The Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965 (President's Act No.7 of 1965)

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 
.35 
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 
36 
· (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. 
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