Religious Endowments Act,1863
Act No : 20
Section :
24. ["India".] Rep. by the A. O. 1948.---------------------------------------------------------------------1. The words "after the passing of this Act" rep. by Act 16 of 1874, s. 1 and Sch.2. Subs. by the A. O. 1948, for "any Govt. in India".3. A proviso to s. 22 has been added to apply only to Bengal by the Bengal Waqf Act, 1934 (Ben. Act 13 of 1934).4. Namely the Bengal Charitable Endowments, Public Buildings and Escheats Regulation, 1810 (Ben. Reg. 19 of 1810), and Madras Endowments and Escheats Regulation, 1817 (Mad. Reg. 7 of 1817).5. See now also the ancient Monuments Preservation Act, 1904 (7 of 1904.)6. A new section 23A has been added to apply only to bengal by the Bengal Waqf Act, 1934 (Ben. Act 13 of 1934).254?STATEMENT OF OBJECTS AND REASONS It has long been the avowed policy of the Government of India todivest itself of all direct concern with the management of religiousendowments, but the obligations imposed on its officers by Law in thePresidencies of Bengal and Madras present difficulties which havehitherto, as far as regards those Presidencies, prevented the fullaccomplishment of this purpose. The subject has given rise to much correspondence to which it isnot necessary more particularly to advert. It may suffice to statethat the Secretary of State in his Despatch, dated the 16th July,1860, reviewing the more recent proceedings of the Government of Indiarelative to "the repeal of those provisions of the Bengal and MadrasCodes by which the General superintendence of the endowments for thesupport of Mosques and Temples is vested in the Revenue Officers ofGovernment," expressed an opinion "that all that is requisite is anAct on the principle of Act No. X of 1840 in regard to the Temple ofJuggernath, repealing the existing enactments on the subject, andtransferring the entire superintendence of the institutions to theirrespective Trustees, provision being made for an appeal by suit in theordinary way to the established Courts of Justice in all disputesrelating to the appointment and succession to the management of Hindooand Mahomedan religious institutions, and to the control andapplication of their funds". Previous to this expression of opinion by the Secretary of State,a Bill had been brought into the Legislative Council early in 1860;simply repealing Regulation XIX. 1810 of the Bengal Code, andRegulation VII, 1817 of the Madras Code, and reserving thejurisdiction now exercised, or which but for those Regulations mighthave been exercised, by Courts of Justice, in enforcing the dueexecution or administration of any trust or endowment, and in securingthe due appointment or succession to the management thereof. To this proposed measure two objections have been made. First,that by the repeal of the Regulations above cited, the Government isrelieved of all concern in the managements not only of all religiousendowments, but also of other trusts not of a religious character,which those Regulations impose on it, and which it is not desirablethat it should be relieved of. Second, that a sudden and abruptrelinquishment by Government of the guardianship of the property ofreligious and charitable endowments which it has so long managed onbehalf of the public, without making due provision for their futuremanagement, would be unjust. Concurring in these objections, I have endeavoured to frame thisBill so as to carry out the object proposed by the Secretary of State,without interfering with the provisions of the existing law so far asthey define the duty of Government and its officers in respect topublic property not connected with religious endowments, and at thesame time to provide for the due supervision of religious endowmentswhich are now managed by the Government and its Officers, but fromwhich they will henceforth be disconnected.5th February, 1862. CECIL BEADON.
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