1925: Pb. Act VIII.] SIKH GURDWARAS THE SIKH GURDWARAS ACT, 1925 ARRANGEMENT OF SECTIONS.
PART 1.
CHAPTER I PRELIMINARY SECTIONS.
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II PETITIONS TO STATE GOVERNMENT RELATING TO GURDWARAS
3. List of property of scheduled gurdwara to be forwarded to the State Government : declaration of scheduled gurdwaras and publication of lists forwarded under subsection (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 subsection (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 petition under sub-section (1).
7. Petition to have a gurdwara declared a Sikh Gurdwara; list of property claimed for the gurdwara and of person in possession thereof to accompany a petition under subsection (1): publication of petition and list received under sub-section (1) and (2): notice of claims to property to be sent to persons shown in the lists 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). ii SIKH GURDWARAS 1925: Pb. Act VIII SECTIONS.
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 hereditary office-holder of a gurdwara notified under section 7 or his presumptive successor: signing and verification of petitions under subsection (1).
CHAPTER III APPOINTMENT OF, AND PROCEDINGS 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 decree for possession in favour of the Committees of Gurdwaras.
26. Entry of rights of gurdwara in revenue records. iii SIKH GURDWARAS 1925: Pb. Act VIII SECTIONS.
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. Decisions by courts on certain claims in certain circumstances.
31. Courts not to continue certain proceedings pending decision as to whether a 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 order of a tribunal.
35. Court-fees.
36. No court to take cognizance of manner, in which the State Government or tribunal exercises its powers 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 PROVISION OF PART III TO GURDWARAS FOUND TO BE SIKH GURDWARAS BY COURTS OTHERS 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. iv SIKH GURDWARAS [1925: Pb. Act VIII
CHAPTER VI THE BOARD SECTIONS.
42. Name of Board.
43. Composition and constitution of the Board. 43-A Constitution of New 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. Power 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 or of Board.
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. v 1925: Pb. Act VIII.] SIKH GURDWARAS SECTIONS.
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 [Omitted].
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 of nomination to a committee.
92. Qualifications of electors.
93. Right to vote.
94. Period of continuance of committees. 94-A Incorporation of committees. vi 1925: Pb. Act VIII.] SIKH GURDWARAS SECTIONS.
95. Effect of subsequent disability to serve as member of a committee.
96. Vacancies in committees other than those specified in section 85.
97. [Omitted]
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. 104-A. Servants of the Committee, their appointment and punishment.
105. Exclusion of Board acting as committee from operation of this chapter.
CHAPTER XI FINANCES
106. Objects on which the funds of gurdwara may be spent. 106-A. Utilization of surplus income.
107. Annual contribution to Board.
108. Formation of General Board Fund. 108-A. Research fund. 108-B. Religious fund. 108-C. Research and religious fund to be governed by the Act.
109. Funds transferred to Board by Shiromani 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. vii 1925: Pb. Act VIII.] SIKH GURDWARAS SECTIONS.
113. Trust funds to be deposited in bank.
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. [Omitted]
127. Board may hold and administer trusts. 127-A Collection of dues payable to notified Sikh Gurdwaras left in Pakistan. 127-B. Mode of spending money belonging to notified Sikh Gurdwaras left in Pakistan.
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 a committee from operation of section 130.
132. Power of Board to make bye-laws. viii SIKH GURDWARAS [1925: Pb. Act VIII.
CHAPTER XI POWERS AND DUTIES OF COMMITTEES SECTIONS.
133. General power of committees.
134. Powers of committees to dismiss office-holders.
135. Procedure when hereditary office-holder or minister is dismissed.
136. Appointment of minister and office-holder.
137. Registers to be kept for Gurdwaras.
138. Alienation of immovable trust property.
139. Power of committee to make regulations.
140. Power of committee to make regulations re offering at Sikh Gurdwara.
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. 144-A. Power to denotify or exempt non-historical gurdwaras.
145. Act of Board or Committee not to be invalidated by informality.
146. Power of State Government to make rules.
147. Power of the State Government to invest with judicial powers officers appointed to enquire into conduct of elections.
148. Language of the Commission. 148-A Repeal. ix 1925: Pb. Act VIII.] SIKH GURDWARAS.
CHAPTER XII-A TEMPORARY AND TRANSITIONAL PROVISIONS SECTIONS. 148-B. Additional members of the Board constituted under section 43 and Executive Committee constituted under section 62. 148-C Provisions relating to the existing local committees functioning under the Interim Gurdwara Board, Patiala. 148-D Provisions as to employees of the Interim Gurdwara Board, Patiala, and local committees functioning under it. 148-E Special provisions regarding the assets and liabilities of Interim Gurdwara Board, Patiala. 148-F Power to remove difficulties.
