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The KERALA HINDU PLACES OF PUBLIC WORSHIP (AUTHORISATION OF ENTRY) ACT 1965 (Presidents Act 7 of 1965)

Kerala · state statute
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THE KERALA HINDU PLACES OF PUBLIC WORSHIP (AUTHORISATION OF
ENTRY) ACT, 1965
(President’s Act 7 of 1965)
CONTENTS
Preamble.
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Places of public worship to be open to all sections and classes of Hindus.
4. Power to make regulations for the maintenance of order and decorum and the due
performance of rites 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 courts.
9. Offences under the Act to be cognisable and compoundable.
10. Saving.
11. Repeal.
____
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THE KERALA HINDU PLACES OF PUBLIC WORSHIP (AUTHORISATION OF
ENTRY) ACT, 1965*
(No. 7 of 1965)
1[****]
An Act to make better provisions for the entry of all classes and sections of Hindus into
places of public worship.
2[Preamble.—WHEREAS  it is expedient to make better provisions for the entry of all
classes and sections of Hindus into places of public worship;
BE it enacted as follows.— ]
1.  Short title, extent and commencement .— (1) 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 3such date as the Government may, by notification in
the Gazette, appoint.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “Hindu” includes a person professing the Buddhist, Sikh or Jaina religion;
(b)  “place  of  public  worship”  means  a  place,  by  whatever  name  known  or  to
whomsoever belonging, which is dedicated to, or for the benefit of, or is used generally by,
Hindus or any section or class thereof, for the performance of any religious service or for
offering prayers therein, and includes all lands and subsidiary shrines, mutts, devasthanams,
namaskara mandapams and nalambalams, appurtenant or attached to any such place, and also
any sacred tanks, wells, springs 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” includes any division, sub-division, caste, sub-caste, sect or
denomination whatsoever.
3. Places  of  public  worship  to  be  open  to  all  sections  and  classes  of  Hindus.—
Notwithstanding anything to the contrary contained in any other law for the time being in
force or any custom or usage or any instrument 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
* Published in the Kerala Gazette Extraordinary No. 138, dated the 31st December, 1965.
1 Omitted by Act 8 of 1968.
2 Substituted by Act 8 of 1968.
3 20-04-1966. vide Notification no. 1147/D-Spl. 1/66. dated 15-04-1966 published in the Kerala Gazette No. 
16 dated 19th April 1966.
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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 Hindu 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
performance of rites and ceremonies in places of public worship .— (1) The trustee or any
other person in charge of any place of public worship shall have power, subject to the control
of the competent authority 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 ceremonies 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 (1) 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 Institutions Act, 1950 (Travancore-Cochin Act XV
of 1950), extends, the Travancore Devaswom Board;
(ii) in relation to a place of public worship situated in any area to which Part II of
the said Act extends, the Cochin Devaswom Board; and
(iii) in relation to a place of public worship situated in any other area in the State
of Kerala, the Government.
5. Penalty.— Whoever, in contravention of section 3,—
(a) prevents or attempts to prevent any person belonging to any section or class of
Hindus from entering, worshipping or offering prayers, or performing any religious service,
in any place of public worship; or
(b)  obstructs,  or  causes  or  attempts  to  cause  obstruction  to,  or  by  threat  of
obstruction or otherwise discourages, any such person from doing or performing any of the
acts aforesaid,
shall be punishable with imprisonment which may extend to six months, or with fine
which may extend to five-hundred rupees, or with both:
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Provided that in a case where a sentence of fine only is awarded, such fine shall not be
less than fifty rupees.
6.  Abetment  of  offences.—  Whoever  abets  any  offence  under  this  Act  shall  be
punishable with the punishment provided for the offence.
7. Enhanced  penalty  on  subsequent  conviction.—  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 conviction, be punishable
with imprisonment for a term which shall not be less than one month but which may extend
to one year and with fine which shall not be less than two hundred rupees but which may
extend to one thousand rupees.
8. Limitation of jurisdiction of civil courts .— No civil court shall entertain or continue
any suit or proceeding, or shall pass any decree or order, or execute wholly or partially any
decree or order, if the claim involved in any such suit or proceeding, or if 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 compoundable .— Notwithstanding
anything contained in the Code of Criminal Procedure, 1898 (5 of 1898),—
(a) every offence under this Act shall be cognisable; and
(b) every such offence, 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.
10. Saving.— Nothing in this Act shall apply to any matter which is an offence under
the Untouchability (Offences) Act, 1955 (22 of 1955).
11.  Repeal.— The Madras Temple Entry Authorisation Act, 1947 (Madras Act V of
1947), as in force in the Malabar District referred to in sub-section (2) of section 5 of the
States Reorganisation Act, 1956 (37 of 1956), and such of the provisions of the Travancore-
Cochin Temple Entry (Removal of Disabilities) Act, 1950 (Travancore-Cochin 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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