Kerala act 007 of 1971 : The Koodalmanickam Devaswom Act, 1971 (No.7 of 1971)

THE KOODALMANICKAM DEVASWOM ACT, 1971

(Act 7 of 1971)

CONTENTS

Preamble.

CHAPTER I

Preliminary Sections

1 Short title and commencement.

2 Defimhons

CHAPTER II

The Committee :3 Incorporation.

4. Compos1t1on of Comm1ttee.

5 Term of office of non-offic1al members, res1gnat10n and removal of such members and casudl vacanctes m the1r office

rs Dtssolutwn and supersess10n of Commtttee. Meetmgs of the Commtttee

Acts or procet:>dmgs of Comm1lltee not to be mvahdated. Remuneratwn of Chatrman and members.

Duties of Committee

Ahenat10n of Devaswom properties

L1m1tahon of borrowmg and lendmg powers Admrmstrat10n report.

CHAPTER III

Admini!!.tration and Establishment Appomtment of Administrator. Conditions of service of Admmistrator.

Sections

16 Add1t10nal charge of office of Adm1mstrator

17 Powers and dut1es of Adm1mstrator.

18 Extraordmary powers of Adm1mstrator

19. Establishment schedule

CHAPTER IV

Budget, Accounts and Aud1t

20 Budget

21. Rev1~ed nr supplementary budget.

22 Aud1t.

CHAPTER V

General

23 Temple Fund

24 ReviSIOn by Government.

25 Rules

26 Regulatwns r

(

27 Comm1tlee ill be m possess1,:mof 1he Devaswom proper- ties

28 Protect10n of actwn taken m good faith

29 Public officers to furmsh cop1es of or extracts fron1 certam documents

30. Acts of Adrr 1mstrator not to be mvahdated

31 Certam nghts and pnv!leges of Kaunal not to be affected

32 Savings

33 Removal of dlf'ficultles

34 Repeal and savmg Schedule I

Schedule II

• '!

THE KOODALMANlCKAM DEVASWOM ACT, 1971"' (Act 7 of 1971)

An Act to mal{e provision for the proper administration of the Koodalmamckam Devaswom in Irinjalakuda Preamble.-WHEREAS the Koodalmamckam Temple m It mplukudc1 I!:> a very anctent temple of umque Importance whtch owns extensive propert1es and endowments, AND WHEREAS under the ProclamatiOn Issued by lhs Il1ghness the RaJa of Cochm on the 30th Nove•nber, Hll7 and the !>Cherne of management Issued under that ProclamatiOn, lhe Jdmm1stratwn, cont~·ol and management of the Devaswom have b~t!n vested m the Thachudaya Kaimal AND WHEREAS the admtmstrahon and management of the Devaswom by the Thachudaya Kaimal have dctenordted and .J. situatiOn has ansen rendenng It expedient -to re-orgamse, m the mterests of the general public, the scheme of manage- ment of the affairs of the Devaswom and to prov1de better admml!:>trdtJOn therefor In supersessiOn of all prevwus laws ' and arrangements applicable thereto ,

BE It enacted m the Twenty-second Year of the Hepublic oi Ind1a c1s follows -

CHAPTER I

PRELIMINARY

1 Short title and commencement.-(1) This Act may be called the Koodalmamckam Devaswom Act, 1971

(2) It shall be deemed to have come mto force on the

2 Definitions.-In this Act, unless the context otherwise reqUires,-

( a) "Adnum~trator" means the Admm1strator appomted ~ under section 14;

(b) 'Committee means the Koodalmamckam Devaswom Managmg Committee constttuted under sectwn 3 ;

• • Published m the Gazette ~xtnwrdmary No. 221, dated 22n•J Apnl, 1971.

Temple. and includes It:> lhe subordmate temples

(d) "Kaunal · .neans the person appomted :o be the Thachudaya Ka1mal of the Koodalmamckam Devaswom m ac- cordam:e with accepted custom ;

(e) "Prescnbed" means prescnbed by rules made under tl11S Act,

(f) ' T(>mplP" means the Koodalmamckam Temple m IrmJalakuda ,

(g) "Temple Fund'' means the Sree Koodalmamckam Temple Fund cons1Jtuted under sectiOn 23

CHAPTER II

THE COMMITTEE

3 Incorporation.-- (1) The admimstrdtJon, control and mana!5 ... mer.t .-,£ the Devaswom shall be vested m a Committee conc::tJtuted m the manner heremafter prov1ded

(2) The Comm1ttee shall be the name of the "Koodc~l- mamckam Devaswom Ivianagmg Committee" be a body cor- porate and shall have perpetual successiOn and a common seal and shall by the sa•d name sue and be sued through the Ad- mmtstrator.

