LexThe Koodamanickam Devaswom Act, 2005
Kerala · state statute
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THE KOODALMANICKAM DEVASWOM ACf, 2005
(ACT 2 OF 2007)
CONTENTS
Preamble
Sectwns
CIIAf'TfR I
PRELIMINARY
1 Short t1tle and Commencement
2 Defimttons
CHAPTER II
COMM11TEE
3 Incorporation
4 Composltton of the Committee
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5. Term of Office of Non-offictal members, rcstgnatton and removal of
such members and casual vacanctcs ansmg m the1r places
6 Supersess1on of Committee
7 Meetmgs of the Conumttee
8 Acts or proceedmgs of the Committee not to be mvabdated
9. RemuneratiOn of the Chaannan and Members
10 Dut1es of Committee
11 Ahenat10n of Devaswom Properttes
12. Lumtatlon of power for borrowmg and lending
13 AdmmtstratiOn Report
CHAP'ITR III
ADMINISTRATION AND ESTABLISHMENT
14 Appomtment of Admmtstrator
15. Cond1t10ns of Servtce of Admmtstrator
16 Holdmg Addlttonal charge of the Office of the Admtmstrator
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17 Powers and Dulles of Admmtstrator
18 Establishment Schedule
19. Appomtment of Officers and Emptoyees
20 Ftxmg of Standard scales of Expendtture
CHAPTER IV
BUDGET ACCOUNfS AND AUDIT
21. Budget
22. Revtsed or Supplementary Budget
23. Accounts and Audtt
24. Authonty to whom audtt report 1s to be submttted
25. Contents of Audtt report
26 Rectlficatson of defects dtsclosed 10 audtt and order of surcharge
agamst commtttce, etc_.
CHAPTER v
GENERAL CONDillONS
27 Authonty of Committee to mcur expenditure for certam purposes
28 Commtttee to be m possesston of Dcvaswom Properties
29 Protection of Act10n taken m good fatth
30. Pubhc offices to furntsh coptes, or extracts or certam documents
31 Cost of proceedmgs etc
32 Nottficat10ns, Orders etc , not to be questioned m court of law
33. Power of Government to call for records and pass orders
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34 Savmgs
35. Thantn to be final authonty m rehg10us matters
36. Power to make Rules
37 Power to make regulatiOns
38 Removal of difficulties
39 Repeal and Savmg
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[TranslatiOn 1n Enghsh of "2oos-6lru cfh1S~Illo6ll'l1dh~o <:<JO.J<l\Ho ~.e;~r·
published under the authonty of the Governor ]
ACT 2 OF 2007 *
lliE KOODALMANICKAM DEVASWOM ACT, 2005
An Act to provrde for the proper admmzstratwn of the Koodalmamckam
Devaswom at Irrzn.Jalakuda
Preamble- WHERCAS, the Koodalmamckam Temple at IrrmJalakuda 1s nn
anctent temple of umq~e tmportancc havmg cxtcnstve propcrtlcs and
endowments;
AND WHEREAS, under the ProclamatiOn ISSued by the MaharaJa of Cochm
on the 30th day of November, 1917 and the Scheme of Admmtstratton tssucd
under that ProclamatiOn, the admmtstration, control and management of the
Devaswom had been vested m the ll1achudaya Kat mal;
AND WHEREAS, the admmtstrattOn and management by the 1 hachudaya
Katmal had detenorated the Devaswom and a Situation had ansen rcndcnng It
expedrent to reorgamse, the Scheme of Admmtstrat1on of the affaus of the
Devaswom on the pubhc mterest,
-AND WHEREAS, the Koodalmamckam Devaswom Act, 1971, was enacted to
prov1de better management of the Devaswom 10 supersession of all prev1ous laws
and arrangements apphcable thereto,
AND WHEREAS, Ongmal Petrtton No. 21R2 of 1986 was filed before the Htgh
Court of Kerala praymg to declare the Koodalmanickam Devaswom Act, 1971,
and the rules made thereunder as ultravues, v01d and 11legal and to stnke down
the satd Act and the rules tn Its enttrety for the reason that the provts10n11 of
the sa1d Act are substanttaHy same as that of the Guruvayoor Devaswom
Act, 1971
AND WHEREAS, the operative porttons of the Guruvnyoor Devaswom
Act, 1971 had been struck down by the Htgh Court of Kerala m its judgment m
Ongmal PetttJOn No 314 of 1973 on the ground that those provtsaons arc
v10lattve of arttcle 25 and 26 of the ConstitutiOn of lndta,
AND WHeR EAS, 1t ts apprehended that the same sttuatlon whtch had
rendered 1t expedtent to enact the Koodalmamckam Devaswom Act, 1971, fi>r the
better adnumstrahon, control and management of the Dcvaswom 1s ltkely to anse
1f the satd Act ts struck down by the Court,
AND WHEREAS, 1t as dccaded to enact a law. to prov1de, m the pubhc mtcrest
and m the mterest of the worshtppers of the Temple, for the proper
admm1strauon of the Devaswom on the hnc of the Guruvayoor Devaswom Act,
1978, tn the hght of the vahdrty of the same was upheld by the H1gh Court of
Kerala m 1ts judgement m 0. P No 7592 of 1984,
• Rece1ved the assent of Prcs•dent on the I Oth August, 200 7 and pubiJ!>hcd m the Kcrala
Ga7ettc Extraordsnary No 1556 dated 23rd Augu!lt, 2007
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BE 1t enacted m the Ftfty-stXth year of the Republic of lndta as follows·-
CHAPTER I
PRELIMINARY
Short tllle and Commencement- ( 1) This Act may be called the
Koodalmamckam Devaswom Act, 2005.
