LexThe nathdwara temlpe act.1959
Rajasthan · state statute
Open in Lexace · Ask the AI about this actShrinathji
THE NATHDWARA
TEMLPE ACT.1959
(ACT NO. 13 OF 1959)
GOVIND BHAWAN
NATHDWARA TEMPLE BOARD
NATHDWARA (RJ.)
FOR PRIVATE USE OMLY
GOVERNMENT OF RAJASTHAN
LAW AND JUDICAL (A) DEPARTMENT
The Nathdwara Temple Act, 1959
(Act No. 13 of 1959)
Published by Authority: --
JAIPUR
GOVERNMENT CENTRAL PRESS
The Nathdwara Temple Act, 1959
(Act No.13 of 1959)
(First Published in the Rajsthan Gazette Extraordinary,
Part IV-A dated the 30th March, 1959)
C O N T E N T S
Section
Page
1. Short title and commencement 1
2. Definitions 2
3. Vesting of property 3
4. Administration to vest in Board 3
5. Composition of the Board 3
6. Relinquishment office 4
7. Removal of Members 5
8. Term of office 5
9. Filling up of casual vacancy 5
10.Disolution and reconstitution of Board 6
11. Eligibility of persons for re-appointment 6
12. Liability for loss etc. 6
13. Remuneration of members 7
14. Office and meetings of the Board 7
15. Defect or vacancy not invalidate acts 7
16. Duties of the board 8
17. Alienation of moveable and immovable properties 8
18. Limitations on borrowing powers 8
18.A. Constitution of Executive committee 8
19. Executive officer 9
20. Power and duties of Executive Officer 9
21. Other Officers and servants 10
22. Saving of established usages and customs 10
23. Budget. 10
24. Accounts 11
25. Administration Report 11
26. Power of State Government to call for information and accounts 11
27. Inspection 12
28. Purposes for which the fund of the temple may be utilised 12
29. Duties of Trustee of specific endowment 13
30. Power to make rules 14
31. Suits 15
32. Resistance or obstruction in obtaining possession 15
33. Cost of suit etc. 16
34. Overriding effect of Act 16
35. Transitional provision 16
36. Power to remove difficulties 16
37. Bar to suit or proceeding 17
38. Repeal and Savings 17
( first published in the Rajasthan Rajpatra Extaordininary
Part IV-A dated 30-03-1959 )
as
Amended by Nathdwara Temple Second Amendment Act 18 of 1966
which received the president's assent on 12-8-66
Law and judicial (A) Department
Notification
Jaipur, March 30,1959
No.F.4(5)LJ/A59 -The following Act of The Rajsthan State Legislature received the assent
of the President on the 28th day of March 1959 and is published for general information .
The Nathdwara Temple Act,1959
( Act No. 13 of 1959)
((Received the assent of the president in the 28th day of March, 1959)
An
Act
To provide for the better administration and governance of the temple of Shri Shrinathji at
Nathdwara.
Be it enacted by the Rajsthan State Legislature in the Tenth years of the Republic of India as
follows: -
1. Short title and commencement : - (1) This Act be called the Nathdwara Temple
Act, 1959.
(2) It shall come into force at once.
2. Definitions: - In this Act unless the subject or context otherwise requires.
(I) 'Board'means the Nathdwara Temple Board establish and constituted under this
Act;
(II) 'Endowment' means all property, movable or immovable, belonging to or given
or endowed in any name for the maintenance or support of the temple or for
performance of any service or charit y connected therewith or for the benefit,
convenience or comfort of the pilgrims visiting the temple and includes :-
(a) the Idols installed in the temple,
(b) the premises of the temple,
(c) all jagirs, muafis 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 purposes
under the Board or purchased from out of the temple funds and all offerings and
bhents made for and received on behalf of the temple.
But shall not include any property belonging to the Goswami personally
although the same or income therof might hitherto have been utilised in part or in
whole in the service of the temple;
(III) 'Goswami' means the occupant for the time being of the gaddi of Shri Tilkayaji
Maharaj of the Nathdwara;
(IV) 'person having interest' means a persons who is entitled to attend at the
performance of worship or service in the temple and includes the Board and the
Chief Executive Officer;
(V) 'prescribed' means prescribed by rules made under this Act :
(VI) 'Chief Executive Officer' means the Chief Executive Officer of the temple
appointed under this Act ;
(VII) 'specific endowment ' means any property endowment or money invested for the
performance of the any particular service or of any particular charity connected
with the temple;
(VIII) 'temple ' means the temple of Shri Shrinathji at Nathdwara in Uaipur District and
includes the temple of Shri Navneet Priyaji and Shri Madan Mohan ji together
with all additions thereto or all alterations thereof which may be made from time
to time after the commencement of this Act.
