Updated: Saturday April 27, 2013/AsSabt
Jamada El Thaniah 17, 1434/Sanivara
Vaisakha 07, 1935, at 08:53:10 PM
The Sikh Gurdwaras Act, 1925
(Punjab
Act VIII of 1925)
C O N T E N T S
PART
I
CHAPTER
I
PRELIMINARY
Sections
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
PETITIONS
TO PROVINCIAL GOVERNMENT
RELATING
TO GURDWARAS
3. List of property of scheduled Gurdwara
to be forwarded to the Provincial Government.
Declaration of scheduled Gurdwara and
publication of list forwarded under sub-section (1) in a consolidated list.
Notices of claims to
property entered in the consolidated list to be sent to persons shown as in
possession.
Effect of publication of
declaration and consolidated list under sub-section (2).
4. Effect of omission to forward a list
under section 3.
5. Petitions of claim to property included
in a consolidated list.
Signing and verification of petitions
under sub-section (1).
Notification of property
not claimed under sub-section (1) and effect of such notification.
6. Claim for compensation by hereditary
office-holder of a Notified Sikh Gurdwara or his presumptive successor.
Signing and verification of petitions
under sub-section (1).
7. Petition to have a gurdwara declared a
Sikh Gurdwara.
List of property claimed for the
gurdwara and of persons in possession thereof to accompany a petition under
sub-section (1).
Publication of petition
and list received under sub-sections (1) and (2).
Notice of claims to
property to be sent to persons shown in the list as in possession.
Effect of publication of
petition and list under sub-section (3).
8. Petition to have it declared that a
place asserted to be a Sikh Gurdwara is not such a gurdwara.
9. Effect of omission to present a
petition under section 8.
Effect of publication of a notification
under sub-section (1).
10. Petition of claim to property included
in a list published under sub-section (3) of section 7.
Signing and verification of petitions
under sub-section (1).
Notification of property
not claimed under sub-section (1), and effect of such notification.
11. Claim for compensation by a hereditary
office-holder of a Gurdwara notified under section 7 or his presumptive
successor.
Signing and verification of petitions
under sub-section (1).
CHAPTER III
APPOINTMENT
OF, AND PROCEEDINGS
BEFORE,
A TRIBUNAL
12. Constitution and procedure of tribunal
for the purposes of the Act.
13. Procedure
on difference of opinion.
14. Tribunal
to dispose of petitions under sections 5, 6, 8, 10 and 11.
15. Power
of tribunal to join parties and award costs.
16. Issue
as to whether a gurdwara is a Sikh Gurdwara to be decided first and how issue
is to be decided.
17. Notification
of Sikh Gurdwara on finding of tribunal.
18. Presumption
in favour of a Notified Sikh Gurdwara on proof of certain facts when a claim to
property is made by an office-holder.
19. Adjudication
by tribunal upon agreements made between office-holder and persons acting on
behalf of a Sikh Gurdwara.
20. Claim
for compensation by a hereditary office-holder who has resigned or been
dismissed.
21. Claim for compensation by person alleging right
to nominate office-holder of a Notified Sikh Gurdwara.
22. Matters
for consideration in awarding compensation.
23. Compensation
to be paid annually out of income of gurdwara.
24. Payment
to heirs of person compensated.
25. Manner
in which compensation is to be paid and recovered if not duly paid.
25-A. Power
of tribunal to pass decrees for possession in favour of the committee of
gurdwaras.
26. Entry of rights of gurdwara in revenue records.
27. Treatment
of property dedicated to a Notified Sikh Gurdwara but under management of
trustees.
28. Suits
for possession of undisputed property on behalf of Notified Sikh Gurdwaras.
29. Exclusion
of jurisdiction of the courts.
30. Decision
by courts on certain claims in certain circumstances.
31. Courts
not to continue certain proceedings pending decision as to whether place is or
is not a Sikh Gurdwara.
32. Transfer
of suits pending in courts.
33. Disputes
relating to rights of office-holder after a year from commencement of Act.
34. Appeal
against orders of a tribunal.
35. Court-fees.
36. No
court to take cognizance of manner in which the Provincial Government or
tribunal exercises its power under the Act.
37. Courts
not to pass an order or grant or execute a decree inconsistent with decision of
a tribunal.
PART II
CHAPTER
IV
APPLICATION
OF PROVISIONS OF PART III TO GURDWARAS FOUND TO BE SIKH GURDWARAS BY COURTS
OTHER THAN A TRIBUNAL UNDER THE PROVISIONS OF THE ACT
38. Recourse to ordinary courts in cases
where action has not been taken under Part I
with a view to application of provisions of Part III to a gurdwara.
PART
III
CHAPTER
V
CONTROL
OF SIKH GURDWARAS
39. Suits for relief claimable by
application under this Part, barred.
40. Board,
Committees and Commission to be constituted for the purposes of this Act.
41. Control
of Sikh Gurdwaras.
CHAPTER VI
THE BOARD
42. Name of Board.
43. Composition
and constitution of the Board.
44. Constituencies
for election of members of Board.
45. Qualifications
of elected members.
46. Qualifications
of nominated members.
47. Date
of Board elections.
48. Electoral
Roll.
49. Qualifications
of electors.
50. Right
to vote.
51. Term
of membership.
52. Effect
of subsequent disability to serve as member of Board.
53. Vacancy
in Board, how to be filled.
54. First
meeting of the Board.
55. Annual
general meeting.
56. Notice
of meeting.
57. Power
of members to call meeting.
58. Office
of Board.
59. Quorum
of Board in general meeting.
60. Chairman
at meetings of the Board.
61. Decision
of questions before Board.
62. Office
bearers and executive committee of Board.
63. Annual
election of executive committee.
64. Powers
of executive committee of Board.
65. Vacancy
in executive committee, how to be filled.
66. Member
of a committee of management not to be member of executive committee of Board.
67. Resignation
of member of executive committee.
68. Remuneration
of members of executive committee.
69. Servants
of the Board; their appointment and punishment.
CHAPTER VII
THE
JUDICIAL COMMISSION
70. The Judicial Commission.
71. Appointment
of members of the Commission.
72. Member
of the Board or of a committee to resign if appointed a member of Commission.
73. Remuneration
of members of the Commission.
74. Officers
and servants of the Commission.
75. Expenses
to be shared by Government and Board.
76. Jurisdiction
and procedure of Commission.
77. Court
and office of Commission.
78. Vacancy
in Commission.
79. Removal
of member of Commission.
80. Election
of President of Commission.
81. Settlement
of difference of opinion in Commission.
82. Costs
in proceedings may be made payable out of income of Sikh Gurdwara.
83. Dissolution
of Commission.
84. Decision
as to whether a person is or is not a patit.
CHAPTER VIII
COMMITTEES OF GURDWARAS
85. Constitution of committees of
management of certain gurdwaras.
86. Committees
of gurdwaras other than those specified in section 85.
86.A. Member
of committee not to be member of the executive committee of the Board.
87. Constitution
of committees not specially provided for.
88. Constitution
of committees; publication of constitution and effect thereof.
89. Election
of members.
90. Qualification
for election to a committee.
91. Qualification
for nomination to a committee.
92. Qualification
of electors.
93. Right
to vote.
94. Period
of continuance of committees.
94.A. Incorporation
of committees.
95. Effect
of subsequent disability to serve as a member of a committee.
96. Vacancies
in committees other than those specified in section 85.
97. Vacancies
in committees specified in section 85.
98. Committees
to meet at least three times a year.
99. Notice
of meetings.
100. Quorum
of Committee.
101. Presidents,
and Vice-Presidents of committees.
102. Decisions
of questions before committees.
103. Minutes
to be recorded.
104. Resignation
of president and members of committee.
105. Exclusion
of Board acting as committee from operation of this chapter.
CHAPTER IX
FINANCES
106. Objects on which the funds of a
gurdwara may be spent.
107. Annual
contribution to Board.
108. Formation
of General Board Fund.
109. Funds
transferred to Board by Shromani Gurdwara Parbandhak Committee.
110. Funds
held in Trust by the Board for specified purposes.
111. General
Trust Fund.
112. Separate
funds to be maintained for each Trust.
113. Trust
Fund to be deposited in banks.
114. Board
to maintain accounts of all Trust funds and of General Board Fund.
115. Audit
of accounts.
116. Auditor's
report.
117. Board
to consider auditor's report.
118. Payment
of expenses of audit.
119. Budget
of Board.
120. Accounts
to be maintained by committees.
121. Audit
of committee's Accounts.
122. Report
of auditor.
123. Budget
of committees.
124. Recovery
of contributions.
CHAPTER X
POWERS
AND DUTIES OF THE BOARD
125. Powers and duties of the Board
generally.
126. Restriction
of powers of the Board.
127. Board
may hold and administer Trusts.
128. Control
by Board over executive committee.
129. What
matters may be discussed by Board in general meeting.
130. Settling
of schemes of administration.
131. Exclusion
of Board acting as committee from operation of section 130.
132. Power
of Board to make bye-laws.
CHAPTER
XI
POWERS
AND DUTIES OF COMMITTEES
133. General powers of committees.
134. Powers
of committee to dismiss office-holders.
135. Procedure
when hereditary office-holder or minister is dismissed.
136. Appointment
of minister and office-holders.
137. Registers
to be kept for gurdwara.
138. Alienation
of immovable Trust property.
139. Power
of committee to make regulations.
140. Power
of committee to make regulations re
offerings at Sikh Gurdwaras.
CHAPTER XII
MISCELLANEOUS
141. Salaries of office-holders to be
their property.
142. Right
of interested persons to complain to commission in respect of misfeasance, etc.
143. Notice
of application to be given.
144. Government
not to interfere with gurdwaras except as provided by this Act or any other
Act.
145. Act
of Board or committee not to be invalidated by informality.
146. Power
of Provincial Government to make rules.
147. Power
of the Provincial Government to invest with judicial powers officers appointed
to enquire into conduct of elections.
148. Language
of the Commission.
SCHEDULES
I. Sikh
Gurdwaras.
II. Institutions
not subject to petition under section 7.
III. Scale
of Court-fees.
IV. Constituencies
for election of members of the Board.
[1][1]The Sikh Gurdwaras Act, 1925
[2][2](Punjab Act VIII of 1925)
[7 August 1925]
An
Act to provide for the better administration of certain Sikh Gurdwaras and for
inquiries into matters connected therewith.
Preamble.— WHEREAS it is expedient to provide for the
better administration of certain Sikh Gurdwaras and for inquiries into matters
and settlement of disputes connected therewith, and whereas the previous
sanction of the Governor-General has been obtained to the passing of this Act;
It
is hereby enacted as follows:-
PART I
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.— (1) This Act may be called the Sikh Gurdwaras
Act, 1925.
(2) It extends to the
(3) It shall come into force on such date[3][3] as the [4][4][Provincial Government] may by notification
appoint in this behalf.
(4) The Sikh Gurdwaras and Shrines Act, 1922[5][5], is hereby repealed.
2. In
this Act, unless there is anything repugnant in the subject or context—
(1) Board
“Board” means the Board Constituted under the provisions of Part III.
(2) Commission
“Commission” means the Judicial Commission constituted under the provisions of
Part III.
(3) Committee [6][6][(i)] “Committee” means a committee of management
constituted under the provisions of Part III.
[7][7][(ii) “Local Committee” means a committee
constituted under the provisions of section 85.]
(4) Office (i) “Office”
means any office by virtue of which the holder thereof participates in the
management or performance of public worship in a Gurdwara or in the management
or performance of any rituals or ceremonies observed therein and
“office-holder” means any person who holds an office.
(ii) Present Office-holder “Present Office-holder”
means a person who, on the commencement of this Act, holds an office.
(iii) Past
Office-holder “Past Office-holder” means a person who has been an office-holder
but ceased to be an office-holder before the commencement of this Act.
(iv) Hereditary office “Hereditary Office” means
an office the succession to which before the first day of January, 1920,
devolved, according to hereditary right or by nomination by the office-holder
for the time being, and “hereditary office-holder” means the holder of a
hereditary office.
(v) Present hereditary office-holder “Present
hereditary office-holder” means a person who on the commencement of this Act is
a hereditary office-holder.
(vi) Past hereditary office-holder “ Past
hereditary office-holder” means a person who has been a hereditary
office-holder but ceased to be such office-holder before the commencement of
this Act.
(vii) Minister “Minister” means an office-holder to
whom either solely or alongwith others the control of the management or
performance of public worship in a gurdwara and of the rituals and ceremonies,
observed therein is entrusted.
(5) Police Station area “Police Station area” means a local area specified by the [8][8][Provincial Government] under the provisions of clause(s)
of sub-section (1) of section 4 of the Code of Criminal Procedure, 1898[9][9].
(6) Prescribed “Prescribed” means prescribed by the [10][10][Provincial Government] by rules made under
this Act.
(7) Presumptive successor “Presumptive successor” where the succession
to the office devolves according to hereditary right, means the person next in
succession to a hereditary office-holder, or, where the succession to the
office devolves by nomination made by the hereditary office-holder for the time
being, means any chela so nominated
before the first day of December, 1924.
(8) Resident “Resident” in any place means any person having a fixed
place of abode or owning immovable property or cultivating land or practising a
profession, or carrying on business, or personally working for gain, in that
place.
[11][11][(9) Sikh
“Sikh” means a person who professes the Sikh religion or, in the case of a
deceased person, who professed the Sikh religion or was known to be a Sikh
during his life time. If any question
arises as to whether any living person is or is not a Sikh, he shall be deemed
respectively to be or not to be a Sikh according as he makes or refuses to make
in such manner as the [12][12][Provincial Government], may prescribe the
following declaration:-
I
solemnly affirm that I am a Sikh, that I believe in the Guru Granth Sahib, that
I believe in the Ten Gurus and that I have no other religion.]
[13][13][(10) “Amritdhari
Sikh” means and includes every person
who has taken khande-ka-amrit or khanda pahul prepared and administered according to the tenets of Sikh
religion and rites, at the hands of five
pyaras or `beloved ones’.
(11) “Patit” means a person who being a keshadhari Sikh trims or shaves his beard or keshas or who after taking amrit
commits any one or more of the kurahits].
[14][14][(12)] Notified
Sikh Gurdwara.— “Notified Sikh Gurdwara” means any gurdwara declared by
notification by the [15][15][Provincial Government] under the provisions of
this Act to be a Sikh Gurdwara.
[16][16][(13)] Treasury.—
“Treasury” means a Government treasury or subtreasury and includes any bank to
which the Government treasury business has been made over.
[17][17][(14)] Tribunal.—
“Tribunal” means a tribunal constituted under the provisions of section 12.
CHAPTER
II
PETITIONS TO [18][18][PROVINCIAL
GOVERNMENT]
RELATING TO GURDWARAS
3. List of property of scheduled Gurdwara
to be forwarded to the Provincial Government.— (1) Any Sikh or any present office-holder of
a gurdwara specified in Schedule I may forward to the [19][19][Provincial Government] through the [20][20][appropriate Secretary to Government], so as
to reach the Secretary within ninety days from the commencement of this Act, a
list, signed and verified by himself, of all rights, titles or interests in
immovable properties situated in the Punjab inclusive of the gurdwara and in
all monetary endowments yielding recurring income or profit received in the
Punjab which he claims to belong, within his knowledge, to the gurdwara; the
name of the person in possession of any such right, title or interest, and if
any such person is insane or a minor,
the name of his legal or natural guardian, or if there is no such guardian, the
name of the person with whom the insane person or minor resides or is residing,
or if there is no such person, the name of the person actually or
constructively in possession of such right, title or interest on behalf of the
insane person or minor, and if any such right, title or interest is alleged to
be in possession of the gurdwara through any person, the name of such person,
shall be stated in the list: and the list shall be in such form and shall
contain such further particulars as may be prescribed.
(2) Declaration of schedule Gurdwara and publication of list forwarded
under sub-section (1) in a consolidated list.— On receiving a list duly
forwarded under the provisions of sub-section (1) the [21][21][Provincial Government] shall, as soon as may be,
publish a notification declaring that the gurdwara to which it relates is a
Sikh Gurdwara and after the expiry of the period provided in sub-section (1)
for forwarding lists shall, as soon as may be, publish by notification a
consolidated list in which all rights, titles and interests in any such
properties as are described in sub-section (1) which have been included in any
list duly forwarded, shall be included, and shall also cause the consolidated
list to be published, in such manner as may be prescribed, at the headquarters
of the district and of the tehsil and in the revenue estate where the gurdwara
is situated, and at the headquarters of every district and of every tehsil and
in every revenue estate in which any of the immovable properties mentioned in
the consolidated list is situated and shall also give such other notice thereof
as may be prescribed.
(3) Notices of claims to property entered in the consolidated list to be
sent to persons shown as in possession.— The [22][22][Provincial Government] shall also, as soon as may
be, send by registered post a notice of the claim to any right, title or interest
included in the consolidated list to each of the persons named therein as being
in possession of such right, title or interest either on his own behalf or on
behalf of an insane person or minor or on behalf of the gurdwara, provided that
no such notice need be sent if the person named as being in possession is the
person who forwarded the list in which the right, title or interest was
claimed.
(4) Effect
of publication of declaration and consolidated list under sub-section (2).—
The publication of a declaration and of a consolidated list under the
provisions of sub-section (2) shall be conclusive proof that the provisions of
sub-sections (1), (2) and (3) with respect to such publication have been duly
complied with and that the gurdwara is a Sikh Gurdwara, and the provisions of
Part III shall apply to such gurdwara with effect from the date of the
publication of the notification declaring it to be a Sikh Gurdwara.
4. Effect of
omission to forward a list under section 3.— If in respect of any gurdwara specified in
Schedule I no list has been forwarded under the provisions of sub-section (1)
of section 3, the [23][23][Provincial Government] shall, after the expiry of
ninety days from the commencement of this Act, declare by notification that
such gurdwara shall be deemed to be excluded from specification in Schedule I.
