The Guruvayoor Devaswom Act, 1978 (No. 14 of 1978)

55 THC GURUVAYOOR DEVASWOM ACT, 1978 (Act 14 of 1978) . . CO"lTE~lS Puambh. Sectzo11s l Shott title and commenc< ment :L Definitions 3 I ncorpor.tt!On ,' .~ 4 Comprsltion ol Committee " 5 Term of office of non-official members, rc~i· nar·nn a 'ld removal of ~rr<'h member~ and <. a~ual \acancies m their office. 6 DissolutiOn an I super~esswn of Committee 7 Meetm({. of 1 h,. Commlttt c 8 Acts o1 procet drng'i of Committee not to be iuvalidatcd 9 R, munerauon ul the Chairman and mcml crs 10 Duties of Committee 1 I Ali·nation Lf Dcva.wom p10perties 12 L•mita•ion <'f borrowing ard lending powers 13 Admmistra ti<'n repo1 t 14 Appomtment of AdmimstJ a tor 15 Condillons of ser\'lcc of Administ rat 1r 16 AdditJOndl clnrge of office of A-:lmmbtJa'ol I 7 Powers and dutJ~.:s of Admmistrator 18 £stablishmt-nt schedule 19 Appo ntmcnt of officers and employees 20 Fixing of standard scale~ of expenditure l ) 21 T>udget Revtsed or Supplementary budgd 2? ,' 23 Accounts and audit 24 Authonty to whom audit n port is to be submttted ,, 25 Ct ntcnts of aud1t report {)... 26 R··cr ificatron of defects di~closcd 111 au1it and order of surcharge ,• g~:11c; comm ttee, <t c. 27 Authority nf Comnut'ec t'l :ncur cxpenJitw e for certain purpo~c~ 28 C >tnmittcc 10 be m po•sessron of Dcvaswom propertie~ 99 Pt::Jtectwn ofactton taken in ~ood t~ith 56 Sections 30 Public officers to furni>h cop1es of or c"tracts from ce1 tain documents 31 Cost of proceedmgs, etc. 32 N'ot'fications, orders, etc not to be quest' oned in com t of law 33 Powe~r of Government call for records and pass orders 'O 34 Savmgs 35 Thantn to be final authority in rdigious matters 36 Ren ovJl o; d1fficul!ics 37 Scheme framed for the Temple not to apply 38 Rules " 39 Regulations 40 Madras Act XIX of 1951 not to apply to Devaswom 41 Repeal ard validation 42 Committee to be successor of Renovatron Executive Committee 43 Rcpc.al and savmg ---- ' • ./:)' ' 57 *THE GURUVAYOOR DEVASWOM ACT, 1978- Act 14 of 1978 An Act to make provzszon for the proper administratwn of the Guruvayoor Devaswom Preamble.-WHrREAS the Sree Krishna Temple at Guruvayoor il a very ancient temple of unique importance which owns extensive properties and endowments and in which millions of devotees from all over India ate reposing their faith and belief; Y11 AND ''/HEREAs under the scheme framed th~ High Court of Madras in Appeals Nos. 211 and 212 of 1930. for~ administration of the said Temple, as modified by .the District Court, South Malabar, in O.S. No. I of 1938, the administration, control~nd management of the Temple and its properties and endowments J-.ad been vested in the hereditary trustees, namely, the Zamorin Raja of Calicut and the K.aranavan for the ume beu.g of the Mallisseri Illom ~ t Guruvayoor; ~ AND WHEREAs the administration and management of the said Temple and its properties and c>ndowments had deteriorated and a ~ituat10n had arisen rendering it -::xpedient to reorganise, in the mtcrests of the general pub he, the scher..1e of management of the affairs of the Devaswom, the Guruvayoor De)'aswom Act, 1971, was enacted to proVIde better management of the Devaswom in super!ession of the said scheme; AND WHEREAs the High Court of Kerala in its judgement in Original Petition No. 3lfi. of 1973 struck down the operative provisions ot the said Act on the' ground that those provisions are violative of Articles 25 and 26 of the Const1tution oflndia; AND wHEREAs it is apprehended that if the administration, control and m_?.nagement of the Temple and 1ts l?rop«:rt•es and endowments arc vested in the hered1tary trustees, the same s1tuatwn wh1ch had rendered 1t exl)fdient to reorganise the scheme of management of the affairs of the D~vaswom and to enact the said Act is likely to arise; / AND wHEREAs it is exped1ent to provide in the public mtt>rest and in the intere.<;t of the worshippers of the Temple for a proper administratio,n of the sa1d Devaswom in accord ·nee with the law as la1d down in the satd judg 1 ent; • Received the assent of the President on the 18th day of M .. tch. 197R and published in the Kerala Gazette Extraordinary No. 193 dated 19th March, 1978. 34f793JB. I 58 ' I Bl!'. it enacted 1n the fwentyninth Year of the Republic of India as follows:- \ CHAPTER I 1 Prelimina'l"y 1 . Sltort tall6 and commencement. -( l) This Act may be called !the Guru vayoor Devaswom Act, 1978. (2) It shall be deemed to have come into force on the 29th day of November, 1977. 2. Difznitaons.-In this Act, unless the context otherwise requires,- (a) "AdministraL~" means the Administrator appointed under section 14 ; "" (b) "Commissioner" means an officer not below the rank of Secretary to Government, who professes the Hindu Religion and bclie'les in Temple worship, appomted by the Government, by notification in the Gazette, to be the Commissioner for the purposes ot thir.Act; (c) "Committee" means the Guruvaj.oor Devaswom Managing Commiuee constituted under section 3 ; · (d) "Court" means the District Court ha'\.