LexThe Maharashtra Devdasi System (Abolition) Act, 2005.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act2006 : Mah. XXXIII] 1
THE MAHARASHTRA DEVDASI SYSTEM (ABOLITION)
ACT, 2005
[Text as on 19th April 2024]
——————
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title, extent and commencement.
2. Definitions.
3. Dedication as Devdasi unlawful.
4. Marriage of Devdasi.
5. Control Board.
6. Powers, functions and duties of Control Board.
7. Disqualification and removal of nominated members.
8. Constitution of District Committee.
9. Powers, functions and duties of District Committee.
10. Devdasi Prevention Officers.
11. Offences and penalties.
12. Cognizance of offence.
13. Limitation not to apply for taking cognizance.
14. Procedure to be followed in tiral.
15. Copy of information by police to be forwarded to District Committee.
16. Copy of judgment to be forwarded to District Committee.
17. Publication of fact of conviction, etc.
18. Public servants.
19. Protection of action taken in good faith.
20. Power to make rules.
21. Removal of difficulty.
22. Repeal and saving.
2 The Maharashtra Devdasi System [2006 : Mah. XXXIII
(Abolition) Act, 2005
2006 : Mah. XXXIII] The Maharashtra Devdasi System 3
(Abolition) Act, 2005
LIST OF AMENDMENT ACTS
1. Amended by Mah. 22 of 2013 (21-08-2013)
Note:- The date mentioned in the bracket indicates the date of commencement of the Act.
4 The Maharashtra Devdasi System [2006 : Mah. XXXIII
(Abolition) Act, 2005
2006 : Mah. XXXIII] The Maharashtra Devdasi System 5
(Abolition) Act, 2005
MAHARASHTRA ACT No. XXXIII OF 20061
[THE MAHARASHTRA DEVDASI SYSTEM (ABOLITION) ACT, 2005.]
[This Act received the assent of the Governor on the 6th August 2006;
assent was first published in the Maharashtra Government Gazette,
Extraordinary, Part IV, on the 11th August 2006.]
An Act to provide for a comprehensive law to abolish the practice of dedication of women as
Devdasis to Hindu deities, idols, objects of worship, temples or religious institutions, and to
protect the women so dedicated against exploitation, and for matters connected therewith or
incidental thereto.
WHEREAS it is expedient to abolish the practice of dedicating women to the Hindu deities, idols,
objects of worship, temples or religious institutions as devdasis which is in existence in some parts of
the State ;
AND WHEREAS such practice of Devdasis is derogatory to the dignity of women leading to
their exploitation ;
AND WHEREAS with a view t o suggest effective measures to abolish such practice and to
rehabilitate the Devdasis in the society to enable them to lead respectable life, the Government of
Maharashtra had appointed a study group;
AND WHEREAS after considering the recommendations mad e by the study group, it is
considered expedient to enact a comprehensive law providing for effectively abolishing “ Devdasi”
system, so as to enable them to live with dignity ; and to make stringent deterrent provisions for
punishing the persons who are re sponsible for or involved in, this practice of Devdasis and matters
connected therewith or incidental thereto ; it is hereby enacted in the Fifty -sixth Year of the Republic
of India as follows :—
1. Short title, extent and commencement. — (1) This Act may be called the Maharashtra
Devdasi System (Abolition) Act, 2005.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force on such date 2 as the State Government may, by notification in the
Official Gazette, appoint.
2. Definitions.— In this Act, unless the context requires otherwise,—
(a) “Control Board” mean the Devdasi Practice Control and Eradication Board established
under section 5 ;
(b) “ dedication” means the performance of any act or ceremony by whatever name called,
by which a woman is dedicated, voluntarily or otherwise, to the service of a Hindu deity, idol,
object of worship, temple or religious institution as Devdasi or Jogtin or by any other name ;
(c) “Devdasi” means a woman dedicated to a Hindu deity, idol, object of worship, temple or
religious institution, named as Devdasi, Jogtin or by any other name;
(d) “Devdasi Prevention Officer” means an officer appointed under section 10 ;
(e) “ District Committee” means a District Devdasi Practice Control Committee or
Committees constituted under section 8 ;
(f) “Government” means the Government of Maharashtra ;
1 For Statement of Objects and Reasons (English), see Maharashtra Government Gazette , Extraordinary, No.
64, Part V-A, dated 15th December 2005, p.558.