5. Petitions
of claim to property included in a consolidated list.— (1) Any person may
forward to the [24][24][Provincial Government] through the [25][25][appropriate Secretary to Government] so as to
reach the Secretary within ninety days from the date of the publication by
notification of the consolidated list under the provisions of sub-section (2)
of section 3, a petition claiming a right, title or interest in any property
included in such consolidated list except a right, title or interest in the
gurdwara itself.
(2) Signing
and verification of petitions under sub-section (1).— A petition forwarded
under the provisions of sub-section (1) shall be signed and verified by the
person forwarding it in the manner
provided in the Code of Civil Procedure, 1908[26][26], for the signing and verification of
plaints, and shall specify the nature
of the right, title or interest claimed and the grounds of the claim.
(3) Notification
of property not claimed under sub-section (1) and effect of such notification.—
The [27][27][Provincial Government] shall, as soon as may
be, after the expiry of the period for making a claim under the provisions of
sub-section (1) publish a notification specifying the rights, title or interest
in any properties in respect of which no such claim has been made; and the
publication of the notification shall be conclusive proof of the fact that no
such claim was made in respect of any right, title or interest specified in the
notification.
6. Claim for compensation by hereditary
office-holder of a Notified Sikh Gurdwara or his presumptive successor.— (1) Any
past or present hereditary office-holder of a gurdwara in respect of which a
notification has been published under the provisions of sub-section (2) of
section 3 declaring it to be a Sikh Gurdwara or a presumptive successor of such
office-holder may forward to the [28][28][Provincial Government] through the [29][29][appropriate Secretary to Government] so as
to reach the Secretary within ninety days from the date of the publication of
such notification, a petition claiming to be awarded compensation on the
grounds that such office-holder has been unlawfully removed from his office
after the first day of January, 1920 and before the date of the publication of
the notification, and that such office-holder or his presumptive successor has
suffered or will suffer pecuniary loss in consequence of the gurdwara having
been declared to be a Sikh Gurdwara.
(2) Signing and verification of petitions under sub-section (1).— A
petition forwarded under the provisions of sub-section (1) shall be signed and
verified by the person forwarding it in the manner provided in the Code of
Civil Procedure, 1908[30][30], for the signing and verification of plaints.
7. Petition to
have a gurdwara declared a Sikh Gurdwara.— (1) Any fifty or more Sikh worshippers of a
gurdwara, each of whom is more than twenty-one years of age and was on the
commencement of this Act a resident in the police station area in which the
gurdwara is situated, may forward to the [31][31][Provincial Government], through the [32][32][appropriate Secretary to Government] so as to
reach the Secretary within one year from the commencement of this Act or within
a such further period as the [33][33][Provincial Government] may by notification fix
for this purpose, a petition praying to have the gurdwara declared to be a Sikh
Gurdwara:
Provided that the [34][34][Provincial Government], may in respect of any
such gurdwara declare by notification that a petition shall be deemed to be
duly forwarded whether the petitioners were or were not on the commencement of this Act residents in the
police-station area in which such gurdwara is situated, and shall thereafter
deal with any petition that may be otherwise duly forwarded in respect of any
such gurdwara as if the petition had been duly forwarded by petitioners who
were such residents:
Provided
further that no such petition shall be entertained in respect of any
institution specified in Schedule I or Schedule II unless the institution is
deemed to be excluded from specification in Schedule I under the provisions of
section 4.
(2) List of property claimed for the gurdwara and of persons in possession
thereof to accompany a petition under sub-section (1).— A petition
forwarded under the provisions of sub-section (1) shall state name of the
gurdwara to which it relates and of the district, tehsil and revenue estate in
which it is situated, and shall be accompanied by a list, verified and signed
by the petitioners, of all rights, titles or interests in immovable properties
situated in the Punjab inclusive of the gurdwara and in all monetary endowments
yielding recurring income or profit received in the Punjab, which the
petitioners claim to belong within their knowledge to the gurdwara: the name of
the person in possession of any such right, title or interest, and if any such
person is insane or a minor the name of his legal or natural guardian, or if
there is no such guardian, the name of the person with whom the insane person
or minor resides or is residing, or if there is no such person, the name of the
person actually or constructively in possession of such right, title or
interest on behalf of the insane person or minor, and if any such right, title
or interest is alleged to be in possession of the gurdwara through any person,
the name of such person shall be stated in the list; and the petition and the
list shall be in such form and shall contain such further particulars as may be
prescribed.
(3) Publication of petition and list received under sub-sections (1) and
(2).— On receiving a petition
duly signed and forwarded under the provisions of sub-section (1) the [35][35][Provincial Government] shall, as soon as may be,
publish it alongwith the accompanying list, by notification, and shall cause it
and the list to be published, in such manner as may be prescribed, at the
headquarters of the district and of the tehsil and in the revenue estate in
which the gurdwara is situated and at the headquarters of every district and
every tehsil and in every revenue estate in which any of the immovable
properties mentioned in the list is situated and shall also give such other
notice thereof as may be prescribed:
[36][36][Provided that such petition may be withdrawn
by notice to be forwarded by the Board so as to reach the [37][37][appropriate Secretary to Government], at any
time before publication, and on such withdrawal it shall be deemed as if no
petition had been forwarded under the provisions of sub-section (1)].
(4) Notice
of claims to property to be sent to persons shown in the list as in
possession.— The [38][38][Provincial Government] shall also, as soon
as may be, send by registered post a notice of the claim to any right, title or
interest included in the list to each of the persons named therein as being in
possession of such right, title or interest either on his own behalf or on
behalf of an insane person or minor or on behalf of the gurdwara:
Provided
that no such notice need be sent if the person named as being in possession is
a person who joined in forwarding the list.
(5) Effect
of publication of petition and list under sub-section (3).— The publication
of a notification under the provisions of sub-section (3) shall be conclusive
proof that the provisions of sub-sections (1), (2), (3) and (4) have been duly
complied with.
8. Petition
to have it declared that a place asserted to be a Sikh Gurdwara is not such a
gurdwara.— When a notification has been published under the provisions of
sub-section (3) of section 7 in respect of any gurdwara, any hereditary
office-holder or any twenty or more worshippers of the Gurdwara, each of whom
is more than twenty-one years of age and was on the commencement of this Act a
resident of a police-station area in which the gurdwara is situated, may
forward to the [39][39][Provincial Government], through the [40][40][appropriate Secretary to Government], so as to
reach the secretary within ninety days from the date of the publication of the
notification, a petition signed and verified by the petitioner, or petitioners,
as the case may be, claiming that the Gurdwara is not a Sikh Gurdwara, and may
in such petition make a further claim that any hereditary office-holder or any
person who would have succeeded to such office-holder under the system of
management prevailing before the first day of January 1920 may be restored to
office on the grounds that such gurdwara is not a Sikh Gurdwara and that such
office-holder ceased to be an office-holder after that day:
Provided that the [41][41][Provincial Government] may in respect of any such
gurdwara declare by notification that a petition of twenty or more worshippers
of such gurdwara shall be deemed to be duly forwarded whether the petitioners
were or were not on the commencement of this Act residents in the
police-station area in which such gurdwara is situated, and shall thereafter
deal with any petition that may be otherwise duly forwarded in respect of any
such gurdwara as if the petition had been duly forwarded by petitioners who
were such residents.
9. Effect of omission to present a
petition under section 8.—
(1) If no petition has been presented in accordance with the provisions of
section 8 in respect of a gurdwara to which a notification published under the
provisions of sub-section (3) of section 7 relates, the [42][42][Provincial Government] shall, after the
expiration of ninety days from the date of such notification, publish a
notification declaring the gurdwara to be a Sikh Gurdwara.
(2) Effect
of publication of a notification under sub-section (1).— The publication of
a notification under the provisions of sub-section (1) shall be conclusive
proof that the gurdwara is a Sikh Gurdwara, and the provisions of Part III
shall apply to the gurdwara with effect from the date of the publication of the
notification.
10. Petition of claim to property included in a
list published under sub-section (3) of section 7.— (1) Any person may forward to the [43][43][Provincial Government], through the [44][44][appropriate Secretary to Government], so as
to reach the Secretary within ninety days from the date of the publication of a
notification under the provisions of sub-section (3) of section 7, a petition claiming a right, title or
interest in any property included in the list so published.
(2) Signing
and verification of petitions under sub-section (1).— A petition forwarded
under the provisions of sub-section (1) shall be signed and verified by the
person forwarding it in manner provided by the Code of Civil Procedure, 1908[45][45], for the signing and verification of
plaints, and shall specify the nature of the right, title or interest claimed
and the grounds of the claim.
(3) Notification
of property not claimed under sub-section (1), and effect of such
notification.— The [46][46][Provincial Government] shall, as soon as may
be, after the expiry of the period for making a claim under the provisions of
sub-section (1) publish a notification, specifying the rights, titles or
interests in any properties in respect of which no such claim has been made,
and the notification shall be conclusive proof of the fact that no such claim
was made in respect of any right, title or interest specified in the
notification.
11. Claim for
compensation by a hereditary office-holder of a Gurdwara notified under section
7 or his presumptive successor.— (1) Any past or present hereditary office-holder
of a gurdwara in respect of which a notification has been published under the
provisions of sub-section (3) of section 7 or a presumptive successor of such
office-holder may forward to the [47][47][Provincial Government], through the [48][48][appropriate Secretary to Government], so as to
reach the Secretary within ninety days from the date of such publication, a
petition claiming to be awarded compensation on the grounds that such
office-holder has been unlawfully removed from his office after the first day
of January 1920 and before the date of such publication, and that such
office-holder or his presumptive successor has suffered or will suffer
pecuniary loss if the gurdwara is declared to be a Sikh Gurdwara.
(2) Signing and verification of petitions under sub-section (1).— A
petition forwarded under the provisions of sub-section (1) shall be signed and verified by the person forwarding
it in the manner provided in the Code of Civil Procedure 1908[49][49], for the signing and verification of plaints.
CHAPTER III
APPOINTMENT OF, AND PROCEEDINGS
BEFORE, A TRIBUNAL
12. Constitution
and procedure of tribunal for the purposes of the Act.— (1) For the purpose of
deciding claims made in accordance with the provisions of this Act the [50][50][Provincial Government] may from time to time by
notification direct the constitution of a tribunal or more tribunals than one
and may in like manner direct the dissolution of such tribunal or tribunals.
(2) A tribunal shall consist of a president [51][51][* * *] and two other members appointed by
notification by the [52][52][Provincial Government].
(3) The president of a tribunal shall be a Judge
of the High Court and each other member shall be—
(i) a District Judge or a Subordinate Judge of the
first class, or
(ii) a barrister of not less than ten years’
standing, or
(iii) a person who has been a pleader of any High
Court [53][53][or any Court which is a High Court within
the meaning of clause (24) of section 3 of the General Clauses Act, 1897[54][54]] for an aggregate period of not less than
ten years.
(4) The members of a tribunal while they continue
as such, shall be paid by the [55][55][Provincial Government] such remuneration as
may from time to time be fixed by the [56][56][Provincial Government] [57][57][* * *] and shall be deemed to be public
servants within the meaning of section 21 of the [58][58]Indian Penal Code.
[59][59][(5) * * * * * * * * * * * *]
(6) Whenever a vacancy occurs in a tribunal by
reason of the removal, resignation or death of a member, [60][60][* * *] the [61][61][Provincial Government] shall by notification
appoint a person qualified within the meaning of sub-section (3) to fill the
vacancy.
(7) A change in the membership of a tribunal
under the provisions of sub-section (5) or sub-section (6) shall not invalidate
any previous or subsequent proceedings in any matter pending before it, nor
shall it be necessary for a tribunal on account of such change to recommence
any enquiry into any matter pending before it for disposal.
(8) The [62][62][Provincial Government] may from time to time
appoint such officers and servants as it may deem to be necessary for the due
performance of its duties by a tribunal; and the officers and servants so
appointed shall, while they continue as such, be deemed to be public servants
within the meaning of section 21 of the [63][63]Indian Penal Code[64][64].
(9) A tribunal, for the purpose of deciding any
matter that it is empowered to decide under the provisions of this Act, shall
have the same powers as are vested in a court by the Code of Civil Procedure,
1908[65][65], and shall have jurisdiction, unlimited as regards value, throughout
the Punjab, and shall have no jurisdiction over any proceedings other than is
expressly vested in it by this Act.
(10) Save as otherwise
provided in this Act a decree or order of a tribunal shall be executed or
otherwise given effect to by the district court of the district in which the
gurdwara in connection with which the decree or order was passed is situated,
or by the district court to which the tribunal directs that any decree or order
shall be sent for this purpose, as if the decree or order had been a decree or
order passed by such court.
(11) The proceedings of a tribunal shall so far as
may be, and subject to the provisions of this Act, be conducted in accordance
with the provisions of the Code of Civil Procedure, 1908[66][66].
(12) If more tribunals than one are constituted,
the [67][67][Provincial Government] may by notification
direct which tribunal may entertain petitions relating to a particular gurdwara
or gurdwaras situated in any specified area, and may at any time transfer any
proceedings from one tribunal to another as it may deem proper.
13. Procedure on difference of opinion.— (1) No proceedings shall be taken by a
tribunal unless at least two members are present, provided that notices and
summonses may be issued by the president or a member nominated by the president
for this purpose.
(2) In case of a difference of opinion between
the members of a tribunal, the opinion of the majority shall prevail; provided
that if only two members are present of whom one is the president, and if they
are not in agreement, the opinion of the president shall prevail, and if the
president be not present, and the two remaining members are not agreed, the
question in dispute shall be kept pending until the next meeting of the
tribunal at which the president is present:
the opinion of the majority, or of the president when only two members are
present, shall be deemed to be the opinion of the tribunal.
14. Tribunal to dispose of petitions under
sections 5, 6, 8, 10 and 11.—
(1) The [68][68][Provincial Government] shall forward to a
tribunal all petitions received by it under the provisions of sections 5, 6, 8,
10 or 11, and the tribunal shall
dispose of such petitions by order in
accordance with the provisions of
this Act.
(2) The forwarding of
the petitions shall be conclusive proof that the petitions were received by the
[69][69][Provincial Government] within the time prescribed
in sections 5, 6, 8, 10 or 11 as the case may be, and in the case of a petition
forwarded by worshippers of a gurdwara under the provisions of section 8, shall
be conclusive proof that the provisions of section 8 with respect to such
worshippers were duly complied with.
15. Power of
tribunal to join parties and award costs.— (1) In disposing of any matter in which it has
jurisdiction a tribunal may order any dispute arising therefrom to be dealt
with in one proceeding separately or more such disputes than one to be dealt
with in one proceeding, and by public advertisement or otherwise, enquire if
any person desires to be made a party to any proceeding, and may join in any
proceeding any person who it considers ought to be made a party thereto.
(2) The tribunal may order any person to submit
within a fixed time a statement in writing setting forth the nature of his
claim or objection and the grounds thereof.
(3) If any person fails to comply with an order
passed under the provisions of sub-section (2) and duly notified to him, the
tribunal may decide the matter in dispute against him provided that the
tribunal may at any time extend the time fixed by its order for the submission
of the statement if the person satisfies it that he had sufficient cause for
not submitting the statement within the time fixed.
(4) A tribunal may pass any such order as to
costs of a proceeding as a court might pass under the provisions of the Code of
Civil Procedure, 1908[70][70].
16. Issue as to whether a gurdwara is a Sikh
Gurdwara to be decided first and how issue is to be decided.— (1) Notwithstanding anything contained in
any other law in force, if in any proceeding before a tribunal it is disputed
that a gurdwara should or should not be declared to be a Sikh Gurdwara, the
tribunal shall, before enquiring into any other matter in dispute relating to
the said gurdwara, decide whether it should or should not be declared a Sikh
Gurdwara in accordance with the provisions of sub-section (2).
(2) If the tribunal finds that the gurdwara—
(i) was established by, or in memory of any of the
Ten Sikh Gurus, or in commemoration of any incident in the life of any of the
Ten Sikh Gurus and [71][71][was] used for public worship by Sikhs, [72][72][before and at the time of the presentation of
petition under sub-section (1) of section 7], or
(ii) owing to some tradition connected with one of
the Ten Sikh Gurus, [73][73][was] used for public worship predominantly by
Sikhs, [74][74][before and at the time of the presentation of the
petition under sub-section (1) of section 7], or
(iii) was established for use by Sikhs for the
purpose of public worship and [75][75][was] used for such worship by Sikhs, [76][76][before and at the time of the presentation
of the petition under sub-section (1) of section 7], or
(iv) was established in memory of a Sikh martyr,
saint or historical person and [77][77][was] used for public worship by Sikhs, [78][78][before and at the time of the presentation
of the petition under sub-section (1) of section 7], or
(v) owing to come incident connected with the Sikh
religion [79][79][was] used for public worship predominantly
by Sikhs, [80][80][before and at the time of the presentation
of the petition under sub-section (1) of section 7], or
the tribunal shall decide that it should be
declared to be a Sikh Gurdwara, and record an order accordingly.
(3) Where the tribunal
finds that a gurdwara should not be declared to be a Sikh Gurdwara, it shall
record its finding in an order, and, subject to the finding of the High Court
on appeal, it shall cease to have jurisdiction in all matters concerning such
gurdwara, provided that, if a claim has been made in accordance with the
provisions of section 8 praying for the restoration to office of a hereditary
office-holder or person who would have succeeded such office-holder under the
system of management prevailing before the first day of January, 1920, the
tribunal shall, notwithstanding such finding, continue to have jurisdiction in
all matters relating to such claim; and , if the tribunal finds it proved that
such office-holder ceased to be an office-holder on or after the first day of
January, 1920, it may by order direct that such office-holder or person who
would have so succeeded be restored to office.
