MADRAS TEMPLE ENTRY AUTHORIZATION ACT, 1947 THE MADRAS TEMPLE ENTRY AUTHORIZATION ACT, 1947 [Act No. 05 of 1947][1] [13th May, 1947] An Act to authorize entry into Hindu temples in the Province of
Madras and the offer of worship therein by[2] [all classes of
Hindus]. Whereas it is the policy of
the Provincial Government to remove the disabilities imposed [3][
] on certain classes of Hindus against entry into Hindu temples in the Province [4]
Preamble - THE MADRAS TEMPLE ENTRY AUTHORIZATION ACT, 1947PREAMBLE
And whereas the provincial
Government are satisfied, from the rapidity with which, under pressure of Hindu
public opinion, a number of temples have been thrown open to [5][certain
classes of Hindus] in recent months, under the provisions of the Madras Temple
Entry Authorization and Indemnity Act, 1939 (Madras Act XXII of 1939), that the
time has now arrived for [6][throwing
open to all classes of Hindus every Hindu temple in the Province];
And whereas the Provincial
Government consider that the provisions of the said Act are inadequate for the
early and complete implementation of the policy of the Provincial Government
aforesaid; It is hereby enacted as follows:--
Section 1 - Short title, extent and commencement
(1)
This Act may be called the Madras Temple Entry Authorization Act,
1947.
(2)
It extends to the whole of the [7][State]
of Madras.
[8](3) ?This section shall come into force at once;
and the remaining provisions of this Act shall come into force on such[9] date
as the[10]
[State] Government may, by notification in the Fort St George Gazette, appoint.
Section 2 - Definitions
In this Act, unless there
is anything repugnant in the subject or context--
[11][ * *
[12](1) ?'temple' means a place, by whatever name
known, which is dedicated to, or for the benefit of, or used as of right
by, [13](the Hindu community or
any section thereof), as a place of public religious worship, and includes
subsidiary shrines and mantapams attached to such place;
[14](2) ?' worship ' means such religious service as
the bulk of the worshippers may offer, or participate in, in accordance with
such rules and regulations as may be made under this Act.]
Section 3 - Right of all classes of Hindus to enter and offer worship in temples
(1)
Notwithstanding any law, custom or usage to the contrary, [15][every
Hindu irrespective of the caste or sect to which he belongs] shall be entitled
to enter any Hindu temple and offer worship therein in the same manner and to
the same extent as [16][Hindus
in general or any section of Hindus]; and [17][no
Hindu] shall, by reason only of such entry or worship whether before or after
the commencement of this Act, be deemed to have committed any actionable wrong
or offence or be sued or prosecuted therefor.
(2)
Without prejudice to the generality of the foregoing provision, it
is hereby declared that the right conferred by sub-section (1) shall include
the following rights, if, and to the extent to which, they are [18][enjoyed
by Hindus in general, or any section of Hindus]:--
(a)
the right to bathe in, or use the waters of, any sacred tank,
well, spring or water-course appurtenant to the temple, whether situated within
or outside the precincts thereof;
(b)
the right of passage over any sacred place, including a hill or
hillock or a road, street or pathway, which is requisite for obtaining access
to the temple,
Section 4 - Powers of trustees to make regulations for the maintenance of order and decorum, the due performance of rites and ceremonies in temples
The trustee or other
authority in charge of a temple shall have power, subject to the control of
the [19][State] Government and to
any rules which may be made by them, to make regulations for the maintenance of
order and decorum in the temple and the due observance of the religious rites
and ceremonies performed in the temple, but such regulations [20][shall
not discriminate in any way against any Hindu on the ground that he belongs to
a particular caste or sect.]
Section 5 - Sanction for institution or continuance of suits, prosecutions, etc
(1)
No suit for damages, injunction or declaration or for any other
relief, no prosecution for any offence, and no application or other proceeding
under the Madras Hindu Religious Endowments Act, 1926 (Madras Act II of 1927),[21] or
any other law, shall be instituted in respect of any entry into or worship in
any temple whether before or after the commencement of this Act, on the sole
ground [22][that such entry or
worship is by a Hindu belonging to a particular caste or sect.]
(2)
No suit, prosecution, application or proceeding of the nature
aforesaid, instituted before the commencement of this Act, shall be continued
thereafter, without the sanction of the [23][State]
Government.
Section 6 - Power to decide disputes
If any question arises as
to whether a place is or is not a temple as defined in this Act, the question
shall be referred to the [24][State]
Government and their decision shall be final subject, however, to any decree
passed by a competent Civil Court in a suit filed before it within six months
of the date of the decision of the [25][State]
Government.
Section 7 - Penalties
Whoever--
(i)
prevents [26][a
Hindu] from exercising any right conferred by this Act, or
(ii)
molests or obstructs [27][a
Hindu] in the exercise of any such right
shall he punishable, in the
case of a first offence, with fine which may extend to one hundred rupees, and
in the case of a Second or subsequent offence, with imprisonment which may
extend to six months, or with fine which may extend to five hundred rupees, or
with both.
Section 7-A - Offences under section 7 to be cognizable
[28][ All
offences punishable under section 7 shall be cognizable.]