-lng jurisdiction over the area in which the Temple is situated ; . (e) "Devaswom" means the Temple, and includes its properties and endowments and the subordinate Temples attached.to it; (f) "person having intere~t in the Temple" mean.:; a person who i• entitled to attend at, or is m the habit of attending, the performance of wor ship or service in the Temple or who is entitled to pll'take, ol'". is in the habit of partab.ing, in the benefit of the distribution of g1fts thereat ; {g) "prescnbed" meam prescribed by rules made under this Act ; (h) the express1ons "Scheduled Castes" and "Scheduled Tribea" shall have the meanings respcctlVcly assigned to them in the Constitution of Jndia; ., (i) "Temple" means thC' Srce Krishna Temple at Guruvayocr. ' ' I' ' '- II CHAPTI':R The Committee 3. Incorporatron.-( 1) The Administration, control and management of the Devaswom shall be vested in a CommitH.e constituted in the manner hereinafter provided. (2) The Committee ~hall by the name of "the Guruvaycor Devaswom Managing Committee" be a body corporate and shall have perpetual succession and a common seal and shall by the saH name sue and be sued through the Administrator. " 59 4. Composztwn of Commzttee.-( I) The Committee ~thall con~tist of the following members, namely:- ( a) the Zamorin Raja; (b) the Karanavan for the time being of the Malliaseri lllom ct Guruvayoor; (c) the Thanthri of the Temple, ex-offzczo ;' {d) a representative of the employees of the' Devaswom nominated by the Hindus among the Council of Ministers ; (e) not more than five persons, of whom one ~hall be a member of a Scheduled Caste, nominated by the Hindus among /.he Counc1l of Ministen from among persons having interest in the Templ"~· {2) A person shall be disqualified /fC>r /eing nomitated under clause (e) of sub-section ( 1), if- _....,. ~ (i) he believes in the p~ctice of untouchability or does not pro(eas the Hindu Reigio?- or believe in temple worship ; or (ii) he is an employee' under the Government or the Devaswom; or {iii) he is below thirty yeara of age ; or (iv} he is engagedfn any subsisting contract with the Devaswom; or ~~ (v) be is subjectJ any of the disqualifications mentiond in clauses (a), (b) <ind (c) of sub-section (3) of section 5. (3) Th~ee! 5'ers of the Committee shall, at its first meeting, elect one of its memb .rs as its Chairman. (4) Eve member of the Committee shall, before entering upon his 'I office, mak<1 and subscribe in the presence of the ;!CommissiODer an oat~ in tht> follo,.;.ng form, that is to say- "~; AB, do swear in the name of God that I profess the Hindu Religion and Q(ilieve in temple worship and that I do not believe in the practice of un ouchability. ". Term of offzce of non-offzczal members, reszgnatzon and remorJal of such members and casual vacancies in thczr offzce -( 1) A 1ocmber nominated under ~ clause (d) or cla'Jse (e) of sub-<;ection ( l) of sectiOn 4 shall hold office for a I period of two years from the date of his nomination and shall be eligible for renomination. (2) A member referred tow aubsectiOn (l) may rcs1gn 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) The Government may, by order, remove from office a member referred to in subsection ( 1) if--- (a) he is of unsound m1nd and stand, so declared by competent <1 court; or oO (b) he has applied for being adjudged as in~olvent, or is an undis charged msolvent; or (c) he has been convicted of any offence involving moral turpitude; or (d) they are sa,isfied that he has been guilty of corruption or mis conduct in the administration of the Devaswom; or (e) he has absented himself from more thnn three consecutive meetings of th! Committee and is unable to cxplam such absence to the ~atisfaction of the Committee; or (f) he, being a legru practitioner, has acted or appeared on behalf o( any penon against the Dev~wom in any legal proceeding after he has been nominated as a member of (h~ Co~mittee; or ' ' (g) he ceases to profess the ~I,'rn;lu Religion or to believe in temple worship; or '-... "'\, (h) he has committed or abetted the coO;) mission of any act in auppors or furtherance of the practice of untouchability.\ ' . (4) A member shall not be removed under su~s.,::~tiOn (3) unless he has been g1ven a reasonable opportunity of showing cau~gainst his re~o~aJ. (5) A member who 1s removed under subsect,on ~3) may, Withm one month from the date of the receipt by him of the order o' removal, institute a suit in the court to set aside the order. (6) The term of office of a member nominated to fill a ~asual vacancy shall be for so long only as the member wh'>se place has been filled woultl have been entitled to hold office if the vacancy had not occurr ' 6. Dzssolutwn and supersesszon oJCommzttee.-(1) If, m the opmio.