The Sikh Gurdwaras Act, 1925

1. (1) This Act may be called the Sikh Gurdwaras Act, 1925.
2. (2) It extends to the territories which, immediately before the 1st November, 1956, were comprised in the States of Punjab and Patiala and East Punjab States Union.
3. (3) It shall come into force on such date as the State Government may by notification appoint in this behalf, and, in the extended territories, on the commencement of Sikh Gurdwaras (Amendment) Act, 1959 (hereinafter referred to as the Amending Act.).
4. (4) The Sikh Gurdwaras and Shrines Act, 1922, is hereby repealed.

In this Act, unless there is anything repugnant in the subject or context-

1. (1) "Board" means the Board constituted under the provisions of part III.
2. (2) "Commission" means the Judicial Commission constituted under the provisions of Part III. (3)
   • (i) "Committee" means a committee of management constituted under the provisions of Part III. (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. (4)
   • (i) "Office" means any office by virtue which the holder thereof participates in the management or performance of public worship in a gurdwara or in the management or performance of any rituals or ceremonies observed therein and "office-holder" means any person who holds an office.
   • (ii) "Present office-holder" means a person who, on the commencement of this Act, or, in the case of the extended territories, on the commencement of the Amending Act as the case may be, holds an office.
   • (iii) "Past office-holder" means a person who has been an office-holder but ceased to be an office-holder before the commencement of this Act or, in the case of the extended territories, before the commencement of the Amending Act as the case may be.
   • (iv) "Hereditary office" means an office the succession to which before the first day of January, 1920, or, in the case of 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.
   • (v) "Present hereditary office-holder" means a person who on the commencement of this Act, 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.
   • (vi) "Past hereditary office-holder" means a person who has been a hereditary office-holder but ceased to be such office-holder before the commencement of this Act or, in the case of the extended territories, before the commencement of the Amending Act as the case may be.
   • (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: Provided that an office-holder to whom either solely or alongwith others the performance of public worship in a Gurdwara and of the rituals and ceremonies observed therein is not entrusted directly shall not be deemed to be a Minister for the purposes of sections 134 and 135.
3. (5) "Police Station area" means a local area specified by the State Government under the provisions of clause (5) of sub-section (1) of section 4 of the Code of Criminal Procedure, 1898.
4. (6) "Prescribed" means prescribed by the State Government by rules made under this Act.
5. (7) "Presumptive successor" where the succession to the office devolves according to hereditary right; means the person next in succession to a hereditary office-holder, or where the succession to the office devolves by nomination made by the hereditary office-holder for the time being, means any chela so nominated before the first day of December, 1924, or, in the case of the extended territories, before the 1st day of November, 1956, as the case may be.
6. (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.
7. (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 in such manner as the 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.
8. (20) "Amritdhari Sikh" means and includes every person who has taken Khande-ka-amrit or Khanda pahul prepared and administered according to the tenets of Sikh religion and rites at the hands of five pyaros or 'beloved ones'. (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 Mool Mantar.
9. (11) "Patit" means a person who being a Keshadhari Sikh trims or shaves his beard or keshas who after taking amrit commits any one or more of the four kurahirs.
10. (12) "Notified Sikh Gurdwara" means any gurdwara declared by notification by the State Government under the provisions of this Act to be a Sikh Gurdwara.
11. (13) "Treasury" means a Government Treasury or sub-treasury and includes any bank to which the Government treasury business has been made over.
12. (14) "Tribunal" means a tribunal constituted under the provisions of section 12.
13. (15) "Election" means an election to fill a seat or seats in the Board or Committee constituted under sections 43, 86 or 87.
14. (16) "Constituency" means a constituency for the election of a member or members of the Board or Committee.
15. (17) "Commissioner, Gurdwara Elections" means the Officer appointed by the State Government to perform the duties of the Elections Commissioner for the purposes of this Act.

