Indian Church Act 1927 PDF
Indian Church Act 1927 PDF
Section.
1. Interpretation.
2. Certain events to happen as from date of severance.
3. Saving of certain rights.
4. Resumption of control of Maintained Churches.
5. Power to make rules.
6. Incorporation and powers of Indian Church Trustees
and vesting of property.
7. Interpretation of documents.
8. Trusts.
9. Saving rights.
10. Provisions as to marriages.
11. Coinmencement.
12. Short title.
SCHEDULES.
CHAPTER 40.
An Act to)nake provision incidental to and conse- A.D. 1927.
quential on the dissolution of the legal union
between the Church of Engl.and and the Church
of England in India. [22nd December 1927 .]
"lXJHEREAS by the lndian Church Measure, 1927,
\' l provision is made for the dissolution of the legal-
union between the Church of England and the Church of
England in India. 2
And · whereas for the putpose of giving effect to
certain changes consequential on the said Measure it is
expedient that the provisions hereinafter contained
should be enacted by Parliament :
Be it therefore enacted by the King's most Excellent
Majesty, by and with the advice and-consent of the
Lords Spiritual and Temporal1 and Cominons, in this
present Parliament assembled, and by the authority of
the same, as follows : -
1. In this Act- Interpreta-
tion.
The expression " date of severance " means such
day as may be fixed under the said Measure
as the date for the dissolution of such union
as aforesaid;
The expression " Indian Church " means, in respect
of the period before the date of severance, the
Church of England in India and, in respect
A 2 1
[CH. 40.] Indian Church [17 & 18 GEO. 5.]
Act, 1927.
A.D. 1927. of the period commencing on the date of
severance, the Church of England in India
as severed from the Church of England not-
withstanding the adoption by the said church
of any other name or names;
The expression " the Bishop of Calcutta " means
the occupant for the time being of the See of
Calcutta, whether or not that See is consti-
tuted an Archiepiscopal See;
The expression " General Council " means the
body recognised as such by the Bishop of
Calcutta;
The expression" chaplain" means a clergyman in
priest's orders in the Church of England or
a church in communion with the Church of
England who is appointed by the Secretary
of State in Council of India to a chaplaincy
in pursuance of his existing practice or
pQwers, or any such clergyman in the per-
manent service of the Crown who is accepted
by the Secretary of State in Council as holding
a like chaplaincy;
The expression " Maintained Church " means a
church specified in the list contained in the
Second Schedule to this Act as varied from
time to time under the provisions of the Act
. or of rules made thereunder;
The expression "property subject to tills Act"
means all property of whatsoever kind held
on behalf of or for the benefit of the Indian
Church or of any diocese or dioceses or other
part or parts thereof or of any person holding
office in the said church or any diocese thereof
as such or for. the furtherance of any religious,
educational or philanthropic work in connec-
tion therewith;
The expressions " the Societies Registration Act.
1860," "the Indian Companies Act, 1913,"
and " the Indian Christian Marriage Act,
1872," mean the Acts of the Indian Legislature
which may be cited by those titles respec-
tively.
2
[17 & 18 GEO. 5.] Indian Church (CH. 40.]
Act, 1927.
2. As from the date of severance- A.D. 1927.
(i) The enactment mentioned in the first column Ce tain
of the First Schedule to this Act shall be ev~nts to
repealed to the extent specified in the second happen as
column of the said Schedule; from date of
(ii) All Letters Patent of His :Majesty by or under sev!"rance.
the authority of which any bishop or arch-
deacon has been appointed to a bishopric
or archdeaconry in the Indian Church, whether
issued in pursuance of an Act of Parliament
or not, shall be deemed to be spent and of no
effect whatsoever in law, but without preju-
dice to any lawful act done under the authority
of such Letters Patent before the date of
severance:
Provided that nothing in this paragraph
shall be deemed to terminate the appointment
of any such bishop or archdeacon or to affect
any right or claim which any such bishop or
archdeacon may have to any salary, pension,
allowance or other payment;
(iii) No person shall be appointed or nominated
by His :Majesty by virtue of any existing
right of patronage, appointment or nomina-
tion to any bishopric in the Indian Church;
(iv) Every ecclesiastical corporation of the Indian
Church whether sole or aggregate shall be
dissolved:
Provided that this enactment shall not
apply to any corporation created under the
Societies Registration Act, 1860, the Indian
Companies Act, 1913, or any other Act of the
Indian Legislature authorising the registra-
tion or incorporation of companies.
3. Save as expressly provided in this Act or in rules Saving of
made thereunder- certain
' hs tandin g any d ef ects or informalit'1es m
( 1) N ot"'1t ' rights.
the documents or proceedings, it is declared
that where any church or burial ground has
been consecrated before the commencement of
this Act with the approval or at the request of
a competent civil authority and the site thereof
was at the date of the sentence of consecration
3
(C~. 40.] · lrtdian Church [l7 & l8 GEo. 5,]
Act? 1927.
