The west bengal hindu social disabilities removal act, 1948

Ben. Act 
I of 1899. 
West Bengal Act XXXVII of 1948. 
THE WEST BENGAL HINDU SOCIAL DISABILITIES 
REMOVAL ACT, 1948. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, of the 11th November, 1948.] 
An Act to provide for the removal of certain social disabilities 
suffered by some sections of Hindus. 
WHEREAS it is expedient to foster a spirit of unity and harmony amongst all classes of people and, to that end, to 
provide for the removal of certain social disabilities suffered by some sections of Hindus; 
It is hereby enacted as follows :- 
1. (1) This Act may be called the West Bengal Hindu Short title, Social Disabilities Removal Act, 1948. 	 extent and 
commence- (2) It extends to the whole of West Bengal. 	 ment. (3) It shall come into force at once. 
2. In this Act, unless there is anything repugnant in the Definitions, subject or context,— 
(a) "Hindu" includes a Buddhist, Sikh, Jain, Santal, 
Adibasi, a follower of Arya or Brahma Samaj or 
a convert to Hinduism or any other person habi-tually professing himself to be a Hindu; (b) "Local authority" means a local authority as defined in clause (23) of section 3 of the Bengal General Clauses Act, 1899, other than a cantonment 
authority or the Commissioners for the Port of Calcutta; 
(c) "place of public amusement" means any place, 
enclosure, building, tent, booth or other erection, 
whether permanent or temporary, where music, 
singing, dancing or any diversion or game, or the 
means of carrying on the same, is provided and to 
which the public are admitted either on payment 
of money or with the intention that money may be 
collected from those admitted and includes a fair, mela, race-course, circus, cinema, theatre, music hall, billiard-room, bagatelle-room, gymnasium or 
fencing school, and a stadium, stand or gallery from where any game or show is watched; (d) "place of public entertainment" means any place, 
whether enclosed or open, to which the public are 
admitted, and where any kind of food or drink is 
supplied for consumption on the premises for the 
profit or gain of any person owning or having an 
interest in or managing such place, and includes a 
refreshment room, eating house, coffee house, tea shop, boarding house, lodging house and hotel; 
Price—Indian, annas 4; English, 6d. 
2 The West Bengal Hindu Social Disabilities Removal 
Act, 1948. 
[West Ben. Act 
(Section 3.) 
(e) "shop" means any premises where goods are sold 
either by retail or wholesale or both and includes 
a laundry, a hair cutting saloon or such other place 
where services are rendered to customers; 
(f) "temple" means a place, by whatever name known, 
which is dedicated to, or for the benefit of, or used 
as of right by, the Hindu community in general as 
a place of public religious worship, and includes 
subsidiary shrines and mantapams attached to such 
place; and 
(g) "worship" means such religious service as the bulk 
of worshippers at a temple may offer. 
Equality 
of rights 
of all 
castes and 
class of 
Hindus. 
3. Notwithstanding anything contained in any instru-
ment or any law, custom or usage to the contrary, np Hindu 
shall merely on the ground that he belongs to a particular 
caste or class— 
(a) be ineligible for office under any authority constituted 
under any law, or 
(b) be prevented from— 
(i) having access to or offering worship at any temple; 
OT 
(ii) baying access to or using any river, stream, spring, 
well, tank, cistern, water-tap or other watering 
place, or any bathing place, burial or cremation 
ground, any sanitary convenience, any road or 
pathway which the members of other castes or 
classes of Hindus generally have a right to use 
or have access to; or 
(iii) having access to or using .  any public conveyance 
licensed by the Provincial Government or any 
local authority to ply for hire; or 
(iv) having access to or using any building or place used 
for charitable or public purposes maintained 
wholly or partially out of the revenues of the 
Province or the funds of a local authority; or 
(v) having access to a place of public amusement or a 
place of public entertainment; or 
(vi) having access to a shop to which the members of 
other castes and classes of Hindus generally are 
ordinarily admitted; or 
(vii) having.  access to or using any place n et apart or 
maintained for the use of Hindus generally; or 
(viii) enjoying any benefit under a charitable trustcreated 
for the benefit of Hindus generally; or  
(c) be denied any service whatsoever whether in con-
nection with civic, social or religious practices or 
rites, by a Hindu who habituallynders such 0 
service in the course of his professi 
The West Bengal Hindu Social Disabilities Removal 3 
Act, 1948. 
