THE BOMBAY PREVENTION OF EX-COMMUN1CATION ACT, 1949

BOMBAY ACT No. XLII OF 19492

[ November, 1949]

An Act to prohibit ex-communication in the State of Bombay

WHEREAS it has come to the notice of Government that the practice prevailing in certain communities of ex-communicating its members is often followed in a manner which results in the deprivation of legitimate rights and privileges of its members

AND WHEREAS in keeping with the spirit of changing times and in the public interest, it is expedient to stop the practice; It is hereby enacted as follows

SECTION 01: SHORT TITLE AND EXTENT

(1) This Act may be called the Bombay Prevention of Ex-communication Act, 1949.

1[(2) It extends to the whole of the State of Bombay.)

SECTION 02: DEFINITIONS

In this act, unless there is anything repugnant in the subject or context,—

(a) “community” means a group the members of which are connected together by reason of the fact that by birth, conversion or the performance. of any religious rite they belong to the same religion or religious creed and includes a taste or sub-caste

(b) “ex-communication” means the expulsion of a person from any community of which he is a member depriving him of rights and privileges which are legally enforceable by a suit of civil nature by him or on his behalf as such member;

Explanations :—For the purposes of this clause a right legally enforceable by a suit Of civil nature shall include the right to office or property or to worship in any religious place or a right of burial or cremation, notwithstanding the fact that the determination of such right depends entirely on the decision of the question as to any religious rites or ceremonies or rule or usage of a community.

1. This sub-section was substituted for the original by Born. 2 of 1960, S: 4.

SECTION 03: EXCOMMUNICATING NOT TO BE VALID AND OF ANY EFFECT

Notwithstanding anything contained in any law, custom or usage for the time being in force, to the contrary, no ex-communication of a member of any community shall be valid and shall be of any effect

SECTION 04: PENALTY

Any person who does any act which amounts to or is in furtherance of the ex-communication of any member of a community shall, on conviction be punished with fine which may extend to one thousand rupees.

Explanation: When any person alleged to have committed an offence under this section is a body or an association of individuals, whether incorporated or not, if the offence is alleged to have been committed at a meeting of such body or association, any individual who has voted in favour of the decision regarding the excommunication shall be deemed to have committed the offence.

SECTION 05: JURISDICTION UNDER THIS ACT

Notwithstanding anything contained in the code of criminal Procedure, 1898, no court inferior to that of a presidency Magistrate or a Magistrate of the First Class shall try offence punishable under section 4

SECTION 06: MODE OF TAKING COGNIZANCE OF OFFENCE

No court shall take cognizance of an offence punishable under section 4

(a) after the expiry of one year from the date on which the offence is alleged to have been committed, and

(b) without the previous sanction of the State Government or any officer authorised by the State Government not below the rank of the Commissioner of Police in any, area for which a, Commissioner of police has been appointed and the District Magistrate elsewhere.