(2) It shall come mto force at once
2 Defimtwns -In this Act, unless the context otherwise requtres,-
(a) "Admtnistrator" means the Admm1strator appomted under
sect10n 14,
(b) "CommiSSIOner" means an officer not below the rank of the
Secretary to Government, who professes the Hmdu Rehg10n and beheves m
Temple worship, appomted by the Govenunent, by notification m the Gazette, to
be the CommissiOner for the purposes of this Act,
(c) "Committee" means the Koodalmamckam Devaswom Managmg
Commtttee constituted under section 3,
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(d) "Court" means the D1stnct Court havmg JUnsdtctlOn over the
area m whtch the Temple IS Situated, '
(e) "Devaswom" means the Temple, and mcludes Its properttes and
endowments and the subordmate temples attached thereto,
(f) "Hmdu" means a person who IS a behevcr m God and temple
worshtp or any person Hmdu by rehg1on or m any sect,
(g) "Person havmg mterest m the Temple" means a person who ts
entitled to perform worshtp or to do servtce m the temple or who IS m the hab1t
of performance of worsb1p or service m the temple or entitled to partake, or IS m
the habtt of partakmg, m the benefit of the dtstnbutlOn of temple favours
thereat,
(h) "Prescnbed" means prescnbcd by rules made under th1s Act ,
(i) "Temple" means the Koodalmamckam Temple at IrrmJalakuda;
(J) the expressiOns "Scheduled Caste" and "Scheduled Tnbe" shall
have the meanmgs respectively asstgncd to them m the ConstitutiOn of India
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CIIAPTLR II
COMMTITEE
3 Incorporatzon.--( 1) The admtrustratJOn, control and management of the
Devaswom shall be vested m a Commtttee constttuted m the manner heremafter
provtded
(2) Commtttee shall be known by the name the "Koodalmamckam
Devaswom Managmg Commtttee
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and shall be a body corporate havmg
perpetual success10n and a common seal and shall by the satd name sue and be
sued, through the Adnnmstrator
4 Composllwn of the Commzttee --{1) The Commtttcc shall cons1st of the
followmg members, namely.-
(a) a person nom mated by the Government from among Thantn 's
of the Temple, ex-oj]iczo,
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(b) a representative from among the employees of the Devaswom
nommated by the Hmdus m the Counctl of Mtmsters,
(c) not more than five persons, nom mated by the H tndus m the
Counctl of Mmtsters from among persons havmg mterest m the Temple, of whom
one shall be a member of Scheduled Caste or Scheduled Tnbc,
(2) A person shall be dtsqualtftcd for bemg nommated under
clause (c) of sub-~ectton {I), tf,-
(t) he belteves m untouchabtlity, or does not profess the Hindu
Rehgzon or beheve m temple worshtp, or
(n) he ts an employee under the Government or Devaswom; or
(m) he ts below thirty years of age, or
(tv) he IS engaged m any subststmg contract w1th the Devaswom; or
(v) he is subJected to any of the disqualtftcauon menttoned m
clauses (a), (b) and (c) of sub-section (3) of sect10n 5.
(3) The members of the Commtttee shalJ, at tts first meetmg elect one of
tts members as tts Chamnan
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(4) Every memb.er of the Commtttee shalt, before he enters hts office,
make an oath m wntmg wtth stgnature before the Comnuslitoner m the followmg
fonn, namely·-
"1, ... .. . . .... do swear m the name of God that I profess the
Hmdu Reltg10n and believe tn Temple worshtp and I do not bclteve 1n the
practtce of untouchability"
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5. Term of office of Non-ofjictal members, reszgnatwn and removal of such
members and casual vacanczes ansmg zn theu places -( 1) A member
nommated under clause (b) or clause (c) ot sub-sectwn ( 1) of sectiOn 4 shall
hold office for a pcnod of three years from the date of his nommat10n and shall
be ehgtble for renommat10n
(2) A member referred to m sub-sectiOn ( 1) may restgn his office by
g1vmg notice ·m wntmg thereof to the Government and shall cease to be a
member on h1s res1gnat1on bemg accepted by the Government.
