The Koodamanickam Devaswom Act, 2005

) • -' 29 THE KOODALMANICKAM DEVASWOM ACf, 2005 .. (ACT 2 OF 2007) CONTENTS Preamble Sectwns CIIAf'TfR I PRELIMINARY 1 Short t1tle and Commencement 2 Defimttons CHAPTER II COMM11TEE 3 Incorporation 4 Composltton of the Committee 5. Term of Office of Non-offictal members, rcstgnatton and removal of such members and casual vacanctcs ansmg m the1r places 6 Supersess1on of Committee 7 Meetmgs of the Conumttee 8 Acts or proceedmgs of the Committee not to be mvabdated 9. RemuneratiOn of the Chaannan and Members 10 Dut1es of Committee 11 Ahenat10n of Devaswom Properttes 12. Lumtatlon of power for borrowmg and lending 13 AdmmtstratiOn Report III CHAP'ITR ADMINISTRATION AND ESTABLISHMENT 14 Appomtment of Admmtstrator 15. Cond1t10ns of Servtce of Admmtstrator 16 Holdmg Addlttonal charge of the Office of the Admtmstrator 30 17 Powers and Dulles of Admmtstrator 18 Establishment Schedule 19. Appomtment of Officers and Emptoyees 20 Ftxmg of Standard scales of Expendtture CHAPTER IV BUDGET ACCOUNfS AND AUDIT 21. Budget 22. Revtsed or Supplementary Budget 23. Accounts and Audtt 24. Authonty to whom audtt report 1s to be submttted 25. Contents of Audtt report 26 Rectlficatson of defects dtsclosed 10 audtt and order of surcharge agamst commtttce, etc_. v CHAPTER GENERAL CONDillONS 27 Authonty of Committee to mcur expenditure for certam purposes 28 Commtttee to be m possesston of Dcvaswom Properties 29 Protection of Act10n taken m good fatth 30. Pubhc offices to furntsh coptes, or extracts or certam documents 31 Cost of proceedmgs etc 32 Nottficat10ns, Orders etc , not to be questioned m court of law 33. Power of Government to call for records and pass orders 4 34 Savmgs 35. Thantn to be final authonty m rehg10us matters 36. Power to make Rules 37 Power to make regulatiOns 38 Removal of difficulties 39 Repeal and Savmg 31 [TranslatiOn 1n Enghsh of "2oos-6lru cfh1S~Illo6ll'l1dh~o <:<JO.J<l\Ho ~.e;~r· published under the authonty of the Governor ] ACT 2 OF 2007 * lliE KOODALMANICKAM DEVASWOM ACT, 2005 An Act to provrde for the proper admmzstratwn of the Koodalmamckam Devaswom at Irrzn.Jalakuda Preamble-WHERCAS, the Koodalmamckam Temple at IrrmJalakuda 1s nn anctent temple of umq~e tmportancc havmg cxtcnstve propcrtlcs and endowments; AND WHEREAS, under the ProclamatiOn ISSued by the MaharaJa of Cochm on the 30th day of November, 1917 and the Scheme of Admmtstratton tssucd under that ProclamatiOn, the admmtstration, control and management of the Devaswom had been vested m the ll1achudaya Kat mal; AND the admmtstrattOn and management by the 1 hachudaya WHEREAS, Katmal had detenorated the Devaswom and a Situation had ansen rcndcnng It expedrent to reorgamse, the Scheme of Admmtstrat1on of the affaus of the Devaswom on- the pubhc mterest, AND the Koodalmamckam Devaswom Act, 1971, was enacted to WHEREAS, prov1de better management of the Devaswom supersession of all prev1ous laws 10 and arrangements apphcable thereto, AND Ongmal Petrtton No. 21R2 of 1986 was filed before the Htgh WHEREAS, Court of Kerala praymg to declare the Koodalmanickam Devaswom Act, 1971, and the rules made thereunder as ultravues, v01d and 11legal and to stnke down the satd Act and the rules tn Its enttrety for the reason that the provts10n11 of the sa1d Act are substanttaHy same as that of the Guruvayoor Devaswom Act, 1971 AND the operative porttons of the Guruvnyoor Devaswom WHEREAS, Act, 1971 had been struck down by the Htgh Court of Kerala m its judgment m Ongmal PetttJOn No 314 of 1973 on the ground that those provtsaons arc v10lattve of arttcle 25 and 26 of the ConstitutiOn of lndta, AND ts apprehended that the same sttuatlon whtch had WHeREAS, 1t rendered 1t expedtent to enact the Koodalmamckam Devaswom Act, 1971, fi>r the better adnumstrahon, control and management of the Dcvaswom 1s ltkely to anse 1f the satd Act ts struck down by the Court, as dccaded to enact a law. to prov1de, m the pubhc mtcrest AND WHEREAS, 1t and m the mterest of the worshtppers of the Temple, for the proper admm1strauon of the Devaswom on the hnc of the Guruvayoor Devaswom Act, 1978, tn the hght of the vahdrty of the same was upheld by the H1gh Court of Kerala m 1ts judgement m 0. P No 7592 of 1984, • Rece1ved the assent of Prcs•dent on the I Oth August, 2007 and pubiJ!>hcd m the Kcrala Ga7ettc Extraordsnary No 1556 dated 23rd Augu!lt, 2007 - - I I I ~ 32 I ..........