1. (1) Any Sikh or any present office-holder of a gurdwara specified in schedule I [or, added thereto by the Amending Act, may forward to the State Government through the appropriate Secretary to Government so as to reach the Secretary within ninety days of the commencement of this Act, or, in the case of the extended territories, within one hundred and eighty 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 guradian, or if there is no such guardian, the name of the person with whom the insane person or minor resides or is residing, or if there is no such person, the name of the person actually or constructively in possession of such right, title or interest on behalf of the insane person or minor, and if any such right, title or interest is alleged to be in possession of the gurdwara through any person, the name of such person, shall be stated in the list; and the list shall be in such form and shall contain such further particulars as may be prescribed. 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 State Reorganization Act, 1956.
2. (2) On receiving a list duly forwarded under the provisions of sub-section (1) the [State] Government shall, as soon as may be, publish a notification declaring that the gurdwara to which it relates is a Sikh Gurdwara and, after the expiry of the period provided in sub-section (1) for forwarding lists shall, as soon as may be, publish by notification a consolidated list in which all rights, titles and interests in any such properties as are described in sub-section (1) which have been included in any list duly forwarded, shall be included, and shall also cause the consolidated list to be published, in such manner as may be prescribed, at the headquarters of the district and of the tahsil and in the revenue estate where the gurdwara is situated, and at the headquarters of every district and of every tahsil and in every revenue estate in which any of the immovable properties mentioned in the consolidated list is situated and shall also give such other notice thereof as may be prescribed.
3. (3) The [State] Government shall also, as soon as may be, send by registered post a notice of the claim to any right, title or interest included in the consolidated list to each of the persons named therein as being in possession of such right, title or interest either on his own behalf or on behalf of an insane person or minor or on behalf of the gurdwara, Provided that no such notice need be sent if the person named as being in possession is the person who forwarded the list in which the right, the title or interest was claimed.
4. (4) The publication of a declaration and of a consolidated list under the provisions of sub-section (2) shall be conclusive proof that the provisions of sub-sections (1),
5. (2) and (3) with respect to such publication have been duly complied with and that the gurdwara is a Sikh Gurdwara, and the provisions of Part III shall apply to such gurdwara with effect from the date of the publication of the notification declaring it to be a Sikh Gurdwara.

If in respect of any gurdwara specified in schedule I no list has been forwarded under the provisions of sub-section (1) of section 3, the [State] Government shall, after the expiry of ninety days from the commencement of this Act, [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.

1. (1) Any person may forward to the [State] Government through the [appropriate Secretary to Government] so as to reach the Secretary within ninety days [or, in the case of the extended territories, within one hundred and eighty days] from the date of the publication by notification of the consolidated list under the provisions of sub-section (2) of section 3, a petition claiming a right, title or interest in any property included in such consolidated list except a right, title or interest in the gurdwara itself.
2. (2) A petition forwarded under the provisions of sub-section (1) shall be signed and verified by the person forwarding it in the manner provided in the Code of Civil Procedure, 1908, for the signing and verification of plaints, and shall specify the nature of the right, title or interest claimed and the grounds of the claim.
3. (3) The [State] Government shall, as soon as may be, after the expiry of the period for making a claim under the provisions of sub-section (1) publish a notification specifying the rights, titles or interests in any properties in respect of which no such claim has been made; and the publication of the notification shall be conclusive proof of the fact that no such claim was made in respect of any right, title or interest specified in the notification.

1. (1) Any past or present hereditary office-holder of a gurdwara in respect of which a notification has been published under the provisions of sub-section (2) of section 3 declaring it to be a Sikh Gurdwara or a presumptive successor of such office-holder may forward to the [State] Government through the [appropriate Secretary to Government] so as to reach the Secretary within ninety days from the date of the publication of such notification a petition claiming to be awarded compensation on the grounds that such office-holder has been unlawfully removed from his office after the first day of January, 1920, [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 suffered or will suffer pecuniary loss in consequence of the gurdwara having been declared to be a Sikh Gurdwara.
2. (2) A petition forwarded under the provisions of sub-section (1) shall be signed and verified by the person forwarding it in the manner provided in the Code of Civil Procedure, 1908, for the signing and verification of plaints.

