The Act may be known as “The Religious Endowments Act, 1863”. In this act “civil court” and “court” is a principal court having original civil jurisdiction in district or any other court on behalf of state government who resolve within its local limits of mosque, temple or religious form is situated or related to endowment i.e., funding, bequest or legacy then its any suit or application should be made under this provision of act.
Where all mosque, temple or other religious are instituted to which rules either regulations given in this act and nomination of trustee, manager or superintendent while passing this act or may exercise by government or by any public officer then state government shall as early as possible pass special provision related to this act. Thus, once act is passed then all mosque, temple or religious establishment before passing this act where under control of trust, manager, superintendent then government will as early as possible after passing this act will transfer all mosque, temple or religious establishment to Board of revenue, local agent or to mosque, temple or religious establishment itself. For all this delegation state government will constitute one or more committee in every district so that they can exercise work of board of revenue or of local agent, and such committee will have three or more then that members and shall to do all duties given by board of revenue.
Members of such committee appointed should be that members who would be professing and maintaining that religion in relation to that mosque, temple or religious establishment. Election are held by government for members to be elected in committee, and tenure of such member holding there office is for there life or unless they are been removed due to misbehave, misconduct or illness, hence no such member cannot be removed unless order is given by civil court for such removal and thus such vacancy is filled by election between person interested in such.
To provide books of accounts is the basic duty of all trust, manager, and superintendent of that mosque, temple or religious establishment. They need to keep regular books of account and receipts, other disbursement and expenses of that mosque, temple or religious establishment. All such books should be provided at least once in a year and shall keep with themselves.
Any suit or proceeding which is instituted in this act should be placed before proper court where any suit or proceeding is pending and if any difference then it can be referred to one or more arbitrators. No suit or proceeding should institute without making preliminary application being first made to court for leave to institute such suit, on application court will decide whether to entertain suit or not. Before filing leave for suit or if leave is granted then court may order trustees, manager, or superintendent to file accounts of trust to court. If suit is for criminal breach of trust then such suit should not be presented before civil court but it should be presented before criminal court.
Endowments can be made to land or property which is given in support of establishment for partly to religious and other portion to secular purpose and thus board of revenue before giving out portion will decide which portion should be given for purpose of religious and which for secular. Thus, once such property is vested to trustees, manager or superintendent then government will not hold any rights on such vested property.
by Samata. H. Joshi.