XXXVII of 1948.] 
(Sections 4-8.) 
4. No person in charge of any of the places referred to in 
sub-clauses (i), (ii), (iv), (v), (vi) and (vii) or any conveyance 
referred to in sub-clause (iii) of clause (b) of section 3 shall 
impose any restriction on any Hindu or act in a manner as 
to result in discrimination against him merely on the ground 
that he belongs to a particular caste or class. 
5. Except in matters governed by Hindu Law, no Court 
shall in adjudicating any matter or executing any order 
recognise any custom or usage (other than a custom or usage 
having the force of law) imposing any social disability 
on any Hindu merely on the ground that he belongs to a 
particular caste or class. 
6. No local authority shall in carrying out the functions 
and duties entrusted to it under any law recognise any custom 
or usage imposing any social disability on any Hindu merely 
on the ground that he belongs to a particular caste or class. 
7. No Hindu shall be denied admission to any school, 
college or other educational institution meant for the public 
merely on the ground that he belongs to a particular caste or 
class. 
Discrimi-
nation in 
grounds of 
caste or 
class pro-
hibited. 
Courts not 
to recog-
nise any 
custom or 
usage 
imposing 
disability 
on a 
Hindu on 
ground of 
caste or 
class. 
Local 
authorities 
not to 
recognise 
any 
custom or 
usage 
imposing 
disability 
on ground 
of caste or 
clasE. 
No Hindu 
to be 
denied 
admission 
to any 
educa-
tional 
institu-
tion on 
ground of 
caste or 
class. 
8. (1) Whoever— 	 Penalties. 
(a) prevents any Hindu by reason of his belonging to a 
particular caste or class from having access to or 
using any of the places referred to in sub-clauses 
(i), (ii), (iv), (v), (vi) and (vii) or any conveyance 
referred to in sub-clause (iii) of clause (b) of 
section 3 or from enjoying any benefit under a 
charitable trust referred to in sub-clause (viii) of 
clause (b) of the said section or denies to any 
Hindu any service' referred to in clause (c) of 
that section or abets such prevention or such 
denial; or 
(b) contravenes the provisions of section 4 or section 7 or 
abets the contravention thereof, 
4 The West Bengal Hindu Social Disabilities Removal Act, 
1948. 
[West Ben. Acf XXXVII of 1948.] 
(Sections 9, 10.) 
shall, on conviction, be punished with imprisonment for a 
term which may extend to three months or with fine which 
may extend to -rupees two hundred or with both and if he is 
the owner or occupier of any place of public amusement or of 
any place of ,public entertainment, or of any shop in regard 
to which the offence is committed, shall, in addition, be liable 
to have his license or permit, if any, in respect of such place 
of public amusement or such place of public entertainment or 
such shop cancelled. 
(2) An offence under sub-section (1) shall be deemed to be 
an' offence included under Part A of Schedule IV to the 
Bengal Village Self-Government Act, 1919, and shall be tried 
in accordance with the provisions of that Act. 
9. Notwithstanding anything contained in the Code of 
Criminal Procedure, 1898, a police officer may investigate 
an offence -punishable under this Act without the order of a 
Magistrate. 
10. The Provincial Government may male rules for the 
purpose of carrying out the provisions of this Act. 
Offences 
under the 
Act to 
be investi-
gated by 
a police 
officer 
without 
the order 
of a Magis-
trate. 
Power to 
make 
rules. 
Ben. Aot V 
of 1919. 
Act V of 
1898.. 
WBGP-4819-7786A-2500 

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