The Religious Societies Act, 1880

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Act is known as “Religious Societies Act, 1880”.  It shall extend to whole India except those boundaries which comprised immediately before 1st November, 1956 in part B states. But this act may not apply those Hindu, Muhammadans, or Buddhists residing in that state where such state government has not applied or brought into force such act, thus once brought in force then such has to be informed in official gazette.

Where there is question of maintaining of any religious worship, then it should be conferred on trustees in trust for such maintenance and becomes necessary to appoint new trustee in such place or addition to number of trustees and appointment of that trustees shall be conducted in such manner as body think or by way of majority not more then two-third of members of body which are actually present at meeting when appointment is conducted.

When any new trustees is appointed then name of that trustees should come in memorandum which is in hand of chairman while meeting is going on for appointment of such trustees. Hence, that memorandum should be in proper form as per required in schedule and it will be executed by two or more members will attest document as witness at meeting and it be considered as document as it will be registered by Indian Registration Act, 1877.

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When new trustees are appointed then property will be conferred on new trustees but without any conveyance or any assurance and also jointly if there are old trustees existing then with them they will acquire the property but if there are no old trustees then full property will be conferred on new trustees. But if there is requirement by law that appointment or conveyance of property should be done then it has to be so done and such registration will not be counted as invalid as it is done to complete the need of law.

If three-fifty people who are present at meeting are at opinion that such body should be dissolved then they may dissolve it forever or for time being that is time decided to be dissolved for, and all needed steps has to be taken for requirement of dissolution and settlement of property, claims and liabilities if any, a per prescribe to do so.

If there is any question in regarding matter hereunder, or appointment of trustees, dissolution or any such related matter then application of such should be made to High Court so that they can give there opinion on such affected issue. Copy of such notice should be served to other person so that he can come for hearing to High Court.

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 by Samata. H. Joshi.