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The Religious endowments act, 1863

Year of Passage: 1863 | Type: Bare Act

Section 1 [Repealed.].

[Repeal of parts of Bengal Regulation 19 of 1810 and Madras Regulation 7 of 1817.]---Rep. by theRepealing Act, 1870 (14 of 1870), s. 1 and the Schedule.

Section 2 Interpretation clause.

In this Act,-- 1* * * * * "Civil Court" and "Court".-- The words "Civil Court" and "Court" shall 2[save as provided in section10] mean the principal Court of original civil jurisdiction in the District in which 2[or any other Courtempowered in that behalf by the State Government within the local limits of the jurisdiction of which] themosque, temple or religious establishment is situate, relating to which, or to the endowment whereof, any suitshall be instituted or application made under the provisions of this Act.

Section 3 Government to make special provision respecting mosques, etc.

In the case of every mosque,temple or other religious establishment to which the provisions of either of the Regulations specified in 1[the preamble to this Act] are applicable, and nomination of the trustee, manager or superintendent thereof, at thetime of the passing of this Act, is vested in, or may be exercised by, the Government, or any public officer, orin which the nomination of such trustee, manager or superintendent shall be subject to the confirmation of theGovernment or any public officer, the State Government shall, as soon as possible after the passing of thisAct, make special provision as hereinafter provided.

Section 4 Transfer to trustees, etc., of trust-property in charge of Revenue Board.

In the case of everysuch mosque, temple or other religious establishment which, at the time of the passing of this Act, shall beunder the management of any trustee, manager or superintendent whose nomination shall not vest in, nor beexercised by, nor be subject to the confirmation of, the Government, or any public officer, the StateGovernment shall, as soon as possible after the passing of this Act, transfer to such trustee, manager orsuperintendent, all the landed or other property which, at the time of the passing of this Act, shall be underthe superintendence or in the possession of the Board of Revenue or any local agent, and belonging to suchmosque, temple of other religious establishment except such property as is hereinafter provided; Cessation of Board’spowers as to such property.--- and the powers and responsibilities of the Board ofRevenue, and the local agents, in respect to such mosque, temple or other religious establishment, and to allland and other property so transferred, except as regards acts done and liabilities incurred by the said Boardof Revenue or any local agent, previous to such transfer, shall cease and determine.

Section 5 Procedure in case of dispute as to right of succession to vacated trusteeship.

15. Procedure in case of dispute as to right of succession to vacated trusteeship.---- Whenever fromany cause a vacancy shall occur in the office of any trustee, manager or superintendent, to whom any propertyshall have been transferred under the last preceding section, and any dispute shall arise respecting the right ofsuccession to such office, it shall be lawful for any person interested in the mosque, temple orreligious establishment to which such property shall belong, or in the performance of the worship or of theservice thereof, or the trusts relating thereto, to apply to the Civil Court to appoint a manager of such mosque,temple or other religious establishment, and thereupon such Court may appoint such manager to act untilsome other person shall by suit have established his right of succession to such office. Powers of managers appointed by Court.--The manager so appointed by the Civil Court shall haveand shall exercise all the powers which, under this or any other Act, the former trustee, manager orsuperintendent, in whose place such manager is appointed by the Court, had or could exercise in relation tosuch mosque, temple or religious establishment, or the property belonging thereto.
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