~ ofthe Government, the Committee is not competent to perform or makes ~ault in performing the duties imposed on it under this Ace or abuses or elCc,~ds its powers, the Government may, after such inquiry as may be necessary, Y notification the Gazette, supersede the Committee for such period, no ill exceeding six months, as the Government may deem fit. ~""" (2) Before issuing a notification under subsection (I), the Government ,' shall communicate to the CommLttee the grounds on which they propose ~ to do ~o, fix a reasonable time for the Committee to show cause against the ' proposal and consider its explanations and objections, if any. (3) Any member of the Committee may, within a penod of one month from the date of publication of the notification under subse<"tion ( l), insti tute a suit in the court to set aside the notification. (4) Where the Committee is superseded under this sect10n, the Com missioner shall cxerci~e the powers and perform the fWlctions of the Committee until the expiry of the period of supersession: 61 Provided that the period during which the Committee remains superse ded shall not have the effect of extending the maximum term of office of a member nominated under clause (d) or clause (e) of subsection (1) of section 4 beyond a per1od of two years. 7. Meetings of the Commzttee -(1 ) The Committee shall maintain ita office at such place or places at Guruvayoor as the Co.aunittee may deter mine, for the transaction of 1ts business. (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) No business shall be transacted at any 111~eting of the Committ'=C unless at least three members thereof are present. , (4) Questions arising at a meeting o(, t;Zcommittee shall be decided by a majority of the votes of the me~~-':/p resent thereat, and the Chairman or the person presiding shall have,...did exercise a ca~ting vote in the case of equality of votes. • / 1 8. Acts or proceedzngs of /Commzttee not to be znualidated.-No act or proceeding of the Committee shall be invahdated mereiy by reason of- fn, ( a) any vacancy or any defect m the wnstitution of, the Committee; / (b) any defecy,x;:' th·_ election or nommatwn of a person acting as the Chaicma.h or a member ol th: Committee; or I (c) any iq7egularity in the procedure of the Commit tee not affecting the ty1erits of the case. ' 9. Remun~atzon of the Chazrman and members.-No member of the Com- mittee shaV:feceive or be paid any salary or other rcmunerati"n except such travellin_g' or daily allowances, 1f any, as may be prescribed. 10/' J Dutzes of Commzttee.-Su bJect to the provisions of this Act and the rule;~ made 'thereunder, it shall be the duty of the Committee- ..._ /~(a) subjett to the custom and usage in •he Temple:, to arrange for the ~-;- ,._, proper performance of the ntcs and ceremonies in the Temple and ./'r/ the subordinate temples attached therero in accordance with the · dzttam or scale of expenditure nxed for the Temple and the subordi nate temples under sectwn 20 or, till the dtttam or scale of - expenditure is fixed under that section, m accordance with the dtttam or scale of expenditure fixed for the temple and the subordi- mte temples under section 51 of the Madras Hindu Religious and Jlt Charitable Endowments Act, 1951 (Madras Act XIX of 1951) ; \ (b) to provide fac1hties for the proper performance of worship by the worshippers ; (c) to ensure the safe custody ol the funds, valuable securities and Jewelleries an:l the preservatiOn and management of tile propertie11 vested in the Temple ; 62 (d) to ensure maintenance of order and discipline and proper hygienic conditions m the Temple .. wd the subordmate temples attached thereto and of proper standard of cleanliness and purity in the 0ffering» made therein ; (e) to ensure that the funds of the endowments of the Temple are sper,t according to the wishes as far as may be known of the donors; (fl to make provisions for the payment of suitable emoluments to the salaried staff of the Devaswom ; and (g) to do all such things as may be incidental and coaducive to the efficient management of the affa1rs of the Devaswom and the convenience ofthe worsb1ppers. 11. Alrenatwn of Deva \ ' s.!!Jom propertzes.-(1) No movable property of n\ln- perishable nature whiclt,)s i~ the posse~sion ot the Committee and the value of which is more than five tfio~~ud rupees and no jewelleries shall be sold, pledged or otherwise ahenat~ .unless it is sanctioned by the Commissioner as being necessary or benefic1~ to the Devallwom. (2) Any exchange, sale or mortgage and ~ny lea9e of any immovable property belonging to or given or endowed for the purposes of the Devaswom shall be null and void urless it is sanctioned by i~e Commissioner as being necessa1 y or benefic1al to ~the Devaswom. ' "' (3) Before acco1ding fanction under subseLtio~ I) or subsection (2), the Commissioner shall publish the particulars relating) o the proposed trans action in such manner as may be prescribed invitmg obkctrons lUld sugge£ tions w1th re5pect thereto and shall duly consider all object~ns and uggestiol.ll received from the Committee or other persons havmg intere§..t, in the Temple . . (4) When according sanction under sub section (I) o"f.. sub-section. (2), the C:.