1. (1) Any fifty or more Sikh worshippers of a gurdwara, each of whom is more than twenty-one years of age and was on the commencement of this Act [or, in the case of the extended territories from the commencement of the Amending Act] a resident in the police station area in which the gurdwara is situated, may forward to the [State] Government, through the [appropriate Secretary to the Government] so as to reach the Secretary within one year from the commencement of this Act or within such further period as the [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 [State] Government may in respect of any such gurdwara declare by notification that a petition shall be deemed to be duly forwarded whether the petitioners were or were not on the commencement of this Act [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 schedule I or schedule II unless the institution is deemed to be excluded from specification in schedule I under the provisions of section 4.
2. (2) A petition forwarded under the provisions of sub-section (1) shall state the name of the gurdwara to which it relates and of the district, tahsil and revenue estate in which it is situated, and shall be accompanied by a list, verified and signed by the petitioners, of all rights, titles or interests in immovable properties situated in Punjab inclusive of the gurdwara and in all monetary endowments yielding recurring income or profit received in Punjab, which the petitioners claim to belong within their knowledge to the gurdwara; the name of the persons in possession of any such right, title or interest, and if any such persons is insane or a minor, the name of his legal or natural guardian, or if there is no such guardian, the name of the person with whom the insane person or minor resides or is residing, or if there is no such person, the name of the person actually or constructively in possession of such right, title or interest on behalf of the insane person or minor, and if any such right, title or interest is alleged to be in possession of the gurdwara through any person the name of such person shall be stated in the list; and the petition and the list shall be in such form and shall contain such further particulars as may be prescribed.
3. (3) On receiving a petition duly signed and forwarded under the provisions of sub-section (1) the [State] Government shall as soon as may be, publish it along with the accompanying list, by notification and shall cause it and the list to be published, in such manner as may be prescribed, at the headquarters of the district and of the tahsil and in the revenue estate in which the gurdwara is situated, and at the headquarters of every district and of every tahsil and in every revenue estate in which any of the immovable properties mentioned in the list is situated and shall also give such other notice thereof as may be prescribed: Provided that such petition may be withdrawn by notice to be forwarded by the Board so as to reach the [appropriate Secretary to Government,] at any time before publication, and on such withdrawal it shall be deemed as if no petition had been forwarded under the provisions of sub-section (1).
4. (4) The [State] Government shall also as soon as may be, send by registered post a notice of the claim to any right, title or interest included in the list to each of the persons named therein as being in possession of such right, title or interest either on his own behalf or on behalf of an insane person or minor or on behalf of the gurdwara: Provided that no such notice need be sent if the person named as being in possession is a person who joined in forwarding the list.
5. (5) The publication of a notification under the provisions of sub-section (3) shall be conclusive proof that the provisions of sub-sections (1), (2),
6. (3) and (4) have been duly complied with.

When a notification has been published under the provisions of sub-section (3) of section 7 in respect of any gurdwara, any hereditary office-holder or any twenty or more worshippers of the gurdwara, each of whom is more than twenty-one years of age and was on the commencement of this Act [or, in the case of the extended territories, on the Commencement of the Amending Act, as the case may be,] a resident of a police station area in which the gurdwara is situated may forward to the [State] Government, through the [appropriate Secretary to Government], so as to reach the Secretary within ninety days from the date of the publication of the notification, a petition signed and verified by the petitioner, or petitioners, as the case may be, claiming that the gurdwara is not a Sikh Gurdwara, and may in such petition make a further claim that any hereditary office-holder or any person who would have succeeded to such office-holder under the system of management prevailing before the first day of January, 1920, [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 [State] Government may in respect of any such Gurdwara declare by notification that a petition or twenty or more worshippers of such gurdwara shall be deemed to be duly forwarded whether the petitioners were or were not on the commencement of this Act [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.

1. (1) If no petition has been presented in accordance with the provisions of section 8 in respect of a gurdwara to which a notification published under the provisions of sub-section (3) of section 7 relates, the [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.
2. (2) The publication of a notification under the provisions of sub-section (1) shall be conclusive proof that the gurdwara is a Sikh Gurdwara, and the provisions of Part III shall apply to the gurdwara with effect from the date of the publication of the notification.

1. (1) Any person may forward to the [State] Government through the [appropriate Secretary to Government], so as to reach the Secretary within ninety days from the date of publication of a notification under the provisions of sub-section (3) of section 7, a petition claiming a right, title or interest in any property included in the list so published.
2. (2) A petition forwarded under the provisions of sub-section (1) shall be signed and verified by the person forwarding it in the manner provided by the Code of 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.
3. (3) The [State] Government shall, as soon as may be, after the expiry of the period for making a claim under the provisions of sub-section (1) publish a notification, specifying the rights, titles or interest in any properties in respect of which no such claim has been made, and the notification shall be conclusive of the fact that no such claim was made in respect of any right, title or interest specified in the notification.

