(1) 2[The Commissioner, or an Additional] or a Joint or a Deputy or an Assistant Commissioner or any officer authorized by the Commissioner or 3[Additional Commissioner or Joint Commissioner or Deputy Commissioner or] the Assistant Commissioner in his behalf shall have power to enter the premises of any place of worship for the purpose of exercising any power conferred or discharging any duty imposed by this Act, or the rules made thereunder.
1. Substituted for the words a “Deputy or an Assistant Commissioner” by Tamil Nadu Act 38 of 1995.
2. Substituted for the words a “Deputy or Assistant Commissioner” by Tamil Nadu Act 38 of 1995.
3. Sub-section (3) was omitted by Tamil Nadu Act 19 of 1968.
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(2) If any such officer is resisted in the exercise of such power or discharge of such duty, the Magistrate having jurisdiction shall, on a written requisition from such officer direct any police officer not below the rank of Sub- Inspector to render such help as may be necessary to enable the officer to exercise such power or discharge such duty.
(3) Before entering the sanctum sanctorum or pooja gruha or any other portion held specially sacred within the premises of a religious institution or place of worship, the person authorized by or under sub-section (1) or the police officer referred to in sub-section (2), shall give reasonable notice to the trustee or head of the institution and shall have due regard to the religious practice or usage of the institution.
(4) Nothing in this section shall be deemed to authorize any person who is not a Hindu to enter the premises or place referred to in this section or any part thereof.
(5) If any question arises, whether the religious practice or usage of the institution prohibits entry into the sanctum sanctorum or pooja gruha or any other portion held specially sacred within the premises of a religious institution, or place or worship, by the person or police officer mentioned in sub-section (3), the question shall be referred for the decision of the Commissioner. Before giving any decision on any such question, the Commissioner may make such enquiry as he deems fit.
1. Substituted for the words “Deputy or Assistant Commissioner” by Tamil Nadu Act 38 of 1995.
2. The brackets and figures “(3)” were omitted by section 8(ii) of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1968 (Tamil Nadu Act 19 of 1968).
3. These words were substituted by Tamil Nadu Act 39 of 1996 for the words “the Temple Administration Board” which in turn were substituted for the words “the Commissioner” by Tamil Nadu Act 46 of 1991.
4. These words were substituted for the words “religious endowments” by section 2(i) of the Tamil Nadu Hindu Religious and Charitable Endowments (Fourth Amendment) Act, 1974 (Tamil Nadu Act 28 of 1974).
5. These words were substituted for the words “all religious endowments” by section 2(ii) ibid.
6. These words were substituted for the words “such endowments” by section 2(ii), ibid.
7. This proviso was added by section 2(b) ibid.
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(6) Any person aggrieved by the decision of the Commissioner under subsection (5) may, within one month from the date of the decision, appeal to the Government.
Provided that the Government shall not pass any order prejudicial to any party unless he has had a reasonable opportunity of making his representations.]