Religious Institutions (Prevention of Misuse) Act, 1988
No: 41 Dated: Sep, 01 1988
The Religious Institutions (Prevention Of Misuse) Act, 1988
(Act No. 41 of 1988)
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:—
1. 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.
(3) It shall be deemed to have come into force on the 26th day of May, 1988.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) ammunition shall have the same meaning as in clause (b) of sub-section (1) of section 2 of the Arms Act, 1959 (54 of 1959);
(b) arms shall have the same meaning as in clause (c) of sub-section (1) of section 2 of the Arms Act, 1959 (54 of 1959);
(c) manager, in relation to a religious institution, means every person, including any religious functionary (by whatever name called), who, for the time being, either alone or in association with other persons, administers, manages or otherwise controls the affairs of that institution, its functions or properties;
(d) political activity includes any activity promoting or propagating the aims or objects of a political party or any cause, issue or question of a political nature by organising meetings, demonstrations, processions, collection or disbursement of funds, or by the issue of directions or decrees, or by any other means, and includes also such activity by or on behalf of a person seeking election as a candidate for any election to Parliament, any State Legislature or any local authority;
(e) political party means an association or body of persons
(i) which is, or is deemed to be, registered, with the Election Commission of India as a political party under the Election Symbols (Reservation and Allotment) Order, 1968, as in force for the time being; or
(ii) which has set up candidates for election to any Legislature, but is not registered, or deemed to be registered, as a political party, under the Election Symbols (Reservation and Allotment) Order, 1968; or
(iii) organised to carry on any political activity or to acquire or exercise political power through election or otherwise;
(f) religious institution means an institution for the promotion of any religion or persuasion, and includes any place or premises used as a place of public religious worship, by whatever name or designation known.
3. Prohibition of use of religious institutions for certain purposes .No religious institution or manager thereof shall use or allow the use of any premises belonging to, or under the control of, the institution
(a) for the promotion or propagation of any political activity; or
(b) for the harbouring of any person accused or convicted of an offence under any law for the time being in force; or
(c) for the storing of any arms or ammunition; or
(d) for keeping any goods or articles in contravention of any law for the time being in force; or
(e) for erecting or putting up of any construction or fortification, including basements, bunkers, towers or walls without a valid licence or permission under any law for the time being in force; or
(f) for the carrying on of any unlawful or subversive act prohibited under any law for the time being in force or in contravention of any order made by any Court; or
(g) for the doing of any act which promotes or attempts to promote disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities; or
(h) for the carrying on of any activity prejudicial to the sovereignty, unity and integrity of India; or
(i) for the doing of any act in contravention of the provisions of the Prevention of Insults to National Honour Act, 1971 (69 of 1971)