The Religious Societies Act, 1880

What the law governs

The Religious Societies Act, 1880 applies to certain bodies of persons associated for maintaining religious worship. It provides a way to appoint trustees, transfer trust property to newly appointed trustees, dissolve a religious body and resolve specified disputes.

The law does not apply to Hindus, Muhammadans or Buddhists. It also does not apply to persons excluded by the State Government through a notification in the Official Gazette, or to the territories excluded by its local extent clause.

Appointment of trustees

The Religious Societies Act, 1880 provides an appointment process when religious property is vested in trustees and a new trustee is needed, but the governing instrument does not prescribe a workable method.

• The body may appoint the new trustee using a method agreed by its members.
• Alternatively, appointment may be approved by at least two-thirds of the members actually present at the meeting.
• The chairman must record the appointment in a memorandum based on the form in the Schedule, or as close to that form as circumstances allow.
• The memorandum must be executed and attested by at least two credible witnesses in the presence of the meeting.
• The memorandum is treated as a document requiring registration.

Effect on property ownership

The Religious Societies Act, 1880 provides that trust property vests immediately in the new trustees together with any continuing trustees. If no old trustee continues, the property vests wholly in the new trustees. No separate conveyance or other assurance is required, and the property remains subject to the same trusts, powers and provisions.

Existing lawful methods of appointing trustees or conveying property are not invalidated.

Dissolution and remaining property

The Religious Societies Act, 1880 allows at least three-fifths of the members to decide at a properly convened meeting that the body should be dissolved. Property, claims and liabilities must then be settled under the body's applicable rules or, if there are none, as decided at that meeting.

Remaining property cannot be distributed among members after debts and liabilities are paid. It must go to another body maintaining religious worship or serving another religious or charitable purpose, unless an applicable instrument provides otherwise.

Disputes and court involvement

Disputes over adjustment of affairs may be referred to the principal Court of original civil jurisdiction where the body's chief building is situated. An interested person may also petition the High Court about membership or the validity of an appointment. The High Court's opinion has the force of a declaratory decree.