(3) The Government may, by order, remove a member from office
referred to m sub-sectiOn ( 1 ), If,-
( a) he IS of unsound mmd and stands so declared by a court of
competent JUnsdict_JOn, or
(b) he has apphed for bemg adJudged as an msolvent, or ts an
undischarged Insolvent, or
(c) he has been convicted for any offence mvolvmg moral
turpitude, or
(d) they are satisfied that he has been gu1lty of corruptton or
mtsconduct m the adm1mstrat10n of the devaswom, or
(c) he has absented h1mself from more than three consecutiVe
meetmgs of the Committee and 1s unable to explam such absence to the
satisfactiOn of the Committee, or ~
(f) he, bemg a legal practitiOner, has acted or appeared on behalf of
any person agamst the mterest of the Devaswom m any legal proceedmg after
he has been nommated as a member of the Comnuttee, or
(g) he cease to profess the Hmdu Rehgaon or to behevc m temple
worslnp; or .
(h) he has commuted any act m support of the practice of
untouchabahty or has committed or abetted the Commtsswn of any act m
connection with the said act
(4) A member shall not be removed under sub-sectiOn (3), unless he has
been g1ven a reasonable opportumty of showmg cause agamst his removal
{5) A member who IS removed under sub-section (3) may, w1thm one
month from the date of the receipt of the order of removal, mstttute a sUit m .
the court to set as1de the order
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(6) The term of office of a member nommated to fill a casual vacancy
shall be the remammg penod of the member m whose place he has bce·n
nom mated.
6 Supersesszon of Commutee -{ 1) If the Government, are of the opm1on
that the Committee ts not competent to perform or makes default m performmg
the duties trnposed on 1t or abuses or exceeds tts powers, under thts Act the
Government may, after such mqmry as may be necessary, by notaficat1on m the
Gazette, supersede the Comm1ttce
(2) Before tssumg a not1ficataon under sub-sect ton ( 1 ), the Government
shall commumcate to the Committee the grounds on whtch they propose to do
so, fix a reasonable tame for the Commtttee to show cause agamst the proposal
and shall consider the explanattons and objections, tf any ·
(3) Any member of the Commtttee may, Wtthm a penod of one month
from the date of pubhcat10n of the nottfication under sub-section (1 ), mstttute a
suit m the Court to set astde the nottficat10n
(4) Where the Commtttee ts superseded under thts section, the
Comm1ss1oner shall cxerctse the powers and perform the functions of the
Comrmttee until the exp1ry of such penod of.super~ess10n ·
Provtded that, the maxtmum officaal pcnod of a member nommated under
c]ause (b) or clause (c) of sub-sect10n (1) of sectiOn 4, for the penod of
supersesston of a Committee, shaH not have the effect of extendmg the penod of
three years
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7 Meetmgs of the Committee -{1) The Conumttee shall cstabho;h tts office
at such place or places at ImnJalakuda as the Commrttee may determme, for the
transactton of Its busmess
(2) Every meetmg of the Commtttee shall be pres1ded over by the
Chatrman and tn hts absence by a person elected for the purpose by the
members present from among themselves . · 0
(3) No busmess shall be transacted m any meetmg of the Commtttce
unless at least three members thereof arc present
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(4) Quest10ns ansmg at the mcetmg of the Commtttee shall be dectdcd
by a maJonty of votes of the members present there at, and the Chairman er the
person pres1dmg shall have a castmg vote and he shall exercise that m the case
of equahty of votes
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8. Acts or proceedzngs of the Commzttee not to be znvalzdated -No Act
.or proceedmg of the Committee shall be mvahdated merely by1reason of,-
(a) any vacancy m or any defect m the constttutton of the Conumttee,
(b) any defect m the electwn or nommatton of a person actmg as the
Chamnan or a membe.r of the Cmrumttee; or
(c) any 1rregulanty m the procedure of the Committee not affectmg the
ments of the case.
9 Remuneratzon of the Chazrman and Members -No member of the
Commtttee shall receive or be patd any salary or other remuneratwn except any
travelhng or daaly allowance, as may be prescnbed
10. Dutzes of Commlltee.-SubJect to the provas1ons of thts Act and the
rules made thereunder, tt shall be the duty of the Commtttee,-
(a) subJeCt to the custom and usage m the Temple , to arrange for the
proper performan~e of the ntes and ceremomes m the Temple and the
subordmate temples attached thereto m accordance wtth the patlrzvu or scale of
expendtture fixed for the Temple and the subordmate temples under sechon 20 or,
tall the path1vu or scale of expendtture ts fixed under that sectiOn m accordance
wtth the pathzvu or scale of expenditure spectfted m Schedule I of Jhc
Koodalmamckam Devaswom Act, 1971 (7 of 1971 );
<_b) to provtde factlttles to the worshtppers for the proper performance
of worslup,
(c) to en~ure the safe custody of the funds, valuable sccuntles and
Jewellery and the preservation and management of the properties vested m the
Temple,
(d) to ensure mamtenance of order and d1sctpllne and proper
hygaemc condattons tn the temple and the subordmate temples attached thereto
and to mamtam the proper' standard of cleanlmes s and punty m the offermgs
performed wtthm the temple,
(e) to ensure that the funds of the endowments of the Temple are
spent accordmg to the known w1shes of the donors,
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_ (f) to make prov1stons for the payment of su1table emoluments to the
salaned staff of the Dcvaswom,
(g) to do all such thmgs as may be mc1dental and cq_nductve to the
effic1ent management of the afTatrs of the Devaswom and for the facahttes of the
worshippers .