1. (1) Any past or present hereditary office-holder of a gurdwara in respect of which a notification has been published under the provisions of sub-section (3) of section 7 or a presumptive successor of such office-holder may forward to the [State] Government through the [appropriate Secretary to Government], so as to reach the Secretary within ninety days from the date of such publication, a petition claiming to be awarded compensation on the grounds that such office-holder has been unlawfully removed from his office after the first day of January, 1920, [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.
2. (2) A petition forwarded under the provisions of sub-section (1), shall be signed and verified by the person forwarding it in the manner provided in the Code of Civil Procedure, 1908, for the signing and verification of plaints.

1. (1) For the purpose of deciding claims made in accordance with the provisions of this Act the [State] Government may from time to time by notification direct the constitution of a tribunal or more tribunals than one and may in like manner direct the dissolution of such tribunal or tribunals.
2. (2) A tribunal shall consist of a president [ * * * ] and two other members appointed by notifications by the [State] Government.
3. (3) The president of a tribunal shall be [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
   • (ii) a barrister of not less than ten years' standing; or
   • (iii) a person who has been a pleader of any Court [or any Court which is a High Court within the meaning of clause (24) of section 3 of the General Clauses Act, 1897], for an aggregate period of not less than ten years.
4. (4) The members of a tribunal while they continue as such, shall be paid by the [State] Government such remuneration as may from time to time be fixed by the [State] Government [ * * * * *] and shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
5. (6) Whenever a vacancy occurs in a tribunal by reason of the removal, resignation or death of a member, [ * * * * * * ] the [State] Government shall by notification appoint a person qualified within the meaning of sub-section (3) to fill the vacancy.
6. (7) A change in the membership of a tribunal under the provisions of [ * * * * ] sub-section (6) shall not invalidate any previous or subsequent proceedings in any matter pending before it, nor shall it be necessary for a tribunal on account of such change to re-commence any enquiry into any matter pending before it for disposal.
7. (8) The [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 Indian Penal Code.
8. (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 regards value, throughout Punjab, and shall have no jurisdiction over any proceedings other than is expressly vested in it by this Act.
9. (10) Save as otherwise provided in this Act a decree or order of a tribunal shall be executed or otherwise given effect to by the district court of the district in which the gurdwara in connection with which the decree or order was passed is situated or by the district court to which the tribunal directs that any decree or order shall be sent for this purpose, as if the decree or order had been a decree or order by such court.
10. (11) The proceedings of a tribunal shall so far as may be, and subject to the provisions of this Act, be conducted in accordance with the provisions of the Code of Civil Procedure, 1908.
11. (12) If more tribunals than one are constituted, the [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. (1) No proceedings shall be taken by a tribunal unless at least two members are present, provided that notices and summons may be issued by the president or a member nominated by the president for this purpose.
2. (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.

1. (1) The [State] Government shall forward to a tribunal all petitions received by it under the provisions of sections 5, 6, 8, 10 or 11, and the tribunal shall dispose of such petitions by order in accordance with the provisions of this Act.
2. (2) The forwarding of the petitions shall be conclusive proof that the petitions were received by the [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 the provisions of section 8, shall be conclusive proof that the provisions of section 8 with respect to such worshippers were duly complied with.

1. (1) In disposing of any matter in which it has jurisdiction a tribunal may order any dispute arising therefrom to be dealt with in one proceeding separately or more such disputes than one to be dealt with in one proceeding, and may, by public advertisement or otherwise, enquire if any person desires to be made a party to any proceeding, and may join in any proceeding any person whom it considers ought to be made a party thereto.
2. (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. (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. (4) A tribunal may pass any such order as to costs of a proceeding as a court might pass under the provisions of the Code of Civil Procedure, 1908.

1. (1) Notwithstanding anything contained in any other law in force, if in any proceeding before a tribunal it is disputed that a gurdwara should or should not be declared to be a Sikh Gurdwara, the tribunal shall, before enquiring into any other matter in dispute relating to the said gurdwara, decide whether it should or should not be declared a Sikh Gurdwara in accordance with the provisions of sub-section (2).
2. (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 [was] used for public worship by Sikhs, [before and at the time of the presentation of the petition under sub-section (1) of section 7]; or
   • (ii) owing to some tradition connected with one of the Ten Sikh Gurus, [was] used for public worship predominantly by Sikhs, [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 [was used for such worship by Sikhs, [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 [was used for public worship by Sikhs, [before and at the time of the presentation of the petition under sub-section (1) of section 7]; or
   • (v) owing to some incident connected with the Sikh religion [was] used for public worship predominantly by Sikhs, [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. (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 [or, in the case of the extended 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, [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 succeeded be restored to office.

