Preamble

[Translation in English of the Sivagiri Mutt (Emergency Provisions) Act, 1997, published under the authority of the Governor].

ACT 17 OF 1997 THE SIVAGIRI MUTT (EMERGENCY PROVISIONS) ACT, 1997*

AN ACT

to provide for the taking over, in the public interest of the Management of the "Sree Narayana Dharma Sangom Trust" having Head quarters at Sivagiri Mutt, Varkala, for a limited period and for matters connected therewith or incidental thereto.

Preamble.—WHEREAS the Sree Narayana Dharma Sanghom Trust having its Headquarters at Varkala has been founded by the great reformer and Saint Sree Narayana Guru, as an institution for the propagation of a unique philosophy upholding marvel values and inspiring social reforms and a social order where there is One Caste, One Religion and One God;

AND WHEREAS the said Trust has, in the course of time, been endowed with assets and properties situate in several parts of the State of Kerala and outside the State;

AND WHEREAS the said Trust, besides its main activities at Varkala, is running several institutions including hospitals and educational institutions in different parts of the State of Kerala and outside the State under a deed of Trust dated 28-5-1103 ME and later under a scheme settled by the High Court of Kerala in A.S. No 14 of 1956 (K);

AND WHEREAS the said Trust has been an institution commanding universal regard and attention as a sacred place of pilgrimage drawing and inspiring followers and devotees from all over India;

AND WHEREAS there were complaints of serious misuse, non-accounting and

misappropriation of funds of the Trust;

AND WHEREAS , of late, serious disputes have arisen between those concerned with the administration of the said Trust and of its properties inter se, the beneficiaries, followers and the devotees forming themselves into fighting groups and taking sides leading to a situation where there is an atmosphere of violence, unrest and

Received the assent of the Governor on the 28th day of December,1997 and published in the Kerala Extraordinary Gazette No. 338 dated 19th February, 1998.

tension in Sivagiri Mutt and all other institutions governed by the Trust, seriously affecting their administration;

AND WHEREAS proceedings under section 145 of the Code of Criminal Procedure, 1973, in regard to the possession of the Trust including Sivagiri Mutt at Varkala are in force and the Trust and its properties have passed into the possession of the Receiver appointed by the District Magistrate, Thiruvananthapuram;

AND WHEREAS the rival factions of the Sanyasins are asserting possession and control in the administration of the Trust properties even after the taking over of the possession and management of the properties of the Trust by the Receiver appointed by the District Magistrate, Thiruvananthapuram and thereby casusing breach of peace in the respective institutions;

AND WHEREAS in view of the situation which has so arisen with regard to the management of the Trust along with all institutions owned, possessed or run by the Trust, it is necessary to take over, in the public interest, for a limited period, the management thereof and, any delay in taking over the management of the Trust would be highly detrimental to the interest and objectives of the Trust;

BE it enacted in the Forty-eighth Year of the Republic of India as follows:-