« ΠροηγούμενηΣυνέχεια »
or other religious establishment, was founded, or is now maintained, and in accordance, so far as can be ascertained, with the general wishes of those who are interested in the maintenance of such mosque, temple, or other religious establishment. The appointment of the committee shall be notified in the official Gazette. In order to ascertain the general wishes of such persons, in respect of such appointment, the local Government may cause an election to be held, under such rules (not inconsistent with the provisions of this Act) as shall be framed by such local Government.
IX. Every member of a committee appointed as above shall hold his office Every member to for life, unless removed for misconduct or unfitness, and no such member shall life, unless removed be removed except by an order of the Civil Court as hereinafter provided. for misconduct, &c.
Whenever any vacancy shall occur among the members of a committee Provision for filling appointed as above, a new member shall be elected to fill the vacancy, by the up vacancies. persons interested as above provided. The remaining members of the committee shall, as soon as possible, give public notice of such vacancy, and shall fix a day, which shall not be later than three months from the date of such vacancy, for an election of a new member by the persons interested as above provided, under rules for elections which shall be framed by the local Government, and whoever shall be then elected, under the said rules, shall be a member of the committee to fill such vacancy. If any vacancy as aforesaid shall not be filled up by such election as aforesaid within three months after it has occurred, the Civil Court, on the application of any person whatever, may appoint a person to fill the vacancy, or may order that the vacancy be forthwith filled up by the remaining members of the committee, with which order it shall then be the duty of such remaining members to comply, and if this order be not complied with, the Civil Court may appoint a member to fill the said vacancy.
XI. No member of a committee appointed under this Act shall be capable of No member of a being, or shall act also as a trustee, manager, or superintendent of the mosque, trustee, &c., of the teniple, or other religious establishment, for the management of which such mosque, &c., under committee shall have been appointed.
charge of such
committee. XII. Immediately on the appointment of a committee as above provided, for On appointment of the superintendence of any such mosque, temple, or religious establishment, and local agents to and for the management of its affairs, the Board of Revenue, or the local agents transfer property. acting under the authority of the said Board, shall transfer to such committee all landed or other property which at the time of appointment shall be under the superintendence, or in the possession of the said Board or local agents, and belonging to the said religious establishment, except as is hereinafter provided for, and thereupon the powers and responsibilities of the Board and the local agents, in respect to such mosque, temple, or religious establishment, and to all land and other property so transferred, except as above, and except as regards acts done and liabilities incurred by the said Board or agents previous to such transfer, shall cease and determine. All the powers which might be exercised by any Board or local agent, for the recovery of the rent of land or other property transferred under this section, may from the date of such transfer be exercised by such committee to whom such transfer is made.
XIII. It shall be the duty of every trustee, manager, and superintendent of Accounts of receipte a mosque, temple, or religious establishment to which the provisions of this and disbursements. Act shall apply, to keep regular accounts of his receipts and disbursements, in respect of the endowments and expenses of such mosque, temple, or other religious establishment; and it shall be the duty of every committee of management, appointed or acting under the authority of this Act, to require from every trustee, manager, and superintendent of such mosque, temple, or other religious establishment, the production of such regular accounts of such receipts and disbursements at least once in every year, and every such committee of management shall themselves keep such accounts thereof.
XIV. Any person or persons interested in any mosque, temple, or religious Any person interestablishment, or in the performance of the worship or of the service thereof, case of breach of or the trusts relating thereto, may, without joining as plaintiff any of the trust, &c. other persons interested therein, sue before the Civil Court the trustee, manager, or superintendent of such inosque, temple, or religious establishment, or the member of any committee appointed under this Act, for any misfeasance,
breach of trust, or neglect of duty committed by such trustee, manager, superintendent, or member of such committee, in respect of the trusts vested in, or confided to them respectively, and the Civil Court may direct the specific performance of any act by such trustee, manager, superintendent, or member of a committee, and may decree damages and costs against such trustee, manager, superintendent, or member of a committee, and may also direct the removal of
such trustee, manager, superintendent, or member of a committee. Nature of interest XV. The interest required in order to entitle a person to sue under the last entitling a person preceding section, need not be a pecuniary or a direct or immediate interest, or to sue.
such an interest as would entitle the person suing to take any part in the management or superintendence of the trusts. Any person having a right of attendance, or having been in the habit of attending, at the performance of the worship or service of any mosque, temple, or religious establishment, or of partaking in the benefit of any distribution of alms, shall be deemed to be a
person interested within the meaning of the last preceding section. Reference to arbi- XVI. In any suit or proceeding instituted under this Act, it shall be lawful trators.
