LexThe Guruvayoor Devaswom Act, 1971 (No. 6 of 1971)
Kerala · state statute
Open in Lexace · Ask the AI about this acttHE GURUVAYOOR DEVASWOM ACf, 1971
(Act 6 of Hl71)
CONTENTS
l'rcamble
CHAPTER I
Preliminary
Sections.
1 Short htle and commencement
') Defimttons
CHAPTER II
The Committee
3 IncorpordtJOn
4 CompositJon of Committee
5 Term of otftce of non-offictJI 111emben;, J'e'>Jgnc~t•on
and removal ol such members dnd casuc1l vdcdnc1e·,
m their office
6 Dissolutwn and super~esswn of commtttee.
7 Meetmgs of the Committee
8 Acts or proceedmgs of Commtttee not to be
mvahdated
q Remunerat_wn of Cha1rman nnd membeis
10 Dulles of Committee
11 Ahenat10n of Devaswom properties
12 Limitatwn of borrowmg and lendmg powers
13 Admimstratwn report
CHAPTER III
Admini~trahon and E-;tablishmcnt
14 Appomtmen1 of Admmtstrator
15 ConditiOns of serv1ce of Admmtstrdtor
16 Additional charge of office of Admimstrator
17 Powers and duties of Admtmstrator. •
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18 Extraordmary powers of Admuustrator
1 q Establishment schedule
20 Appomtment of officers and employees
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CHAPTER IV
Budget, Accounts and Audit
Budget
Revtsed or supplenwntary budget.
Audtt
CHAPTER V
General
Temple Fund
Revtston by Government.
Rules
Regulatwns
Commtttee to be m possesswn of lhe DevdS\\ 0111
properties
ProtectiOn of actwn taken m good fatth
Public officers to iurmsh coptes of or extracts from
certam documents
Acl s of Adm1,11~trator not to be mvaltrlated
Constttutwn of R<.>nov<::hon Executive Commtttee
Savmgs.
Removal of dtfficultles
ApplicatiOn of Madras Act XIX of 1951
Scheme framed for the Temple not to apply
Repeal and s::~v t.H.:
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THE GURUVAYOOl~ DEVASWOl\1 ACT, 1971 *
(Act 6 of 1971)
An Act to make provbion for the proper admimstratwn of the
Guruvayoor Devaswom
Preamblc.-WHEREAS the Sree Knshna Temple at
Guruvayoor Is a very ancient Temple of umque Importance
which owns extenstve properttes and endowments and m which
millions of devotees from all over India are reposmg the1 r
faith and belief,
AND WHEREAS under the scheme framed by the High
Court of Madras m Appeals Nos 211 and 212 of Hl:W. for the
admimstratwn of the :>aid Temple, as modified by thf' Distnct
Court, South Malabar, m 0 S No 1 of I Y3a, the admimstr<~twn,
control and management of the Temple ,md Its properties
and endowments have been vested m the hereditary trustees,
namely, the Zamonn Rap of Cahcut and Lhe Kardnavan for
the time bemg of lh2 Malhssen Illam at Guruvayoor ;
AND WHEREAS the admmi:>lrdtJOn and management of
1 he Devaswom by th·~ said trustees have detenorated and J
'iituatwn has ansen rendermg It expedient to reorganiSE'.
m the mterests of the general public, the scheme o£ m,mage
ment of the affairs of the Devaswom and to provide better
admmislratwn therefor m supersessiOn of the said scheme ,
BE It enacted m the Twenty-second Year of the Republic
of India as follows.-
CHAPTER I
PRELl MIN ARY
1 Short title and commencement.-(1) Th1s Act may be
called the Guruvayoor Devaswom Act, 1971
(2) It shall be deemed to have come mto force on the
!Jth day of M<~rch, 1971
2 Definitions.-ln this Act, unless the context otherwise
rcqmres,-
(a) "Admimstrator" means the Adn11mstrator appomted
under sectwn 14 ,
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*Published m the Gdzette Extraordmary
Apr1!, 1971.
