Chapter II COMMITTEE

1. (1) The administration, control and management of the Devaswom shall be vested in a Committee constituted in the manner hereinafter provided.
2. (2) Committee shall be known by the name the "Koodalmanickam Devaswom Managing Committee" and shall be a body corporate having perpetual succession and a common seal and shall by the said name sue and be sued, through the Administrator.

1. (1) The Committee shall consist of the following members, namely:—
   • (a) a person nominated by the Government from among Thantri's of the Temple, ex-officio;
   • (b) a representative from among the employees of the Devaswom nominated by the Hindus in the Council of Ministers;
   • (c) not more than five persons, nominated by the Hindus in the Council of Ministers from among persons having interest in the Temple, of whom one shall be a member of Scheduled Caste or Scheduled Tribe;
2. (2) A person shall be disqualified for being nominated under clause (c) of sub-section (1), if,—
   • (i) he believes in untouchability, or does not profess the Hindu Religion or believe in temple worship; or
   • (ii) he is an employee under the Government or Devaswom; or
   • (iii) he is below thirty years of age; or
   • (iv) he is engaged in any subsisting contract with the Devaswom; or
   • (v) he is subjected to any of the disqualification mentioned in clauses (a), (b) and (c) of sub-section (3) of section 5.
3. (3) The members of the Committee shall, at its first meeting elect one of its members as its Chairman.
4. (4) Every member of the Committee shall, before he enters his office, make an oath in writing with signature before the Commissioner in the following form, namely:— "I,…………do swear in the name of God that I profess the Hindu Religion and believe in Temple worship and I do not believe in the practice of untouchability."

1. (1) A member nominated under clause (b) or clause (c) 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 renomination.
2. (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. (3) The Government may, by order, remove a member from office referred to in sub-section (1), if,—
   • (a) he is of unsound mind and stands so declared by a court of competent jurisdiction; or
   • (b) he has applied for being adjudged as an insolvent, or is an undischarged insolvent; or
   • (c) he has been convicted for any offence involving moral turpitude; or
   • (d) they are satisfied that he has been guilty of corruption or misconduct in the administration of the Devaswom; or
   • (e) he has absented himself from more than three consecutive meetings of the Committee and is unable to explain such absence to the satisfaction of the Committee; or
   • (f) he, being a legal practitioner, has acted or appeared on behalf of any person against the interest of the Devaswom in any legal proceeding after he has been nominated as a member of the Committee; or
   • (g) he cease to profess the Hindu Religion or to believe in temple worship; or
   • (h) he has committed any act in support of the practice of untouchability or has committed or abetted the Commission of any act in connection with the said act.
4. (4) A member shall not be removed under sub-section (3), unless he has been given a reasonable opportunity of showing cause against his removal.
5. (5) A member who is removed under sub-section (3) may, within one month from the date of the receipt of the order of removal, institute a suit in the court to set aside the order.
6. (6) The term of office of a member nominated to fill a casual vacancy shall be the remaining period of the member in whose place he has been nominated.

1. (1) If the Government, are of the opinion that the Committee is not competent to perform or makes default in performing the duties imposed on it or abuses or exceeds its powers, under this Act the Government may, after such inquiry as may be necessary, by notification in the Gazette, supersede the Committee.
2. (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 shall consider the explanations and objections, if any.
3. (3) Any member of the Committee may, within a period of one month from the date of publication of the notification under sub-section (1), institute a suit in the Court to set aside the notification.
4. (4) Where the Committee is superseded under this section, the Commissioner shall exercise the powers and perform the functions of the Committee until the expiry of such period of supersession: Provided that, the maximum official period of a Member nominated under clause (b) or clause (c) of sub-section (1) of section 4, for the period of supersession of a Committee, shall not have the effect of extending the period of three years.