A.D. Hl:l7. and has ever since remained vested in the
Crown such consecration shall be· deemed to
have conferred upon the Indian Church and
npoll its officials and members respectively such
rights of possession, control, and user of the
site and buildings (if any) as they respectively
would have had if prior to the pronouncing of
the sentence of consecration the site and build-
ings had ·been conveyed or assured to a person
or persons to hold the same on behalf of or in
trust for the Indian Church :
(2) The Indian Church anq the officials and members
thereof respectively sha)l have and be entitled
to exercise, after the date of severance, all such
rights of possession, control and user of the site
~nd buildings (if any} of any consecrated church
or burial ground as the Indian Church and the
officials and members thereof respectively had
. i:rpmediately prior to that date, and all references
· to "the Uniteq Church of England and Ireland",
·~the Ohurch of England " or " the Church of
Engla;nd in India" (whether such terms are
used with or without the addition of the words
•f as by law established") in any petition for or
sentence of consecration or in any conveyance
or declaration of dedication of the site of any
such church or burial ground shall be construed
as references to the Indian Church.
Resumption 4.-(1) If the Archpishop of Canterbury shall certify
of ~o?t~ol of
by a "M'iting under his J!and sent to the Governor-General
~~~~~~ed of lmlia in Council that the Indian Church has ceased to
- · be in communion with the Church of England, the
Governor-General of India in Council on rec~ipt of such
certificate shall cause the same to be published in the
Gazette of India and shall forward a certified copy to the
Bishop of Calcutta and thereupon shall be at liberty to
resume complete control of all or any Maintained C.Q.urches
or burial grounds, whether consecrated or not, l:J,nd the
Indiiln Church and the officials and members thereof
respectively shall cease to have any :rights therein.·
(2)-(i) Every such resumption of complete control
shall pe effected by not less than twelve months' notice
~ent to the Bishop of Calcutta and expiring at the end of
11 financial year of the Government of India.
4
[17 & IS GEO. 5.] Indian Church [CH. 40,]
Act, 1927.
(ii) No such notice shall be vaJid unless given before A.D. 1027.
the expiration of two years from the date of the publica-
tion of the certificate of the Archbishop of Canterbury.
(3) Upon such resumption of complete control of a
church or burial ground the church or buria.l ground
f;hall, if not already so vested, by virtue of such notice
and without any conveyance being necessary vest in the
Grown or such person or persons as the Governor-General
of India in Council shall appoint for an absolute estate in
possession, and if duly consecrated shall be held in trust
for the purposes of the Church of England, and shall be
freed from any claim by the Indian Church or any
officials or members thereof connected therewith.
5. The. Governor..General of India in Council, with Power to
the sanctioq. of the Secretary of State in Council of India, make rules.
and, save as by the rules expressly provided, with the
concurrence of the Bishop of Calcutta, may make rules-
(i) Regulating the licensing, posting, discipline, mini-
strations, duties, and supervision of chaplains;
(ii) Providing for episcopal nllnist:ra.tions and the
making of gra.nts out of the revenues of India
in respect thereof;
(iii) Regulating the removal of churches from and the
addition of churches to the list contained in the
Second Schedule to this Act, and the transfer of
churches from one Pa.rt or sub-division of a
Part of the list to a.nother Part or sub-division;
(iv) Making provision for vesting apy Maintained
Churches, and the goods and ornaments thereof,
in the Indian Church Trustees, or in any other
person or persons, subject to any conditions
that may be prescribed regarding the u.se of the
churches while so vested;
(v) Prescribing the circumstances in which and the
conditions on which any .Maintained Churches
and the goods and ornaJUents thereof shall cease
to be so vested, and the disposal of them in that
event;
\ (\·i) llaking provision for the se:rvices of the Church
of England and of the Indian Church tQ be held
in Maintained Churches, and the ho\Ull at which
they shall be held ;
5
[CH. 40.] Indian Church [17 & 18 GEo. 5.]
Act, 1927.
A.D. 1927. (vii) :Making provision for the administration of the
rules and practice of the Indian Church in
:Maintained Churches with or without modifica-
tion thereof;
(viii) Providing for the loan of :Maintained Churches to
other denominations, according to the practice
now existing;
(ix) Providing for any special system of supervision
·which may be found to be necessary of chaplains
·engaged in ministering to troops ;
(x) :Making provision for referring to arbitration
differences regarding or arising out of the
rules, including any difference between the
Governor-General of India in Council and the
Bishop of Calcutta as to ~ny amendment or
variation· thereof, and in such case for amending
or varying the rules in accordance with the
award of the Arbitrator without the concurrence
of the Bishop of Calcutta ;
(xi) Prescribing the conditions on which, the circum-
stances in which, the extent to which, the
procedure by which and. the persons with whose
assent, concurrence, sanction or approval the
arrangements embodied in the rules, or any of
them, may from time to time be terminated,
modified or brought into being again;
(xii) ;providing for any matters incidental to; or con-
. sequential on, any of the -~aid powers, and
making any supplemental provisions which may
appear necessary or expedient for giving effect
to such powers, including provisions for the
maintenance at the Government expense of any
:Maintained Churches.