No 220, dated 22nd
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(b) "Commi...,slOner" means the CommissJonei appomted
under the Madras Hmdu Rel!gwus and Chantdble Endowments
Act. Ul51 (Madras Act XIX of 1951),
(c) ''Committee'' means the Guruvayoor Devaswom
Mdndgmg Committee constituted under sectwn 3,
(d) "DPvaswom' means the Temple and mcludes Its
p1 opert1c~ dnd Pndowments <md the subordmate temples
att<~ched to 1t ,
(e) ''pteo..,ctibed" means presc11bed by rules made under
thts Act,
(f) "Temple" means the Sree Knshn<l Temple at Guru
\' d )'001 ,
(g) · Temple Fund · n-;.eans the Sree Guruvayoor Temple
Fund consLIIuted under sectton 24
CHAPTER II
THE COMMITTEE
::l Incorporation.-(!) The adtmms1t altOn, control and
mc1nagement1 of the Devaswom shall be vested m a Committee
con~tttuted m the manner heremafter provided
(2) The Committee shall, by the name of 1 he "Guru
vavoor Devaswom Managmg Committee··, be a body corporate
and shall have perpetual successwn and a common seal and
sh,dl by the said name sue and be sued through the
Admtmstrator
4 Composition of Committee.-(!) The Committee shall
cons1st of the followmg members, namely -
(a) the Zamonn RaJa, who shall be the Chatrman,
(b) the Karanavan for the t1me bemg of the Malhssen
Illam at Guruvayoor, who shall be the VIce-Chatrman,
(c) the Aclmm•strator, ex officio;
(d) the Chatrman of the Guruvayoor Township Com
mitltee. provided he ts a person professmg the Hmdu rehg10n 1
ex ofiicio:
(e) the Thantn of the Temple, ex officio;
(f) a representative of the employees of the Devaswom,
no~mated by the Government ;
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(g) not more than eleven persons nommated by the
Government oi whom one shall be a HanJan
(2) A person shall be dtsquahfied for bemg nommated
under clau<;e (g) of sub-sectwn (1) tf-
{t) he does not profess the Hmdu rehgwn , or
(11) he IS an employee under the Government or the
Deva~wom, or
(111) he '" below th1rty years o[ nge or more than
se~enty years ot c1ge, or
{tv) ht: IS engaged m c1ny ::.ubsistmg conlr<.~ct With the
Devnswom, or
(v) he IS sub wet to any of 1 he dtsquahficat tons men
tlOnt>d m clc1uses (a), (b) and (c) of sub-sectiOn (3) of sectwn 5
5 Term of office of non-official members, resignation and
removal of <inch member<; and ca<;ual vacancies m theu
office.- (I) A member nom mated under clause (f) or clause (g)
of sub-sectwn (1) of !:>ectwn 4 shall hold office for a penod of
three yeJrs from the date of h1s n01mnat10n and <;hall be
eltgtble fot re-nommJtiOn
(2) A member refe1 red to 111 sub-section (1) may resign
h1s office by gtvmg not1ce m wntmg thereof to the Govern
ment and shall cease to be a member on his resignatiOn bemg
accepted by the Government
(3) The Government may, by order, remove from office
a member referred to m sub-sectwn (1) lf-
(a) he IS of unsound mmd and stands ~o dcclJ.red by
a competent court, or
(b) he has apphed for bemg adJudged an msolvent, or
IS an undischarged msolvent , or
(c) he has been convicted of any offence mvolvmg
moral turpitude , or
(d) he has been gUilty of corruptiOn or misconduct 111
the ad1mmstratwn of the Devaswom, or
(e) h1s presence m the Comnuttee IS, m the opmton
of the Government, preJudtctdl to the mtercsts of th<'
Devaswom , or
(f) he ha<; c.bsented h1mself for more than three con
secultve meetmgs of the Committee and IS unable to expJam
such absence to the sattsfactwn of the Committee ; or
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(g) he, bemg il legal practttwner, has acted or ap
pealed on behalf of any person agamst the Devaswom m any
leg,ll proceedmg, or
(h) he ceases to profess the Hmdu rehgwn
(·l) A member shall not be removed under sub-sectiOn
(3) unless he has been gtven a reasonable opportumty showmg
cuuse agamst h1s removal.
(5) An order of the Government under sub-sectwn (3)
"h:1ll be final and shall not be l1able to be questwned 111 any
court of law
(6) The tet m o[ office of d membet nommdted to hll
a c<.~~udl vacancy shall be for so long only as 1 he member whose
place ha<; been filled would have been entitled to hold office
1f the vacancy had not occurred.
