The UTTAR PRADESH SRI KASHI VISHWANATH TEMPLE ACT, 1983

  
 THE UTTAR PRADESH SRI KASHI VISHWANATH TEMPLE 
ACT, 19831 
[ U. P. ACT No. 29 of 1983 ] 
 Amended by 
U. P. Act No. 25 of 1986 
U. P. Act No. 23 of 1989 
U. P. Act No. 15 of 1997 
 U. P. Act No. 03 of 2003 
U. P. Act No. 11 of 2013 
U. P. Act No. 12 of 2013 
 [As passed by the Uttar Pradesh Legislature , assented to by 
the President on October 12, 1983 and published in Uttar Pradesh 
Gazette Extraordinary dated October 13, 1983] 
 AN 
ACT 
to provide for the proper and better administration of Sri 
Kashi Vishwanath Temple, Varanasi and its endowments and for 
matters connected therewith or incidental thereto.
 
 IT IS HEREBY enacted in the Thirty-fourth Year of the Republic of 
India as follows :— 
CHAPTER—I 
Preliminary 
Short title  and 
commencement 
1. (1) This Act may be called the Uttar Pradesh Sri Kashi 
Vishwanath Temple Act, 1983. 
*(2) It shall be deemed to have come into force on January 28, 
1983.  
Overriding 
effect of the 
Act 
2. The provisions of this Act shall have effect notwithstanding 
anything to the contrary contained in any other law, for the time being 
in force or custom or  usage, contract, deed or engagement, judgment, 
decree or order of any court or scheme of management settled by any 
court.  
Functionaries 
under the Act 
to be Hindus 
3. No person shall, unless he is a Hindu by religion, be eligible 
for being or continuing as a member of the Board or Executive 
Committee  or  as  Chief  Executive  Officer  or  as  an  employee of the  
1.  For Statement of Objects and Reasons see at the end of this Act.  
* w.e.f. January 28, 1983. 
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[The Uttar Pradesh Sri Kashi Vishwanath Temple Act, 1983]  
 Temple and every pers on shall cease to hold office or  to exercise any 
power or discharge any function as such when he ceases to be a Hindu. 
Definitions 4. In this Act, unless the context otherwise requires, — 
(1) “appointed date” means such date as the State Government 
may by notification, appoint ;  
 (2) “archaka” means any person who performs or conducts any 
worship, service, ritual or other religious observances in t he Temple and 
includes a Pujari, Panda, Purohit or Sewak ; 
 (3) “Board” means the Board of Trustees constituted under 
section 6 ;  
 (4) “Chief Executive Officer” means the Chief Executive Officer 
appointed under section 16 ;  
 (5) “endowment” means all properties, movable or immovable, 
belonging to or given or endowed for the support or maintenance or 
improvement of the Temple or for the support or maintenance or 
improvement of the Temple or for the performance of any worship 
service, ritual, ceremony or  other religious observance in the Temple or 
any charity connected therewith and includes the idols installed therein, 
the premises of the Temple and gifts of property made or intended to be 
made for the Temple or the deities installed therein to anyone wi thin the 
precincts of the Temple ;  
 (6) “Executive Committee” means the Executive Committee 
constituted section 19 ;  
(7) “prescribed” means prescribed by rules made or notified order 
issued by the State Government under this Act ;  
 (8) “religious offe ring” means an offering made within the 
precincts of the Temp le or otherwise, whether in cash  or kind, 
associated with the performance or conduct of any worship, service, 
ritual, ceremony or religious observance in the Temple and includes 
postal or telegra phic remittances or cheques or bank drafts intended or 
meant to be an offering for use as such in the Temple ;  
 (9) “Temple” means the Temple of Adi Vishweshwar, popularly 
known as Sri Kashi Vishwanath Temple, situated in the City of Varanasi 
which is used as a place of public religious worship, and dedicated to or 
for the benefit of or used as of right by the Hindus, as a place of public 
religious worship of the Jyotirlinga and includes all subordinate 
temples, shrines, sub -shrines and the ashthan of al l other images and 
deities, mandaps, wells, tanks and other necessary structures and land 
appurtenant thereto and additions which may be made thereto after the 
appointed date ;  
 (10) “Temple Fund” means the Temple Fund constituted under 
section 23.  
 