>mmissioner may imp::>sc such conditions and g1vc suc'h-, directions as he may deem necessary regarding the uulisation of the amount'-\aised by the transactirm, the investment thereof and, in the ca~e o[ a m&rtgagt", regarding the discharge of the same withm a resonable period. -, (5) A copy of the order made by the Commissioner under this secon: \" shall be commWlicated to the Government and to the Committee and sh I ..._ be published in such manner as may be prescribed. · (6) The Committee may, w1thm three month~ from the date of rcce1pt · by it of a copy of the order, and any person having interest in tht. femple may, within three months from the date af publication of the order, mstitute a suit in the Court to modxty the order or set it as1de. (7) Net withstanding anything contained in sub-section (I), no antrquity belonging to the Devas•vom shall be sold, pledged or other •. ,.i,e alienated. Explanatzon. -For the purposes of this sub section, "antiquity" shall mean- (a) (i) any coin, sculpture, painting, ep1graph or other w xk of art or craftsmanship , 63 (ii) any t1cle, object or thing detached from a building or cave ' ;ll ( ui) any articl.:: object or thing illustrative of science, art, crafts, literature, religion, customs, morals or politics in bygone age, ; \ iv) any article, object or t h mg of historical mterest, which has been m existt>nce for not less than one hundred yer: rs ; and (b) any manuscript, record or other document which cf scientific, i~ lllstorical, hterary or aesthetic value and v.hicb been m for ha~ ext~tence not less than seventy-five years. 12. Lzmztatzon ofborrowmg and lendmg powe1S.-(I) The Cam.mttee shall have no power to borrow money from or to lend mGney to any p~rson unless it is sanctl mcd by the Commissioner as being nec•.:ssary or beneficial to the Devaswom. / , / (2) The Commissioner shall noy.ciuse sanction under sub se·:tion (1) unless the Cammittee has been7 gl) fen an op1ort•mHy of mak,ng representa tion r.gainst sue~ refusal. (3) Where sanctton is ref!used under sub sectiOn (I), t .e Cl)mmittee may, withm three months fro'll the da•e of receipt by It of th · dt:chion of tl:,9 Commission~r, instit~):.f a su•t in the Court to set aside the dectston. 13 Admmistratwn ;eport.-( 1) The Committee shall annually su hmi t to the Commissioner a report on the a.-Inunistration of the affairS f tne Deva swom at such time f(s may be prescribt'd, ar.d such report shall be forthwith pubhshed by the Q.ommittee m the prcscnbed manner. (2) The..6ommissioncr shall submit a copy of the report prepared and published un~r sub section (I) to the Government and the Government shall, as soon a;;.tossible, cause the report to be laid before the Legislative Asse:nbly. I CHAPTER I I I .... / Administration and Establishment. 1 / 14. Appomtment of AdmmHtrator -(1) The Commiitee ·hall appoint ~ _ an officer of Government not below the rank of Deputy Collector to be the t;, Admmistrator for the Devas.vom, !rom among a panel of nam ~ furnished by !"- J the Government. _,. (2) No pe1 son shall be appointed under sub section (I) unless he professrs the Hmdu Religion ancl bdieves m temple worship. (3) The Admimstrator app i"ted under the Guruvayoor 'Qevaswom Act, 1971 (6 of 1971), and hold~ng office at th' commenc~"mcat of this Act, ~hall, until the appointment of an Arlmimstrator under sub sec· ion (I) or until the expiry of a perwd of three months from such commencement, whichever earlier, be deemed to be the Admmistrator appointed under sub section (I). IS 15. Conditions of servLce of Admznu-tralor.-( 1) ThP. Administrator shall be a full-time officer of the Devaswom and shall not undertake any work unconnected with his office without the permission of the Committee. (2) The Admmistrator shall be paid out of the funds of the Devaswom such salary and allowances as the Government may With the concurrence of the Committee fix in this behalf. • (3) There shall be levied a contribution from the funds of the Deva- swom towards leave allowances, pension and provident fund of the Admims trator to the extent required by the rules for the time being in force. (4) The Government shall withdraw the Admmistrator from office hi~ if a resolution recommending such wi<hdrawal is passed by a majority of not less than two-thirds of the total membership of the Committee. (3) Subject to the proyisions of subsections ( 1) , (2) and ( 4), the condi tions of service of the Administrator shall be such as may be determined by the Committee by regulations made in·-th,!s behalf. 16. Addztzonal charge of offzce of the Ad}nt{!zstrat•r. - (I) Notwithstanding the provisions of sections 14and 15, it shall be ~ompetent for the Government to appoint an officer of the Gov:rnment not below the rank of Deputy Collector to be m additional charge of the office of-the Administrator pending appointment of the Admmistrator under secti(1,p I 4 or when the office is temporarily vacant: ', Provided that the period of such additional charge shall not exceed three months. \ (2) No person shall be appomted under subsection (I) tJ.nless he professe5 the Hindu Religion and beheves in temple worship. ', (3) An officer app1 inted to be in additional charge o~he othce of the Administrator under sub section ( 1) shall be paid such allow~ces as the Government may fix in thi~ behalf. " I 7. Powers and dutzes nf Administrator.