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11. Ailenatwn of Devaswom propert1e~ -(1) No movable property of non
penshable nature whtch 1s m the possession of the CommJttee and the value of
, whtch 1s more than ftve thousand rupees and no Jewellery sha11 be ~old,
'. pledged or othcrw1se alienated unless tt 1s sanctioned by the CommtsSJOner as
bemg necessary or beneficial to the Devaswom
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(2) Any exchange, sale, mortgage or lease of any Immovable property
belongmg to, gtven or endowed for the purposes of, the Devaswom shall be null
and vo1d unless 1t 1s sanctioned by the Commissioner as bcmg necessary or
beneficial to the Devaswom.
(3) Before accordmg sanctton under sub-scctton ( l) or sub-sect10n (2).
the Comm1sS10ner shall pubhsh the parttculars relatmg to the proposed
transactten m such manner as may be prescnbed mvlt.mg objections and
--: suggesttons w1th respect thereto and shall duly constdcr all obJcetlOns and
suggest10ns recetved-from the Committee or other persons havmg mtcrcst m the
Temple
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(4) The CommiSSioner, on accordmg sanct10n under sub-scct10n (I) or
sub-sect10n. (2), may tmpose such conditiOns and gtve such d•rccttons as he may
deem necessary regardmg the utlhzatlon of the amount ratscd by the transachon,
the mvestment thereof, and, tn the case of a mortgage, regardmg the discharge
of the same wtthm a reasonable penod
(5) A copy of the order made by the Commissioner under th1s scct10n
shall be commumcated to the Government and to the Commtttce and shall be
published m such manner as may be prescnbcd
(6) The Committee may, wtthm three months from the date of rece1pt of
the copy of order, and any person havmg mtcrest m the temple, may, w1thm
three months from the date of pubhcat10n of the order, institute a su1t 111 the
Court to mod1fy the order or to set as1de 1t
(7) Notwlthstandmg anythmg con tamed m sub-sectton ( l ), no antiQUity
belongmg to the Devaswom shall be sold, pledged or otherwtse alienated
Explanatzon -For the purpose of this sub-sectiOn "anttqUJty" shall have
the same meanmg as m the AntiqUities and Art Treasures Act, 1972 (Central Act
52 of 1972)
12. Llmltatwn of power for borrowmg and /endzng - (1) The Committee
shall have no power to borrow money from, or to lend money to, any person
unless It 1s sanctiOned by the Commtsswner as bemg necessary or beneficial to
the Devaswom
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(2) The Commtsswner shall not refuse sanctwn under sub-sectwn (I)
unless the Commtttee has been gtven an opportumty for makmg representation
agamst such refusal
(3) Where sanction ts refused under sub-section ( 1 ), the Commtttee may,
wrthtn three months from the date of recerpt of the deczsron of the
Commtsstoner, mstttute a sutt m the court to set astde that dcctston
13 Admzmstratzon report --{1) The Comnuttee shall annually submtt to the
Commtsstoner a report on the admtmstratton of the affatrs of the Devaswom at
such ttme as may be prescnbed, and such report shall be forthwtth pubhshed
by the Conumttee m the prescnbed manner.
(2) The Commtsstoner shaq submn a copy of the report prepared and
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published under sub-sectwn ( 1 ), to the Government and the Government may lay ~
the report before the Legtslattve Assembly as soon as posstble.
CHAPTER Ill
ADMINISTRATION AND ESTABLISHMENT
14 Appozntment of Admmzstrator.-( 1) The Commtttee shall appomt an
offtcer of Government not below the rank of Under Secretary or Deputy
Collector to be the Admtmstrator for the Devaswom, from among a panel of .
names fumtshed by the Government
(2) No person shall be appomted under sub-sectiOn (1) unless he
professes the Hmdu Rehgton and behcve!> 111 temple worshtp
(3) The Admmtstrator appomted under the Koodalmamckam Devaswom
Act, 1971 (7 of 1971) and holdmg office at the commencement of thts Act, shall,
untll the appomtment of an Admmtstrator under sub-sectton ( 1) or tlll the exptry
of a penod of three months from such commencement, whtchevcr ts earher, be
deemed to be the Admmtstrator appomted under sub-sectton ( 1)
15 CondllzQns of serv1ce of Admmz~trator-( 1) The admtmstrator shall be
a full-ttme offtcer of the Devaswom and shall not undertake any work not
connected wtth h~s office wtthout the penntsston of the Commtttee
(2) The Admmtstrator shall be patd out of the funds of the Devaswom ... ~
such salary and allowances as the Government may wtth the concurrence of the
Conumttee fix m tlus behalf
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(3) There shall be levied a contnbution from the fund of the Dcvaswom
towards leave allowances, penston and provident fund of the Admnustrator to
the extent requrred by the rules for the ttme bemg m force
{4) The Government shall wtthdraw the Admm1stra&or from hts office If a
resolution recommendmg such wtthdrawal ts passed by a maJonty of not less
than two-thtrds of the total membersh1p of the Committee.
