Shri Sanwaliaji Temple Act, 1992
No: 8 Dated: Apr, 01 1992
Shri Sanwaliaji Temple Act, 1992
Rajasthan Act No. 8 of 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 appurtenant to it.
Be it enacted by the Rajasthan State Legislature 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 notwithstanding anything to the contrary 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 purposes under the Board or purchased from out of endowments or income accruing from such endowments and all offerings and bhents made for and received on behalf of the temple, and
(iv) the properties, movable or immovable, held by the Board of Trustees of shri Sanwaliaji Trust including funds constituted and managed by the Board of Trustees;
(c) "Chief Executive Officer" means 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 Trust 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 contribution 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 as seva puja and for the purposes subservient to the purposes mentioned in the deed of Shri Sanwaliaji Trust; and
(h) "Seva 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 endowments including all offerings which have been or may hereafter be nut a shell 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 consist 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:-
(i) three persons who have distinguished themselves in the service of Hindu religion or culture, specially in the Vaishnava Sampradaya;
(ii) three persons who have distinguished themselves in the administration, legal affairs and official matters;
(iii) two eminent Hindus of the State of Rajasthan; and
(iv) the established tradition of representation of sixteen villages around the temple including Mandphia as recorded in the trust 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 of an offence involving moral turpitude, or
(iii) he has applied for being adjudicated an insolvent or is an un-discharged insolvent, or
(iv) he is a minor or a deaf-mute or suffering from leprosy, 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 member-secretary of the Board.
7. Term of office of the members. - The members of the Board, other than the Ex-officio 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 reconstitution of the Board.