THE EAST PUNJAB (REMOVAL OF RELIGIOUS AND SOCIAL DISABILITIES) ACT, 1948

1948: East Pb. Act XVI.] REMOVAL OF RELIGIOUS 193 AND SOCIAL DISABLITIES THE EAST PUNJAB (REMOVAL OF RELI AND SOCIAL DISABILITIES) ACT, 1948 > Sections. > w n TABLE OF CONTENTS. Short title and extent. Interpretation. Right of excluded classes to enter and offer worship in temple. Power of trustees to make regulations for the maintenance of order and decorum and the due performance of rites and ceremonies in temples. Sanction of institution or continuance of suits, prose- cutions, etc. Power to decide disputes. Other rights of excluded classes. Discrimination against excluded classes prohibited. Courts not to recognise any custom or usage imposing disability on excluded classes. Local authorities not to recognise and custom or usage imposing disability on excluded classes. Offences and penalties. ‘Enhanced penalty in certain cases after previous con- viction. Offenecs under Act cognisable. Power to remove difficulty. Rules. Schedule | 948 : East PP. Act XVI] REMOVAL OF RELIGIOUS 195 AND SOCIAL DISABILITIES rT HE EAST PUNJAB (REMOVAL OF RELIGIOUS AND SOCIAL DISABILITIES) ACT, 1948. East PunjJAB ACT No. XVI of 1948. Received the assent of His Excellency the Governor on the 8th April, 1948 ; and was ‘first published in the East Punjab Government Gazette (Extraordinary) of April 10, 1948). 1 2 3 4 Year No. Short title Whether repealed or otherwise affected by legislation ———— oe OOO eee Se 1948 .. | XVI | The East Punjab Amended in part by the Adaptaticn (Removal of Religious} of Laws Order, 1950 and Social Diasabili- ties) Act, 1948 Amended in part by the Adapta- tion of Laws (Third Amendment) Order, 1951 ; Amended dy the punjab Reorgaina- tion (Chandigarh) (Adaptation of Laws on State and Concurremt Subjects) Order, 1968 the religious. and soclal disabili- An Actto remove {The State of Punjab]. ties of certain classes and castes in It is hereby enacted as follows :— be called the East Punjab rl Social Disabilities) Act, 1948. 1. (1) This Act may title and (Removal of Religious and (2) It extends to the whole of the s[ Union Territory of Chandigarh]. —, Government Gazette see East Punjab Dest. Punjab 1For Statement of Objects and Reasons, (Extraordi oceedings in the Assembly, see ordinary), 1948, page 310 for pr i ae in tes 195037. Legislative Assembly Debates, Volume ° *Substitu ted ‘for the words “the Province of Bast Punjab” by the Adaptation of Laws (Third Amendment) Order, 1951. Saher: = ab” by the Punjab Re-organisa- Substituted for the words “State of Punjab’) by ioe oti subjects) Onder, 193, (Chandigarh) (Adaptation of Laws on Interpretation. 196 REMOVAL OF RELIGIOUS [1948 : East Pb, Ac AND SOCIAL DISABILITIES 2. In this Act, unless there is anything repy the subject or context,— (a) ‘“Hindu’’ includes a Buddhist, Jain, a (b) “‘excluded class” means any caste or Clas (c) @ | food or drink” 1s su (e) ‘Substituted (Chandigarn) (Ad of Arya Samaj or Brahmo Samaj and Convert to Hinduism ; the Hindu or Sikh community Which, | by reason of any custom or usage, is excluded from entering any temple or gurdwara or offetin worship therein and includes a Class, caste of tribe mentioned in the Schedule to this Act o, fication add to the Schedule - 3 “place of public amusement” means any place, _ other erec- enclosure, building, tent, booth or. tion, whether permanent or. temporary, where Music, singing, dancing or any diversion or the means of carrying on the same, j vided and to whicl “Place of public entertainment “means” any Place, whether Enclosed or Open, to. which the public are admitted house, lodging-house or hotel ; . -¢ é “Sikh” has 4 » and where. any. kind of .. pplied for consumption on’ ° > and includes a refreshment’ ) Coffee-house, boarding: . re a “t) S.of ° which the [Central Government] may: by noti- ' . . , ‘ - a. r t ; : : 3 sill e ing. given ta i 3a: kag Mi Hon 2 of the Sikh Gawits Elven to it im’ seC- 4925 urdwaras.Act, A925 goer ote not feb thicetet Urrent Subjects) Order, 1968. **° t ¥ tse 4 ria $ S ae of = ae ene? nets i Y the Punjab:‘Reorganisation i.e 8 ws ; : 194 i AND SOCIAL DISABILITIES egy “shop” -means any premises where goods a 7 & sold either by retail or wholesale or both and na RoR .jncludes a laundry, a hair cutting saloon or such other place where services are rendered to customers . - - ‘g) “temple”. means a place, by. whatever. name o known, which is dedicated to, or for the benefit . of, oF used as of right by, the Hindu community ‘in general, as a place of public. religious wor- . ship, and includes subsidiary shrines. attached | | to such place ; (i) “gurdwara means a place, by whatevet ..» =» name known, which is dedicated to, or forthe... eer benefit of, or used as of right by, the Sikh com- munity in general, as a place of public religious . worship, and includes subsidiary shrines attach- - ed to such place ; bulk of the worshippers may offer, or parti- regulations as may be made under this Act. mast, (i) “worship” means such religious service as the. cipate in, in accordance with such rules and . fast Pb. Act XVI] REMOVAL OF. RELIGIOUS .197 Shee 3. (7) Notwithstanding any law, custom or usage to:. Right of excluded | the contrary, persons belonging to the excluded classes CBs ‘6 enter and offer worship therein in the same manner and to the same | and no-member:of any excluded class shall, by. reason only. of such entry or-worship, whether before or after the com-. therefor. .. going provisions ; it is hereby declared that the right con- ferred by sub-section (J) shall include the following rights if, and-to the'extent to which, they are enjoyed by Hindus. or, as the case may be, Sikhs in ‘general not~ belonging to the. excluded classes :— . , _»,.4@) the right ‘to bathe in, or use the waters of, any- raethghcticyon ‘sacred tank; well, spring. ‘or water-course ap- ‘v"®purteriant tothe temple or gurdwara whether, situated within or outside the precincts’ thereof ; mencement of this Act, be deemed to have committed any. actionable wrong or offence or be sued or prosecuted. .. (2) Without prejudice to the generality of the fore- | 2%. extent as: Hindus or, as the case may: be, Sikhs in general ; => aus a a shall be entitled to enter any temple or gurdwara and temple. ane for the matntenaees temple or gurdwara shall have power, subject to the | 1948 : East Pp ‘ OVAL OF RELIGIOUS [ : Act ve AND SOCIAL DISABILITIES XV; . f passage Over any sacred pia. | (7) ieee hi or hillock or a road, street oF pai way, which is requisite for obtaining access the temple or gurdwara. . Power of trustees 4. The trustee or other authority in Charge of a . on. decor and ane trol of the ‘{Central Government] and to any Tules which die performance of may be made by them, to make regulations for the in tomplen "-™ tenance of order and decorum and the due Observance in temples. Main. : WCE of the religious rites and ceremonies performed therein, but such regulations shall not discriminate in any way againg the members of the excluded classes. Sanction for institu. 5. (7) No suitfor damages, injunction or declaration of t disputes. excluded classes. tion or continuance f suits, prosecu. Of for any other relief, no prosecution for any Offence, ions, etc. and no application or other proceeding under any other law, shall be instituted in respect of any entry into or worship in any temple or gurdwara, whether before or after the commencement of this Act, on the sole ground that such entry or worship is against the custom OF usage which excludes certain Classes of Hindus or Sikhs from such entry or worship. _ (2) No suit, Prosecution, application or proceeding of the nature aforesaid, instituted before the commencement of this Act, shall be continued thereafter, without the sanction of the [Centra] Government]. Power to decide ¢ If any question arises as to whether a place is. or. is not a temple or gurdwara as defined in this Act, the Other rights of ; “Substituted for the words “State Government” by the “ab Re-organisatio® | (Chandigarh) (Adaptation of Laws on State'and Concatreat een ‘Ordar, (934 . Fast Pb. Act XVI] REMOVAL OF RELIGIOUS _ja¢ 1948: AND SOCIAL DisABlEmres (2 TITIES, (b) be prevented from— (i) having access to or using any river, stream spring, well, tank, cistern, water-tap or other watering place, or any bathin g place, burial or cremation ground, any sanitary conveni- ence, any road or pathway which the mem- bers of all other castes and Classes of Hindus | or Sikhs have a right to use or have access to ; | | (ii) having access to or using any public convey- ance licensed by the 4[Central’ Govern- ment] or any local authority to ply for hire; ett... (iii) having access to or using any building or place used for charitable or public pur- poses maintained wholly or partially out of the revenues of the 2[State] or the funds of a local authority ; (iv) having access to a place of public