(5) Subject to the provtstons of sub-sccttons (1 ), (2), (3) and (4), the
condtttOns of service of the Admtmstrator shall be such as may be determmcd
by the Commtttee by regulations made m th1s behalf
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16 Holdmg Addllwnal charge of the offtce of the Adnunzstrator -
(I) Notwtthstandmg the provtstons ·cdntamed m sect tons 14 and 1 S, 1t shall be
competent for the Govenunent to appomt an officer of the Government not below
the rank of Under Secretary or Deputy Collector to be m addttsonal charge of the
office of the Admtmstrator, pendmg appoantment of the Admtmstrator under
sectiOn 14 or when the office 1s temporanly vacant·
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Provtded that the penod of such addlttonal charge shall not exceed three
months
(2) No person shall be appomtcd under sub-sect10n ( 1) unless he
professes Hmdu Rehg10n and believes m temple worship.
(3) An Officer appomted to be m addtttonal charge of the office of the
Admtmstrator, under sub-sectton (1) shall be patd such allowances as the
Government may fix. m tlus behalf.
17 Powers and dutzes of AdmmJstrator -( 1} The Admtmstrator shall be
the Secretary to the Committee and Its Cluef Execultve Officer and shall, subject
to the control of the Commtttee, have powers to carry out Its dectstons m
accordance wtth the prov!c;tons of th1s Act
(2) The Admmtstrator shall arrange for the proper collection and credtt of
the offenngs made m the temple.
(3) The Admantstrator shall have power to mcur expenditure not
exceedmg five thousand rupees to meet unforseen contmgenc1es dunng the
mterval between two meetmgs of the Commtttee.
18 Estabhshment schedule -(1) The Admmtstrator may, as soon as may
be after the commencement of thts Act, prepare and subrmt to the Committee a
· -:r· schedule settmg forth ·the duttes, des1gnat10ns and grades of the officers and
employees .who may m h1c; optmon constitute the establtshmcnt of the temple,
and together wtth hts proposals w1th regard to the salary and allowances
payable to them
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(2) The Committee shall forward the schedule submttted to 1t under
sub-section ( 1) With Its recommendatiOns thereon to the CommJsswner for
approval ·
(3) The Comrmss10ner shall, after cons1denng the recommendations of the
Committee, approve schedule, eather w1th or w1thout mod1ficat10ns as he deems
necessary, and thereupon the schedule as approved by the CommiSSioner shall
come into force
(4) No change shall be effected m the schedule except with the approval
of the Commtsstoner.
(5) SubJect to the exceptions as the Corrumttee may, by general or spec1al
order, d1rect, the officers and employees of the Devaswom m the servtce of the
Devaswom Immedtately before the commencement of thts Act shall contmue as
such, and the condtttons of their serv1ce shall be such as may be detenmned by
regulat10ns made under this Act.
(6) A person who does not profess the Hmdu Rehgton or beheve m
temple worshtp shall be d1squahf1ed for bemg appomted as, or for bemg, an
officer or employee of the Devaswom
19 Appomtment of officers and employees-{ 1) Appomtrnent of all officers
and other employees of the Devaswom shall be made by the Committee
(2) Ten per cent of the paste; tn each grade of the officers and other
employees of the Devaswom m the entry cadre shall be reserved for the
Scheduled Castes and the Scheduled Tnbes, of whtch one fifth shall be reserved
for the Scheduled Tnbes.
(3) SelectiOn of officers and other employees of the Devaswom may be
made by sub-comm1ttees constituted by the Commtttee from among 1ts members ·
Prov1ded that selection of employees to be m charge of the ntuals and
other ceremomes of the Temple shall not be made by any sub-comm1ttee of
which the Thantn of the Temple ts not a member.
( 4) Subject to the provsstons of sub-sect10ns ( l ), (2) and (3) the
procedure for the selectton and appointment of officers and other employees of
the ~evaswom shall be determmed by the Committee 10 accordance with the
regulations made 10 thts behalf
20. Fzxmg of standard scales of expenditure -(I) The Commtttee shall,
from ttme to hme submtt to the Commtsstoner. the proposals for fixiQg the
patlflvu or scale of expendtture m the Devaswom and the 3Jllounts whtch may
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"\' be allotted to the vanous purposes connech~d wath the Devaswom or the
proport1on m wh1ch the mcomc or other property of the Dcvaswom may be
appropnated to such purposes
(2) The Commtttct shall pubhsh such proposals at the premtses of the
Devaswom and m such other manner as the Commtssaoner may d1rect together
wath a nottce statmg that wathin one month from the date of such pubhcatt6n
any person havmg mterest m the temple may submat objectaons or suggesuons
to the Commtssaoner
(3) If, on scrutmy of such proposals and any objecttons and suggesttons
made by persons havmg mtercsr m the temple, 1t appears to the Commissioner
that the scale of expendtture or any ttem m the scale of expendtture is at
---;..... vanance Wtth the established usage of Devaswom or IS not JUStified by ItS
financtal posat10n, the Commtssaoner may call for the remarks of the Conumttee
and after consadenng the same, the Commassaoner as of lhe opmton that any
modaficat10n 1s requared m the scale of cxpendtlurc or any ltem m the scale of
expendtture, he sha11 pass orders accordmgly and such orders shall, subj~ct to
the provasaons of sub-sect10n ( 4 ), be final
(4) The Committee may, wnhm three months from the date of rccctpt of
.the order passed by the Commasstoner under sub-scctaon (3), mstatute a suit in·
the court to modafy the order or to set asade at
CHAPTER IV
BUDGET, ACCOUNTS AND AUDTI'
21 Budget-( I) The Commtttee shall, before the end of March m each
fmanctal year. submtt to the Commlsstoner m such form as may be dctenmned
by htm, a budget estamate of the recetpts and expendature of the Devaswom for
the followmg financaal year
(2) Every such budget shall make adequate provaston for-
(a) the pathzvu or scale of expendature for the tame bemg m force;
(b) the due discharge of all habthtJes of the Devaswom;
(c) the con~tructaon, repatr, mamtcnancc and renovatlOn of buJidmgs
connected with the Devaswom, and
(d) the mamtc'tance of a workmg balance.