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[The Uttar Pradesh Sri Kashi Vishwanath Temple Act, 1983]  
 CHAPTER — II 
The Board of Trustees 
Vesting of 
the Temple 
and its 
endowments  
5. The ownership of the Temple and its endowments shall vest in 
the deity fo Sri Kashi Vishwanath.  
Constitution 
of the Board 
of Trustees. 
6. (1) With effect from the appointed date, the administration and 
governance of the Temple and its endowments shall vest in a Board to be 
called the Board of Trustees for Sri Kashi Vishwanath Temple ;  
 (2) The Board of Trustees shall consist of the following members, 
namely : — 
1[ (a) The President of the Board shall be a non-official Hindu well 
versed in Hindu theology and having good knowledge and experience in 
the management and administration of the affairs of Sri Kashi 
Vishwanath Temple and any worship, service, ritual or religious 
observance made therein to be nominated by the State Government. ] 
 (b) Sri Jagadguru Sankaracharya of Sringeri ; 
(c) Secretary to the government of Uttar Pradesh in the 
Department of Cultural Affairs — ex officio ;   
 (d) Secretary to the Government of Uttar Pradesh  in the 
Department of Finance — ex-officio ;  
2[(e) Secretary, and in his absence, Special Secretary, if any, to 
the Government of Uttar Pradesh in Dharmarth Karya Vibhag                
— ex-officio ;] 
 (f) Secretary to the Government of Uttar Pradesh in t he Judicial 
Legislative Department by rotation in such manner as may be prescribed 
— ex-officio ; 
(g) Director of Cultural Affairs, Uttar Pradesh — ex-officio ;  
 (h) Commissioner, Varanasi Division  — ex-officio ;  
(i) District Magistrate, Varanasi — ex-officio ;  
(j) Vice -Chancellor, Sampurnanand Sanskrit Vishwavidyalaya 
Varanasi — ex-officio ;  
 (k) Two  local eminent persons having good knowledge and 
experience in the management and administration of  the affairs of the 
temple and any worship, service, ritual or religious observance made 
therein to be nominated by the State Government ;  
 3(l) The Chief Executive Officer — ex-officio 
 
 
1.  Subs. by sec. 2 of U. P. Act No. 03 of 2003. 
2.  Subs. by sec. 2 of U. P. Act No. 25 of 1986. 
3. Subs. by sec. 2 of U.P. Act No. 23 of 1989. 
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[The Uttar Pradesh Sri Kashi Vishwanath Temple Act, 1983]  
 (3) Where a member of the Board cannot perform his duties as 
such by reason of the fact that he is not a Hindu, the person available  
next below him in this behalf shall be a member of the Board for the 
time being.  
 (4) The Board shall be a body corporate having perpetual 
succession and may sue or be sued by the name aforesaid.  
 (5) The constitution of the Board and every change the rein shall 
be notified by the State Government.  
Term of 
office 
7. (1) 1[The President or any member] of the Board, other than an 
ex-officio member, shall hold office for a period of three years from the 
date of notification of his nomination ;  
 Provided that the member specified in  2[****] clause (b) of sub -
section (2) of section 6 shall hold office during his life-time ;   
Provided further that a member shall be eligible for re -
nomination. 
 (2) Casual vacancies in the office of 3[The President or a member] 
of the Board, caused by death, resignation, removal or otherwise, shall 
be filled in the same manner as specified in section 6. 
Power of the 
State 
Government 
to remove a 
member of 
the Board 
8. 4[(1) The State Government may remove the President or any 
member of the Board other than an ex -officio member on the ground of 
unfitness or misconduct. ] 
 4[(2) The President or any member of the Board shall not be 
removed under this section unless he has been given a reasonable 
opportunity of showing cause against his removal. ] 
 (3) The decision of the State Government under this s ection shall 
be not be questioned in any Court of law.  
Meetings of 
the Board 
9. (1) The Board shall ordinarily meet once in every quarter on 
such date and at such time and place as the Board may determine or, as 
the case may be, the President may direct.  
 (2) At every meeting of the Board, the President, or in his absence, 
such member, as may be determined by the Board, shall preside.  
 
5[(3) A member specified in clause (b) o f sub-section (2) of section 
6 may authorised  in writing any person who is a Hindu and a member 
specified   in   clause (c)   or   clause (d)   or   clause (e)   or   clause (f)  of  
1.  Subs. by sec. 3 (a) (i) of U. P.  Act No. 03 of 2003. 
2.  Omit. by sec. 3(a) (ii) of U. P.  Act No. 03 of 2003. 
3.  Subs. by sec. 3(b) of U. P.  Act No. 03 of 2003. 
4.  Subs. by sec. 4 of U. P.  Act No. 03 of 2003. 
5.  Subs. by sec. 3 of U. P.  Act No. 23 of 1989. 
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[The Uttar Pradesh Sri Kashi Vishwanath Temple Act, 1983]  
 that sub -section may, if he is unable to attend any meeting of the 
Board, likewise authorize an officer not below the r ank of Joint 
Secretary in his department, to attend such meeting and the person or 
officer so authorized shall have the right to take part in the proceedings 
of the meeting and shall also have the right to vote. ] 
 