amuse- ment or a place of public entertainment ; (vy) ‘having access to a shop to which the members of all other castes and classes of Hindus or Sikhs are ordinarily admitted ; (vi) having access to or using any place set apart ... " or maintained for the use of Hindus of Sikhs generally but not for the use of any particular section.or. class thereof 8. No person-incharge of any of the places referred goiinst’ excluded to in sub-clauses (i), (iii) (iv), (v) and (vi) or any’ cone classes. prohibited. veyance referred to in sub-clause (ji) of clause (b) of section 7 shall impose any’‘restriction on a member of an excluded class or act in a manner as to result in discrimination *gainst him merely on the ground that he is such a’mem- er. a . Substituted f words “State Government” by the Punjab Ro-organisa-— . oe — gg bandigarh) ‘(adaptation of Laws on State.and Concurrent Subjects) Order, Looe oa igo, “Substituted:for the word “Province” by .the Adaptation of. Laws Order, RELIGIOUS [1948 : East Pp. Aogy Bl hig VAL OF 200 pene OCIAL DISABILITIES , ‘udicating any matter o, cours not 0 9, No court shalt 1 at) noth. usage i ors Ecy recognise any custom + der recognise any © MPOsing ; Oe dciie pate bility on any member of an excluded ¢lagg mee isability on exclu- cyyj] disa : h b er g such a member. A set claws ly on the ground that he i : ics 1 cal authority shall in carrying out the Local authorities 10. No lo uste d to it under any law recog a not to recognise any 4° ies entr 7 . tions and dut referred to. in section 9. custom or usage | imposing disability any custom Of usage or excluded classes. Offencs and... 11. Whoever— penalities. 3 (a) prevents any person belonging to any exclude class, from exercising any right’conferred by section 3; or (b) prevents any person, by reason of his being a member of an excluded class, from having access to or using any of.the places referred to » in sub-clauses (i), (iii);“(iv), (v) and (vi), ot any conveyance referred to in sub-clause (i) of clause (6) of section 7 or abets the prever tion thereof ; or (c) contravenes the provisions of section 8 abets the contravention thereof, shall, on cor viction, be punished with imprisonment for 3 term which may extend to three months or will fine which may extend to Rs 200 or with both. ae eertain as ane __ 12. If any person who has been convicted of all |) sprevious:conviction. Offence punishable under this Act is again guilty of tht -__ same offence he shall be punished on the second convicti®? with imprisonment for a term which may extend to 5, @ _ ,.months or with fine which may extend to. Rs 500. of with both and if he is again so guilty shall be punished 02 ty d or any subsequent conviction with imprisonmes" a term which may extend to one year and shall als° liable to fine which may extend-to Rs 1,000. -— Off de Pakee a ae — CD MMM gd Littles é : copniable S* ' rs _ Notwithstanding anything’ contained in the coe : a Of Criminal :Procedure,. 1898, an offence punishable ea: pete Ags this Act shall be cognizable by the police. zz 1948 : East Pb. Act XVI] REMOVAL oF RELIGIOUS 201 AND SOCIAL DISABIL|TES 14. If any difficulty arises in piv; . é giving ef C visions of this Act the 1[Central Government, as be sly." requires may, by order, do anything which appears to them necessary for the purpose of removing the difficulty. 15. The ‘[Central Government] ma mak Rules, the purpose of carrying out the Nene of this a : SCHEDULE 1, Aheria 22. Gadaria 43. Nai (Barbar) 2. Balai 23. Gawala 44. Naribut 3, Banetwala 24. Ghasiara 45. Nat (Rana) 4. Bangali 25. Herhi _ 46. Nayak 5. Banjara 26. Jatya or Jatay 47. Od Chamar 6. Barar 27. Julaha (Weaver) 48. Pasi 7. Batwal 28. Kalurpanthi 49. Perna 8. Bawaria 29. Kabirpanthi (Sikh) 50. Ramdasia 9, Bazigar - 30. Kuchbandh 51. Ramdasia Sikh 10. Bhabulia 31. Kanjar 52. Ravidasi or Rai Dasi 11. Balmiki 32. Khatik 53. Regar 12. Chuhra 33. Kori 54. Sais 13. Bhanjara 34. Kurmi 55, Sansi 14. Chamar 35. Lal Begi 56. Santhia 15. Cheengh 36. Madari 57. Sapera 16. Chirimar 37. Mahashas 58. Sarera ingiwala or 17, Daiya (Chhaj 38. Mallah 59, Singiwa Bananewala) . Kalbalia 18. Dhanak 39. Marija or Maredha 60. Siqligar 19. Dhinwar or Jhinwar 40. Mazhabi (Sikh) 61. Sikligar (Sikh) 20, Dhobi 41. Megh or Meghowal 62, Sirkiband 21. Dom 42, Mochi 63, Teli _ ——— . ” sab Reorganisation 1Substi ‘is “State Government” by the Punja 1968. (Chan digarh) (Adaplation of: Laws on State and Concurrent Subjects) Order,