G Dissolution and supcrsesswn of Comm,ttcc.-(1) If, m,
the opmwn of the Government, the Committee I!> not com
pelent to perform or makes default m per(ormmg the duties
1mpo:-.ed on It under th1~ Act or exceeds or abu<;es 1ts powers,
1 he Government may, after such mquiry tl::. may be necessary,
by notdkatwn m 1 he Ga1.ette, supersede the Committee for
such penod, not exceedmg SIX months, as the Government may
deem fit
(2) Before tssmng a notificatiOn under sub-section (1),
the Government shall commumcate to the Committee the
gt ounds on wh1ch they propose to do so, fix a reasonable ttme
for the Commtttee to show cause agamst the proposal and con
!>Jder tt<; expl<Jndttons and obJeCtiOns, tf any
(3) Whr~re a Committee IS supe1~eded under thts sectwn,
the Government shall appomt .l person m the servtce of the
Government and professmg the Hmdu rehgwn to exercise the
powers and perform the functions of the Committee untll the
expiry of the penod of supersessiOn .
Provided that the penod dunng which the Comnuttee re
mams superseded shall nbt h:we the effect of extenclmg the
maximum term of office of a member nommated under clause
{fJ or clause (g) of sub-sectiOn (1) of sect10n 4 beyond .l penod
ot three years
7 Meeting" of tl1c Committee -(1) The C<;mmtttee sh::lll
mai.ntam its office at such place or places at Guruvayoor <tS
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the Committee may determme, for the transaction of its
bus mess.
(2) Every meetmg of the Committee shall be rres1ded
over by the Chairman and in his absence by the VIce-Chatr
man and m the absence of both the Cha1rma11 and the VIce
Cl1alrman, by a person elected for the purpose oy lhe H1embers
present from among themselves _...(,
(3) No busmess shall be transacted at any meeting •Jf
rhe Committee unless al least five members thereof are present
(4) Questions ar1smg at~a meetmg of the Committee
shall be decided by a maJonty of the ,,otes of the members
present thereat, and ~he Chairman or the person presidmg
;::.hall have and exerctse his castmg vote m the ca~e of
equality of votes,
8 Acts or proceedings of Committee not to be in
validated.-No act or proceeding of the CommLttee shall be
mvahdated merely by reason of-
(a) any vacancy m, or any defect m the conslltulwn of,
the Committee;
(b) any defect m the election or nommalwn of a person
actmg as the Chairman or a member of the Cr)mm1ttee , or
>-:-1 - .
(c) any 1rregulanty m the procedure of t.he Committee
nr.Jl affecting the ments of the case,
9 Remuneration of Chairman and members.-No
mtmber of the Commtttee other than the Adnumstrator shall
receive or be paid from out of the Temple Fund anJ salary
or other remuneratiOn except such travelling or ddlly al~
bwances, 1f any, as may be prescnbed,
10 Duties of Committee.-SubJect to the provisiOns of
this Act and the rules made thereunder, It shall be the
duty of the Committee-
(a) sub1ect to the custom and usage m the Temple, to
arrange for the proper performance of the ntes and ceremomes
~n the Temple and the subordmate temples attached thereto ~
m accordance With the d1ttam or scale of exp'O:nditUI t. fixed
for the Temple and the subordmate temples un:ier sec1wn 51
of the Madras Hmdu Rehgwus and Chantable Endowments
Act 1951 (Madras Act XIX of 1951); •
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(b) to provide facilities for the proper performance of
worship by the worshtppers ;
(c) to ensure the safe custody of the funds, vdluable
!:ecunttes and Jewellenes and the preservatwn and manage
ment of the properttes vested m the Temple .
(d) to ensure m<.~mtenance of order and dtsctplme and
proper hygtemc condtt10ns m the Temple and the subordmate
temples attached thereto and of proper standard of deanh
ness and punty m the offermgs made lherem;
(e) to ensure th:H the funds of the endowment!:. oi the
'Iemple are spent accordmg to the Wishes so far as ·nay be
1<,1own of the donors ;
(f) to make prov tsion for the payment of smtable emo
luments to the salant:>rJ staff of the Devaswom , and
(g) to do all such thmgs as may be P1Cidental and
conducive to the effictt'nt management of the affa1 rs of the
Devaswom and the convemence of the worshtppers.