17. Notification of Sikh Gurdwara on finding of
tribunal.— When a tribunal
has, under the provisions of sub-section (2) of section 16, recorded a finding
that a gurdwara should be declared to be a Sikh Gurdwara, and no appeal has
been instituted against such finding within the period prescribed by section
34, or when an appeal has been instituted and dismissed, or when in an appeal
against a finding that a gurdwara should not be declared to be a Sikh Gurdwara
the High Court finds that it should be so declared, the tribunal or the High
Court, as the case may be, shall inform the [81][81][Provincial Government] through the [82][82][appropriate Secretary to Government],
accordingly, and the [83][83][Provincial Government] shall, as soon as may
be , publish a notification declaring such gurdwara to be a Sikh Gurdwara, and
the provisions of part III shall apply thereto with effect from the date of the
publication of such notification.
18. Presumption in favour of a Notified Sikh
Gurdwara on proof of certain facts when a claim to property is made by an
office-holder.— (1) In any
proceedings before a tribunal, if any past or present office-holder denies that
a right, title or interest recorded, in his name or in that of any person
through whom he claims, in a record of rights, or in an annual record, prepared
in accordance with the provisions of the [84][84]Punjab
Land Revenue Act, 1887 (XVII of
1887), and claimed to belong to a Notified Sikh Gurdwara, does so belong, and
claims such right, title or interest to belong to himself, there shall,
notwithstanding anything contained in
section 44 of the said Act, be a presumption that such right, title or interest
belongs to the gurdwara upon proof of any of the following facts, namely—
(a) an
entry of the right, title or interest
made before the first day of January, 1920, in a record-of-rights, prepared at
the time of a general assessment of the land revenue, in the name of the
gurdwara or in the name of the holder of an office pertaining to the gurdwara
as such, and not by name;
(b) an
assignment of the land revenue of, or of the proprietary right in, land at any
time for the service or maintenance of the gurdwara, notwithstanding that the
assignment may be or may have been in the name of an office-holder, where the
right claimed is an assignment to the land revenue of, or of the proprietary
right in, the land, as the case may be;
(c) the
dismissal or removal of an office-holder before the first day of January, 1920,
and the consequent transfer of the right, title or interest in question to his
successor in office;
(d) the
expenditure of the whole or part of the income derived from the right, title or
interest in question ordinarily on the service or maintenance of the gurdwara;
(e) the
acquisition of the right, title or interest in question from funds proved to
have belonged to the gurdwara;
(f) the
submission by the office-holder or any of his predecessors in office of
accounts relating to the income from the right, title or interest in question
to the worshippers or to a managing body;
(g) the
devolution of the succession to the right, title or interest in question from
an office-holder to the successor in office as such on two or more consecutive
occasions;
(h) any
other fact which shows that the right, title or interest in question was at any
time of the nature of a trust pertaining to the gurdwara or was purchased from
funds of the nature of trust funds pertaining to the gurdwara.
(2) The provisions of sub-section (1) shall also
apply to a claim to a right, title or interest made by any person deriving
title subsequent to the first day of January, 1920, from a past or present office-holder.
19. Adjudication by tribunal upon agreements
made between office-holder and persons acting on behalf of a Sikh Gurdwara.— Where a change in the system of management
of Notified Sikh Gurdwara has occurred on or after the first day of January,
1920, and as a consequence of, or in connection with, such change it is alleged
that an agreement has been made between any person who was an office-holder
under the former system of management on the one side, and the Sikh worshippers
of the gurdwara or a person or body acting on their behalf on the other side,
any person who claims any right, title or interest by virtue of such agreement
or any present office-holder of the gurdwara or any Sikh may, within ninety
days from the date of the publication of the notification declaring such
gurdwara to be a Sikh Gurdwara, present a petition to a tribunal praying that
the agreements be considered, and the tribunal shall make an enquiry, and if it
finds that a valid agreement was made, it shall, notwithstanding anything
contained in the [85][85]Indian Registration Act, 1908 (XVI of 1908)
or the [86][86]Indian Stamp Act, 1899 (II of 1899), pass
such orders as may be necessary to give effect to the agreement, and may by
such orders create a charge on the property or income of the gurdwara.
20. Claim for compensation by hereditary
office-holder who has resigned or been dismissed.— Any hereditary office-holder of a Notified
Sikh Gurdwara who, within twelve months after the date of the publication of a
notification declaring the gurdwara to be a Sikh Gurdwara, has resigned office,
or been removed from office otherwise than in accordance with the provisions of
section 134 or under the provisions of section 142 or a presumptive successor
of such office-holder, may, within ninety days from the date of the resignation
or removal as the case may be, of such office-holder, present a petition to a
tribunal claiming to be awarded compensation on the ground that he has suffered
or will suffer pecuniary loss owing to a change in the management of the
gurdwara, and the tribunal may, notwithstanding the fact that such
office-holder has voluntarily resigned, order compensation to be paid in
accordance with the provisions of this Act, as if such office-holder had been
unlawfully removed from his office.
21. Claim for compensation by person alleging
right to nominate office-holder of a Notified Sikh Gurdwara.— When a notification has been published under
the provisions of this Act declaring a gurdwara to be a Sikh Gurdwara, any person claiming that the right to
nominate an office-holder thereof was vested in him at the date of the
publication, or before the first day of January, 1920, may, within ninety days
from the date of the publication, present a petition to a tribunal claiming to
be awarded compensation on the ground that he has suffered pecuniary loss owing
to a change effected after the fist day of January, 1920, in the system of
management of such gurdwara, or that he will suffer pecuniary loss in
consequence of the gurdwara being declared to be a Sikh Gurdwara; and the
tribunal may order compensation to be paid to him in the same manner as to an
office-holder under the provisions of this Act.
22. Matters for consideration in awarding
compensation.— In deciding
claims for compensation made under the provisions of sections 6, 11 or 20, a
tribunal—
(1) may, among other matters, take into
consideration—
(i) the past conduct of the claimant;
(ii) the improvements to the property of the
gurdwara effected by the claimant;
(iii) the portion of the trust income which, by
long practice and the express or implied consent of the worshippers, the
holders of the office and his predecessors have been allowed to appropriate to
their private use, provided that this matter, if taken into consideration, shall
only be so taken in determining the compensation due to an office-holder for
his lifetime and shall not give to a presumptive successor of such
office-holder any right to increase compensation, and provided also that the
tribunal shall not be bound to fix the compensation on the basis of such
income, but may, at its discretion, regard such income as a ground for awarding
compensation on a higher scale than it would otherwise have awarded;
(2) shall take into
consideration—
(i) the past conduct of the claimant where such
conduct has been or is in issue in a suit or other proceeding in a civil or
revenue court instituted before the 1st December, 1924;
(ii) the conviction of the claimant by a criminal
court for an offence which, in the opinion of the tribunal, involves moral
turpitude or an order passed against him under the provisions of sections 110
and 118 of the Code of Criminal Procedure, 1898[87][87];
(iii) the loss of income, not being of the nature
of trust income incurred by reason of an office-holder ceasing to hold office;
(iv) all rights or privileges relating to
residence, subsistence, service and other recognised allowances in cash or kind
formerly enjoyed by the claimant.
23. Compensation
to be paid annually out of income of gurdwara.— In awarding
compensation, a tribunal shall unless the parties agree to its being paid
otherwise, order it to be paid out of the income accruing to the gurdwara in
which the office-holder held office in the form of an allowance, payable
annually on a specified date for any period, but terminable in any case on the
death of the person compensated.
24. Payment to heirs of person compensated.— If any person to whom compensation has been
ordered to be paid by a tribunal dies, his heir shall be entitled only to such
sum as has become payable under the order but has not been paid; provided that
if compensation was ordered to be made by payment of an annual allowance for a
period which has not expired before the death of the person compensated, such
heir shall in addition be entitled to a sum which bears the same proportion to
the amount of such allowance as the period between the date in which the
allowance was last payable before the death of the deceased and the date of his
death bears to one year.
25. Manner in which compensation is to be paid
and recovered if not duly paid.— Every sum ordered by a tribunal to be paid out of the income of a
gurdwara by way of compensation shall be deposited in the treasury of the
tehsil in which the gurdwara is situated, and shall be paid to the person or
persons entitled to it under such order or under the provisions of section 24
in such manner as may be prescribed, and if it is not so deposited shall be
recoverable out of the [88][88][income of such gurdwara or by way of
temporary alienation of the agricultural land of such gurdwara or a period
which the Collector may determine].
[89][89][25-A. Power of tribunal to pass decrees for
possession in favour of the committee of gurdwaras.— (1) When it has been decided under the
provisions of this Act that right, title or interest in immovable property
belongs to a Notified Sikh Gurdwara, or any person, the committee of the
Gurdwara concerned or the person in whose favour a declaration has been made
may, within a period of one year from the date of the decision or the date of
the constitution of the committee, whichever is later, institute a suit before
a tribunal claiming to be awarded, possession of the right, title or interest
in the immovable property in question as against the parties to the previous
petition, and the tribunal shall if satisfied that the claim relates to the
right, title or interest in the immovable property which has been held to
belong to the gurdwara, or to the person in whose favour the declaration has
been made, pass a decree for possession accordingly.
(2) Notwithstanding anything contained in
any Act to the contrary, the court-fee payable on the plaint in such suit shall
be five rupees].
26. Entry of
rights of gurdwara in revenue records.— When it has been decided, under the provisions of
this Act, that a right, title or interest in immovable property belongs to a
Notified Sikh Gurdwara or when a right, title or interest in such property has
been included in a list published under the provisions of sub-section (3) of
section 5 or sub-section (3) of section 10, the Collector of the district in
which the property is situated shall, on application being made to him on his
behalf and after making such enquiry as he may deem proper as to the fact of
such decision or inclusion, cause an entry to be made in the record-of-rights,
if any , of the estate in which the property is situated recording the gurdwara
as the owner of the right, title or interest in accordance with the provisions
of the [90][90]Punjab Land Revenue Act, 1887[91][91].
27. Treatment of property dedicated to a
Notified Sikh Gurdwara but under management of trustees.— (1) When on or before the commencement of
this Act any property has been dedicated or gifted to a Notified Sikh Gurdwara
and a trust has been created in writing for the management of such property and
for the distribution of the income accruing therefrom partly to the gurdwara
and partly to another institution or to another person or to both, any trustee
appointed for the propose of such trust, or any person having interest in such
gurdwara or any person having interest in such institution, or any beneficiary
under the terms of such trust may, within ninety days from the date of the
publication of a notification declaring such gurdwara to be a Sikh Gurdwara, present
a petition to a tribunal claiming that the trustees appointed under the terms
of the trust should continue to manage the property and to distribute the
income accruing therefrom according to the terms of the trust, and in addition
may claim that the tribunal should determine what portion of the income should
be allocated to any beneficiary.
(2) If the tribunal finds that the major portion
of the income accruing from the property has not been allocated under the terms
of the trust to such gurdwara then, notwithstanding anything contained in this
Act, the tribunal shall order that such trustees shall continue to manage the
property and distribute the income accruing therefrom according to the terms of
the trust, and if the tribunal finds, that the major portion of the income has
been allocated under the terms of the
trust to the gurdwara, the tribunal shall order that the committee of such
gurdwara shall manage the property and distribute the income accruing therefrom
according to the terms of the trust.
(3) If it is not clear from the terms of the
trust what portion of the income has been allocated to any beneficiary, the
tribunal may on the application of any party determine what portion of the
income shall be allocated to any beneficiary.
(4) If no such petition is presented within the
time prescribed in sub-section (1) the committee of such gurdwara shall manage
such property and distribute the income accruing therefrom according to the
terms of the trust.
28. Suits for possession of undisputed property
on behalf of Notified Sikh Gurdwaras.— (1) When a notification has been published under the provisions of
sub-section (3) of section 5 or of sub-section (3) of section 10, the committee
of the gurdwara concerned may bring a suit on behalf of the gurdwara for the
possession of any property, a proprietary title in which has been specified in
such notification, provided that the gurdwara concerned is entitled to
immediate possession of the property in question, and is not in possession
thereof at the date of the publication of such notification.
(2) The suit shall be
instituted in the principal court of original jurisdiction in which the
property in question is situated within a period of ninety days from the date
of the publication of such notification, or from the date of the constitution
of the committee, whichever is later, and if a suit is not instituted within
that period no subsequent suit on behalf of the gurdwara for the possession of
the property shall be instituted in any court except on the ground of the
dispossession of the gurdwara after the date of the publication of such
notification.
(3) Notwithstanding
anything contained in any Act to the contrary, the court-fee payable on the
plaint in such suit shall be five rupees.
29. Exclusion of jurisdiction of the courts.— Notwithstanding anything contained in any
other law or enactment for the time being in force no suit shall be instituted
and no court shall entertain or continue any suit or proceeding in so far as
such suit or proceeding involves—
(1) any
claim to, or prayer for the restoration of
any person to an office in a Notified Sikh Gurdwara or any prayer for the
restoration or establishment of any system of management of a Notified Sikh
Gurdwara other than a system of management established under the provisions of
Part III;
(2) any
claim to, or prayer for the restoration of any person to an office in or any
prayer for the restoration or establishment of any system of management of, any
gurdwara in respect of which a notification has been published in accordance
with the provisions of sub-section (3) of section 7 unless and until it has
been decided under the provisions of section 16 that such gurdwara should not
be declared to be a Sikh Gurdwara.
30. Decision by
courts on certain claims in certain circumstances.— At any time after the
commencement of this Act in any suit or proceeding instituted in any civil or
revenue court—
(i) if any claim is made that any right, title or
interest in any property belong to a Notified Sikh Gurdwara and the court finds
that such claim might have been made in a list forwarded to the [92][92][Provincial Government] under the provisions
of sub-section (1) of section 3 or of sub-section (2) of section 7 and that no such claim was duly made
within time, the court shall decide such claim against the gurdwara on behalf
of which the claim is made:
Provided
that the court need not so decide, if it is satisfied that the failure to make
the claim was owing to the fact that no person who forwarded or joined in
forwarding a list had knowledge of the existence of the right, title or
interest that might have been so claimed and that no such person could, by the
exercise of reasonable diligence, have come to know of the existence of such
right, title or interest;
(ii) if any right is claimed for any person in
connection with a Notified Sikh Gurdwara and the court finds that the right
might have been made the subject of a claim in a petition forwarded to the [93][93][Provincial Government] under the provisions of
sections 5, 6, 10, or 11 or presented to a tribunal under the provisions of
sections 19, 20, 21, or 27 and that no such claim was duly made within time,
the court shall decide the claim against the person claiming the right;
Provided
that in the case of a claim that might have been made under the provisions of
section 5 or section 10, the court need not so decide, if it is satisfied that
the failure to make the claim was owing to the fact that the person who might
have made the claim either had no knowledge of the existence of the right,
title or interest that he might have so claimed or had no knowledge of the fact
that the right, title or interest had
been included in a list published under the provisions of sub-section (2) of
section 3 or of sub-section (3) of Section 7 and could not, by the exercise of
reasonable diligence, have come to know of the existence of such right, title
or interest, or of the fact that such right, title or interest, was so
included:
Provided
further that in the case of a claim by a past or present office-holder or any
person deriving titles subsequent to the first day of January, 1920, from such
office-holder, minority or insanity shall not, by itself, be deemed a valid
reason for not having such knowledge.
31. Courts not to continue certain proceedings
pending decision as to whether place is or is not a Sikh Gurdwara.— (1) No court shall continue any proceedings
in so far as such proceedings involve any claim relating to a gurdwara
specified in Schedule I or in regard to which a notification has been published
under the provisions of sub-section (2) of section 3, if such claim could have
been made in a petition forwarded to the [94][94][Provincial Government] under the provisions
of section 5 or 6, or presented to a tribunal under the provisions of sections
19, 20, 21 or 27 and was not so made, unless and until such gurdwara is deemed
to be excluded from specification in Schedule I under the provisions of section
4.
(2) No court shall continue any proceedings in far as such proceedings involve any
claim relating to a gurdwara in
regard to which a notification has been published under the provisions of
sub-section (3) of section 7, which could have been made in a petition
forwarded to the [95][95][Provincial Government] under the provisions
of section 10 or 11 presented to a tribunal under the provisions of sections
19, 20, 21 or 27, and was not so made, unless and until it has been decided
under the provisions of section 16 that such gurdwara should not be declared to
be a Sikh Gurdwara.
32. Transfer of
suits pending in court.— (1) Where in any suit or proceeding pending at the
commencement of this Act or instituted after its commencement, in a civil or
revenue court, it has become or becomes necessary to decide any claim in
connection with a Notified Sikh
Gurdwara which the court finds might be made under the provisions of sections
3, 5, 6, 7, 10, 11, 19, 20, 21 or 27, within the time prescribed therein, the
court shall frame an issue in respect of such claim and shall forward the
record of the suit or proceeding to a tribunal.
(2) On receiving a record forwarded to it under
the provisions of sub-section (1) the tribunal shall proceed to hear and
determine the issue and record its decision in the form of an order and shall
return the record with a copy of its decision to the court and the court shall
proceed to determine the suit or proceeding in accordance with such decision
subject to the provisions of section 34.
33. Disputes relating to rights of office-holder
after a year from commencement of Act.— When any place has been declared by notification under the provisions
of this Act to be a Sikh Gurdwara, the right of any office-holder thereof who
holds office on the date of the publication of such notification to continue to
hold his office shall be decided in accordance with the provisions of Part III.
34. Appeal against orders of a tribunal.— (1) Any party aggrieved by a final order
passed by a tribunal determining any matter decided by it under the provisions
of this Act may, within ninety days of the date of such order, appeal to the
High Court.
(2) No appeal or application for revision shall
lie against an order of tribunal except as provided for in sub-section (1).
(3) An appeal preferred under the provisions of
this section shall be heard by a Division
Court of the High Court.
35. Court-fees.— Notwithstanding anything contained in any
Act to the contrary, the court-fee, payable on documents of the description
specified in the second column of Schedule III shall be the fee specified in
each case in the third column of that schedule and shall be paid in such manner
as may be prescribed.
36. No court to take cognizance of manner in
which the [96][96][Provincial
Government] or tribunal exercises its power under the Act.— No suit shall lie in any court to question
anything purporting to be done by the [97][97][Provincial Government], or, by a tribunal,
in exercise of any powers vested in it by or under this Act.