- I BE 1t enacted m the Ftfty-stXth year of the Republic of lndta as follows·- J ( J I I CHAPTER I PRELIMINARY j Short tllle and Commencement- ( 1) This Act may be called the .I Koodalmamckam Devaswom Act, 2005. (2) It shall come mto force at once 2 Defimtwns -In this Act, unless the context otherwise requtres,- (a) "Admtnistrator" means the Admm1strator appomted under 'p:-) sect10n 14, . I (b) "CommiSSIOner" means an officer not below the rank of the Secretary to Government, who professes the Hmdu Rehg10n and beheves m I Temple worship, appomted by the Govenunent, by notification m the Gazette, to be the CommissiOner for the purposes of this Act, (c) "Committee" means the Koodalmamckam Devaswom Managmg Commtttee constituted under section 3, j '\ (d) "Court" means the D1stnct Court havmg JUnsdtctlOn over the area m whtch the Temple IS Situated, ' ,., (e) "Devaswom" means the Temple, and mcludes Its properttes and ~~ endowments and the subordmate temples attached thereto, I ( ~ (f) "Hmdu" means a person who IS a behevcr m God and temple worshtp or any person Hmdu by rehg1on or m any sect, (g) "Person havmg mterest m the Temple" means a person who ts entitled to perform worshtp or to do servtce m the temple or who IS m the hab1t of performance of worsb1p or service m the temple or entitled to partake, or IS m the habtt of partakmg, m the benefit of the dtstnbutlOn of temple favours thereat, I· I (h) "Prescnbed" means prescnbcd by rules made under th1s Act, I I (i) "Temple" means the Koodalmamckam Temple at IrrmJalakuda; ! (J) the expressiOns "Scheduled Caste" and "Scheduled Tnbe" shall have the meanmgs respectively asstgncd to them m the ConstitutiOn of India 33 CIIAPTLR II COMMTITEE 3 Incorporatzon.--( 1) The admtrustratJOn, control and management of the Devaswom shall be vested m a Commtttee constttuted m the manner heremafter provtded (2) Commtttee shall be known by the name the "Koodalmamckam Devaswom Managmg Commtttee11 and shall be a body corporate havmg perpetual success10n and a common seal and shall by the satd name sue and be sued, through the Adnnmstrator 4 Composllwn of the Commzttee --{1) The Commtttcc shall cons1st of the followmg members, namely.- (a) a person nom mated by the Government from among Thantn 's of the Temple, ex-oj]iczo, ~ (b) a representative from among the employees of the Devaswom nommated by the Hmdus m the Counctl of Mtmsters, (c) not more than five persons, nom mated by the H tndus m the Counctl of Mmtsters from among persons havmg mterest m the Temple, of whom one shall be a member of Scheduled Caste or Scheduled Tnbc, (2) A person shall be dtsqualtftcd for bemg nommated under clause (c) of sub-~ectton {I), tf,- (t) he belteves m untouchabtlity, or does not profess the Hindu Rehgzon or beheve m temple worshtp, or (n) he ts an employee under the Government or Devaswom; or (m) he ts below thirty years of age, or (tv) he IS engaged m any subststmg contract w1th the Devaswom; or (v) he is subJected to any of the disqualtftcauon menttoned m clauses (a), (b) and (c) of sub-section (3) of sect10n 5. (3) The members of the Commtttee shalJ, at tts first meetmg elect one of tts members as tts Chamnan . (4) Every memb.er of the Commtttee shalt, before he enters hts office, make an oath m wntmg wtth stgnature before the Comnuslitoner m the followmg fonn, namely·- r "1, ... .. . . .... do swear m the name of God that I profess the Hmdu Reltg10n and believe tn Temple worshtp and I do not bclteve 1n the practtce of untouchability" 34 5. Term of office of Non-ofjictal members, reszgnatwn and removal of such members and casual vacanczes ansmg zn theu places -( 1) A member nommated under clause (b) or clause (c) ot sub-sectwn ( 1) of sectiOn 4 shall hold office for a pcnod of three years from the date of his nommat10n and shall be ehgtble for renommat10n (2) A member referred to m sub-sectiOn ( 1) may restgn his office by g1vmg notice ·m wntmg thereof to the Government and shall cease to be a member on h1s res1gnat1on bemg accepted by the Government. (3) The Government may, by order, remove a member from office referred to m sub-sectiOn ( 1) , If,- (a ) he IS of unsound mmd and stands so declared by a court of competent JUnsdict_JOn, or (b) he has apphed for bemg adJudged as an msolvent, or ts an undischarged Insolvent, or (c) he has been convicted for any offence mvolvmg moral turpitude, or (d) they are satisfied that he has been gu1lty of corruptton or mtsconduct m the adm1mstrat10n of the devaswom, or (c) he has absented h1mself from more than three consecutiVe meetmgs of the Committee and 1s unable to explam such absence to the • satisfactiOn of the Committee, or ~ (f) he, bemg a legal practitiOner, has acted or appeared on behalf of any person agamst the mterest of the Devaswom m any legal proceedmg after he has been nommated as a member of the Comnuttee, or (g) he cease to profess the Hmdu Rehgaon or to behevc m temple worslnp; or . (h) he has commuted any act m support of the practice of untouchabahty or has committed or abetted the Commtsswn of any act m connection with the said act (4) A member shall not be removed under sub-sectiOn (3), unless he has been g1ven a reasonable opportumty of showmg cause agamst his removal {5) A member who IS removed under sub-section (3) may, w1thm one month from the date of the receipt of the order of removal, mstttute a sUit m . the court to set as1de the order ..... .. 