1[(4) No business shall be transacted at  any meeting of the 
Board, unless at least five members including persons or officers 
authorized under sub-section (3) are present. ] 
 (5) The Board shall follow such procedure for the transaction of 
business, as may be determined by the regulations.  
(6) All questions arising at a meeting of the Board shall be 
decided by a majority of the members present and voting and in the 
case of equality of votes, the President shall have a casting vote.  
 (7) The Chief Executive Officer, who shall be the Secretary of the 
Board, shall be responsible for the due record and maintenance of the 
minutes of the proceedings of the Board and shall submit a copy of the 
minutes to the State Government for information.  
Authentication 
of the acts and 
Proceedings of 
the Board. 
10. All orders and decisions of the Board and the record of acts 
and proceedings of the Board shall be authenticated by the signature of 
the President, or if so authorized by the Board, by the signature of the 
Chief Executive Officer.  
Power of the 
Board to act 
notwithstanding 
vacancy. 
11. No act or proceeding of the Board shall be invalid merely by 
reasons of the existence of any vacancy or defect in the constitution of 
the Board.  
Allowances to 
members of the 
Board.  
12. The State Government may, by ord er, from time to time 
direct the payment of such allowances in such manner and at such 
time, out of the Temple Fund to the President or members of the Board, 
as may be determined by it.  
Board to be in 
possession of 
the Temple and 
its properties.  
13. (1) The Board shall be entitled to take and be in possession 
of all movable and immovable properties, cash, valuables, jew leries, 
records, documents, material objects and other assets belonging to or 
forming part of the Temple and its endowments.  
 (2) Every person who has possession, custody or control of any 
such movable or immovable property, cash, valuable, jewellery, record, 
document, material object or other asset, as aforesaid shall, subject to 
all just exceptions, produce and deliver the same, when re quired, 
under this Act, to the Chief Executive Officer.  
Duties of the 
Board. 
14. Subject to the provisions of this Act and any rules made 
thereunder it shall be the duty of the Board — 
(a) to arrange for the due and proper performance of worship, 
service  and  rituals,  daily or periodical, general or special of Sri Kashi  
 
1.  Subs. by sec. 3 of U. P.  Act No. 23 of 1989. 
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[The Uttar Pradesh Sri Kashi Vishwanath Temple Act, 1983]  
 Vishwanath and other deities in the Temple, ceremonies and other 
religious observances in accordance with the Hin du Shastras and 
scriptures and usage ; 
 (b) to ensure maintenance of public order, health and morality, 
including arrangement for lighting, hygienic conditions and proper 
standard of cleanliness in the Temple ;  
 (c) to ensure the safe custody of the fu nds, cash, valuables, 
jeweleries and other properties of the Temple ;  
(d) to make adequate arrangements for the preservation and 
management the properties and secular affairs of the Temple ;  
 (e) to ensure that the funds of the endowments are spent 
according to the wishes, so far as may be known or ascertained, of the 
donors ; 
(f) to provide facilities for the proper performance of worship by 
the pilgrims and worshippers ;   
 (g) to make provision for the convenience and medical relief of 
pilgrims worshippers ;  
(h) to undertake for the benefit of the pilgrims and worshippers— 
 (i) the construction of buildings for their accommodation ;  
(ii) the construction of sanitary works ;  
(iii) the improvement of means of communication ;  
 (iv) such other matters as may be prescribed ;  
(i) to make provision for the payment of suitable emoluments the 
salaried staff ;  
 
1[ (j) to distribute free of cost Bhasm made out of Belpatra etc. 
received in temples offerings among devotees ;  
 (k) to do research related to  Vedic Culture to provide 
opportunities related to research to setup cost free research centers, to 
organize free of cost education classes to establish cost free technical 
education for uniting Vedic Culture with technical education and to 
provide opportunities for employment to introduce welfare schemes for 
the society with the help of organizations having similar objectives and 
to open, schools for Vedic Culture’s education ; 
 
 (l) to open and organize free of cost medical centers for poor, 
weak and helpless devotees ;  
(m) to provide free of cost facilities of Annakshetrum for devotees;  
 
1.  Subs. by sec. 2 of U. P.  Act No. 12 of 2013. 
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[The Uttar Pradesh Sri Kashi Vishwanath Temple Act, 1983]  
 (n) to open and provide free of cost lodging place for d evotees, 
arrange free of cost stay and also to setup research centers relating to 
Vedic Culture and technical education ;   
 (o) to arrange and distribute free of cost prasadams distribution 
amongst devotees to distribute clothes etc and other ingredients received 
in offerings among poor and helpless people ;  
 (p) to publish and distribute free of cost magazines for awareness 
to fulfill the object of the trust and time  organize seminars and 
meetings;  
 (q) to do all such things as may be incidental and conductive to 
the efficient management of the affairs of Temple and its endowments 
and the convenience of the pilgrims and worshippers. ]
1 
Powers of the 
Board 
15. The Board shall exercise all such powers, as are necessary 
for or incidental to the performa nce of its duties and functions under 
this Act and in particular shall have power, — 
(a) to fix fees for the performance of any worship, service, ritual, 
ceremony or religious observance in the Temple ;  
 (b) to call for such information and accounts as m ay, in its 
opinion be necessary for satisfying itself that the Temple and its 
endowments are properly maintained and administered and their funds 
are duly appropriated for the purposes for which they exist or were 
founded ;  
 (c) to prohibit with in the pr emises of the Temple or  within such 
area belonging to the Temple, as may be specified in this behalf ,— 
(i) sale, possession, use or consumption of any intoxicating liquor 
or drug ;  
 (ii) sale, possession, preparation or consumption of meat or other 
food stuffs containing meat ;  
(iii) slaughter, killings, maiming of any animal or bird for any, 
purpose ;  
 (iv) gaming with cards, dice, counter, money or other 
instruments of gaming ;  
(d) to do or  direct the doing of such other things as may be 
prescribed.  
 CHAPTER — III 
The Temple Establishment 
Officers of 
the Temple 
2[16. (1) The State Government shall appoint for the Temple a 
Chief Executive Officer and may appoint such other Officer or officers as 
it may consider necessary.  
 