37. Courts not to
pass an order or grant or execute decree inconsistent with decision of a tribunal.— Except as provided in
this Act no court shall pass any order or grant any decree or execute wholly or
partly, any order or decree, if the effect of such order, decree or execution
would be inconsistent with any decision of a tribunal, or any order passed on
appeal therefrom, under the provisions of this Part.
PART II
CHAPTER IV
APPLICATION OF PROVISIONS OF PART III TO
GURDWARAS FOUND TO BE SIKH GURDWARAS BY COURTS OTHER THAN A TRIBUNAL UNDER THE
PROVISIONS OF THE ACT
38. Recourse to
ordinary courts in cases where action has not been taken under Part I with a view to application of
provisions of Part III to a gurdwara.— (1) Notwithstanding anything contained in this
Act or any other Act or enactment in force any two or more persons having
interest in any gurdwara in respect of which no notification declaring the
gurdwara to be a Sikh Gurdwara has been published under the provisions of this
Act, may, after the expiry of one year from the commencement of this Act or of
such further period as the [98][98][Provincial Government] may have fixed under the provisions of
sub-section (1) of section 7, and after having obtained the consent of the
Deputy Commissioner of the district in which such gurdwara is situated,
institute a suit, whether contentious or not, in the principal court of
original jurisdiction or in any other court empowered in that behalf by the [99][99][Provincial Government] within the local limits of
whose jurisdiction the gurdwara is situated, praying for any of the reliefs
specified in section 92 of the Code of Civil Procedure, 1908[100][100], and may in such suit pray that the provisions of
Part III may be applied to such gurdwara.
(2) The court in which a suit is instituted under
the provisions of sub-section (1) shall decide whether the gurdwara is or is
not a gurdwara as described in sub-section (2) of section 16, and if the court
decides that it is such a gurdwara and is also of opinion that, having regard
to all the circumstances, the gurdwara is one to the management of which the
provisions of Part III should be applied, the court shall by public
advertisement and in such other manner as it may in each case direct, call upon
any person having interest in the gurdwara to appear and show cause why the
provisions of Part III should not be so applied, and shall in its order fix a
date not less than one month from the date of the order on which any person
appearing shall be heard.
(3) Upon the date fixed
under the provisions of sub-section (2) or on any subsequent date to which the
hearing may be adjourned, the court shall proceed to hear the person, or
persons, if any, appearing, and if
the court is satisfied that the provisions of Part III can be applied to the
management of the gurdwara without prejudice to any existing order or decree
relating to the gurdwara and conferring on any person or declaring any person
to be entitled to any right, in respect of the administration or management
thereof, the court shall pass a decree that the said provisions shall apply to
the management of the gurdwara.
(4) Upon such decree
being passed and subject to any order that may be passed on appeal against or
in revision of the decree the provisions of Part III shall apply to such
gurdwara as if it had been declared by notification under the provisions of
this Act to be a Sikh Gurdwara.
(5) When under the provisions of sub-section (3)
the provisions of Part III have by decree been applied to the management of a
gurdwara any hereditary office-holder of such gurdwara who within twelve months
after the date of the decree has resigned office or been removed from office
otherwise than in accordance with the provisions of section 134 or under the
provisions of section 142 or a presumptive successor of such office-holder, may
within ninety days from the date of the resignation or removal, as the case may
be, of such office-holder, present a petition to the Court which passed the
decree claiming to be awarded compensation on the ground that he has suffered
or will suffer pecuniary loss owing to a change in the management of such
gurdwara, and the court may, notwithstanding the fact that such office-holder
has voluntarily resigned, pass a decree awarding him compensation as if such
office-holder had been unlawfully removed from his office.
(6) The provisions of sections 22, 23, 24 and 25
shall, so far as may be, apply to proceedings under the provisions of
sub-section (5) and to proceedings arising therefrom, as if the court was a
tribunal.
PART III
CHAPTER V
CONTROL OF SIKH GURDWARAS
39. Suits for relief claimable by application
under this Part, barred.—
Notwithstanding anything contained in any Act to the contrary, no suit shall be
instituted or continued in any court, claiming any relief in respect of the
management or administration of a Notified Sikh Gurdwara if such relief might
be or might have been claimed in an application made under the provisions of
this Part.
40. Board, Committees and Commission to be
constituted for the purposes of this Act.— For the purposes of this Act there shall be constituted a Board and
for every Notified Sikh Gurdwara a committee of management, [101][101][or a local committee] and there shall also
be constituted from time to time a Judicial Commission, in the manner
hereinafter provided.
41. Control of Sikh Gurdwara.— The management of every Notified Sikh
Gurdwara shall be administered by the committee [102][102][or a local committee], constituted therefor,
the Board and the Commission in accordance with the provisions of this Part.
CHAPTER VI
THE BOARD
42. Name of Board.— (1) The Board shall be known by such name as
may be decided upon at a general meeting of the first Board constituted under
the provisions of this Act, provided that not less than three-fifths of the
members present at the meeting have voted in favour of the name selected, and
that such name has been approved by the [103][103][Provincial Government].
(2) If the Board fails to select a name in
accordance with the provisions of sub-section (1) or the name selected is not
approved by the [104][104][Provincial Government], the Board shall be
designated the Central Board.
(3) The Board shall by such a name be a body
corporate and shall have a perpetual succession and a common seal and shall by
such name sue and be sued.
43. Composition and constitution of the Board.— (1) The Board shall consist of—
(i) one hundred and [105][105][thirty two] elected members;
(ii) the head ministers of the Darbar Sahib,
The Sri Akal Takht
Sahib, Amritsar, the Sri Takht Kesgarh Sahib, Anandpur, the Sri Takht Patna Sahib,
Patna, and the Sri Takht Hazur Sahib, Hyderabad Dekkan.
(iii) twelve members nominated by the Darbars of the
Indian States Specified in sub-section (2);
(iv) [106][106][seventeen] members resident in India, of whom not
more than [107][107][Four] shall be residents in the Punjab, co-opted
by the members of the Board as described in clauses (i), (ii) and (iii).
(2) The [108][108][Provincial Government] shall invite the
Darbars of the Indian States specified in the list following to nominate the
number of members stated therein against their respective names:-
Nabha .. .. .. 2
Faridkot .. .. .. 2
Kapurthala .. .. .. 2
Jind .. .. .. 1
Kalsia .. .. 1
(3) If the Darbar of any
(4) The [110][110][Provincial Government] shall, as soon as may be,
call a meeting of the members of the Board described in clauses (i), (ii) and
(iii) of sub-section (1) for the purpose of co-opting the members described in
clause (iv) of that sub-section, and after the members have been co-opted the [111][111][Provincial Government] shall notify the fact of
the Board having been duly constituted; and the date of the publication of the
notification shall be deemed to be the date of the constitution of the Board.
[112][112][44. Constituencies for election of members
of Board.— (1) The
constituencies by which the elected members of the Board shall be returned
shall be as specified in Schedule IV, and except as hereinafter provided, each
constituency shall return a single member:
Provided
that Provincial Government may from time to time, and after such consultation
with the Board as it considers proper, by notification alter the local limits
of any constituency.
(2) The Provincial
Government shall, from time to time and after such consultation with the Board
as it considers proper, select twelve constituencies from among the
constituencies specified in Schedule IV, and the constituencies so selected
shall be plural constituencies each returning two members, of whom one shall be
a Mazhabi Sikh, a Ramdasia Sikh or a Kabirpanthia Sikh and the other shall be a Sikh who is neither a Mazhabi Sikh, a Ramdasia Sikh nor a Kabirpanthia
Sikh.]
45. Qualifications of elected members.— (1) A person shall not be eligible for
election as a member of the Board if such person—
(i) is of unsound mind;
(ii) is an undischarged insolvent,
(iii) is a patit;
(iv) is a minister of a Notified Sikh Gurdwara,
other than the head minister of the Darbar Sahib,
(v) is a paid servant of any Notified Sikh
Gurdwara, or of the Board other than a member of the executive committee of the
Board.
[113][113][(vi) being
a keshadhari Sikh is not a amritdhari;
(vii) takes alcoholic drinks;
(viii) cannot read and write Gurmukhi.]
(2) No person shall be eligible for election as a
member of the Board if he is not registered on the electoral roll of any
constituency specified in Schedule IV.
(3) Notwithstanding anything contained in
sub-section (1) no person shall be prevented from standing as a candidate for
election as a member of the Board on the ground that he is a patit, but if a person elected is
thereafter found under the provisions of section 84 to be a patit his election shall be void.
46. Qualifications of nominated members.— A person shall not be nominated or co-opted
to be a member of the Board if he—
(i) is less than twenty-one years old;
(ii) is not a Sikh;
(iii) is of unsound mind;
(iv) is an undischarged insolvent;
(v) is a patit;
(vi) is minister of a Notified Sikh Gurdwara other
than the head minister of the Darbar Sahib,
(vii) is a paid servant of any Notified Sikh
Gurdwara or of the Board, other than a member of the executive committee of the
Board.
[114][114][(viii) being
a keshadhari Sikh is not amritdhari;
(ix) takes alcoholic drinks;
(x) cannot read and write Gurmukhi].
47. Date of Board elections.— Elections of members of the Board under the
provisions of this Act shall be held on dates to be fixed by the [115][115][Provincial Government].
48. Electoral Roll.— An electoral roll shall be prepared in such
manner as may be prescribed for every constituency, on which shall be entered
the names of all persons entitled to be registered as voters in that
constituency.
[116][116][49. Qualifications of electors.— Every person shall be entitled to have his
name registered on the electoral roll of a constituency constituted for the election of a member or members
of the Board who is a resident in that constituency and either—
(i) is on the electoral roll for the time being
in force of persons entitled to vote for the election of a member to represent
a Sikh urban or rural constituency of the [117][117][Provincial Assembly], or
(ii) is a Sikh more than twenty-one years of age,
who has had his name registered as a voter in such manner as may be prescribed:
Provided that no person
shall be registered as an elector who—
(a) trims or shaves his beard or keshas except in case of sehjdhari;
(b) smokes;
(c) takes alcoholic drinks.]
50. Right to vote.— [118][118][(1)] Every person registered on the
electoral roll for the time being in force for any constituency for the
election of a member or members of the Board shall be entitled while so
registered to vote at an election of a member or members for that constituency,
provided that no person shall be entitled to vote at an election in more than
one constituency.
[119][119][(2) In
any plural constituency as provided by section 44, the right of voting shall be
exercisable in the following manner that is to say, a vote may be cast for each
of the two candidates of whom one shall be a Mazhabi Sikh, a Ramdasia
Sikh or a Kabirpanthia Sikh and the
other shall be a sikh who is not either a Mazhabi
Sikh or a Ramdasia Sikh or a Kabirpanthia Sikh.]
51. Term of membership.— The members of the Board shall hold office
for [120][120][five] years from the date of its
constitution or until the constitution of a new Board, whichever is later.
[121][121][52. Effect of subsequent disability to
serve as member of Board.—
(1) If any person having been elected or nominated [122][122][or co-opted] a member of the Board
subsequently becomes subject to any of the disabilities stated in section 45 or
section 46, as the case may be, he shall cease to be a member thereof.
(2) If any person having been elected or
nominated [123][123][or co-opted] a member of the Board absents
himself from three consecutive general meetings of the Board, his name may be
removed from membership by the Board, provided that, if he applies to the Board
within one month of the removal of his name to be restored to membership the
Board may, at the meeting next following the date of the receipt of such
application, restore him to office, provided further that no member shall be
restored more than three times.]
53. Vacancy in Board, how to be filled.— When a vacancy occurs in the Board owing to
the death or resignation of a member or for any other reason, a new member
shall be elected, nominated or co-opted, as the case may be, in the manner in
which the member whose seat is to be filled was elected or nominated or
co-opted.
54. First meeting of the Board.— The first general meeting of the Board shall
be held at a time not later than one month after the [124][124][Provincial Government] has notified that it
has been constituted, and notice thereof shall be given by notification by the [125][125][Provincial Government]:
[126][126][Provided that the Provincial Government may,
in special circumstances, direct such meeting to be held at a later date.]
55. Annual general meeting.— An annual general meeting of the Board shall
be held in every year.
56. Notice of meeting.— Meetings of the Board other than the first
meeting shall be called by twenty days’ notice in writing served on every member of the Board in such manner as
may be prescribed by bye-laws made by the Board.
57. Power of
members to call meeting.— Any ten or more members may by application in writing
made to the President demand that a general meeting of the Board be held, and
if, notwithstanding such demand, notice of a meeting is not given within
fifteen days of the date on which the application was received by the
President, the applicants may themselves call a meeting to be held at the
office of the Board by ten days’ notice served in the manner described in
section 56.
58. Office of Board.— The Board shall have an office in
59. Quorum of
Board in general meeting.— The powers vested by this Act in the Board in general
meeting shall not be exercised except by the Board at a meeting at which
thirty-one or more members are present.
60. Chairman at meetings of the Board.— The President shall be the chairman at the
meetings of the Board and of the executive committee; if the President is
absent the Vice-President shall be chairman, and if neither the President nor
Vice-President is present the members present shall elect one of themselves to
be chairman for the purposes of the meetings.
61. Decision of questions before Board.— Except as otherwise provided by this Act or
prescribed all questions which come before the Board or its executive committee
shall be decided by a majority of the votes of the members present, and in the
case of an equality of votes the chairman shall have a second or casting vote.
62. Office bearers and executive committee of
Board.— The Board shall at
its first general meeting elect by a ballot one of its members to be President,
[127][127][two
others to be Vice-Presidents (one Senior and one Junior) and another to be
General-Secretary of the Board] to be known as office-bearers of the Board, and
shall also at the same meeting in like manner elect not less than five and not
more than eleven of its members, as the Board may deem fit, to be members of
the executive committee of the Board, and the office-bearers and members so
elected shall be the executive committee of the Board.
63. Annual election of executive committee.— (1) Subsequent to the constitution of an
executive committee under the provisions of section 62 and executive committee
similar to the one described in that section shall be elected by ballot at each
annual general meeting of the Board [128][128][if the Board so desires] the [129][129][Office-bearers] and other members of the
executive committee elected at the first meeting of the Board shall hold office
until a new executive committee has been elected at the first annual general
meeting of the Board, and the members elected at an annual general meeting
shall hold office until a new executive committee has been duly elected at the
next following annual general meeting.
(2) Nothing contained in sub-section (1) shall
prevent the re-election of any outgoing members of an executive committee.
64. Powers of executive committee of Board.— The executive committee of the Board shall
exercise on behalf of the Board all powers conferred on the Board by the
provisions of this Act which are not expressly reserved to be exercised by the
Board in general meeting.
65. Vacancy in executive committee, how to be
filled.— If a vacancy occurs
in the executive committee, the remaining members of the executive committee
may, if the vacancy is that of an office-bearer, appoint one of themselves, or
if the vacancy is that of any member other than an office-bearer, nominate any
member of the Board temporarily to fill the vacancy until the next following
general meeting of the Board, and the Board shall at such meeting elect a
member of the Board to fill the vacancy.
66. Member of a committee of management not to
be member of executive committee of Board.— A member of a committee of management shall not be eligible for
election as a member of the executive committee, and if any member of the
executive committee at any time becomes a member of a committee of management
he shall forthwith cease to be a member of the executive committee.
67. Resignation of member of executive
committee.— A member of the
executive committee [130][130][or of the Board] may resign the office by
giving notice to the President and an office-bearer may resign his office by
giving notice to the executive committee, and such resignation shall have
effect from the date on which the resignation was accepted by the President or
executive committee, as the case may be.
68. Remuneration of members of executive
committee.— Any member of
the executive committee may receive out of the fund of the Board such salary or
other remuneration as may from time to time be fixed by the Board in general
meeting.
69. Servants of the Board; their appointment and
punishment.— The executive
committee of the Board may appoint such servants as it may be deemed to be
necessary for the due performance by itself of its duties, and may from time to
time determine the number, designations, grades and scales of salary, or other
remuneration of such servants, and may at any time fine, reduce, suspend, or
remove any servant.
CHAPTER VII
THE JUDICIAL COMMISSION
70. The Judicial Commission.— (1) The Judicial Commission shall consist of
three members who shall be Sikhs, appointed from time to time as may be necessary
by the [131][131][Provincial Government].
(2) No person shall be appointed to be a
member of the Commission unless he—
(i) is, or at the time of his retirement or
resignation from [132][132][the Service of State], was a District Judge
or a Subordinate Judge of the first class or of not less than ten years’
standing, or [133][133][a Munsif of the 1st class or of not less
than ten years’s standing, or]
(ii) is a Barrister of not less than ten years’
standing,
(iii) is a person who has been a pleader of any High
Court [134][134][or any Court which is a High Court within
the meaning of clause (24) of section 3 of the General Clauses Act, 1897[135][135]] for an aggregate period of not less than
ten years.
(3) Two of the members of the Commission
shall be selected by the [136][136][Provincial Government] out of a list of
qualified persons prepared and maintained as described in section 71.
71. Appointment
of members of the Commission.— (1) For the purpose of the appointment of members of the
Commission the Board shall, as soon as may be, after its constitution submit a
list of the names of seven persons nominated by the Board, and the [137][137][Provincial Government] shall after being
satisfied that the persons are qualified as required by section 70 record the
list: provided that if the Board fails to submit a list within ninety days from
the constitution of the Board the [138][138][Provincial Government] may itself complete a list
of qualified persons.
(2) A person whose name is on the list described
in sub-section (1) shall be entitled to have his name retained thereon for two
years after his nomination has been recorded, provided that the [139][139][Provincial Government] may at any time
remove his name, if it is satisfied upon a report made by the Board and any
enquiries it may see fit to make, that he is incapable of acting as a member of
the commission.
(3) If any person whose name is on the list dies,
or applies to the Board to have his name removed therefrom the Board shall
inform the [140][140][Provincial Government] and his name shall be
removed from the list.
