The Uttar Pradesh Shri Bankey Bihari Ji Temple Trust Act, 2025

1.(1) This Act may be called the Uttar Pradesh Shri Bankey Bihari Ji Temple Short title, Trust Act, 2025.(2) It shall come into force on such date as the State Government may, by notification, appoint in this behalf.(3) It shall apply to Shri Bankey Bihari Ji Temple, Vrindavan, Mathura in Uttar Pradesh.

2. In this Act, unless the context otherwise requires,- (a) "appointed date" means such date as the State Government may by notification, appoint; (b) "archaka" means any person who performs or conducts any worship, service, ritual or other religious observances in the Temple and includes a Pujari and sewayats; (c) "Board" means the Board of Trustees constituted under section 5; (d) "Chief Executive Officer" means the Chief Executive Officer appointed under section 12; (e) "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 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 within the precincts of the Temple; (f) "Executive Committee" means the Executive Committee constituted under section 12; (g) "religious offering" means an offering made within the precincts of the Temple 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 telegraphic remittances or cheques or bank drafts intended or meant to be an offering for use as such in the Temple; (h) "Temple" means the Temple of Shri Bankey Bihari Ji, situated in the city of Mathura 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 and includes all subordinate temples, shrines, sub-shrines and the ashthan of all 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: (i) Trust Fund means the Trust Fund constituted under section 9.

3.(1) Name, (i) The Trust will be called Shri Bankey Bihari Ji Temple Trust. (2) Office, (i) The Trustees shall at their first meeting identify and deliberate upon the permanent office of the Trust. (ii) The Permanent Office may be shifted to such other place from time to time as decided by the Trustees by means of an ordinary board resolution. (3) Nature, (i) The Trust created hereby is irrevocable.

4.The trust is settled to obtain and achieve the following objects, namely:- (i) to ensure uninterrupted and continuity of the pooja archana and padhithi of the presiding deity and other deities in the temple without any interference or change in line with the customs, traditions of the temple, celebration of festivals, fasts and observances being carried out since the time of Swami Haridas to the maximum extent possible. However, nothing in this clause shall prevent to affix time of darshan, appointment of pujaris and affix their salaries, emoluments and compensation or take any measure to ensure safety of the bhakts and visitors; (ii) to carry out effective administration and management of the temple in consonance with the above objective; (iii) to strive to achieve a seamless, trouble free darshan experience for the devotee by ensuring, safe and comfortable access to darshan and provide for all things necessary to achieve the same; (iv) to ensure world class amenities and facilities for pilgrims, devotees and visitors including but not limited to provisions for appropriate and designated points for prasad distribution, improvement of access facilities for senior citizens and differently abled, potable water dispensers, resting benches and booths computerized access and queue management kiosks, setting up Gaushalas, Annakshetras, Kitchens, rest and travel houses, hotels and serais, exhibition halls, food halls, waiting halls and such other structures, facilities or amenities deemed proper and fit from time to time; (v) to ensure the structural safety of the temple by means of consultation, survey, engagement of renowned archaeological experts, engineers, architects and institutions of repute and further engagement of historians and restoration agencies who can carry out repairs and restorations to ensure the preservation of the temple timelessly and for the benefit of the coming generations; (vi) to manage all the money, funds, valuables assets, deposits, jewelleries donations by whatever name called including but not limited to grants, subscriptions, contributions, hundi collection, daan, chadhawa, nazar, dakshina, offerings, gifts, presents and properties whether moveable or immoveable, present or in the future vested in the deity and/or the temple or being held in his name and/or for his or the temple's benefit by ensuring a proper bookkeeping and maintenance of records to ensure financial transparency and public confidence in management of the temple; (vii) to co-operate and co-ordinate with governmental agencies and local administration by itself and through an appointed board to ensure safety of the pilgrims and help maintain law and order and carry out development of surrounding area in a planned manner; (viii) to do all things as may be incidental and conducive to carry out the management, administration, and maintenance of the temple and convenience of the pilgrims.

