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Legal Framework of Devasthan Regulations The administration and management of Hindu temples in Goa are governed primarily by the Regulamento das Mazanias (Devasthan Regulation) enacted by the Portuguese Legislature in 1933, which continues to be in force post-liberation under the Goa, Daman, and Diu Administration Act, 1962. Article 437 of the Devasthan Regulation (1933) explicitly repealed earlier regulations, including the Devasthan Regulation of 1886, establishing the current legal basis for temple administration ["Ramnath Vasudev Shanbhag VS Administrator Of Devalaya - Bombay (2022)"], ["PRAKASH @ PRASHANT PURSHOTTAM GAUNS DESSAI vs ADMINISTRATOR OF DEVALAYA/ MAMLATDAR OF QUEPEM AND 4 ORS - Bombay"].
Jurisdiction and Procedural Aspects The Goa Devasthan Regulations specify procedures for managing temple affairs, including the functioning of the Managing Committee and the Mazania (body of members). For instance, Article 44(1) mandates that a hearing must be given to the Managing Committee in certain proceedings, emphasizing procedural fairness ["THE BODY OF MEMBERS (MAZANIA) SHREE RUDRESHWAR DEVASTHAN, HARVALE THR. ITS DULY ELEC.ATT.AND 4 ORS vs THE STATE OF GOA, THR. THE SECRETARY, REVENUE AND 16 ORS - Bombay"]. The regulations also impose restrictions on the alienation of temple property and require adherence to prescribed procedures for any administrative actions ["THE BODY OF MEMBERS (MAZANIA) SHREE RUDRESHWAR DEVASTHAN, HARVALE THR. ITS DULY ELEC.ATT.AND 4 ORS vs THE STATE OF GOA, THR. THE SECRETARY, REVENUE AND 16 ORS - Bombay"].
Role of the Devasthan Committee and Mazania The Devasthan Management involves a body called Mazania, which is responsible for decision-making. Proceedings before Mazania on issues such as property management and access rights are governed by specific articles (e.g., Article 250), and disputes are to be handled following the regulation’s provisions ["THE BODY OF MEMBERS (MAZANIA) SHREE RUDRESHWAR DEVASTHAN, HARVALE THR. ITS DULY ELEC.ATT.AND 4 ORS vs THE STATE OF GOA, THR. THE SECRETARY, REVENUE AND 16 ORS - Bombay"], ["THE BODY OF MEMBERS (MAZANIA) SHREE RUDRESHWAR DEVASTHAN, HARVALE THR. ITS DULY ELEC.ATT.AND 4 ORS vs THE STATE OF GOA, THR. THE SECRETARY, REVENUE AND 16 ORS - Bombay"]. The Devasthan Regulations emphasize the importance of proper conduct, including maintaining accounts and following legal procedures, to prevent misappropriation ["PRAKASH @ PRASHANT PURSHOTTAM GAUNS DESSAI vs ADMINISTRATOR OF DEVALAYA/MAMLATDAR OF QUEPEM & 4 ORS. - Bombay"].
Legal Challenges and Jurisdictional Issues The Petitioner-Devasthan challenged orders from the Goa Human Rights Commission (GHRC) on the grounds that GHRC lacked jurisdiction under the Protection of Human Rights Act, 1993, and the Goa Human Rights Commission (Procedure) Regulations, 2011 ["Bhagwati Ravalnath Devasthan Committee VS Goa Human Rights Commission - Bombay"], ["PRAKASH @ PRASHANT PURSHOTTAM GAUNS DESSAI vs ADMINISTRATOR OF DEVALAYA/ MAMLATDAR OF QUEPEM AND 4 ORS - Bombay"]. Courts have upheld that the Devasthan Regulations are the governing law for temple management and disputes, and that administrative or property disputes should be addressed under these regulations or relevant laws like the Goa Panchayat Raj Act, not through human rights commissions ["Bhagwati Ravalnath Devasthan Committee VS Goa Human Rights Commission - Bombay"].
