The RELIGIOUS ENDOWMENTS ACT, 1977 (1920 A.D.). (Act No. L of Samvat 1977)

RELIGIOUS ENDOWMENTS ACT,
SVT., 1977.
(Act No. L of 1977)
THE RELIGIOUS ENDOWMENTS ACT, 1977
(1920 A.D.).
(Act No. L of 1977)
CONTENTS
Amendments made after 1971 edition by Act No.—
(i) XXXVI of 1978.
_______
Preamble
SECTION
1. Short title and extent.
2. Persons interested may
singly sue in case of breach
of trust, etc. Power of Civil
Court.
3. Nature of interest entitling
person to sue.
4. Reference to arbitrators.
Arbitration Act applied.
SECTION
5. Reference under Arbitration
Act.
6. Application for leave to
institute suits. Costs.
7. Court may require accounts
of trust to be filed.
8. Proceedings for criminal
breach of trust.
RELIGIOUS ENDOWMENTS ACT, SVT. 1977 (1920 A. D.)119
RELIGIOUS ENDOWMENTS ACT, SVT. 1977 (1920 A. D.)121
Power of
Civil Court.
1. Omitted by Act XXXVI of 1978, s. 2.
THE RELIGIOUS ENDOWMENTS ACT, 1977 (1920 A.D.).
(Act No. L of Samvat 1977)
[Sanctioned by His Highness the Maharaja Sahib Bahadur per Chief
Minister’s endorsement No. 8372, dated the 11th September, 1920 read with
State Council Resolution No. 1, dated 8th April, 1925 (Notification No. 14-
L/81) and published in Government Gazette dated 16th Chet., 1977.]
An Act to enable persons interested in religious endowments to sue
the trustee, manager or superintendent of such endowment.
Preamble.—Whereas it is expedient to make provisions to enable
person interested in a religious endowment to sue the trustee, manager or
superintendent of such endowment ; It is hereby enacted as follows :—
1. Short title and extent.—(1) This Act may be called the Religious
Endowments Act, 1977.
(2) It shall extend to the whole of the State. It shall come into force
on the 1st day of Baisakh, 1978.
2. Persons interested may singly sue in case of breach of trust, etc.—
Any person or persons interested in any mosque, temple or religious
establishment, I[ x x x x ] or in the provenance of the worship or of the service
thereof, or the trusts relating thereto, may, without joining as plaintiff any
of the other persons interested therein, sue before the Civil Court the Trustee,
manager or superintendent of such mosque, temple or religious establishment,
for any misfeasance, breach or trust or neglect of duty, committed by such
trustee, manager or superintendent in respect of the trusts vested in, or
confined to them respectively ;
 and the Civil Court may direct the specific performance of any
act by such trustee, manager or superintendent,
and may decree damages and costs against such trustee, manager or
superintendent.
3. Nature of interest entitling prison to sue.—The interest required
in order to entitle a person to sue under the last preceding section need
not be a pecuniary, or direct or immediate, interest or such an interest
as would entitle the person suing to take any part in the management
or superintendence of the trusts.
132 RELIGIOUS ENDOWMENTS ACT, SVT. 1977 (1920 A. D.)
1. Substituted for “Schedule II of the Code of Civil Procedure” by Act II of 2002.
2. Substituted for “Schedule II Paragraph I of the said Code” by Act II of 2002.
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.
4. Reference to arbitrators.—In any suit or proceeding substituted
under this Act it shall be lawful 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.
Arbitration Act applied.—Whenever any such order shall be made, the
provisions of 1[Chapter IV of the Jammu and Kashmir Arbitration Act] shall
in all respects apply to such order and arbitration, in the same manner as
if such order had been made on the application of the parties under 2[section
21 of the said Act.]
5. Reference under Arbitration Act.—Nothing in the last  Preceding
section shall prevent the parties from replying to the Court or the Court from
making the order of reference under 2[section 21 of the Jammu and Kashmir
Arbitration Act.]
6. Application for leave to institute suits.—No suit shall be entertained
under this Act without a preliminary application being first made to the Court
for leave to institute such suit.
The Court, on the perusal of the application shall determine whether
there are sufficient prima 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.
Costs.—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 of such portion as it may consider just to be paid out of the estate.
7. Court may require accounts of trust to be filed.—Before giving leave
for institution of a suit, or, after leave has been given, before any proceeding
is taken, or at any time when the suit is pending, the Court may order the trustee,
manager or superintendent, as the case may be, to file in Court the accounts
of the trust, or such part thereof as the Court may seem necessary.
8. Proceedings for criminal breach of trust.—No suit or proceeding
before any Civil Court under the preceding sections shall in any way affect
or interfere with any proceeding in a Criminal Court for criminal breach of trust.

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