CHAPTER XIII ELECTORAL OFFENCES
149. Prohibition of public meetings on the Election day.
150. Disturbances at election meetings.
151. Maintenance of secrecy of voting.
152. Officer, etc., at elections not to act for candidates or to influence voting.
153. Prohibition of canvassing in or near polling stations.
154. Penalty for disorderly conduct in or near polling stations.
155. Penalty for misconduct at the polling station.
156. Penalty for illegal hiring or procuring of conveyances at elections.
157. Breaches of official duty in connection with elections. x
158. Removal of ballot-papers from polling station to be an offence.
159. Other offences and penalties therefor.
160. Prosecution regarding certain offences.
161. Amendment of Act V of 1898. SCHEDULES I. Sikh Gurdwaras. II. Institutions not subject to petition under section 7. III. Scale of court fees. 1 THE SIKH GURDWARAS ACT, 1925 PUNJAB ACT VIII OF 1925 [Received the assent of the Governor-General on the 28th July, 1925, and was first 2published in the Punjab Gazette of the 7th August, 1925.] ______________________________________________________________________________________________________________________ 1 2 3 4 _______________________________________________________________________________ Year No. Short title Whether repealed or otherwise affected by legislation _______________________________________________________________________________ 1925 VIII The Sikhs Gurdwaras Amended, Act XXIV of 1925 Act, 1925 Amended, Punjab Act IV of 19263. Amended, Punjab Act XIII of 19264. Amended, Punjab Act I of 1927 Amended, Punjab Act III of 19306. Amended, Punjab Act IV of 19327. Amended in part Government of India (Adaptation of Indian Laws) Order, 1937. Amended by Punjab Act VII of 19388. ________________________________________________________________________ 1 For Statement of Objects and Reasons, see Punjab Gazette, 1925, Extraordinary, dated 25th April, 1925; for the Report of the Select Committee, see Punjab Gazette, 1925, Extraordinary, dated 20th June, 1925, and for proceedings in Council, see Punjab Legislative Council Debates Volume VIII, pages 1102-21, 1155 and 1205-97. 2 See Punjab Gazette, 1925, Part I, pages 494-543. 3 For Statement of Objects and Reasons, see Punjab Gazette, 1926, Part V, page 8; for report of the Select Committee see Punjab Gazette, 1926, Part V, pages 36-61; and for proceedings in Council see Punjab Legislative Council Debates, Volume IX –A, pages 32-33, 705 and 861-75. 4 For Statement of Objects and Reasons, see Punjab Gazette, 1926, Extraordinary, page 67, for proceedings in Council, see Punjab Legislative Council Debates, Volume IX-B, page 1590. 5 For Statement of Objects and Reasons, see Punjab Gazette, 1927, Part I, Page 616, and for proceedings in Council, see Punjab Legislative Council Debates, Volume X, pages 802-03. 6 For Statement of Objects and Reasons, see Punjab Gazette, 1930, Part V, pages 11-12; for proceedings in Council see the Punjab Legislative Council Debates, Volume XVI pages 263-315. It came into force on the 1st November, 1930, - vide Punjab Government (Gurdwaras) notification No.2914, dated the 27th October, 1930 on page 1205, of Punjab Gazette, 1930, Part I 7 For Statement of Objects and Reasons, see Punjab Gazette, 1932. Extraordinary, page 79 and for proceedings in Council, see the Punjab Legislative Council Debates. Volume XXII, pages 411, 472-474. It came into force on 1st January, 1933, - vide Punjab Government notification No.2695-H. (G.-Gurdwaras), dated 19th December, 1932. 8 For Statement of Objects and Reasons, see Punjab Gazette, 1938, Part V, page 27; and for proceedings in Assembly see Punjab Legislative Assembly Debates, Volume VI, pages 223-24. 2 SIKH GURDWARAS [1925: Pb. Act VIII. ______________________________________________________________________________________________________________________ 1 2 3 4 _______________________________________________________________________________ Year No. Short title Whether repealed or otherwise affected by legislation _______________________________________________________________________________ 1925 VIII The Sikhs Gurdwaras Amended, by Punjab Act I Act, 1925-contd. of 19411. Amended by Punjab Act XI of 19442. Amended by Indian (Adaptation of existing Indian Laws) Order,
1947. Amended by East Punjab Act XLIV of 19483. Amended by Indian Independence (Adaptation of Bengal and Punjab Acts) Order
1948. (G.G.O.40). Amended by East Punjab Act XXXII of 19494. Amended by the Adaptation of Laws order, 1950. Amended by the Adaptation of Laws (Third Amendment) Order, 1951. Amended by Punjab Act XXVI of 19535. Amended by Punjab Act No. XXVII of 19536. Amended by Punjab Act No. XXV of 19537. _____________________________________________________________________________ 1 For Statement of Objects and Reasons, see Punjab Gazette, 1911, Extraordinary, page 1, and for proceedings in the Assembly see Punjab Legislative Assembly Debates, Volume XV, pages 87-88. 2 For Statement of Objects and Reasons, see Punjab Gazette, 1943, Extraordinary, page 82; for Select Committee, Report see Punjab Gazette, 1944, Extraordinary pages 493-513, and for proceedings in the Assembly see Punjab Legislative Assembly Debates, Volume XXII, pages 78, 80, 161, 813, 28 and Volume XXIII, pages 46, 307-23. 3 For Statement of Objects and Reasons, see Punjab Gazette, 1948, Extraordinary page 622, and for proceedings in the Assembly see East Punjab Legislative Assembly Debates. Volume III, 1948, pages 203-04 and pages 367-68. 4 For Statement of Objects and Reasons, see Punjab Gazette, 1948, Extraordinary, pages 1134-36, and for proceedings in the Assembly, see East Punjab Legislative Assembly Debates, volume IV, pages (8) 60-(8)61. 5 For Statement of Objects and Reasons, see Punjab Gazette Extraordinary, dated 14th April, 1953, pages 480-81, and for proceedings in the Assembly, see Punjab Legislative Assembly Debates, 1953. 6 For Statement of Objects and Reasons, see Punjab Government Gazette Extraordinary, dated 24th March, 1953, pages 366-67; for proceedings in the Assembly, see Punjab Legislative Assembly Debates, 1953. Volume I, pages (24) 79 to 24 (84). 7 For Statement of Objects and Reasons, see Punjab Gazette, Extraordinary, dated 24th March, 1953, page 370: for proceedings in Assembly see Punjab Legislative Assembly Debates, 1953, Volume I, pages (24) 72-(24) 78. This Act shall be deemed to have come into force on the 15th of August, 1947. 3 1925: Pb. Act VIII.] SIKH GURDWARAS. _____________________________________________________________________________________________________________________ 1 2 3 4 _______________________________________________________________________________ Year No. Short title Whether repealed or otherwise affected by legislation _______________________________________________________________________________ 1925 VIII The Sikhs Gurdwaras Amended by Punjab Act Act, 1925-contd. No. XLII of 19531. Amended by Punjab Act No. XLIV of 19532. Amended by Punjab Act No. LIII of 19533. Amended by Punjab Act No. V of 19544. Amended by Punjab Act No. XI of 19545. Amended by Punjab Act No. XXV of 19546. Amended by Punjab Act No. XXXVII of 19547. Amended by Punjab Act No. XXII of 19578. Amended by Punjab Act No. I of 19599. Amended by Punjab Act No. 10 of 195910. Amended by Punjab Act No. 10 of 196111 _______________________________________________________________________________________________________________________________________________________________ 1 For Statement of Objects and Reasons, see Punjab Government Gazette, Extraordinary, dated the 23rd February 1953; for proceedings in Assembly, see Punjab Legislative Assembly Debates, 1953. 2 For Statement of Objects and Reasons, see Punjab Government Gazette, Extraordinary, dated the 17th April 1953; page 564; for proceedings in Assembly, see Punjab Legislative Assembly Debates, 1953. 3 For Statement of Objects and Reasons, see Punjab Government Gazette, Extraordinary, dated the 10th September, 1953, page 1541 bb; for proceedings in Assembly, see Punjab Legislative Assembly Debates, 1953. 4 For Statement of Objects and Reasons, see Punjab Government Gazette, Extraordinary, dated the 26th February 1954; page 110: for proceedings in Assembly, see Punjab Legislative Assembly Debates, 1954. 5 For Statement of Objects and Reasons, see Punjab Government Gazette, Extraordinary, dated the 16th February 1954; page 76; for proceedings in Assembly, see Punjab Legislative Assembly Debates, 1954. 6 For Statement of Objects and Reasons, see Punjab Government Gazette, Extraordinary, dated the 1st November 1954; page 848; for proceedings in Assembly, see Punjab Legislative Assembly Debates, 1954. 7 For Statement of Objects and Reasons, see Punjab Government Gazette, Extraordinary, dated the 2nd November, 1954; page 858; for proceedings in Assembly, see Punjab Legislative Assembly Debates, 1954. 8 For Statement of Objects and Reasons, see Punjab Government Gazette, Extraordinary, dated the 22nd May, 1957, page 692; 1953; for proceedings in Assembly, see Punjab Legislative Assembly Debates, 1957. 9 For Statement of Objects and Reasons, see Punjab Government Gazette, Extraordinary, dated the 28th March 1958; page 725; for proceedings in Assembly, see Punjab Legislative Assembly Debates, 1959. 10 For Statement of Objects and Reasons, see Punjab Government Gazette, (Extraordinary), 1959; page 4684; for proceedings in Assembly, see Punjab Legislative Assembly Debates, 1959, Volume I, pages (29) 80-(29) 104. 11 For Statement of Objects and Reasons, see Punjab Government Gazette, (Extraordinary), 1960, page 1991; for proceedings in Assembly, see Punjab Legislative Assembly Debates, 1961, Volume I, pages (7) 1-(7) 5. This Act shall be deemed to have come into force on the 8th January, 1959. 4 SIKH GURDWARAS [1925: Pb. Act VIII. An Act to provide for the better administration of certain Sikh Gurdwaras and the inquiries into matter 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 Short title Extent 1. (1)This Act may be called the Sikh Gurdwaras Act, 1925. and commencement. 1[(2) It extends to the territories which, immediately before the 1st November, 1956, were comprised in the State of Punjab and Patiala and East Punjab States Union.]