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(3) The Comn;uss10ner may, after gtvmg nottce to the Committee m the
prescnbed manner and after constdcnng tts representations, tf any, make such
modtficatton, omtsstons or addttlons m the budget as the Commtsstoner may
deem fit
(4) The Comnuss10ner shall sent a copy of the budget as approved by
htm to the Government
22 Revzsed or supplementary budget-If, m the course of any year, the
Commtttee constders 1t necessary to modtfy the figures shown m the budget
with regard to tts receipts or expenditure, It may submit a supplementary or
revtsed budget to the Comnuss10ncr.
Provtded that no mod1ficataon shall be made m the workmg balance wtthout
the consent of the Commtss10ncr
23 Accounts and audll --{ l) The Committee shall keep regular accounts of
all recetpts and disbursements
(2) The accounts of the Devaswom shall be subJect to concurrent
audtt, namely, the audit shall take place as and when expcndtturc ts mcurred.
(3) The aud1ts shall be made by aud1tors appomtcd m the prescnbed
manner, who shall be deemed to be publtc servants withm the meamng of
section 2 l of the lnd1an Penal Code (Central Act 45 of 1860)
24 Authonty to whom audll report ts to be submztted - After completmg
audit for any year or shorter penod or for any transactton or series of
transactions, as he deems ftt, the aud1tor shall sent a report to the
Comm tSSioner.
25. Contents of audll report-( 1) The Audttor shall specify m hts report
all cases of Irregular, tllcgal or Improper expenditure or of fa1.lure to recover
moneys or other property due to the Devaswom or of loss or waste of money
or other property thereof, caused by neglect or mtsconduct
(2) The auditor shall also report on such other matters relatmg to the
accounts as may be prescnbed or on matters on whtch the CommtSSJoner rs
entitled to requrre the report
26 Rectzfzcatzon of defects dz~closed zn audzt and order of surcharge
agaznst Commzttee. etc -( 1) The CommtssJOner shall sent a copy of every audit
report to the Commtttce and 1t shall be the duty of the Committee to recttfy any
defects or 1rregulanttes pomtrd out by the audllor and report the same to the
Conumss10ner
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(2) If, on a constderattOn of the report of the audttor along wtth the
report, tf any, of the Commtttee, the Conuniss10ner ts sattsfied that the ·commtttee
or any officer or other employee of the Devaswom was gutlty of
mtsappropnatlOn or deliberate frtner of fund of Devaswom or of gross neglect
resultmg loss to the Devaswom , the Commtsstoner may, after g1vmg nottce to
• the Commtttee or such officer or other employee to show cause why an order of
-surcharge should not be passed agamst tt or htm and after constdenng tts or hts
explanatiOn, tf any, by order, ccrttfy the amount so lost and drrect the Commtttee
or such officer or other employee to pay, wtthm a spectfied tame, such amount
personally and not from the funds of the Devaswom
-I, Provtded that tf Ill respect of any expendtturc or dealmg wtth the property
of the Devaswom, the Commtttee or such officer or other employee had obtamed
the dtrectiOns of the CommissiOner or the Government had acted m accordance
w1th the such dtrecttons, the Committee or such persons shall not be held
respons1ble.