1. Subs. by sec. 2 of U.P. Act No. 12 of 2013. 
2.  Subs. by sec. 2 of U. P.  Act No. 15 of 1997. 
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[The Uttar Pradesh Sri Kashi Vishwanath Temple Act, 1983]  
 
 (2) The conditions of service, including the qualificatio ns for 
appointment and the salary and allowances payable to the officers 
appointed under sub-section (1) shall be such as may be determined by 
the State Government :  
 Provided that the rights of such officers in respect of salary and 
other conditions of service shall not be varied to their dis- advantage 
after their appointment.]1 
Powers and 
duties of the 
Chief 
Executive 
Officer. 
17. (1) The Chief Executive Officer shall be the principal 
Executive Officer of the Temple and shall, subject to the control of  the 
Board, be responsible for the management o f the secular affairs of the 
Temple and its endowments.  
(2) Subject to the provisions of this Act and the rules made 
thereunder, it shall be duty of the Chief Executive Officer,– 
 (a) to carry out the decisi ons and orders of the Board and the 
Executive Committee in accordance with the provisions of this Act ;  
 (b) to arrange for the proper collection, maintenance and disposal 
of the religious offerings in the Temple and to keep a full and proper 
account thereof ;  
 (c) to have custody of and make suitable arrangement for the 
preservation and maintenance of all records, jewelleries, valuables, 
moneys, valuable securities and properties of the Temple ;   
 (d) to record and maintain the minutes of proceedings  of the 
Board ;  
(e) to call for tenders for works or supplies and  to accept tenders, 
the value or amount whereof does not exceed five thousand rupees ;  
 (f) to exercise control over the employees of the Temple and take 
appropriate action against them in cases of breach of discipline ;  
(g) to do all such things as may be required for the due 
performance of his duties imposed by or under this Act.  
Powers of the 
Chief 
Executive 
Officer in 
emergency 
18. (1) In case of emergency, the Chief Executive Office r may 
direct the execution of any work or the doing of anything which is not 
provided for in the budget for the year or which is in his opinion , 
immediately necessary and unavoidable for the preservation of the 
Temple or its endowments or for the health, s afety or convenience of the 
pilgrims or worshippers resorting to the Temple or for the due 
performance of the worship, service rituals, ceremonies or observances 
in the Temple and may further direct that the expenses of the execution 
of such work or the doing of such thing shall be paid out of the Temp le 
Fund.  
 (2) The Chief Executive Officer shall forthwith report to the Board 
and the Executive Committee the action taken under this section 
together with a statement of the reasons for such action and ther eupon 
the Board shall take such action, after taking into account the 
recommendations of the Executive Committee, as it deems fit.  
1. Subs. by sec. 2 of U.P. Act No. 15 of 1997. 
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[The Uttar Pradesh Sri Kashi Vishwanath Temple Act, 1983]  
Executive 
Committee 
19. (1) There shall be an Executive Committee which shall, 
subject to the directions of the Board or the State Government, be 
responsible for the superintendence, direction and control of the affairs 
of the Temple.  
 (2) The Executive Committee shall consist of the following 
members, namely :— 
(a) Commissioner, Varanasi Division — Chairman 
(b) District Magistrate, Varanasi— Member  
 (c) Senior Superintendent of Police, Varanasi — Member 
(d) Administrator/Mukha Nagar Adhikari, Nagar Mahapalika, 
Varanasi — Member 
 (e) Members of the Board specified in clause (j) of sub -section (2) 
of section 6 — Member ex-officio 
 (f) Chief Executive Officer — Member-Secretary.  
(3) Where a member of the Executive Committee cann ot perform 
his duties as such by reason of the fact that he is not a Hindu, the 
person, available next below him in this behalf, shall serve on the 
Committee.  
 (4) The Executive Committee shall have power to co -opt as 
member any other suitable person, no t more than two in number, for 
the discharge of its functions.  
 (5) The Executive Committee shall exercise such powers and 
perform such functions as are conferred on it by or under this Act or are 
assigned to it by the Board.  
Provisions as 
to the 
existing 
employees of 
the Temple 
20. (1) The Chief Executive Officer shall, as soon as may be, 
prepare a schedule setting forth the designations, grades and duties of 
persons constituting the establishment of the Temple.  
(2) In preparing the schedule referred to in sub -section (1), the 
Chief Executive Officer shall, in relation to the nature of interest claimed 
by any person give recognition and effect to any judgment, decree or 
order of a court or custom or usage relating to the Temple.   
 (3) The schedule re ferred to in sub -section (1), together with the 
proposals of the Chief Executive Officer with regard to the salaries or 
allowances payable to the persons specified in the schedule, shall be 
submitted to the Board and such schedule shall, subject to any changes 
or modifications made therein, come into force on approval by the Board 
and such persons shall be entitled to such conditions of employment as 
may be prescribed.  
Temple staff 21. (1) Subject to any rules made in this behalf, the Board or as 
the case may be, the Chief Executive Officer may appoint such 
employees with such designations as may be prescribed and assign to 
them such powers and such functions as may be deemed necessary for 
the purpose of this Act.  
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[The Uttar Pradesh Sri Kashi Vishwanath Temple Act, 1983]  
 (2) The employees shall be entitled to such salary and allowances 
and shall be governed by such conditions of service including conditions 
as to qualifications and method of recruitment, as may be prescribed.  
 (3) No employee shall be removed from s ervice unless he has 
been given a reasonable opportunity of being heard.  
Archaka 22. (1) Every archaka attached to or serving in the Temple shall 
be responsible for the proper performance and conduct of worship, 
service, rituals, ceremonies and other rel igious observances in the 
Temple and other general or special, daily or periodical services 
connected therewith and the Board or the Executive Committee or the 
Chief Executive Officer or any other employee of the Temple shall not 
interfere with the discharge of the duties by the archaka as such.  
 (2) The archaka shall be entitled to such remuneration for his 
services as may be agreed upon between him and the Board and failing 
such agreement, as may be determined in accordance with the rules 
made in this b ehalf and shall not be entitled to any other perquisites or 
emoluments, save as permitted by or under this Act. 
 CHAPTER — IV 
Property and Accounts 
Temple Fund 23. (1) There shall be constituted a Fund to be called “Sri Kashi 
Vishwanath Temple Fund” which shall be vested in and administered by 
the Board and shall consist of the following, namely :— 
 (a) the income derived from the movable and immovable 
properties of the Temple ;  
(b) the religious offerings made or intended to be made to the 
deity of Sri Kashi Vishwanath or any other deity in the Temple ;  
 (c) any contribution by the State Government either by way of 
grant or by way of loan ;  
(d) any donation or charity made b y a person in or for the 
Temple;  
 (e) any other gift or contribution made b y the public, or local 
authorities or institutions ;  
(f) all fines and penalties imposed under the Act ;  
 (g) all recoveries made under the Act. 
(2) The Temple Fund shall be utilized for the purposes required 
or permitted by or under this Act.  
 1[ (3) Without prejudice to any other mode of recovery available, 
any liquidated amount of money due to the Deities Board or Temple 
Fund   shall,   on   the   certificate   of   the   Chief   Executive Officer, be  
 
