THE GURUVAYOOR DEVASWOM ACT, 1971

Act 6 of 1971

9th day of March, 1971

An Act to make provision for the proper administration of the Guruvayoor Devaswom Preamble.—WHEREAS the Sree Krishna Temple at Guruvayoor is a very ancient Temple of unique importance which owns extensive properties and endowments and in which millions of devotees from all over India are reposing their faith and belief, AND WHEREAS under the scheme framed by the High Court of Madras in Appeals Nos 211 and 212 of 1930, for the administration of the said Temple, as modified by the District Court, South Malabar, in OS No 1 of 1933, the administration, control and management of the Temple and its properties and endowments have been vested in the hereditary trustees, namely, the Zamorin Raja of Calicut and the Karanavan for the time being of the Mullisseri Illam at Guruvayoor; AND WHEREAS the administration and management of the Devaswom by the said trustees have deteriorated and a situation

Read full Act

S.Chapter I PRELIMINARY

S.1 Short title and commencement

(1) This Act may be called the Guruvayoor Devaswom Act, 1971

(2) It shall be deemed to have come into force on the 9th day of March, 1971

S.2 Definitions

In this Act, unless the context otherwise requires,—

(a) "Administrator" means the Administrator appointed under section 14,
(b) "Commissioner" means the Commissioner appointed under the Madras Hindu Religious and Charitable Endowments Act, 1951 (Madras XIX of 1951),
(c) "Committee" means the Guruvayoor Devaswom Managing Committee constituted under section 3,
(d) "Devaswom" means the Temple and includes its properties and endowments and the subordinate temples attached to it,
(e) "prescribed" means prescribed by rules made under this Act,
(f) "Temple" means the Sree Krishna Temple at Guruvayoor,
(g) "Temple Fund" means the Sree Guruvayoor Temple Fund constituted under section 24

S.Chapter II THE COMMITTEE

S.3 Incorporation

(1) The administration, control and management of the Devaswom shall be vested in a Committee constituted in the manner hereinafter provided

(2) The Committee shall, by the name of the "Guruvayoor Devaswom Managing Committee", be a body corporate and shall have perpetual succession and a common seal and shall be by the said name sue and be sued through the Administrator

S.4 Composition of Committee

(1) The Committee shall consist of the following members, namely —

(a) the Zamorin Raja, who shall be the Chairman,
(b) the Karanavan for the time being of the Mullisseri Illam at Guruvayoor, who shall be the Vice-Chairman,
(c) the Administrator, ex officio;
(d) the Chairman of the Guruvayoor Township Committee, provided he is a person professing the Hindu religion, ex officio;
(e) the Thanthri of the Temple, ex officio;
(f) a representative of the employees of the Devaswom, nominated by the Government;
(g) not more than eleven persons nominated by the Government of whom one shall be a Harijan

(2) A person shall be disqualified for being nominated under clause (g) of sub-section (1) if—

(i) he does not profess the Hindu religion, or
(ii) he is an employee under the Government or the Devaswom, or
(iii) he is below thirty years of age or more than seventy years of age, or

S.5 Term of office of non-official members, resignation and removal of such members and casual vacancies in their office

(1) A member nominated under clause (f) or clause (g) of sub-section (1) of section 4 shall hold office for a period of three years from the date of his nomination and shall be eligible for re-nomination

(2) A member referred to in sub-section (1) may resign his office by giving notice in writing thereof to the Government and shall cease to be a member on his resignation being accepted by the Government

(3) The Government may, by order, remove from office a member referred to in sub-section (1) if—

(a) he is of unsound mind and stands so declared by a competent court, or
(b) he has applied for being adjudged an insolvent, or is an undischarged insolvent, or
(c) he has been convicted of any offence involving moral turpitude, or
(d) he has been guilty of corruption or misconduct in the administration of the Devaswom, or
(e) his presence in the Committee is, in the opinion of the Government, prejudicial to the interests of

S.6 Dissolution and supersession of Committee

(1) If, in the opinion of the Government, the Committee is not competent to perform or makes default in performing the duties imposed on it under this Act or exceeds or abuses its powers, the Government may, after such inquiry as may be necessary, by notification in the Gazette, supersede the Committee for such period, not exceeding six months, as the Government may deem fit

(2) Before issuing a notification under sub-section (1), the Government shall communicate to the Committee the grounds on which they propose to do so, fix a reasonable time for the Committee to show cause against the proposal and consider its explanations and objections, if any

(3) Where a Committee is superseded under this section, the Government shall appoint a person in service of the Government and professing the Hindu religion to exercise the powers and perform the functions of the Committee until the expiry of the period of supersession.