Relevance of Portuguese Law and Post-Liberation Continuity The Devasthan Regulation of 1933, enacted under Portuguese rule, remains valid and continues to govern temple administration in Goa, with its provisions being considered applicable even after liberation, unless explicitly repealed ["Ramnath Vasudev Shanbhag VS Administrator Of Devalaya - Bombay (2022)"], ["PRAKASH @ PRASHANT PURSHOTTAM GAUNS DESSAI vs ADMINISTRATOR OF DEVALAYA/ MAMLATDAR OF QUEPEM AND 4 ORS - Bombay"].
The Goa Devasthan Regulations form the cornerstone of temple governance, emphasizing procedural integrity, property management, and the authority of Mazania and Managing Committees. These regulations have been upheld by courts as the appropriate legal framework for resolving disputes related to temple administration, property, and management issues.Legal challenges, such as those against GHRC orders, have been dismissed on the basis that such disputes fall within the jurisdiction of the Devasthan Regulations, not human rights bodies. The Regulations' historical continuity from Portuguese times underscores their importance in current governance.In summary, the Devasthan Regulations of 1933 continue to serve as the primary legal authority for temple administration in Goa, with courts affirming their validity and applicability to disputes concerning temple property and management.
References:
Hindu temples, or Devasthans, in Goa have a unique legal heritage shaped by centuries of Portuguese colonial rule. If you've ever wondered about the Goa Devasthan Regulation and how it governs temple administration, you're not alone. These regulations establish frameworks for membership bodies like Mazanias or Mahajans, bye-laws, and managing committees. This post breaks down the essentials, from historical evolution to modern applications, helping devotees, trustees, and legal enthusiasts understand this niche area of Goan law.
The governance of Hindu temples in Goa traces back to Portuguese-era laws designed to regulate religious institutions while maintaining colonial oversight. The 1886 Regulation, known as Portaria No. 584 or Regulamento das Mazanias, was a pivotal step. It addressed gaps in earlier laws by granting juridical personality to Mazanias (temple member bodies) and requiring catalogues of Mahajans (members). Ramnath Vasudev Shanbhag VS Administrator Of Devalaya - Bombay (2022)
However, this was superseded by the more comprehensive 1933 Devasthan Regulation (Legislative Diploma No. 645). Article 437 explicitly repealed the 1886 rules and any contrary provisions, whether general or special. Article 437 of the Devasthan Regulation 1933, among other things, repeals the Devasthan Regulation issued vide Government order No.584 dated 30.10.1886. RAMNATH VASUDEV SHANBHAG AND 15 ORS vs ADMINISTRATOR OF DEVALAYA MAMLETDAR OF SANGUEM AND 2 ORS - 2022 Supreme(Online)(Bom) 3445 Accordingly the previous Devasthan Regulation under Government Order No. 584 dated October 30, 1886, was repealed and the Devasthan Regulation by Act of Legislature No. 645 dated March 30, 1933, was introduced. RAMNATH VASUDEV SHANBHAG AND 15 ORS vs ADMINISTRATOR OF DEVALAYA MAMLETDAR OF SANGUEM AND 2 ORS - 2022 Supreme(Online)(Bom) 3445
Amendments followed in 1949 (No. 1311) and 1951 (No. 1388), standardizing temple management across Goa. Courts have affirmed that bye-laws under the 1886 regime, such as Government Order No. 108 for Shree Bhagwati Chimulkarrin Devasthan, were automatically repealed if conflicting. Vinayak Kamat Tarcar VS State of Goa through the Chief Secretary and others - 1999 0 Supreme(Bom) 709Ramnath Vasudev Shanbhag VS Administrator Of Devalaya - Bombay (2022)