4 Composition of Committee.-(!) The Committee shall consist of the followmg members, namely:-

(a) the Kaimal, who shall be the Chairman · Provided that if the Ka1mal 1s unable to functiOn as the Chairman for any reac;on or the office of the Ka1mal falls vacant, the Government may nommate any person professmg the Hmdu religiOn to be the Chairman for the penod durmg which the Ka1mal IS unable to functiOn as Chairman or tiLe office 1s vacant, as the case may be, subJect to a maxi- mum penod of three years ;

(b) the Adtmmstrator, ex officio;

{c) the CommiSSIOner of Hmdu Rel1gwus and Chdn- table Endowments appointed under the Madras Hmdu Reh- gwus and Chantable Endowments Act, 1951 (Madras Act x.IX

of 1951), ex officio;

(d) the President of the Cochin Devaswom Board. ex officio ;

(e) the D1stnct Collector, Tnchur, or 1f he 1s not a person professmg the Hmdu rehg1on, any officer professmg the Hmdu rehg1on and not below the rank of Deputy Collector nommated hy the D1stnct Collector m th1s behalf, ex officio;

(f) four persons professmg the Hmdu rehgwn nomi- nated by the Government

(2) A person ->hall be d1squahfied for bemg nommated as Cha1rman under the prov1so to clause (a) of sub-sectwn (1) or as member under clause (f) of that sub-section, if he 1s ~ubject to any of the disquahficatwns mentioned m clauses (a),

(b) and (c) of sub-section (3) of sectwn 5.

5 Term of office of non-official members, resignation and removal of such members and casual vacancies in their office.-

(1) A member nommated under clause (f) of sub-sectiOn (1) of section 4 shall hold office for a period of three years from the date of h1s nommatwn and shall be ehg1ble for re-nommatwn.

(2) The Cha1rman nominated under the prov1so to clause

(a) of sub-sectiOn (1) of sectwn 4 or a member referred to m sub-sectwn (1) may resign h;s office by glVmg not1ce 111 wnt- ing 1 hereof to the Government and shall cease to be the Cha1rman or member, as the case may be, on the res1gnatwn bemg accepted by the Government

(3) The Government may, by order, remove from office the Cha1rman or a member referred to 111 sub-sectwn (2) If- .

(a) he IS of unsound mmd and stands so declared by a competent court; or

(b) he has applied for bemg adJudged an msolvent, or Is an undischarged insolvent, or

(c1) he has been guilty of corruptwn or misconduct m the aclmmJ::.tratwn of the Devaswom, or

(e) hiS presence 111 the Committee IS, 'n the rJpimon of th~ Government, preJudicial to the mterests of the D~vaswom, or

(iJ he has absented himself for more than three conse- cutive meeting~ of the Committee and IS unable to explam such absence to the sat1sfact10n of the Committee ; or

(g) he, bemg a legal practltwner, has acted or appeared on behalt of any person agamst the Devaswom 1n any legal proceedmg; or

(h) he ceases to profess the Hindu rel1gwn

(4) The Cha1rman or a member shall not be removed under sub-sectwn (3) unless he has been given a reasonable opportumty of showm,g cause agamst h1s removal

(5) An order of the Government under sub-sectiOn (3) shall be final and shall not be ltable to be questioned m any court of law

(6) The term of office of a member appomted to fill a casual vacancy shall be for so long only as the member whose place has been filled would have been entltled to hold office 11 the vacancy had not occurred

6. lJtssolution and supersession of Committee.-(1) If, in the opmwn of the Government, the Comm1ttee IS not compe- tent to perform or tn:1kes default m performmg the dul!e~ imposed on It under this Act or exceeds or abuses Its powers, the Government may, :1fter such mqmry as may be nece~s1ry by notdkotwn m the Gazette, supersede the- Committee for such penod not exceedmg SIX months as the Government may deem fit

(2) Before Issmng a notlfiaction under sub-sectiOn (1), the Government shall commumcate to the Committee the grounds on wh1ch they propose to do so, fix a reasonable ttme for the Committee to show cause agamst the propos~l and con- ., s1der Its explanatwns and objectwns, 1f any ·

(3) Where a Comm1ttee IS superseded under th1s section. the Gover11ment shall appomt a person m the service of the Government and professmg the Hmdu religion to exerc1se the powers and perform the functwns of the Committee unt1l the expiry of the penod of supersesswn

Provided that the penod dunng wh1ch the Commtttee re- mams superseded shall not have the effect of extendmg the maximum term of office of the Chairman nommated under ihe prov1so to clause (a) of sub-sectwn (1) of sect1on 4 or of a ---1

'-'

~I y

member nominated und~·r clause (f) of that sub-section beyond a penod of three year~-

7. Meetings of the Committee.- (1) The Comm1ttee shall mamtam 1ts office at such place or places at Inn3alakuda as the Comm1ttee may determme, for the transactwn of 1ts bus mess

(2) Every meetmg of the Committee shall be presided over by the Chairman and m h1s absence by a person elected for the ptu pose by the members present from among them- selves

(3) No busmess shall be transacted at any meeting of the Committee unless at least four members thereof are present.