11. Alienation of Devaswom properties.~(!) No movable
property of a non-penshable nature whiCh is !P the pn!:.sesswn
of the Committee and the value of whiCh 1s more .han rlve
thousand rupees and no Jewellenes shall be sold, pledged or
c•therw1se ahenated wtthout the prev10us approval of the
Government
(2) No Immovable property taken posse!:.~ion of by the
Committee shall be mortgaged, sold or otherwise ahenated
except w1th the previous sanctwn of the Govei nment.
12 Limitation of borrowing and lending powers.-- The
Committee shall have no power to borrow money from or to
1end money to any person except w1th the wrevlO~'> sanc
tiOn of the Government
13 Administration report.-( 1) The Committee shall
annually submit to the Government through the Comm1sswner
a report on the admm:stratwn of the affa1rs ot the Devaswom
at such time as the Government may prescnbe, and such
1 eport shall be forthwith pubhshed by the Cm 1n11ttee in the
prescribed manner
(2) The report prepared and published under sub-sec
tion' (1) shall, as soon as possible, be latd before the Legis
lative Assembly.
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CHAPTER III
ADMINISTRATION AND ESTABLISHMENT
14 Appointment of Administrator.-The Government
~hall appomt an officer not below the rank of Deputy Collector
or Deputy Commtsswner appomted under the Madras Hmdu
Rehgwus and Charttable Endowments Act, 1Y51 (Madras :\ct
XIX of 1951) and professmg the Hmdu relt::non to be 1he
Admimstrator for the Devaswom.
15. Conditions of service of Administl'ator.-(1) 'fhe
Admimstrator shall be a full-time officer of 1he Devaswom
and shall not undertake any work unconnected w1th his office
WJthout the permtsston of the Comm1ttee
(2) The Admmtstrator shall be paid out of the Temple
Fund such salary and allowances a.c; the Government may 'lx
m this behalf.
(3) There shall be levted a contnbutwn ff')m lhe Temple
Fund 1owards the le;n e allowances, penswn and provtdent
fund of the Admtmstrator to the extent reqwred by the rules
for the time being in force. ~
(4) SubJect to the provtstons of sub-sections (l) and (2),
the condittons of servtce of the AdmimstralOl shall be such
as may be prescnbed
16 Additional charge of office of Administratol'.-(1)
?~otwithstandmg the proviSIOns of sectwns 14 and 15, Jt shall
be competent for the Government to appomt 8.n officer of the
Government not below 1he rank of Deputy Collect01 ur De
puty Commtsswner appom.ted under the Madras IImdu
Rehgwus and Chan table Endowments Act, 1951 (Mad rae;
Act XIX of 1951), to be in addthonal charge of the office of
the Admmistrator, pendmg appomtment of the Admtmstrator
under sectwn 14 or when the office IS temporanly vacant
Provided that the penod of such addttional charge c;J.nll
not exceed one month
(2) An officer at'POinted to be m addttwna1 ~harge of
Lhe office of the Admtmstrator under sub-sectwn (l) <>hull be
f)atd out of the Temple Fund such allowance5 a::, the Guvern
ment may fix m this behalf
• 17 Powers and duties of Administrator.-(!) The Adnn-
mstrator shall be the Secretary to the Commtttee and 1ts cbtef
a
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executive officer and shall, subject to the control of !.he
Gommtttee, have powers to carry out tts dectstons in accordance
wtth the provtswns of this Act and the Madras Hmdu Eeltgwus
and Charitable Endowments Act. 1951 (Madras Act XIX of
1951 ), so far as they are applicable.
(2) Notwtthstandmg anythmg contamed ·n sub-section
(J) or in sectwn 3, the Admmtstrator shall be rcsponstble for
the custody of all records and properties of the Devaf:.wom.