35 (6) The term of office of a member nommated to fill a casual vacancy shall be the remammg penod of the member m whose place he has bce·n nomm ated. 6 Supersesszon of Commutee -{1 ) If the Government, are of the opm1on that the Committee ts not competent to perform or makes default m performmg the duties trnposed on 1t or abuses or exceeds tts powers, under thts Act the Government may, after such mqmry as may be necessary, by notaficat1on m the Gazette, supersede the Comm1ttce (2) Before tssumg a not1ficataon under sub-sect ton ( 1) , the Government shall commumcate to the Committee the grounds on whtch they propose to do so, fix a reasonable tame for the Commtttee to show cause agamst the proposal and shall consider the explanattons and objections, tf any · (3) Any member of the Commtttee may, Wtthm a penod of one month from the date of pubhcat10n of the nottfication under sub-section (1 ), mstttute a suit m the Court to set astde the nottficat10n (4) Where the Commtttee ts superseded under thts section, the Comm1ss1oner shall cxerctse the powers and perform the functions of the Comrmttee until the exp1ry of such penod of.super~ess10n· Provtded that, the maxtmum officaal pcnod of a member nommated under c]ause (b) or clause (c) of sub-sect10n (1) of sectiOn 4, for the penod of supersesston of a Committee, shaH not have the effect of extendmg the penod of three years . 7 Meetmgs of the Committee -{1) The Conumttee shall cstabho;h tts office at such place or places at ImnJalakuda as the Commrttee may determme, for the transactton of Its busmess (2) Every meetmg of the Commtttee shall be pres1ded over by the Chatrman and tn hts absence by a person elected for the purpose by the members present from among themselves. · 0 (3) No busmess shall be transacted m any meetmg of the Commtttce unless at least three members thereof arc present • (4) Quest10ns ansmg at the mcetmg of the Commtttee shall be dectdcd by a maJonty of votes of the members present there at, and the Chairman er the person pres1dmg shall have a castmg vote and he shall exercise that m the case of equahty of votes \ 36 8. Acts or proceedzngs of the Commzttee not to be znvalzdated -No Act .or proceedmg of the Committee shall be mvahdated merely by reason of,- 1 (a) any vacancy m or any defect m the constttutton of the Conumttee, (b) any defect m the electwn or nommatton of a person actmg as the Chamnan or a membe.r of the Cmrumttee; or (c) any 1rregulanty m the procedure of the Committee not affectmg the ments of the case. 9 Remuneratzon of the Chazrman and Members -No member of the Commtttee shall receive or be patd any salary or other remuneratwn except any travelhng or daaly allowance, as may be prescnbed 10. Dutzes of Commlltee.-SubJect to the provas1ons of thts Act and the rules made thereunder, tt shall be the duty of the Commtttee,- (a) subJeCt to the custom and usage m the Temple, to arrange for the proper performan~e of the ntes and ceremomes m the Temple and the subordmate temples attached thereto m accordance wtth the patlrzvu or scale of expendtture fixed for the Temple and the subordmate temples under sechon 20 or, tall the path1vu or scale of expendtture ts fixed under that sectiOn m accordance wtth the pathzvu or scale of expenditure spectfted m Schedule I of Jhc Koodalmamckam Devaswom Act, 1971 (7 of 1971 ); <_b) to provtde factlttles to the worshtppers for the proper performance of worslup, (c) to en~ure the safe custody of the funds, valuable sccuntles and Jewellery and the preservation and management of the properties vested m the Temple, (d) to ensure mamtenance of order and d1sctpllne and proper hygaemc condattons tn the temple and the subordmate temples attached thereto and to mamtam the proper' standard of cleanlmess and punty m the offermgs performed wtthm the temple, (e) to ensure that the funds of the endowments of the Temple are spent accordmg to the known w1shes of the donors, / _ (f) to make prov1stons for the payment of su1table emoluments to the salaned staff of the Dcvaswom, (g) to do all such thmgs as may be mc1dental and cq_nductve to the effic1ent management of the afTatrs of the Devaswom and for the facahttes of the worshippers. 