-( I) The Administrat;o~- shall be the secretary to the C:>mmittee and its chief executive officer and s all, subject to the control of the Committee, have powers to carry out its dec1sions in accordance with the provisi ·.ns of thiS Ar:t (2) The Admimstrator shall arrange for the proper collectiOn of offering made in the Temple. (3) The Admimstrator shall have power to mcur expenditure not exceedmg five thousand rupees to meet unforeseen contingencies during the interval between two meetmgs of the Committee. 18 Establzshment schedule.-( l) The Admmistra tor may, as soon as may be after the commencemen• of this Act, prep'lre and submit to the Committee a schedule s•.!tting forth the duties, designatiOns and grades of the officers 1nd en ployces who may m h1s opinion constitute the establishment of the Temple and c•nbodymg his propo~als w1th regard to t~c salaries and allowances payable to them. 65 (2) The Committee shall forward the schedule submitted to it under subsection (I) with its recommendations thereon to the Commissioner for approval. (3) The Commissioner shall, after considering the recvmmendations of the Committee, approve such schedule either without modification or with such modifications as he deems necessary, and thereupon such schedule as approved by the Commissioner shall come mto force. (4) No change ~hall be effected in the schedule except with the approval of the Commissioner. (5) Subject to such exceptions as the Committee may by general or special order d1rect, the officers and cmployecc; of the Devaswom in the service of the Dcvaswom immediately before the,commcncement of this Act shall cuntmue as such, and the conditions of their service shall be such as may be prescribed by regulations made u9d~r. this Act. r-desI s (6) A penon who docs not the Hindu Rehgion or believe in temple worship shall be disqua!J,fu11 for being appointed as, or for being, an officer or employee of the Dev~wom. 19. Appozntmcnt of offzJ~rs and employees -t l) Appomtmcnt of all officers and other cmpto,Yees of the Devaswom shall be made by the 7 Comrmttee. ( (2) Ten per cent 'of the posts m each grade of the officers and other employees of the Deviswom shall be reserved for the Sche:duled Ca~tes and the Scheduled Trihes, of which one-fifth shall be reserved for the Scheduled 'Inbcs. / (3) Se1ec~{on of the officer; and other employees of the Devaswom may be madg~y sub-committees constituted by the Committee from among Its members" I • Pro~ed that selection of employees to be w charge of the rituals and oth~_r~remomes of the Temple shall not be made by any 5ub-committce of wh~I. .t he Thantri of the Temple is not a member. j (4) Subject to the provisiOns of sub-sections (I), (2) and (3), the ~rocedure for the selecuon and appomtment of officers and other employees . /of the Devaswom shall be such as may be determined by the Committee by I re~ulat10ns made m this behalf 20 FJxing of standard scales oj expendtture.-(I) The Committee may, from time to time, submit to tbt: Cornrmss10ner proposals for fixmg the dittam or scale of expenditure m the Devaswom, and the amounts which should be allotted to the various oi-Jeets connected With the Devaswom or the propor- tion m wh1ch the Income or other property of the Devaswom may be applied to such objects (2) 1 he Committee shall publish such proposals at the premises of the Devaswom and m such other manner as the Commisswner may dtrect' together with a notice- stating that within one month from the date of such pubh.:ation any person havinJ mterest ia the Temple may submit objections \ or suggestions to the Commissioner. 34/793/B. 66 ($) ll, on a ~crutmy of such propo~als, and any object10rts .trtd sug gestiOns made by persom having interest in the 1 emple, it appears to the Commissioner that the scale of expenditure or any Item m the scale of expenditurl" is at vanance with the established usage of the Dcvaswom, or is not justified by its financial position, the Commissioner may call for the remarks of the Commtttec and if, aftel' considermg the sa•ne, the Commis sioner ts of th~ . ppimon that any modincattOn is requued in the scale of cxpendtturc or any Item m the scale of expcndtture, he shall pass ordets accordingly, and such orders shall, subject to the proviswns of sub,cctton ( 4), be final. (4) The Committee may, within three months from the date of receipt by it of the order passed hy the CommissiOner under ~ubseetilln ( 3), institute a suit in the court to modifY. the order or to set tt aside. C;u,PTr:R IV Budget, AccoJi?t~d Audit 2 I. Budget.-( l) The C')mmlttee shall, b~re the end of March in each financial year, submit to the Commissioner, in s(\Ch fonn as mly be fixed by him, a budget estimate of the recctpts and exp~diture of the Devaswom for the followmg financial year. ', (2) Every such budget shall make adequate proviswn for- (a) the dtttam or scale of expenditure for the ti~~.bcing in force; (b) the due discharge of all habihttes binding on ti~!! Devaswom; (c) the repair and renovation of buildings conn~~ted wtth the Dcvaswom; and ", \ (d) the maintenance of a working balance. ', (3) The Commissioner may, after g1vmg notice to the Cflm;mttcc in the prescribffi manner and after conudering its representations, if any':\_make such alterations, omissions or additLons in the budget as the C'lmmissi~ur may deem fit. \. (4) The Commissioner shall send a copy of the budget a~ approved by) him to the Government. "' .