The Tamil Nadu Temple Entry Authorization Act, 1947

The Tamil Nadu Temple Entry Authorization Act, 1947 Act 5 of 1947 Keyword(s): Temple, Worship, Entry into a Temple, Hindu Temple DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. 958 Tenrple &try Authorization [1947: T.N. Act V THE TA@ NADU ;~EMPL%E NTRY ' AUTHORIZATION ACT,. ..1947.; . CONTENTS. SE~ONS. 1. Short title, extent and eommence- ment . 2. Definitions. 3. Right of all classes of Hindus to enter and offer worship in temples. * 4. Power of trustees to make regulations for the maintenance of order and decorum and the due performance oj rites and ceremonies in temples. 3. Sanction for institution or contilzu. ance of suits, prosecutions, erc. 6. Powcr to decide disputes. 7. Penalties. :-A. Offences u~zdcr section 7 to be cognizable. Rules. 3. 9. Powcr to rcillo~e~ I.~li:ulties. - '.I. ( Repealed. ) -1 7 . ( R epcaled .) 1947: T.N. Act Vj ~emple ~uthorlza~on9 59 . *FAMIL NADU] ACI' No. V OF 1947'. [THE'( TAMNILA DUT) BMPLEEN TRYA UTHORIZAT~ON i ACT, 1947.1 i (Received the assent of the Gov@or-@enerol on the 1 1 th May 1947 ; Jirst published in the Fort St. George Gazette of the 13th May 1947). I I I An Act to authorize entry into Hindu temples in the 3[State of Tamil Nadu] and the offer of worship therein by 4[all classes of Hindus]. WHEREAitS i s the policy of the '[State Government] to - , , remove the disabihies imposed Y ] on certain classes of Hindus against entry into Hindu temples in the '[State] 7 1; AND WHEREAS the 5[State Government] are satisfied, from the rapidity with which, under pressure of Hindu pt~blico pinion, a number of temples have been thrown These words weresubstituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of LJWS( Second Amendment) Order, 1969. 2 For Statement of Objects and Reasons, see Fort St. George Gnzerte, dated the 28th January 1917, Part IV-A, pages 93-94. This Act was extcnded to the merged State of Pudukkottai by sectron 3 of, and tile First Schcdulc to, the Tamil Nadu Merged States (Laws)Act, 1949 (Tamil Nadu Act XXXV of 1949). This expression was substituted for the expression "Provincs 3 of Madras" by the Tamil Nadu Adalptation of Laws Order, 1970, which was deemed to liavc come into force on the 14th January 1969. These words were substituted lor the words "certain classes of 4 Hindu?, who by custom or usage are excluded from such entry and worship" by section 2(1)o f the Madras Teniple Entry Authorization 1 (Amendment) Act, 1949 (Madras Act XI11 of 1949). This expression was subst~tutedf or the expression "Provincial 6 Government" by the Tamil Nadu Adaptation of Laws Order, 1970. "he words "by custom or usage" were omitted by section 2 (2) of the Madras Temple Entry Authori+~tion (Amendment) Act, 1949 1 (Madras Act XI11 of 1949). 1 7 This word was substituted for the word r'Province'' by paragraph 4 of, and the Schedule to, the Tamil Nddu Adaptation oiLaws Order, 1 1970, which was deemcd to have come into force on the 14th January I 1969. s'rhe words "which are open to he general Hindu publicw were omitted by section 2 (2) of the Madlas Temple Entry Authoriza . t i.o n (Amendment) Act, 1949 (Madras Act XI11 of 1949). t 960 Temple Enky Authorization 11947 :T .N. Ac " . -$t open to '[certain classes of Hindus] in recent months, under the provisions of the Madras Temple Entry Madras ?A, , Authorization and Indemnity Act, 1939; that the time has now arrived for 2[throwing open to all of 1939. classes of Hindus every Hindu temple in the 3(Stdte)]; . ANDW HEREAS the j[State Government] consider that . the provisions of the sa!d Act are inadeq~latefo r the early and complete implementation of the policy of the .'[State Govermnt] aforesaid ; It is hereby enacted as follows :- Short title, 1 (1) Thic; Act may be called the S[Tarrril Nadll'J exten* and commence- Temple Entry Authotizarion Act, 1947. ment. (2) It extends to the whole of the %[State of Tainil Nadu]. '(3) This scctioll shall come into force at once; and the remaining provisions of this Act shall come into fivce on such sdate as the glState] Government may, by notification in the Fort St. George Gazette, appoint. -- 1 These words were substrtuted for the words "those classes of Hindus" by section 2 (3) of the Madras Temple Entry Authoriza- tion(Amendfflent) Act, 1949 (Madras Act XI11 of 1949). 