2 This Act was brought into force by G. N., W. and C.D.D., No. DEPUVI -2004/CR-16/D-2, dated the 29 th
March 2008, w.e.f. 31st March 2008.
6 The Maharashtra Devdasi System [2006 : Mah. XXXIII
(Abolition) Act, 2005
(g) “prescribed” means prescribed by rules made under this Act;
(h) “ temple” means a place by whatever name called dedicated to or used as a place of
religious worship ; and
(i) “woman” means a female human being of any age.
3. Dedication as Devdasi unlawful. — (1) Notwithstanding any custom, usage or law to the
contrary whether before or after the commencement of this Act, dedication of a woman as Devdasi is
prohibited and is hereby declared unlawful and to be of no effect.
(2) Taking part in or abetting the perf ormance of any such act or ceremony of dedication or any
attempt or preparation for dedication of a woman as Devdasi or propagation of the practice of Devdasi
is also hereby prohibited and declared unlawful.
4. Marriage of Devdasi. — (1) Notwithstanding a ny custom, usage, rule or any law to the
contrary, no marriage contracted by a woman being a Devdasi shall be invalid and no issue of such
marriage shall be illegitimate by reason only of such woman being a Devdasi.
(2) Co-habitation by any man with a Devdasi as husband and wife for a reasonably long period
under the same roof shall, prima facie, raise the presumption of legal and valid marriage subsisting
between the two of th em and any offspring of such co -habitants shall be legitimately entitled to have
the hereditary right in the property of such couple, as per the personal law by which such persons are
being governed.
5. Control Board. — (1) The State Government shall, by notification in the Official Gazette,
establish for the State with effect from the date specified therein, a Board to be called the Devdasi
Practice Control and Eradication Board (hereinafter referred to as “ the Control Board”).
(2) The Control Board shall consist of the following members, namely:—
1[(a) a person, who is or has been a Judge not
below the rank of a Selection Grade District Judge, to be
appointed by the Government in consultation with the
High Court, or a person who is or has been an officer not
below the rank of a Secretary to the Government, to be
appointed by the Government ...
…Chairman;]
(b) two other persons to assist the Chairman, who
shall be the persons of ability, integrity and standing
having adequate knowledge and experience of dealing
with the problems relating to exploitation of women, to
be nominated by the Government, of whom at l east one
shall be a woman, nominated in consultation with the
State Women’s Commission ...
Members;
(c) the Commissioner of Women and Child
Development of Government...
Ex-officio Member-
Secretary.
(3) The term of office of the members of the Control Board shall be of five years.
(4) No act or proceeding of the Control Board shall be invalid by reason only of a vacancy
therein, or any defect in nomination of any members, if such act or proceeding is o therwise in
accordance with the provisions of this Act.
(5) Appointments made, from time to time, as members under clause ( b) of sub-section (2) shall
be published in the Official Gazette.
1 Clause (a) was substituted by Mah. 22 of 2013, s.2.
2006 : Mah. XXXIII] The Maharashtra Devdasi System 7
(Abolition) Act, 2005
(6) The Control Board shall meet at such time and place and shall observe such procedure in
regard to the transaction of its business as the Chairman may think fit.
(7) The non-official members nominated by the State Government under clause (b) of sub-section
(2) shall receive such fees and allowances as may be prescribed.
6. Powers, functions and duties of Control Board.— (1) The Control Board shall endeavour for
achieving the objectives of this Act, and for effective implementation of the provisions of this Act,
supervision of the working of the District Devdasi Practice Control Committees and the Devdasi
Prevention Officers, and shall also study the various problems of Devdasis in the entire State and
suggest to the Government various remedial or preventive measures which, in its opinion, need to be
taken to effectively control and eradicate the practice of Devdasis in the State Board.