(4) Questions ansmg at a meetmg of the Comm1ttee shall be decided by a majonty of the votes of the members present there at and the Cha1rman or the person presidmg shall have and exe1 C!Se h1s castmg vote m the case of equallty of votes.

8 Acts or proceedings of Committee not to be invali- dated.-No act or proceedmg of the Comm1ttee shall be m- vahdated merely by reason of-

(a) any vacancy m or any defect m the constitution of the Comm1ttee ;

(b) any defect m the nommatwn or electwn of a person actmg as the Chairman or a member of the Comm1ttee ; or

q Remuneration of Chairman and members.-(1) Where the Ka1mai 1s the ChaJrm<:ln, he shall be entitled to an hono- ranum of three thouo;and e1ght hundred rupees and two thousand twenty-four paras of paddy per annum

(2) No member of the Comm1ttee other than the Chairman (where he ~~ the Ka1mal) or the Admm1strator shall rece1ve

10 Duties of Committee.-Subject to the provisions of th1.s .Act a'1d the rules made thereunder, 1t shall be the duty of the Committee-

(a) subiect to the custom and usage in the Temple, to arrange for the proper performance of the ntes and ceremomes in the Tt:mple and the subordmate temples attached thereto in accordance With the pathivu or scale of expenditure speci- fied m Schedule I;

(b) to provide iac1hties for the proper performance of worship by the worshippers; ~:_;'

(c) to ensure the safe custody of the funds, valuable securities and Jewellenes and the preservation and management of tht: pruperties vested m the Temple ,

(d) to ensure mamtenance of order and disciplme and proper hyg1emc conditions m the Temple and the subordinate temples attached thereto and of proper standard of cleanlmess and pun~y m the offenngs made therem ,

(e) to ensure that the funds of the endowments of the Temple arc spent accordmg to the wishes so far as may be known of the donors ;

(f) to make provision for the payment of suitable emolu- ments to the salaned staff of the Devaswom; and

(g) to do all such thmgs as may be InCidental and con- ducive to the efficient management of the affairs of the Devaswom and the convemence of the worshippers

11. Alienation of Devaswom properties.-(!) No movable property of a non-penshable nature which IS m the possesswn of the Committee and the value of which IS more than five thousand rupees and no Jewellenes shall be sold, pledged or otherwise alienated wtthout the prevwus approval of the Government

(2) No Immovable property taken possesswn of by the Committee shall be mortgaged, sold or otherwtse ahenated ex- cept wtth the prevwus sanctwn of the Government

12 Limitation of borrowing and lending powers.-The Committee shall have no power to borrow money from or to lend money to any person except With the previOus sanctwn of the Governrnent

13 Administration report.-(1) The Committee shall an- nually submtt to the Government a report on the admmts- tratwn of the affmrs of the Devaswom at such time as thf' Government may prescnbe, and such report shall be forth"-'tth published by the Committee m the prescnbed manner

~~ j

(2) The report prepared and pubhshed under sub-sec- twn (1) ~hall, as soon as possible, be la1d before the Leg1slat1ve Assemby.

CHAPTER III

ADMINISTRATION AND ESTABLISHMENT

14. Appointment of Administrator.-The Government shall appomt an officer not below the rank of Tahstldar or Ass1stant Comm1sswner of Hmdu Rehgwus and Chantable En- dowments appomted under the Madras Hmdu Rehgwus and Chantable Endowment<> Act, 1951 (Madras Act XIX of 1851) and professmg the Hmdu rehgwn to be the Admm1strator for the Devaswom.