Provided that the period during which the Commi

S.7 Meetings of the Committee

(1) The Committee shall maintain its office at such place or places at Guruvayoor as the Committee may determine, for the transaction of its business.

(2) Every meeting of the Committee shall be presided over by the Chairman and in his absence by the Vice-Chairman and in the absence of both the Chairman and the Vice-Chairman, by a person elected for the purpose by the members present from among themselves

(3) No business shall be transacted at any meeting of the Committee unless at least five members thereof are present

(4) Questions arising at a meeting of the Committee shall be decided by a majority of the votes of the members present thereat, and the Chairman or the person presiding shall have and exercise his casting vote in the case of equality of votes.

S.8 Acts or proceedings of Committee not to be invalidated

No act or proceeding of the Committee shall be invalidated merely by reason of—

(a) any vacancy in, or any defect in the constitution of, the Committee;
(b) any defect in the election or nomination of a person acting as the Chairman or a member of the Committee, or
(c) any irregularity in the procedure of the Committee not affecting the merits of the case.

S.9 Remuneration of Chairman and members

No member of the Committee other than the Administrator shall receive or be paid from out of the Temple Fund any salary or other remuneration except such travelling or daily allowances, if any, as may be prescribed.

S.10 Duties of Committee

Subject to the provisions of this Act and the rules made thereunder, it shall be the duty of the Committeemdash;

(a) subject to the custom and usage in the Temple, to arrange for the proper performance of the rites and ceremonies in the Temple and the subordinate temples attached thereto in accordance with the dittam or scale of expenditure fixed for the Temple and the subordinate temples under section 51 of the Madras Hindu Religious and Charitable Endowments Act 1951 (Madras Act XIX of 1951);
(b) to provide facilities for the proper performance of worship by the worshippers;
(c) to ensure the safe custody of the funds, valuable securities and jewelleries and the preservation and management of the properties vested in the Temple.
(d) to ensure maintenance of order and discipline and proper hygienic conditions in the Temple and the subordinate temples attached thereto and of proper standard of cleanliness and purity in the offerings made ther

S.11 Alienation of Devaswom properties

(1) No movable property of a non-perishable nature which is in the possession of the Committee and the value of which is more than five thousand rupees and no jewelleries shall be sold, pledged or otherwise alienated without the previous approval of the Government

(2) No immovable property taken possession of by the Committee shall be mortgaged, sold, or otherwise alienated except with the previous sanction of the Government.

S.12 Limitation of borrowing and lending powers

The Committee shall have no power to borrow money from or to lend money to any person except with the previous sanction of the Government

S.13 Administration report

(1) The Committee shall annually submit to the Government through the Commissioner a report on the administration of the affairs of the Devaswom at such time as the Government may prescribe, and such report shall be forthwith published by the Committee in the prescribed manner

(2) The report prepared and published under sub-section (1) shall, as soon as possible, be laid before the Legislative Assembly.

S.Chapter III ADMINISTRATION AND ESTABLISHMENT

S.14 Appointment of Administrator

The Government shall appoint an officer not below the rank of Deputy Collector or Deputy Commissioner appointed under the Madras Hindu Religious and Charitable Endowments Act, 1951 (Madras Act XIX of 1951) and professing the Hindu religion to be the Administrator for the Devaswom.

S.15 Conditions of service of Administrator

(1) The Administrator shall be a full-time officer of the Devaswom and shall not undertake any work unconnected with his office without the permission of the Committee

(2) The Administrator shall be paid out of the Temple Fund such salary and allowances as the Government may fix in this behalf.

(3) There shall be levied a contribution from the Temple Fund towards the leave allowances, pension and provident fund of the Administrator to the extent required by the rules for the time being in force.

(4) Subject to the provisions of sub-sections (1) and (2), the conditions of service of the Administrator shall be such as may be prescribed

S.16 Additional charge of office of Administrator

(1) Notwithstanding the provisions of sections 14 and 15, it shall be competent for the Government to appoint an officer of the Government not below the rank of Deputy Collector or Deputy Commissioner appointed under the Madras Hindu Religious and Charitable Endowments Act, 1951 (Madras Act XIX of 1951), to be in additional charge of the office of the Administrator, pending appointment of the Administrator under section 14 or when the office is temporarily vacant!

Provided that the period of such additional charge shall not exceed one month

(2) An officer appointed to be in additional charge of the office of the Administrator under sub-section (1) shall be paid out of the Temple Fund such allowances as the Government may fix in this behalf

S.17 Powers and duties of Administrator

(1) The Administrator shall be the Secretary to the Committee and its chief executive officer and shall, subject to the control of the Committee, have powers to carry out its decisions in accordance with the provisions of this Act and the Madras Hindu Religious and Charitable Endowments Act, 1951 (Madras Act XIX of 1951), so far as they are applicable.

