The Religious Endowments Act, 1863

Purpose and present position

The Religious Endowments Act, 1863 was designed to relieve the Boards of Revenue and local agents in the Presidencies of Fort William in Bengal and Fort Saint George from managing specified religious establishments and their endowed property.

The source records important limits on its operation:

• It was repealed in Madras, for Hindu religious endowments, by the Madras Hindu Religious Endowment Act, 1926.
• It ceased to be in force in the State of Madras under Madras Act 22 of 1959.
• It does not apply to a wakf covered by the Wakf Act, 1954.
• Section 22 applied to the whole of India except Part B States.

These points are especially relevant to a Tamil Nadu reader assessing whether the Act remains a basis for present property administration.

Transfer of religious property

The Religious Endowments Act, 1863 required the State Government to transfer land and other property held by the Board of Revenue or a local agent to the existing trustee, manager or superintendent of the mosque, temple or other religious establishment, where that appointment was not controlled or confirmed by the Government or a public officer.

Following transfer:

• The Board of Revenue and local agents generally ceased to have powers and responsibilities over the establishment and transferred property.
• Earlier acts and liabilities of the Board of Revenue or local agent were preserved.
• The receiving trustee, manager or superintendent could exercise the former recovery powers relating to rent from transferred land or property.
• Existing rights, powers, responsibilities and appointment conditions generally continued, subject to the changes made by the Act.

Committees and management disputes

The Religious Endowments Act, 1863 required the State Government to make special arrangements where appointment of a trustee, manager or superintendent was controlled or confirmed by the Government or a public officer.

Key provisions included:

• One or more committees could be appointed in each division or district to replace the Board of Revenue and local agents.
• Each committee had to contain at least three people belonging to the religion for which the establishment was founded or maintained.
• Appointments were to reflect, as far as ascertainable, the general wishes of interested persons and were to be notified in the Official Gazette.
• Committee members held office for life unless removed by the Civil Court for misconduct or unfitness.
• Interested persons could apply to the Civil Court when a dispute arose over succession to a vacant trustee, manager or superintendent position. The Court could appoint a manager until the succession right was established through a suit.