15 Conditions of service of Administrator.-(!) The Ad- mm,strator shall be a full-t1me officer of the Devaswom and shall not undertake any work unconnected w1th h1s office Without the perm1sswrt of the Comm1ttee

(2} The Admm1strator shall be pa1d out of the Temple Fund such salary and allowances as the Government may fix m th1s behalf

(3) There shall be levied a contrtbutwn from the Temple Fund towards the leave allowances, penswn and pro- vtdent fund ot the Adnumstrator to the extent requ1red by the rules for the t1me bemg m force

(4) SubJect to the prov1s10ns of sub-sectwns (1) and (2), the cond1t tons of set v1ce of the Admmtstrator shall be such as may be prescnbed

16 Additional charge of office of Administrator.-(!) Not- Withstandmg the prov•<:JOns of sectwns 14 and 15, 1t shall be competent for the Government to appomt an officer of the Government not below the rank of Tahs1ldar or AsstStant Com- miSSIOner appomted under the Madras Hmdu Rehgwus and Cha11table Endowments Act, 1951 (Madras Act XIX of 1951), to be m addttlonal charge of the office of the Adm1mstrator. pendmg appomtment of the Admm1slrator under sectwn H or when the office 1s temporanly vacant

• Prov1ded that the penod of such adchtwnal charge shall not exceed one month.

3/23-4

(2) An officer appomted to be in additional charge of the office of the Administrator under sub-section (1) shall be paid out of the Temple Fund such allowances as the Govern- ment may fix m this behalf

17 Powers and duties of Administrator.-(!) The Admini- strator shall be the Secreta!'y to the Committee and its chiei executive officer and shall, subJect to the control of the com- mittee, have powers to carry out Its deciswns m accordance With the prov1s10ns of th1s Act.

(2) Notw1thstandmg anything contamed in sub-section

(1) or m sect1on 3 the Admmtstrator shall be responsible for the custody of all records and properties of the Devaswom

(3) The Admm1strator shall arrange for the proper collectwn of offenngs made m the Temple.

(4) The Admmistrator shall have power-

(a) to appomt all officers and employees of the Temple;

(b) to grant licences for the use of the lands of the Temple for a penod not exceedmg one year at a time or to lease out for a penod not exceedmg one year at a t1me the bUildmgs of the Temple which are ordmanly let,

(c) to call for tenders for works or supphes and to accept such tenders when the amount or value thereof does not exceed five thousand r•1pees , and

(d) to order f0r any emergency repairs the cost of which does no\ exceed five thousand rupees :

Prov1ded that the exercise of the powers under clause (a) or clause (b) or clause (c) shall be subJect to the directiOns, 1f any, of the Comm1ttee 1ssued m that behalf

18 Extraordinary powers of Administrator.-(!) The Ad- mmlstrator may m cases of emergency d1rect the executiOn of any work or Lhe domg of any act wh1ch 1s not provided f01 m the budget for the year and the 1mmed1ate executwn or the domg of wh1ch IS m h1s opmwn necessary for the preservatiOn of the propert1es of the Temple and 1ts endowments or for the service or safety of worsh1ppers resortmg to the Temple or for the due performance of the ntes and ceremonies therem m ac- cordance w1th the custom and usage m the Temple, and may dn ect that the expenses of executmg such work or domg iUCh act shall be pa1d from the Temple Fund

(2) Any action taken by the Administrator under sub- sectwn (1) shall forthw1Lh be reported to the Committt:!t! together With the reasons therefor.

19. Establishment ~chedulc.-(1) The Admmistrator may, as soon as may be after his appomtment, prepare and submit to the Commtttee a schedule settmg forth the duties, designa- tions and grades of the officers and employees who may, m hts opmwn, consttlute the estabhshment ot the Temple and embodymg hts proposals wtth regard to the salanes and allowances payable to them, and such schedule shall come mto force on approval by the Committee

(2) No change shall be effected in the schedule except wtth the sanction of the Committee

(3) Subject to such exceptions as the Committee may by general or special order direct and subject lo the provis1ons of sub-seclwn (6), the officers and employees of the Devaswom in the service of the Devaswom Immediately before the com- mencement of this Act shall contmue as such, and the conditiOns of their service shall be such as may be pn~scnbed

(4) Any person who was an employee of the Devaswom on the 1st day of January, 1970, and whose service as such employee was termmated before the commencement of this Act, may apply to thf! Committee for remstatement

(5) On receipt of an apphcatwn under sub-sectwn (4), the Committee may, If It IS satisfied that the termmatwn of employment of the applicant was not JUStifiable or not m accordance w1th law. remstate the applicant m the service of the Devaswom

(6) Any person remstated under sub-section (5) shall be deemed to have conlmued m servtce and shall be entitled to all nghts and pnv1leges, as If his service had not been term mated

(7) The creation of any new appomtment carrymg a salary of not less than two hundred rupees per mensem shall be subJect to the prevwus sanctiOn of the Government

(8) A person who does not profess the Hmdu rehgwn shall be disqualified for bemg appomted as, or for bemg an offic~r or servant of the Devaswom

3/23-4a

CHAPTER IV

BUDGET, ACCOUNTS AND AUDIT

20 Budget.-(1) The Adm101strator shall every year pre- pare 10 such manner and 10 such form as may be prescnbed a budget estimate of the receipts and expenditure of the Devaswom for the follow10g year and place It before the com- ---'f

m1ttee which may approve It Without modificatiOn or w1th such mod1ficatwns as It may deem fit.