3. Vesting of Property: - The ownership of the temple and all its endowments
including all offering which have been or may hereaf ter be made shall vest in the deity
of Shri Shrinathji and the Board constitute under this Act shall be entitled to their
possession.
4. Administration to vest in Board: - (1) The administration of the temple and all its
endowments shall vest in the Board constituted in the manner hereinafter provided.
(2) The Board shall be a body corporate by the name of the Nathdwara 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.
5. Composition of the Board: - (1) (i) The Board shall consist of the president,
The Collector of Uaipur District and nine other members.
(ii) The Goswami shall be the ex -officio president of the Board, if he is not otherwise
disqualified and is willing to serve as such;
(iii) The State Government shall nominate a Vice President of the Board from amongst
the members of the Board ,
(2) A person shall not be eligible for appointment as the president or member of the
Board if ;-
(a) he is of unsound mind and stands so declared by a competent court or
(b) he has been convicted of any offence involving moral turpitude, or
(c) he has applied for being adjudicated an insolvent or is an undischarged insolvent, or
(d) he is a minor or a deaf-mute or suffering from leprosy, or
(e) he is an office holder or a servent of the temple or is in receipt of any emoluments
of prequisites from the temple, or
(f) 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
(g) he does not profess the Hindu Religion or does not belong to the Pushti-Margiya
Vallabhi Sampradaya.
Provided that the disqualification specified in clause (e) shall not apply to the
Goswami, if he is willing to serve as ex officio President of the Board and the
disqualification specified in clause (g) shall not apply to the Collector.
(3) The Collector shall be an ex-officio member of the Board.
(4) Subject to the proviso to sub section (1) the other members of the Board shall be
appointed by the state government so as to secure representation of the Pushti-
Margiya Vaishnavas from all over India.
6. Relinquishment of office: - The President, the Vice Preside nt or any member,
other than the ex -officio member of the Board, may resign his office by giving a notice
in writing to State Government and on such resignation his office shall become vacant.
7. Removal of members : - (1) The State Government may remove from office the
Vice President or any member other then the ex -office member of the Board on any of
the following grounds namely ;-
(a) that he is or has become disqualified for such appointment for any of the reasons
specified in sub section (2) of section 5, or
(b) that he has absented himself 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 administrations of the
endowment.
1 A The President shall cease to hold office as such if the State Government
declares the ;-
(a) he has become disqualified for any of the reasons specified in clause (a) to (d) ,(f)
and (g) of sub section (2)of sub section (5) or
(b) his case fall under clause (c) of sub section (1)
Provided that no such declaration shall be made unless he has been given a
reasonable opportunity of showing cause there against.
(2) No person shall be removed under this section unless he has been given a
reasonable opportunity of showing cause against his removal
8. Term of office : - The members of Board other than the ex -officio member thereof,
subject to the prevision of section 6,7,and 10 hold office for a period of three years from
the date of which their appointment is notified in the official Gazette.
Provided that the out going members shall be continue to hold office till the reconstition
of the Board.
9. Filling up of casual vacancy : - (1) Casual vacancies in the office of the Vice
President or any member of the Board, o ther than ex -officio member caused by death,
resignation, removal or other wise shall be filled up by the State Government by
appointment of the persons who are not disqualified under sub section (2) of section 5.
(2) A causal vacancy in the office of t he president caused by the death, resignation, minority
or otherwise shall be filled up by the State Government.
10. Dissolution and reconstitution of the 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 the State
Government, after due inquiry, may, by notification in the Official Gazette, dissolve the
Board and direct the immediate recon stitution of another Board in the 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 in which it proposes to do so, fix a reasona ble time
for the Board to show cause against the proposal and consider its explanation 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 power of the Board until the constitution of
another Board in accordance with the provisions of this Act.
(4) The State Government may fix the remuneration of the person so appointed and the same
shall be paid from out of the temple funds .
11. Eligibility of the person for re -appointment :- An person ceasing to be a member
shall, unless disqualified under sub section (2) of section 5, be eligible for re-employment.
12. Liability for loss etc.: - Every member of the Board inc luding the President and the
Vice President shall be liable for the loss waste or misapplication of any money or other
property belonging to, or constituting the endowment if such loss, waste and misapplication
is a direct consequence of his willful act o r omission while holding office, and a suit for
compensation may be institued against him by the Board or by the State Government.
13. Remuneration to members :- Every member of the Board including the President and
the Vice President shall be entitled to receive from out of the temple funds such travelling
and halting allowance as may be prescribed.
14. Office and meeting of the Board :- (1) The office of the Board shall be at Nathdwara
.