37 11. Ailenatwn of Devaswom propert1e~ -(1) No movable property of non penshable nature whtch 1s m the possession of the CommJttee and the value of , whtch 1s more than ftve thousand rupees and no Jewellery sha11 be ~old, '. pledged or othcrw1se alienated unless tt 1s sanctioned by the CommtsSJOner as bemg necessary or beneficial to the Devaswom (2) Any exchange, sale, mortgage or lease of any Immovable property belongmg to, gtven or endowed for the purposes of, the Devaswom shall be null • and vo1d unless 1t 1s sanctioned by the Commissioner as bcmg necessary or beneficial to the Devaswom. (3) Before accordmg sanctton under sub-scctton ( l) or sub-sect10n (2). the Comm1sS10ner shall pubhsh the parttculars relatmg to the proposed transactten m such manner as may be prescnbed mvlt.mg objections and --: suggesttons w1th respect thereto and shall duly constdcr all obJcetlOns and suggest10ns recetved-from the Committee or other persons havmg mtcrcst m the Temple (4) The CommiSSioner, on accordmg sanct10n under sub-scct10n (I) or sub-sect10n. (2), may tmpose such conditiOns and gtve such d•rccttons as he may deem necessary regardmg the utlhzatlon of the amount ratscd by the transachon, the mvestment thereof, and, tn the case of a mortgage, regardmg the discharge of the same wtthm a reasonable penod (5) A copy of the order made by the Commissioner under th1s scct10n shall be commumcated to the Government and to the Commtttce and shall be published m such manner as may be prescnbcd (6) The Committee may, wtthm three months from the date of rece1pt of the copy of order, and any person havmg mtcrest m the temple, may, w1thm three months from the date of pubhcat10n of the order, institute a su1t the 111 Court to mod1fy the order or to set as1de 1t (7) Notwlthstandmg anythmg con tamed m sub-sectton ( l ), no antiQUity belongmg to the Devaswom shall be sold, pledged or otherwtse alienated Explanatzon -For the purpose of this sub-sectiOn "anttqUJty" shall have the same meanmg as m the AntiqUities and Art Treasures Act, 1972 (Central Act 52 of 1972) 12. Llmltatwn of power for borrowmg and /endzng - (1) The Committee - ..- shall have no power to borrow money from, or to lend money to, any person unless It 1s sanctiOned by the Commtsswner as bemg necessary or beneficial to the Devaswom 38 (2) The Commtsswner shall not refuse sanctwn under sub-sectwn (I) unless the Commtttee has been gtven an opportumty for makmg representation agamst such refusal r (3) Where sanction ts refused under sub-section ( 1) , the Commtttee may, wrthtn three months from the date of recerpt of the deczsron of the Commtsstoner, mstttute a sutt m the court to set astde that dcctston 13 Admzmstratzon report --{1) The Comnuttee shall annually submtt to the Commtsstoner a report on the admtmstratton of the affatrs of the Devaswom at such ttme as may be prescnbed, and such report shall be forthwtth pubhshed by the Conumttee m the prescnbed manner. (2) The Commtsstoner shaq submn a copy of the report prepared and published under sub-sectwn ( 1) , to the Government and the Government may lay ~ the report before the Legtslattve Assembly as soon as posstble. CHAPTER Ill ADMINISTRATION AND ESTABLISHMENT 14 Appozntment of Admmzstrator.-( 1) The Commtttee shall appomt an offtcer of Government not below the rank of Under Secretary or Deputy Collector to be the Admtmstrator for the Devaswom, from among a panel of . names fumtshed by the Government (2) No person shall be appomted under sub-sectiOn (1) unless he professes the Hmdu Rehgton and behcve!> temple worshtp 111 (3) The Admmtstrator appomted under the Koodalmamckam Devaswom Act, 1971 (7 of 1971) and holdmg office at the commencement of thts Act, shall, untll the appomtment of an Admmtstrator under sub-sectton ( 1) or tlll the exptry of a penod of three months from such commencement, whtchevcr ts earher, be deemed to be the Admmtstrator appomted under sub-sectton ( 1) 15 CondllzQns of serv1ce of Admmz~trator-( 1) The admtmstrator shall be a full-ttme offtcer of the Devaswom and shall not undertake any work not connected wtth office wtthout the penntsston of the Commtttee h~s (2) The Admmtstrator shall be patd out of the funds of the Devaswom ...~ such salary and allowances as the Government may wtth the concurrence of the Conumttee fix m tlus behalf ____________________________ __jI 39 (3) There shall be levied a contnbution from the fund of the Dcvaswom towards leave allowances, penston and provident fund of the Admnustrator to the extent requrred by the rules for the ttme bemg m force {4) The Government shall wtthdraw the Admm1stra&or from hts office If a resolution recommendmg such wtthdrawal ts passed by a maJonty of not less than two-thtrds of the total membersh1p of the Committee. (5) Subject to the provtstons of sub-sccttons (1 ), (2), (3) and (4), the condtttOns of service of the Admtmstrator shall be such as may be determmcd by the Commtttee by regulations made m th1s behalf 16 Holdmg Addllwnal charge of the offtce of the Adnunzstrator - (I) Notwtthstandmg the provtstons ·cdntamed m sect tons 14 and 1S , 1t shall be '-~:. competent for the Govenunent to appomt an officer of the Government not below ' the rank of Under Secretary or Deputy Collector to be m addttsonal charge of the office of the Admtmstrator, pendmg appoantment of the Admtmstrator under sectiOn 14 or when the office 1s temporanly vacant· Provtded that the penod of such addlttonal charge shall not exceed three months (2) No person shall be appomtcd under sub-sect10n ( 1) unless he professes Hmdu Rehg10n and believes m temple worship. (3) An Officer appomted to be m addtttonal charge of the office of the Admtmstrator, under sub-sectton (1) shall be patd such allowances as the Government may fix. m tlus behalf. 