 
1.  Ins. by sec. 4 of U. P.  Act No. 23 of 1989. 
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[The Uttar Pradesh Sri Kashi Vishwanath Temple Act, 1983]  
 recoverable as arrears of land revenue. ] 
Fixation of 
scale of 
expenditure 
on rites or 
ceremonies.  
24. (1) The Chief Executive Officer shall, within three months 
from the appointed date, submit proposals for fixing the scale of 
expenditure in the Temple and the amounts which should be allotted to 
the various objects connected with the Temple.  
 (2) Such proposals shall be prepared after consultation with the 
archaks and having due regard to the requirements of worship or 
offerings in connection with the performance of the general or special, 
daily or periodical services, rituals, ceremonies or other religious 
observances according to the usage or otherwise.  
 (3) The proposals referred to in sub-section (1) shall be submitted 
in such form and manner, as may be prescribed, to the Board.  
 (4) The Board shall cause the proposal to be published in such 
manner, as may be prescribed, and any person interested may submit 
his objections or suggestions within a period of thirty days from the date 
of such publication.  
 (5) After considering the objections and suggestions, which may 
be received under sub -section (4), the Board shall pass such orders, as 
it thinks fit, on such proposals, having regard to the objects specified in 
sub-section (2) and the financial position of the Temple.  
 (6) A copy of the order passed under sub -section (5) shall be 
published in the prescribed manner.  
(7) Any person aggrieved by an order under sub -section (5) may 
appeal against such order to the State Government and the order passed 
on such appeal shall be final.  
 (8) The scale of expenditure, fixed under sub -section (5), may be 
revised from time to time, and the provisions of sub -sections (1) to (5) 
shall mutatis mutandis apply to such revisions.  
 (9) The scale of expenditure for the time being in force shall be 
the first charge on the Temple Fund and save as aforesaid, shal l not be 
altered.  
Budget 25. (1) The Chief Executive Officer shall, in respect of every 
financial year, submit a statement of the estimated receipts and 
expenditure (hereinafter referred to as the Budget) for that year to the 
Board in such manner as may be prescribed and the Board may approve 
the budget without modification or with such modification as it thinks 
fit.  
 (2) Every budget shall make adequate provisions for — 
(i) the proper performance of the worship of the deities, services, 
rituals, ceremonies and other religious observances in the Temple ;  
 