(3) The Admmtslralor shall arrange ior the proper col
lectwn of offermgs made m the Temple
(4) The Admmtstrator shall have power-
(a) to grant 1icence1> for the use of the lar.ds of the
Temple for a penod not exceedmg one year at a ttme or to
lease out for a period not exceedmg one yenr at a ~m:e the
buildmgs of the Temple whtch are ordmanly let,
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(b) to call for tenders for works or supphes and to
<~ccept such tenders when the amount or value the1 eof does
not exceed five thousand 1 upees; and
(c) to order for any emergency repairs, the cost of
wh1ch does not exceerl five thousand rupees
Provided that the exerrtse of the powers under clause (a)
or clause (b) shall be subJect to the dtrectwns, tf any, of the
C0mm1ttee Issued m that behalf
18 Extraordinary powers of Administrator.-(!) The
.\dmmtstrator may m cnses of emergency dtrec-t the exE'Ciltwn
of any work or the domg of any net whtch IS not provtdecl f. •r
1n the budget for the year and the 1mmed1ate cxecutwn or the
do:ng of whtch ts m lus opmion necessary for the presena
tion of the properties of the Temple and tts endowments •lr
f(•r the servtce or safety of worshippers resortmg to the Temple
or for the due performance of the ntes and ceremomes therem
m accordance with the custom and usage m the Temple, and
may dtrect that the expenses of executmg such work •)r domg
'-llCh act shall be patd from the Temple Fund
(2) Any actwn taken by the Admm1stralor under sub
sectiOn (1) shall forthwith be reported to t:1e Committee
together wtth the reasons therefor
• 19 Establishment schedule.-(1) The Admtmstrator mav,
as soon as may be after commencement of thiS Act, pr~
pdre and submtt to the Committee a schedule 5ett1:1g forth
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the duties, designations and grades of the ofn~'ers and em
ployees who may m his opinion constitute the establ1shment
of the Temple and embodymg his proposals w1th regard to
the salaries and allowances payable to them
(2) The Committee shall forward the schedule f;Ub
mi'tted to it under Sltb-sectwn (1) w1th It~ recommendatiOns
thereon to the Commt~swner for approval
(3) The Commissioner shall, after cons1denng the re
commendations of the Committee, approve such schedule
either Without modificatiOn or With such modificatwns as he
deems necessary, and thereupon such schedule as ::1pproved
by the Commissioner ·,hall come mto force.
(4) No change shall be effected m the schedule except
'Nith the approval of the Commissioner
(5) Subject to such exceptions as the Committee may by
general or special order direct, the officers and employees of
the Devaswom m the service of the Devaswdm immc:hately
hdore the commencement of thrs Act shall conlmue as such,
and the conditiOns of their servrce shall be such as may be
prescnbed.
(6) The creatiOn of anv new appointment c.arrymg a
salary of not less than two hundred rupees per mensem shall be
subject to the prevwus sanctiOn of the Government
(7) Any person appomted to be an ')fficer or employee
of the Devaswom before the commencement of thrs Aet to
f1ll a vacancy ansmg after such commencement, shall not be
deemed to be an officer or employee of the Devaswom not
Withstandmg anv cu~tom or usage, If any, to the contrary,
and such appomtment ~hall have no effect unless approved by
the Commrttee
(8) A person who does not profess the Hmdu rehgwn
shall be drsquahfied for bemg appomted as, or for be:ng, an
officer or servant of the Devaswom
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20 Appointment of office1 s anti cmplo)•ees.-(1) .\ppomt- 1~
rnents of all ofhcer.> and e:>1ployees of the Temple shall be
made b\· a boa I c1 consrstmg of-
( a) the Commi<:!:>toner, who shnll be the Chturman•
(b) the Adm1:1istrator,
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(c) an officer professing the Hmdu relu:{wn authorised
by the D1stnct Collector, Tnchur, m thts behalf, and
(d) two persons elected by the Committee from among
its members.
(2) In \he exerctse of 1ts power under sub-section (1),
the Board shall follow such procedure as may be prescnbed.
CHAPTER IV
BUDGET, ACCOUNTS AND AUDIT
21. Budget.-(1) The Admimstrator shall every year
prepare m such manner and m such form as may be prescribed
a budget estimate of the receipts and expenditure of the
Devaswom for the following year and place it before the Com
mittee whtch may approve it without modificatiOn or with
such modificatiOns as 1t may deem tit
(2) The budget, after the approval of the Committee
under sub-sectiOn (1), shall be submitted to the Government
through the Commissioner before such date as may be fix.:d
by the Government m that behalf.
(3) The Commts..,toner shall submit the budget to the
Government wtth his n·commendatwns before such date as may
be fixed by the Government m that behalf.
(4) Before sanct1omng a budget, the Government 5h-lll
sat1sfy themselves that adequate provtston has been made
m the budget for the mamtenance of the prescnbed working
balance and for meetmg the habilihes of the Devaswom
(5) If the budget does not provtde for the matters men
tJoned m sub-sectwn (4), the Government may modify any
part of the budget so as to ensure that such provisions are
made
(6) The deciSion of the Government sanctiOning the
budget, 5Ubject to modificahons, If any, shall be communicat
ed to the Committee through the Commtsswner at lea~t
fifteen days in advanc~ of the commencement of the year t'J
whtch the budget reldtrs, and m the absence of such com
mumcation before the end of the precedmg financial year,
the•budget shall be deemed to have been sanctwned m pur
su&nce of this sectwn.