(3) It shall come into force on such 2date as the [3[State] Government may by notification appoint in this behalf 4[and, in the extended territories, on the commencement of the Sikh Gurdwaras (Amendment) Act, 1959 (hereinafter) referred to as the Amending Act)].
(4) The Sikh Gurdwaras and Shrines, Act 1922, is VI, is here by repealed. Definitions.
2. In this Act, unless there is anything repugnant in the subject or context- Board.
(1) “Board” means the Board constituted under the provisions of Part III. ________________________________________________________________________________ 1 Substituted for the words “It extends to Punjab” by Punjab Act No.1 of 1959, section 2 (1). 2 This Act came into force on the 1st day of November, 1925, see notification No.4288-S, dated 12th October, 1925, in the Punjab Gazette, 1925, Part I, page 712. 3 Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. 4 Added by Punjab Act No.1 of 1959, section 2(2). 5 1925: Pb. Act VIII.] SIKH GURDWARAS. Commission. (2) “Commission” means the, Judicial Commission constituted under the provisions of Part III. Committee. (3) (i) “Committee” means a committee of management constituted under the provisions of Part III. 2 [ (ii) * * * * * * * * *]. 3 [ (3-A) ‘the extended territories means the territories, which immediately before the 1st November, 1956, were comprised in the State of Patiala and East Punjab States Union;] Office (4) (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 of performance of any rituals or ceremonies observed therein and “office-holder” means any person who holds an office. Present Office- (ii)“Present office-holder” means a person who, on the commencement holder. of this Act, 4 [or, in the case of extended territories, on the commencement of the Amending Act as the case may be,] holds an office. Present Office- (iii) “Past office-holder” means a person who has been an office-holder holder. but ceased to be an office-holder before the commencement of this Act 5 [or, in the case of the extended territories, before the commencement of the Amending Act as the case may be]. ________________________________________________________________________________
1. The old clause (3) renumbered as sub-clause (3) (i) by Punjab Act XI of 1944, Section 2 (a).
2. Omitted by Punjab Act No. LIII of 1953. 3 Inserted by Punjab Act No. I of 1959, section 3 (1).
4. Inserted by Punjab Act No. I of 1959, section 3 (2) (a).
5. Added by Punjab Act No. I of 1959, section 3 (2) (b). 6 SIKH GURDWARAS [1925: Pb. Act VIII. Hereditary office. (iv) “Hereditary office” means an office the succession to which before the first day of January, 1920, 1 [or, in the case of the extended territories, before the 1st day of November, 1956, as the case may be], 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. Present hereditary (v) “Present hereditary office-holder” means a person who on the office-holder commencement of this Act 2 [or, in the case of the extended territories, on the commencement of the Amending Act as the case may be,], is a hereditary office-holder. Past hereditary (vi) “Past hereditary office-holder” means a person who has been a hereditary office-holder . office-holder but ceased to be such office-holder before the commencement of this Act 3 [or, in the case of the extended territories, before the commencement of the Amending Act as the case may be.] Minister. (vii) “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: 4[Provided that an office-holder to whom either solely or alongwith others the performance of public worship in the Gurdwara and of the rituals and ceremonies observed therein is not entrusted directly shall not be deemed to be a Minister for the purpose of sections 134 and 135. ________________________________________________________________________________
1. Inserted by Punjab Act No. I of 1959, section 3 (2) (c).
2. Inserted by Punjab Act No. I of 1959, section 3 (2) (a).
3. Added by Punjab Act No. I of 1959, section 3 (2) (b)
4. Added by Punjab Act No. I of 1959, section 3 (2) (d). 7 1925: Pb. Act VIII.] SIKH GURDWARAS. Police Station (5) “Police Station area” means a local area specified by the area 1[State] Government under the provisions of clause (s) of sub-section (1) of section 4 of the Code of Criminal Procedure; 1898. Prescribed (6) “Prescribed” means prescribed 2[XXX] by rules made under this Act. Presumptive (7) “Presumptive successor” where the succession to the office devolves successor 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 3[or, in the case of the extended territories, before the 1st day of November, 1956, as the case may be.] Resident. (8) “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. Sikh 4 [(9) “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 lifetime. 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 ___________________________________________________________________________ 1 Substituted for the word “ Provincial” by the Adaptation of laws Order, 1950. 2 Omitted by Ministry of Home Affair’s notification No. S.O. S-13013/1/75-5Rdated the 3rd February,
1978. 3 Added by Punjab Act No.1 of 1959, section 3 (3). 4 Clause 9 was substituted by Punjab Act III of 1930, section 2. The amendment shall be applicable to all claims, petitions and suits in which the recording of evidence has not been concluded before the tribunal at the commencement of this Act,- vide Punjab Act III of 1930, section 11. 8 SIKH GURDWARAS [1925: Pb. Act VIII. in such manner as the 1[State] 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.] 2 [(10) “Amritdhari Sikh” means and includes every person who has taken Khandeka-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’;] 3 [(10-A) Sahjdhari Sikh’ means a person-
(i) who performs ceremonies according to Sikh Rites;
(ii) who does not use tobacco or Kutha (Halal meat) in any form;
(iii) who is not a Patit; and
(iv) who can recite Mul Manter.] 4 [(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 four kurahits]. Notified Sikh 5 [(12) “Notified Sikh Gurdwara” means any gurdwara declared by notification by the Gurdwara. 1[State] Government under the provisions of this Act to be a Sikh Gurdwara. Treasury 5 [(13) “Treasury” means a Government Treasury or sub-treasury and includes any bank to which the Government treasury business has been made over. ________________________________________________________________________________ 1 Substituted for the word “ Provincial” by the Adaptation of laws Order, 1950. 2Inserted by Punjab Act XI of 1944, section 2 (b). 3Inserted by Punjab Act No. I of 1959, section 3 (4). 4Inserted by Punjab Act No. XI of 1944, section 2 (b). 5The old clauses 10, 11 and 12, renumbered as 12, 13, and 14 by Punjab Act XI of 1944, Section 2 (b). 9 1925: Pb. Act VIII.] SIKH GURDWARAS. Tribunal 1(14) “Tribunal” means a tribunal constituted under the provisions of section 12.] 2 [(15) “Election” means an election to fill a seat or seats in the Board or Committee constituted under sections 43, 86 or 87.