5. (1) Appointment, Constitution and Term:- (i) The trustees of the Board of Trustees ("Board") shall be appointed by the State Government: (ii) There shall be two kinds of trustees in the Board, namelynominated trustees and ex-officio trustees; (iii) The nominated trustees shall be a total of eleven (11) persons which will include:- (a) three (3) eminent persons including seers, saints, gurus, scholars, mathadhishs, mahants, acharya, swamis from the Vaishnav traditions, orders or peethas; (b) three (3) eminent persons including seers, saints, gurus, scholars, mathadhishs, mahants, acharyas, swamis from other traditions, orders or peethas of the Sanatan Dharma; (c) three (3) persons of eminence from any walk of life including but not limited to scholars, educationists, academics, entrepreneurs, professionals and philanthropists from any branch or order of the Sanatan Dharma: (d) two (2) members from the officiating Goswamis at the temple, being descendants of Swami Shri Haridas Ji, one representing the Raj Bhog Sewayats and one representing the Shayan bhog Sewayats, from the nominations received in this behalf: (iv) The ex-officio trustees shall not exceed seven (7) but shall include the following incumbents,namely: (a) District Magistrate, Mathura: (b) Senior Superintendent of Police, Mathura: (c) Municipal Commissioner, Mathura; (d) Chief Executive Officer of the Uttar Pradesh Braj Teerth Vikas Parishad; (e) An officer of Dharmath Karya Vibhag, Government of Uttar Pradesh; (f) Chief Executive Officer of Shri Bankey Bihari Ji Temple Trust; (g) Such other member as appointed by the State Government by virtue of their considered expedient to be appointed for the objects of the trust. (v) The nominated trustees shall be appointed for a period of three years subject to their resignation or death, and no trustee can be appointed successively and that no trustee can be appointed for more than two times; (vi) The ex-officio trustees shall be trustees by virtue of their office and shall be members as long as they hold office; (vii) All trustees shall be Hindus and subscribe to the Santana Dharma. No person other than Hindu shall be appointed as a nominated trustee. In case of ex-officio trustees if a person does not belong to the Sanatan Dharma/does not identify as a Hindu or where a person identifies as a Hindu but expresses inability to discharge the office of a trustee on account of his personal beliefs, the person junior to the appointee shall be so appointed; (viii) No person who has been convicted of any crime under a court of law shall be appointed to the Board; (ix) No person shall be disqualified for appointment on account of his/her caste or gender; (x) Upon a vacancy due to death, resignation or otherwise, as and when a new member in the Board of Trustees has to be appointed, the new member shall be elected by other members of the Board of the trustees, by a majority.

6.(1) All nominated members of the Board shall have one (1) vote. (2) The ex-officio members of the Board shall not have any vote, but will be entitled to participate and express opinion in deliberations of the Board. (3) The quorum of the Board shall be not less than seven (7) members including at least five nominated members and two ex-officio members. (4) The Board shall meet once every three (3) months and at such other times and frequency as may be deemed necessary by the Board. (5) A notice of fifteen days, effective from the date of notification will be necessary for carrying out the meetings. However, an emergent meeting may be carried out dispensing any requirement of time in the manner so determined by the Board by means of rules. (6) All resolutions of the Board shall be carried out by a vote of simple majority unless required to be passed by a special majority in respect of certain subjects under this Act. (7) The Board shall appoint in its first meeting and thereafter from time to time upon vacancy a Chairman, a General Secretary and a Treasurer and such office bearers and committees and sub-committees who shall hold such office till they cease to be a member of the Board or unless removed by a resolution of 2/3 members present and voting of at least half the total membership of the Board. (8) Any one or more trustee of the Board other than ex-officio trustees can be removed by a resolution of 2/3rd members present and voting of at least half the total membership of the Board or by an order of the State Government after giving show cause and hearing. (9) Member (s) of the Board shall be accountable and answerable only for such monies, stocks, shares, securities and funds which actually come into his/their hands or in respect of the function delegated or discharged by them. The Trustee shall not be answerable or accountable for neglect, default, Acts or omissions or commissions of the other Trustees, or other person with whom theTrust properties or any securities may have been deposited or kept. (10) The Board or any member thereof shall not be held accountable on account of any decisions or function discharged in good faith.