3{23-3
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22 Revised or supplementary budget.-If m the course
of any year the Committee considers It necessary to modify
the figures shown m the budget with regard to Its receipts or
expenditure, It may submit a supplementary or revised budget
to the Government through the CommiSSioner
Provtded that no alteratwn shall be made m the workmg
balance Without the consent of the Government
23 Audit.-The Commisswner shall forward to the.>
Government-
( a) a copy of every audtt report relatmg to the :lccounts
of the Devaswom sent to him by the auditor under sectiOn 72
of the Madras Hmdu Rehgious and Chantab;~ Endo·..vments
Act, 1951 (Madras Act XIX of 1951), and
(b) a copy of hts order under sub-sectwn (3) of sect10n 7-l
of the said Act with the reasons for the same
CHAPTER V
GENERAL
24 Temple Fund.-(1) There shall be constituted a fund
to be called "Sree Gmuvayaar Temple Fund" whtch shall be
'e&ted m and be admtmstered by the Committee
(2) The fund shall consist of-
(a) the mcomc denved from the movJble :md im
movable properties of the Devaswom,
(b) any contnbutwns by the Government e1the1 by
w.-ty of grant or by way of loan ,
(c) all fines and penalt1es tmposed under th1s Act ;
(d) all recovenes under thts Act , and
(e) any other gifts or contnbutwn& made by the
pubhc, local authontres or mstttut10ns, other than the con
tr•butwns referred to m sub-sectton (4) of st-::lton .)2
(3) The fund m:.1y be utilised for any o[ the purpoc;~s
prescribed under lhts Act and for all or any of the followm~
purposes. namely -
(a) mamtenance (mcludmg repairs and recomh uc
tlon), management and admmtstratwn of the Temple, 11 f JUO
perties and the temples subordmate thereto;
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(b) training of archakas to perform the reltgious
worship and ceremomes m the Temple and the temples sub
ordmate thereto,
(c) medical relief, water supply and other banttary
arrangements for the worshippers and the pilgnms and con
structwn of buildmgs for their accommoda'twn;
(d) culture anrl propagatiOn of the tenets and philo
~ophy associated With the Temple;
(e) any other work or undertaking for the purpoc;ec;
nf the Devaswom authonsed by the Governm~:?"lt, so long as
c;uch authonsatwn sub!'tsts, and
(f) With the prevtous sanctwn of the Gov~rnment,
for the establishment and mamtenance of, or the making of
any grant or contnbmwn to, any poor-home 0r other sim1lar
mstitution
25 Revision by Government.-(1) The Government may
call for and examme the records of the Admmistrator or of
the Committee or of the CommiSSIOner to sal1sfy themselves
as to the regulanty of such proceedmgs or of the correctnf>ss.
legality or propnety of any dectswn or order made theretn,
and 1f m any case It appears to the Government that any such
decisiOn or order should be modified, annulled, revised or re
mitted for reconsideratiOn, they may pass orders accordmgly.
(2) The Government may stay the execution of ~:ny
C<"CJSIOn or order referred to m sub-sectwn (l) pending the
exercise of their power under that sub-section in respect
the-reof
26 Rules.-( I) The Government may, by notd'icatwn in
the Gazette, make rules to carry out the purposes of th1s Act
(2) In parl!cular. and without preJudice to the genera
lity of the foregomg pr;wer, such rules may p1 ovide for--
(a) the manner of exerctse of control by the Com
Pllttee over the actwns of the Administrator;
(b) the grant of travelling or dally allowances to the
:Pembers of the Committee ,
(c) the performance of duties by the Commiltee under
"cct Ion 10 and the mode and extent of expendtture under
, .... ctl~n 24.
(d) the cond1t10ns of service of the Admmistrator;
3/23-3a
36
(e) the publicat10n of the administralwn report under
scctwn 13,
(f) the custody of records and properties of the
;)evaswom,
(g) the payment of contnbutwns towards the leave
allowances, penswn and provtdent fund of the Admtmstrator ; .:j.