(2) The budget, after the approval of the Committee under sub-sectwn (1), shall be submitted to the Government before such date as may be fixed by the Government 10 that behalf.

(3) Before sanct10n10g a budget, the Government shall satJ<;[y themselves that adequate proviSion has been made 10 the budget for the ma10tenance of the prescnbed workmg balance and for meetmg the habiht1es of the Devaswom

(4) If the budget as subm1t'ted to the Government does not provide for the matters mentiOned m sub-sectwn (3), the Government may modify any part of the budget so as to en-

•ure that such proviSIOns are made

(5) The deciSIOn of the Government sanctwnmg the budget, subJect to modificatiOns, 1f any, shall be commumcated to the comm1ttee at least fifteen days m advance of the com- J mencement of the yeac to wh1ch the budget relates and m the ~ absence of such commumcatwn before the end of the precedmg financial year. the budGet shall be deemed to have been sane- j

honed m pursuance of th1s section. ,

21 Revised or ~upplementary budget.- If. m the conrse 1

of any year. the Committee cons1ders It neces.:;dry to modify ~he figures shown m the budget w1 th regard to 1ts receipts or xpend1ture, 1t may submit a supplementary or rev1sed budge~ ·o the Government

Provided that no alteratwn shall be made m the workmg balance w1thout the consent of the Government

22 Audit.-(1) The Government shall every year appomt an <1Ud1tor to audit the accounts of the Devaswom and fix his remuneratiOn

(2) The remuneratiOn to the audttor shall be p

(:~) The audJtor shall submtt hts report to the Com- mittee and send a copy of tl to the Government, and thereupon ~he Government may tssue such dtrectwns thereon as they deem fit, and the Committee shall comply with such directwns ( 4) The report of •the audttor and the dtrectwns Issued by the Government thereon shall be published m the prescnbed manner

CHAPTER V

GENERAL

~3 Temple Fund.-(1) There shall be constttuted a fund to be Cdlled "Sree Koodalmamckam Temple Fund ' which shall be vested m and be admtmstered by the Commtttee

(2) The fund shall constst of-

(d) the mcome denved from the mov..1blc and Immov- able properttes of the Devaswom,

(b) dny contnbultwns by the Government either by way of grant or by way of loan;

(d) dll recovenes under this Act, and

(e) any dther gifts or contnbutwns made by the public, locdl authontttes or mstitutwns

(3) The fund may be ut!l1sed for any of the purposes rrescnbed under thts Act dnd for all OI any of the followmg purpo!>es, namely -

(a) mamtenance (mcludmg repairs and reconstructiOn) management and admmistratton of the Temple, Its properties and the temples subordmate thereto ,

(b) trammg of archakas to perform the rehgtous wor- ~hip and ceremomes m the Temple and the temples subordtn3te thereto,

a1 rangements for the worshtppers and the p!lgnms and cons- tl uctwn of bUildmgs for thetr accommodation ,

(d) culture and propagatton of the tenets and phtloso rhy•associated wtth the Temple,

~ t.·

!>4

(e) any other work or undertakmg for the purposes of the Devaswom authonsed by the Government, so long as such authonsatwn subsists , and

(f) With the previous sanctwn of the Government, for the establishment and mamtenance of, or the makmg of any grant c.r contnbutwn rto, any poor home or other similar

•nst1tut~on.

24. Revision by Government.-(!) The Government may call for and examme the records of the Admm1strator or of the Committee to satisfy themselves as to the regulanty of such proceedmgs or of the (:Orrectness, legality or propnety of any decisiOn or order made therem, and 1f 111 any case 1t appears to the Government that any such decisiOn or order should be modified, annulled, revised or remitted for re-consideratiOn. they rr.ay pass orders accordmgly

(2) The Government may stay the execution of any decisiOn or order referred to m sub-sectwn (1) pendmg 1 he exerc1se of their powt r under that sub-sectwn In respect thereof

25. Rules.-(1) The Government may, by nottficatwn 111 the Gazette, make rules to carry out the purposes of this Act.

(2) In particular, and without preJudice to the generality 1 ,f the foregomg power, such rules may provide for- ( a) the mann€r of exercise of control by the Committee over the actwns of the Admm1st1 <•tor ,

(b) :the grant of travellmg or da1ly allowances to the members of the Committee ,

(d) the conditions of service of the Admmistrator,

(e) the pubhcahon of the admm1stratwn report under sertwn 13 ,

(f) the custody of the records and properties of the Devaswom,

(g) the payment of contnbutions towards the l~ave allowances , penswn and provident fund of the Adm1mstrator , -- --------------------

...