Post-1961 liberation, these Portuguese laws persist for Devasthans, though Indian public trust laws may apply supplementally in certain contexts. Ramnath Vasudev Shanbhag VS Administrator Of Devalaya - Bombay (2022)
The 1933 Regulation forms the bedrock, emphasizing structured administration:
Non-Goan Mahajans typically retain voting rights unless bye-laws explicitly disqualify them, a practice upheld over decades. Ramnath Vasudev Shanbhag VS Administrator Of Devalaya - Bombay (2022)
Goan courts, particularly the Bombay High Court at Goa, have clarified ambiguities:
Recent cases reinforce this. For example, references in High Court appeals note elections under the Regulation, such as on the second Sunday of February. PANDHARINATH LAXMAN MAPARI AND ANR vs THE STATE OF GOA, THR. THE SECRETARY AND 82 ORS Other rulings affirm the Regulation's primacy alongside procedural norms. SHRI ULHAS RAYU NAIK DESSAI vs DEVALAYA OF SHREE SHANTADURGA KUNKOLIKARIN OF FATORPA, THROUGH ATTORNEY AND ANRSOCIEDADE DE FOMENTO INDUSTRIAL PVT. LTD., MARGAO-GOA vs M/S. HEDE AND COMPANY THROUGH ITS PARTNERS(DECEASED)
Regulation along with the provisions of said Regulation. These judgments underscore that deviations, like unapproved committees, may be irregularities but not always fatal to proceedings. SHRI VISHWASRAO BABUSAHEB RANE AND 4 ORS vs DEVALAYA OF SHRI SANTERI QUELBAI AND GADOUSO OF ODAULI THROUGH ITS ATTORNEY AND ANR
While the 1933 framework dominates:- Some pre-1933 bye-laws persist if non-conflicting, e.g., Shree Damodar's 1900 rules on voting. Ramnath Vasudev Shanbhag VS Administrator Of Devalaya - Bombay (2022)- No inherent election rights without statutory backing—elections are statutory creations. Vinayak Kamat Tarcar VS State of Goa through the Chief Secretary and others - 1999 0 Supreme(Bom) 709- Post-liberation, overlaps with Indian laws (e.g., public trusts) exist but aren't directly addressed here.
Other Goan regulations, like land use laws, occasionally intersect with temple properties but don't alter core Devasthan governance. For instance, the Goa Land Use (Regulation) Act, 1991, restricts certain lands, yet temple admin remains distinct. Goa Housing Board VS Rameshchandra Govind Pawaskar - 2011 Supreme(SC) 982
To ensure compliance:- Verify bye-laws against Article 17 and seek government approval for revisions.- Elect managing committees solely via Mahajans; contest Dazans claims using Articles 44/45.- Enroll members per Regulation; include non-Goans unless barred.- Litigate repeals under Article 437 if needed.
Temples like those in Ponda or Panaji continue applying these, as seen in cases involving Savoi Verem. VIJAYKUMAR SAWAIKAR vs SHREE ANANT DEVASTHAN, THR. ITS ATTORNEY AND 2 ORS
Disclaimer: This overview provides general information based on historical and judicial sources. Laws evolve, and specific advice requires consulting a qualified Goan lawyer. Temple matters often hinge on unique facts.
For deeper dives into cases or updates, reference primary documents or recent High Court rulings.
#GoaDevasthan, #TempleGovernanceGoa, #HinduTemples
The Petitioner-Devasthan, under the Devasthan Regulations, challenges the order/report/recommendations dated 4th June 2014 made by the Goa Human Rights Commission (GHRC), primarily on the ground that the GHRC lacked the jurisdiction to entertain the complaints made by Respondents No.5 and 6 about denial ... He presents that the GHRC had no jurisdiction even to entertain such a dispute, considering the provisions of Section 12 of the Protection of Human Rights Act, 1993 and Regulation 9 of the Goa Human ....
Devasthan Regulation. ... , and the Devasthan Regulation. ... Regulation]. ... Devasthan Regulation. ... Regulation on the second Sunday of February, 2019 i.e.
