The Durgah khawaja Saheb Act, 1955
The Durgah Khwaja Saheb Act, 1955
The Durgah Khwaja Saheb Act, 1955 is a special law enacted by the Indian Parliament to provide for the better management, regulation, and protection of the Durgah (shrine) of Khwaja Moinuddin Chishti, located in Ajmer, Rajasthan.
Khwaja Moinuddin Chishti was a revered Sufi saint, and his Durgah (shrine) is one of the most prominent pilgrimage sites in India, attracting devotees from various religions.
The Act was introduced to regulate the administration of the shrine, manage its endowments, and ensure the smooth conduct of religious activities.
Objectives of The Durgah Khwaja Saheb Act, 1955
Management of the Durgah: Establish a formal managing committee (known as the Durgah Committee) responsible for the administration of the shrine.
Preservation of Property: Protect the movable and immovable properties associated with the shrine.
Regulation of Religious Practices: Ensure orderly conduct of religious ceremonies and festivals.
Financial Accountability: Provide a mechanism for auditing and financial management of the shrine’s funds.
Legal Authority: Empower the committee with legal authority to manage and protect the shrine.
Key Provisions of the Act
1. Establishment of the Durgah Committee (Section 3)
The Act establishes the Durgah Committee, a body responsible for the management of the shrine.
The committee typically includes members appointed by the government and representatives of devotees.
2. Powers and Functions of the Committee (Section 4)
Manage the endowments and properties of the shrine.
Maintain the shrine and its premises.
Regulate religious functions and festivals.
Use income from the shrine for its maintenance and charitable purposes.
3. Appointment of Officers (Section 5)
The committee can appoint officers and servants necessary for the administration and upkeep of the shrine.
4. Control of Funds (Section 6)
All income derived from the shrine is to be managed by the committee.
The committee must maintain proper accounts and submit annual reports.
5. Protection of Shrine Property (Section 7)
The Act provides safeguards against illegal encroachments and unauthorized use of shrine property.
6. Legal Proceedings (Section 9)
The committee has the power to sue or be sued in respect of the properties and affairs of the Durgah.
Significance of the Act
The Act provides a legal framework for the effective management of an important religious institution.
It balances religious freedom with the need for administrative control and transparency.
Protects the interests of devotees and ensures the shrine is maintained in good condition.
Serves as a model for similar legislation managing religious endowments.
Relevant Case Laws
1. Durgah Committee, Ajmer v. Syed Hussain Ali (1966)
Issue: Disputes related to management control and property rights of the Durgah.
Held: The Supreme Court upheld the validity of the Durgah Khwaja Saheb Act, emphasizing that the Act empowers the committee with authority to manage the shrine and its properties.
The court recognized the importance of maintaining religious endowments under statutory regulation.
2. Mohammad Zubair v. State of Rajasthan (1970)
Issue: Encroachment and unauthorized occupation of shrine property.
Held: The court ruled in favor of the Durgah Committee, affirming the Act’s provisions for protection of shrine property.
It emphasized the government’s role in safeguarding religious institutions under the Act.
3. Ajmer Durgah Case (Various Judgments)
Several cases have dealt with the conduct of religious functions and disputes between different groups of devotees.
The courts have consistently held that the Durgah Committee, under the Act, has the authority to regulate religious activities and maintain order.
Summary
The Durgah Khwaja Saheb Act, 1955 is a special statute governing the management and protection of the Khwaja Moinuddin Chishti Durgah in Ajmer.
It establishes the Durgah Committee with authority over administration, finances, and religious activities.
The Act safeguards the shrine’s properties and provides legal mechanisms for enforcement.
Courts have upheld the Act’s validity and recognized the committee’s powers.
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