Invalidation of Hindu Ceremonial Emoluments Act, 1926

Invalidation of Hindu Ceremonial Emoluments Act, 1926

The Invalidation of Hindu Ceremonial Emoluments Act, 1926

Bombay Act No. 11 of 1926

MH112

[13th October, 1926]

For Statements of Objects and Reasons, see Bombay Government Gazette, 1925, Part V, p. 488; for Report of the Select Committee, see Bombay Government Gazette, 1926, Part V. pp. 81-83; and for Proceedings in Council, see Bombay Legislative Council Debates, 1925, Vol. XVI, and 1926, Vols. XVII and XVIII.

An Act to amend the law relating to the emoluments claimable by hereditary Hindu priests.

Whereas it is expedient to amend the law relating to the emoluments claimable by hereditary Hindu priests and whereas the previous sanction of the Governor General required under section 80-A(3) of the Government of India Act has been obtained for the passing of this Act; It is hereby enacted as follows:-

1. Short title. - This Act may be called the Invalidation of Hindu Ceremonial Emoluments Act, 1926.

2. Extent and commencement. - (1) This Act shall apply to the whole of the Presidency of Bombay.

(2) It shall come into operation on the first day of April 1928.

3. Definitions. - In this Act-

"Ceremonial emoluments" means all perquisites, fees and any other dues claimable by any person for religious ceremonials, on account of his being a hereditary priest or an alienee from a hereditary priest.

4. Right to claim ceremonial emoluments. - No person shall be entitled to claim, as a matter of right, any ceremonial emoluments from any Hindu who does not call in the services of the persons claiming those emoluments.

5. Hereditary priest may be relieved of his obligation to perform services. - After this Act comes into operation -

(i) every hereditary priest who holds no inam land or receives no cash allowance as remuneration for the performance of his services to the village shall be deemed to be relieved of his obligation to perform such services when required by any villager to officiate or to provide a substitute to officiate at any religious ceremony in the village.

(ii) a hereditary priest who holds inam lands or receives a cash allowance as remuneration for the performance of his services shall, at his option, on written application to the Collector, be relieved of his obligation to perform such services when required by any villager to officiate or to provide a substitute to officiate at any religious ceremony in the village if he agrees to pay full revenue assessment on his inam lands or as the case may be, to forego his cash allowance;

Provided that such option shall be allowed to be exercised once only in the case of each inam grant.

6. Extent to which rights of hereditary Hindu priest or his alience affected under the Act. - Nothing in this Act shall affect the rights of a hereditary Hindu priest or an alience from such priest to the inam lands or cash allowance attached to his office for the performance of any service pertaining to it, except to the extent specified herein.