BOMBAY DEVADASIS PROTECTION ACT, 1934

10 of 1934

15th October 1934

An act to protect devadasis and to prevent the dedication of women to Hindu deities, idols, objects of worship temples and religious institution in the [state of Bombay] whereas the practice of dedicating women as devadasis to Hindu deities, idols, objects of worship, temples or other religious institutions exists in the [state of Bombay];and whereas such practice, however ancient and pure its origin, now leads such women to life of prostitution; and whereas it is now desirable and expedient to end such practice, wherever it exists in the [state of Bombay]; and whereas the previous sanction of the governor general required by section 80a(3) and-of the governor required by section 80c of the government of India act have been obtained for passing of this act; it is hereby enacted as follows:-

SECTION 01: SHORT TITLE AND EXTENT

(1) This Act may be called the Bombay Devadasis Protection Act, 1934.

[(2) It extends to the whole of the [State of Maharashtra].

SECTION 02: DEFINITIONS

In this Act, unless there is something repugnant in the subject or context,-

[(aa) "Collector" includes a Deputy Commissioner:

(a) "devadasi" means any unmarried woman who is dedicated to any Hindu deity, idol, object of worship, temple or other religious institution:

(b) "temple" means a place by whatever designation known, dedicated to, or used by, the Hindu community, or any section thereof as a place of religious worship: and

(c) "woman" means a female human being of any age.

SECTION 03: ILLEGALITY OF DEDICATION OF A WOMAN AS A DEVADASI

The performance of any ceremony [or act] intended to dedicate or having the effect of dedicating a woman as a devadasi, whether such woman has or has not consented to the performance of such ceremony [or act] is hereby declared unlawful and to be of no effect, any custom or rule of Hindu Law to the contrary not withstanding.

SECTION 04: MARRIAGE BY A DEVADASI

No marriage contracted by a woman shall be invalid and no issue of such marriage shall be illegitimate by reason of such woman being a devadasi, any custom or rule of Hindu Law to the contrary notwithstanding.

SECTION 05: PENALTY

Whoever, other than the woman to be dedicated, performs, permits, takes part in or abets the performance of, any ceremony [or act] referred to in section 3 - shall, on conviction, be punishable with imprisonment of either description for a term which may extend to one year, or with fine or with both.

SECTION 05A: OFFENCE TO BE COGNISABLE

The offence   punish­able under section 5 shall be cognisable.

SECTION 05B: PROTECTION, THE PERSONS ACTING IN GOOD FAITH

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.]

SECTION 06: RELEASE OF LAND FROM LIABILITY FOR PERFORMANCE OF SERVICE

(1)Notwithstanding any adjudication or settlement made under the Bombay Rent-free Estates Act, 1852 (XI of 1852), the Exemptions from Land-revenue (No. 1) Act, 1863 (Bom. II & VII of 1863), and the Exemptions from Land-revenue (No. 2) Act,

1863, or rules made there under [or under any law for the time being in force], or the terms of any grant made or sand issued by [or on behalf of the [Government]], when lands are assigned as emoluments for the performance by a devadasi of any services as such the Collector shall, after holding such inquiry as may be prescribed, by order in writing, direct that the land shall be released from liability for performance of such services and that there shall be paid by the holder of such land in lieu of such services such 'rent as the Collector shall determine in the prescribed manner:

Provided that if a woman who is a devadasi at the time when this Act comes into force, is the holder of such land or performs services as a devadasi for which such land is assigned and appears at such inquiry or gives notice in the prescribed manner and objects to the release of the land and the payment of rent under the provisions of this section the Collector shall pass order directing that the land shall not be released and rent shall not be payable under this section during the lifetime of such devadasi.

(2) Rent directed to be paid under sub-section (1) shall, when the performance of such services is for the benefit of a Hindu deity, idol, object of worship temple or other religious institution, be payable by the holder to or on account of such deity, idol, object of worship, temple or other religious institution and in other cases to [the State Government].

[Explanation.-"Land" includes benefits to arise out of the land and things attached to the earth or permanently fastened to anything attached to the earth, and also shares in, or charges on the revenue or rent of villages or other defined portion of territory].

SECTION 07: POWER TO MAKE RULES

(1) The State Government may make rules generally for the purpose of carrying out the provisions of this Act and in particular for the manner in which the Collector shall hold an inquiry and determine the rent under section 6- and the manner in which notice of objection shall be given under the said section.

(2) The rules to be made under this section shall be subject to the condition of previous publication.