(4) The [141][141][Provincial Government] shall on request
being made to it for this purpose by the Board remove from the list the name of
any person whose name has been on the list for more than three years, provided
that the name of any person shall not be so removed while such person is a
member of the commission.
(5) When a name has been removed from the list
the Board shall nominate a qualified person for the purpose of filling the
vacancy, and the [142][142][Provincial Government] shall after being
satisfied that such person is qualified, place his name upon the list.
(6) If the Board fails to nominate a person to
fill a vacancy as required by sub-section (5) the [143][143][Provincial Government] may after giving one
month’s notice of its intention to the Board place the name of any qualified
person on the list to fill the vacancy.
72. Member of
Board or of a committee to resign if appointed a member of Commission.— If any person who is a
member of the Board or of a committee or of both is appointed to be a member of
the Commission and accepts the appointment he shall forthwith cease to be a
member of the Board or Committee, or of both, as the case may be.
73. Remuneration of members of the Commission.— The members of the Commission, while they
continue as such, shall receive such remuneration [144][144][or daily allowance and travelling expenses]
as may be fixed from time to time by the [145][145][Provincial Government] [146][146][with consultation of the Board] and shall be
deemed to be public servants within the meaning of section 21 of the [147][147]Indian Penal Code[148][148].
74. Officers and servants of the Commission.— The [149][149][Provincial Government] may from time to time
appoint such officers and servants as it may deem to be necessary for the due
performance of its duties by the Commission, and the officers and servants so
appointed shall, while they continue as such, be deemed to be public servants
within the meaning of section 21 of the [150][150]Indian Penal Code.
75. Expenses to be shared by Government and
Board.— (1) [151][151][The net expenses arising from the
appointment of the Commission including the remuneration of its members,
officers and servants shall be defrayed by the [152][152][Provincial Government] and the Board, the [153][153][Provincial Government], paying one-third of
the whole, provided that the remuneration of the members, officers and servants
shall be paid wholly in the first instance by the [154][154][Provincial Government] and the portion
thereof payable by the Board shall be recovered from the Board after the close
of each financial year.
(2) Any sum due to the [155][155][Provincial Government] under the provisions
of sub-section (1), shall, if not recovered within three months after a demand
has been made, be recoverable as if it were an arrear of land revenue.
76. Jurisdiction and procedure of Commission.— (1) The Commission shall for the purpose of
deciding any matter which it is empowered to decide under the provisions of
this Act have the same powers as are vested in a court by the Code of Civil
Procedure, 1908[156][156],
and shall have jurisdiction unlimited as regards value throughout the Punjab,
and shall have no jurisdiction over any proceedings other than is expressly
vested in it by this Act.
(2) A decree or order of the Commission shall be
executed or otherwise given effect to by the District Court of the district in
which the gurdwara in connection with which the decree or order was passed is
situated, or by the District Court to which the commission directs that any
decree or order shall be sent for this purpose, as if the decree or order had
been a decree or order passed by such court.
(3) The proceedings of the Commission shall, so
far as may be and subject to the provisions of this Act, be conducted in
accordance with the provisions of the Code of Civil Procedure, 1908 (V of
1908), and, save as otherwise provided by this Act, all orders of the
Commission shall be final.
77. Court and office of Commission.— The Commission shall have its court and
office at such place or places as the [157][157][Provincial Government] may from time to time
fix.
78. Vacancy in Commission.— If a vacancy occurs in the Commission it
shall be filled by the appointment by the [158][158][Provincial Government] or some other
qualified person in the same manner as that in which the person whose seat is
to be filled was appointed.
79. Removal of member of Commission.— The [159][159][Provincial Government] may remove any member
of the Commission—
(i) if he refuses to act or becomes in the
opinion of the [160][160][Provincial Government] incapable of acting
or unfit to act as a member, or
(ii) if he has absented himself from more than
three consecutive meetings of the commission, or
(iii) if it is satisfied after such enquiry as it
may deem necessary that he has flagrantly abused his position as a member, [161][161][* * *]
(iv) [162][162][* * * * *
* * * * * * *]
80. Election of President of Commission.— (1) The members of the Commission shall
elect one of themselves to be president of the Commission.
(2) If the members of the Commission are unable
within ten days of the constitution of the Commission to elect a President by a
majority of votes, a president may be appointed by the [163][163][Provincial Government].
(3) No proceedings shall be taken by the
Commission unless at least two members are present and sitting together:
provided that notices and summonses may be issued by the president or a member
nominated by the president for this purpose, sitting alone.
(4) If the president is not present and two
members present shall decide which of them shall preside, and the member
decided upon shall perform the duties of president.
81. Settlement of difference of opinion in
Commission.— In case of
difference of opinion between the members of the Commission, the opinion of the
majority shall prevail; provided that, if only two members are present of whom
one is the president and if they are not in agreement, the opinion of the
president shall prevail; and if the president is not present and the two remaining members are not agreed, the
question in dispute shall be kept pending until the next meeting of the
Commission at which the president is present, and the opinion of the majority
or of the president when only two members are present shall be deemed to be the
opinion of the Commission.
82. Costs in proceedings may be made payable out
of income of Sikh Gurdwara.—
The costs, charges and expenses of, and incidental to any proceedings of the
Commission shall be in the discretion of the Commission, and the Commission may
in disposing of any proceedings direct that the whole or any part of such
expenses shall be paid by any party to such proceedings or out of the property
or income of the Notified Sikh Gurdwaras to which the proceedings relate.
83. Dissolution of Commission.— The [164][164][Provincial Government] may at any time, when
there is no proceeding pending before the Commission dissolve the Commission.
84. Decision as to whether a person is or is not
a patit.— If it is necessary to decide for the
purposes of the constitution of the Board or a committee, under the provisions
of this Act, whether a person has or has not become a patit the question shall on application being made thereto for this
purpose be decided by the Commission.
CHAPTER VIII
COMMITTEES OF GURDWARAS
[165][165][85. Constitution of committees of
management of certain gurdwaras.— (1) The Board shall be the Committee of Management for the Gurdwaras
known as—
(i) The Sri Akal Takhat Sahib at
(ii) The Darbar Sahib Baba Attal Sahib and all other
Notified Sikh Gurdwaras other than Sri Akal Takhat Sahib Situated within the
Municipal boundaries of Amritsar;
(iii) Sri Darbar Sahib and all other Notified Sikh
Gurdwaras within the limits of Municipal area of Tarn Taran;
(iv) Notified Sikh Gurdwaras at Nankana Sahib;
(v) All the Notified Sikh Gurdwaras at Anandpur
and the Gurdwaras connected therewith other than the Sri Takhat Keshgarh Sahib;
(vi) The Notified Sikh Gurdwaras at Mukatsar;
(vii) The Notified Sikh Gurdwaras within the limits
of
(viii) The Notified Sikh Gurdwaras within the limits
of Lahore Corporation.
The Board shall in consultation with local committees
prepare a scheme for a administration and management of the Gurdwaras described
in sub-section (1), their property, endowments, funds and income. Thereafter, this scheme may be modified
or amended from time to time by a resolution of Board passed by a majority of
two-thirds of the members present in the meeting, after consulting the local
committee for the gurdwara or gurdwaras concerned, constituted under
sub-section (3):
Provided
that any scheme so prepared shall provide that 10 per cent of the gross income
be earmarked by the committee of management for the promotion and uplift of
industry by which the Sikh Community shall benefit.
(3) (a) The local committee for
the Gurdwaras Akal Takhat and Keshgarh mentioned in sub-section (1) (i) shall
be the Board.
(b) The local committee for the gurdwaras mentioned in sub-section (1)
(ii) shall consist of—
(i) three members elected by the electors of the
municipal area of
(ii) four members elected by electors of the
Amritsar District registered under the provisions of section 92 other than the
electors so registered of the municipal area of
(iii) five members elected by the Board, in general
meeting one of whom shall be one of
the persons nominated to be member of the Board under the provisions of sub-section (2) of section 43;
(c) The
local committee for the gurdwaras mentioned in sub-section (1) (iii) shall
consist of—
(i) one member elected by the electors of
municipal area of Tarn Taran, registered under the provisions of section 92;
(ii) three members elected by the electors of the
Amritsar District registered under the provisions of section 92, other than the
electors so registered of municipal area of Tarn Taran;
(iii) three members elected by the Board in general
meetings;
(d) The
local committee for the gurdwaras mentioned in sub-section (1) (iv) shall
consist of—
(i) one member elected by the electors of the
municipal area of Nankana Sahib registered under the provisions of section 92;
(ii) two members elected by the electors of the
Sheikhupura District registered under the provisions of section 92 other than
the electors so registered of municipal area of Nankana Sahib;
(iii) two members elected by the electors of the
Gujranwala District registered under the provisions of section 92;
(iv) one member elected by the electors of the
(v) two members elected by the electors of the [166][166]Lyallpur District registered under the
provisions of section 92;
(vi) five members elected by the Board in general
meeting.
(e) The
local committee for the gurdwaras mentioned in sub-section (1) (v) shall
consist of—
(i) two members elected by the electors of the
revenue estates of Anandpur, Tarapur, Lodipur, Basali and Chak registered under
the Provisions ofsection 92;
(ii) two members elected by the electors of the
Hoshiarpur District registered under the Provisions of section 92, other than
the electors specified in clause (i);
(iii) one member elected by the electors of the
Ambala District registered under the provisions of section 92;
(iv) one member elected by the electors of the
Jullundur District registered under the provisions of section 92;
(v) five members elected by the Board in general
meeting two of whom shall be residents of Kapurthala State.
(f) The
local committee for the gurdwaras mentioned in sub-section (1) (vi) shall
consist of—
(i) one member elected by the electors of the
municipal area of Mukatsar registered under the provisions of section 92;
(ii) two members elected by the electors of the
Forozepore District registered under the provisions of section 92, other than
the electors so registered of the municipal area of Makatsar;
(iii) one member elected by the electors of the
Ludhiana District registered under the provisions of section 92;
(iv) five members elected by the Board in general
meeting, one of these being resident of Nabha State and one of Faridkot State.
(g) The
local committee for the gurdwaras mentioned in sub-section (1) (vii) shall
consist of—
(i) two members elected by the electors of the
Rawalpindi District registered under the provisions of section 92;
(ii) one member elected by the electors of the
Attock District registered under the provisions of section 92;
(iii) one member elected by the electors of the
Jhelum District registered under the provisions of section 92;
(iv) five members elected by the Board in general
meeting two of whom shall be residents of North-West Frontier Province and one
a Sehjdhari Sikh resident of
North-West Frontier Province or Rawalpindi Division.
(h) The
local committee for the gurdwaras mentioned in sub-section (1) (viii) shall
consist of—
(i) three members elected by the electors of
Lahore Corporation registered under the provisions of section 92;
(ii) three members elected by the electors of the
Lahore District registered under the provisions of section 92 other than
electors so registered of the Lahore Corporation;
(iii) two members elected by the Board in general
meeting.
[167][167][(4) Notwithstanding
anything contained in sub-section (3), the members of the local committee
mentioned in sub-clauses (i) and (ii) of clause (b), sub-clause (ii) of clause
(c), sub-clauses (ii), (iii) and (v) of clause (d), sub-clauses (i) and (ii) of
clause (e), sub-clause (ii) of clause (f), sub-clause (i) of clause (g) and
sub-clauses (i) and (ii) of clause (h) thereof shall be elected from single
member constituencies as prescribed.]
(5) The various local committees, constituted
under sub-section (3), shall carry on the day to day business of the respective
gurdwaras within the sanctioned
budget under the supervision, directions and control of the Board and subject
to the provisions of the Act and the scheme of administration referred to in
sub-section (2):
Provided
that none of the members elected by the Board in general meeting to the local
committees constituted under sub-section (3) shall belong to the districts
which have the right to elect members to the said local committees:
Provided
further that the existing committees of management of the gurdwaras under this
section shall hereafter act as local committees of the respective gurdwaras
till the [168][168][local committees are constituted].
86. Committees of gurdwaras other than those
specified in section 85.—
For every Notified Sikh Gurdwara other than a gurdwara specified in section 85
a committee shall be constituted after it has been declared to be a Sikh
Gurdwara under the provisions of this Act, or after the provisions of Part III
have been applied to it under the provisions of section 38, provided that the [169][169][Provincial Government] may by notification
direct that there shall be one committee for any two or more such gurdwaras
specified in the notification, and may in like manner cancel or modify such
notification, provided further that the [170][170][Provincial Government] shall not issue,
cancel or modify any such notification after the constitution of the first
Board, except upon recommendation being made to it in this behalf by the Board.
[171][171][86.A. Member of committee not to be member of
the executive committee of the Board.— A member of committee of management constituted under section 86 and a
member of local committee constituted under section 85 shall not be eligible
for election as a member of the executive
committee of the Board and if any member of the executive committee at any
time becomes a member of such committee of management or local committee, he
shall forthwith cease to be a member of the executive committee.]
87. Constitution of committees not specially
provided for.— Every
committee other than a [172][172][local]
committee for which provision is made in section 85 shall consist of four
elected members and one member nominated by the Board, who shall be a resident
in the district in which the gurdwara or one of the gurdwaras to be managed by
the committee is situated.
88. Constitution of committees; publication of
constitution and effect thereof.— (1) The [173][173][local committees or ] committees described
in sections 85 and 86 shall be constituted as soon as may be after the
constitution of the Board, provided that no [174][174][local committee or] committee shall be constituted for any gurdwara
under the provisions of this Act unless and until it has been declared to be a
Sikh Gurdwara under the provisions of this Act, or the provisions of Part III
have been applied to it under the provisions of section 38.
(2) When all the members of any [175][175][local] committee described in section 85
have been elected [176][176][* * *] according to the provisions of that
section, the [177][177][Provincial Government] shall notify the fact
that the [178][178][local] committee has been duly constituted,
and the date of the publication of the notification shall be deemed to be the
date of the constitution of the [179][179][local] committee.
(3) When all the members of any committee
described in section 87 have been elected or nominated, as the case may be,
according to the provisions of that section, the Commissioner of the Division
in which the gurdwara or gurdwaras is or are situated shall notify the fact
that the committee has been duly
constituted, and the date of the publication of the notification shall be
deemed to be the date of the constitution of the committee.
89. Election of members.— (1) The elected members of a committee [180][180][or a local committee] constituted for a
gurdwara specified in Schedule I shall be elected by the constituencies
specified in the Schedule against the gurdwaras:
Provided
that the [181][181][Provincial Government] may, from time to
time, and after such consultation with the Board as it considers proper, by
notification alter the local limits of any constituency.
(2) The elected members of a committee
constituted for a gurdwara other than a gurdwara specified in Schedule I or in
section 85 shall be elected by a constituency formed subject to the approval of
the [182][182][Provincial Government] by the Board in
general meeting, provided that for the election of such a committee before the
constitution the first Board under the provisions of this Act the [183][183][Provincial Government] shall, if necessary,
form the constituency.
(3) The Board may in general meeting, and subject
to the approval of the [184][184][Provincial Government], from time to time
vary any constituency formed under the provisions of, sub-section (2).
90. Qualification for election to a committee.— (1) A person shall not be eligible for
election as member of a committee [185][185][or a local committee] if such person—
(i) is not registered on the roll of any
constituency formed for the purposes of this Act, or
(ii) is of unsound mind, or
(iii) is an undischarged insolvent, or
(iv) is a minster of a Notified Sikh Gurdwara
other than the head minister of the Darbar Sahib, Amritsar, or any of the four
Sikh Takhts specified in clause (ii) of sub-section (1) of section 43, or
(v) is a paid servant of any Notified Sikh
Gurdwara or of the Board, or
(vi) is a patit,
[186][186][or
(vii) is not a Sikh, or
(viii) being a keshadhari
Sikh is not a amritdhari, or
(ix) takes alcoholic drinks, or
(x) cannot read and write Gurmukhi.]
(2) Notwithstanding
anything contained in sub-section (1), no person shall be prevented from
standing as a candidate at any election on the ground that he is a patit, but if he is elected and
thereafter found, under the provisions of section 84, to be a patit, his election shall be void.
91. Qualification for nomination to a
committee.— A person shall
not be nominated [187][187][or co-opted] to be a member of a committee
if he—
(i) is less than twenty-one years of age, or
(ii) is of unsound mind, or
(iii) is an undischarged insolvent, or
(iv) is a patit,
[188][188][or not a Sikh], or
(v) is a minister of a notified Sikh Gurdwara
other than the head minister of the Darbar Sahib, Amritsar, or any of the four
Sikh Takhts specified in clause (ii) of sub-section (1) of section 43, or
(vi) is a paid servant of a Notified Sikh
Gurdwara,
[189][189][(vii) being
a keshadhari Sikh is not a amritdhari, or
(viii) takes alcoholic drinks, or
(ix) cannot read and write Gurmukhi.]
[190][190][92. Qualification of electors.— Every person shall be entitled to have his
name registered on the electoral roll of a constituency for the election of a
member or members of a committee or of a local committee who is a resident in
that constituency, and either—
(i) is on the electoral roll for the time being in
force of persons entitled to vote for the election of a member to represent a
Sikh urban or rural constituency of
the [191][191][Provincial Assembly], or
(ii) is a Sikh more than twenty-one years of age
and has had his name registered as a voter in such manner as may be prescribed;
Provided
that no person shall be registered as an elector who—
(a) trims
or shaves his beard or keshas except
in case of Sehjdhari Sikhs;
(b) smokes;
and
(c) takes
alcoholic drinks.]
93. Right to vote.— Every person registered on the electoral
roll of a constituency for the election of a member or members of a committee [192][192][or a local committee] shall be entitled
while so registered to vote at an election of a member or members for that
constituency.
94. Period of continuance of committees.— Every committee shall continue for [193][193][five] years from the date of its
constitution or until a new committee has been constituted, whichever is later.
[194][194][94.A. Incorporation of committees.— Every Committee shall be a body corporate by
the name of the Committee of Management of the Gurdwara or Gurdwaras under its
management and shall have perpetual succession and a common seal and shall sue
and be sued in its corporate name.]