8Thcsc words were substituted for the words "throwing open to \c~chc l~tse5o f Hindus all temples In the Province which are open ,,) [he gunerdl Hindu publicw by ibitf. a Thi5 word was substituted for the word "Province" by para- graph 4 of, and the Schedule to, the Tamil Nadu Adaptation of ~owsO rder, 1970, wh~chw as deemed to have come into force on the 14th January 1969. This expression was substituted for the expression "Provincial 6 Government" by the Tamif Nadu Adaptation of Laws Order, 1970. These words were su'xtituted lor the word "M tdras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Secand Amendment) Order, 1969. 6 This expression was substituted for the expression "State of M,idras" by ibirl. 7Section 1 cameinto forceon the 13thMay 1947 andsections2 to 11 on the 2nd June 1947. Came into force on the 2nd June 1947. o This word was substituted for the word "Provincials' by tt,o Adp~tatiotOl rder of 1950. . . 2. In this Act, unless there is anything repugnant Definitions. in the subject or context- ' [ * * * 1 '[(I) 'temple' means a place, ty whatever name known, which is dedicated to, or fo the benefit of, or used as of right by, 2(the Hindu community or any section thereof), as a place of public religious worship, and includes subsidiary shrines and mantapams attached to such place ; (2) 'worship' means such religious servjce as the bulk of the worshippers may offer, or participate in, in accordance wit4 such rules and regulations as may be made under this Act.] 3. (1) Notwithstanding any law, custom or usage Right of all to the contrary, 3[every Hindu irrespective of the caste classes of Hindus to or sect to which he belongs] shall be entitled to enter enter and any Hindu temple and offer worship therein in the ?$&W$f;pi same manner and to the same extent as 4[Hindus in general or any section of Hindus]; and 6[no Hindu] shall, by reason only of such entry or worship whether before or after the commencement of this Act, be deemed to have committed any actionable wrong or offence or be used or prosecutccl therefor. (2) Without prejudice to the generality of'the foregoing provision, it is hereby declared that the right conferred by sub-section (1) shall include the follo winR I Clause (1) was omitted and clauses (2) and (3) were renumbered as clauses (1) and (2) by section 2 (4) (i) of the Madras Temple Entry .\uthorization (Amendment) Act, 1949 (Madras Act XI11 of 1949). 2 These words were substituted for the words "the Hindu corn- nit~nityi n general" by section 2 (4) (ii), ilid. 8 ihese words were substituted for the words "persons belonging ;o the excluded classesw by section 2 (5) (i), ibid. 4 These words were substituted for tRe words "the Hindus ill general" by section 2(5) (ii), {bid 6 These words were substituted for the words "no member of any excluded class" by section 2 (5) (iii), ibid: .: ,. ", ;,7* ?;,&:: w. .% , : .., .,C ' ;Z . 4' $, , . $: *., uthorization [I947 : Z N.A ct. V- " : rights, if, and to the extent to which, they are l[enjoyed by Hindus in general, or any ;::tion ~f Hindus]:- (a) the right to hathe in, or use the waters of, any sacred tank, wcll, spring or water-course appurte- nant to the temple, whether situated within or outside the precincts thereof ; (b) the right of passage over any sacred place, including a hill or hiiock or a road, street or pathway, which is requisite for obtaining access to the temple. 4. The trustee or other authority in ~hargzo f a Powers of trustees to make temple shall have power, subject to the control of the for elstate] Government and to any rules which may be the main- made by them, to make regulations for the maintenance: tenance of order and of order and decor1.1m in the temple and the due obser- decorums the vance of the religious rites and caemonies performed due per- formance of in the temple, but such regulations "shall not discrimi- rites and nate in any way against any Hindu on the ground that ceremonies he bzlongs to a particular caste or sect]. in temples. 