, all things done, actions taken or orders 
made under the said ordinance shall be deemed to have been done, taken 
or made under the principal Act.  
SCHEDULE  
 
NAME OF VILLAGES UNDER TEMPLE SHRI SANWALIAJI, 
MANDHPIA  
 
1. MANDIR SHRI SANWALIAJI - MANDPHIA  
2. BHUTKHERA  
3. GHODAKHERA  
4. GEEDKHERA  
5. BHATOLI GUJRAN  
6. KARAULI  
7. RADAIKHERA  
8. VALIA KHERA 
9. RUPAJI KA KHERA  
10. MODAJI KA KHERA  
11. SEGWA  
12. KARETA  
13. AMARPURA  
14. CHARLIA  
15. NADA KHERA  
16. TANDI KA KHERA  
 
ts-ih- caly  
Secretary to the Government 

‹ Prev All Rajasthan acts Next ›