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[The Uttar Pradesh Sri Kashi Vishwanath Temple Act, 1983]  
 (ii) the due discharge of all liabilities of the Temple ;  
(iii) the maintenance of a working balance and a reserve fund ;  
 (iv) the arrangement to be made for securing the health, safety 
and convenience of the pilgrims, worshippers or persons having interest 
in the Temple ;  
 (v) the constructions, repair and improvement of t he Temple and 
the building connected therewith ; and 
(vi) such other matters as may be prescribed.  
 (3) After the approval of the Board, the budget shall be submitted 
to the State Government for sanction before such date as may be fixed 
by the State Government in that behalf.  
 (4) Before sanctioning the budget, the State Government shall 
satisfy itself that adequate provision has been made in the budget for 
the maintenance of the prescribed working balance and for meeting all 
the liabilities of the Temp
le and its endowments and the State 
Government shall have power to modify any part of the budget so as to 
ensure that such provisions are made. 
 (5) The decision of the State Government sanctioning the budget 
shall be communicated to the Chief Executive O fficer by such date as 
may be prescribed, failing which it shall be deemed that the budget has 
been sanctioned by the State Government without any modification.  
 (6) It shall not be lawful for the Board to incur any expenditure 
which is not sanctioned in  the budget or which will have the effect of 
varying the amount for any provisions made in the budget.  
 (7) When a need has arisen for supplementary or additional 
expenditure upon some new service not contemplated in the budget, the 
Chief Executive Offic er shall submit a supplementary estimate of the 
proposed expenditure and the provisions of sub -sections (1) to (6) shall 
mutatis mutandis apply to such supplementary estimate.  
 (8) Where any person is entitled to receive any payment out of the 
proceeds o f the properties of the Temple by virtue of any custom or 
usage or otherwise on account of any interest which he has in the 
administration of the affairs of the Temple, such payment shall be made 
to him from the Temple Fund after making due allowance for t he 
expenses required to be made in respect of matters specified in  
sub-section (2) and necessary adjustment may be proportionately made 
in making such payments.  
Regular 
account to be 
kept  
26. The Board shall cause regular accounts to be kept in such 
form as may be approved by the State Government and containing such 
particulars as may be prescribed.  
Audit 27. (1) The accounts shall be audited annually, or if the State 
Government so directs in any case, at shorter intervals in such manner 
as may be prescribed.  
 
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[The Uttar Pradesh Sri Kashi Vishwanath Temple Act, 1983]  
 (2) Such audit shall be made by the a uditors appointed by or 
under the direction of the State Government.  
(3) The remuneration of such auditors and the cost of audit shall 
be recoverable by the State Government from the Temple Fund.  
 (4) It shall be the duty of all persons concerned with t he 
administration of the affairs of the Temple to produce or cause to be 
produced before the auditors all such accounts, records, and documents 
and to furnish them with all such information as may be required and to 
afford them all such assistance and faci lities as may be  necessary for 
the audit.  
 (5) After completing the audit, the auditor shall send a report 
containing such particulars, as may be prescribed, to the Chief 
Executive Officer and shall also send a copy of such report to the State 
Government.  
 (6) The defects or  irregularities pointed out by the auditor shall 
be remedied within the time specified in this behalf and a report thereof 
shall be submitted to the State Government.  
Surcharge  28. (1) Where on a consideration of the compliance re port 
received under sub -section (6) of section 27, and after such en quiry as 
may be necessary, the State Government thinks that a member of the 
Board or any other person has made any illegal, irregular or improper 
expenditure or has caused any loss or wast e of money or other property 
of the Temple, by neglect or misconduct, it may issue notice to such 
member of the Board or other person concerned to show cause why an 
order of surcharge should not be passed against him and after 
considering his explanation, if any, by order certify the amount so spent 
or the amount or value of the property so lost or wasted and direct that 
such amount shall be recovered from him personally.  
 (2) An order of surcharge, passed under sub -section (1) against a 
member of the Boa rd or any other person, shall not bar a suit for 
accounts or any other matter not finally dealt with by such order.   
 (3) The amount of surcharge may be recovered as if it were an 
arrear of land revenue.  
Provisions to 
acquisition 
or transfer of 
property. 
29. (1) No immovable property shall be acquired for and on 
behalf of the Temple, nor any transfer of any immovable property 
belonging to or endowed for any purpose of the Temple shall be effected 
save with the prior sanction of the State Government.  
 
1[ (2) No Jewellary or other valuable property or movable property 
of a non-perishable nature which is in possession of the Temple shall be 
transferred except, — 
(a) with the sanction of the Chairman, of Executive Committee, 
where the value of the property is upto rupees one lakh.  
 