(3) The CommissiOner shall forward a copy of the order under
sub-section (2) wtth the reasons for the same by regJstered post to the .. ,
Commltt~e or the officer or other employee concerned
(4) The Corrumttee or officer or other employee aggneved by an order of
- -....- the Commtsstoner under sub-sect1on (2), may, wtthm 30 days of the recetpt of
that order, apply to the Court to mod1fy or set as1dc the order, and the court,
after takmg necessary evtdence the court may C<?nfirm modtfy or remtt the
surcharge
(5) An order of surcharge under thts sectiOn agamst the Comnnttee
shall not bar a su1t for accounts agamst tt except m respect of the matters finally
dealt wtth by such order
(6) Any amount recoverable from the Commtttce or any officer or other
employee by Wf4Y of surcharge may, on requtsttlon made by the Comrmsstoncr,
be recovered under the provisions of the Kerala Revenue Recovery Act, 1968, as
tf, tt were an arrear of pubhc revenue due on land
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CHAPTER V
GENERAL CONDillONS
27. Authority of Committee to mcur expenditure for certam purposes -
The Cotruntttee may, after making adequate provision for the purposes referred to
m sub-sectron (2) of sectton 21, mcur expenditure out of the funds of the
Devaswom for all or any of the followmg purposes, namely·-
( a) Mamtenance (mcludmg repairs and'reconstructtOn), management and
adrnrmstratton of the Temple, 1ts properttes and the temples subordmate to it;
(b) trammg of archakas to perform the rehg10us worshtp and ceremorues
in the Temple and the temples subordmate to 1t,
(c) medtcal ard, water supply and other samtary arrangements for the
worshippers and the pllgnms and constructiOn of buildings for theu
accommodation;
(d) promote and propagate the tenets and phtlosophy assocaated wtth
the Temple;
(e) to grve any grant or contnbutton to any poor home or other
mst1tut10ns estabhshed and mamtamed for the benefit of the persons mamly
belongmg to the Hmdu Rehg10n, .. ,
(f) the constructton of bulldmgs connected wrth the affairs of the
Devaswom ; and
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(g) the makmg of any kmd of donation to any rchgtous mstltutron ~-
Provrded that no expendtture shall be mcurred for any of the purposes
mentiOned m clause (g), unless the same 1s sanctioned by custom or practice
assoctated w1th the Temple.
28. Committee to be m possesszon of Devaswom propertzes -( 1) The
Committee shall be entitled to take and put m possessiOn of all movable and
Immovable propert1es mcludmg Jewellery, records, documents and other assets
belonging to the Devaswom .
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(2) If m obtammg such possesswn, the Commrttee or any person
authonsed m thts behalf by the Comm1ttee, or the Ad~m1strator ts res1sted or
obstructed by anyone, the Commrttee or th.e Admmtstrator, as the case may be,
may make a requts1tton m the prescnbed form to the Collector of the Dastnct m
whtch any such property 1s Situated to dehver pos;ess10n thereof to the
Comm1ttee or the Admmtstrator, as the case may be
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(3) Where a reqUisttJOn ts made to the Collector under sub-sectton (2)
the Collector shall hold a summary mqUlry m to the facts of the case and, tf
s,atlsfied that the resistance or obJection was w1thout any JUSt cause, shall
comply w1th the satd requtsttton, and 111 exerctsmg the powers under tlus sectton,
the Collector may use such force as may be necessary.
( 4) Every person authonsed by the CommJttee or actmg under Jts
mstructtons m pursuance of thts sectiOn or the Admtmstrator shall be deemed to
be a pubhc servant wtthm the mcamng of sectiOn 21 of the Indtan Penal Code
(Central Act 45 of 1860).
(5) Nothmg contaJned m thts sectiOn shall bar the mst1tut10n of a ~utt
by any person aggneved by an order made thereunder for estabhshmg hts title
to the property.
29. Pt otectwn of actzon taken zn good fazth -No suit, prosecution or
otber legal proceedmg shall he agamst the Government or the Commtssaoner or
the Conumttee or any member thereof or the Admmtstrator or any other person
aetmg under the mstructtons of the Commtttee or authonsed by tt for anythmg
whtch ts done or mtended to be done m good falth under thts Act or the rules
made thereunder.
30 Publzc officers to furnrsh copzes, or extracts of certam documents -All
pubhc officers havmg custody of any record, regtster, report or other documents
relatmg to the Devaswom shall fum1sh such coptes of, or extracts from, the same
as may be reqUired by the Commtsstoner or the Committee.
31 Cost of proceedzngs, etc.-The costs, charges and expenses of, and
mctdental to, any sutt, appeal or appitcatton to a court shall be m the dtscretJOn
of the court, and may dtrect the whole or any part of such cost, charges and
expenses, to be met wtth from the property or mcomc of the Dcvaswom, or to
be borne and pa&d m such manner and by such persons as tt thmks fit
32. Nottficatwns, orders etc, not to be questwned m court of law.-Save
as otherw1se expressly prov1ded m thts Act, no nottficatton Issued, order passed,
dectston made, proceedmgs or action taken or other thmg done under the
provtstons of tlus Act by the Government or the Commtsstoner shall be hable to
be questaoned m any court of law.
33. Power of Government to call for records and pass orders -(1) The
.:Y" Government may call for and exanune the records of the Commtss1oner or of the
Comm1ttce m respect of any proccedmg, not bemg a proceedmg m respect of
whtch a suit or apphcat10n to the court IS prov1ded by thts Act, to sat1sfy
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themselves that the prov1stons of thts Act have not been vwlated or the 'J'.
mterests of the Devaswom have been safeguarded and 1f, m any case, 1t appears
to the Government that any dec1s10n or order passed m such proceed1ng has
VIolated the provtstons of th1s Act or IS not m the mterest of the Devaswom
' they may modtfy, annul or set astde such dec1s10n or order or remit such
dects1on or order for recons1derat10n
Provtded that the Government shall not pass any order preJudtctal to any
party unless he has been gtven a reasonable opportuntty for makmg h1s
representatiOns.