17 Powers and dutzes of AdmmJstrator -( 1} The Admtmstrator shall be the Secretary to the Committee and Its Cluef Execultve Officer and shall, subject to the control of the Commtttee, have powers to carry out Its dectstons m accordance wtth the prov!c;tons of th1s Act (2) The Admmtstrator shall arrange for the proper collection and credtt of the offenngs made m the temple. (3) The Admantstrator shall have power to mcur expenditure not exceedmg five thousand rupees to meet unforseen contmgenc1es dunng the mterval between two meetmgs of the Commtttee. 18 Estabhshment schedule -(1) The Admmtstrator may, as soon as may be after the commencement of thts Act, prepare and subrmt to the Committee a · -:r· schedule settmg forth ·the duttes, des1gnat10ns and grades of the officers and employees .who may m h1c; optmon constitute the establtshmcnt of the temple, and together wtth hts proposals w1th regard to the salary and allowances payable to them 40 (2) The Committee shall forward the schedule submttted to 1t under sub-section ( 1) With Its recommendatiOns thereon to the CommJsswner for approval · (3) The Comrmss10ner shall, after cons1denng the recommendations of the Committee, approve schedule, eather w1th or w1thout mod1ficat10ns as he deems necessary, and thereupon the schedule as approved by the CommiSSioner shall come into force t (4) No change shall be effected m the schedule except with the approval of the Commtsstoner. (5) SubJect to the exceptions as the Corrumttee may, by general or spec1al order, d1rect, the officers and employees of the Devaswom m the servtce of the Devaswom Immedtately before the commencement of thts Act shall contmue as such, and the condtttons of their serv1ce shall be such as may be detenmned by regulat10ns made under this Act. (6) A person who does not profess the Hmdu Rehgton or beheve m temple worshtp shall be d1squahf1ed for bemg appomted as, or for bemg, an officer or employee of the Devaswom 19 Appomtment of officers and employees-{ 1) Appomtrnent of all officers and other employees of the Devaswom shall be made by the Committee (2) Ten per cent of the paste; tn each grade of the officers and other employees of the Devaswom m the entry cadre shall be reserved for the Scheduled Castes and the Scheduled Tnbes, of whtch one fifth shall be reserved for the Scheduled Tnbes. (3) SelectiOn of officers and other employees of the Devaswom may be made by sub-comm1ttees constituted by the Commtttee from among 1ts members· Prov1ded that selection of employees to be m charge of the ntuals and other ceremomes of the Temple shall not be made by any sub-comm1ttee of which the Thantn of the Temple ts not a member. ( 4) Subject to the provsstons of sub-sect10ns ( l ), (2) and (3) the procedure for the selectton and appointment of officers and other employees of the ~evaswom shall be determmed by the Committee 10 accordance with the regulations made 10 thts behalf ... ~-- 20. Fzxmg of standard scales of expenditure -(I) The Commtttee shall, from ttme to hme submtt to the Commtsstoner. the proposals for fixiQg the patlflvu or scale of expendtture m the Devaswom and the 3Jllounts whtch may 41 "\' be allotted to the vanous purposes connech~d wath the Devaswom or the proport1on m wh1ch the mcomc or other property of the Dcvaswom may be appropnated to such purposes (2) The Commtttct shall pubhsh such proposals at the premtses of the Devaswom and m such other manner as the Commtssaoner may d1rect together wath a nottce statmg that wathin one month from the date of such pubhcatt6n any person havmg mterest m the temple may submat objectaons or suggesuons to the Commtssaoner (3) If, on scrutmy of such proposals and any objecttons and suggesttons made by persons havmg mtercsr m the temple, 1t appears to the Commissioner that the scale of expendtture or any ttem m the scale of expendtture is at ---;..... vanance Wtth the established usage of Devaswom or not JUStified by ItS IS financtal posat10n, the Commtssaoner may call for the remarks of the Conumttee and after consadenng the same, the Commassaoner as of lhe opmton that any modaficat10n 1s requared m the scale of cxpendtlurc or any ltem m the scale of expendtture, he sha11 pass orders accordmgly and such orders shall, to subj~ct t the provasaons of sub-sect10n (4 ) , be final (4) The Committee may, wnhm three months from the date of rccctpt of .the order passed by the Commasstoner under sub-scctaon (3), mstatute a suit in· the court to modafy the order or to set asade at IV CHAPTER BUDGET, ACCOUNTS AND AUDTI' 21 Budget-( I) The Commtttee shall, before the end of March m each fmanctal year. submtt to the Commlsstoner m such form as may be dctenmned by htm, a budget estamate of the recetpts and expendature of the Devaswom for the followmg financaal year (2) Every such budget shall make adequate provaston for- (a) the pathzvu or scale of expendature for the tame bemg m force; (b) the due discharge of all habthtJes of the Devaswom; (c) the con~tructaon, repatr, mamtcnancc and renovatlOn of buJidmgs connected with the Devaswom, and (d) the mamtc'tance of a workmg balance. 