\ 22. Revmd or supplenmetmy budget.-lf in the course of any year the "- Committee considers It necessary to modify the figures shown m the budget with regard to its cce1pts or e"penditure, it may subnut a supplementary 1 or revised budget to the CommissiOner· Provided that no alteration shall be made m the working balance wtthot t the cunsent of the Commissioner. 23. Accounts and audtt.- (I) The C .mmittec ~hall keep reg ... ),u· accounts of all recerpts and disbursements. (2) The accounts of the Devaswom shall be subject to concurrent audit, that Is to ~ay, the audit shall take place a~ and when e"penditure is mcurred. 67 (3~ The audtt shall he made by auditors appointed in the pnscribed rn.-.nnr.J, who be dt,uncd to be public 'icrvanb within the meaning of ~hall section 21 of the Indi.tn P ;nal Code (Centt a! Act 45 of I 860). 24. Authonty to whom audtt repo1 t is to be submttted.-After completing the audit for any year or shorter periOd or for any transactiOn or senes of trans actions, as he rlcems fit, the auditor shall send a report to the Commissioner. 25. Contents of audzl report.-( I) The auditor shall specify in his report all cases 0f Irregula1, Illegal or Improper exp ·nd1ture or of failure to recover moneys or other property due to the or of loss or waste of money Devas~cm or other property thereof, cauced by neglect _?r misconduct. (2) The auditor s'I-Jall also report on such other matters relating to the accounts as 'llay be prescribed, or on wl11c~ the Commissioner may require !urn to report. ,.._ ' 26. Rectifzcatzon of defects dtscloseritd:'. audz t and order of surcharge agaillst Commzttee, etc.-( I) The Col11J!liss:oncr shall send a copy of every au d i t report to the Committee and it shall be the duty of the Committee to remedy any defects or irregularihe~ pointed out by the auditor and report the sane to the Commissioner. (2) If, on a consideration of the report of the auditor along with the report, if any, of the Committee, the Commissioner satisfied that the Com IS mittee or any officer or other employee of the Devaswom was guilty of mi'> appropriation or wilful waste of the funds of the Devaswom or of gro'>'> neglect resulting in loss to the Devaswom, the Commissioner may, aftPr g1vin~ notice to the Committee or such officer or other employee to show came why an order of surcharge should not be pa'>sed againsr it or him and after con sidering it'> or his explanation, if any, by order certify the amount so lost and direct the Committee or sucn officer or other employee to pay within a '>pecified time such amount personally and not from the funds of the Devasviom: I i'l'rovided that if m re'lpect of any expenditure or dealing with the prJ pefty of the Devaswom, the Committee or such officer or other employee had obtained the directiom of the Commisswner or the Government and had /acted in accordance with the said directiom, the Committee or such person -:1 shall not be held respomible. (3) The Commissioner shall forward a copy of the order under sub section (2) v. ith the reasons for the same by registered post to the Committee or the officer or other employee concerned (4) The Committee or officer or other employee aggrieved by an order of the Commissioner under subsection (2) may, within thirty days of the receipt by it or him of that order, apply to the court to modify or set aside the order, and the court, after taking such evidence as is necessary, may confirm, modify or remtt the surcharge. ( 5) An order of surchar!!fe under this section against the Committee shall not bar a suit for accounts again•t it except in re'>pcct of the matters finally dealt with by such order. 63 (6) Any a uoutll tccov.:tablc from the Commiltcc ·•r any offic\:r or other emp!oycc by way or ~urchargc m ~yo 1 rcqut~iuoa mttdt! by th~; C~mmi~­ sioner be recovet·ed under the provisions of the Kerala Rcwnue Rccov ~ry Act, 1968, as if it were an arrear of public revenue due oa land v CHAPICR GENERAL 27 Authority of Committee to incur expenditure for certain purposes-The Committee may, aft.:r making adeq Jd.te pr.:wist f Jr t'le purpo5e> referred JD to in sub~f'ction (2) of s~ct10n 21, incur expenditure out of the fund5 of the ,~ j De.'aswom for all or any th~ following purpo5es, namely:- (a) maintenance, management and of the Temple, its admim~trat10n properties and the temples subordi'nate thereto; (b) training cfarchakas to per~ the religious worship and cete monies in the Temple and the temples subord~nate thereto; (c) medical relief, water supply and other sanitary arrangements for the v.orshippers and the pilgrims and construc<ton of bmldtngs for their accommodation; (d) culture and prop::~.gation of the tenet5 and philosophy