When a tribunal has, under the provisions of sub-section (2) of section 16, recorded a finding that a gurdwara should be declared to be a Sikh Gurdwara, and no appeal has been instituted against such finding within the period prescribed by section 34; or when an appeal has been instituted and dismissed; or when in an appeal against a finding that a gurdwara should not be declared to be a Sikh Gurdwara the High Court finds that it should be so declared, the tribunal or the High Court, as the case may be, shall inform the [State] Government through the [appropriate Secretary to Government], accordingly, and the [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.

1. (1) In any proceedings before a tribunal, if any past or present office-holder denies that a right, title or interest recorded, in his name or in that of any person through whom he claims, in a record of rights, or in an annual record, prepared in accordance with the provisions of the Punjab Land Revenue Act, 1887, and claimed to belong to a Notified Sikh Gurdwara, does so belong, and claims such right, title or interest to belong to himself, there shall, notwithstanding anything contained in section 44 of the said Act, be a presumption that such right, title or interest belongs to the gurdwara upon proof of any of the following facts, namely—
   • (a) an entry of the right, title or interest made before the first day of January, 1920, [or, in the case of the extended territories, before the 1st day of November, 1956], in the name of the gurdwara or in the name of the office-holder for the time being as such;
   • (b) an entry of the right, title or interest made before the first day of January, 1920, [or, in the case of the extended territories, before the 1st day of November, 1956], in the name of a person who made a statement at or about the time of the entry that he held the right, title or interest for the gurdwara;
   • (c) the expenditure of the income derived from such right, title or interest on the maintenance or support of the gurdwara or for the performance of religious worship or ceremonies therein, at any time before the first day of January, 1920, [or, in the case of the extended territories, before the 1st day of November, 1956].
2. (2) The presumption referred to in sub-section (1) may be rebutted by proof of any fact which the tribunal considers sufficient to rebut it.

Adjudication by tribunal upon agreements made between office-holder and persons acting on behalf of a Sikh Gurdwara

Claim for compensation by a hereditary office-holder who has resigned or been dismissed

Matters for consideration in awarding compensation.—In determining the amount of any compensation to be awarded under the provisions of this Act, the Tribunal shall have regard to—

1. (a) the past and present income of the gurdwara;
2. (b) the circumstances in which the office-holder was appointed;
3. (c) the past services rendered by the office-holder;
4. (d) the conduct of the office-holder;
5. (e) the probability of the income of the gurdwara being affected by any proceedings under this Act;
6. (f) the probability of the office-holder being able to find other employment.

1. (1) When it has been decided under the provisions of this Act that a right, title or interest in immovable property belongs to a Notified Sikh Gurdwara, or any person, the Committee of the Gurdwara concerned or the person in whose favour a declaration has been made may, within a period of one year from the date of the decision or the date of the constitution of the Committee, whichever is later, institute a suit before a tribunal claiming to be awarded possession of the right, title or interest in the immovable property in question as against the parties to the previous petition and the tribunal shall, if satisfied that the claim relates to the right, title or interest in the immovable property which has been held to belong to the Gurdwara, or to the person in whose favour the declaration has been made, pass a decree for possession accordingly.

Entry or rights of gurdwara in revenue records.

Decisions by courts on certain claims in certain circumstances.—(1) If a suit is pending in a civil court in which it is claimed that any right, title or interest in any property belongs to a Notified Sikh Gurdwara or to an office-holder of a Notified Sikh Gurdwara, and in which an issue is raised whether such property belongs to a Notified Sikh Gurdwara or to an office-holder of the same, the court shall refer the issue to the Tribunal and shall stay the suit until the finding of the Tribunal is received.

1. (2) The finding of the Tribunal on the issue so referred shall be binding on the court and shall be treated as a finding on an issue in the suit.

Courts not to continue certain proceedings pending decision as to whether a place is or is not a Sikh Gurdwara.—(1) No court shall continue any proceeding in which an issue is raised whether a place is or is not a Sikh Gurdwara, if such an issue is also directly and substantially in issue in a proceeding before a Tribunal, and the Tribunal is in possession of all the materials necessary for the decision of the issue, and the issue can be decided by the Tribunal.