(16) “Constituency” means a constituency for the election of a member or members of the Board or Committee. 3 [(17) “Commissioner, Gurdwara Elections” means the officer appointed by the Government of the State of Punjab, Haryana or Himachal Pradesh or the Administrator of the union Territory of Chandigarh, as the case may be, to perform the duties of the Commissioner, Gurdwara Elections in relation to the election of members of Committees constituted for the Notified Sikh Gurdwaras located within the State or the Union Territory. (17-A) “Chief Commissioner, Gurdwara Elections” means the officer appointed by the Central Government under section 47A.]
CHAPTER II. PETITIONS TO 4 [STATES] GOVERNMENT RELATING TO GURDWARAS List of Property 3. (1) Any Sikh or any present office-holder of a Gurdwara specified in schedule of scheduled Gurdwara I 5 [or, added thereto by the Amending Act, may forward to the State To be forwarded to the Government through the appropriate Secretary to Government so as to reach State Government. the Secretary within ninety ___________________________________________________________________________ 1 The old clauses 10, 11 and 12 renumbered as 12, 13 and 14 by Punjab Act XI of 1944, section 2 (b) 2 Inserted by Act No. XXV of 1954, section 2. 3 Substituted by Ministry of Home Affair’s notification No. S.O. S-1301/1/75-SR, dated the 3rd February, 1978.
4. Substituted for the words “ Provincial” by the Adaptation of laws Order, 1950.
5. Substituted for the words “ may forward to the State Government through the appropriate Secretary to Government, so as to reach the Secretary within ninety days from the commencement of this Act” by Punjab Act No. I of 1959, section 4 (1). 10 SIKH GURDWARAS [1925: Pb. Act VIII. days of the commencement of this Act, or, in the case of the extended territories, within one hundred and eight days of the commencement of the Amending Act, as the case may be], a list, signed and verified by himself, of all rights, titles or interests in immovable properties situated in Punjab inclusive of the gurdwara and in all monetary, endowments yielding recurring income or profit received in 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, of 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 in 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. 1 [Explanation, - For the purposes of this section and all other succeeding section; the expression “Punjab” shall mean the State of Punjab as formed by section 11 of the States Reorganization Act, 1956/] Declaration of (2) On receiving a list duly forwarded under the provisions of sub-section (1) the scheduled gurdwara 2[State] Government shall, as soon as may be, publish a notification declaring that the and publication of gurdwara to which it relates is a Sikh Gurdwara and, after the expiry of the period list forwarded under provided in sub-section (1) for forwarding lists shall, as soon as which all rights, titles sub-section (1) and interests in any such properties as are described in sub-section (1) which have in a consolidated been included in any list duly forwarded, shall be included, and shall also cause the list. 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 _______________________________________________________________________________ 1Added by Punjab Act No.1 of 1959, section 4 (2). 2 Substituted for the word “ Provincial” by the Adaptation of laws Order, 1950. 11 1925: Pb. Act VIII.] SIKH GURDWARAS. immovable properties mentioned in the consolidated list is situated and shall also give such other notice thereof as may be prescribed. Notices of claims to (3) The 1[State] Government shall also, as soon as may be; send by property entered registered post a notice of the claim to any right, title or interest included in the in the consolidated consolidated list to each of the persons named therein as being in possession of such list to be sent to right, title or interest either on his own behalf or on behalf of an insane person or persons shown as minor or on behalf of the gurdwara, provided that no such notice need be sent if the in possession. person named as being in possession as the person who forwarded the list in which the right, title or interest was claimed. Effect of publication (4) The publication of a declaration and of a consolidated list under the of declaration and provisions of sub-section (2) shall be conclusive proof that the provisions of subconsolidated list section (1), (2) and (3) with respect to such publication have been duly complied with under and that the gurdwara is a Sikh Gurdwara, and the provisions of Part III shall apply to sub-section (2). such gurdwara with effect from the dated of the publication of the notification declaring it to be a Sikh Gurdwara. Effect of Omission 4. If in respect of any gurdwara specified in schedule I no list has been to forward a list forwarded under the provisions of sub-section (1) of section 3, the 1[State] under section 3. Government shall, after the expiry of ninety days from the commencement of this Act, 2[or, in the case of the extended territories, after the expiry of one hundred and eighty days from the commencement of the Amending Act, as the case may be], declare by notification that such gurdwara shall be deemed to be excluded from specification in schedule I. Petitions of claim to 5. (1) Any person may forward to the 1[State] Government through the property included 3[appropriate Secretary to Government] so as to reach the Secretary within ninety days in a consolidated 4[or, in the case of the extended territories, within one hundred and eighty days] from list. the date of the ________________________________________________________________________________ 1 Substituted for the words “Provincial” by the Adaptation of Laws Order, 1950. 2 Inserted by Punjab Act No.1 of 1959, section 5. 3 Substituted for the words “Secretary to Government Transferred Departments,” by the Government of India (Adaptation of Indian Laws) Order, 1937. 4 Inserted by Punjab Act No.1 of 1959, section 6. 12 SIKH GURDWARAS [1925: Pb. Act VIII. 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. Signing and (2) A petition forwarded under the provisions of sub-section (1) shall be verification of signed and verified by the person forwarding it in the manner provided in the Code V of petitions under of Civil Procedure, 1908, for the signing and verification of plaints, and shall 1908 sub-section (1) specify the nature of the right, title or interest claimed and the grounds of the claim. Notification of (3) The 1[State] Government shall, as soon as may be, after the expiry of property not the period for making a claim under the provisions of sub-section (1) publish a claimed under notification specifying the rights, titles or interests in any properties in respect of sub-section (1) which no such claim has been made; and the publication of the notification shall be and effect of conclusive proof of the fact that no such claim was made in respect of any right, title such notification or interest specified in the notification. Claim for compensation 6. (1) Any past or present hereditary office-holder of a gurdwara in respect of by a hereditary which a notification has been published under the provisions of sub-section (2) of office-holder of section 3 declaring it to be a Sikh Gurdwara or a presumptive successor of such officea Notified Sikh holder may forward to the 1[State] Government through the 2[appropriate Secretary to Gurdwara or his Government] so as to reach the Secretary within ninety days from the date of the presumptive publication of such notification, a petition claiming to be awarded compensation on successor. the grounds that such office-holder has been unlawfully removed from his office after the first day of January, 1920, 3[or, in the case of the extended territories, after the 1st day of November, 1956, as the case may be] and before the date of the publication of the notification, and that such office-holder or his presumptive successor has ________________________________________________________________________________ 1 Substituted for the words “Provincial” by the Adaptation of Laws Order, 1950. 2 Substituted for the words “Secretary to Government, Transferred Departments,” by the Government of India (Adaptation of India Laws) Order 1937. 3 Inserted by Punjab Act No.1 of 1959, section 7. 13 1925: Pb. Act VIII.] SIKH GURDWARAS. suffered or will suffer pecuniary loss in consequence of the gurdwara having been declared to be a Sikh Gurdwara. Signing and verification (2) A petition forwarded under the provisions of sub-section (1) shall V of of petitions under be signed and verified by the person forwarding it in the manner provided in the 1908. sub-section (1). Code of Civil Procedure, 1908, for the signing and verification of plaints. Petition to have 7. (1) Any fifty or more Sikh worshippers of a gurdwara, each of whom a gurdwara is more than twenty one years of age and was on the commencement of this Act 1[or, declared a Sikh in the case of the extended territories from the commencement of the Amending Act] a Gurdwara resident in the police station area in which the gurdwara is situated, may forward to the 2[State] Government, through the 3[appropriate Secretary to Government] so as to reach the Secretary within one year from the commencement of this Act or within such further period as the 2[State] Government may by notification fix for this purpose, a petition praying to have the gurdwara declared to be a Sikh Gurdwara;