for the Court before which such suit or proceeding is pending, to order any matter in difference in such suit to be referred for decision to one or more arbitrators. Whenever any such order shall be made, the provisions of Chapter VI. of the Code of Civil Procedure shall in all respects apply to such order and arbitration, in the same manner as if such order had been made on the applica
tion of the parties under Section 312 of the said Code. Reference under XVII. Nothing in the last preceding section shall prevent the parties from section 312 of Civil applying to the Court, or the Court from making the order of reference, under Procedure Code.
the said Section 312 of the said Code of Civil Procedure. Preliminary appli- XVIII. No suit shall be entertained under this Act without a preliminary cation for leave to institute suit.
application being first made to the Court for leave to institute such suit. The application may be made upon unstamped paper. The Court, on the perusal of the application, shall determine whether there are sufficient primâ facie grounds for the institution of a suit, and if in the judgment of the Court there are such grounds, leave shall be given for its institution. In calculating the costs at the termination of the suit, the stamp duty on the preliminary application shall be estimated, and shall be added to the costs of the suit. If the Court shall be of opinion that the suit has been for the benefit of the trust, and that no party to the suit is in fault, the Court may order the costs, or such portion
as it may consider just, to be paid out of the estate. Court may require XIX. Before giving leave for institution of a suit, or after leave has been accounts of trust
given, before any proceeding is taken, or at any time when the suit is pending, to be filed.
the Court may order the trustee, manager, or superintendent, or any member of a committee, as the case may be, to file in Court the accounts of the trust, or
such part thereof as to the Court may seem necessary. No civil suit to bar
XX. No suit or proceeding before any civil court under the preceding secproceedings for
tions shall in any way affect or interfere with any proceeding in a criminal
court for criminal breach of trust. trust. Provision for cases XXI. In any case in which any land or other property has been granted for in which the
the support of an establishment partly of a religious and partly of a secular endowments are partly for religious character, or in which the endowment made for the support of an establishment and partly for is appropriated partly to religious and partly to secular uses, the Board of secular purposes.
Revenue, before transferring to any trustee, manager, or superintendent, or to any committee of management appointed under this Act, shall determine what portion, if any, of the said land or other property shall remain under the superintendence of the said Board for application to secular uses, and what portion shall be transferred to the superintendence of the trustee, manager, or superintendent, or of the committee, and also what annual amount, if any, shall be charged on the land or other property which may be so transferred to the superintendence of the said trustee, manager, or superintendent, or of the committee, and made payable to the said Board or to the local agents, for secular uses as aforesaid. In every such case the provisions of this Act shall take effect only in respect to such land and other property as may be so transferred.
criminal breach of
XXII. Except as provided in this Act, it shall not be lawful after the Government not to passing of this Act, for any Government in India, or for any officer of any forth of property Government in his official character, to undertake or resume the superinten- for support of any dence of any land or other property granted for the support of, or otherwise mosque, temple, &c. belonging to, any mosque, temple, or other religious establishment, or to take any part in the management or appropriation of any endowment made for the maintenance of any such mosque, temple, or other establishment, or to nominate or appoint any trustee, manager, or superintendent thereof, or to be in any way concerned therewith.
XXIII. Nothing in this Act shall be held to affect the provisions of the Effect of Act in regulations mentioned in this Act, except in so far as they relate to mosques, respect of regular. Hindoo temples, and other religious establishments ; or to prevent the Govern- tioned, and of ment from taking such steps as it may deem necessary, under the provisions buildings of antiof the said regulations, to prevent injury to and preserve buildings remarkable quity, &c. for their antiquity, or for their historical or architectural value, or required for the convenience of the public.
XXIV. The word " India " in this Act shall denote the territories which are India. or may become vested in Her Majesty by the statute 21 & 22 Vict., c. 106, entitled, “An Act for the better Government of India.”
EAST INDIA (SED ASHEGAR HAR B O U R).
A “ COPY of all CORRESPONDENCE not hitherto laid upon the Table,
relative to the PIER and HARBOUR of SEDASHEGAR, and Roads leading thereto."
า 2 March 1863.
W. T. THORNTON, Secretary,
Public Works Department.
Ordered, by The House of Commons to be Printed,
3 March 1863