' I

(h) the preparutwn of the budget estimates for the Devaswom,

(I) the preparation and sanction of estimates and acceptance of tenders 111 respect of publzc works and for sup- plles,

(J) the custody and mvestment of the Temple Fund by the Committee ;

(k) the audit of the accounts of the Devaswom. the partt.wu¹ars to be mentioned m the audit report and the manner of pubhcatwn thereof and of the directwns 1ssued under sectwn 22 ,

(1) the recovery of amounts payable to auditOl s ap- pomtE'd by the Government , and

(m) any other matter wh1ch has to be, or may be, prescnbed

(3) Every rule made under 1 his Act shall be latd, as

"OOn a~ may be after It IS made. before the Legic:;lailve Assem- bly while It 1S In sess1on for a total penod of fourteen days \\'h1ch may be compnsed m one sesswn or m two successive sess10ns, and If, before the expiry of the sess10n m which It JS so laid, or the sesswn Immediately followmg. the Legislative Assemhly makes any modtficartwn in the rule or decides that the rule should not be made, the rule shall thereafter have effect only m such mod,fied form or b'e of no efiE:ct, as the case may be , so however thc.t any such modlfl.catwn or annulment shall be Without preJudice to the vahdtty of anythmg prevwu.:,ly done under that rule

2G Regulations.-(1) The Comm1ttee may, subJeCt to the approval of the Government, make regulatwns not incon- sistent With the provisions or thts Act and the rules made thereunder to provtde for the manner 10 which the duties Im- posed on 1't under this Act and Its functiOns thereunder shall be d1scharged

(2) In parttcular, and wtthout preJUdice to the genera- ltty of the foregomg power, such regulat10ns may provide f01-

(a) the conditions of servtce of the officers and em- ployees of the Devaswom,

• (b) the observance of the ntes and ceremomes and other usages 10 the Temple and the temples subordmate thereto,

27 Committee to be in possession of the Devaswom pro- perhes.-(1) The Committee shall be entitled tc take and be m possessiOn of all movable and unmovable properties mcludmg Jewellf'nes, records, documents and other assets belongmg to the Devaswom --f

(2) Notwithstanding anythmg con1 amed m sub-sectiOn (1), penclmg consti1tut10n of 1he Committee, the Admmislrator shall be entitled to 'take and be m possessiOn of all the proper- lles referred to m that sub-sect1on

(3) If m obtaining such possessiOn, the Comnuttee or any person authonsed m th1s behalf by the Cmmmltee or the Administrator, IS res1sted or obstructed b;y any one, the Com- mittee or the Administrator, as the case may be, may make a requiSitiOn m the prescnbed form to the Collector of the d1stnct m which any such property IS Situate to dehver posses- siOn thereof to the Cr 11m1ttee or the Admimstrator, d'> the case may be

(4) Where a reqUic;;ttwn IS made to the Collector under sub-sectiOn (3), the Collector shall hold a summary mqUlry uno the facts of the case and If satisfied that the reststence or obstructiOn was Without any JUSt cause, shall comply with the said requiSitiOn, and In exercising the powers undet th1s sectiOn, the Collector may use such force as may be necessary

(5) Every person authonsed by the Committee or acting under 1ts mstructwns m pursuance of thts sectwn or the AdmL:ic;trator shall be deemed to be a public servant Within the meanmg of sectwn 21 of the Indtan Penal Code (Central Act 45 of 1860)

(6) Nothmg contamed In this sectiOn shdll bar the :nstitu~wn of a smt by any person aggneved by an .order made thereunder for establtshmg h1s title to the property

28 Protection of action taken in good faith.-No smt,

prosecutiOn or other legal proceedmg shall hr: agamst the .-. ! Government or the Comm11f:tee or any member thereof or the r Admimstrator or any o'ther person actmg under the mstruc- twns of the Comm1t'tee or authonsed by 1t, for anything which 1s m good fa1th done or mtended to be done under th1s Act ~r the rules made thereunder.

l '

29 Pubhc officers to furnish copies of or extracts from certam documents.-All pubhc officerc; havmg custody of any record, register, repox t or other document relatmg to the Devaswom shall furmsh such copies of or extracts from the same as may be reqmred by the Adm1mstrator