[195][195][95. Effect of subsequent disability to
serve as a member of a committee.— (1) If any person having been elected or nominated a member of a
committee becomes subject to any of the disabilities stated in section 90 or
91, as the case may be, he shall cease to be a member thereof.
(2) If any person having
been elected or nominated a member of the Committee absents himself from three
consecutive meetings of the Committee, his name may be removed from membership
by the Committee, provided that, if he applies to the Committee within one
month of the removal of his name to be restored to membership, the Committee
may, at the meeting next following the date of the receipt of such application,
restore him to office, provided further that no member shall be so restored
more than three times to the same Committee.]
96. Vacancies in committees other than those
specified in section 85.— [196][196][(1)] On the occurrence of a vacancy in a [197][197][Local] committee other than one of the
committees specified in section 85 a new member shall be elected or nominated,
as the case may be, in the manner in which is predecessor was elected or
nominated, and if no member is duly elected to replace an elected member, the
Board may appoint any qualified person to fill the vacancy.
[198][198][(2) If
in three consecutive elections no member is elected for the committee of
management of a Notified Sikh Gurdwara the Board may constitute the Committee
for such a gurdwara; provided the persons appointed upon such a committee shall
be the residents of the districts in which the said gurdwara or gurdwaras are
situated.]
97. Vacancies in committees specified in section
85.— If a vacancy occurs in
the [199][199][Local]
committee of a gurdwara specified in section 85 a new member shall be elected
or co-opted to fill the vacancy in the manner in which his predecessor was
elected or co-opted, provided that if the predecessor was elected by the Board
in general meeting the executive committee may temporarily fill the vacancy
until the next general meeting of the Board when the Board shall elect a member
permanently to fill the vacancy.
98. Committees to meet at least three times a
year.— [200][200][(1)] Every committee shall meet at least
three times in each year.
[201][201][(2) If
no meeting has been held for a period of four months any two members of the
Committee may, by giving reasonable notice to the other members residing in
99. Notice of meetings.— A meeting of a committee shall be called by
the president by seven day’s notice in writing, provided that if the office of
president is vacant, the vice-president shall, and if the office of
vice-president is also vacant, any two members of a committee may, by giving
reasonable notice to the other members, convene a meeting for the election of a
president.
100. Quorum of Committee.— No business shall be conducted or any
proceeding held by a committee except at a meeting at which three or more
members are present.
101. Presidents, and Vice-Presidents of
committees.— (1) Every
committee shall at its first meeting elect a member to be president and another
member to be vice-president and each of the members so elected shall hold
office during the continuance of the committee or until he resigns or ceases o
be a member of the committee.
(2) An outgoing president or vice-president
shall, if otherwise qualified, be eligible for re-election.
(3) At meetings of the committee the president
shall be chairman; if he is absent the vice-president shall be chairman; and if
both the president and the vice-president
are absent, the members present shall elect one of themselves to be
chairman for the purposes of the meeting.
102. Decisions of questions before committees.— All questions which come before a committee
shall be decided by a majority of the votes of the members present, and in
cases of an equality of votes the chairman shall have a second or casting vote.
103. Minutes to be recorded.— All resolutions and orders of a committee
shall be recorded in writing in a minute book and the record shall be signed by
the chairman of the meeting.
104. Resignation of president and members of
committee.— (1) A member of
a committee other than the president may resign his office by giving notice to
the president and a president may resign his office by giving notice to the committee.
(2) The resignation shall take effect in the case
of a member from the date of its acceptance by the president, and in the case
of a president from the date of its acceptance by the committee.
[202][202][105. Exclusion of Board acting as committee
from operation of this chapter.— The provisions of sections 95, 98, 99, 100, 101, 102, 103 and 104
shall apply to the local committees constituted under section 85, but nothing
contained in this chapter shall apply to the Board when acting as the committee
of management for the gurdwaras specified in section 85 (1).]
CHAPTER IX
FINANCES
106. Objects on which the funds of a gurdwara may
be spent.— (1) Subject to
the provisions of this Act, all properties and income of a Notified Sikh
Gurdwara shall be used, in the first place, for the maintenance or improvement
of the gurdwara; for the maintenance of religious worship and the performance
and conduct of religious and charitable duties, ceremonies and observances
connected therewith; for the payment of allowances or salaries of dependents,
officers and servants thereof; for the fulfillment of the objects of the
endowments thereof; for the maintenance of the langar; for such religious, charitable or educational purposes as
the committee may consider necessary in connection therewith or for the
discharge of any obligations legally incurred.
(2) When after providing for the purposes
specified in sub-section (1) there remains or appears likely to remain any
surplus sum or any income not required for any such purposes, the committee
may, by resolution passed by not less than two-thirds of its members, propose
to allocate a part or the whole of such surplus sum or income to a particular religious, educational
or charitable purpose and may, if the Board in writing sanctions such proposal,
act in accordance therewith, provided that any proposal so sanctioned to devote
to such purpose income accruing during a period of more than three years may at
any time not sooner than three years after the proposal was sanctioned be rescinded
or varied by a subsequent resolution of the committee passed in like manner.
(3) Notwithstanding anything contained in
sub-section (2) when it appears to the Board that after providing for the
purposes specified in sub-section (1) there remains or is likely to remain any
surplus sum or income not required for any such purposes, and the committee is
not willing to devote such surplus sum or income to other purposes, the Board
may apply to the Commission for an order allowing the Board to devote the whole
or part of such surplus sum of income to a particular and specified religious,
educational or other charitable purpose.
(4) When application has been made in accordance
with the provisions of sub-section (3) the Commission may, after hearing the
objections, if any, of the committee or of any person having interest in the
gurdwara concerned, if it is satisfied that the application is reasonable,
determine what portion, if any, of such surplus sum or income shall be retained as a reserve fund for the gurdwara
concerned and direct the remainder of the surplus sum or income to be devoted
to any such religious, educational and charitable purpose as it may deem
proper, and the Commission may, from time to time, on the application of the
Board or of the committee or of a person having interest in the gurdwara
concerned, rescind or vary any order passed under the provisions of this
sub-section.
(5) A committee or the Board if it is aggrieved
by an order passed under sub-section (4) may, not later than ninety days after
the passing of the order, appeal to the High Court and the High Court may
confirm the order or pass any such order as the Commission might have passed
instead of the order appealed against.
[203][203][(6) Nothing
contained in sub-sections (2), (3), (4) and (5) shall apply to the Board when
acting as a Committee of management under section 85 of this Act. In the case of such a committee when
after providing for the purpose specified in sub-section (1) there remains or
appears likely to remain any surplus sum or any income not required for such
purposes, the committee may by a resolution passed by not less than two-thirds
of the members present in the meeting: provided
that the meeting is attended by not less than one-half of the total members
constituting the committee, utilize or allocate a part or the whole of such
surplus sum of income of any particular gurdwara under its management to a
particular religious educational, charitable or industrial purpose:
Provided
further that an allocation so made to devote to such purpose income accruing
during a period of more than three years may at any time not sooner than three
years after the allocation was made be rescinded or varied by a subsequent
resolution of the committee passed in the like manner.]
107. Annual contribution to Board.— (1) Every committee shall pay annually to
the Board for the purpose of meeting the lawful expenses of the Board a
contribution in money out of the income of the gurdwara or gurdwaras under its
management.
[204][204][(2) The
proportion which such contribution shall bear to the annual income of a
gurdwara shall be fixed for each gurdwara
by the Board: provided that it shall not exceed one-tenth of such income.]
[205][205][(3) The
Board shall be competent to reduce the amount of contribution due to the Board from any committee or
gurdwara in any year for special reasons. Further the Board shall have power to
prescribe the limit of annual income of the gurdwara or gurdwaras which may be
totally exempted from making the contribution payable to the Board under the
provisions of this section.]
108. Formation of General Board Fund.— (1) The Board shall establish and maintain a
fund to be called the General Board Fund, and there shall be placed to the
credit thereof the following sums, namely—
(i) all the annual contributions paid to the Board
under the provisions of section 107;
(ii) all the fees for copies of accounts and of
entries in registers levied by the Board under the provisions of sub-section
(2) of section 114 and sub-section (8) of section 137.
(2) No sums other than those specified in
sub-section (1) shall be placed to the credit of the General Board Fund.
[206][206][(3) The
General Fund shall be applied solely to the payment of expenses lawfully
incurred by the Board in the exercise of its powers under the provisions of
this Act, towards the discharge of obligations legally incurred and towards the
maintenance, protection and support of such historical gurdwaras which in the
opinion of the Board cannot be maintained, protected or provided for otherwise,
provided that if after paying such expenses and discharging such obligations
and affording such protection any surplus sum remains, such surplus sum, up to
the amount of twenty thousand rupees in any year, may, be spent by the Board on
any religious, charitable, educational or industrial purposes and on such
non-political purposes as are connected with the general uplift and welfare of
the Panth as the Board may deem fit.]
(4) No part of the
General Board Fund shall be expended upon the administration of any trust fund
described in section 111 or section 112, or upon the object of any such trust
fund except in so far as such expenditure may be permissible under the
provisions of sub-section (3).
109. Funds transferred to Board by Shromani
Gurdwara Parbandhak Committee.—
If any sum is transferred to the Board by the Shromani Gurdwara Parbandhak
Committee, then—
(i) any portion thereof held on behalf of a
Notified Sikh Gurdwara shall be paid, as soon as may be, to the committee of
such gurdwara, and any portion held on behalf of any other place of worship
shall be paid to such person acting on behalf of the place of worship, as the [207][207][Provincial Government] may approve.
(ii) Any portion not required to be paid under the
provisions of clause (i) shall, in the first place, be used to discharge such
debts of the Shromani Gurdwara Parbandhak Committee as may be legally
recoverable;
(iii) any portion remaining after the debts of the
Shromani Gurdwara Parbandhak Committee have been discharged as required by
clause (ii) shall be set apart for such religious, charitable or educational
purposes as the Board in general meeting may determine, provided that any
portion not so set apart within one year from the constitution of the first
Board shall be handed over to the Committee described in sub-section (2) of
section 85 and shall form part of the funds of that Committee.
110. Funds held in Trust by the Board for
specified purposes.— Every
sum made over to the Board under the provisions of this Act by a committee of a
Notified Sikh Gurdwara or otherwise received by the Board of a specified
religious charitable [208][208][industrial] or educational purpose shall be
held by the Board as a trust and shall be devoted to the purpose specified.
111. General Trust Fund.— Every sum other than a sum specified in
sections 107, 109, or 110 or sub-section (2) of section 114 or sub-section (8)
of section 137 shall be placed to the credit of a fund to be called the General
Trust Fund out of which the Board in general meeting may from time to time make
allotments for the discharge of any obligation legally incurred in connection
therewith or for such religious, charitable, [209][209][industrial] or educational purposes as the
Board may consider proper or for grants in-aid for the maintenance or service
of Notified Sikh Gurdwaras.
112. Separate funds to be maintained for each
Trust.— The Board shall
establish and maintain a separate fund in respect of each Trust held in
accordance with the provisions of clause (iii) of section 109 or of section
110, and may discharge out of each such fund any obligation legally incurred in
connection therewith.
113. Trust Fund to be deposited in banks.— Every sum received by the Board in
connection with any fund shall be placed to the credit of the fund in such bank
as the Board in general meeting may direct.
114. Board to
maintain accounts of all Trust funds and of General Board Fund.— (1) The Board shall
maintain regular accounts showing receipts on account of an expenditure out of
the General Board Fund and separate similar accounts for each fund established
under the provisions of section 112 and for the General Trust Fund.
(2) Any person having interest in a Notified Sikh
Gurdwara shall on application being made to the Board, be furnished with a
copy, certified to be correct by the president or other member of the executive
committee authorised by the president on this behalf, of the whole or of any
specified part of such account.
(3) The Board shall charge for copies of accounts
furnished under the provision of sub-section (1) such fees as are charged for
copies of records under the control of Deputy Commissioners of districts under
the rules for the time being in force in the
115. Audit of accounts.— (1) The accounts described in section 114
shall be audited and examined once in every year by such auditor as may from
time to time be appointed by the [210][210][Provincial Government].
(2) For the purpose of any such audit and
examination of accounts the auditor may, by a demand in writing, require from
the Board or any member or servant of the Board the production before him of
all books, deeds, vouchers and all other documents and papers which he deems
necessary, and may require any person holding or accountable for any such
books, deeds, vouchers, documents or papers to appear before him at any such
audit and examination, and to answer all questions which may be put to him with
respect to the same or to prepare and submit any further statement which such
auditor may consider necessary.
116. Auditor’s report.— (1) Within thirty days after the audit and
examination have been completed the auditor shall submit a report to the Board
upon each account audited and examined, and shall forward copies of his reports
to the [211][211][Provincial
Government] and to the Commission.
(2) The report of the auditor shall among other
matters specify all items of expenditure which in his opinion are illegal,
irregular or improper, all cases of failure to recover money or property due to
the Board, all instances of loss or wasteful expenditure of money or property
due to negligence or misconduct and all instances in which any money or
property has been devoted to any purpose not authorised by this Act.
(3) The Board shall cause the report and
abstracts of each account to be published in at least one English and one
vernacular newspaper printed and published in the
117. Board to consider auditor’s report.— The Board in general meeting shall consider
the reports of the auditor and satisfy itself that no expenditure shown therein
has been incurred otherwise than in accordance with the provisions of this Act
and shall pass such orders as are in its opinion necessary and proper to
rectify any illegal, unauthorised or improper expenditure, and may pass such further
orders upon the reports as it may deem proper.
118. Payment of
expenses of audit.— (1) The expenses incurred in the audit and examination
of the account of any fund maintained by the Board in accordance with the
provisions of this Act shall be paid out of that fund.
(2) If payment of the expenses referred to in
sub-section (1) is not made within three months from the date of the submission
of a report as described in section 116, the [212][212][Provincial Government] may on application to it
being made within six months from such date by the auditor recover the amount
due as if it were an arrear of land revenue.
119. Budget of Board.— (1) The executive committee shall lay before
the Board at a general meeting to be held each year at such time as may be prescribed
an estimate of the income and expenditure for the ensuing financial year of the
Board and of each separate fund administered by the Board.
(2) The Board shall in general meeting take into
consideration every estimate laid before it by the executive committee, and it
shall be in the discretion of the Board to pass or reject such estimate or to
modify or alter it and to pass it as so modified or altered.
120. Accounts to
be maintained by committees.— (1) The committee [213][213][or the local committee] of every Notified Sikh
Gurdwara shall maintain a regular account, showing all sums received on behalf
of and all disbursements made out of the funds and income of the Gurdwara.
(2) Any person having interest in the gurdwara
shall, on application to the secretary of the committee [214][214][or the local committee] be furnished with a
copy of the whole or part of such account.
(3) The committee [215][215][or the local committee] shall charge for copies
furnished under the provisions of sub-section (1) such fees as are charged for
copies of records under the control of Deputy Commissioners of districts under
the rules for the time being in force in the Punjab.
121. Audit of committee’s Accounts.— (1) Subject to the provisions of sub-section
(5), every account described in section 120 shall be audited and examined once
in every year by an auditor appointed by the Board.
(2) The accounts of the [216][216][Local] Committee described in [217][217][* * *] section 85 shall be audited by an auditor
who may act as an auditor under the provision of section 144 of the [218][218]Indian Companies Act, 1913[219][219].
(3) The Board shall
maintain a list of not less than five auditors nominated by the Board with the
previous sanction of the [220][220][Provincial Government] for the purpose of the audit
of the accounts of committees other than those specified in sub-section (2) and no auditor, whose name is not on the list,
shall be appointed to audit such accounts.
(4) If within six months of the constitution of
the Board, the Board has failed to nominate
auditors as required by sub-section (3), the [221][221][Provincial Government] may appoint such
number of auditors as are necessary to complete the list.
(5) The committee of any Notified Sikh Gurdwara
whose gross annual monetary income does not exceed two thousand rupees may with
the sanction of the Board, cause the account of such gurdwara to be audited
less frequently than once in every year or may with like sanction dispense with
the audit and examination of such account.
(6) For the purpose of
any such audit and examination the auditor may, by a demand in writing, require
from the committee or any member or servant of the committee the production
before him of all books, deeds, vouchers and all other documents and papers
which he deems necessary, and may require any person holding or accountable for
any such books, deeds, vouchers, documents or papers to appear before him at
any such audit and examination and to answer all questions which may be put to
him with respect to the same or to prepare and submit any further statement
which such auditor may consider necessary.
122. Report of auditor.— (1) Within thirty days after the audit and
examination have been completed the auditor shall report to the committee of
the gurdwara upon the accounts audited and examined and shall forward a copy of
his report to the Board and in the case of the accounts of the committees,
described in sub-section (2) and sub-section (4) of section 85 shall forward a
copy to the [222][222][Provincial Government] also.
(2) The report of the auditor shall, among other
matters specify all items of expenditure which in his opinion are illegal,
irregular or improper, all cases of failure to recover money or property due to
the gurdwara, all instances of loss or wasteful expenditure of money or
property due to negligence or misconduct and all instances in which any money
or property has been devoted to any purpose not authorised by this Act.
[223][223][(3)] The
auditor’s report upon the account of a gurdwara shall be open to inspection by
any Sikh, provided that reasonable notice of intention to inspect is given by
such Sikh to the committee.
[224][224][(4)] The
expenses incurred in the audit and examination of the accounts of a gurdwara
shall be paid out of the income of the gurdwara.
123. Budget of committees.— (1) Every committee shall submit each year
to the Board at such time as may be prescribed an estimate of the income and
expenditure for the ensuing financial year of the gurdwara or gurdwaras under
its management.