Section 8 - Rules
(1)
The [29][State]
Government may make rules for the purpose of carrying into effect the
provisions of this Act in respect of temples generally or of any temple or
class of temples.
(2)
All rules made under this section shall be published in the Fort
St. George Gazette, and, on such publication, shall have effect as if enacted
in this Act.
Section 9 - Power to remove difficulties
If any difficulty arises in
giving effect to the provisions of this Act, the [30][State]
Government, as occasion requires, may, by order, do anything which appears to
them necessary for the purpose of removing the difficulty.
Section 10 - [Omitted]
[31][ ]
Section 11 - [Omitted]
[32][ ]
[1] For Statement of Objects and Reasons,
see Fort St. George Gazette, dated 28th January 1947, Part IV-A, pages 93-94.
This Act was
extended to the merged State of Pudukkottai by section 3 of, and the First Schedule
to, the Madras Merged States (Laws) Act, 1949 (Madras Act XXXV of 1949).
[2] These words were substituted for the
words "certain classes of Hindus, who by custom or usage are excluded from
such entry and worship" by section 2(1) of the Madras Temple Entry
Authorization (Amendment) Act, 1949 (Madras Act XIII of 1949).
[3] The words " by custom or usage
" were omitted by section 2 (2), ibid.
[4] ?The words "which are open to the general
Hindu public" were omitted by ibid.
[5] These words were substituted for the
words " those classes of Hindus " by section 2(3), ibid.
[6] These words were substituted for the
words "throwing open to such classes of Hindus all temples in the Province
which are open to the general Hindu public" by ibid.
[7] This word was substituted for the
word "Province" by the Adaptation Order of 1950.
[8] Section 1 came into force on the 13th
May 1947 and sections 2 to 11 on the 2nd June 1947.
[9] Game into force on 2nd June 1947.
[10] This word was substituted for the
word "Provincial" by the Adaptation Order of 1950.
[11] Clause (1) was omitted and clauses
(2) and (3) were renumbered as clauses (1) and (2) by section 2 (4) (i) of the
Madras Temple Entry Authorization (Amendment) Act, 1949 (Madras Act XIII of
1949).
[12] Clause (1) was omitted and clauses
(2) and (3) were renumbered as clauses (1) and (2) by section 2 (4) (i) of the
Madras Temple Entry Authorization (Amendment) Act, 1949 (Madras Act XIII of
1949).
[13] These words were substituted for the
words "the Hindu community in general" by section 2 (4) (ii), ibid.
[14] Clause (1) was omitted and clauses
(2) and (3) were renumbered as clauses (1) and (2) by section 2 (4) (i) of the
Madras Temple Entry Authorization (Amendment) Act, 1949 (Madras Act XIII of
1949).
[15] These words were substituted for the
words "persons belonging to the excluded classes " by section 2 (5)
(i), ibid.
[16] These words were substituted for the
words "the Hindus in general" by section 2 (5) (ii), ibid.
[17] These words were substituted for the
words "no member of any excluded class" by section 2(5) (iii), ibid.
[18] ?These words were substituted for the words
"enjoyed by Hindus in general, not belonging to the excluded classes"
by section 2 (6), ibid.
[19] ?This word was substituted for the word
"Provincial" by the Adaptation Order of 1950.
[20] These words were substituted for the
words "shall not discriminate in any way against the members of the
excluded classes" by section 2 (7) of the Madras Temple Entry
Authorization (Amendment) Act, 1949 (Madras Act XIII of 1949).
[21] These words were substituted for the
words "shall not discriminate in any way against the members of the
excluded classes" by section 2 (7) of the Madras Temple Entry
Authorization (Amendment) Act, 1949 (Madras Act XIII of 1949).
[22] These words were substituted for the
words "that such entry or worship is against the custom or usage which
excludes certain classes of Hindus from such entry or worship" by section
2 (8) of the Madras Temple Entry Authorization (Amendment) Act, 1949 (Madras
Act XIII of 1949).
[23] This word was substituted for the
word "Provincial" by the Adaptation Order of 1950.
[24] These words were substituted for the
words "shall not discriminate in any way against the members of the
excluded classes" by section 2 (7) of the Madras Temple Entry
Authorization (Amendment) Act, 1949 (Madras Act XIII of 1949).
[25] This word was substituted for the
word "Provincial" by the Adaptation Order of 1950.
[26] These words were substituted for the
words "a person belonging to any excluded class" by section 2 (9)
(i), of the Madras Temple Entry Authorisation (Amendment) Act, 1949 (Madras Act
XIII of 1949).
[27] These words were substituted for the
words " any such person " by section 2 (9) (ii) of the Madras Temple
Entry Authorization (Amendment) Act, 1949 (Madras Act XIII of 1949)
[28] This
section was inserted by section 2 (10), ibid.
[29] This word
was substituted for the word "Provincial" by the Adaptation Order of
1950.
[30]
This word
was substituted for the word "Provincial" by the Adaptation Order of
1950.
[31] Sections
10 and 11 were repealed by section 2 of, and the First Schedule to, the Madras
Repealing and Amending Act, 1952 (Madras Act XI of 1952).
[32] Sections
10 and 11 were repealed by section 2 of, and the First Schedule to, the Madras
Repealing and Amending Act, 1952 (Madras Act XI of 1952).