Section 40 in Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959
40. Enfranchisement of land, etc., held by a devadasi on condition of service in a temple.
(1)(a)(i)Where the remuneration for any service to be performed by a devadasi in temple consists of lands granted or continued in respect of, or annexed to, such service by the Government, the Government shall enfranchise the said lands from the condition of service, by the imposition of quit-rent.(ii)Where the remuneration for such service consists of an assignment of land revenue so granted or continued, the Government shall enfranchise such assignment of revenue from the condition of service:Provided that where, at the time when proceedings are taken under this sub-clause, the devadasi is herself the owner of the lands in respect of which the assignment of revenue has been made, enfranchisement shall be effected and quit-rent imposed in the manner laid down in sub-clause (i).(iii)Where the remuneration for such service consists in part of lands and in part of an assignment of land revenue, enfranchisement of the lands shall be effected in the manner laid down in sub-clause (i) and of the assignment of the land revenue in the manner laid down in sub-clause (ii).Explanation. - For the purposes of this clause, a grant shall be deemed to consist of an assignment of land revenue in all cases in which the devadasi herself is not, at the time specified in the proviso to sub-clause (ii), the owner of the lands in question.(b)Enfranchisement under clause (a) shall be effected in accordance with such rules as the Government may make in this behalf and shall take effect as and from such date as they may fix.(2)Where the remuneration for such service consists in whole or in part of lands or of produce of lands not falling under sub-section (1), the Government shall direct the District Collector to determine the amount of rent payable on the lands or the produce in question. The District Collector shall, thereupon, after giving notice to the party concerned and holding such inquiry as may be prescribed by the Government, by an order, determine the amount of rent, and in doing so, he shall have due regard to -(a)the rent payable by the tenant for lands of a similar description and with similar advantages in the same village or neighbouring villages, and(b)the improvements, if any, effected by the devadasi in respect of the lands.Such order shall be communicated to the parties concerned and also published in the manner prescribed.(3)The amount of rent fixed by the District Collector under sub-section (2) may be questioned by petition presented to the Board of Revenue within three months of the date of publication of the order under the said sub-section, but subject to the result of such petition, the order of the District Collector fixing the amount of rent under sub-section (2) shall be final and shall not be liable to be questioned in any Court of Law:Provided, however, that the [Board of Revenue] [Vide section 10(1) of the Tamil Nadu Act 36 of 1980, any reference to the Board of Revenue shall be deemed to be a reference to the State Government or the appropriate authority specified in the notification under sub-section (1) of section 4 of the said Act. Now, Commissioner of Revenue Administration, vide G.O. Ms. No. 2676, Revenue, dated the 1st December 1980.] shall have power on sufficient grounds to entertain a petition presented after the expiration of the period of three months.(4)While determining the rent under sub-section (2), the District Collector shall fix a date from which the order shall take effect and such lands or produce shall be deemed to have been freed from the condition of service on and from the date so fixed.(5)No obligation to render any service relating to any temple to which any devadasi may be subject by reasons of any grant of land or assignment of land revenue or produce derived from land, shall be enforceable when such land, assignment or produce is enfranchised or freed, as the case may be, in the manner herein before provided.(6)No order passed under sub-section (1), (2) or (3) shall operate as a bar to the trial of any suit or issue relating to the right to enjoy the land, or assignment of land revenue or produce derived from land, as the case may be.(7)(a)The quit-rent imposed under sub-section (1) shall be payable to the temple concerned.(b)The assignment of land revenue enfranchised under sub-section (1), or the rent fixed under sub-sections (2) and (3), as the case may be, shall be payable to the devadasi concerned during her lifetime and after her death, to the temple concerned.(8)Where any inam is granted for a service which is auxiliary to the service to be performed by a devadasi in a temple, such inam shall be enfranchised or freed from the condition of service, as if it were a devadasi inam; and the provisions of sub-sections (1) to (7) shall apply accordingly.(9)For the purpose of this section, "devadasi" shall mean any Hindu unmarried female who is dedicated for service in a temple.