Provided that the 2[State] Government may in respect of any such gurdwara declare by notification that the petition shall be deemed to be duly forwarded whether the petitioners were or were not on the commencement of this Act 4[Or, in the case of the extended territories, on the commencement of the Amending Act, as the case may be,] 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 ________________________________________________________________________________ 1 Inserted by Punjab Act No.1 of 1959, section 8 (a). 2 Substituted for the words “Provincial” by the Adaptation of Laws Order, 1950. 3 Substituted for the words “Secretary to Government, Transferred Department” by the Government of India (Adaptation of Indian Laws) Order, 1937. 4 Inserted by Punjab Act No.1 of 1959, section 8 (b). 14 SIKH GURDWARAS [1925: Pb. Act VIII. Schedule I or schedule II unless the institution is deemed to be excluded from specification in schedule I under the provisions of section 4. List or property (2) A petition forwarded under the provisions of sub-section (1) shall state claimed for the the name of the gurdwara to which it relates and of the district, tehsil and revenue gurdwara and of estate in which it is situated, and shall be accompanied by a list, verified and signed by persons in the petitioners, of all rights, titles or interests in immovable properties situated in possession thereof Punjab inclusive of the gurdwara and in all monetary endowments yielding recurring to accompany a income or profit received in Punjab, which the petitioners claim to belong within petition under their knowledge to the gurdwara: the name of the person in possession of any such sub-section (1) 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. Publication of petition (3) On receiving a petition duly signed and forwarded under the provisions and list received of sub-section (1) the 1[State] Government shall as soon as may be, publish it along under sub-sections with the accompanying list, by notification, and shall cause it and the list to be
(1) and (2) 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 of every tehsil and in every revenue estate in which any of the immovable properties mentioned in the list as situated and shall also give such other notice thereof as may be prescribed; ________________________________________________________________________________________________ 1 Substituted for the words “Provincial” by the Adaptation of Laws Order, 1950. 15 1925: Pb. Act VIII.] SIKH GURDWARAS. 1[Provided that such petition may be withdrawn by notice to be forwarded by the Board so as to reach the 2[appropriate Secretary to Government], at any time before publication, and on such withdrawal it shall be deeded as if no petition had been forwarded under the provisions of sub-section (1)]. Notice of claims to (4) The 3[State] Government shall also, as soon as may be, send by property to be registered post a notice of the claim to any right, title or interest included in the list to sent to persons each of the persons named therein as being in possession of such right, title or interest shown in the list either on his own behalf or on behalf of an insane person or minor or on behalf of the as in possession 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. Effect of publication (5) The publication of a notification under the provisions of sub-section (3) of petition and list shall be conclusive proof that the provisions of sub-sections (1), (2), (3) and (4) have under sub-section (3) been duly complied with. Petition to have it 8. When a notification has been published under the provisions of subdeclared that a section (3) of section 7 in respect of any gurdwara, any hereditary office-holder or any place asserted to be twenty or more worshippers of the gurdwara, each of whom is more that twenty-one a Sikh Gurdwara years of age and was on the commencement of this Act 4[or, in the case of the is not such a extended territories, on the commencement of the Amending Act, as the case may be,] gurdwara. a resident of a police station area in which the gurdwara is situated may forward to the 3[State] Government, through the 5[appropriate Secretary to Government], so as to reach ________________________________________________________________________________ 1 Proviso added by Punjab Act, IV of 1932, section-2. It came into force on 1st January, 1933,- vide Punjab Government Notification No.2695 (H-G./Gurdwara), dated 19th December, 1932. 2 Substituted for the words “Secretary to Government, Punjab Transferred Departments” by the Government of India (Adaptation of Indian Laws) Order, 1937. 3 Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. 4 Inserted by Punjab Act No.1 of 1959, section 9 (a). 5 Substituted for the words “Secretary to Government, Punjab Transferred Departments” by the Government of India (Adaptation of Indian Laws) Order, 1937. 16 SIKH GURDWARAS [1925: Pb. Act VIII. 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 1[or, in the case of the extended territories, before the 1st day of November, 1956, as the case may be,] 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 2[State] Government may in respect of any such gurdwara declare by notification that a petition of twenty or more worshippers of such gurdwara shall be deeded to be duly forwarded whether the petitioners were or were not on the commencement of this Act 1[or, in the case of the extended territories, on the commencement of the Amending Act, as the case may be,] 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. Effect of omission 9. (1) If no position has been presented in accordance with the provisions to present a petition of section 8 in respect of a gurdwara to which a notification published under the under section 8. provisions of sub-section (3) of section 7 relates, the 2[State] 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. ________________________________________________________________________________ 1 Inserted by Punjab Act No.1 of 1959, section 9 (b). 2 Substituted for the words “Provincial” by the Adaptation of Laws Order, 1950. 17 1925: Pb. Act VIII.] SIKH GURDWARAS. Effect of publication (2) The publication of a notification under the provisions of sub-section (1) of a Notification shall be conclusive proof that the gurdwara is a Sikh Gurdwara, and the provisions of under Part III shall apply to the gurdwara with effect from the date of the publication of the sub-section (1) notification. Petition of claim to 10. (1) Any person may forward to the 1[State] Government through the property included 2[appropriate Secretary to Government], so as to reach the Secretary within ninety in a list published days from the date of the publication of a notification under the provisions of subunder sub-section section (3) of section 7, a petition claiming a right, title or interest in any property
