The Himachal Pradesh Prevention of Ex-communication Act, 1955

(AUTHORISED TEXT) 
THE HIMACHAL PRADESH PREVENTION OF 
EX-COMMUNICATION ACT, 1955  
ARRANGEMENT OF SECTIONS 
Sections   
1.  Short title, extent and commencement.  
2.  Definitions.  
3.  Ex-communication not to be valid and of any effect.  
4.  Penalty.  
5.  Jurisdiction under this Act.  
6.  Mode of taking cognizance of offence. 
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THE HIMACHAL PRADESH PREVENTION OF 
EX-COMMUNICATION ACT, 1955 
(ACT NO. 8 OF 1955)1 
(Received the assent of the President on the 4th  October, 1955, and as 
published in Hindi in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 
the 9th  December, 1955, pp. 315-317, and in English in the Rajpatra, 
Himachal Pradesh, dated the 28th January, 1956, pp. 80-81).   
An Act to provide ex-communication in the Himachal Pradesh.   
Amended, repealed or otherwise affected by,-   
(i) H.P. Act No. 25 of 1969 published in the Rajpatra, Himachal 
Pradesh (Extra-ordinary), dated 13th October, 1969, p. 885.   
(ii) The Himachal Pradesh Adoption of Laws (State and Concurrent 
Subjects) Order, 1973, published in the Rajpatra, Himachal 
Pradesh (Extra-ordinary), dated the 20th January, 1973, pp. 91-
112, effective from 25th January, 1971.   
It is hereby enacted in the Sixth Year of Republic as follows:  
1. Short title, extent and commencement.- (1) This Act may be 
called the Himachal Pradesh Prevention of Ex-communication Act, 1955.  
(2) It extends to the whole of the State of Himachal Pradesh.   
(3) It shall come into at once.   
2. Definitions.- In this Act unless there is anything repugnant in the 
subject or context:-  
                                                 
1.  Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of 
Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 30th March, 1955, 
p. 103. 
2  THE HIMACHAL PRADESH PREVENTION OF EX-COMMUNICATION ACT, 1955 
(a)  "Community" means a group the members of which are 
connected together by reason of the fact that by birth, 
conversion or the performance of any religious rite they 
belong to the same religion or religious creed and includes a 
caste or sub-caste;  
(b)  "ex-communication" means the expulsion of a person from 
any community of which he is a member depriving him of 
rights and privileges which are legally enforceable by a suit of 
civil nature by him or on his behalf as such member.   
Explanation.- For the purposes of this clause a right legally 
enforceable by a suit of civil nature shall include the right to office or property 
or to worship in any religious place or a right of burial or cremation, 
notwithstanding the fact that the determination of such right depends entirely 
on the decision of the question as to any religious rites or ceremonies or rule 
or usage of a community.   
3. Ex-communication not to be valid and of any effect.- 
Notwithstanding anything contained  in any law, custom or usage for the time 
being in force, to the contrary, no ex-communication of a member of any 
community shall be valid and shall be of any effect.   
4. Penalty.-  Any person who does any act   which amounts to or is in 
furtherance of the ex-communication of any member of a community shall, on 
conviction be punished with fine which may extend to one thousand rupees.   
Explanation.- When any person alleged to have committed an offence 
under this section is a body or an association of individuals, whether 
incorporated or not, if the offence is alleged to have been committed at a 
meeting of such body or association, any individual who has voted in favour 
of the decision regarding the ex-communication shall be deemed to have 
committed the offence.   
5. Jurisdiction under this Act.- Notwithstanding anything contained 
in the Code of Criminal Procedure, 1898 (5 of 1898), no court inferior to that 
of the Magistrate of the 1st Class shall try any offence punishable under 
section 4.   
6. Mode of taking cognizance of offence.- No court shall take 
cognizance of an offence punishable under section 4-  
(a)  after the expiry of one year from the date on which the 
offence in alleged to have been committed; and   
(b)  without the previous sanction of the [Government] of 
Himachal Pradesh or any officer authorised by [it] not below 
the rank of the District Magistrate.   
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