(h) the preparatiOn of the budget estimate:> for the
Devaswom;
(1) the
acceptance of
5uppl!es,
preparation and sanct10n of estimates
tenders in respect of pubhc works and
-and
for
(J) the custody and mvestment of the Temple Fund
hy the Committee, and
(k) any other matter whtch has lo be, or may be,
prescnbed
(3) Every rule made under this Act shall be laid as
soon as may be after 1t IS made before the Legislative Assem
bly while It IS m sessiOn for a total penod of fourteen days
which may be compnsed m one sess10n or m two successtve
sesswns, and 1f, before the expiry of the sess10n m which It
IS so latd or the sessiOn Immediately tollowmg, the Legislative
Assembly makes any moddl.catwn m the rule or decides that
the rule should not be made, the rule shall thereafter have
effect only m such modtfied form or be of no effect, as the
case may be ; so however that any such modificatiOn or an
nulment shall be without prejudice to 1 he valJdily )[ :my
thmg pre~wusly done under that rule
27. Regulations.-~ l) The Committee may, subject to the
approval of the Government, make regulatiOns not tnconsJstent
w1th the provisiOns of this Act and the rules made thereunder
!n provide for the manner m which the duties Imposed on
1t under this Act and Its functwns thereunder shall be dis
charged
{2) In particular, and without prejudice to the gene
rality of the foregomg power, such regulatwns may provide
f,,r-
(a) the conditiOns of serv1ce of the officers and• em
;Jloyees of the Devaswom,
I
~
I
_,
37
(b) the observance of the ntes and ceremomes and
other usages m the Temple and the temples subordmate
thereto,
(c) any other matter for whtch regulatwns are reqUir
rd to be made for the purposes of thts Act
28 Committee to be in possession of the Devaswom pro
pcrhes.-(1) The Commtttee shall be entitled to take and be
m possesswn of all movable and tmmovable properties mclud
mg .1ewellenes, records, documents and other assets belongmg
to the Devaswom
(2) Notw1vhstandmg anythmg contamed 10 sub-sectwn
(1), pendmg const1tut10n of the CommtLtee, the Admtmstrator
shall be entttled to ta\e and be m possesston of all the pro
pertieS referred to 10 that sub-sectwn.
(3) If m obtammg such possessiOn. the Commtttee or
any person authonsed m thts behalf by the Commtttee or the
Adm1mstrator IS res1sted or obstructed by any one. the Com
.nJttee or the Adm101strator as the case may be. may make
u requtsthon m the prescnbed form to the Collector of the
dtstnct 10 which any such property ts situate to deliver pos
sessiOn thereof to the Commtttee or the Admtmstrator, as the
case may be
(4) Where a requiSition IS made to the Collector under
<:ub-sectron (3), the Collector shall hold a summary 10qu1ry
:.110 the facts of the case and 1f satisfied that the resistance
or obstructiOn was w1thout any JUSt cause. shall comply With
the satd requiSitiOn, and 10 exerc1s10g the powers under thts
sectron, the Collector may use such force as may be necessary.
(5) Every person authonsed by the Committee or act10g
under 1ts 10structwns 10 pursuance of thts sectwn or the
<\dm10tstrator shall be deemed to be a public servant wtthm
the mean10g of sectron 21 of the Indian Penal Code (Central
Act 45 of 1860)
(6) Nothmg conta10ed m th1s section shall bar the
instJtutwn of a sutt by any person aggrieved by an order
nade thereunder for estabhsh10g hts title to the property
2Q Protection of action taken in good faith.-No SUit,
;;rosecutwn or other legal proceedmg shall he agamst the
Govirnment or the CL'mmtsswner or the Comm1ttee or :~nv
~.r.ember thereof or the Admmtstrator or any other person
acting under the mstructwns of the CommJttee or authoiJsed
by It, for anythmg which IS m good faith done or mtended to
be done under th1s Act or the rules made thereunder.