1.  Subs. by sec. 2 of U. P.  Act No. 11 of 2013. 
26 
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[The Uttar Pradesh Sri Kashi Vishwanath Temple Act, 1983]  
 (b) with the sanction of the Executive Committee, where the 
value of property exceeds rupees one lakh and fifty thousand but does 
not exceed rupees two lakh;  
 (c) with the sanction of the Board, where the value of the 
property exceeds rupees two lakh and fifty thousand but d oes not 
exceed rupees five lakh;  
 (d) with the previous approval of the State Government and the 
sanction of the Board, where the value of the property exceeds rupees 
five lakh. ]1 
 (3) The State Government shall not grant any san ction under 
sub-section (1) or sub- section (2) unless it considers that the 
transaction is necessary or beneficial to the Temple and the 
consideration therefor is reasonable and proper.  
 (4) Any proposal for acquisition or transfer of immovable 
property shall be submitted in such f orm and contain such particulars 
as may be prescribed.  
 (5) The State Government shall communicate its decision to the 
Chief Executive Officer within three months from the date of receipt of 
such proposal and, if no decision i s communicated within such period, 
it shall be deemed that the proposal has been sanctioned.  
Restriction on 
borrowing of 
money 
30. No money shall be borrowed for and on behalf of the Temple 
from any person save with the previous sanction of the State 
Government.  
Contracts 31. Subject to the provisions of this Act or the rules made 
thereunder, all contracts shall be excented  and signed by an d all 
purchases shall be made by the Chief Executive Officer for and on 
behalf of the Temple : 
 Provided that in t he case of a contract for the execution of any 
work or for any supplies, the amount or value of which exceeds rupees 
ten thousand, prior sanction of the State Government shall be 
necessary.  
 CHAPTER — V 
INSPECTIONS  
Power of the 
State 
Government to 
cause 
inspections to 
be made 
32. (1) The State Government shall have the right to cause 
inspection or enquiry to be made by such person, as it deems fit, in 
respect of any matter connected with the administration and finance of 
the Temple. 
 (2) Where the State Government decides to cause an inspection 
or inquiry to be made under sub -section (1), it shall inform the Board 
and any person nominated by the Board shall have the right to be 
present at such inspection or inquiry and to be heard as such.   
 (3) The p erson appointed under sub -section (1) to inspect or 
inquire  shall  have  all  the  powers  of  a Civil Court, while trying a suit  
1. Subs. by sec. 2 of U.P. Act No. 11 of 2013. 
28 
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[The Uttar Pradesh Sri Kashi Vishwanath Temple Act, 1983]  
 under the Code of Civil Procedure, 1908, for the pur pose of taking 
evidence on oath and of enforcing the attendance of witnesses and 
compelling the production of documents and material objects. 
 (4) The State Government shall communicate to the Board the 
result of such inspection or inquiry with such direc tions thereon as it 
thinks fit.  
 (5) The Board shall comply with the directions issued under 
sub-section (4)  and shall, within such time as the State Government 
may fix, submit to it a report of the action taken in this behalf.   
Power to issue 
directions  
33. The State Government may issue such directions, not being 
inconsistent with the provisions of this Act or the rules made 
thereunder, as it deems fit in respect of matters arising out of or 
connected with this Act and it shall be the duty of the Board to comply 
with such directions. 
 CHAPTER — VI 
PENALTIES 
Punishment 
for resistance 
or obstruction 
to taking 
possession of 
Temple 
property 
34. Whoever contravenes the provisions of sub -section (2) of 
section 13 or intentionally causes any resistance or obstructions in the 
obtaining of possession of any property by or under the authority of the 
Board or the Chief Executive Offic er under this Act shall be puni shable 
with imprisonment which may extend to one year or with fine or with 
both.    
Punishment 
for 
contravention 
of certain 
directions of 
the Board 
35. Whoever contravenes any direction made under clause (c) of 
section 15 shall be punishable with imprisonment for a term which may 
extend to six months or with fine which may extend to one thousand 
rupees or with both.  
 CHAPTER — VII 
MISCELLANEOUS 
Temple 
functionaries 
to be public 
servants  
36. The members of the Board, the Executive Committee, the 
Chief Executive Officer and an employee of the Temple, while acting or 
purporting to act in pursuance of the provisions of this Act or the rules 
made thereunder, shall be deemed to be public servants within the 
meaning of section 21 of the Indian Penal Code.  
Administration 
Report  
37. (1) The Board shall annually submit to the State 
Government a report on the administration of the affairs of the Temple 
at such time as the State Government may determine.  
 (2) The report prepared under this section shall be published in 
the prescribed manner and shall, as soon as possible, be laid before 
both Houses of the State Legislature.  
Exemption 
from liability 
in certain 
cases  
38. No suit, prosecution or other legal proceeding shall lie 
against the  Board or any member of the Board or Executive Committee  
 