(2) The Board shall scrutinise every estimate
submitted in accordance with the provisions of sub-section (1), and if it finds
that the estimate provides for expenditure not authorised by this Act, the
Board shall direct the committee to modify or alter the estimate within a reasonable
time in such manner as the Board may deem necessary, and if the committee does
not within the time stated comply with the direction, the Board shall apply to
the Commission to pass an order calling upon the committee to make such
modification or alteration, and the Commission may, after making such enquiry
as may in its opinion be necessary, pass any order that it considers just and
proper.
(3) If the Board finds
that an estimate submitted to it is not in accordance with a scheme of
administration settled under the provisions of this Act for the gurdwara to
which the estimate relates, the Board may direct the committee to modify or
alter the estimate within a reasonable time in such manner as the Board may
deem necessary, and if the committee does not within the time stated comply
with the direction, the Board may apply to the Commission to pass an order
calling upon the committee to make such modification or alteration and the
Commission may after making such enquiry as may in its opinion be necessary
pass any order that it considers just and proper.
(4) Nothing in this section shall apply to the
committee constituted under the provisions [225][225][* * *] of section 85.
124. Recovery of contributions.— (1) The contributions payable under the
provisions of section 107 shall be paid by the committee of gurdwara after such
notice and in such manner as may be prescribed.
(2) If a committee fails
after due notice to pay any sum payable by it under the provisions of
sub-section (1) the Commission shall on application being made to it by the
Board in this behalf call upon the committee to show cause why it should not be
ordered to pay such sum, and may
after hearing such member of the committee as may be deputed by the committee
for this purpose, pass an order directing the committee to pay the sum found
payable either in a lump sum or by installments as it deems fit.
CHAPTER X
POWERS AND DUTIES OF THE BOARD
125. Powers and duties of the Board generally.— It shall be the duty of the Board to ensure
that every committee deals with the property and income of the gurdwara or
gurdwaras managed by it in accordance with the provisions of this Act and for
the fulfillment of this duty and subject to the provision of and in addition to
the powers conferred upon the Board by this Act, the [226][226][control, direction and] general
superintendence over all committees appointed under the provisions of this Act
shall vest in the Board.
126. Restriction of powers of the Board.— The Board shall not in any manner interfere
with or have any control over or connection with any place of public worship in
the Punjab otherwise than as provided in this Act.
127. Board may hold and administer Trusts.— It shall be competent for the Board to hold
and administer Trust funds for purposes of a religious, charitable, [227][227][educational
or industrial nature], whether such funds are derived from allotments duly made
by a committee out of the surplus funds or income of a gurdwara under its
management or from donations, or contributions or endowments made direct to the
Board for such purposes.
128. Control by Board over executive committee.— The Board in general meeting may at any time
call upon its executive committee to report upon any matter within the
jurisdiction of the Board and may require the executive committee to take any
such action as lies under the provisions of this Act within the powers of the
Board.
129. What matters may be discussed by Board in
general meeting.— The Board
in any meeting may consider and discuss any matter with which it has power
under this Act to deal and any matter directly connected with the Sikh religion
but shall not consider or discuss or pass any resolution or order upon any
other matter.
130. Settling of
schemes of administration.— (1) When at any time the committee or the Board is of
opinion that for the proper administration of the property, endowments, funds
and income of a Notified Sikh Gurdwara a scheme should be settled, the Board
and the committees shall consult together and if they agree upon a scheme, shall
be described in writing and the committee shall give effect thereto.
(2) If at such
consultation the committee and the Board do not agree upon a scheme, the
Committee or the Board may apply to the Commission, and the Commission, after
hearing such members of the committee and of the Board respectively, as may be
deputed for this purpose by the committee and the Board respectively, and any
such other persons as it may consider proper
to hear, may itself settle such scheme as it considers just and proper and
pass order giving effect thereto.
(3) When at any time the committee and the Board,
after consultation together, are of opinion that a scheme settled under the
provisions of sub-section (1) or sub-section (2) should, in the interest of the
proper administration of the property, endowments, funds and income of the
gurdwara, be set aside or modified and the committee and the Board are in
agreement in respect of the matter, the decision of the Board and the committee
shall be recorded and effect thereto given by the committee.
(4) If the committee or
the Board is of opinion that in the interest of the proper administration of
the property, endowments, funds or income of a Notified Sikh Gurdwara a scheme
settled under the provisions of sub-section (1) or sub-section (2) should be
set aside or modified, and the Board and the committee are not in agreement
upon the matter, the committee or Board may apply to the Commission to have the
scheme set aside or modified, as desired, and the Commission, after hearing such
members of the committee and of the Board respectively as may be deputed, for
this purpose by the committee and the Board respectively and any such other
persons as it may consider proper to hear, may itself set aside or settle such
scheme as it considers just and proper and pass and an order giving effect
thereto.
131. Exclusion of Board acting as committee from
operation of section 130.—
Nothing contained in section 130 shall apply to the committee constituted under
the provisions [228][228][* * *] of section 85.
132. Power of
Board to make bye-laws.— (1) The Board may in general meeting make bye-laws, not
inconsistent with this Act, regulating its procedure, and the fees to be levied
under the provisions of sub-section (8) of section 137, provided that the Board
shall not, without the previous sanction of the [229][229][Provincial Government], make any bye-law,---
(a) prescribing
the form in which the budgets of the Board and of committee shall be presented;
(b) providing
for the custody and investment of the funds of the Board and prescribing the
procedure by which sanction of the Board may be accorded to the deposits of
surplus funds in specified banks;
(c) prescribing
the qualification of candidates for membership of the Board and committees;
and provided further that no bye-law falling
within the purview of clause (c)
shall impose any disqualification upon a Sikh only because he is a Sahjdhari Sikh.
(2) All bye-laws requiring the previous sanction
of the [230][230][Provincial Government] under the provisions
of sub-section (1) shall when made be published in the [231][231][Official Gazette].
CHAPTER XI
POWERS AND DUTIES OF COMMITTEES
133. General
powers of committees.— Subject to the provisions of this Act, a committee shall
have full powers of control over the office-holders and dependents of, and all
properties and income of whatever description belonging to, the gurdwara or
gurdwaras under its management and of enforcing the proper observance of all
ceremonies and religious observances in connection with such gurdwara or
gurdwaras and of taking all such measures as may be necessary to ensure the
proper management of the gurdwara or gurdwaras and the efficient administration
of the property, income and endowments thereof.
134. Powers of committee to dismiss office-holders.— The committee may suspend or dismiss any
office-holder, provided that it shall not dismiss a hereditary office-holder or
a minister unless it finds that such office-holder or minister,---
(a) makes
persistent default in the submission of budgets, accounts, reports or returns
which it is his duty to submit, or
(b) wilfully
disobeys lawful orders issued by the committee, or
(c) is
guilty of any malfeasance, misfeasance, breach of Trust or neglect of duty in
respect of a Trust, or
(d) has
misappropriated or improperly dealt with the properties of the gurdwara, or
(e) is
of unsound mind or physically unfit to discharge the functions of his office,
or
(f) is
guilty of misconduct of such a character as to render him morally unfit for his
office, or
(g) fails persistently to perform his duties in
connection with management or performance of public worship or the management
or performance of any rituals and ceremonies in accordance with the teachings
of Sri Guru Granth Sahib, or
(h) has
ceased to be a Sikh:---
[232][232][Provided that nothing contained in the
provisions of this section shall debar the committee from prescribing with the
approval of the Board the maximum period of service or age limit for its
employees, including the Ministers of the gurdwaras under its management. After
the prescribed period of service or age limit, the employees including the
ministers shall have to retire.]
135. Procedure when hereditary office-holder of
minister is dismissed.— (1)
Whenever the dismissal of hereditary office-holder or of a minister is ordered,
the order shall, except when it is based on facts or conclusions established at
a judicial trial or when such office-holder or minister is absconding, be
preceded by a recorded enquiry, and at such enquiry a definite charge in
writing shall be framed in respect of each offence and explained to such
office-holder or minister, the evidence in support of its and any evidence
which he may adduce in his defence shall be recorded in his presence and his
defence shall be taken down in writing, and on each of the charges framed a
finding shall be recorded.
(2) A committee may suspend a hereditary
office-holder or a minister pending an enquiry into the charge framed against
him.
(3) Any hereditary office-holder who has been
suspended or dismissed may, within
three months of the date of the order of suspension or dismissal, as the case
may be, appeal either to the Board or to the Commission as he may elect; if he
elects to appeal to the Board, the order of the Board shall be final, and if he
elects to appeal to the Commission, a further appeal shall lie to the High
Court from the order of the Commission, provided that such appeal shall be made
within ninety days of the date of the order.
(4) Any minister other than a hereditary office-holder
who has been suspended or dismissed,
may, within ninety days of the date of the order of suspension or dismissal, as
the case may be, appeal to the Board and the order of the Board shall be final.
(5) When no appeal is preferred against an order
of a committee suspending or dismissing a hereditary office-holder or a
minister, as the case may be, such order shall be final.
(6) If, in the opinion of the Board, a hereditary
office-holder or a minister of a Notified Sikh Gurdwara may be dismissed in
accordance with the provisions of section 134, the Board may move the committee
of such gurdwara to dismiss him, and if the committee does not within one month
of being so moved dismiss such office-holder or minister, the Board may apply
to the Commission to order his removal, and if the Commission finds that such
office-holder or minister may be so dismissed, it may order his dismissal.
(7) When an application has been made to the
Commission under the provisions of sub-section (6), the Commission may suspend
from office, pending its decision, the person against whom the application has
been made.
(8) Any hereditary office-holder dismissed under
the provisions of sub-section (6), may, within ninety days of the date of the
order of dismissal, appeal to the High Court.
(9) Notwithstanding anything contained in
sub-section (3) or sub-section (4), when the Board acting as a committee under
the provisions [233][233][* * *] of section 85 orders the suspension
or dismissal of a hereditary office-holder, an appeal from such order shall lie
only to the commission with a further appeal to the High Court as provided in
sub-section (3), and when the Board acting as such committee orders the
suspension or dismissal of a minister other
than the hereditary office-holder, the order of the Board shall be final;
and nothing contained in sub-section (6), (7), or (8) shall apply to the Board
acting as such committee.
136. Appointment of minister and office-holders.— (1) If after the commencement of this Act
any vacancy occurs in an office connected with a Notified Sikh Gurdwara,
whether by reason of the death, dismissal or resignation of the office-holder
or for any other reason the committee of the gurdwara may appoint any person
who, in its opinion is qualified for the office to fill the vacancy; provided
that if the last holder of the office was a hereditary office-holder who had
not before the vacancy occurred received compensation under the provisions of
section 20, and there is a presumptive successor of such last office-holder who
desires to be appointed and has not
received compensation under the provisions of section 20 the committee shall
appoint such presumptive successor unless, in its opinion, he has not been
properly ordained or his moral character is such as to render him unsuitable or
his education has not been sufficient to render him fit for appointment.
(2) If any presumptive successor claims to be appointed to fill a vacancy in accordance
with the provisions of sub-section (1) and the committee rejects his claim, he
may unless the committee is the Board acting as a committee under the
provisions [234][234][* * *] of section 85, within thirty days of
the date of such rejection, appeal to the Board and the decisions of the Board
shall be final.
137. Register to be kept for gurdwara.— (1) The Committee of every Notified Sikh
Gurdwara shall, as soon as may be, prepare registers in which shall be entered—
(a) the
name of past and present ministers of the gurdwara so far as these are known;
(b) particulars
of all immovable properties of the gurdwara and the documents, if any, relating
thereto;
(c) particulars
of the scheme of administration, if any;
(d) the
names of all offices connected with gurdwaras to which any salary, emoluments
or perquisite is attached and the nature, period and conditions of service in
each case;
(e) the
jewels, gold, silver, precious stones, vessels and utensils and other movable
property belonging to the gurdwara with their estimated value; and
(f) such
other particulars as the Board may direct.
(2) The register shall be submitted through the
committee to the Board within such period after the commencement of this Act as
the Board may direct.
(3) The Board, after checking them, may direct
that the registers be corrected in such manner as appears to be necessary.
(4) The registers as approved by the Board shall
be kept by the committee of the gurdwara to which they relate, and copies
thereof shall be kept by the Board.
(5) The committee shall cause the entries in the
registers to be scrutinised annually, and shall submit to the Board for its
approval a verified statement showing the alterations, omissions or additions
required therein.
(6) The Board may, after checking the statement
direct such alterations, omissions or additions to be made in the registers as
it finds to be necessary.
(7) A copy of every order passed under the
provisions of sub-section (3) or sub-section (6) shall be communicated to the
committee and the committee shall carry out the alterations, omissions or
additions ordered by the Board in the registers.
(8) The president of the Board or any servant
authorised by him on this behalf or the president of the committee may grant
copies of the registers or of any entries therein on payment of such fees as
the Board may by bye-law prescribe; such copies shall be certified by the
president of the Board or committee, as the case may be, in the manner provided
in section 76 of the [235][235]Indian
Evidence Act, 1872.
(9) Nothing contained in sub-section (2), (3),
(4), (6) or (7) or in sub-section (5) with the exception of the provision for
the annual scrutiny of entries in registers shall apply to the committee
constituted under the provisions [236][236][* * *] of section 85.
[237][237][138. Alienation of immovable Trust property.— No exchange, sale, mortgage or other
alienation of immovable property belonging to a Notified Sikh Gurdwara shall be
valid unless it is sanctioned by the committee of the Gurdwara and by the
Board, provided that the sanction of the Board shall not be necessary in the
case of lease of any such property for a term which does not exceed the
remaining term of the existing committee by a period of more than one year.]
139. Power of committee to make regulations.— A committee of a Notified Sikh Gurdwara may,
make regulations not inconsistent with the provisions of this Act or with any
rules or bye-laws made thereunder to re-regulate its procedure, provided that
without the previous sanction of the Board no regulation shall be made,---
(i) authorising by name or office any person to
receive or sign acknowledgements of the receipt of any money on behalf of the
committee, or
(ii) prescribing the form in which accounts,
returns and reports relating to the management of a gurdwara shall be
maintained or submitted.
140. Power of committee to make regulations re offerings at Sikh Gurdwaras.— (1) The committee of a Notified Sikh
gurdwara may, from time to time, make regulations for the purpose of
determining what portion of the offerings made at, or in connection with such
gurdwara shall be deemed to be the property of the gurdwara and regulating the
division of such offerings or any portion of them between the various
office-holders of such gurdwara.
(2) If no regulations have been made by a
committee under the provisions of sub-section (1), all offerings made at, or in
connection with, a Notified Sikh Gurdwara shall be deemed to be the property of
such gurdwara.
CHAPTER XII
MISCELLANEOUS
141. Salaries of office-holders to be their
property.— The salary and
allowances of a minister or other office-holder of a Notified Sikh gurdwara and
any property acquired by him out of his salary and allowances shall be the
property of such minister or office-holder.
[238][238][142. Right of interested persons to complain
to commission in respect of misfeasance, etc.— (1) Notwithstanding
anything contained in section 92 of the Code of Civil Procedure, 1908, or in
the Specific Relief Act, 1877, any person having interest in a Notified Sikh
Gurdwara may, without joining any of the other persons interested therein, make
an application to the Commission, against the Board, the Executive Committee of
the Board, or the committee, or local committee, or against any member or past
member of the Board, of the Executive Committee or of the Committee, or of the
local committee or against any office-holder or past office-holder of the
gurdwara or against any employee past or present of the Board or gurdwara in
respect of any alleged malfeasance, misfeasance, breach of trust, neglect of
duty, abuse of powers conferred by this Act or any alleged expenditure on a
purpose not authorised by this Act and the Commission, if finds any such
malfeasance, misfeasance, breach of trust, neglect of duty, abuse of powers or
expenditure proved, may consistently with the provisions of this Act and of any
other law or enactment in force for the time being, direct any specific act to
be done or forborne for the purpose of remedying the same and may award damages
or costs against the person responsible for the same, and may order the removal
of any office-holder or member of the Board, Executive Committee or Committee
or local Committee responsible for the same and may also disqualify any member
of the Board, Executive Committee, or Committee or local Committee thus removed
from such membership for a period not exceeding five years from the date of
such removal.
(2) The Board may make a similar application to
the Commission which may, in like manner, dispose of it.
(3) The Board or any person aggrieved by an order
passed by the commission under the provisions of sub-section (1) or sub-section
(2) may, within ninety days of the orders, appeal to the High Court.]
143. Notice of
application to be given.— No application shall be made under the provisions of
section 142 against the Board or a committee until the expiry of two months,
after notice in writing has been delivered to the Board or to the committee, as
the case may be, stating the cause of action, the name, description and place
of residence of the applicant and the relief which he claims, and the
application shall contain a statement that such notice has been delivered.
144. Government not to interfere with gurdwaras
except as provided by this Act or any other Act.— Save as provided in this or any other Act,
it shall not be lawful for the [239][239][Provincial Government] or for any executive
officer of the [240][240][Provincial Government] in his official
capacity to undertake or assume the superintendence of any land or other
property granted for the support of, or otherwise belonging to, any Notified
Sikh gurdwara, to take any part in the management or appropriation of any
endowment made for its maintenance, or to nominate or appoint any
office-holder, of, or to be concerned in any way with such gurdwara.
145. Act of
Board or committee not to be invalidated by informality.— No act of the Board,
or its executive committee or of a committee shall be held invalid in any
judicial proceeding on the ground of any defect in the constitution of the
Board, executive committee or committee, as the case may be, or on account of
any irregularity the procedure of the
Board, executive committee or committee, as the case may be, unless the defect
or irregularity has occasioned a failure of justice.
146. Power of Provincial Government to make
rules.— (1) The [241][241][Provincial Government] may make [242][242]rules not inconsistent with the Act to carry
out all or any of the purposes of the Act.