30 Public officers to furnish copies of or extracts trom
certain documents.-All public officers havmg custody of any
record, register, report or other document relatmg to the
Devaswom shall furnish such copies of or extracts irom the
~arne as may be reqmred by the Administrator
31. Acts of Administrator not to be mvalidated.-No act
or proceedmg of the Administrator shall be mvahdated by
1 edson only of a defect or 1rregulanty m his appomtment or
on the ground that he was not entitled to hold or contmue m
office by reason of any disqualificatiOn
J2 Constitution of Renovation Executive Committee.-
(1) Notwithslandmg an:> thmg contamed m th1s Act or m the
Madras Hmdu Rehgwus and Chanlable Endowments Act, 1951
(Madras Act XIX of 1951), the Government may, 1f they con
nder It necessary m the mlerests of the affa1rs of the Temple r
and of the worshippmg public, to renovate and Improve the
Temple, by notificatiOn m the Gazette, approve and recognise
any Comm1ttee constituLed or to be const1tuted fnr the purpose ~-
(m this sectwn referred to as the "RenovatiOn Execut1ve Com
rmttee'')
(2) The RenovatiOn Executive Commtltee shall exerc1se
~uch powe;:s and discharge such functiOns m connectiOn with
the renovatiOn and improvement of the Temple and shall fol
low such procedure, as may be specified hy the Government
by notification m the Gazette
(3) The Renovatwn Executive Committee shall con
stitute a fund to be called the "Sree Guruvayoor Renovation
Fund'' which shall be administered l;>y the RenovatiOn Exe
cutive Committee subJect to such directions as the fiovern
ment may from time to time 1ssue
(4) The fund shall cons1st of all contnbutwns rece1ved
by the RenovatiOn Executive Comm1ttee for the specific pur-
pose of renovatwn and Improvement of the Temple 1
(5) The fund shall be utilised for the renovation <tnd
unprovement of the Temple and for mc1dental purposes m
cludmg the mamtemmce of the ncce.-sary establishments , anrl
any unspent amount o t 1 he fund shall be transferred tO' the
Temple Fund.
•
, 39
(6) The Government shall every year appomt an audtLOI
to audit the accounts nf the Renovation Executive Commtttee
[nd fix his remuneratiOn
(7) The remuneratiOn to the auditor shall be pa1d from
the Sree Guruvayoor RenovatiOn Fund
(8) 'L'he auditor shall subm1t h1s report to the RenovatiOn
Executive Comm1ttee and send a copy of It to the Gove1 n
.11\::nt, and thereupon the Government may 1ssue ~uch dlrec
t,ons then·on as they deem fit, and that Comm1ttee shall com
ply w1th ·,uch d1rectwns
(9) The report of the audttor and the d1rectwn" ISsued
hy I he Government thereon shall be published 111 the p1 e<;
cn bed manner
33 Savings.-Nothmg m Lh1s Act shall. save: as otherwtsc
expressly provided m th1s Act or the rules made thereunder,
affect any honour. emolument or perqu1s1te to wh1ch any
person IS entitled by custom or otherw1se from or m the
Devaswom, or 11 s estauli<>hed usage m regard to any othc·t
1 r>atter.
34 Removal of difficulties.-If any d1fficulty CJn~es m
diVIng effect to the provisiOns of th1s Act, the Government may.
,,c; occaswn may reqwre, by order, do anythmg not mcons1stent
wtth th1s Act or the rules made thereunder, whtch appears to
'J,em necessary for the purpose of removmg the d1fficulty
35 Applicahon of Madras Act XIX of 1951.-(1) The
provi~tons of the Madras Hmdu Rehgwus and Chantable En
nowments Act, l!"l51 (Madras Act XIX of 1951}, shall, except
111 respect of matt-ers for wh1ch prov1s1ons have been made m
th1s Act, apply to the Devaswom
(2) Sub~·2ct to the prOVISions of th1s Act, any reference
111 any provlSlon of the Madras Hmdu Rehgwus and Chant
c>ble Endowments Act·, 1951 (Madras Act XIX of 1951), to the
trustee or trustees or the Board of Trustees shall, m the ap
p1tcatwn of that proviSIOn to the Devaswom, be construed as
d reference to the Comm1ttee
36 Scheme framed for the Temple not to apply.-The
~cfleme framed for the Temple by the H1gh Court of Madras
----
40
m Appeals Nos. 211 and 212 of 1930, a~ modtfied by the
Dtstnct Court, South Malabar, m 0 S No. 1 of 1933, shall cease
to apply to the Temple
37 Repeal and saving.-(1) The Guruvayoor Devaswom
Ordmance, 1971 (12 of 1971}, lS h€reby repealed.
(2) Notwtthstandmg such repeal, anythmg done or any
action taken under the satd Ordmance shall be deemed to have
been done or taken under thts Act.
•