The Religious Societies’ Act, 1880
ACT NO. I OF 1880
[9th
January, 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
affairs 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. It shall extend to [the whole of Pakistan
but nothing herein contained shall apply to any Hindus,
Muhammadans or Buddhists, or to any persons whom the [Provincial Government]
may from time to time, by notification in the official Gazette], exclude from
the operation of this Act.
2.
Appointment of new trustee in
cases not otherwise provided for. When any body of persons associated for
purpose of maintaining religious worship has acquired, or hereafter shall
acquire, any property,
and such property has been or hereafter shall [be vested in
trustees 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 or any trustee
appointed in the manner hereinafter prescribed,
and no manner of appointing such new 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.
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 such 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, II 1877, 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 wholly, 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 heretofore was by law required.
6.
Provision of dissolution and
adjustment of their affairs. Any number not less than three-fifths of the
members of any such body as aforesaid may at a meeting convened 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 claim and liabilities, according to the rules of such body applicable
thereto, if 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 paid to or 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.
Saving of certain provisions of
instruments. Nothing in 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 may be submitted to
high court. When any question arises, either in confection 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 question. A copy of such petition shall be served
upon, and the hearing thereof may be attended by, such other person interested
in the question 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.
THE SCHEDULE
(See section 3)
Memorandum of the appointment of the new trustees of the
(describe the church, chapel, or other building and property) situate at a
meeting duly convened and held for that purpose (in the vestry of the
said
) on
the
day of 18 , A.
B.
of Chairman.
Names and descriptions of all the trustees on the
constitution or last appointment of trustees, made
the day
of
(here insert the same.)
Names and descriptions of all the trustees in whom the said
(chapel and property) now become legally vested,
First.—Old continuing trustees :—
(here insert the same.)
Second.—New trustees now chosen and appointed :—
(here insert the same.)
Dated this
day
of
18 .
Signed by the said A. B. as chairman of
the said Meeting, at and in the presence of
A. B.
the said Meeting on the day and year a fore-
Chairman of the
said in the presence
of—
said Meeting.
C.D.
E.F.
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