(3) Rules made under this section shall be laid [before the Legislature of the State] at the session thereof next following and shall be liable to be modified or rescinded by a resolution [passed by the Legislature], and such rule shall, after notification in the

Official Gazette, be deemed to have been modified or rescinded accordingly.

Provided that when, in the opinion of the State Government], such modification or rescission is likely to defeat or frustrate any of the purposes of the Act, the [State] Government] may, by notification in the [Official Gazette], declare that the modification or rescission shall have no effect, and thereupon the rule shall remain in force as if it had not been modified or rescinded.

THE BOMBAY DEVADASIS PROTECTION RULES, 1959

G.N.,L- & S.W.D., No. INT.   1558-M, dated 5th May, 1959 (B. G , Pt. IV-B, p 705)

Amended by Corrig., L. & S.W.D.,  No. INT. 1058-M,  dated 11th December, 1959 (B.G., Pt. 1V-B, p. 1642)

In exercise of the powers conferred by sub-sect ion (1) of section 7 of the Bombay Devadasis Protection Act, 1934 (Bom. X of 1934), the Govern­ment of Bombay hereby makes the following rules, namely :—

1.    Short title and   extension — (1) These   rules   may he called the Bombay Devadasis Protection Rules, 1959.

(2)   They extend to the whole of the State of Bombay.

2.    Definitions :—In these rules —

(a)    'Act' means the Bombay Devadasis Protection Act, 1934 ;

(b)    'Form' means a form appended to these rules ;

(c)    'Section' means a section of the Act.

3.    Notice of inquiry :— Where a   Collector has reason to believe that

any land is assigned as emoluments for the performance by a Devadasis of any services as such he shall appoint a day for holding an inquiry under section 6 and shall serve on the holder of the land a notice in Form A calling upon her to appear on the appointed day in person or by duly authorised agent.

4.    Notice of  inquiry   how   to be served :— The  notice under   rule  3 shall be served either by tendering or delivering a copy thereof to the holder concerned or the agent of such holder, if any, or by fixing a copy thereof to some conspicuous place on the land concerned or some  conspicuous part of the temple in which the service is performed.

5.    Manner of recording evidence :—On   the   appointed   day   or on such other day to which the inquiry may   from   time   to time be adjourned by him, the  holder shall appear in person or by her  duly  authorised agent before the Collector  and the Collector shall   hold an   inquiry   according to the procedure laid down in any law   for the   time being   in force relating to land revenue in the following matters, namely : —

(1) whether the land is assigned for emoluments for the performance by a Devadasi of any services as such;

(2)   what is the amount of rent   payable in respect of the land on its release from the performance of such services ;

(3)    if the holder has objected to the release   of the   land   from   the performance of such services, whether  the   holder was   a   Devadasi   on or before the 15th October, 1934 in any   of   the   areas   comprised in  the pre-Reorganisation State of Bombay   excluding   the   transferred territories and elsewhere, on or before the *[10th April, 1958] ; and

(4)    such other matters as he thinks relevant for  the  purposes of sec­tion 6.

6.    Issue of order after inquiry by Collector :—(1) Subject to the pro­visions of the sub-rule (3), after such  inquiry   the   Collector   shall,   if he is satisfied that the land is assigned as emoluments   for   the   performance by a Devadasi of any services as such,   by   order   in writing, direct that the land shall be released from such liability, shall determine the rent   due   in respect of such land and shall direct that such rent shall be paid by   the   holder   of the land for the benefit  of the   deity,   idol,   object  of  worship,   temple or religious institution or to the State Government, as the case may be, or

(2)    If the holder objects   to the   release of   the land   from the per­formance by her of services as such or gives   notice to the Collector in Form B and if the Collector is satisfied that the holder was a Devadasi on or before the 15th October, 1934 in any of the areas comprised in the  pre-Reorganisa-tion State of Bombay excluding   the  transferred   territories, and   elsewhere, on or before the *[10th day of April, 1958] the Collector shall direct that the land be not released from the  performance of such services   and the rent be not payable under sub-rule (1) during the life-time of the said holder.

(3)    Notwithstanding anything contained  in sub-rule (I),   the Collector may, from time to time, if circumstances so require,   revise the   amount of rent determined under sub-rule (1).

7.    Determination of rent—In determining  the  amount  of rent  pay­able under   rule 6 the   Collector   shall   take into   consideration   the   rent ordinarily paid by tenants of lands of similar description in the locality.

8.    Repeal—The   Bombay Devadasis  Protection  Rules, 1936,  as in force in the pre-Reorganisation State of Bombay, excluding   the   transferred territories, are hereby repealed :

Provided that anything done or action taken (including any order made) under the rule so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.