(2) The Government may stay the executiOn of any such dec1s1on or
order pendmg the exerctse of the1r powers under sub~sectJOn ( 1) tn respect
thereof •
34. Savmgs -Nothmg m th1s Act shall, save as otherw1se express!~
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provtded m thts Act or the rules made thereunder, affect any honour, emolument
or pcrqms1te to which any person 1s entitled by custom or otherwtse from or m
the Devaswom or 1ts established usage m regard to any other matter
35. Thantrl to be final authority m rehgwus matters-{ 1) Nothmg m thts
Act shall be deemed to authonse the Commtttce or the CommJSSJoner or the
Government to mterferc w1th the rehg1ous or spmtual matters pertammg to the • Devaswom
(2) The dec1s1on of the Thantn of the Temple on all rehg1ous, spmtual,
ntual or cercmomal matters pertammg to the Devaswom shall be final, unless
such dec1S1on VIOlates any proviSIOn contamed m any law for the ttme bemg m
force
36. Power to make rules-{ 1) The Government may by notlficatton m the
Gazette, make rules to carry out the purposes of th1s Act
(2) In particular, and Without preJUdice to the generality of the foregomg
power, such rules may provtde for,-
(a) the pubhcahon of the Admm1stratton Report under section 13,
(b) the custody of th'e records and properties of the Devaswom;
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(c) the payment of contnbuttons towards the leave allowances,
penston and provtdent fund of the Admtmstrator, --~-
-(d) any other matter whtch IS requtred to be, or may be prescnbed
under th1s Act
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(3) Every rule made under th1s Act shall be latd, as soon as may be
after It Is made, before the Legislattve Assembly while It ts m session for a total
penod of fourteen days, wh1ch may be comprased m one sessron or m two
successtve scss10ns and If before the cxprry of the scss1on m whrch It ts so laid
or the sesston tmmedtatcly followmg, the Legtslative Assembly makes any
modtficattOn m the rule or decides that the rule should not be made, the rule
shall thereafter have effect only m such modtficd form or be of no effect, as the
case may be, so, however, that any such modtficatiOn or annulment shall be
Without preJUdice to the vahdtty of anythmg previOusly done under that rule.
37. Power to make Regulatzons.-(1) The Committee ·may, subJect to the
approval of the Government, make rcgulatwns not mconststent wtth the
proviSions of thts Act and the rules made thereunder, to prov1de for the manner
tn which the duttes Imposed on tt under th1s Act and 1ts functiOns thereunder
shall be dtscharged.
(2) In particular, and wtthout prejudtce to the generahty of the
foregomg power, such regulations may provide for,-
(a) the condltwns of servtce of the Admmrstrator and the other
officers and employees of the Devaswom,
(b) enforcement of the observance of the ntes and ceremontes and
other usages m the Temp!~ and the temples subordmate to 1t,
(c) any other matter for which regulatiOns arc reqmred to be made
for the purposes of thts Act
38 Removal of difficulties -If any dtfficulty anscs m g1vmg effect to the
provtstons of thts Act, the Government may, as occaston may reqUlre by order,
do anythmg not mconststent wtth the Act or the rules made thereunder, whtch
appears to them necessary for the purpose of removang the dafficulty:
Provtded that no such order shall be assued after the expiry of two years
from the date of commencement of thts Act.
39 Repeal and savutg-{ 1) The Koodalmamckam DeYaswom Proclamatton
(Cochm) tssued on the 30th day of November, 1917, and the Scheme of
Admm 1strat10n pubhshcd thereunder, the Koodalmamckam Devaswom
ProclamatiOn {Travancore) tssued on the 12th day of June, 1919, the
Koodalmantckam Devaswom Act, 1918 (Madras Act I of 1919) and the
Koodalmaruckam Deva~wom Act, 1971 (7 of 1971 ), arc hereby repealed
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(2) Notw1thstandmg the repeal of the Koodalmamckam Devaswom Act,
1971 (7 of 1971),-
(a) the pathzvu or annual scale of expenditure spectfied m Schedule I
of the satd Act shall contmue to apply to Devaswom t11l the Path1vu or scale
of expenditure IS fixed under sechon 20, and
(b) all orders passed or purported to have been pac;sed, decisions
made or purported to have been made, proceedmgs or act1ons taken or purported
to have been taken and thmgs done or purported to have been done by the
Koodalmamckam Devaswom Managmg Commtttee or the Admm1strator or the
Commtss10ner under the satd Act shall, m so far as they arc not mconsisten(
w1th the provisions of this Act, be deemed to have been passed, made taken or
done by the appropnate authonty under th1s Act, as 1f th1s Act were m force on
the date on whtch such orders, decas10ns, proceedmgs act10ns and thmgs were
pac;sed made taken or done or purported to have been passed, made,
taken or done
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