THE KERALA HINDU PLACES OF PUBLIC WORSHiP
(AUTHORISATION OF ENTRY) ACT, 1965
Preamble.
Sections
(President's Act 7 of 1965)
CONTENTS
I. Short title, extent and commencement.
2. Definitions.
3. Places of public wmship to be open to all sections and cl~ses of Hindus.
4. Power to make regulatiOns for the maintenance of order and decorum and the due performance of ntes and ceremonies in places of public worship.
5. Penalty.
6. Abetment of offences.
7. Enhanced penalty on subsequent conviction.
8. Limitation of jurisdiction of Civil court~.
9. Offences under the Act to be cogmsable and compoundable.
10. Saving. •'
11. Repeal.
THE KERALA HINDU PLACES OF PUBLIC WORSHIP •
(AUTHORISATION OF ENTRY) ACT, 1965
(No. 7 of 1965) Enacted by the President in the Sixteenth Year of the Republic of India.
An Act to make better provisio11s for the entry of all classes a11d sections of Htndus into places of public worship.
In exercise of the powers conferred by section 3 of the Kerala State Legislature (Delegation of Powers) Act, 1965 (12 of 1965), th,. President is pleased to enact as follows :- ·
I. Short title, extent and commencement.-( I) This Act may be called the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint.
• Published m the Kerala Gazette Extraordinary No. 138, dated the 3 ht December, 1965. ~I
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2. Deftnitions .-In this Act, unless the context otherwise requires,- ( a) " Hindu" includes a person professing the Buddhist, ~ikh or Jama teligion ; .
(b) " place of pubhc worship" means a place, by whatever name known or to whomsoever belonging, which 1s dedicated to, or for the. benefit of, or 1s used generally by, Hmdus or any section or class thereof, for the performancr of any religious service or for offering prayers therem, and mcludes. all lands and subsidiary shrmes, mutts, devasthanams, namaskara mandapams and nalambalams, appurtenant or attached to any such place, and also any sacred tanks, wells, sprmgs and water courses the waters of which are worshipped, or are used for bathing or for worship, but does not include a " sreekoil " ;
(c) "sectiOn or class" 'mcludes any division, sub-division, caste, sub-caste, sect or denomination whatsoever. · . .
3. Places of publzc worship to be open to all secttons and classes of Hzndus.-Notwithstanding anything to the contrary contained in any other law for the time being in' force or any custon;t or usage or any mstrument having effect by virtue of any such law or any decree or order of court, every place of public worship which is open to Hindus generally or to any section or class thereof, shall be open to all sections and classes of Hindus ; and no Hindu of whatsoever section or class shall, in any manner, be prevented, obstructed or discouraged from entering such place of public worship, or from worshipping or offering prayers thereat, or performing ,any religious service therein, in the like manner and to the like extent as any ._other Hmdu of whatsoever section or class may so enter, worship, pray or perform :
Provided that in the case of a place of public worship which is a temple founded for the benefit of any religious denomination or section thereof, the provisions of this section shall be- subject to the right of that religious denomination or section, as the case may be, to manage its own affairs in matters of religion.
4. Power to make regulations for the maintenance of order and decorum and the due performlmce of ntes and ceremonies zn places of public worship.- ( I) The trustee or any other person in charge of any place of public worship shall haVe power, subject to the control of the competent authonty and any rules which may be made by that authority, to make regulations for the maintenance of order and decorum in the place of public worship and the due observance of the religious rites and cere• monies performed therein :
Provided that no regulation made under this sub-section shall discriminate in any manner whatsoever, against any Hindu on the ground that he belongs to a particular section or class.
(2) The competent authority referred to in sub-section (I) shall be,-
(i) in relation to a place of public worship situated in any area to which Part I of the Travancore-Cochin Hindu Religious Insti- tutions Act, 1950 (Travancore-Cochin Act XV of 1950), extends, the Travancore Devaswom Board ;
(ii) in relation to a place of pubhc worship situated in any area to which Part 11 of the said Act extends, the Cochin Devaswom Board; and
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· (iii) in relatwn to a place of public worship situated in any other area m the State of Kerala, the Government.
5. Penalty.-Whoever, in cantraven"tion of section 3,- ~ .
(a) prevents or attempts to prevent any person· belonging to any section or class of Hindus from entering, worshipping or ·offering pray~ ers, or performmg any religious service, m any place of public worship ; or
(b) obstructs, or causes or attempts to caus~. obstruction to, or by threat of obstruction or otherwise &scourages, any such person from domg or performing any of t~e acts .aforesaid, " 1., ." ~ shall be punishable Wlth impr~onmetit Which may extend to six months, or .vith fine which may extend· to five-.hundred rui?ees, or w1th both :
. ' ' Provided that in 'a case where a sentence or' fine ·only is awarded, such fine 'shall not be less than fifty·r~pees. . • _
6. Abetment of offen::es.-Whoever abets any o'ffence under this Act shall be punishable with the punishment provi~ed for the offence.
7. Enhanced penalty on subsequent coi!Viction.-Whoever, having already been convicted of an offence under this Act or of"an abetment of such offence, is again convicted .of any such offence or abetment shall, on every such subsequent convicti?q, be punishable with impri. sonment for a term which shall not be le"5S than one month but which may extend to one year an.d With fil}e. Vl{h1ch shall not be less than two hundred rupees but which,.m~y exte~S{ to one thousand (upecs . .! .. .. •
8. Lzmrmtion of ;urisdictzon of ·cwil couris.-No .civil '.-court shall entertain or continue atiy .suit or proceeding, or shall pass any 'decree or order, or execute wholly or partially any''deqee or order, if th~ claim involved in any such suit or proceeding,' or it· the passing of any such decree or order, or if such execution, would in any way be contrary to the provisions of this Act. ··•
9. Offences under-the Act to be cognisable and·'compounda~le.-Notwith- stomding anything contained in the Code of Crimmal Procedure, 1898 (5 of 1898),-
(a) every offence under this Act shall be cognisable ; and
(b) every such offen~e, except where it is committed by a person who has been convicted for the same offence previously, may, with the permission of the court, be compounded.
I 0. Saving:;-Nothing _in this· Act shall apply to any matter which is an offence under the Untouchability .(Offences) 'Act, 1955 (22 of 1955). . ' .
II. Repeal.-The Madras Temple Entry Authorisation Act, 1947 (Madras Act V of 1947), as in force 111 the Malabar Dtstnct referred to in sub-section (2) of sectiOn 5 of the States Reorgam~ation Act, 1956 (37 of 1956), and such of the provisions of the Travancore-Cochin Temple Entry (Removal of Dt~abilities) ·Act, 1950 (Travancore-Cochm Act XXVII of 1950), as have not been repealed by the Untouchability (Offences) Act, 1955 (22 of 1955), are hereby repealed. \