Chapter V GENERAL CONDITIONS

The committee may, after making adequate provision for the purposes referred to in

sub-section (2) of section 21, incur expenditure out of the funds of the Devaswom for all or any of the following purposes, namely:—

1. (a) Maintenance (including repairs and reconstruction), management and administration of the Temple, its properties and the temples subordinate to it;
2. (b) training of archakas to perform the religious worship and ceremonies in the Temple and the temples subordinate to it;
3. (c) medical aid, water supply and other sanitary arrangements for the worshippers and the pilgrims and construction of buildings for their accommodation;
4. (d) promote and propagate the tenets and philosophy associated with the Temple;
5. (e) to give any grant or contribution to any poor home or other institutions established and maintained for the benefit of the persons mainly belonging to the Hindu Religion;
6. (f) the construction of buildings connected with the affairs of the Devaswom; and
7. (g) the making of any kind of donation to any religious institution: Provided that no expenditure shall be incurred for any of the purposes mentioned in clause (g), unless the same is sanctioned by custom or practice associated with the Temple.

1. (1) The Committee shall be entitled to take and put in possession of all movable and immovable properties including jewellery, records, documents and other assets belonging to the Devaswom.
2. (2) If in obtaining such possession, the Committee or any person authorized in this behalf by the Committee, or the Administrator is resisted or obstructed by anyone, 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 situated to deliver possession thereof to the Committee or the Administrator, as the case may be.
3. (3) Where a requisition is made to the Collector under sub-section (2) the Collector shall hold a summary inquiry into the facts of the case and, if satisfied that the resistance or objection was without any just cause, shall comply with the said requisition, and in exercising the powers under this section, the Collector may use such force as may be necessary.
4. (4) Every person authorized by the Committee or acting under its instructions in pursuance of this section or the Administrator shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860).
5. (5) Nothing contained in this section shall bar the institution of a suit by any person aggrieved by an order made thereunder for establishing his title to the property.

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 authorized by it for anything which is done or intended to be done in good faith under this Act or the rules made thereunder.

All

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

The costs, charges and expenses of, and

incidental to, any suit, appeal or application to a court shall be in the discretion of the court, and may direct the whole or any part of such cost, charges and expenses, to be met with from the property or income of the Devaswom, or to be borne and paid in such manner and by such persons as it thinks fit.

Save as

otherwise expressly provided in this Act, no notification issued, order passed,

decision made, proceedings or action taken or other thing done under the provisions of this Act by the Government or the Commissioner shall be liable to be questioned in any court of law.

1. (1) The Government may call for and examine the records of the Commissioner or of the Committee in respect of any proceeding, not being a proceeding in respect of which a suit or application to the court is provided by this Act, to satisfy themselves that the provisions of this Act have not been violated or the interests of the Devaswom have been safeguarded and if, in any case, it appears to the Government that any decision or order passed in such proceeding has violated the provisions of this Act or is not in the interest of the Devaswom they may modify, annul or set aside such decision or order or remit such decision or order for reconsideration: Provided that the Government shall not pass any order prejudicial to any party unless he has been given a reasonable opportunity for making his representations.
2. (2) The Government may stay the execution of any such decision or order pending the exercise of their powers under sub-section (1) in respect thereof.

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.

1. (1) Nothing in this Act shall be deemed to authorise the Committee or the Commissioner or the Government to interfere with the religious or spiritual matters pertaining to the Devaswom.
2. (2) The decision of the Thantri of the Temple on all religious, spiritual, ritual or ceremonial matters pertaining to the Devaswom shall be final, unless such decision violates any provision contained in any law for the time being in force.

1. (1) The Government may by notification in the Gazette, make rules to carry out the purposes of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for,—
   • (a) the publication of the Administration Report under section 13;
   • (b) the custody of the records and properties of the Devaswom;
   • (c) the payment of contributions towards the leave allowances, pension and provident fund of the Administrator;
   • (d) any other matter which is required to be, or may be prescribed under this Act.
3. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days, which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter 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 under that rule.

1. (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. (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 Administrator and the other officers and employees of the Devaswom;
   • (b) enforcement of the observance of the rites and ceremonies and other usages in the Temple and the temples subordinate to it;
   • (c) any other matter for which regulations are required to be made for the purposes of this Act.

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 the Act or the rules made thereunder, which appears to them necessary for the purpose of removing the difficulty:

Provided that no such order shall be issued after the expiry of two years from the date of commencement of this Act.

1. (1) The Koodalmanickam Devaswom Proclamation (Cochin) issued on the 30th day of November 1917, and the Scheme of Administration published thereunder, the Koodalmanickam Devaswom Proclamation (Travancore) issued on the 12th day of June, 1919, the Koodalmanickam Devaswom Act, 1918 (Madras Act 1 of 1919) and the Koodalmanickam Devaswom Act, 1971 (7 of 1971), are hereby repealed.
2. (2) Notwithstanding the repeal of the Koodalmanickam Devaswom Act, 1971 (7 of 1971),—
   • (a) the pathivuor annual scale of expenditure specified in Schedule I of the said Act shall continue to apply to Devaswom till the pathivuor scale of expenditure is fixed under section 20; and
   • (b) all orders passed or purported to have been passed, decisions made or purported to have been made, proceedings or actions taken or purported to have been taken and things done or purported to have been done by the Koodalmanickam Devaswom Managing Committee or the Administrator or the Commissioner under the said Act shall, in so far as they are not inconsistent with the provisions of this Act, be deemed to have been passed, made taken or done by the appropriate authority under this Act, as if this Act were in force on the date on which such orders, decisions, proceedings actions and things were passed, made taken or done or purported to have been passed, made, taken or done.