21. Cases in which endowments are partly for religious and partly for secular purposes.—
In any
case in which any land or other property has been granted for the support of an establishment partly of a
religious and partly of a secular character,
or in which the endowment made for the support of an establishment is appropriated partly to religious
and partly to secular uses,
1. Subs. by Act 10 of 1940, s. 49 and the Fourth Schedule, for “Chapter VI of the Code of Civil Procedure” (w.e.f. 1-7-1940).
2. Subs. by s. 49 and the Fourth Schedule, ibid., for “section 312 of the said Code” (w.e.f. 1-7-1940).
3. Subs. by s. 49 and the Fourth Schedule, ibid., for “section 312 of the said Code of Civil Procedure” (w.e.f. 1-7-1940).
4. The words “The application may be made upon unstamped paper.” rep. by Act 7 of 1870, s. 2 and the Third Schedule
(w.e.f. 1-4-1870).
5. The words “In calculating the costs at the termination of the suit, the stamp duty on the preliminary application shall be estimated,
and shall be added to the costs of the suit.”, rep. by s. 2 and the Third Schedule, ibid.
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the Board of Revenue, before transferring to any trustee, manager or superintendent, or to any committee
of management appointed under this Act, shall determine what portion, if any, of the said land or other
property shall remain under the superintendence of the said Board for application to secular uses,
and what portion shall be transferred to the superintendence of the trustee, manager or superintendent, or
of the committee,
and also what annual amount, if any, shall be charged on the land or other property which may be so
transferred to the superintendence of the said trustee, manager or superintendent, or of the committee, and
made payable to the said Board or to the local agents, for secular uses as aforesaid.
In every such case the provisions of this Act shall take effect only in respect to such land and other
property as may be so transferred.
22. Government not to hold charge henceforth of property for support of any mosque, temple,
etc.—Except as provided in this Act, it shall not be lawful 1*** for 2[the Central Government or any State
Government], or for any officer of any Government in his official character,
to undertake or resume the superintendence of any land or other property granted for the support of, or
otherwise belonging to, any mosque, temple or other religious establishment, or
to take any part in the management or, appropriation of any endowment made for the maintenance of any
such mosque, temple or other establishment, or
to nominate or appoint any trustee, manager or superintendent thereof, or to be in any way concerned
therewith3.
23. Effect of Act in respect of Regulations therein mentioned, and of buildings of antiquity, etc.—
Nothing in this Act shall be held to affect the provisions the 4Regulations mentioned in this Act, except in so
far as they relate to mosques, Hindu temples and other religious establishments; or to prevent the Government
from taking such steps as it may deem necessary, under the provisions of the said Regulations, to prevent
injury to and preserve buildings5 remarkable for their antiquity, or for their historical or architectural value, or
required for the convenience of the public.6
24. [“India”].—Rep. by the A.O. 1948.
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1. The words “after the passing of this Act” rep. by Act 16 of 1874, s. 1 and the Schedule (w.e.f. 16-12-1874).
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) (w.e.f. 18-3-1904).
6. A new section 23A has been added to apply only to Bengal by the Bengal Waqf Act, 1934 (Ben. Act 13 of 1934).
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