(2) For the transaction of its bus iness the Board shall meet at such intervals as may be
prescribed at Nathdwara unless a majority of the member decide to meet at same
other convenient place.
(3) The quorum for a meeting of the Board shall be five.
(4) Every meeting of the Board shall be presid ed over by the President and in absence
by the Vice President and in the absence of both the President and Vice President by
member to be chosen by the members present to preside for the occasion.
(5) Question arising at a meeting of the Board shall be deci ded by a majority of the
votes of the members present there and voting and in every case of equality of
votes, the President, Vice President or the person presiding shall have and
exercise a casting vote.
15. Defect or Vacancy not to inval idate acts : - No Act or proceeding of the Board or any
person acting as the President , Vice President or a member of the Board shall be deemed
to be invalid by reason only of the existence of a vacancy among its member or a defect in
the constitution thereof or on the ground that the President, Vice 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.
16. Duties of the B oard : - Subject to the provision of this Act and of the rules made
thereunder , the Board shall manage the properties and secular affairs of the temple.
Provided that all matters connected with the conduct of seva and puja and other ceremonies
and of festivals of the temple according to the customs and usages of the Pushti Margiya
Vallabhi Sampradaya shall be under the direct control of the Goswami .
17. Alienation of movable and immovable properties :- (1) No jewelleries or other
valuable property of a 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 ten thousand rupee the previous approval of the State Government to
such transfer shall also be necessary.
(2) No immovable property including land vested in the Board as aforesaid shall be lease for
more than five years or mortgaged, sold, or otherwise alienated without the previous sanction
of the State Government .
18. Limitation on borrowing powers :- The Board shall have no power to borrowing money
from any person excepts with the previous sanction of the State Government.
18 A. Constitution of Executive Committee : - (1) For the efficient and pro per performance of
the day to secular duties relating to the temple the State Government shall constitute an
Executive Committee consisting of the Vice President and two other member to be
nominated by State Government.
(2) The Vice President shall be the Chairman of the Executive Committee.
(3) Subject to the general superintendence of the Board, the Executive Committee shall
control the day to day secular affairs relating to the temple and shall for this purpose issue
general or special direction to the Chief Executive Officer.
19. 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 o f 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 condition 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 of carry out the provision of this Act.
(5) He shall also act as secretary to the Board .
20. Power and duties of Chief Executive Officer :- (1) subject to such direction as may be
issued from time to time by the Executive Committee, the Chief Executive Officer shall be
responsible for the custody of all records and properties of temple and shall arrange for the
proper collection of the offering made in the temple
(2) He shall Have Power
(i) to lease out for the period not exceeding three years the lards and building of the
temple, which are ordinarily leased out and
(ii) to call for tenders for works or supplies and accepts such tenders whe n the amount of
the value thereof does not exceed five thousand rupee.
(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 temple or for the service or safety of the pilgrims resorting thereto and
may further direct that the expenses of executing such work or doing such ac t shall be paid
from the funds of the temple. In every such case the Chief Executive Officer shall
forthwith report to the Board the action so taken and reason therefor .
(4) The Chief Executive Officer shall perform such other duties and exercise such other
power as may be prescribed or as may be delegated to him by the Board
21. Other Officer and Servants : - The Board may appoint, suspend, remove, dismiss or
reduce in rank or in any way punish all officers and servants of the Board other than the
Chief Executive Officer in accordance with rules made by the State Government .
Provided further that such powers in respect of the Mukhiyas, Bhitariyas, and of such other
persons as may be declared as Sevawalas by the State Government in consultation wi th the
Board and Goswami, shall exclusively vest in the Goswami .
22. Savings of established usages and customs :- save as other wise expressly provided in or
under this Act, nothing herein contained shall affect any established usage of the temple or
the rights honors emoluments and perquisites to which any person may, by custom or
otherwise, be entitled in the temple.
23. Budget :- (1) The Board shall, within three months from taking charge of its office, and
thereafter at least one month before th e commencement of each official year, prepare or
cause to be prepared a budget for the succeeding year and shall consider and pass 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.
24. Accounts :- (1) the Board shall, within six months from the end each official year make up
correct accounts of the receipts and expenditure in connection with administration of the
temple for preceeding year
(2) Such account 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 direction and pass such orders on the report of the
auditor or otherwise as it my 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 account of the temple and report of the auditor thereon, shall
be published in the official Gazette.
26. Power of State Government to call for information and account : - The State
Government shall have power to call for all such information and account as may in its
opinion be reasonably necessary to satisfy it that the temple i s being properly administered
and the funds of the temple are being duly appropriated to the propose 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 such inspection.