30 
[The Uttar Pradesh Sri Kashi Vishwanath Temple Act, 1983]  
 or the Chief Exec utive Officer or an employee of the Temple for anything 
done or purporting to be done in good faith under this Act. 
Power of the 
State 
Government 
to call for 
records 
39. The State Government may call for and examine the records 
of any case relating to the affairs of the Temple, and if satisfied that any 
order or decision of the Board, Executive Committee, Chief Executive 
Officer or any employee of the Temple is not in accordance with the 
provisions of this Act or the rules made thereunder, may pass such 
order as it deems fit.   
Public officer 
to furnish 
copies or 
extracts 
40. All pu blic officers having custody of any record, register, 
report or other document relating to the Temple or any movable or 
immovable property thereof shall furnish such copies or e xtracts of the 
same as may be required by the Board or the Executive Committee or 
the Chief Executive Officer.  
Search and 
seizure 
41. (1) In taking possession of any property, cash, valuable, 
jewellery, record, document or material object under this Act,  the Chief 
Executive Officer shall have power to enter any premises at any 
reasonable time and make or cause to be made any search thereof.  
 (2) The provisions of the Code of Criminal Procedure, 1973 
relating to search and seizure shall mutatis mutandis  apply to all 
searches and seizures made under this Act.  
Utilization of 
existing 
properties 
42. All properties and assets belonging to or forming part of the 
Temple and its endowments immediately before the appointed date shall 
continue to be utilized for the purpose for which they were being utilized 
or were intended to be utilized on or after such date.  
Savings 43. Nothing in this Act shall preclude any person from 
institutions any suit or other legal proceeding in a court of competent 
jurisdiction to establish the right claimed by him.  
Power to 
remove 
difficulties  
44. If any difficulty arises in giving effect to the provisions of this 
Act, the State Government may, within a period of two years from the 
commencement of this Act, make, by notified ord er, such provisions, not 
inconsistent with the provisions of this Act, as appear to it necessary or 
expedient for removing the difficulty.  
Power to 
make rules 
45. The State Government may, by notification, make rules for 
carrying out the purposes of this Act.  
Power to 
make 
regulations 
46. Subject to the provisions of this Act and the rules made 
thereunder the Board may make regulations for any matter relating to 
the conduct of its business or any other matter for which regulations 
may be made under this Act.  
Repeal and 
savings 
47. (1) The Uttar Pradesh Sri K ashi Vishwanath Temple (Third) 
Ordinance, 1983, is hereby repealed.  
(2) Notwithstanding such repeal, anything done or any action 
taken under the Ordinance, referred to in sub -section (1), shall be 
deemed to have been done or taken under this Act as if the provisions of 
this Act, were in force at all material times. 
 
32 
[The Uttar Pradesh Sri Kashi Vishwanath Temple Act, 1983]  
 STATEMENT OF OBJECTS AND REASONS 
 SRI Kashi Vishwanath Temple situated near Gyanvapi in 
Varanasi is regarded by the Hindus the world over in the highest esteem. 
Valuables in large quantity are offered by devotees from time to time and 
there is always influx of devotees in the Temple, specially during 
important festivals. The management of the Temple was under the 
control of four ‘Mahants’ who spared negligible amount, out of the 
offerings, for sanitation, ligh ting, drinking water and maintenance of the 
Temple and for providing amenities for the pilgrims and devotees. No 
proper accounts were maintained by them, of donations and offerings 
and the accounts were not audited. The Mahants paid nominal salary to 
the Pujaris. 
 The mis-management of the temple called for immediate remedial 
measures for a Temple regarded in the highest esteem by the Hindus. 
During the mis -
management of the Temple, large scale thefts were 
committed during the years 1962, 1969, 1976 and 19 82. On the night of 
January 4/5, 1983 another big theft was committed in which most part 
of the gold plate of Argha of Shivling was taken away. This agitated the 
entire Hindu world, specially the Hindus of Varanasi and of the State of 
Uttar Pradesh and it created the problem of public order.  
 Therefore, for proper management of the affairs of Sri Kashi 
Vishwanath Temple. It was considered necessary to entrust the 
management of the Temple to a Board of Trustees comprising prominent 
Hindu religious leaders,  other religious persons of repute and high -
ranking officers of the State Government and to provide for an Executive 
Committee for the superintendence, direction and control of the affairs 
of the Temple.  
 Since the State Legislature was not in session an d in view of the 
above, immediate legislative action was necessary, the Governor 
promulgated the Uttar Pradesh Sri Kashi Vishwanath Temple 
Ordinance, 1983 (U. P. Ordinance no. 2 of 1983) on January 24, 1983. 
The Bill to replace the said Ordinance could not  be introduced in the 
State Legislature and the Ordinance was going to lapse. Since it was 
considered necessary to keep the provisions of the said Ordinance in 
force and the State Legislature was not in session the Governor 
promulgated the Uttar Pradesh Sri Kashi Vishwanath Temple (Second) 
Ordinance, 1983 (U. P. Ordinance no. 9 of 1983) on March 15, 1983 and 
the Uttar Pradesh Sri Kashi Vishwanath Temple (Third) Ordinance, 1983 
(U. P. Ordinance no. 20 of 1983) on April 27, 1983. 
 This Bill is accordingly in troduced to replace the said Ordinance 
no. 20 of 1983.  
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