(2) Notwithstanding anything contained in sub-section (1) or in section 3, the Administrator shall be responsible for the custody of all records and properties of the Devaswom.

(3) The Administrator shall arrange for the proper collection of offerings made in the Temple

(4) The Administrator shall have powermdash;

(a) to grant licences for the use of the lands of the Temple for a period not exceeding one year at a time or to lease out for a period not exceeding one year at a time the buildings of the Temple which are ordinarily let,
(b) to call for tenders for works or supplies and to accept

S.18 Extraordinary powers of Administrator

(1) The Administrator may in cases of emergency direct the execution of any work or the doing of any act which is not provided for in the budget for the year and the immediate execution or the doing of which is in his opinion necessary for the preservation of the properties of the Temple and its endowments or for the service or safety of worshippers resorting to the Temple or for the due performance of the rites and ceremonies therein in accordance with the custom and usage in the Temple, and may direct that the expenses of executing such work or doing such act shall be paid from the Temple Fund

(2) Any action taken by the Administrator under sub-section (1) shall forthwith be reported to the Committee together with the reasons therefore

S.19 Establishment schedule

(1) The Administrator may, as soon as may be after commencement of this Act, prepare and submit to the Committee a schedule setting forth

S.20 Appointment of officers and employees.

(1) Appointments of all officers and employees of the Temple shall be made by a Board consisting of—

(a) the Commissioner, who shall be the Chairman,
(b) the Administrator,
(c) an officer professing the Hindu religion authorised by the District Collector, Trichur, in this behalf, and
(d) two persons elected by the Committee from among its members.

(2) In the exercise of its power under sub-section (1), the Board shall follow such procedure as may be prescribed.

S.Chapter IV BUDGET, ACCOUNTS AND AUDIT

S.21 Budget.

(1) The Administrator shall every year prepare in such manner and in such form as may be prescribed a budget estimate of the receipts and expenditure of the Devaswom for the following year and place it before the Committee which may approve it without modification or with such modifications as it may deem fit

(2) The budget, after the approval of the Committee under sub-section (1), shall be submitted to the Government through the Commissioner before such date as may be fixed by the Government in that behalf.

(3) The Commissioner shall submit the budget to the Government with his recommendations before such date as may be fixed by the Government in that behalf.

(4) Before sanctioning a budget, the Government shall satisfy themselves that adequate provision has been made in the budget for the maintenance of the prescribed working balance and for meeting the liabilities of the Devaswom

(5) If the budget does not provide for the matters mentioned in sub-sec

S.22 Revised or supplementary budget.

If in the course of any year the Committee considers it necessary to modify the figures shown in the budget with regard to its receipts or expenditure, it may submit a supplementary or revised budget to the Government through the Commissioner

Provided that no alteration shall be made in the working balance without the consent of the Government

S.23 Audit.

The Commissioner shall forward to the Government—

(a) a copy of every audit report relating to the accounts of the Devaswom sent to him by the auditor under section 72 of the Madras Hindu Religious and Charitable Endowments Act, 1951 (Madras Act XIX of 1951), and,
(b) a copy of his order under sub-section (3) of section 74 of the said Act with the reasons for the same

S.Chapter V GENERAL

S.24 Temple Fund.

(1) There shall be constituted a fund to be called "Sree Guruvayyaar Temple Fund" which shall be vested in and be administered by the Committee

(2) The fund shall consist of—

(a) the income derived from the movable and immovable properties of the Devaswom,
(b) any contributions by the Government either by way of grant or by way of loan,
(c) all fines and penalties imposed under this Act;
(d) all recoveries under this Act, and
(e) any other gifts or contributions made by the public, local authorities or institutions, other than the contributions referred to in sub-section (4) of section 32

(3) The fund may be utilised for any of the purposes prescribed under this Act and for all or any of the following purposes, namely —

(a) maintenance (including repairs and reconstruction), management and administration of the Temple, its properties and the temples subordinate thereto;
(b) train

S.25 Revision by Government.

(1) The Government may call for and examine the records of the Administrator or of the Committee or of the Commissioner to satisfy themselves as to the regularity of such proceedings or of the correctness, legality or propriety of any decision or order made therein, and if in any case it appears to the Government that any such decision or order should be modified, annulled, revised or remitted for reconsideration, they may pass orders accordingly.

(2) The Government may stay the execution of any decision or order referred to in sub-section (1) pending the exercise of their power under that sub-section in respect thereof

S.26 Rules.