1. (1) The Committee shall establish its office at such place or places at Irrinjalakuda as the Committee may determine, for the transaction of its business.
2. (2) Every meeting of the Committee shall be presided over by the Chairman and in his absence by a person elected for the purpose by the members present from among themselves.
3. (3) No business shall be transacted in any meeting of the Committee unless at least three members thereof are present.
4. (4) Questions arising at the meeting of the Committee, shall be decided by a majority of votes of the members present there at, and the Chairman or the person presiding shall have a casting vote and he shall exercise that in the case of equality of votes.

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

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

No member of the

committee shall receive or be paid any salary or other remuneration except any traveling or daily allowance, as may be prescribed.

Subject to the provisions of this Act and the

rules made thereunder, it shall be the duty of the Committee,—

1. (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 pathivuor scale of expenditure fixed for the Temple and the subordinate temples under section 20 or, till the pathivu or scale of expenditure is fixed under that section in accordance with the pathivuor scale of expenditure specified in Schedule 1 of the Koodalmanickam Devaswom Act, 1971 (7 of 1971);
2. (b) to provide facilities to the worshippers for the proper performance of worship;
3. (c) to ensure the safe custody of the funds, valuable securities and jewellery and the preservation and management of the properties vested in the Temple;
4. (d) to ensure maintenance of order and discipline and proper hygienic conditions in the temple and the subordinate temples attached thereto and to maintain the proper standard of cleanliness and purity in the offerings performed within the temple;
5. (e) to ensure that the funds of the endowments of the Temple are spent according to the known wishes of the donors;
6. (f) to make provisions for the payment of suitable emoluments to the salaried staff of the Devaswom;
7. (g) to do all such things as may be incidental and conducive to the efficient management of the affairs of the Devaswom and for the facilities of the worshippers.

1. (1) No movable property of nonperishable nature which is in the possession of the Committee and the value of which is more than five thousand rupees and no jewellery shall be sold, pledged or otherwise alienated unless it is sanctioned by the Commissioner as being necessary or beneficial to the Devaswom.
2. (2) Any exchange, sale, mortgage or lease of any immovable property belonging to, given or endowed for the purposes of, the Devaswom shall be null and void unless it is sanctioned by the Commissioner as being necessary or beneficial to the Devaswom.
3. (3) Before according sanction under sub-section (1) or sub-section (2), the commissioner shall publish the particulars relating to the proposed transaction in such manner as may be prescribed inviting objections and suggestions with respect thereto and shall duly consider all objections and suggestions received from the Committee or other persons having interest in the Temple.
4. (4) The Commissioner, on according sanction under sub-section (1) or sub- section (2), may impose such conditions and give such directions as he may deem necessary regarding the utilization of the amount raised by the transaction, the investment thereof, and, in the case of a mortgage, regarding the discharge of the same within a reasonable period.
5. (5) A copy of the order made by the Commissioner under this section shall be communicated to the Government and to the Committee and shall be published in such manner as may be prescribed.
6. (6) The Committee may, within three months from the date of receipt of the copy of order, and any person having interest in the temple, may, within three months from the date of publication of the order, institute a suit in the Court to modify the order or to set aside it.
7. (7) Notwithstanding anything contained in sub-section (1), no antiquity belonging to the Devaswom shall be sold, pledged or otherwise alienated. Explanation.—For the purpose of this sub-section "antiquity" shall have the same meaning as in the Antiquities and Art Treasures Act, 1972 (Central Act 52 of 1972).

1. (1) The committee shall have no power to borrow money from, or to lend money to, any person unless it is sanctioned by the Commissioner as being necessary or beneficial to the Devaswom.
2. (2) The Commissioner shall not refuse sanction under sub-section (1), unless the Committee has been given an opportunity for making representation against such refusal.
3. (3) Where sanction is refused under sub-section (1), the committee may, within three months from the date of receipt of the decision of the Commissioner, institute a suit in the court to set aside that decision.

1. (1) The Committee shall annually submit to the Commissioner a report on the administration of the affairs of the Devaswom at such time as may be prescribed, and such report shall be forthwith published by the Committee in the prescribed manner.
2. (2) The Commissioner shall submit a copy of the report prepared and published under sub-section (1), to the Government and the Government may lay the report before the Legislative Assembly as soon as possible.