Regulation. ... Regulation. ... Regulation is justified or not. ... Administrative Tribunal of Goa, :1: IN THE HIGH COURT OF BOMBAY AT GOA
Regulation along with the provisions of said Regulation. ... Regulation, the one granted by the 1 IN THE HIGH COURT OF BOMBAY AT GOA ... Regulation could be, at the most, an illegality which could be curable, but the plaint could not be rejected on that count.
Regulation along with the provisions of said Regulation. ... Regulation, the one granted by the 1 IN THE HIGH COURT OF BOMBAY AT GOA ... Regulation could be, at the most, an illegality which could be curable, but the plaint could not be rejected on that count.
Regulation along with the provisions of said Regulation. ... Regulation, the one granted by the 1 IN THE HIGH COURT OF BOMBAY AT GOA ... Regulation could be, at the most, an illegality which could be curable, but the plaint could not be rejected on that count.
Article 437 of the Devasthan Regulation 1933, among other things, repeals the Devasthan Regulation issued vide Government order No.584 dated 30.10.1886. ... The law concerning the administration of temples in Goa is the "Regulamento das Mazanias" (Devasthan Regulation), enacted by the Portuguese Legislature in 1933. This law continues in force even after liberation, given the provisions of the Goa, Daman, and Diu Administration Act 1962. ... Accordin....
Article 437 of the Devasthan Regulation 1933, among other things, repeals the Devasthan Regulation issued vide Government order No.584 dated 30.10.1886. ... Accordingly the previous Devasthan Regulation under Government Order No. 584 dated October 30, 1886, was repealed and the Devasthan Regulation by Act of Legislature No. 645 dated March 30, 1933, was introduced. ... Article 437 of the Devasthan Regulation, in f....
Wagle, learned counsel for respondent nos.1 and 2, points out that under Article 250 of the Devasthan Regulation, the 12.4.2018 before the body of members (mazania) of respondent Taleigao, Panaji Goa. ... , Savoi Verem, Ponda, Goa. ... , Savoi Verem, Ponda, Goa.
Wagle, learned counsel for respondent nos.1 and 2, points out that under Article 250 of the Devasthan Regulation, the 12.4.2018 before the body of members (mazania) of respondent Taleigao, Panaji Goa. ... , Savoi Verem, Ponda, Goa. ... , Savoi Verem, Ponda, Goa.
A brief reference to the statutory framework governing the planned development in the State would be fruitful. The Goa Legislature has enacted Goa (Regulation of Land Development and Building Construction) Act, 2008. The Act of 2008 provides for regulation and control of building, construction and land development for the State of Goa. The Goa Land Development and Building Construction Regulations, 2010 have been framed.
While this did was to include in the Schedule several statutes. The Goa, Daman and Diu (Laws) Regulation, 1962 followed.
Notwithstanding anything contained in the Goa, Daman and Diu Town and Country Planning Act, 1974 (Act 21 of 1975), or in any plan or scheme made thereunder, or in the Goa Land Revenue Code, 1968 (Act 9 of 1969), no land which is vested in a tenant under the provisions of the Goa, Daman and Diu Agricultural Tenancy Act, 1964 (Act 7 of 1964) shall be used or allowed to be used for any purpose other than agricultural agriculture. Sections 2 and 3 of Goa Land use (Regulation) Act, 1991 read as under: “2.
Act, 2008 and the Rules thereunder show the definition of 'right of way' in Section 2(113) as the 'road or the right of way' to mean the right of way of the road or street inclusive of the carriageway, shoulder, drain, footpaths etc. 8. The Goa (Regulation of Land Development and Building Construction) The petitioner has shown another plan annexed to the site inspection report at Annexure 'C'.
(3) It shall be deemed to have come into force with effect from the 2nd day of November, 1990. - (1) This Act may be called the Goa Land Use (Regulation) Act, 1991.
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