RELIGIOUS INSTITUTIONS PREVENTION OF MISUSE ACT, 1988

S.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 except the State of Jammu and Kashmir.
       (3) It shall be deemed to have come into force on the 26th day of May, 1988.

S.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

S.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

S.4 Restrictions on carrying arms and ammunition into a religious institution

       No religious institution or manager thereof shall allow the entry of any arms or ammunition or of any person carrying any arms or ammunition into the religious institution\:"
       Provided that nothing in this section shall apply to—
       (a) the wearing and carrying of a kirpan by any person professing the Sikh religion; or
       (b) any arms which are used as part of any religious ceremony or ritual of the institution as established by custom or usage.

S.5 Prohibition of use of funds of religious institutions for certain activities

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."

S.6 Prohibition of religious fora for propagating political ideas

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."

S.7 Penalties

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."

S.8 Disqualification of persons convicted or charge-sheeted under this Act

       (1) Any manager or other employee of a religious institution shall, upon conviction for an offence under this Act, stand removed from his office 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 restraining the person from exercising the powers or discharging the duties of his office or post pending trial.
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S.9 Certain persons bound to give information to police

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)."

S.10 Repeal and saving

(1) The Religious Institutions (Prevention of Misuse) Ordinance, 1988 (Ord. 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.