(3) of section 7. included in the list so published. Signing and veri- (2) A petition forwarded under the provisions of sub-section (1) shall be fication of petitions signed and verified by the person forwarding it in the manner provided by the Code of under sub-section (1) Civil Procedure, 1908, 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. Notification of property (3) The 1[State] Government shall, as soon as may be, after the expiry of not claimed under the period for making a claim under the provisions of sub-section (1) publish sub-section (1) notification, specifying the rights, titles or interests in any properties in respect of and effect of which no such claim has been made, and the notification shall be conclusive proof of Such notification the fact that no such claim was made in respect of any right, title or interest specified in the notification. Claim for compen- 11. (1) Any past, or present hereditary office-holder of a gurdwara in -sation by a respect of which a notification has been published under the provisions of sub-section hereditary office- (3) of section 7 or a presumptive successor of such office-holder may forward to the holder of gurdwara 1[State] Government through the 2[appropriate Secretary to Government], so as to notified under reach the Secretary within ninety days from the date of such publication, a petition section 7 or his claiming to be Presumptive successor. _______________________________________________________________________________ 1 Substituted for the words “Provincial” by the Adaptation of Laws Order, 1950. 2 Substituted for the words “Secretary to Government, Punjab Transferred Departments” by the Government of India (Adaptation of Indian Laws) Order, 1937. 18 SIKH GURDWARAS [1925: Pb. Act VIII. awarded compensation on the grounds that such office-holder has been unlawfully removed from his office after the first day of January, 1920 1[or, in the case of the extended territories, after the 1st day of November, 1956, as the case may be,] 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. Signing and (2) A petition forwarded under the provisions of sub-section (1) shall V of verification of be signed and verified by the person forwarding it in the manner provided in the 1908 petitions under Code of Civil Procedure, 1908, for the signing and verification of plaints. sub-section (1).
CHAPTER III. Appointment of and Proceedings before a Tribunal. Constitution and 12. (1) For the purpose of deciding claims made in accordance with procedure of the provisions of this Act the 2[State] Government may from time to time by tribunal for notification direct the constitution of a tribunal or more tribunals than one and may in purposes of the Act. like manner direct the dissolution of such tribunal or tribunals.
(2) A tribunal shall consist of a president 3[***] and two other members appointed by notification by the 2[State] Government.
(3) The president of a tribunal shall be 4[a person who is or has been] 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 ________________________________________________________________________________ 1 Inserted by Punjab Act No.1 of 1959, section 10. 2 Substituted for the words “Provincial” by the Adaptation of Laws Order, 1950. 3 The words “appointed by notification by the Governor-General in Council” which were inserted by the Sikh Gurdwaras (Supplementary) Act, 1925 (XXIV of 1925), section 3 (a) were omitted by the Government of India (Adaptation of Indian laws) Order, 1937. 4 Inserted by Punjab Act No.1 of 1959, section 11. 19 1925: Pb. Act VIII.] SIKH GURDWARAS.
(ii) a barrister of not less than ten years’ standing; or
(iii) a person who has been a pleader of any Court 1[or any Court which is a High Court within the meaning of clause (24) X of of section 3 of the General Clauses Act, 1897] for an 1897 aggregate period of not less than ten years. XLV of (4) The members of a tribunal while they continue as such, shall be paid 1860 by the 2[State] Government such remuneration as may from time to time be fixed by the 2[State] Government 3[*****] and shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. 4 [(5) *****]
(6) Whenever a vacancy occurs in a tribunal by reason of the removal, resignation or death of a member 5[*****] the 2[State] 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 provisions of 6[****] sub-section (6) shall not invalidate any previous or subsequent proceedings ________________________________________________________________________________ 1 Inserted by Punjab Act XIII of 1926, section 2. This amendment has been given retrospective effect by Punjab Act XIII of 1926, section 3, which reads as follows:- “3. The amendments made in the said Act by section 2 shall have effect as if they had been made on the 1st day of November, 1925.” 2 Substituted for the words “Provincial” by the Adaptation of Laws Order, 1950. 3 The words “or in the case of the president by the Governor-General in Council” inserted by section 3 (b) of Act, XXIV of 1925 were omitted by the Government of India (Adaptation of Indian laws) Order, 1937. 4 Sub-section (5) was omitted by the Government of India (Adaptation of Indian laws) Order, 1937. 5 The words “the Governor-General in Council where the vacancy occurs in the office of president and in any other case” inserted by section 3 (b) of the Act XXIV of 1925, were omitted by the Government of India (Adaptation of Indian Laws) Order, 1937. 6 The words, brackets and figure “sub-section (5) or” omitted by East Punjab Act XLIV of 1948, section 2. 20 SIKH GURDWARAS [1925: Pb. Act VIII. 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 1[State] 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 India Penal XLV OF 1860 Code.
(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, and shall have jurisdiction, unlimited as V of 1898 regards value, throughout 2Punjab 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 of 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 V of 1908 Civil Procedure, 1908.
(12) If more tribunals than one are constituted, the 1[State] 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. ________________________________________________________________________________ 1 Substituted for the words “Provincial” by the Adaptation of Laws Order, 1950. 2 Substituted by Adaptation of Laws Order, 1950, for “East Punjab”- which had been substituted for “the Punjab” by G.G.40 of 1948. 21 1925: Pb. Act VIII.] SIKH GURDWARAS. Procedure on 13. (1) No proceedings shall be taken by a tribunal unless at least two difference of members are present provided that notices and summons may be issued by the opinion. 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.. Tribunal to dispose 14. (1) The 1[State] Government shall forward to a tribunal at petitions of petitions under received by it under the provisions of sections 5, 6, 8, 10 or 11, and the tribunal shall sections 5, 6, 8, dispose of such petitions by order in accordance with the provisions of this Act. 10 and 11.
(2) The forwarding of the petitions shall be conclusive proof that the petitions were received by the 1[State] 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 provisions of section 8, shall be conclusive proof that the provisions of section 8 with respect to such worshippers were duly complied with. Power of tribunal to 15. (1) In disposing of any matter in which it has jurisdiction a tribunal join parties and may order any dispute arising therefrom to be dealt with in one proceeding separately award costs. or more such disputes than one to be dealt with in one proceeding, and may, by public advertisement or otherwise, enquire if any person desires to be ________________________________________________________________________________ 1 Substituted for the words “Provincial” by the Adaptation of Laws Order, 1950. 22 SIKH GURDWARAS [1925: Pb. Act VIII. 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 V of 1908 court might pass under the provisions of the Code of Civil Procedure, 1908. Issue as to whether 16. (1) Notwithstanding anything contained in any other law in force, if in a gurdwara is a any proceeding before a tribunal it is disputed that a gurdwara should or should not be Sikh Gurdwaras declared to be a Sikh Gurdwara, the tribunal shall, before enquiring into any other is to be decided matter in dispute relating to the said gurdwara, decide whether it should or should not first and how is be declared a Sikh Gurdwara in accordance with the provisions of sub-section (2). to be decided.