7.(1) To carry out any one or more or all the of the objects as specified for which they are hereby deemed to have necessary powers. Without generality of the foregoing provision the Board shall, - (a) have the right to carry out administrative, managerial, supervisory and all necessary powers to Act in the best interests, of Shri Bankey Bihari Ji and the temple and its devotees and visitors; (b) to manage the trust fund including accepting any receipts, authorize expenses and manage investments; (c) to authorize acceptance or receipt of any moveable and immoveable property in the name of the presiding deity, the temple and/or the trust; (d) to carry qut investments or deposits in banks or financial instruments and securities or derivatives and secondaries and realise profits and earnings of them in the name and for the benefit of the presiding deity, the temple and/or the trust and designate authorized persons to operate them; (e) to accept or make payments, negotiate documents or claims, and issue receipts, discharges and setoffs; (f) to undertake secured loans, charges, encumbrances with prior sanction of the State Government; (g) to purchase, rent and take on lease property both moveable and immoveable to the extent of Twenty Lakh rupees (Rs.20,00,000/-) and where such amount exceeds Twenty Lakh (Rs.20,00,000/-) to do so with previous sanction of the State Government; (h) to institute, contest and defend litigations, arbitrations, disputes or any other proceedings of any other kind including against third parties and the Government authorities, appoint lawyers for advice or representation and the power to compound and settle any of the above; (i) appoint Chartered Accountants, Cost Analysts, financial advisors, company secretaries and accounting and audit firms; (j) determine and formalize the office, responsibilities and duties of the archaks, sewayats, and pujaris, determine their roster, qualifications and disqualifications, determine the payment of such emoluments and conferment of benefits as decided while being cognizant of section 4 (i) and (iii); (k) appoint such office bearers, employees whether permanent or temporary and determine their pay emoluments, compensation and terms of service; to work in close co-operation with Chief Executive Officer and the executive committee who shall discharge and carry out the instructions and resolutions of the Board; (l) to do all other Acts, deeds, matters and things which may be deemed necessary for carrying out the objects of the Trust and for its administration; (m) to delegate one or more functions necessary to carry out the objectives to the Chief Executive Officer, office bearer or any other person; (n) to frame rules for business of the Board, manner and method of discharging or exercising any power or function, or for any other matter connected to the administration and management of the temple or matters incidental thereto. (2) No third party right of any kind can be created in the deity and temple premises or jewelries of Shri Bankey Bihari Ji. The Board may grant approval to a proposal made by the Chief Executive Officer to sell, gift, exchange, alienate, give on rent or lease, hypothecation, bailment or create any third party right of any kind with respect to any other moveable or immoveable property of the deity, temple and the trust after obtaining prior sanction of the State Government. (3) The Board shall be indemnified against all losses and liabilities incurred by them in the execution of the trust. Any member of Board shall not be personally liable or responsible for any loss or expenses if the Act is done in good faith. (4) The Board shall not Act in any manner inconsistent with the objectives of the trust and no power can be read in excess of and in teeth of the provisions of the trust and with the law being in force.

8.(1) Any trustee shall not be entitled to any pay or salary on account of his appointment as a trustee but shall be entitled for reimbursement of expenses as specified in sub-sections (2) and (3) below. (2) The trustees shall be reimbursed for any expenses incurred for discharge of functions or the benefit of the trust subject consequent to ratification by the Board. (3) The trustees shall be paid a daily allowance, travelling allowance and allowance towards mess and lodging to attend the meetings or where travel is undertaken to represent the Board or carry out any functions of the Board.

9.(1) Trust Properties and Funds:- (i) The entire trust properties and funds whether existent or received in future shall be deemed to be held in trust for Shri Bankey Bihari Ji, the principal deity of the temple (Trust Fund); (ii) The Trust properties shall include all the existent moveable and immoveable properties of the Shri Bankey Bihari Ji temple. Where any person makes a claim upon the deity, the temple or the land upon which the temple is made the trust shall have the right to determine the dispute by settlement or negotiation or by any other means permitted by law including litigation and arbitration and by making a request to carry out acquisition by the State Government; (iii) The jewelleries, utensils, clothes and valuables used for the sewa of Shri Bankey Bihari Ji; (iv) All the money, funds, valuables assets, deposits, jewelleries, donations by whatever name called including but not limited to grants, subscriptions, contributions, hundi collection, daan, chadhawa, nazar, dakshina, offerings, gifts, presents and properties whether moveable or immoveable, present or in the future vested in the deity and/or the temple or being held in his name and/or for his or the temple's benefit; (v) The Trust shall have one account but may have one or more subaccounts for different purposes and functions; (vi) Any one or more property of the trust can be changed or varied to any other provided it is consistent with the provisions of this Act.

10. (1) There shall be at least one permanent Chartered Accountant and Cost Accountant as a full-time employee of the trust. (2) The Trust shall maintain true and proper books of account of all the assets, liabilities and income and expenditure of the Trust and shall prepare an Income and Expenditure Account and Balance Sheet for every year as on the last day of March strictly in accordance with the applicable accounting standards and applicable tax laws which shall be mandatorily audited as referred hereunder. (3) The accounts of every year shall be audited by a Chartered Accountant of a firm of Chartered Accountants who shall be appointed for that purpose by the Board and the audited accounts shall be placed at a meeting of the Trustees, which shall be held before the end of the succeeding year and also signed by the Board. (4) Upon the discovery of any discrepancy in the accounts or upon complaint as regards any financial matter, the State Government shall also have an independent power to access books of accounts and carry out an audit either through the Office of the Comptroller and Auditor General of the State of Uttar Pradesh or an independent firm of repute as may be deemed fit and necessary.

1. (1) The Board shall in the first meeting of every financial year, devise and Budget approve a budget for the upcoming year. (2) The Budget shall also include provisions for the Chief Executive Officer and Executive Committee.

