Page:Acts of the Parliament of India 1988.pdf/466

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438
Religious Institutions (Prevention of Misuse)
[act 41 of 1988]

Prohibition of use of funds of religious institutions for certain activities. 5. No religious institution or manager thereof shall use or allow the use of any funds or other properties belonging to, or under the control of, the institution for the benefit of any political party or for the purpose of any political activity or for the commission of any act which is punishable as an offence under any law.



Prohibition of religious for a for propagating political ideas. 6. No religious institution or manager thereof shall allow any ceremony, festival, congregation, procession or assembly organised or held under its auspices to be used for any political activity.


Penalties. 7. Where any religious institution or manager thereof contravenes the provisions of section 3, section 4, Section 5 or section 6, the manager and every person connected with such contravention shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to ten thousand rupees.

Disqualification of persons convicted or charge-sheeted under this Act. 8. (1) Any manager or other employee of a religious institution shall, upon conviction for an offence under this Act, stand removed from his officer or post and shall, notwithstanding anything to the contrary contained in any other law, be disqualified for appointment in any religious institution as manager or in any other capacity for a period of six years from the date of his conviction.

(2) 'Where any manager or other employee of a religious institution is accused of an offence under this Act and a charge-sheet for the prosecution of such person is filed in any court and the court is of the opinion, after considering the charge-sheet and after hearing the prosecution and the accused, that a prima facie case exists, it shall pass an order or direction accused, that a prima facie case exists, it shall pass an order or directhe duties of his office or post pending trial.

(3) Where any manager or other employee has been removed under sub-section (1), or restrained under sub-section (2), the vacancy arising out of such removal or restraint may be filled in the manner provided in the law applicable to the said religious institution.

Certain persons bound to give information to police. 9. Every manager or other employee of a religious institution shall be bound to give information to the officer incharge of the police station within whose local jurisdiction the religious institution is situate of any contravention, or any impending contravention of the provisions of this Act and any failure to do so shall be punishable under section 176 of the Indian Penal Code 45 of 1860..

Repeal and saving. 10. (1) The Religious Institutions (Prevention of Misuse) Ordinance, 1988Ord. 3 of 1988. is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.