Religious Institutions (Prevention of Misuse) Act,1988
Act No : 41
Section : SHORT TITLE, EXTENT AND COMMENCEMENT
RELIGIOUS INSTITUTIONS (PREVENTION OF MISUSE) ACT, 1988
41 of 1988
1st September, 1988
The question of misuse of religious institutions for political and other purposes has been engaging the attention of the Government, for some time. Assurances had also been made in Parliament and outside that necessary legislation in this regard would be brought not soon. In the light of certain incidents in the State of Punjab, it had become necessary to immediately bring out a legislation to prohibit the carrying on of political and other activities in religious institutions. Accordingly, the Religious Institutions (Prevention of Misuse) Ordinance, 1988 was promulgated by the President on 26th May. 1988. The said Ordinance provided for the following, among other things, namely :-
(1) The religious institutions were prohibited from using or allowing the use of any premises belonging to the institution for the promotion of propagation of any political activity, or for the storing of any arms or ammunition or for the carrying on of any unlawful or subversive act prohibited under any law for the time being in force or for the doing of any act which promotes or attempts to promote disharmony or feeling of enmity, hatred or ill -will between different religious, racial, language groups, etc, and for the carrying of any activity prejudicial to the sovereignty, unity and integrity of India.
(2) The religious institutions shall not allow the entry of any arms or ammunition or of any person carrying any arms or ammunition into the religious institution.
(3) The funds or other property belonging to religious institutions should not also be used for the benefit of any political party or for the purpose of any political activity. The religious institutions shall not also allow any ceremony. festival, congregation, etc. to be organised or held under its auspices to be used for any political activity.
(4) The Ordinance also defined the expressions "political activity", "political party", etc.
(5) Deterrent punishments were provided for the contravention of the provisions of the Ordinance. In addition, the persons convicted will also be disqualified for appointment in any religious institution for a period of six years from the date of conviction. Provision had also been made for restraining any person connected with the religious institution and accused of an offence under the Ordinance from performing the duties of his office pending trial.
2. The Bill seeks to replace the aforesaid Ordinance. -Gaz. of India, 2-9- 1988, Pt. II-S. 1. Ext., p. 1.
An Act to prevent the misuse of religious institutions for political and other purposes.
Be it enacted by Parliament in the Thirty ninth Year of the Republic of India as follows :-
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
- (1) This Act may be called the Religious Institutions (Prevention of Misuse) Act. 1988.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall be deemed to have come into force on the 26th day of May. 1988.
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