as5ociated with the Temple, (c) the establi5hment and maintenance of or the making of any grant or contnbution to, any poor home or other similar instltut:on which is main tamed for the benefit rna nly of pcr5ons b~looging to the Hindu Community; (f) the establishment and maintenance of any educational institution which provides for encouragement of education 10 the Sanskrit language or the maintenance of any such educatio al institution owned or m;. naged by the Dcvaswom or in which the Devaswom has intere't; and \ (g) the making of any contribution to any religious instttution: ', \ Provided that nothing contained in clause (e) 5hall prevent the con,- tinuance of any grant or contribution to any poor home or other similar insu:' tution which 1s maintained by or for the benefit of per5ons other than those belonging to the Hindu community, if such grant or contribution was being made to such poor home or institution before the commencement of this Act as the customary practice associated with the Temple: Provided further that no expenditure shall be mcurred for any of the purposes mentioned in clauses (f) and (g) unless the same is sanctiOned by .\_ custom or practice a~sociated with the Temple. 28. Committee to be in possession of Dcvaswom properties-( I) The Com mHtee shall be entitled to take ami be in posse<;sion of all movable and immovable f;roperties including jcwclleries, records, documents and other assets belonging to the Devaswom. b9 (2) If in obtc.~.ining such p'1'>Sc~sion, th•~ Committee o1· any penon authonsed in this behalf by the Commiltec, or the Auministrato1 1::. re~J~ted or obstructed by any one, the Committee or the Administrator, as the case may be, may make a re tion in the pre•cribcd form to the Collector of -}UIS the district in whid1 aay ~ucn propcrt> is ~ltuatc to deliver po~ses~10n there of to the Committee or the Administrator, the case may be a~ (3) Where a requisition is made to the Collector under sub section (2), the Collector shall hold a summary inquiry mto the facts of the case and, 1f satisfied that the resistance or obstruction was without any just came, shall comply with the satd requisition; and m exe1cising the powers under this section, the Collector m ty use such force as may be necessary tr (4) Every person authorised by the Committee or acting under it~ instructions in pursuance of this section or the AdmC'-tstrator shall be deemed to be a public servant wi1htn the meanmg <il section 21 of the Indian Penal r"'. ./ Code (Central Act 45 of 1860). ~ ( 5) Nothing contained in th).s--cC'ti~n shall bar the institution of a suit by any person aggrieved by_ .An order m:tde thereunder for establishing his title to the propeny. ; 29. Protection of act1on tafr,tn m good faith -No suit, prosecution or other legal proceeding shall lie against the Government or the Commissioner or the COmmittee or any m)t'mber theteof or the Administrator or any oth~r person acting under ~€'" instructions of the Committee or authorised by it, for anything which Lin good fa th done or mtended to be done under thh Act or the rules Il}.fide thereunder. 30. Publzc ojj~cers to furmsh copies of or extracts from eertain documents.-All public officer~ having custody of any record, register, report or other docu ments relatir,g to the devaswom shall furnish such copies of or extracts from the same .~ m.1y be required by the Commis~ioner or the Committee. 31. v'ost of proceedings, etc.-The costs, charges and expenses of and incid , 1tal to any suit, appeal or apphcation to a court shall be in the discre tio9'"of the court, which may direct the whole or any part of such cost, cr..arges and expenses to be met from the property or income of the as Jbevaswom or to be borne and paid in such manner and by such persons /it thmks fit. Y 32. Notif&eatwns, orders, etc. not to be queJtloned in court oflaw.-Save as otherwhe expressly provided in this Act, nv no.ificat1on issued, order passed, => decision made, proceedings or action taken or other thing done under the provisions of th1s Act by the Government or the Commissioner shall be liable to be questioned in any court of law. 33. Power of Government to call forrecords and pass orders.-~ 1) The Govern ment may call lor and examine the record 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 70 appears to the Gov<>rnment tltat any deci,ton m· orucr pa~~erl in such proceeding has v:o!.tteu the provt~iom of tim Ad or ~~ not iu the mtcrcst of the they ma.y nndtly, annul or reverse decision oro der Deva~wom, ~uch ,, or remit dec1sion or order lor reconsideration : ~uch I' Provided that the Government shall not pas~ any order prejudicial to any party unles~ he has I <ld a reasona'>le opportunity of making t.is representation~. I (2) The Govt:rnment may stay the execution of any such decision ' \ or order pending the exercise of the1r powers under c;ubsection (I) m respect 'i l thereat: 34. Savtngs.