5. (1) No suit for damages, injunction or declara- Sanction for institution tion or for any other relief, no prosecution for any or conti- offencc, and no application or other proczeding under nuance of sui ts, y:d:tbf prosecutions, the Madras Hindu Religious El~dowmentsA ct, 19264, etc. or any other law, shall be institutzd in respect of.any 1927. entry into or worship in any temple whether before or after the commencement of this Act, on the sole ground =[that such entry or worship is by a Hindi1 belonging to a particular caste or sect]. i These words were substituted for the words "enjoyed by Hindus in general,not belonging to theexcluded classes" by section 2 (6) of the Madras Temple Entry Authorization (Amendment) Act, 1949 (Madras Act XI11 of 1949). 2 Thisword was substituted for the word t provincial^ by the Adaptation Order of 1950. 8 These words were substituted for the words "shall not discrimi- nate in any way against the members of the excluded classes by '9 section 2 (7) of the MadrasTemple Entry Authorization(Amendment) Act, 1949 (Madras Act XI11 of 1949). 4 Bee now the Tamil Nadu Hindu Religious and Charitable Endow-$ meats Act, 1959 (Tamil Nadu Act 22 of 1959). These words wsre substituted for the words "that such entry or 6 worship is against the custom or usage wh,ich excludescertain classes of Hindus from such entry or worship by section 2 (8) of tho Wcr,,fr-q Temple Entry Authorization (Amendment) Act, 1949 (Madras Aot XI11 of 1949). 1. INP:. N. Act VJ Tempk EntrY$thorization 463 1 1 (2) No suit, prosecution, application or procee- ding of the nature aforesaid, instituted before the commencement of this Act, shall bz continued there- after, without the sanction of the l[State] Government. ( 6. If any question arises as to w h e ther a place is or :g~;;d; d=idci is not a temple as defined in this A the question shall I be referred to the l[State] Governm6nt and their deci- sion shall be final subject, however, to any decree passed by a competent Civil Court in a suit filed before it within six months of the date of the decision of the [State] Government. 1 7. Whoever- Penalties. 4 (i) prevents %[aH indu] from exercising any right conferred by this Act, or (ii) molests or obstructs 3[a Hindu] in the exer- cise of any such righc sl~albl e punishable, in the case of a first offence, with fine which may extend to one hund1;ed rupees, and in . the case' of a second or subsequent offence, with impri- sonment which mzy extend to six months, or with fine which may extend to five hundred rupees, or with both. 4[7-A. All offences putlishable rinder section 7 Offences under shall be cognizable]. section 7 to be cognizable. 8. (1) The '[State] Government may make rules Rules. for the purpose of carrying into effect the provisions of this Act in respect of temples generally or of any temple or class of temples. - --- ---- " 1 This word was substituted for the word "Provincial by the Adaptation Order of 1950. 2 These words were substituted for the words "a person belonging to any excluded classVbys ection 2 (9) (i) of the Madras Temple Entry 1 Authorization (Amendment) Act, 1949 (Madras Act XI11 of 1949). by 8 s T ec h t c io s n e w 2 o ( r 9 d ) s ( i w i) e r , e i b s i u d. b stit~~tedfo r the words "any such pel \O I I 4 'Phis scctiol~w as inserted by sectioo 2 (lo), ibld. 964 Temple Bntry Authorization [1947: T.N. Aft V (2) All rules made under this sectio shall be published in the Fort St. George Gazette, an?, on such publication, shall have effect as if enacted in this Act. 9. If any difticulty arises in giving effect to the provi- Power to remove I diiulties. sions of this Act, the '[State] Government, as occasion 8 requires,' may, by order, do anything yhich appears to them necessary for the purpose of removing the , difficulty. --___ ---- 1 This word was substituted for the word l'Provin~ial" by the Adaptation Order of 1950. a Sections 10 and I1 were repealed by sectio~2~ o f and the First Schedule to, the Tamil Nadu Repealing and ~n,enbitlA~c t, 1952 (Tamil Nadu Act XI of 1952).