Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com BOMBAY DEVADASIS PROTECTION ACT, 1934 10 of 1934 [] CONTENTS 1. Short title and extent 2. Definitions 3. Illegality of dedication of a woman as a devadasi 4. Marriage by a devadasi 5. Penalty 5A. Offence to be cognizable 5B. Protection of persons acting in good faith 6. Release of land from liability for performance of service 7. Power to make role BOMBAY DEVADASIS PROTECTION ACT, 1934 10 of 1934 [] An Act to protect devadasis and to prevent the dedication of women to Hindu deities, idols, objects of worship temples and religious institutions in the 1[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 2[State of Bombay]: AND WHEREAS such practice, however ancient and pure Its origin, now leads such women to a life of prostitution: AND WHEREAS it is now desirable and expedient to end such practice, wherever it exists in the 3 [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 the passing of this Act: (5 and 6 Geo. V c. 61). It is hereby enacted as follows:- 1. Short title and extent :- (1) This Act may be called the Bombay Devadasis Protection Act, 1934. 1[(2) It extends to the whole of the 2 [State of Gujarat]. 1. Substituted by Bombay 34 of 1958. 2. Substituted by Gujarat A.O. 1960. 2. Definitions :- In this Act, unless there is something repugnant in the subject or context,- 1 [(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. 1. Inserted by Bombay 34 of 1958. 3. 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 1 [or act] is hereby declared unlawful and to be of no effect, any custom or rule of Hindu Law to the contrary not withstanding. 1. Substituted by Bombay 34 of 1958. 4. 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. 5. Penalty :- Whoever, other than the woman to be dedicated, performs, permits, takes part in or abets the performance of, any ceremony 1 [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. 1. Inserted by Bombay 20 of 1950. 5A. Offence to be cognizable :- The offence punishable under Section 5 shall be cognizable. 5B. Protection of 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]. 6. 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 and VII of 1863), and the Exemptions from Land-revenue (No. 2) Act, 1863, or rules made thereunder 1[or under any law for the time being in force], or the terms of any grant made or sand issued by 2[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 3[the State Govemment]. 4 [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]. 1. Inserted by Bombay 34 of 1958. 2. Substituted by Adaptation of Indian Laws Order in Council. 3. Inserted by Bombay 20 of 1950. 4. Inserted by Bombay 20 of 1950. 7. Power to make role :- (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 1[before the Legislature of the State] at the session thereof next following and shall be liable to be modified or rescinded by a resolution 2[passed by the Legislature], and such rule shall, after notification in the Official Gazette, be deemed to have been modified or rescinded accordingly. 3 [x x x] 1. Inserted by Bombay 20 of 1950. 2. Inserted by Bombay 34 of 1958. 3. Substituted by Adaptation of Indian Laws Order in Council.