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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 WHEREAS, the admmtstrattOn and management by the 1 hachudaya 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 WHEREAS, the Koodalmamckam Devaswom Act, 1971, was enacted to prov1de better management of the Devaswom 10 supersession of all prev1ous laws and arrangements apphcable thereto, AND WHEREAS, Ongmal Petrtton No. 21R2 of 1986 was filed before the Htgh 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 WHEREAS, the operative porttons of the Guruvnyoor Devaswom 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 WHeREAS, 1t ts apprehended that the same sttuatlon whtch had 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, AND WHEREAS, 1t as dccaded to enact a law. to prov1de, m the pubhc mtcrest 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 I ! 32 BE 1t enacted m the Ftfty-stXth year of the Republic of lndta as follows·- CHAPTER I PRELIMINARY Short tllle and Commencement- ( 1) This Act may be called the 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 sect10n 14, (b) "CommiSSIOner" means an officer not below the rank of the Secretary to Government, who professes the Hmdu Rehg10n and beheves m 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, '\ (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, (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, (h) "Prescnbed" means prescnbcd by rules made under th1s Act, (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 - - I I I ~ I ..........- I J ( J I I j .I 'p:-) I . I j ,., ~~ I ( ~ r 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 Commtttee 11 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·- "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