No: 18 Dated: Aug, 15 1954

Rajasthan Religious Buildings and Places Act, 1954

(Act No. 18 of 1954)

    An Act to regulate the construction of public religious buildings and to restrict the use of public places for religious purposes.

Whereas with a view to avoiding a breach of the public peace and tranquillity likely to arise from disputes between different sections of the people of [State of Rajasthan], it is expedient to regulate the construction of public religious buildings and restrict the use of public places for religious purposes. It is hereby enacted as follows-

1. Short title, extent and commencement - (1) This Act may be called the Rajasthan Religious Buildings and Places Act, 1954.

[(2) It extends to the whole of the State of Rajasthan.]

(3) It shall come into force on the date of its first publication in the [Official Gazette].

[2. .........]

[3. .........]

4. Definition - In this Act, unless the context otherwise requires-

(i)"Board" means the Board of Revenue for Rajasthan established and constituted under the Taw for the time being in force];

(ii) "building" means a house, shop, hut, shed or other structure or enclosure, whether roofed or not, of whatsoever material constructed and includes every part thereof, all walls, varandahs, platforms plinths, door steps and the like and a tent or other portable and merely temporary shelter;

[(iii) ..........]

(iv) "place" means any open space which is not a building;

(v) "public" used with reference to a building or place signifies that such building or place, whether or not acquired, constructed and maintained by or at the expense of some specified person or body of persons is not the private and personal property of such person or body and is open to the use and enjoyment of the public in general or of a particular class or section thereof for the purpose, if any, for which if may have been set apart;

(vi) "religious" when used with reference to a building or place, signifies

(a) that such building is used or intended to be used for the purpose of religious worship or instruction, or offering prayers (which include Bhajan, Kirtan, Stuti or Namaz) or performance of any religious rites by persons of or belonging to any religion, creed, sect or class, such as temple, mosque, church, chhatri, dargha, khangah, mutt, takiya or the like, or

(b) that such place is likewise used or intended to be used.

5. Restrictions on use of public places for religious purposes - (1) No person shall use any public place-

(a) as a permanent religious place, or

(b) save with the previous written permission of the Collector obtained in the prescribed manner, as a temporary religious place.

    (2) Nothing in this section shall apply to cremation grounds and burial places or to the holding of functions or the taking out of processions, in connection with deaths or marriages or to other purely social and secular functions or to religious processions.

6. Constructions etc. of public religious buildings - (1) No person shall, without first obtaining the written permission of the Collector-

(a) construct any public religious building; or

(b) convert any private or public building or place into a public religious building.

Explanation. - The temporary use of a building or place for religious purposes on occasions such as Holi, Moharram and the like shall not be deemed to be the conversion thereof into a public religious building.

    (2) A person desirous of obtaining permission for any of the purposes mentioned in sub-section (1) shall first obtain permission from any local authority or officer having jurisdiction over the area where the building or place in question lies and thereafter such person shall apply to the Collector for the requisite permission in the prescribed manner.

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