(2) In particular, and without prejudice to the
generality of the foregoing power, the [243][243][Provincial Government] may make rules for,---
(i) the registration of electors;
(ii) the nomination of candidates, the times of
elections to be held under the provisions of this Act, the mode of recording
and counting votes and the declaration of the results of such elections;
(iii) the conduct of enquiries and the decision of
disputes relative to elections;
(iv) the definition of the practices at elections
held under the provisions of this Act which are to be deemed to be corrupt;
(v) the investigation of allegations of corrupt
practices at such elections;
(vi) making void the election of any person proved
to have been guilty of a corrupt practice or to have connive at or abetted the
commission of a corrupt practice or whose agent has been so proved guilty, or
the result of whose election has been materially affected by the breach of any
law or rule for the time being in force;
(vii) rendering incapable of office, either
permanently or for a term of years, any person who may have been proved guilty
as aforesaid of a corrupt practice or of conniving at or abetting the same;
(viii) prescribing the authority by which questions
relating to the matters referred to in clause (i), (ii), (iii), (v), (vi) or
(vii) shall be determined;
(ix) the method by which the income of a gurdwara
shall be calculated for the purpose of fixing the annual contribution described
in section 107; and
(x) the authority to whom and the manner in which
petitions, applications and records of suits or proceedings which may or should
under the provisions of this Act be presented, made or forwarded, as the case
may be, to a tribunal or to the Commission, as the case may be, are to be
presented, made or forwarded when a tribunal or the Commission has not been
constituted or is not sitting.
147. Power of the
Provincial Government to invest with judicial powers officers appointed to
enquire into conduct of elections.— The [244][244][Provincial Government] may invest any person or
persons authorised by it to hold an enquiry into the conduct of, or into
allegations of corrupt practices at, an election held under the provisions of
this Act, with all or any of the powers conferred upon commissioners appointed
to hold an enquiry into an election by the provisions of Part II of the [245][245]Indian election Offences and Inquiries Act, 1920,
and may prescribe the procedure to be followed and provide for the execution of
any order as to costs passed by such person or persons in such enquiry.
148. Language of the Commission.— The language of the Commission shall be such
as the Commission may from time to time determine.
SCHEDULES
(As amended by Punjab Acts IV of 1926, XIII
of 1926 and I of 1927)
Schedule I
[See sections 3 and 90]
|
Sl. No. |
District |
Tahsil |
Revenue Estate |
Name of Gurdwara |
Constituencies for Election of Committee of Management |
|
1 |
|
|
|
Janam Asthan Guru Ram Das Ji |
As prescribed in section 85. |
|
2 |
|
|
|
Dera Sahib |
As prescribed in section 85. |
|
3 |
|
|
|
Baoli Sahib |
As prescribed in section 85. |
|
4 |
|
|
|
Lal Khuhi |
As prescribed in section 85. |
|
5 |
|
|
|
Pahli Padshahi |
As prescribed in section 85. |
|
6 |
|
|
|
Chhevin Padshahi |
As prescribed in section 85. |
|
7 |
|
|
|
Shahid Ganj Bhai Taru Singh |
As prescribed in section 85. |
|
8 |
|
|
|
Shahid Ganj Bhai Mani Singh |
As prescribed in section 85. |
|
9 |
|
|
|
Diwan Khana (excluding shrine of Lali Devi). |
As prescribed in section 85. |
|
10 |
|
|
|
Budhuda Awa |
As prescribed in section 85. |
|
11 |
|
|
Mozang |
Chhevin Padshahi |
As prescribed in section 85. |
|
12 |
|
|
Hudiara |
Hudiara (Gurdwara Chhevin Padshahi) |
Zail Jahman. |
|
13 |
|
|
Padhana |
Padhana (Gurdwara Chhevin Padshahi) |
Revenue Estate of Padhana. |
|
14 |
|
|
Dhilwan |
Dhilwan (Gurdwara Chhevin Padshahi) |
Revenue Estate of Dhilwan. |
|
15 |
|
|
Ghawindi |
Ghawindi |
Revenue Estates of Ghawind and Ghawindi. |
|
16 |
|
|
Kamas |
Kamas |
Zails of Rangilpur, Jodhdhir and Badoke. |
|
17 |
|
|
Dera Chahil |
Chahil (Gurdwara Paihli
Padshahi) |
Revenue Estates of Dera Dhahil and kurbath. |
|
18 |
|
Chunian |
Kanganpur |
Kanganpur (Gurdwara Paihli Padshahi) |
Revenue Estate of Kanganpur. |
|
19 |
|
|
Manga |
Manga (Gurdwara Paihli
Padshahi) |
Zails of Rangilpur, Jodhdhir and Badoke. |
|
20 |
|
|
Guru Mangat Kohna |
Guru Mangat (Gurdwara Chhevin Padshahi). |
Revenue Estates of Guru Mangat Kohna, Ichchra and |
|
21 |
|
|
Amar Sidhu |
Amar Sidhu (Gurdwara Chhevin Padshahi). |
Revenue Estate of Amar Sidhu. |
|
22 |
|
|
Kahna |
Kahna |
Zail of Kahna. |
|
23 |
|
Kasur |
Pattoki |
Gurdwara Baba Bir Singh |
Revenue Estates of Pattoki, Gujjal, Asal, Uttar
and Waltoha. |
|
24 |
|
Chunian |
Jambar Kalan |
Gurdwara Panjam Padshahi |
Revenue Estates of Jambar Kalan, Jambhar Khurd and
Khanki Maur. |
|
25 |
|
Chunian |
Mianke Maur |
Bhaipheru (Gurdwara Sangat Sahib) |
Tahsil of Chunian. |
|
26 |
|
|
|
Sri Harmandir Sahib (Darbar Sahib) |
As prescribed in section 85. |
|
27 |
|
|
|
Akal Takht Sahib (Akal
Bunga) |
As prescribed in section 85. |
|
28 |
|
|
|
Baba Atal Sahib |
As prescribed in section 85. |
|
29 |
|
|
|
Kaulsar and Mai Kaulan da
Asthan |
As prescribed in section 85. |
|
30 |
|
|
|
Ram Sar (Manji Sahib) |
As prescribed in section 85. |
|
31 |
|
|
|
Bibeksar |
As prescribed in section 85. |
|
32 |
|
|
|
Tahli Sahib with Santokh
Sar |
As prescribed in section 85. |
|
33 |
|
|
|
Churasti Atari |
As prescribed in section 85. |
|
34 |
|
|
|
Guru ke Maihl |
As prescribed in section 85. |
|
35 |
|
|
|
Lohgarh |
As prescribed in section 85. |
|
36 |
|
|
|
Thara Sahib |
As prescribed in section 85. |
|
37 |
|
|
|
Pipli Sahib |
As prescribed in section 85. |
|
38 |
|
|
|
Chhawani Nahangan (Angitha Guru Naina Singh). |
As prescribed in section 85. |
|
39 |
|
|
|
Shahid Ganj Baba Dip Singh
Ji |
As prescribed in section 85. |
|
40 |
|
|
Chabba |
Sangrana Sahib |
Revenue Estate of Chabba. |
|
41 |
|
|
Chabba |
Walla Sahib |
Zail of Verka (excluding |
|
42 |
|
|
Baba Bakala |
Baba Bakala |
The police station area of |
|
43 |
|
|
Chabba |
Chabba |
Revenue Estate of Chabba. |
|
44 |
|
|
Wadali Guru |
Damdama Sahib |
Zail of Chabba. |
|
45 |
|
|
Wadali Guru |
Chheharta Sahib |
Zail of Chabba. |
|
46 |
|
|
Mian Randhawa |
Udoke |
Revenue Estate of Udoke and mian Randhawa. |
|
47 |
|
|
Sultanwind |
Damdama Sahib |
Revenue Estate of Sultanwind. |
|
48 |
|
|
Verka |
Nanak Sar |
Revenue Estate of Verka. |
|
49 |
|
|
Khara |
Dukh Niwaran |
Revenue Estates of Thathi and Khara. |
|
50 |
|
|
|
Sri Darbar Sahib |
As prescribed in section 85. |
|
51 |
|
|
Naurangabad |
Gurdwara Baba Wir Singh Ji |
Zail of Rasulpur. |
|
52 |
|
|
Khadar Sahib |
Sri Darbar Sahib Khadur
Sahib |
Revenue Estate of Khadur Sahib. |
|
53 |
|
|
Goindwal |
Baoli Sahib |
Revenue Estate of Goindwal. |
|
54 |
|
|
Chabhal Kalan |
Bibi Wiro Jida Asthan |
Revenue Estate of Chabhal Kalan. |
|
55 |
|
|
Khan Chhabri |
Chhabri Sahib |
Revenue Estates of Khan Chhabri, Jama Rai and
Fatehabad. |
|
56 |
|
|
Sarhali Kalan |
Chobacha Sahib |
Revenue Estate of Sarhali Kalan. |
|
57 |
|
|
Chohla |
Chohal Sahib |
Police Station area of Sarhali. |
|
58 |
|
|
Basarke |
Basarke |
Zail of Kael. |
|
59 |
|
|
Gaggo Buha |
Gaggo Buha |
Revenue Estate of Gaggo Buha. |
|
60 |
|
|
Hoshiarnagar |
Guru Sar Satlani |
Zails of Chicha, Gumtala, Attari, Chabba and
Kasel. |
|
61 |
|
|
Thatha |
Bir Sahib |
Zails of Panjwar. |
|
62 |
|
|
Lohar |
Dera Sahib |
Revenue Estate of Lohar and Jamrai. |
|
63 |
|
Ajnala |
Ghokewali |
Guru-ka-Bagh |
Tahsil Ajnala. |
|
64 |
|
Ajnala |
Dalla |
Dalla-Kiralgarh |
Zail of Chawinda. |
|
65 |
|
Ajnala |
Barar |
Barar Madoke |
Revenue Estate of Madhoke and Bara. |
|
66 |
|
Ajnala |
Ram Das |
Ram Das |
Police Station areas of Ram Das and Ajnala. |
|
67 |
|
Ajnala |
Jandiala |
Maihl Jandiala |
Revenue Estates of Kando Wali, Sakhtomangal,
Pathan-nangal and Chetanpura. |
|
68 |
Gurdaspur |
Batala |
Batala |
Dera Sahib |
Zail of batala. |
|
69 |
Gurdaspur |
Batala |
Salho Chahal |
Achal Sahib Gurdwara (excluding Shiwala Talab
Kalan and Shiwala Bhandarian). |
Revenue Estates of Salho Chahal, Chahal Batala and
Misarpur. |
|
70 |
Gurdaspur |
Batala |
Pakhoke
Dera Nanak. |
Darbar Sahib, Dera Baba
Nanak |
Tehsil of Batala. |
|
71 |
Gurdaspur |
Batala |
Talwara |
Damdama Sahib |
Police Station area of Srigobindpur. |
|
72 |
Gurdaspur |
Batala |
Pakhoke
Dera Nanak. |
Chola Sahib (including Langar Mandar Chola Sahib) |
Zail of Singhpura. |
|
73 |
Gurdaspur |
Batala |
Teja Kalan |
Teja |
Tahsil of Batala. |
|
74 |
Gurdaspur |
Batala |
Othian |
Othian |
Zails of Bhular, Dholpur and Marar. |
|
75 |
Gurdaspur |
Gurdaspur |
Fateh Nangal |
Burj Sahib |
Revenue Estates of Fatch Nangal, Rania and
Dhariwal (Mills). |
|
76 |
Gurdaspur |
Gurdaspur |
Gurdaspur |
Jhulna Mahal |
Revenue Estates of Gurdaspur, Shahzada Nangal and
Kotli Nangal. |
|
77 |
Gurdaspur |
Gurdaspur |
Dhariwal |
Gurdwara Dhariwal |
Revenue Estates of Gurdas Nangal, Japurwal, Sohal
and Dhariwal. |
|
78 |
Gurdaspur |
Gurdaspur |
Bhumbli |
Bhumbli |
Revenue Estates of Bhumbli, Alawalpur and Babri
Nangal. |
|
79 |
Gurdaspur |
Shakargarh |
Kot Naina |
Darbar Kot Naina |
Zails of Sujawal and Kot Bachna. |
|
80 |
Gurdaspur |
Shakargarh |
Dopa |
Kartarpur Sahib |
Tahsils of Batala, Gurdaspur, Shakargarh and
Narowal. |
|
81 |
Gurdaspur. |
Pathankot |
Bharat Lahri |
Darbar Sahib Bharat |
Tahsil of Pathankot. |
|
82 |
|
|
|
Babe-de-Ber |
Tahsil of |
|
83 |
|
|
|
Shahid Bunga |
Tahsil of |
|
84 |
|
|
|
Baoli Sahib |
Tahsil of |
|
85 |
|
|
Salehpura |
Tashil Sahib (Guru Sar) |
Tahsil of |
|
86 |
|
Daska |
Sahowala |
Gurdwara Nanaksar |
Revenue Estate of Sahowwala. |
|
87 |
|
Daska |
Galiotan Khurd |
Darbar Sahib Guru Har Rai
Sahib |
Revenue Estate of Galotian Khurd and Sabho Sarai. |
|
88 |
|
Daska |
Sihoke |
Gurdwara Nankana Sahib |
Revenue Estate of Sihoke. |
|
89 |
|
Narowal |
Naunar |
Nunar |
Zails of Dhamthal and Baiolpur. |
|
90 |
|
|
Eminabad |
Rohri Sahib |
Tahsil of |
|
91 |
|
|
Eminabad |
Chakki Sahib (Dharmsala Sangaiwali alias Kundewali.) |
Tahsil of |
|
92 |
|
|
Chak Ram Das |
Dera baba |
Revenue Estate of Chak Ram Das. |
|
93 |
|
|
Mattu
Bhaike |
Gurdwara Mattu bhaike (Gurdwara Chhevin Padshahi). |
Police Station area of Naushera Virkan. |
|
94 |
|
Wazirabad |
Wazirabad |
Guru Kotha |
Police Station areas of Sadar Wazirabad and City
Wazirabad. |
|
95 |
|
Wazirabad |
Wazirabad |
Dharmsala Bhai Abnasha
Singh |
Tahsil of Wazirabad. |
|
96 |
|
Hafizabad |
Bache Nau |
Bache Nau |
Tahsil of Hafizabad. |
|
97 |
|
Hafizabad |
Hafizabad |
Chhevin Padshahi |
Tahsil of Hafizabad. |
|
98 |
Sheikhupura |
Sheikhupura |
Chuhar Kana |
Sacha Sauda (or Khara
Sauda) |
Tahsils of Sheikhupura and
Nankana Sahib. |
|
99 |
Sheikhupura |
Shahdara |
Nangal Sadhan |
Nangal Sadhan |
Zails of Kot Pindi Das,
Moridke and Nat. |
|
100 |
Sheikhupura |
Nankana Sahib |
Nankana Sahib |
Janam Asthan |
As prescribed in section 85. |
|
101 |
Sheikhupura |
Nankana Sahib |
Nankana Sahib |
Gurdwara Bal Lila |
As prescribed in section 85. |
|
102 |
Sheikhupura |
Nankana Sahib |
Nankana Sahib |
Kaira Sahib |
As prescribed in section 85. |
|
103 |
Sheikhupura |
Nankana Sahib |
Nankana Sahib |
Mal Ji Sahib |
As prescribed in section 85. |
|
104 |
Sheikhupura |
Nankana Sahib |
Nankana Sahib |
Chhevin Padshahi |
As prescribed in section 85. |
|
105 |
Sheikhupura |
Nankana Sahib |
Nankana Sahib |
Tambu Sahib |
As prescribed in section 85. |
|
106 |
Sheikhupura |
Nankana Sahib |
Haft Madar |
Gurdwara Haft Madar |
Zail of Kila Dharm Singh. |
|
107 |
Gujrat |
Gujrat |
Gujrat |
Chhevin Padshahi |
Tahsil of Gujrat. |
|
108 |
Gujrat |
Phalia |
Mangat |
Bhai Bano Ji |
Tahsil of Phalia. |
|
109 |
Gujrat |
Phalia |
Ker Bawa |
Ker Bawawali |
Tahsil of phalia. |
|
110 |
Attock |
Attock |
Hassan Abdal |
Panjah Sahib |
As prescribed in section 85. |
|
111 |
|
|
Rakh Rohtas |
Choha Sahib |
Tahsil of |
|
112 |
Shahpur |
|
Mansehra
Chak 127-SB. |
Guru Sar |
Revenue Estates of Mansehra, Chak 127, S.B., Chak
128, Chak 131, Chak 129, S.B. |
|
113 |
[246][246] |
[247][247] |
Chak 103, 7-R |
Nank Sar (or Dera Baba Nanak) |
Police Station area of |
|
114 |
[248][248] |
[249][249] |
Kamalia |
Prem Sati |
Police Station areas of Kamalia and Kassowal. |
|
115 |
[250][250] |
Pakpattan |
Nanksar |
Nankana Sahib |
Zails of Pakpattan, Kumariwala and Malekataru. |
|
116 |
[251][251] |
Dipalpur |
Dipalpur |
Gurdwara Pahli Padshahi |
Zails of Dipalpur and Mancheria. |
|
117 |
[252][252] |
Okara |
Nankana Jagir |
Nankana Sahib |
Zails of Kamman and Mopalke. |
|
118 |
Hoshiarpur |
Una |
Anandpur |
Sri Takht Kesgarh Sahib |
As Prescribed in section 85. |
|
119 |
Hoshiarpur |
Una |
Anandpur |
Taragrah |
The same as prescribed for No120. |
|
120 |
Hoshiarpur |
Una |
Anandpur |
Navin Padshahi Guru Tegh Bahadur |
As prescribed in section 85. |
|
121 |
Hoshiarpur |
Una |
Anandpur |
Bohra Sahib |
As prescribed in section 85. |
|
122 |
Hoshiarpur |
Una |
Anandpur |
Damdama Sahib |
As prescribed in section 85. |
|
123 |
Hoshiarpur |
Una |
Lodhipur |
Qila Anandgarh Sahib |
As prescribed in section 85. |
|
124 |
Hoshiarpur |
Una |
Bhatoli |
Charan Kanwal |
As prescribed in section 85. |
|
125 |
Hoshiarpur |
Una |
Lodhipur |
Lohgarh |
The same as prescribed for No.120. |