-"l'ot hins in this Act shall, save as otherwise express! y I provided in Act o:::)the ruks thereunder, affect any honour, th1~ m:~.de emolument or perqmsite to which any person is entitlrd by custom or I otherwise from or in the Devas~om, or its established usage in regard to any I other matter. .. I ~ --""'- 35. Thantri to be fznal authmty in relzgzo"tu mat/rrs.-(1) Nothing in this Act shall be dcemecl to authorise the Comrrtittee or the Commissioner or the,Government to interfere with the religious &[ spiritual matters pertain- ing to the Devaswom. ·,, (2) The dectston of the Thantri of the Temple"o,n all relig10us, spiritual, ritual or ceremonial matters pertaining to the Devaxwom shall be final, unless such deci>ion V!Oiat<'' any provtsion contained in any law for the time being m force. '- 36. Removal of dzffuultzrr.-lf any difficulty arises in gi~~g effect to the provisions of this Act, the Govt:rmnent mav, a' occasion may, require, by order do anything not inconshtent with this Act 01 the rules ~~e there under, which appear' to them ne\cNuy for the purpose of ren~ving the di~ul~. ~ 37. Scheme framed for the Temple nfJt to apply.- The scheme frame~for the Temple by the H1gh Court of Madras in App::als Nos. 211 and 212 (\>~, 1930, as modified by the Distnct Court, South Malabar, m 0. S. No. I o't ' 1938, shall not apply to the Temple. . \., \ ' 38. Rules.-(l) The Government may, by notJficattOn m the Gazette, make rules to carry out the purposes of this Act. (2) In pa.rttcular, and wtthout prejudice to the generallty of the fore gomgpower,'such rule may provide for- (~) the pubhcat1on of the admm1stratwn report under ~ection 13; (b) the custody of the records and propert1cs of the Devaswom; , , (c) the payment of contnbutions towards th<! leave allowances, pensiOn and prov1dent fund of the Admm1strator; (d) any other matter whtch is required to be, or may be, prescnbed under th1s Act. 71 (3) Every rule made unde1 thr> Act shall be lard, as ,oon as may be after It IS made, before the Legislauve Assembly while It IS in scs~ion for a total penod of fourteen days which m 1y be compnsed in one session or in two successive sessiom, and If before t~e expiry of the sessiOn in which it is ~o laid or the sessron Immediately folluwmg, the Legislative Assembly makes. any modificatwn in the rule or decides th<tt the rule should not Le made, the .P rule shall the1 eafter have effect only m ~uch modified form or be of no effect, as the may be, however that any mod1ficatwn or annulment ca~r ~o ~uch ~hall be wnhout preJUdice to the vahd1ty nf anything previomly done under that rule. 39.-Regulatwns. - ( l) Thr Comm1ttcr 111.1/, subject to the appro· al of D. the Government, make regulations not mcumi> enL With the p. oviswm of this Act and the rules made thereundrr, ·to p~rlc for the manner m which tre 1mposcu on It under th1s Ac.. ,l•-:.d Its functiOns thereunder dutie~ shall be discharged. _,... / (2) In particular' and withOJf-:-.'PJ e]UC!tce to the generality or the fore going power, ~uch regulations may provide for- (a) the conditions of ;~er> ice of the Aclmmistrator and the other 1 ofhcers and emplo)'ees of the Devaswom; (b) enforcement of-'the ubservance of the rites and ceremonies and other usages ~n the Temple and the Temples subordinate theiclo, /. (c) any oti";(.r mat tel' for which regulatiOn'> arc required to be made fo1 the j.Jurposes of thiS Act. 40. Madras A~t XIX of 195lnot to apply to Devaswom.-The provisions ol the Madras/ Hmdu Religiuus and Chantable Endowments Act, 1!:151, (Madras Act XIX of I951 ), shall cease to apply to the Devaswom. ,41 Repeal and valzdatzon.-(l) The Guruv.tyoor Devaswom Act, 1971 (6 of l9JX) heremafre1 teferred to <~S the said Act. IS he1eby repraled. (21j Notwitrstandmg the epeal of the said Ace, all orders passed or t pur~b1 ted to have been passed, decJ>Ions made or purporteJ to have been m,_tJ.e, ptoceedmgs or actions taken or pu1 ported t have been taken md 1 t,hings done purporte l to have been done by the Sree Guruva}oor Jcva- Of 1 (swom Manctging Committee or the AdminiS!rator or the Renovation Exe "if':)cutive Commtttee under the >aid Act shall, m so far as they are not incon- - sistent with the p·ovisions ofthts Act, be deerred to have been passed, made, . taken or done by the appt opriate au tho: 1t y .mder th1) Act as if th1~ Act we1e in force on the da1e; on which such orders, decisions, proceedmgs, ~ actrons and thing~ were pas~ed, made, taken or done or purported to have been passed, made, taken m done. 42. Commttlee to be successo' of Renovation Executwe Cammzttee. -Notwith standing the repeal of the saiu Act by section 41, the Gu1 uvayoor Devaswom Managmg Committee constituted under this Act shall for all purposes be deemed to he the succe~nr of the Renovation Executive Commtttec approved <~.nd recognised by the Government under the said Act. 72 43. Repeal and saving.-(1) The Guruvayoor Devaswom Ordmance, or 1977 (25 1977), 11 hereby repeated. (2) Notwithstanding such repeal, anything done deemed to have 01 been done or any action taken or deemed to have been taken under the said Ordinance shall be deemed to hwe been done or taken under this Act. --- '-' ' \ ' \ ~' - \ ·. ' " ' ' ' " '• ' ' ' \ '\. ' . ~ \ ' - ' \ \ ...... "\ ' ' " ' ' ' ~\ ' '