34/2504/201 0/DTP y- (3) The Comn;uss10ner may, after gtvmg nottce to the Committee m the ... prescnbed manner and after constdcnng tts representations, tf any, make such modtficatton, omtsstons or addttlons m the budget as the Commtsstoner may deem fit (4) The Comnuss10ner shall sent a copy of the budget as approved by htm to the Government 22 Revzsed or supplementary budget-If, m the course of any year, the Commtttee constders 1t necessary to modtfy the figures shown m the budget with regard to tts receipts or expenditure, It may submit a supplementary or revtsed budget to the Comnuss10ncr. Provtded that no mod1ficataon shall be made m the workmg balance wtthout the consent of the Commtss10ncr 23 Accounts and audll --{ l) The Committee shall keep regular accounts of all recetpts and disbursements (2) The accounts of the Devaswom shall be subJect to concurrent audtt, namely, the audit shall take place as and when expcndtturc ts mcurred. (3) The aud1ts shall be made by aud1tors appomtcd m the prescnbed manner, who shall be deemed to be publtc servants withm the meamng of section 2 l of the lnd1an Penal Code (Central Act 45 of 1860) 24 Authonty to whom audll report ts to be submztted - After completmg audit for any year or shorter penod or for any transactton or series of transactions, as he deems ftt, the aud1tor shall sent a report to the Comm tSSioner. 25. Contents of audll report-( 1) The Audttor shall specify m hts report all cases of Irregular, tllcgal or Improper expenditure or of fa1.lure to recover moneys or other property due to the Devaswom or of loss or waste of money or other property thereof, caused by neglect or mtsconduct (2) The auditor shall also report on such other matters relatmg to the accounts as may be prescnbed or on matters on whtch the CommtSSJoner rs entitled to requrre the report 26 Rectzfzcatzon of defects dz~closed zn audzt and order of surcharge agaznst Commzttee. etc -( 1) The CommtssJOner shall sent a copy of every audit - report to the Commtttce and 1t shall be the duty of the Committee to recttfy any ~· defects or 1rregulanttes pomtrd out by the audllor and report the same to the Conumss10ner 43 (2) If, on a constderattOn of the report of the audttor along wtth the report, tf any, of the Commtttee, the Conuniss10ner ts sattsfied that the ·commtttee or any officer or other employee of the Devaswom was gutlty of mtsappropnatlOn or deliberate frtner of fund of Devaswom or of gross neglect resultmg loss to the Devaswom, the Commtsstoner may, after g1vmg nottce to • the Commtttee or such officer or other employee to show cause why an order of -surcharge should not be passed agamst tt or htm and after constdenng tts or hts explanatiOn, tf any, by order, ccrttfy the amount so lost and drrect the Commtttee or such officer or other employee to pay, wtthm a spectfied tame, such amount personally and not from the funds of the Devaswom -I, Provtded that tf Ill respect of any expendtturc or dealmg wtth the property of the Devaswom, the Commtttee or such officer or other employee had obtamed the dtrectiOns of the CommissiOner or the Government had acted m accordance w1th the such dtrecttons, the Committee or such persons shall not be held respons1ble. (3) The CommissiOner shall forward a copy of the order under sub-sect,i..o n (2) wtth the reasons for the same by regJstered post to the Commltt~e or the officer or other employee concerned (4) The Corrumttee or officer or other employee aggneved by an order of --....