(2) The Control Board shall, for the purposes of this Act have all the powers of a Civil Court
while trying a civil suit under the Code of Civil Procedure, 1908 (5 of 1908) , in res pect of the
following matters, namely :—
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits ;
(d) requisitioning any public record or copy thereof from any Court or office ;
(e) issuing Commissions for the examination of witnesses or documents ; and
(f) such other matters as may be prescribed.
(3) The other powers, functions and duties of the Control Board shall be suc h as may be
prescribed.
(4) The Control Board shall carry out any directions, which may be issued by the State
Government, from time to time, for effective and smooth implementation of the provisions of this Act.
7. Disqualification and removal of nominated members. — (1) A non -official member
nominated under clause (b) of sub-section (2) of section 5 shall be disqualified for being nominated or
for being continued as, a member, if such member,—
(a) is convicted by a Criminal Court for an offence involving moral turpitude; or
(b) is of unsound mind and stands so declared by a competent court; or
(c) is an undischarged insolvent; or
(d) refuses to act or becomes incapable of acting as the member; or
(e) is otherwise in the opinion of the Government, unsuitable to continue as a member.
(2) The State Government may, remove a member who is found to be or has become, disqualified
under sub-section (1), as the member of the Control Board :
Provided that, no person shall be removed under clauses ( d) a nd ( e) of sub -section ( 1),
unless that person has been given a reasonable opportunity of being heard.
8. Constitution of District Committee.— (1) The State Government may, by notification in the
Official Gazette, constitute a District Devdasi Practice Control Committe e (hereinafter referred to as
“the District Committee”), for such District or Districts, as deemed fit, for the purposes of this Act:
Provided that, the District Committee constituted for a district may have under its jurisdiction and
work as the District Committee for more than one districts.
(2) A District Committee shall consist of the following members, namely:—
8 The Maharashtra Devdasi System [2006 : Mah. XXXIII
(Abolition) Act, 2005
1[(a) the Chief Judicial Magistrate or Additional
Collector or Chief Executive Officer of the Zilla Parishad or
the Superintendent of Police, of the District, or any of the
Districts, for which a common District Committee is
constituted, to be appointed by the Government ...
…Chairman;]
(b) three persons to assist the Chairman, who shall be the
persons of ability, integrity and standing and have adequate
knowledge and experience of dealing with the problems
relating to exploitation of women, to be nominated by the
State Government, of whom at least one shall be a woman,
nominated in consultation with th e St ate Women’s
Commission ....
Members;
(c) the District Women and Child Development
Officer....
Ex-officio Member-
Secretary.
(3) The term of office of the members of every District Committee shall be of five years from its
constitution.
(4) No act or proceeding of the District Committee shall be invalid by reason only of a vacancy
therein, or any defect in the nomination of any member, if such act or proceeding is otherwise in
accordance with the provisions of this Act.
(5) Appointments made, from time to time, as members under clause ( b) of sub-section (2) shall
be published in the Official Gazette.
(6) The District Committee shall meet at such time and place, as the Chairman of such Committee
may think fit and shall, observe such procedu re in regard to the transaction of its business as may be
prescribed.
(7) The members nominated under clause ( b) of sub -section ( 2) shall receive such fees and
allowances as may be prescribed.
(8) The provisions of section 7 regarding the disqualification and removal of the non -official
members nominated by the State Government shall, mutatis mutandis , apply to the members of a
District Committee, nominated under clause (b) of sub-section (2).
9. Powers, functions and duties of District Committee. — The powers, functions and duties of
the District Committee shall be as follows, namely:—
(1) For the purposes of this Act, the Committee shall have,—
(a) all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), in
respect of the following matters, namely :—
(i) summoning and enforcing the attendance of any person and examining him on oath;
(ii) requiring the discovery and production of any document;
(iii) receiving evidence on affidavits ;
(iv) requisitioning any public record or copy thereof from any Court or office ;
(v) issuing Commissions for the examination of witnesses or documents ; and
(vi) such other matters as may be prescribed.
(b) the power to carry out or empower search of any premises where a woman is or is
believed to have been confined, for being dedicated as or on having been dedicated as a Devdasi
or where the commission or preparation for the commission of an offence under this Act is or is
1 Clause (a) was substituted by Mah. 22 of 2013, s.3.
2006 : Mah. XXXIII] The Maharashtra Devdasi System 9
(Abolition) Act, 2005
believed to be going on, and the provisions of the Code of Criminal Procedure, 1973 (2 of 1974),
relating to searches and seizures shall apply, as far as may be, to the searches and seizures under
this sub-section.
