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The Protection of Civil Rights Act, 1955

Year of Passage: 1955 | Type: Bare Act

Section 1 Short title, extent and commencement.

(1) This Act may be called 1[the Protection of CivilRights Act], 1955. (2) It extends to the whole of India. (3) It shall come into force on such date2as the Central Government may, by notification in theOfficial Gazette, appoint.

Section 2 Definitions.

In this Act, unless the context otherwise requires, 1[(a) "civil rights" means any right accruing to a person by reason of the abolition of"untouchability" by article 17 of the Constitution;] 2[(aa)] "hotel" includes a refreshment room, a boarding house, a lodging house, a coffee houseand a cafe; 3[(b) "place" includes a house, building and other structure and premises; and also includes a tent,vehicle and vessel;] (c) "place of public entertainment" includes any place to which the public are admitted and inwhich an entertainment is provided or field. Explanation."Entertainment" includes any exhibition performance, game, sport and any otherform of amusement; (d) "place of public worship" means a place, by whatever name known, which is used as a placeof public religious worship or which is dedicated generally to, or is used generally by personsprofessing any religion or belonging to any religious denomination or any section thereof, for theperformance of any religious service, or for offering prayers therein, 4[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 beused as a place of public worship; and (iii) such land or subsidiary shrine appurtenant to such privately owned place of worship as isallowed by the owner thereof to be used as a place of public religious worship;] 5[(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 theConstitution;] (e) "shop" means any premises where goods are sold either wholesale or by retail or bothwholesale and by retail 6[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].

Section 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 samereligion 1* * * or any section thereof, as such person; or (b) from worshipping or offering prayers or performing any religious service in any place ofpublic worship, or bathing in, or using the waters of, any sacred tank, well, spring or water-course2[river or lake or bathing at any ghat of such tank, water-course, river or lake] in the same manner andand to the same extent as is permissible to the other persons professing the same religion 1* * * or anysection thereof, as such person, 3[shall be punishable with imprisonment for a term of not less than one month and not more than sixmonths and also with fine which shall be not less than one hundred rupees and not more than five hundredrupees]. Explanation.For the purposes of this section and section 4 persons professing the Buddhist, Sikh orJaina religion or persons professing the Hindu religion in any of its forms or developments includingVirashaivas, Lingayats, Adivasis, followers of Brahmo, Prarthana, Arya Samaj and the SwaminarayanSampraday shall be deemed to be Hindus.

Section 4 Punishment for enforcing social disabilities.

Whoever on the ground of "untouchability"enforces against any person any disability with regard to (i) access to any shop, public restaurant, hotel or place of public entertainment; or (ii) the use of any utensils, and other articles kept in any public restaurant, hotel, dharamshala,sarai or musafirkhana for the use of the general public or of 1[any section thereof]; or (iii) the practice of any profession or the carrying on of any occupation, trade orbusiness 2[or employment in any job]; or (iv) the use of, or access to, any river, stream, spring, well, tank, cistern, water-tap or otherwatering place, or any bathing ghat, burial or cremation ground, any sanitary convenience, any road, or passage, or any other place of public resort which other members of the public, or 3[any sectionthereof], have a right to use or have access to; or (v) the use of, or access to, any place used for a charitable or a public purpose maintained whollyor partly out of State funds or dedicated to the use of the general public or 3[any section thereof]; or (vi) the enjoyment of any benefit under a charitable trust created for the benefit of the generalpublic or of 3[any section thereof]; or (vii) the use of, or access to, any public conveyance; or (viii) the construction, acquisition, or occupation of any residential premises in any locality,whatsoever; or (ix) the use of any dharamshala, sarai or musafirkhana which is open to the general public, orto 3[any section thereof]; or (x) the observance of any social or religious custom, usage or ceremony or 4[taking part in, ortaking out, any religious, social or cultural procession]; or (xi) the use of jewellery and finery, 5[shall be punishable with imprisonment for a term of not less than one month and not more than sixmonths and also with fine which shall be not less than one hundred rupees and not more than five hundredrupees]. 6[Explanation.For the purposes of this section, "enforcement of any disability" includes anydiscrimination on the ground of "untouchability".]

Section 5 Punishment for refusing to admit person to hospitals, etc.

Whoever on the ground of"untouchability" (a) refuses admission to any person to any hospital, dispensary, educational institution or anyhostel 1***, if such hospital, dispensary, educational institution or hostel is established or maintainedfor the benefit of the general public or any section thereof; or (b) does any act which discriminates against any such person after admission to any of theaforesaid institutions, 2[shall be punishable with imprisonment for a term of not less than one month and not more than sixmonths and also with fine which shall be not less than one hundred rupees and not more than five hundredrupees].
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