- the Commtsstoner under sub-sect1on (2), may, wtthm 30 days of the recetpt of that order, apply to the Court to mod1fy or set as1dc the order, and the court, after takmg necessary evtdence the court may C<?nfirm modtfy or remtt the surcharge (5) An order of surcharge under thts sectiOn agamst the Comnnttee shall not bar a su1t for accounts agamst tt except m respect of the matters finally dealt wtth by such order (6) Any amount recoverable from the Commtttce or any officer or other employee by Wf4Y of surcharge may, on requtsttlon made by the Comrmsstoncr, be recovered under the provisions of the Kerala Revenue Recovery Act, 1968, as tf, tt were an arrear of pubhc revenue due on land \ I 44 I J f! CHAPTER V GENERAL CONDillONS 27. Authority of Committee to mcur expenditure for certam purposes - The Cotruntttee may, after making adequate provision for the purposes referred to m sub-sectron (2) of sectton 21, mcur expenditure out of the funds of the Devaswom for all or any of the followmg purposes, namely·- ( a) Mamtenance (mcludmg repairs and'reconstructtOn), management and adrnrmstratton of the Temple, 1ts properttes and the temples subordmate to it; (b) trammg of archakas to perform the rehg10us worshtp and ceremorues in the Temple and the temples subordmate to 1t, (c) medtcal ard, water supply and other samtary arrangements for the worshippers and the pllgnms and constructiOn of buildings for theu accommodation; (d) promote and propagate the tenets and phtlosophy assocaated wtth the Temple; (e) to grve any grant or contnbutton to any poor home or other mst1tut10ns estabhshed and mamtamed for the benefit of the persons mamly belongmg to the Hmdu Rehg10n, .,. (f) the constructton of bulldmgs connected wrth the affairs of the Devaswom; and (g) the makmg of any kmd of donation to any rchgtous mstltutron ~- Provrded that no expendtture shall be mcurred for any of the purposes mentiOned m clause (g), unless the same 1s sanctioned by custom or practice assoctated w1th the Temple. 28. Committee to be m possesszon of Devaswom propertzes -( 1) The Committee shall be entitled to take and put m possessiOn of all movable and Immovable propert1es mcludmg Jewellery, records, documents and other assets belonging to the Devaswom . . (2) If m obtammg such possesswn, the Commrttee or any person authonsed m thts behalf by the Comm1ttee, or the Ad~m1strator ts res1sted or obstructed by anyone, the Commrttee or th.e Admmtstrator, as the case may be, may make a requts1tton m the prescnbed form to the Collector of the Dastnct m whtch any such property 1s Situated to dehver pos;ess10n thereof to the Comm1ttee or the Admmtstrator, as the case may be 45 (3) Where a reqUisttJOn ts made to the Collector under sub-sectton (2) the Collector shall hold a summary mqUlry m to the facts of the case and, tf s,atlsfied that the resistance or obJection was w1thout any JUSt cause, shall comply w1th the satd requtsttton, and exerctsmg the powers under tlus sectton, 111 the Collector may use such force as may be necessary. ( 4) Every person authonsed by the CommJttee or actmg under Jts mstructtons m pursuance of thts sectiOn or the Admtmstrator shall be deemed to be a pubhc servant wtthm the mcamng of sectiOn 21 of the Indtan Penal Code (Central Act 45 of 1860). (5) Nothmg contaJned m thts sectiOn shall bar the mst1tut10n of a ~utt by any person aggneved by an order made thereunder for estabhshmg hts title to the property. 29. Pt otectwn of actzon taken zn good fazth -No suit, prosecution or otber legal proceedmg shall he agamst the Government or the Commtssaoner or the Conumttee or any member thereof or the Admmtstrator or any other person aetmg under the mstructtons of the Commtttee or authonsed by tt for anythmg whtch ts done or mtended to be done m good falth under thts Act or the rules made thereunder. 30 Publzc officers to furnrsh copzes, or extracts of certam documents -All pubhc officers havmg custody of any record, regtster, report or other documents relatmg to the Devaswom shall fum1sh such coptes of, or extracts from, the same as may be reqUired by the Commtsstoner or the Committee. 31 Cost of proceedzngs, etc.-The costs, charges and expenses of, and mctdental to, any sutt, appeal or appitcatton to a court shall be m the dtscretJOn of the court, and may dtrect the whole or any part of such cost, charges and expenses, to be met wtth from the property or mcomc of the Dcvaswom, or to be borne and pa&d m such manner and by such persons as tt thmks fit 32. Nottficatwns, orders etc, not to be questwned m court of law.-Save as otherw1se expressly prov1ded m thts Act, no nottficatton Issued, order passed, dectston made, proceedmgs or action taken or other thmg done under the provtstons of tlus Act by the Government or the Commtsstoner shall be hable to be questaoned m any court of law. 33. Power of Government to call for records and pass orders -(1) The .:Y" Government may call for and exanune the records of the Commtss1oner or of the Comm1ttce m respect of any proccedmg, not bemg a proceedmg m respect of whtch a suit or apphcat10n to the court prov1ded by thts Act, to sat1sfy IS 46 'J'. themselves that the prov1stons of thts Act have not been vwlated or the mterests of the Devaswom have been safeguarded and 1f, m any case, 1t appears to the Government that any dec1s10n or order passed m such proceed1ng has VIolated the provtstons of th1s Act or IS not m the mterest of the Devaswom ' they may modtfy, annul or set astde such dec1s10n or order or remit such dects1on or order for recons1derat10n Provtded that the Government shall not pass any order preJudtctal to any party unless he has been gtven a reasonable opportuntty for makmg h1s representatiOns. (2) The Government may stay the executiOn of any such dec1s1on or order pendmg the exerctse of the1r powers under sub~sectJOn ( 1) tn respect thereof • 34. Savmgs -Nothmg m th1s Act shall, save as otherw1se express!