(2) To pass appropriate orders in any matter in respect of any Devdasi being considered by it,
regarding the custody and rehabilitation of such Devdasis by fixing the responsibility in respect of
rehabilitation by any person or institution responsible for the commission of the offence, of dedication
under this Act, independent of the action if any, of prosecution of such offenders initiated or to be
initiated under section 11 of the Act.
(3) To award in deserving cases, a maintenance allowance, in accordance with Government
scheme to avoid destitution and to rehabilitate such Devdasis.
(4) To undertake various measures for eradication of the practice of Devdasis, and protection and
rehabilitation of the Devdasis in accordance with the Government s chemes or schemes of local self -
Government or any other Government agencies, as may be prescribed.
(5) To recommend appointment of an administrator for any charitable trust where the Managing
Committee of such trust has been found to be guilty, by the Committee of the offence of dedication
under this Act, notwithstanding anything contained in any other law for the time being in force and
also for suspension of any member of the trust individually or for the entire Trustee Committee found
to be guilty of the commission of any offence under this Act, as the case may be.
(6) To pass any order which it deems fit for the fulfillment of the object of this Act.
(7) To perform such other functions and duties as may be prescribed.
10. Devdasi Prevention Officer. — (1) The State Government may, by notification in the
Official Gazette, appoint for the whole State or such part or parts thereof as may be specified in th at
notification, an officer or officers to be known as Devdasi Prevention Officer.
(2) It shall be the duty of the Devdasi Prevention Officer—
(i) to detect and prevent the contravention of, the provisions of this Act by any person in the
area of his jur isdiction, by taking such action under this Act as he deems fit; and to report such
cases to the concerned District Committee ;
(ii) to collect evidence for the effective prosecutions of persons contravening the provisions
of this Act; and to report the same to the concerned District Committee; and
(iii) to discharge such other functions as may be assigned to him by the State Government,
the Control Board and the District Committee; and to work in co -ordination with the Control
Board and concerned District Committee.
(3) The State Government may, by notification in the Official Gazette , invest the Devdasi
Prevention Officer with such powers of a Police Officer as may be specified in the notification and the
Devdasi Prevention Officer shall exercise his powers subject to such limitations and conditions as may
be specified in the notification.
(4) Each Devdasi Prevention Officer shall associate with the non - official members of the
concerned District Committee and work in co-ordination with them.
11. Offences and penalties.— (1) Any person who, after the commencement of this Act,—
(a) performs, permits takes part in or abets, or who, allows in the premises under his control,
the performance of any ceremony or act of dedication of a woman as a Devdasi shall, on
conviction, be punishable with imprisonment which may extend to three years but which shall not
be less than two years and with a fine, which may extend to fifty thousand rupees but which shall
not be less than ten thousand rupees :
Provided that, when the offence under clause ( a) is committed by the parents or relatives of
the woman such as brother, sister, uncle or aunt, the offender or offenders shall, on conviction be
punishable with imprisonment which may extend to five years but which shall not be less than
10 The Maharashtra Devdasi System [2006 : Mah. XXXIII
(Abolition) Act, 2005
two years and with a fine which may extend to fifty thousand rupees but which shall not be less
than ten thousand rupees; and
(b) propagates the practice of Devdasi shall, on conviction, be punishable with
imprisonment which may extend to three years but which shall not be less than one year and with
a fine which may extend to fifty thousand rupees but which shall not be less than ten thousand
rupees.
(2) Any other contravention or violation of the provisions of this Act or rules made thereu nder or
orders, if any, issued by the Control Board or District Committee under the provisions of this Act shall,
constitute an offence under this Act and the person guilty of such contravention or violation shall be
liable to be prosecuted, and on convict ion, punishable with imprisonment which may extend to six
months and fine which may extend, to ten thousand rupees.
12. Cognizance of offence. — (1) All offences under sub -section ( 1) of section 11, except
offences under sub-section (2) of the said section shall be cognizable and non bailable.
