Religious Societies Act, 1880

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THE RELIGIOUS SOCIETIES ACT, 1880
 
 
 
CONTENTS
 
 
Preamble
 
 
1.
 
Short title
 
Local extent
 
2. 
 
Appointment of new trustee in cases not otherwise provided for
 
3. 
 
Appointment under section 2 to be recorded in a memorandum under the hand of the 
chairman of the meeting
 
4. 
 
Property to vest in new trustees without conveyance
 
5. 
 
Saving of existing modes of appointment and conveyance
 
6. 
 
Provision for dissolution of Soc
ieties and adjustment of their affairs
 
7.
 
Upon a dissolution no member to receive profit
 
8. 
 
Saving of certain provisions of instruments
 
9. 
 
Questions may be submitted to High Court
 
 
 
 
 

 
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THE RELIGIOUS SOCIETIES ACT, 1880
 
1
ACT No I OF 1880
 
[
9
th
 
January
, 1880] 
 
An Act to confer certain powers on Religious Societies
 
Preamble. 
WHEREAS it is expedient to simplify the manner in which certain bodies of 
persons associated for the purpose of maintaining religious worship may hold property acquired for 
such purpose, and to provide for the dissolution of such bodies and the adjustment 
of their affairs and 
for the decision of certain questions relating to such bodies; It is hereby enacted as follows
 
:
___
 
 
1. Short title. 
This Act may be called the Religious Societies Act, 1880. 
 
Local extent. 
It 
1
[
* * *
]
 
shall extend to 
2
[
 
the
 
whole of Pakistan] but nothing herein contained 
shall apply to any Hindus, 
3
[Muslims] or Buddhists, or to any persons whom the 
4
[P
rovincial 
Government] may from time to time, by notification in the 
5
[O
fficial Gazette], exclude from the 
operation of this A
ct. 
 
2. Appointment of new trustee in cases not otherwise provided for. 
When any
 
body of 
persons associated for the purpose of maintaining religious worship has acquired, or hereafter shall 
acquire, any property, and such property has been or hereafter sha
ll be vested in trustees in trust for 
such body, and it becomes necessary to appoint a new trustee in the place of or in addition to any such 
trustee or any trustee appointed in the manner hereinafter prescribed, 
and no manner of appointing 
such new truste
e is prescribed by any instrument by which such property was so vested or by which 
the trusts on which it is held have been declared, or such new trustee cannot for any reason be appointed 
in the manner so prescribed, such new trustee may be appointed in s
uch manner as may be agreed upon 
by such body, or by a majority of not less than two
-
thirds of the members of such body actually present 
at the meeting at which the appointment is made. 
 
3. Appointment under section 2 to be recorded in a memorandum under t
he hand of the 
chairman of the meeting. 
Every appointment of new trustees under section 2 shall be made to appear 
by some memorandum under the hand of the chairman for the time being of the meeting at which such 
appointment is made. 
 
Such memorandum shall 
be in the form set forth in the schedule hereto annexed, or as near 
thereto as circumstances allow, shall be executed and attested by two or more credible witnesses in the 
presence of such meeting, and shall be deemed to be a document of which the registra
tion is required 
by the 
6
[Registration Act, 1908 (XVI of 1908)] section 17. 
 
 
 
1
For Statement 
of Objects and Reasons, 
see
 
Gazette of India, 1879, Pt. V, p.770; for Proceedings in Council, 
see ibid
., 1879, Supplement, pp. 598, 745; 
and 174, 
ibid
., 1880. Supplement, pp. 23 and 170.
 
This Act has been amended to the extent of Islamabad Capital Territory, see 
Ordinance
 
No. 27 of 1981, s. 5 and 4
th
 
Sch. 
 
2
The words “shall come into force at once, and” re
p. by the Repe
aling and Amending Act, 1914 (X
 
of 1914). 
 
3
Subs. by the Central Laws (Stat
ute Reform) Ordinance, 1960 (XXI 
of 1960), s. 
3 and 2nd Sch. (w. e.f 
 
the 14th October, 1955
).
 
 
4
Subs. by Federal Adaptation Order
, 1975, Art. 2 and Table, for “Muhammadans”. 
 
5
Subs. by Adaptation Order
, 1937
, for the words “L. G” which had been subs. for the words “G.G. in C” by the Devolution Act, 1920 (38 of 1920), s. 2 
and Sch I.
 
