section 3A
Power of district magistrate or executive magistrate to issue injunction prohibiting dedication.
The Karnataka Devadasis (Prohibition of Dedication) Act, 1982General198213 sections
Statutory text
- (1) Notwithstanding anything to the contrary contained in this Act, if on an application of the Devadasi Prohibition Officer or on receipt of information through a complaint or otherwise from any person, a District Magistrate or an Executive Magistrate is satisfied that a dedication in contravention of this Act, has been arranged or is about to be solemnised, such Magistrate shall issue a prohibitory injunction against any person including a member of an organisation or an association of persons prohibiting or restraining from such dedication.
- (2) An application or a complaint under sub-section (1), may be made by any person having personal knowledge or reason to believe and a non-governmental organisation having reasonable information, relating to the likelihood of taking place of such dedication.
- (3) The District Magistrate or the Executive Magistrate may also take suo motu cognisance on the basis of any reliable report or information or complaint as the case may be.
- (4) For the purpose of preventing en-mass dedication as Devadasis on certain days such as full moon day during Jathras, the concerned District Magistrate shall be deemed to be the Devadasi Dedication Prohibition Officer with all powers as are conferred on a Devadasi Dedication Prohibition Officer by or under this Act.
- (5) The District Magistrate shall also have additional powers to stop or prevent dedication and for this purpose, he may take all appropriate measures including use of the minimum force required.
- (6) No prohibitory injunction under sub-section (1) shall be issued against any person or member of any organisation or association of persons unless the magistrate concerned has previously given notice to such person, members of the organisation or association of persons, as the case may be, and has offered him or them an opportunity to show cause against the issue of the injunction: Provided that in the case of any urgency, the magistrate concerned shall have the power to issue an interim injunction without giving any notice under this sub-section.
- (7) An injunction issued under sub-section (1) may be confirmed or vacated after giving notice and hearing the party against whom the injunction was issued.
- (8) The District Magistrate or the Executive Magistrate may either on its own motion or on the application of any person aggrieved, rescind or alter an injunction issued under sub-section (1).
- (9) Where an application received under sub-section (1), the District Magistrate or the Executive Magistrate shall afford the applicant an opportunity of appearing before it either in person or by an advocate. After hearing the applicant, the District Magistrate or the Executive Magistrate rejects the application wholly or in part, he shall record in writing its reasons for so doing.
- (10) Whoever knowing that an injunction has been issued under sub-section
- (1) against him disobeys such injunction shall be punishable with imprisonment of either description for a term which may extend to three years but which shall not be less than two years or with a fine which shall not be less than rupees two thousand but which may extend to rupees ten thousand or with both.
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