Incorpora- 6.-(1) At any time after the commencement of this .
tion and ·Act, the General Council may by resolution appoint such
powers of number of persons as they shall see fit (not. being less
Indian
Church
than three) to represent the Indian Church and to hold
Trustees property for any uses or purposes thereof, and when it is
and vesting shown to the satisfaction of His Majesty the King that
of property. the said Council has appointed such persons His Majesty
the King in Council may by Charter incorporate them
and their successors with power to hold land without
6
(17 & 18 GEO. 5.) I 1ulian Church [CH. 40.]
Act, 1927.
licence in mortmain under the name of the Indian Church A.D. 1927.
Trnstees.
(2) At any time after the commencement of this Act
and before the date of severance, any corporation or
corporations sole or aggregate which will be dissolved
under paragraph (iv) of section two of this Act may, by
declaration in writing, vest any property subject to this
Act held by it or them, severally or jointly, in any society
or body of trustees duly registered under the Societies
Registration Act, 1860, or the Indian Companies Act,
1913, and that society or body shall hold such property
on the same trusts or for the same purposes on or for
which the corporation or corporations held it.
. (3) Subject to the provisions of this Act and rules
made thereunder, upon the date of severance all property
subject to this Act shall vest in the Indian Church
Trustees, except the following, viz. : -
(a) churches for the time being entered in Part I of
the Second Schedule to this Act and the goods
and ornaments of such churches;
(b) cemeteries other than those vested in corporations
dissolved by this Act; ·
(c) property held by societies or bodies of trustees
duly registered under the Societies Registration
Act, 1860, or the Indian Companies Act, 1913;
(d) .property held by or in trust for or on behalf of
any missionary or religious society or religious
community of which the head office, head-
quarters, governing body, mother house; !'!Upe-
rior or head, as the case may be, is situated or
usually resident outside India, whether or not
such property is directly controlled or admi-
nistered by such head office, headquarters,
governing body, mother house, superior or head;
(e) property held by trustees, whether corporate or
unincorporate, in respect of which the trustees
or a majority thereof before the date of severance
shall certify by a •writing under their hands
sent to the Governor-General of India in Council
(who shall send a copy thereof to the Bishop of
Calcutta) that they or such majority of them
object to such property vesting in the Indian
Church Tmstees; and ·
7
[CH. 40.] Indian. Church [17 & 18 GEO. 5.]
Act, 1927~
A.P. 1927. (/) property exempted by the Governor-General of
India in Council from the operation of this
subsection by notification in the Gazette of
India before the date of severance.
(4) The churchyards of consecn"ted chm;ched shall
vest in those persons or bodies in whom, under the
provisions of this Act, the respective churches vest.
(5) At any time after the incorporation of the Indian
Church Trustees any trustees, whether corporate or
.unincorporate, may by declaration in writing vest any
property subject to this Act held by them in the Indian
Church. Trustees or in any diocesan society or body of
trustees duly registered under the Societies Registration
Act, 1860, or the Indian Companies Act, 1913, to be
held by them or it on the same trusts, and the Indian
Church Trustees may by declaration in writing vest any
property subject to this Act held by them in any such
diocesan society or body of trustees to be held by them or
it on the same trusts :
Provided that no such property shall be so vested in
the Indian Church Trustees or a diocesan society or other
body of trustees without their consent.
Jnterpreta~ 7, Subject to the provisions of this Act and rules
tion of made thereunder, in all grants, deeds, or other instru-
documents. ments relating to property subject to this Act, references
to "the United (JJlurch of England and Ireland," "the
Church of England,". or f' the Church of England in
India" (whether such tem1s are useq with or :without
the addition of the words "as by law established"),
shall, on and after the date of severance, be construed as
references to the Indian Church.
Trusts. a.-(1) (a) If at any time before the date of sever-
ance it shall be repr~sented to the Bishop of Calcutta or
to the Bishop of the diocese concerned by a majority of
the trustees or the governing body of any trust in con-
nection with any property subject to this Act, or by any
persons claiming to be beneficiaries of any such trust,
that it is desirable that a scheme shoul<l be settled
therefor, a tribunal consisting of the Bishop of Calcutta,
the :Bishop or Bishops of the diocese or dioceses con-
cerned, and a person to be nominated by the Bishop of
Calcutta shall have po\ver, if they think fit, to settle a
scheme for such trust.
s
[J 7 & 18 GEo. 5.] Indian Church [CH. 40.]
Act, 19~7.
11
[Cu. 40.] Indian Church [11 & 18 Gto. 3.
Act, 1927.
A.D. 1927. S C It E D U L E S.
EN A.CTMENT REPEALED.
Short title. Extent of repeal.
PART I.
CHuRCHEs VESTED IN THE CRowN.
A. Military Churches.
Station. Dedication. Station, Dedication.
2xn SoH.
-7-crmt. DIOCESE 011' LUCKNOW. DIOCESE 011' NAOI'UR--cont.