6
Subs. by A.O., 1937
, for the words “local officia
l Gazette” which had been subs. for the words “Gazette of India” by Act 38 of 1920, s. 2 and Sch. I
 
7
Subs. by Ord
inance
, XXVII of 1981, s. 5 and Sch. IV (only to the extent of Islamabad Capital Territory.)
 
 
 
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4. Property to vest in new trustees without conveyance. 
When any new trustees have been 
appointed, whether in the manner prescribed by any such instrument as aforesaid or in the manner 
hereinbefore provided, the property subject to the trust shall forthwit
h, notwithstanding anything 
contained in any such instrument, become vested, without any conveyance or other assurance, in such 
new trustees and the old continuing trustees jointly, or, if there are no old continuing trustees, in such 
new trustees wholly, 
upon the same trusts, and with and subject to the same powers and provisions, as 
it was vested in the old trustees. 
 
5. Saving of existing modes of appointment and conveyance. 
Nothing herein contained shall 
be deemed to invalidate any appointment of new tr
ustees, or any conveyance of any property, which 
may hereafter be made as heretofore was by law required. 
 
6. Provision for dissolution of Societies and adjustment of their affairs. 
Any number not 
less than three
-
fifths of the members of any such body as a
foresaid may at a meeting convened for the 
purpose determine that such body shall be dissolved; and thereupon it shall be dissolved forthwith, or 
at the time then agreed upon; and all necessary steps shall be taken for the disposal and settlement of 
the pr
operty of such body, its claim and liabilities, according to the rules of such body applicable 
thereto, if any, and, if not, then as such body
 
at such meeting may determine :
 
Provided that, in the event of any dispute arising among the members of such body
, the 
adjustment of its affairs shall be referred to the principal Court of original civil jurisdiction of the 
district in which the chief building of such body is situate
 
; and the Court shall make such order in the 
matter as it deems fit. 
 
7. Upon a dissolution no member to receive profit. 
If upon the dissolution of any such body 
there remains, after the satisfaction of all its debts and liabilities, any property whatsoever, the same 
shall not be paid to or distributed among the members of s
uch body or any of them, but shall be given 
to some other body of persons associated for the purpose of maintaining religious worship or some 
other religious or charitable purpose to be determined by the votes of not less than three
-
fifths of the 
members p
resent at a meeting convened in this behalf, or in default thereof by such Court as last 
aforesaid. 
 
8. Saving of certain provisions of instruments. 
Nothing in sections 6 and 7 shall be deemed 
to affect any provision contained in any instrument for the dis
solution of such body, or for the payment 
or distribution of such property. 
 
9. Questions may be submitted to High Court. 
When any question arises, either in 
connection with the matters hereinbefore referred to, or otherwise, as to whether any person is a 
member of any such body as aforesaid, or as to the validity of any appointment under this Act, any 
person interested in such question may apply by petition to the High Court for its opinion on such 
question. A copy of such petition shall be served upon, an
d the hearing thereof may be attended by, 
such other person interested in the question as the Court thinks fit. 
 
Any opinion given by the Court on an application under this section shall be deemed to have 
the force of a declaratory decree
1
. 
 
The costs of e
very application und
er this section shall be in the
 
discretion of the Court. 
 
 
1
As to effect of a declaratory decree, 
see s. 
43 of
 
the Specific Relief Act 1877 (I
 
of 1877). 
 
 
 
 
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THE SCHEDULE
 
(See 
section 3)
 
Memorandum of the appointment of the new trustees of the 
(describe the church, chapel or 
other building and property) 
situate at a meeting duly convened and held for that purpose 
(in the vestry 
of the said) 
on the day of 18
, 
A. B. 
of Chairman. 
 
Names and d
escriptions of all the trustees on the constitution or last appointment of trustees, 
made the day of. 
 
(here insert the same.)
 
Name and descriptions of all the trustees in whom the said 
(chapel and property) 
now become 
legally vested, 
 
First.
 
___
Old contin
uing trustees
 
:
___
 
 
(here insert the same.)
 
Second.
 
___
New tr
ustees now chosen and appointed
 
:
___ 
 
(here insert the same.)
 
Dated this day of 18
. 
 
Signed by th
e said A.B. as chairman of
 
A.B
.
 
the
 
said Meeting, at and in the presence of the 
 
Chairman of the 
 
the said meetin
g on the day and year aforesaid
. 
 
s
aid Meeting.
 
in the presence of
–
 
 
C.D.
 
E.F.
 
___________
 
 
 
 
 
 
 
 
Date: 16
-
09
-
2024