12.(1) Appointment and Term of Chief Executive Officer:- (i) The State Government shall appoint a full time Chief Executive Officer for the Trust; (ii) The Chief Executive Officer so appointed shall be an officer of the State Government and be not less than the post or equivalent to ADM (Additional district magistrate); (iii) The Chief Executive Officer shall be an ex-officio member of the Board and shall hold his office as Chief Executive Officer and member of the Board (as long as he hold his government office), unless removed by the Board or the State Government as per the provisions of this Act. (2) Allowances and other Conditions of Service:- (i) The Chief Executive Officer shall not be entitled to any pay or salary on account of his appointment as a trustee or Chief Executive Officer but shall be entitled for reimbursement of expenses as well as an allowance to be determined by the State Government from time to time. (3) Powers and Duties of the Chief Executive Officer:- (i) The Chief Executive Officer shall be the principal Executive Officer of the Board, and shall Act and pass orders in accordance with the provisions of this Act and the rules and regulations made thereunder; (ii) The Chief Executive Officer shall, subject to the provisions of this Act and the control of the Board, be responsible for the management and administration of the Trust's affairs and the Trust Fund; (iii) The Chief Executive Officer, subject to and in accordance with the provisions of this Act, shall:- (a) carry out the decisions and directions ofthe Board; (b) arrange for the proper collection of, maintenance and disposal of the religious offerings in the Temple and keep a full and proper account of the same (c) have custody of and make suitable arrangements for preservation and maintenance of all records, jewelleries, valuables, moneys, valuable securities and properties of the Temple and put them to proper use for the benefit of the Temple Deity, Temple and the Bhakts, as per the directions/decisions/orders the Board; (d) record and maintain minutes of the proceedings of the Board; (e) exercise control over the employees of the Trust as delegated by the Board; (f) to do all such things as may be required for the performance of his or the Board's duties imposed by or under this Act. (4) Emergency Powers of the Chief Executive Officer:- (i) The Chief Executive Officer, in case of any emergency requiring immediate and expedient intervention, may direct the execution of any work or doing of anything which is not provided for in the Budget for the year or not directed by the Board, which in the opinion of the Chief Executive Officer is immediately necessary for the preservation of the Temple or its endowments, or for the health, safety or convenience of the devotees/ pilgrims/bhakts/ worshippers of the Temple Deity 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 doing of such thing shall be paid out of the Trust Fund; (ii) Whenever the Chief Executive Officer takes any action under the above clause (1), the Chief Executive Officer shall forthwith report to the Board and Executive Committee the action taken together with a statement of reasons for such action and thereupon the Board shall take such action, after taking into account the recommendations of the Executive Committee as it deems fit.

13. (1) Non-abridgement of Religious and Pious Traditions of the Temple:- (i) The purpose of setting up the Trust is not to interfere or in any way affect the religious and cultural traditions of the temple by the State Government but rather to formalize and preserve them in perpetuity in view of fundamental rights of citizens under the Constitution; (ii) That the State Government shall subject to Article 19(1)(a) read with Article 19(1)(6), Article 25 and Article 26 (if Applicable) not interfere in any religious aspect of the temple affairs. (2) Purpose and Limited Nature of State Government:- (i) The purpose of the Trust is further not to take over the assets or the properties of the temple but to ensure that, since the same are constituted of donations and offerings of the public, financial transparency is maintained with respect to them and that the expenses are carried out in a most moral, responsible and accountable manner.

14. (1) The trust shall be an autonomous and independently acting body and will not require any previous sanction or authorization of the State Government in any matter unless specifically provided. (2) The purpose of appointing the ex-officio members of the Board is not to control but to ensure administrative alignment, practicality and constructive opinion to ensure the Board functions properly. (3) The trust is not a body with technical expertise or adept in public administration and as such the purpose of appointing a Chief Executive Officer and the Executive committee is to only ensure that any decisions of the Trust is carried out with co-ordination amongst the temple and public authorities in a legal, practical, expedient and efficient manner. (4) The trust is independent financially and the power of audit and pre-sanction in respect of high value transactions and alienation has only been retained to maintain and ensure public confidence and ensure no mismanagement takes places as it is ultimately the money of the general public which is donated to the temple. The State shall not be entitled to borrow or take any funds from the Trust.

15. The Board shall have the power to alter or amend the provision of the Trust without changing the Constitution of the Board, and such alterations or amendments shall not be inconsistent with the basic Structure of the Trust, the Objects of the Trust, as well as the provisions of the Income Tax Act, 1961 governing Charitable and Religious Trusts and all laws which may be applicable from time to time.

16. 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 order, such provisions, not inconsistent with the provisions of this Act, as appear to it necessary or expedient for removing the difficulty.

17.The State Government may, by notification, make rules for carrying out the purpose of this Act.

18. Subjects 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.

19. (1) The Uttar Pradesh Shree Bankey Bihari Ji Temple Trust Ordinance, 2025 is hereby repealed.

1. (2) Notwithstanding such repeal, anything done or any action taken under the provisions of the Ordinance referred to in sub-section (1) shall be deemed to have been done or taken under the corresponding provisions of this Act as if the provisions of this Act were in force at all material times.