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Acts of Adrr 1mstrator not to be mvahdated 31 Certam nghts and pnv!leges of Kaunal not to be affected 32 Savings 33 Removal of dlf'ficultles 34 Repeal and savmg Schedule I Schedule II • '! 43 THE KOODALMANlCKAM DEVASWOM ACT, 1971"' (Act 7 of 1971) An Act to mal{e provision for the proper administration of the Koodalmamckam Devaswom in Irinjalakuda Preamble.-WHEREAS the Koodalmamckam Temple m It mplukudc1 I!:> a very anctent temple of umque Importance whtch owns extensive propert1es and endowments, AND WHEREAS under the ProclamatiOn Issued by lhs Il1ghness the RaJa of Cochm on the 30th Nove•nber, Hll7 and the !>Cherne of management Issued under that ProclamatiOn, lhe Jdmm1stratwn, cont~·ol and management of the Devaswom have b~t!n vested m the Thachudaya Kaimal AND WHEREAS the admtmstrahon and management of the Devaswom by the Thachudaya Kaimal have dctenordted and .J. situatiOn has ansen rendenng It expedient -to re-orgamse, m the mterests of the general public, the scheme of manage- ment of the affairs of the Devaswom and to prov1de better admml!:>trdtJOn therefor In supersessiOn of all prevwus laws ' and arrangements applicable thereto , ~ BE It enacted m the Twenty-second Year of the Hepublic oi Ind1a c1s follows - CHAPTER I PRELIMINARY 1 Short title and commencement.-(1) This Act may be called the Koodalmamckam Devaswom Act, 1971 (2) It shall be deemed to have come mto force on the <Jth day of March, 1971. 2 Definitions.-In this Act, unless the context otherwise reqUires,- ( a) "Adnum~trator" means the Admm1strator appomted ~ under section 14; (b) 'Committee means the Koodalmamckam Devaswom Managmg Committee constttuted under sectwn 3 ; • • Published m the Gazette ~xtnwrdmary No. 221, dated 22n•J Apnl, 1971. 44 (c) "Devasw-:>m'' means the properties and endowments. and attached to 1t, Temple. and includes It:> lhe subordmate temples (d) "Kaunal · .neans the person appomted :o be the Thachudaya Ka1mal of the Koodalmamckam Devaswom m ac- cordam:e with accepted custom ; (e) "Prescnbed" means prescnbed by rules made under tl11S Act, (f) ' T(>mplP" means the Koodalmamckam Temple m IrmJalakuda , (g) "Temple Fund'' means the Sree Koodalmamckam Temple Fund cons1Jtuted under sectiOn 23 CHAPTER II THE COMMITTEE 3 Incorporation.-- (1) The admimstrdtJon, control and mana!5 ... mer.t .-,£ the Devaswom shall be vested m a Committee conc::tJtuted m the manner heremafter prov1ded (2) The Comm1ttee shall be the name of the "Koodc~l mamckam Devaswom Ivianagmg Committee" be a body cor- porate and shall have perpetual successiOn and a common seal and shall by the sa•d name sue and be sued through the Ad- mmtstrator. 4 Composition of Committee.-(!) The Committee shall consist of the followmg members, namely:- (a) the Kaimal, who shall be the Chairman · Provided that if the Ka1mal 1s unable to functiOn as the Chairman for any reac;on or the office of the Ka1mal falls vacant, the Government may nommate any person professmg the Hmdu religiOn to be the Chairman for the penod durmg which the Ka1mal IS unable to functiOn as Chairman or tiLe office 1s vacant, as the case may be, subJect to a maxi- mum penod of three years ; (b) the Adtmmstrator, ex officio; {c) the CommiSSIOner of Hmdu Rel1gwus and Chdn- table Endowments appointed under the Madras Hmdu Reh- gwus and Chantable Endowments Act, 1951 (Madras Act x.IX of 1951), ex officio; 45 (d) the President of the Cochin Devaswom Board. ex officio ; (e) the D1stnct Collector, Tnchur, or 1f he 1s not a person professmg the Hmdu rehg1on, any officer professmg the Hmdu rehg1on and not below the rank of Deputy Collector nommated hy the D1stnct Collector m th1s behalf, ex officio; (f) four persons professmg the Hmdu rehgwn nomi- nated by the Government (2) A person ->hall be d1squahfied for bemg nommated as Cha1rman under the prov1so to clause (a) of sub-sectwn (1) or as member under clause (f) of that sub-section, if he 1s ~ubject to any of the disquahficatwns mentioned m clauses (a), (b) and (c) of sub-section (3) of sectwn 5. 5 Term of office of non-official members, resignation and removal of such members and casual vacancies in their office.- (1) A member nommated under clause (f) of sub-sectiOn (1) of section 4 shall hold office for a period of three years from the date of h1s nommatwn and shall be ehg1ble for re-nommatwn. (2) The Cha1rman nominated under the prov1so to clause (a) of sub-sectiOn (1) of sectwn 4 or a member referred to m sub-sectwn (1) may resign h;s office by glVmg not1ce 111 wnt- ing 1 hereof to the Government and shall cease to be the Cha1rman or member, as the case may be, on the res1gnatwn bemg accepted by the Government (3) The Government may, by order, remove from office the Cha1rman or a member referred to 111 sub-sectwn (2) If- . (a) he IS of unsound mmd and stands so declared by a competent court; or (b) he has applied for bemg adJudged an msolvent, or Is an undischarged insolvent, or (c) he has been conv1cted of any offence 111volv111g moral tuq)ltud~ , or (c1) he has been guilty of corruptwn or misconduct m the aclmmJ::.tratwn of the Devaswom, or (e) hiS presence 111 the Committee IS, 'n the rJpimon of th~ Government, preJudicial to the mterests of the D~vaswom, or 46 (iJ he has absented himself for more than three conse- cutive meeting~ of the Committee and IS unable to explam such absence to the sat1sfact10n of the Committee ; or (g) he, bemg a legal practltwner, has acted or appeared on behalt of any person agamst the Devaswom 1n any legal proceedmg; or (h) he ceases to profess the Hindu rel1gwn (4) The Cha1rman or a member shall not be removed under sub-sectwn (3) unless he has been given a reasonable opportumty of showm,g cause agamst h1s removal (5) An order of the Government under sub-sectiOn (3) shall be final and shall not be ltable to be questioned m any court of law (6) The term of office of a member appomted to fill a casual vacancy shall be for so long only as the member whose place has been filled would have been entltled to hold office 11 the vacancy had not occurred