THE
RELIGIOUS SOCIETIES ACT, 1880
(Act I of 1880)
1. Short title
2. Local extent
3. Appointment of new trustee
in cases not otherwise provided for
4. Property to vest in new trustees without conveyance
5. Saving of existing modes
of appointment and conveyance
6. Provision for dissolution
of societies and adjustment of their affairs
7. Upon a dissolution no
member to receive profit
8. Savings of certain
provisions of instruments
9. Questions to be submitted
to High Court
THE RELIGIOUS SOCIETIES ACT, 1880
An Act to confer
certain powers on Religious Societies.
Whereas it is expedient to simplify the manner
in which certain bodies of persons associated for the purpose of maintaining
religious worship may hold property acquired for such purpose, and to provide
for the dissolution of such bodies and the adjustment of their affair and for
the decision of certain questions relating to such bodies;
It is hereby enacted as follows:
1. Short
title. -This
Act may be called the Religious Societies Act, 1880.
2. Local
extent. -It
shall extend to the whole of India except the territories which, immediately
before the Ist November, 1956, were comprised in Part B State.
But
nothing herein contained shall apply to any Hindus, Mohammadans or Buddhists,
or to any persons whom the State Government may from time to time, by
notification in the Official Gazette, exclude from the operation of this Act.
3. Appointment
of new trustee in cases not otherwise provided for. -
(1) When any
body of persons associated for the purpose of maintaining religious worship has
acquired, or hereafter shall acquire any property, and such property has been
or hereafter shall be vested in trustee in trust for such body, and it becomes
necessary to appoint a new trustee in the place of or in addition to any such
trustee is prescribed by any instrument by which such property was so vested or
by which the trusts on which it is held have been declared, or such new trustee
cannot for any reason be appointed in the manner so prescribed, such new
trustee may be appointed in such manner as may be agreed upon by such body, or
by a majority of not less than two-thirds of the members of such body actually
present at the meeting at which the appointment is made.
(2). This
Act does not apply to territories which were part of the erstwhile Part B
States, immediately before Ist November, 1956 So far as the State of Madhya
Pradesh is concerned its Madhya Bharat region will stand excluded from the
operation of the Act.
3. Appointment
under Section 2 to be recorded in a memorandum under the hand of the Chairman
of the meeting. -Every appointment of new trustees under Section 2 shall be made to
appear by some memorandum under the hand of the chairman for the time being of
the meeting at which appointment is made.
Such
memorandum shall be in the form set forth in the schedule hereto annexed, or as
near thereto as circumstances allow, shall be executed and attested by two or
more credible witnesses in the presence of such meeting, and shall be deemed to
be a document of which the registration is required by the Indian Registration
Act, 1887, Section 17.
4. Property to vest in new trustees without
conveyance. -When any new trustees have been appointed, whether in the manner
prescribed by any such instrument as aforesaid or in the manner hereinbefore
provided, the property subject to the trust shall forthwith,, notwithstanding
anything contained in any such instrument, become vested, without any
conveyance or other assurance, in such new trustees and the old continuing
trustees jointly, or, if there are no old continuing trustees in such new
trustees upon the same trusts, and with
and subject to the same powers and provisions, as it was vested in the old
trustees.
5. Saving
of existing modes of appointment and conveyance. -Nothing herein contained shall be deemed to
invalidate any appointment of new trustees, or any conveyance of any property,
which may hereafter be made as here to fore was by law required.
6. Provision
for dissolution of societies and adjustment of their affairs. -Any member not less than three-fifths of the
members of any such body as aforesaid may at a meeting converted for the
purpose determine that such body shall be dissolved; and thereupon it shall be
dissolved forthwith, or at the time then agreed upon-, and all necessary steps
shall be taken for the disposal and settlement of the property of such body,
its claims and liabilities according to the rules of such body applicable
thereto, it’ any, and if not, then as such body at such meeting may determine;
Provided
that, in the event of any dispute arising among the members of such body, the
adjustment of its affairs shall be referred to the principal Court of original
civil jurisdiction of the district in which the chief building of such body is
situate; and the Court shall make such order in the matter as it deems fit.
7. Upon a
dissolution no member to receive profit. -If upon the dissolution of any such body there remains, after the
satisfaction of all its debts and liabilities, any property, whatsoever, the
same shall not be distributed among the members of such body or any of them,
but shall be given to some other body of persons associated for the purpose of
maintaining religious worship or some other religious or charitable purpose to
be determined by the votes of not less than three-fifths of the members present
at a meeting convened in this behalf, or in default thereof’ by such Court as
last aforesaid,
8. Savings
of certain provisions of instruments. -Nothing it Sections 6 and 7 shall be deemed to affect any provision
contained in any instrument for the dissolution of such body, or for the
payment or distribution of such property.
9. Questions
to be submitted to High Court.-When any question arises, either in connection with the matters
hereinbefore referred to, or otherwise, as to whether any person is a member of
any such body as aforesaid, or as to the validity of any appointment under this
Act, any person interested in such question may apply by petition to the High
Court for its opinion on such questions.
A copy of such petition shall be served upon, and the hearing thereof
may be attended by, such other persons interested in the questions as the Court
thinks fit.
Any
opinion given by the Court on an application under this section shall be deemed
to have the force of a declaratory decree,
The costs of every application under this section shall be in the
discretion of the Court.