30 Acts of Admini~trator not to be invalidated.-No act vr p1 oceedmg of the Adm1mstrator shall be mvahdated by 1 cason only of cJ. defect or Irrcgulaiity m his appomtment or on the ground thdt he was not entitled to hold or contmue m ufhce by re<1son of any d1squahficahon

Jl Certain rights and privileges of Kaimal not to be affected.-Nothmg m this Act shall be deemed to affect the customary nghts and pnvileges of the Thachudaya Kaimal as parhcL1!ansed m Schedule II

32. S.avings.-Nothmg In this Act shc:J.ll, save as otherwise expressly provided m this Act or the 1 ules made thereunder,

33 Removal of ddliculbes.-lf any difficulty anses m g1vmg effect to the provisions of this Act, the Government may, as occasiOn may reqmre, by order, do anythmg not m- conststent With this Act or the rules made thereunder, which appears to them nece<;sary for the purpose of removmg the difficulty

34 Repeal and saving.-(1) The Koodahnamckam Devas- wom ProclamatiOn (Cochm) issued on the 30th November, 1917 and the scheme of management published thereunder, the Koodalmamckam Devaswom Proclamatwn (Travancore) Issued on the 12th June, 1919 the Koodalmamckam Devaswom Act

1 U1 8, (Madras Act I of 1 91 9) and the Koodalmamckam Devas- wom Ordmance, 1971 (13 of 1971), are hereby repealed. (2) Notw1thstandmg the repeal of the Koodalmaruckam Devaswom Ordmance, 1971 (13 of 1971), anythmg done or any actiOn taken under tha¹t Ordmance shall be deemed to have been • done or taken under this Act.

SCHEDULE I

(Sec section 10) The Pathzvu or annual scale of expenditure prescribed for the Devaswom under the several heads

No.

(I)

Detazls of cercmonu:s, etc.

(2)

I. Daz(y Pooja l1l the Koodalmalllckom Tempt c:

Expenditure mcurred out of the Temple Fund

Do. met out of Endow- ment Funds

Total

II. Monthly and Minor Annual Cercmomcs:

1 Bathing Deity with gingely oil on all Ayil11yam, V1sakham, Punartham, Thiruvonam and Maka1yiram days

2 Kalabham ceremony on all Makay1ram days ·

3 Ashtam1 Roh1m in Chingom

1 Extra Pooja durwg Onam in Chingom

5 Kalabham ceremony on the Full moon Dwadesi day in Makar am

6 Kalabham ceremony on the Punartham day in Makaram, the day on wh1ch the Deity was seated

7 Ka1abham ceremony on the New moo 1 Ashtami day m Mecnam

8 Spec1al Nived~am on V1shu day

9 V1shu Kaui

Paddy ..;.... ___ , Pa1a -Ed. Vzs. ---·---

(3) (4) (5;

5,735 9

366 0 0

(6)

3,161 00

155 00

--------------

6,101 9

6 4

G 8

5 12

2 4

9 12

6 0

2 8

3,316 00

175 50

206 65

7 60

21 00

15 10

15 75

15 I 0

r oo

• ---

----

(I) (2) (3) (4) (5) (6)

--------- ----

10 Chakyar Koothu in Edavom 3 8 8⁵⁵65 I I Kalabham ceremony on the Full moon Ashtami day in

Mithunam 7 9 12 15 10

t 12 Thevar Seva 31 3 12 36 00 13 Nira (admitting newly reaped paddy) on the Atham day 111

Karkatagom 6 9 4 0 45

Total 195 10 564 90

------

Ill. Major Annual Festwals:

I Thiruputhiri and Mukkudi in

Thulam 400 9 8 304 70

2 Utsavom in Medom .. 3,545 6 5 6,794 15 Total 3,946 5 13 7,098 85

IV. Expenditure in the Subordmale ~ temples mcludmg pay of _, Santlu kar s

1 Ayankavu Temple •• 139 7 3 167 40

2 Vathilmadom Temple at Padiyoor 12 0 0 4 35

3 Pamban Potta Temple 319 2 10 23 40

4 Vathilmadom Temple at Rappa! !56 0 0 3 00

5 Aloor Ponmala, etc., Temples .. 380 4 15 9 70

6 Vathilmadom Temple at Elnad 436 6 0 30 00

7 Varandarappilli Temple 16 0 0

8 Kaippampadi Temple 309 6 8 70 80

9 Vaikkarakulangara Temple 72 0 0 3 00

10 Karapatta Temple 210 0 0 21 15 Total 2,051 7 4 332 80

~ ...

v. .Miscellaneous ztcms :

1 Remuneration to Carpenters,

• etc., on Onam days 3 0 0 0 10

2 Serpent Pooja in Kanni 0 3 12 6 00 l

&.to.