(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 1[was] used for public worship by Sikhs, 2[before and at the time of the presentation of the petition under sub-section (1) of section 7]; or ________________________________________________________________________________ 1 Substituted for the word “is” by Punjab Act III of 1930 section 3 (i). 2 Inserted by Punjab Act III of 1930, section 3 (ii). The amendment shall be applicable to all claims, petitions and suits, in which the recording of evidence has not been concluded before the tribunal at the commencement of this Act, - vide Punjab Act III of 1930 section 11 (i). 23 1925: Pb. Act VIII.] SIKH GURDWARAS.
(ii) owing to some tradition connected with one of the Ten Sikh Gurus, 1[was] used for public worship predominantly by Sikhs, 2[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 1[was] used for such worship by Sikhs, 2[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 1[was] used for public worship by Sikhs, 2[before and at the time of the presentation of the petition under subsection (1) of section 7]; or
(v) owing to some incident connected with the Sikh religion 1[was] used for public worship predominantly by Sikhs, 2[before and at the time of the presentation of the petition under sub-section (1) of section 7]; 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 3[or, in the case of the extended ________________________________________________________________________________ 1 Substituted for the word “is” by Punjab Act III of 1930 section 3 (i). 2 Inserted by Punjab Act III of 1930, section 3 (ii). The amendment shall be applicable to all claims, petitions and suits, in which the recording of evidence has not been concluded before the tribunal at the commencement of this Act, - vide Punjab Act III of 1930, section 11 (i). 3 Inserted by Punjab Act No.1 of 1959, section 12. 24 SIKH GURDWARAS [1925: Pb. Act VIII. territories, before the first day of November, 1956], 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 1[or, in the case of the extended territories, after the first day of November, 1956], it may by order direct that such office-holder or person who would have so succeeded be restored to office. Notification of Sikh 17. When a tribunal has, under the provisions of sub-section (2) of section Gurdwara on 16, recorded a finding that a gurdwara should be declared to be a Sikh Gurdwara, and finding of no appeal has been instituted against such finding within the period prescribed by tribunal section 34; or when in 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 2[State] Government through the 3[appropriate Secretary to Government], accordingly, and the 2[State] 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. Presumption in favour 18. (1) In any proceedings before a tribunal, if any past or present officeof a notified Sikh holder denies that a right, title or interest recorded, in his name or in that of any person Gurdwara on through whom he claims, in a record of rights, or in an annual record, prepared in proof on certain accordance with the provisions of the Punjab Land Revenue Act, 1887, and claimed to facts when a claim belong to a Notified Sikh Gurdwara, does so belong, and claims such right, title or to property is made interest by an office-holder. ________________________________________________________________________________ 1 Inserted by Punjab Act No.1 of 1959, section 12. 2 Substituted for the words “Provincial” by the Adaptation of Laws Order, 1950. 3 Substituted for the words “Secretary to Government, Transferred Departments,” by the Government of India (Adaptation of Indian Laws) Order, 1937. 25 1925: Pb. Act VIII.] SIKH GURDWARAS. 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 1[or, in the case of the extended territories, before the first day of November, 1956, as the case may be], 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 of 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 1[or, in the case of the extended territories, before the first day of November, 1956, as the case may be,] 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 ________________________________________________________________________________ 1 Inserted by Punjab Act No.1 of 1959, section 13 (a). 26 SIKH GURDWARAS [1925: Pb. Act VIII. 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 occasion;
(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 1[or, in the case of the extended territories, subsequent to the first day of November, 1956, as the case may be,] from a past or present office-holder. Adjudication by tribunal 19. Where a change in the system of management of a Notified Sikh upon agreements gurdwara has occurred on or after the first day of January, 1920 3[or, in the case of the made between extended territories on or after the first day of November 1956], and as a consequence office-holder and of, or in connection with, such change it is alleged that an agreement has been made persons acting on between any person, who was an office-holder under the former system of behalf of a Sikh management on the one side, and the Sikh worshippers of the gurdwara or a person or Gurdwara. 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 agreement be considered, and the tribunal shall make an enquiry, and if it finds that a valid agreement was made, it shall, notwithstanding anything contained ________________________________________________________________________________ 1 Inserted by Punjab Act No.1 of 1959, section 13 (b). 2 Inserted by Punjab Act No.1 of 1959, section 14). 27 1925: Pb. Act VIII.] SIKH GURDWARAS XVI of 1908. in the Indian Registration Act, 1908, or the Indian Stamps Act, 1899, pass such orders II of 1899. 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. Claim for compensation 20. Any hereditary office-holder of a Notified Sikh gurdwara who, within by a hereditary twelve months after the date of the publication of a notification declaring the officeholder who gurdwara to be a Sikh Gurdwara, has resigned office, or been removed from office has resigned or otherwise than in accordance with the provisions of section 134 or under the been dismissed. 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. Claim for compensation 21. When a notification has been published under the provisions of this Act by a person declaring a gurdwara to be Sikh Gurdwara, any person claiming that the right to alleging right to nominate an office-holder thereof was vested in him at the date of the publication, or nominate officeholder before the first day of January, 1920 1[or, in the case of the extended territories before of a Notified the first day of November, 1956], may, within ninety days from the date of the Sikh Gurdwara. 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 first day of January, 1920 1[or, in the case of the extended territories, after the first day of November 1956], 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. _________________________________________________________________________________ 1 Inserted by Punjab Act No.1 of 1959, section 15. 28 SIKH GURDWARAS [1925: Pb. Act VIII. Matters for consideration 22. In deciding claims for compensation made under the provisions in awarding of sections 6,11 or 20, a tribuna - Compensation.