28. Purpose for which the fund of the temple 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 th e temple and the performance of the daily
worship and ceremonies and the observance of festivals therein;
(ii) the foundation and maintenance of hospital and dispensaries for the relief of the
pilgrims and worshipper visiting the temple ;
(iii) the const ruction and maintenance of dharmshalas and rest house for the use and
accommodation of such pilgrims and worshippers;
(iv) the provision of water supply and other sanitory arrangements therein;
(v) the acquisition 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 Government order that the surplus funds of the temple be
utilised for -
(a) the establishment of a university or a college in which special provision is made for the
study of the Hindu Religion, philosophy and Shastras ge nerally or of the tenets of the
Pushtmarg faith in particular and for promoting the cultivation of Indian arts and
architecture;
(b) promoting the study of Sanskrit and Hindi ;
(c) the establishment and maintenance of a hospital or a leper asylum for th e benefit of
Hindu generally;
(d) the construction and maintenance of a poor home for destitute person professing the
Hindu religion who are physically disable and helpless and;
(e) any charitable, religious or educational purpose not inconsistent wit h the object of the
temple.
(3) The order of the Board under sub section (2) shall be published in the prescribed
manner
29. Duties of trustee of specific endowment : - The Trustee of a specific endowment attached
to the temple shall perform the serv ice or charity therein subject to the general
superintendence of the Board and such orders as it may issue such trustee shall be in such
possession of the endowment as he may be entitled to and shall also maintain and submit to
the Chief Executive Officer such accounts, register and returns as the Board may require
The account of a specific endowment shall be annually audited by an auditor appointed by
the Board and such auditor shall be paid such remuneration from the funds of the temple as
the Board may fix.
30. Power make rules : - (1) The State Government make rules consistent with Act, for
carrying out all or any of the purpose thereof.
(2) In particular and without prejudice to the generally of the fore going power, it shall
have power to make rules with reference to-
(a) the allowance payable to Goswami
(b) all matters which under any provision of this Act may be or are expressly required or
allowed to be prescribed or provided for by rules;
(c) the grant of travelling and halting allowances to the members of the Board;
(d) the preparation of the budget estimates for the temple;
(e) the preparation and sanction of the estimates and acceptance of tenders in respect of public
works and for supplies.
(f) the convening of meetings and transaction of business of the Board;
(g) the audit of the account of the temple and the particular to be mentioned in the audit
report;
(h) the recovery of amounts payable to auditor appointed by the Stare Government and
(i) the condition of service of the officers and servants of the temple .
(3) the rules made under this Act shall be placed before the House of the State Legislature at
the session thereof next following
31. Suits :- (1) The State Government or any other person having interest 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 of the interest therein shall be allocated to any
particular subject, or
(c) removing any member of the Board or the trustee of a specific endowment, and d irecting
the appointment of a new member of the Board or a new trustee for the specific
endowment or
(d) directing account and enquires, or
(e) granting such further or other relief as the nature of the case may require
(2) Section 92 and 93 and rule 8 of ord er I 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 such administration or management of the temple and no suit in
respect of such administra tion or management shall be instituted excepted as provided by
this Act .
32. Resistance or obstruction in obtaining possession : - If in obtaining possession of the
properties of the temple to which it is entitled under section 3,the Board is resisted o r
obstructed by any person, it may make an application to the Magistrate having jurisdiction,
complaining of such resistance or obstruction and such Magistrate shall unless he satisfied
that the resistance or obstruction was occasioned by any person clami ng in good faith to be
in possession on his own account or by virtue of some right independent of that of the
temple make an order that the Board be put into possession. Such order shall, subject to the
result of any suit which may be filed to establish th e right to the possession of the property,
by final.
33. Costs of suit, etc :- The cost charges and expenses of, and 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 met from the funds of
the temple or to be borne and 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 .
34. Overriding effect of Act : - This Act shall have effect notwithstanding anything to the
contrary contained in any law for the time being in force or in any scheme of management
framed before the commencement of this Act or in any decree, order, parctice, custom or
usage.
35. Transitional provision :- The State Government may after the commencement of this Act
and before the constitution of the Board, ap pointment one or more persons to discharge all
or any of the duties of the Board .
36. Power of 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 direction and make
such provisions as may appear to it to be necessary for the purpose of removing the
difficulty
37. Bar to suit or Proceeding : - No suit or proceeding shall lie in any court against the State
Government for anything done or purported to be done by it under the provision of this
Act.
38. Repeal and Savings : - The Nathdwara Temple Ordinance 1959 ( Rajsthan Ordinance
No.2 of 1959 ) is heredy repealed, but such repeal shall not effect anything done, action
taken or order or appointment made thereun der and the thing so done, action so taken or
order or appointment so made shall be deemed to have been done, taken or made under the
corresponding provision of this Act .
PRABHU DAYAL LOIWALA
Secretary to the Government