Travancore Cochin Hindu Religious Institutions Act, 1950 and formation of
Devaswom Boards - An overview
The Hindu temples in the State of Travancore were mostly under private management called Ooralars or Karakars. When those bodies were found mismanaging the institutions, Col. Munro decided in 987 ME (1811-1812 AD) that the State should assume control over them and therefore the Government assumed the management of these temples with their properties movables and immovables. With a view to secure better efficiency in the management and control of the Devaswoms, M/s. Chempakaraman Pillai and N. Rajaram Rao were deputed in July 1905 to investigate the question of regulating their expenditure both as regards 'pathivus' and as regards the purificatory ceremonies. As the information collected by these officers was merely of a preliminary character, Mr. M.K. Ramachandra Rao, a Puisne Judge of the High Court was, in May 1907, placed on special duty to make a more detailed investigation into the affairs of the Devaswams and to formulate proposals which would enable the Government to secure a more efficient management and control. Thereafter the Government appointed a mixed Committee of Hindus and non-Hindus to consider and report upon the exact character of the assumptions of those Devaswoms, the feasibility of separating their administration from the Land Revenue Department and the nature and cost of the additional staff that might be necessary if the organisation of a separate department be deemed desirable. The Committee, in their report recommended that the administration of the Devaswom should be separated from the Land Revenue Department and entrusted to a distinct agency. The members of the Committee differed in one respect. While the majority held the view that the State being a Soverign Proprietor is legally accountable to none for their management. The dissenting member was of the opinion that the assumption extended only to management, thereby constituting the State as a trustee of the Devaswoms and that as the State has mixed up the trust property with its own, the entire expenditure in connection with the Devaswoms, however large, is a legitimate charge upon its general revenue. The Government of Travancore after taking necessary legal opinion came to the conclusion that the State's assumption of these Hindu Religious Institutions in the days of Col. Munro was an act done in the exercise of the traditional right of 'Melkoima' inherent in the Hindu Sovereigns of the State and that it was not an act of confiscation. The Government therefore were under the undoubted obligation to maintain the Devaswoms for all time properly and efficiently. The Government also came to the conclusion that for the proper discharge of this obligation the creation of a separate department which will devote its attention exclusively to the administration of Devaswoms is necessary. Considering that it is the solemn right and duty of the Government to maintain efficiently and in good condition the Hindu Religious Institutions in the State of Travancore irrespective of the income from such institution or the cost of such maintenance and in pursuance of such right and duty of the State the Travancore Government issued the Devaswom Proclamation on 12th April, 1922 corresponding to 30th Meenom, 1097. It also constituted a Devaswom fund for the Devaswoms mentioned in the schedule to the proclamation. Sec.7 of the Proclamation provided for creation of a Department for better and more efficient management and more effective control over the Devaswoms.
Clause.7 is as under:
- “7 (1) Our Government may for the better and more efficient management and more effective control of the Devaswoms mentioned in the schedule organise a Devaswom Department of the State consisting of such member of officers and other servants as they think fit.
- 2. The expenditure in connection with the said Department shall, notwithstanding anything contained in Sec.3 and Sec.4, be met out of the general revenues of the State."
The Devaswom under the proclamation is managed by a Devaswom Department of the State consisting of such number of officers and other servants. The Government had power under Sec.8 to define the powers and duties of the officers of the Devaswom Department to regulate the scale of expenditure of the Devaswoms and to make rules generally for carrying out the purpose of the proclamation. The Devaswom Department has become a part of the Government Department. The Maharaja did not want to leave the administration of the Devaswoms to the State Government in the new set up. Therefore on 10-8-1123 (23-3-1948), yet another proclamation was issued by which the Maharaja assumed control and management of Devaswoms and Devaswom Department of the Government. A material change also made in respect of funds from which expenditure was to be made. It was also provided that expenditure to be made not from general revenue but only from Devaswom fund. Thereafter when Travancore-Cochin States were integrated it was provided by Sec.8(c) of the Covenant that the administration of the Devaswoms, Hindu Religious Institutions and Endowments and their properties and funds would vest with effect from 1-8-1949 in a Board known as Travancore Devaswom Board.
The Hindu Religious Institutions Ordinance 10 of 1124 was promulgated which came into force on 1-8-1949. Before expiry of the period of Ordinance, Act 15 of 1950, namely the Travancore-Cochin Hindu Religious Institutions Act, 1950 was enacted. Sec.3 of the Act provided that the administration of incorporated and unincorporated Devaswoms and of Hindu Religious Endowments and all their properties and funds as well as the fund constituted under the Devaswom Proclamation which were under the management of the Ruler of Travancore prior to the first day of July, 1949 except the Sree Padmanabhaswamy Temple shall be vested in the Travancore Devaswom Board. Sec.4 of the Act provided the constitution of the Travancore Devaswom Board. It shall consist of three Hindu members, one of whom shall be nominated by the Ruler of Travancore, one by the Hindus among the Council of Ministers and one elected by the Hindus among the members of the Legislative Assembly of the State of Travancore-Cochin. Sec.5 provided that a meeting of the Hindus among the members of the Legislative Assembly of the State of Travancore-Cochin shall be summoned under the authority of His Highness the Raj Pramukh by any person authorised in this behalf by the Raj Pramukh to meet at such time and place and on such date as may be fixed by him in this behalf for the election of a member to the Board. The election had to be held in accordance with the rule specified in Schedule II by the person commissioned by the Raj Pramukh to preside over the meeting. Under S.6 a person shall not be qualified for nomination or election as a member of the Board unless he is a permanent resident of the State of Travancore-Cochin and professes the Hindu Religion and has attained thirty five years of age. Thus it will be seen that the Devaswom Board has, by the Act, broad based giving it a representative status, for the Hindu Ruler of the State of Travancore, Hindu among the Council of Ministers and the Hindu among the members of the Legislative Assembly. The power of nomination given to the Ruler of Travancore was taken away and was given to the Council of Ministers by Travancore-Cochin Hindu Religious Institutions (Amendment) Act 70 of 1974. Thereafter, of the three Hindu members of the Board, two will have to be nominated by the Hindus among the Council of Ministers. The power given to Rajapramukh was subsequently vested in the Governor.
[Muraleedharan Nair v. State of Kerala 1990 (1) KLT 874]