(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 holder 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 officeholder any right to increased 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 1[or, in the case of the extended territories, before the commencement of the Amending Act as the case may by],
(ii) the conviction of the claimant by a criminal court for an offence which, in the opinion of the tribunal, involves moral ________________________________________________________________________________ 1 Added by Punjab Act No.1 of 1959, section 16. 29 1925: Pb. Act VIII.] SIKH GURDWARAS. turpitude or an order passed against him under the provisions of sections 110 and 118 of the Code of Criminal Procedure, 1898;
(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. Compensation to be paid 23. In awarding compensation, a tribunal shall, unless the parties agree to annually out of its being paid otherwise, order it to be paid out of the income accruing to the gurdwara income of in which the office-holder held office in the form of an allowance, payable annually on gurdwara. a specified date for any period, but terminable in any case on the death of the person compensated. Payment to heirs of 24. If any person in whom compensation has been ordered to be paid by a person tribunal dies, his heir shall be entitled only to such sum as has become payable under compensated 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 proportion to the amount of such allowance as the period between the date on which the allowance was last payable before the death of the deceased and the date of his death bears to one year. Manner in which 25. Every sum ordered by a tribunal to be paid out of the income of a compensation gurdwara by way of compensation shall be deposited in the treasury of the tehsil in is to be paid which the gurdwara is situated, and shall be paid to the person or persons entitled to it and recovered if under such order or under the provisions of section 24 in such manner as may be not duly paid prescribed and if it is not so deposited shall be recoverable out of the 1[income of such gurdwara or by ________________________________________________________________________ 1Substituted for the Words “property or income of such gurdwara by the Collector as if it were an arrear of land revenue”, by Punjab Act XI of 1944, section 3. 30 SIKH GURDWARAS [1925: Pb. Act VIII. way of temporary alienation of the agricultural land of such gurdwara for a period which the Collector may determine.] Power of tribunal to 1[25-A. (1) When it has been decided under the provisions of this Act that a pass decrees for right, title or interest in immovable property belongs to a Notified Sikh Gurdwara, or possession in any person, the Committee of the Gurdwara concerned or the person in whose favour favour of the declaration has been made may, within a period of one year from the date of the committees of decision or the date of the constitution of the Committee, whichever is later, institute a Gurdwaras. 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[ (2) * * * * *] Entry of rights 26. When it has been decided, under the provisions of this Act, that a right, of Gurdwara title or interest in immovable property belongs to a Notified Sikh Guirdwara or when a in revenue right, title or interest in such property has been included in a list published under the records. 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 this 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 XVII of right, title or interest in accordance with the provisions of the Punjab Land Revenue
1887. Act, 1887. ________________________________________________________________________ 1Added by Punjab Act III of 1930, section 4. The amendment shall be applicable to all claims, petitions and suits in which the recoding of evidence has not been concluded before the tribunal at the commencement of this Act, - vide section 11 of Punjab Act III of 1930. 2 Omitted by Punjab Act No. LIII of 1953, section 3. 31 1925: Pb. Act VIII.] SIKH GURDWARAS. Treatment of property 27. (1) When on or before the commencement of this Act any property has dedicated to a been dedicated or gifted to a Notified Sikh Gurdwara and a trust has been created in Notified Sikh writing for the management of such property and for the distribution of the income Gurdwara but accruing therefrom partly to the gurdwara and partly to another institution or to under management another person or to both, any trustee appointed for the purpose of such trust, or any of of trustees. 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 and 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. 32 SIKH GURDWARAS [1925: Pb. Act VIII. Suits for possession 28. (1) When a notification has been published under the provisions of subof undisputed section (3) of section 5 or of sub-section (3) of section 10, the committee of the property on gurdwara concerned may bring a suit on behalf of the gurdwara for the possession of behalf of any property a proprietary title in which has been specified in such notification, Notified Sikh provided that the gurdwara concerned is entitled to immediate possession of the Gurdwaras. 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. 1[(3) * * * * *]. Exclusion of 29. Notwithstanding anything contained in any other law or enactment for jurisdiction of the time being in force no suit shall be instituted and no court shall entertain or the courts. continue any suit or proceedings 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 ________________________________________________________________________ 1Omitted by Punjab Act No. LIII of 1953, section 4. 33 1925: Pb. Act VIII.] SIKH GURDWARAS. 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 provision of section 16 that such gurdwara should not be declared to be a Sikh Gurdwara.. Decision by courts on 30. At any time after the commencement of this Act 1[or, in the case of the certain claims in extended territories, after the commencement of the Amending Act, as the case may certain circumstances be,] 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 belongs to a Notified Sikh Gurdwara and the court finds that such claim might have been made in a list forwarded to the 2[State] 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 ________________________________________________________________________ 1Inserted by Punjab Act No. 1 of 1959, section 17. 2Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. 34 SIKH GURDWARAS [1925: Pb. Act VIII. Forwarded to the 1[State] 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 diligences, 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 title 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, Courts not to continue 31. (1) No court shall continue any proceedings in so far such certain proceedings proceedings involve any claim relating to a gurdwara specified in schedule I or in pending decision regard to which a notification has been published under the provision of sub-section as to whether a place (2) of section 3, if such claim could have been made in a petition forward to the is or is not a Sikh Gurdwara. _________________________________________________________________________________ 1Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. 35 1925: Pb. Act VIII.] SIKH GURDWARAS. 1[State] Government under the provisions of sections 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 provision of section 4.
(2) No court shall continue any proceedings in so 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 1[State] Government under the provisions of section 10 or 11 or 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. Transfer of suits 32. (1) Where in any suit or proceeding pending at the commencement of pending in this Act or instituted after its commencement, in a civil or revenue court, it has become courts. 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 subsection (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. _______________________________________________________________________ 1Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. 36 SIKH GURDWARAS [1925: Pb. Act VIII. Diputes relating to rights 33. When any place had been declared by notification under the provisions of office-holder after of this Act to be a Sikh Gurdwara, the right of any office-holder thereof who holds a year from office on the date of the publication of such notification to continue to hold his office commencement shall be decided in accordance with the provisions of Part III. of Act. Appeal against orders 34. (1) Any party aggrieved by a final order passed by tribunal determining of a tribunal. 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 a 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. Court-fees. 35. 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. No court to take cognizance 36. No suit shall lie in any Court to question anything purporting to be done of manner in which by the 1[State] Government or, by a tribunal, in exercise of any powers vested in it by the State Govern- or under this Act. -ment or tribunal exercises its power under the Act. Courts not to pass an order 37. Except as provided in this Act no court shall pass any order or grant or grant or execute any decree or execute wholly or partly any order or decree, if the effect of such order, a decree incon- decree, or execution would be inconsistent with any decision of a tribunal, or any -sistent with decision order passed on appeal therefrom, under the provisions of this Part. of a Tribunal. _________________________________________________________________________________ 1Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. 37 1925: Pb. Act VIII.] SIKH GURDWARAS.
PART II
CHAPTER IV APPLICATIN OF PROVISIONS OF PART III TO GURDWARAS FOUND TO BE SIKH GURDWARAS BY COURTS OTHER THAN A TRIBUNAL UNDER THE PROVISINS OF THE ACT. Recourse to ordinary courts 38. (1) Notwithstanding anything contained in this Act or any other Act or in cases where enactment in force any two or more persons having interest in any gurdwara in respect action has not of which no notification declaring the gurdwara to be a Sikh Gurdwara has been been taken under published under the provisions of this Act, may, after th