60.

--------

------

(1) (2)

3 Sara~wathi Pooja in Kanni

4 Sahgrama Pooja

5 Ganapathi Homam on the 1st Friday of every month

6 Mruthyumjapa Homam on the Makaiyuam day of every month

7 Allowance to Santlukars f01 od bath

8 Lightms;r Bhanda1 ,uu ( 1 rea- sury)

9 Lighting the temple premise~ ..

10 Pun fica tory cc1 emon1cs

11 Sevakali

12 Remuneration to be given fo1 the man iages 111 the hou~c of the temple servants, etc. Total

VI. Endowment O.fferi11gs Koottupayasom (pudding) on Makom days

2 (a) Lighting on the first Thms-l day of every month I

(b) Th1rumathura Nivedyam on the first Thursday of I every month }-

(d) Special puddmg on the Moolam day in Karkada· gom J

3 (a) Special puddmg on Desamil day in Chingam j

(b) Special pudding on Aksha- yathritheeya day in I Medam (Koottupayasam) r

(d) Special puddmg on the I New moon day m Karka- I dagam J

(3)

---

(4) (5)

2 8

8 12

4 0

9 4

0 0

(6)

25 00

9 50

9 65

11 20

23 60

30 00

70 00

25 00

20 00

l5 00 - -----------

137 8 4 268 05

20 00

12 00

7 00

• .. _

-- --

(1) (2) (3) (4) (5) (6)

4 (a) Special pudding on Aksha-l yathritheeya day in I

Medom ~ 3 55

(b) Do. Ariyidal on the I ~-

same day^j

5 Kalabham ceremony on Aswa- thi day in Kanni .. 20 00

6 Kalabham ceremony and other vazhivadoos on the Rohmi day in Thulam .. 30 00

7 Kalabham ceremony on Atham day in Dhanu 27 00

8 Kalabham ceremony on Re· wathi day in Dhanu 27 00 9 (a) Kalabham ceremony on the! 4th Makaram I

(b) Remunerat1on to the Azhu·l 19 40 vancherri Thampurakkal

on the 4th Makar'il.m J

10 Ariyida1 Nivedyam on th'! 4th ~

Makaram 0 65

II Kalabham ceremony on the

• Makom day in Makaram 25 00

12 Kalabham ceremony on the Uthrattathi day in Makaram .. 26 85

13 Kalabham ceremony on the Uthradom day :n Kumbhom . 25 00

14 Special pudding on the Uthradom day in Meenom 2 30 IS Kalabham ceremony on Pooruruttathi day in Medom .. 25 00

16 Kalabham ceremo.1y on Meda Sankramam day 30 00

17 Special pudding on Akshaya- thrrtheeya day in Medam •• 5 00

18 Kalabham ceremony on Pooya day in Edavam .. 27 00

19 Offerings of the Government ,~

in Mithunam 0 45

20 Water Panda! .. 50 00 21 (a) Koottupayasam (Pudding) on Thiruvathira day in Kanni 3 12 2 10

• (b) Ariyidal Nivedyam on

Pooyam day in Ranni I 3 12 0 10 \ I I .-....

(1)

----------

(2) (3)

Lighting Vilakkumadom from Uthradom day in Thulam to Uthram day in Medom Total

SCHEDULE II

(See sectwn 31)

(4) (5)

2⁷

Rights and privileges of Thachudaya Kaimal

(6)

125 50

5!1 60

(1) When the Ka1mal goes· rto the Temple for worship he is entitled to lake an escort w1th a sword, to blow conch and to take hghts.

• (2) He can rmg the Temple bells and worship the De1ty from the sopanam steps and rece1ve thirtham and prasadom from the Me<>anthy d1rect

(3) He can take his bath m the thirth.am tank.

(4) He 1s the person to present Koora and Pavithrom to the Thanthries before the commencement of the Utsavom festi- val annually

(5) He 1s entitled to accompany the Detty when taken out for Pallivetta and A rat processions durmg Utsa'\ om.

(6) He JS the ch1ef rehgwus authority to clear all doubts m connection w1th the internal management of ·the Temple m matters of rehgion

(7) When the Katmal dtes, punficatwn ceremor.y sh1)u!d be performed m the Temple and the crematiOn ceremony should be performed by Brahmms A l(alabham ceremony should also be performed m the Temple on the anmversary of the death of the Ka1mal

• ~ r_ -