~ provtded m thts Act or the rules made thereunder, affect any honour, emolumeJn' t or pcrqms1te to which any person 1s entitled by custom or otherwtse from or m the Devaswom or 1ts established usage m regard to any other matter 35. Thantrl to be final authority m rehgwus matters-{ 1) Nothmg m thts Act shall be deemed to authonse the Commtttce or the CommJSSJoner or the Government to mterferc w1th the rehg1ous or spmtual matters pertammg to the • Devaswom (2) The dec1s1on of the Thantn of the Temple on all rehg1ous, spmtual, ntual or cercmomal matters pertammg to the Devaswom shall be final, unless such dec1S1on VIOlates any proviSIOn contamed m any law for the ttme bemg m force 36. Power to make rules-{ 1) The Government may by notlficatton m the Gazette, make rules to carry out the purposes of th1s Act (2) In particular, and Without preJUdice to the generality of the foregomg power, such rules may provtde for,- (a) the pubhcahon of the Admm1stratton Report under section 13, (b) the custody of th'e records and properties of the Devaswom; ' (c) the payment of contnbuttons towards the leave allowances, - penston and provtdent fund of the Admtmstrator, --~- (d) any other matter whtch requtred to be, or may be prescnbed IS under th1s Act 47 (3) Every rule made under th1s Act shall be latd, as soon as may be after It Is made, before the Legislattve Assembly while It ts m session for a total penod of fourteen days, wh1ch may be comprased m one sessron or m two successtve scss10ns and If before the cxprry of the scss1on m whrch It ts so laid or the sesston tmmedtatcly followmg, the Legtslative Assembly makes any modtficattOn m the rule or decides that the rule should not be made, the rule shall thereafter have effect only m such modtficd form or be of no effect, as the case may be, so, however, that any such modtficatiOn or annulment shall be Without preJUdice to the vahdtty of anythmg previOusly done under that rule. 37. Power to make Regulatzons.-(1) The Committee ·may, subJect to the approval of the Government, make rcgulatwns not mconststent wtth the proviSions of thts Act and the rules made thereunder, to prov1de for the manner tn which the duttes Imposed on tt under th1s Act and 1ts functiOns thereunder shall be dtscharged. (2) In particular, and wtthout prejudtce to the generahty of the foregomg power, such regulations may provide for,- (a) the condltwns of servtce of the Admmrstrator and the other officers and employees of the Devaswom, (b) enforcement of the observance of the ntes and ceremontes and other usages m the and the temples subordmate to 1t, Temp!~ (c) any other matter for which regulatiOns arc reqmred to be made ---< for the purposes of thts Act 38 Removal of difficulties -If any dtfficulty anscs m g1vmg effect to the provtstons of thts Act, the Government may, as occaston may reqUlre by order, do anythmg not mconststent wtth the Act or the rules made thereunder, whtch appears to them necessary for the purpose of removang the dafficulty: Provtded that no such order shall be assued after the expiry of two years from the date of commencement of thts Act. 39 Repeal and savutg-{ 1) The Koodalmamckam DeYaswom Proclamatton (Cochm) tssued on the 30th day of November, 1917, and the Scheme of Admm 1strat10n pubhshcd thereunder, the Koodalmamckam Devaswom ProclamatiOn {Travancore) tssued on the 12th day of June, 1919, the Koodalmantckam Devaswom Act, 1918 (Madras Act I of 1919) and the Koodalmaruckam Deva~wom Act, 1971 (7 of 1971 ), arc hereby repealed 48 (2) Notw1thstandmg the repeal of the Koodalmamckam Devaswom Act, 1971 (7 of 1971),- (a) the pathzvu or annual scale of expenditure spectfied m Schedule I of the satd Act shall contmue to apply to Devaswom t11l the Path1vu or scale of expenditure IS fixed under sechon 20, and (b) all orders passed or purported to have been pac;sed, decisions made or purported to have been made, proceedmgs or act1ons taken or purported to have been taken and thmgs done or purported to have been done by the Koodalmamckam Devaswom Managmg Commtttee or the Admm1strator or the Commtss10ner under the satd Act shall, m so far as they arc not mconsisten( w1th the provisions of this Act, be deemed to have been passed, made taken or ~. done by the appropnate authonty under th1s Act, as 1f th1s Act were m force on ' the date on whtch such orders, decas10ns, proceedmgs act10ns and thmgs were pac;sed made taken or done or purported to have been passed, made, taken or done J I I ~I l l I 1 r \ l _ _j