The Gujarat Hindu Places of Public Worship ( Entry Authorization ) Act, 1956. 1 of 4 GOVERNMENT OF GUJARAT LEGISLATIVE AND PARLIAMNETARY AFFAIRS DEPARTMENT Bombay Act No. XXXI of 1956 The Gujarat Hindu Places of Public Worship ( Entry Authorization ) Act, 1956. (As modified upto the 30th September, 2012) The Gujarat Hindu Places of Public Worship ( Entry Authorization ) Act, 1956. 2 of 4 [1956: Bom.XXXI THE GUJARAT HINDU PLACES OF PUBLIC WORSHIP (ENTRY AUTHORIZATION) ACT, 1956. CONTENTS. PREAMBLE. SECTIONS.
1. Short title, extent and commencement.
2. Definitions.
3. Throwing Open of Hindu temples to all classes and sections of Hindus.
4. Penalty.
5. Abetment of offences
6. Limitation of jurisdiction of civil courts.
7. Offences to be cognisable and compoundable.
8. Saving of Act XXII of 1955 and other laws. The Gujarat Hindu Places of Public Worship ( Entry Authorization ) Act, 1956. 3 of 4 BOMBAY ACT NO. XXXI OF 19561 [THE GUJARAT HINDU PLACES OF PUBLIC WORSHIP (ENTRY AUTHORIZATION) ACT, 1956.] [28th May, 1956 ] Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956. Amended by Bom 36 of 1958. Adapted and modified by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. An Act to make better provision for the throwing open of places of public worship to all classes and sections of Hindus. WHEREAS it is expedient to make better provision for the throwing open of places of public worship to all classes and sections of Hindus; It is hereby enacted in the Seventh Year of the Republic of India as follows: -
1. (1) This Act may be called the 1a[Gujarat] Hindu Places of Public Worship (Entry Authorization) Act, 1956. 2[(2) It extends to the whole of the 3[State of Gujarat]].
(3) It shall come into force 4[in the Bombay area of the State of Gujarat] on such date as the State Government may, by notification in the Official Gazette 5[appoint and in that part of the 6[State of Bombay] to which it is extended by the Bombay Hindu Places of Public Worship (Entry Authorization) (Extension) Act, 1957, it shall come into force on such other date as the State Government may, by notification published in the like manner, appoint].
2. In this Act, unless the context otherwise requaires,-
(a) "Place of public worship" means a place whether a temple or by any other name called, to whomsoever belonging which is dedicated to or for the benefit of, or is used generally by, Hindus, Jains, Sikhs or Buddhists or any section or class thereof, for the performance of any religious service or for offering prayers therein; and includes all lands and subsidiary shrines appurtenant or attached to any such place, and also any sacred tanks, wells, springs and water courses the water of which are worshipped, or are used for bathing or for worship;
(b) ''section" or "class" of Hindus includes any division, sub-division, caste, sub-caste, sect or denomination whotsoever of Hindus.
3. Notwithstanding any custom, usage or law for the time being in force, or the decree or order of a court, or anything contained in any instrument, to the contrary, every place of public worship which is open to Hindus generally, or to any section or class thereof, shall be open to all sections and classes of Hindus; and no Hindu of whatsoever sections or class, shall in any manner be prevented, obstructed or discouraged from entering such place of public worship, or from worshipping or offering prayers thereat, or performing any religious service therein in the like manner and to like extent as any other Hindu of whatsover section or class may so enter, worship pray or perform.
4. (1) Whoever in contravention of section 3—
(a) prevents any person belonging to any class or section of Hindus from entering, worshipping or offering prayers, or performing any religious service in any Hindu temple which is used as a place of public worship, or
(b) moleste, injures, annoys, obstructs, or causes or attempts to cause obstruction to, or by the threat of molestation injury annoyance or obstruction, overawes or discourages any such person doing or performing any of the acts aforesaid, Short title, extent and commencement. Bom. XXX-VI of
1958. Definitions. Throwing open of Hindu temples to all classes and sections of Hindus. Penatly. The Gujarat Hindu Places of Public Worship ( Entry Authorization ) Act, 1956. 4 of 4 shall, on conviction, be punished with imprisonment which may extend to six months or with fine which may extend to five hundred rupees, or with both.
(2) Nothing in this section shall be taken to relate to offences relating to the practice of "untouchability".
5. Whoever abets any offence under this Act, shall be punished with the punishment provided for the offence.
6. No civil court shall entertain or continue any suit or proceeding or shall pass any decree or order, or execute wholly or partially any decree or order, if the claim involved in any such suit or proceeding, or if the passing of any such decree or order or if such execution would in any way be contrary to the provisions of this Act.
7. Notwithstanding anything contained in the Code of Criminal Procedure, 1898, every offence under this Act shall be cognizable, and every such offence may, with the permission of the court, be compounded
8. The provisions of this Act shall not be taken to be in derogation of any of the provisions of the Untouchability (Offences) Act, 1955, or of any other law for the time being in force relating to any of the matters dealt with in this Act. ------------------------------ 1 For Statement of Objects and Reasons, see Bombay Government Gazette, Extraordinary, 1956, Part V, P. 191. 1a The word “Gujarat” was substituted for the word “Bombay” by Guj. 15 of 2011, s. 3. This Act was extended to that part of the State of Bombay to which, immed iately before the commencement of Bom. 36 of 1958, it did not extend (vide Bom. 36 of 1958, s. 2). 2 This sub-section was substituted for the original by Bom. 36 of 1958, s. 3 (a). 3 These words were substituted for the words "State of Bombay" by Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 4 These words were substituted for the words "in the pre-Reorganisation State of Bombay", ibid ? 5 These words were substituted for the word "appoint" by Bom. 36 of 1958, s. 3 (b). 6 These words shall stand unmodified, by Bom. 36 of 1958. Abetment of offences. Limitation of jurisdiction of civil courts. V of 1898. Offences to be cognizable and compoundable. Saving of Act XXII of 1955 and other laws XXII of 1955.