(1) The Government may, by notification in the Gazette, make rules to carry out the purposes of this Act

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for —

(a) the manner of exercise of control by the Committee over the actions of the Administrator;
(b) the grant of travelling or daily allowances to the members of the Committee,
(c) the performance of duties by the Committee under section 10 and the mode and extent of expenditure under section 24,
(d) the conditions of service of the Administrator;
(e) the publication of the administration report under section 13,
(f) the custody of records and properties of the Devaswom,
(g) the payment of contributions towards the leave allowances, pension and provident fund of the Administrator;
(h) the preparation of the budget estimates for the Devaswom;
(i) the preparation and sanction

S.27 Regulations.

(1) The Committee may, subject to the approval of the Government, make regulations not inconsistent with the provisions of this Act and the rules made thereunder to provide for the manner in which the duties imposed on it under this Act and its functions thereunder shall be discharged

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for —

(a) the conditions of service of the officers and employees of the Devaswom,

S.28 Committee to be in possession of the Devaswom properties.

(1) The Committee shall be entitled to take and be in possession of all movable and immovable properties including jewelleries, records, documents and other assets belonging to the Devaswom

(2) Notwithstanding anything contained in sub-section (1), pending constitution of the Committee, the Administrator shall be entitled to take and be in possession of all the properties referred to in that sub-section.

(3) If in obtaining such possession, the Committee or any person authorised in this behalf by the Committee or the Administrator is resisted or obstructed by any one, the Committee or the Administrator as the case may be, may make a requisition in the prescribed form to the Collector of the district in which any such property is situate to deliver possession thereof to the Committee or the Administrator, as the case may be

(4) Where a requisition is made to the Collector under sub-section (3), the Collector shall hold a summary inquiry into the facts of the cas

S.29 Protection of action taken in good faith.

No suit, prosecution or other legal proceeding shall lie against the Government or the Commissioner or the Committee or any member thereof or the Administrator or any other person acting under the instructions of the Committee or authorised by it, for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.

S.30 Public officers to furnish copies of or extracts from certain documents.

All public officers having custody of any record, register, report or other document relating to the Devaswom shall furnish such copies of or extracts from the same as may be required by the Administrator

S.31 Acts of Administrator not to be invalidated.

No act or proceeding of the Administrator shall be invalidated by reason only of a defect or irregularity in his appointment or on the ground that he was not entitled to hold or continue in office by reason of any disqualification

S.32 Constitution of Renovation Executive Committee.

(1) Notwithstanding anything contained in this Act or in the Madras Hindu Religious and Charitable Endowments Act, 1951 (Madras Act XIX of 1951), the Government may, if they consider it necessary in the interests of the affairs of the Temple and of the worshipping public, to renovate and improve the Temple, by notification in the Gazette, approve and recognise any Committee constituted or to be constituted for the purpose (in this section referred to as the "Renovation Executive Committee")

(2) The Renovation Executive Committee shall exercise such powers and discharge such functions in connection with the renovation and improvement of the Temple and shall follow such procedure, as may be specified by the Government by notification in the Gazette

(3) The Renovation Executive Committee shall constitute a fund to be called the "Sree Guruvayoor Renovation Fund" which shall be administered by the Renovation Executive Committee subject to such directions as the Government

S.33 Savings.

Nothing in this Act shall, save as otherwise expressly provided in this Act or the rules made thereunder, affect any honour, emolument or perquisite to which any person is entitled by custom or otherwise from or in the Devaswom, or its established usage in regard to any other matter.

S.34 Removal of difficulties.

If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require, by order, do anything not inconsistent with this Act or the rules made thereunder, which appears to them necessary for the purpose of removing the difficulty

S.35 Application of Madras Act XIX of 1951.

(1) The provisions of the Madras Hindu Religious and Charitable Endowments Act, 1951 (Madras Act XIX of 1951), shall, except in respect of matters for which provisions have been made in this Act, apply to the Devaswom

(2) Subject to the provisions of this Act, any reference in any provision of the Madras Hindu Religious and Charitable Endowments Act, 1951 (Madras Act XIX of 1951), to the trustee or trustees or the Board of Trustees shall, in the application of that provision to the Devaswom, be construed as a reference to the Committee

S.36 Scheme framed for the Temple not to apply.

The scheme framed for the Temple by the High Court of Madras in Appeals Nos. 211 and 212 of 1930, as modified by the District Court, South Malabar, in OS No. 1 of 1933, shall cease to apply to the Temple

S.37 Repeal and saving.

(1) The Guruvayoor Devaswom Ordinance, 1971 (12 of 1971), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.