(2) No Court inferior to that of the Metropolitan Magistrate or a Judicial Magistrate, First Class,
shall try any offence under this Act.
13. Limitation not to apply for taking co gnizance.— Nothing in Chapter XXXVI of the Code
of Criminal Procedure, 1973 (2 of 1974) shall apply to any offence under this Act.
14. Procedure to be followed in trial.— Every Court trying the offence under this Act shall, as
far as possible dispose of the case on priority and shall adopt the summary procedure.
15. Copy of information by police to be forwarded to District Committee. — (1) It shall be
the duty of the Police Officer incharge of a Police Station who has received any information regarding
the Commission of an offence under the provisions of this Act to forward a copy of that information
forthwith to the concerned District Committee.
(2) The District Committee, on receiving such information, in co -ordination with the Devdasi
Prevention Officer, take all n ecessary follow up actions in such matter to ensure that the culprits are
brought to book and they are prosecuted and punished for the commission of the offence under this
Act.
16. Copy of Judgement to be forwarded to District Committee.— (1) Every Court, wherein a
case filed has resulted in conviction of the accused under this Act, shall, by order direct that a copy of
the judg ement or as the case may be, the final order thereof, shall forthwith be forwarded to the
concerned District Committee.
(2) It shall be the duty of the conce rned District Committee, in co -ordination with the Devdasi
Prevention Officer to take necessary follow up actions to ensure due compliance with the Court orders
by all concerned.
(3) The District Committee shall, every th ree months review all cases within its area of
jurisdiction for ensuring due implementation of the Court orders by all concerned and shall submit a
compliance report to the Control Board and to Government in the Women and Child Development
Department.
17. Publication of fact of conviction, etc. — (1) Where any person is convicted of any offence
punishable under this Act, it shall be competent for the Court convicting the person to cause the name
and place of residence of such person to be published by the police in the local newspaper where such
Devdasi dedication had taken place together with the fact that the offender had been convicted and
punished for such offence with such other particulars as the Court may consider to be appropriate in the
circumstances of the case. A copy of such publication may be sent by the police to the Commissioner,
Women and Child Development, Maharashtra State, Pune.
(2) No publication under sub -section (1) shall be made until an appeal (if any) filed against such
order has been finally disposed of.
2006 : Mah. XXXIII] The Maharashtra Devdasi System 11
(Abolition) Act, 2005
18. Public servants.— Every member of the Control Board and of the District Committee, and
the Devdasi Prevention Officer shall be deemed to be a public servant within the meaning of section 21
of the Indian Penal Code (45 of 1860).
19. Protection of action taken in good faith. — No suit, prosecution or other legal proceedings
shall lie against the Government, any officer or the authority of the Government or any person for
anything which is done, or intended to be done in good faith under this Act or rules made thereunder.
20. Power to make rules. — (1) The State Government may by notification in the Official
Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of
this Act.
(2) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each
House of the State Legislature, while it is in session for a total period of thirty days whic h may be
comprised in one session or in two or more successive sessions, and if, before the expiry of the session
in which it is so laid or the session immediately following, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made, and notify such decision
in the Official Gazette , the rule shall, from the date of such notification, have effect only in such
modified form or be of no effect as the case may be; so, however that, any such modification or
annulment shall be without prejudice to the validity of anything previously done or omitted to be done
under that rule.
21. Removal of difficulty.— (1) If any difficulty arises in giving effect to the provisions of this
Act, the State Government may, by or der published in the Official Gazette , do anything not
inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the
purposes of removing the difficulty :
Provided that, no such order shall be made under this sub -section after the expiry of a period of
two years from the date of commencement of this Act.
(2) Every order made under sub -section ( 1) shall be laid, as soon as may be after it is made,
before each House of the State Legislature.
22. Repeal and saving.— (1) The Bombay Devdasis Protection Act, 1934 (Bom. X of 1934) is
hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under or in pursuance of the
said Act before such repeal, shall continue to have effect and section 7 of the Bombay General Clauses
Act, 1904 (Bom. 1 of 1904), shall apply with respect to the repeal of the said Act.