No: 22 Dated: May, 08 1955

 

Protection Of Civil Rights Act, 1955

(Act No. 22 of 1955)

      An Act to prescribe punishment for the  [preaching and practice of “Untouchability”] for the enforcement of any disability arising therefrom and for matters connected therewith.

BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:—

1. Short title, extent and commencement.—(1) This Act may be called the Protection of Civil Rights Act], 1955.

(2) It extends to the whole of India.

(3) It shall come into force on such date4 as the Central Government may, by notification in the Official Gazette, appoint.

2. Definitions .In this Act, unless the context otherwise requires,

[(a) "civil rights" means any right accruing to a person by reason of the abolition of untouchability by article 17 of the Constitution;]

[(aa)] "hotel" includes a refreshment room, a boarding house, a lodging house, a coffee house and a cafe;

(b) "place" includes a house, building and other structure and premises and also includes a tent, vehicle and vessel;]

(c) "place or public entertainment" includes any place to which the public are admitted and in which an entertainment is provided or held.

Explanation. Entertainment includes any exhibition, performance, game, sport and any other form of amusement;

(d) "place of public worship" means a place, by whatever name known, which is used as a place of public religious worship or which is dedicated generally to, or is used generally by, persons professing any religion or belonging to any religious denomination or any section thereof, for the performance of any religious service, or for offering prayers, therein, [and includes

(i) all lands and subsidiary shrines appurtenant or attached to any such place;

(ii) a privately owned place of worship which is, in fact, allowed by the owner thereof to be used as a place of public worship; and

(iii) such land or subsidiary shrine appurtenant to such privately owned place of worship as is allowed by the owner thereof to be used as a place of public religious worship;]

[(da) "prescribed" means prescribed by rules made under this Act;

(db) "Scheduled Castes" has the meaning assigned to it in clause (24) of article 366 of the Constitution;]

(e) "shop" means any premises where goods are sold either wholesale or by retail or both wholesale and by retail [and includes

(i) any place from where goods are sold by a hawker or vendor or from a mobile van or cart;

(ii) a laundry and a hair cutting saloon;

(iii) any other place where services are rendered to customers.]

3. Punishment for enforcing religious disabilities .Whoever on the ground of untouchability prevents any person

(a) from entering any place of public worship which is open to other persons professing the same religion [- - -] or any section thereof, as such person; or

(b) from worshipping or offering prayers or performing any religious service in any place of public worship, or bathing in, or using the waters of, any sacred tank, well, spring or water-course, [river or lake or bathing at any ghat of such tank, water-course, river or lake]in the same manner and to the same extent as is permissible to other persons professing the same religion [- - -] or any section thereof, as such person,

    [shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees.]

        Explanation. For the purposes of this section and section 4 persons professing the Buddhist, Sikh or Jaina religion or persons professing the Hindu religion in any of its forms or developments including Virashavias, Lingayats, Adivasis, followers of Brahmo, Prarthana, Arya Samaj and the Swaminarayan Sampraday shall be deemed to be Hindus.

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