1. (2) It shall be the duty of the court, as soon as it is informed that such an issue is pending before the Tribunal, to stay the proceeding and to refer the issue to the Tribunal for decision.
2. (3) The finding of the Tribunal on the issue so referred shall be conclusive evidence in the court of the fact decided.

Transfer of suits pending in courts.—(1) Any suit pending in any court in which an issue is raised whether a place is or is not a Sikh Gurdwara, may be transferred to the Tribunal on the application of any party to the suit, if the Tribunal is of opinion that for the convenience of the parties or for the ends of justice it is expedient that the suit should be tried by it.

1. (2) Whenever a suit is transferred to the Tribunal under the provisions of sub-section (1), the Tribunal shall proceed to try the suit as if it had been instituted before it, and may pass any decree or order that a court might have passed in the suit.

Disputes relating to rights of office-holder after a year from commencement of Act.—Any dispute relating to the rights of a hereditary office-holder or of an office-holder of a Notified Sikh Gurdwara, which arises after the expiration of one year from the commencement of this Act, shall, if it is a dispute which could have been decided by the Tribunal under the provisions of this Act, be decided by the Tribunal, and no court shall take cognizance of such dispute.

Appeal against order of a tribunal.—(1) Any party aggrieved by a decree or order of a Tribunal may, within ninety days of the passing of such decree or order, appeal to the High Court.

1. (2) No appeal shall lie against any decree or order of a Tribunal except as provided in sub-section (1).
2. (3) The High Court shall, in deciding an appeal, have all the powers which it has in deciding an appeal from a decree or order of a civil court.

Court-fees.—(1) Notwithstanding anything contained in the Court-fees Act, 1870, the court-fees to be paid on petitions, appeals and other documents filed before a Tribunal or the High Court under the provisions of this Act shall be as specified in Schedule III.

1. (2) The State Government may, by notification, alter or add to the Schedule III.

No court to take cognizance of manner in which the State Government or tribunal exercises its powers under the Act.—No court shall take cognizance of the manner in which the State Government or a Tribunal exercises its powers under the provisions of this Act, nor shall any court interfere with the proceedings of a Tribunal, except as provided in this Act.

Courts not to pass an order or grant or execute a decree inconsistent with decision of a tribunal.—No court shall pass any order or grant or execute any decree which is inconsistent with any decree or order passed by a Tribunal under the provisions of this Act.

Recourse to ordinary courts in cases where action has not been taken under Part I.—(1) If a suit is pending in any civil court in which it is claimed that any right, title or interest in any property belongs to a gurdwara, and no action has been taken under the provisions of Part I in respect of such gurdwara, the court shall, if it is satisfied that the gurdwara is a Sikh Gurdwara, proceed to decide the suit in accordance with the provisions of this Act, as if the gurdwara were a Notified Sikh Gurdwara.

1. (2) In any such suit, if an issue is raised whether the gurdwara is or is not a Sikh Gurdwara, the court shall itself decide the issue, and its decision shall have effect as if it were a decision of a Tribunal under this Act.
2. (3) The provisions of this Part shall apply to any such suit as if the suit were a proceeding before a Tribunal.

Suits for relief claimable by application under this part barred.—No suit shall be instituted in any court for any relief for which an application could have been made under the provisions of this Part.

Boud, Committees and Commission to be constituted for the purposes of this Act.

The management of every Notified Sikh Gurdwara shall be administered by the committee 2[* * * ] constituted thereof, the Board and the 3[Commission] in accordance with the provisions of this Part.

Name of Board.

1. (I) Whenever a new Board within the meaning of section 51 is constituted, it shall consist of-
2. (i) one hundred and forty elected members;
3. (ii) the Head Ministers ofthe Darbar Sahib, Amritsar, and thc following four Takhats, narnely- the Sn Aka1 ~akhk Sahib, Amritsar, the Sri Talchat Keshgarh Sahib, Anandpur, the Sri Takhat Patna Sahib, Patna and the S-ri Takhat Hazur Sahib, Nanded; and
4. (iii) fifteen members resident in India, of whom not more than five shall be residents of Punjab, co-opted by the members of the Board as described in clauses (i) and (ii).

1. (2) The State Government shall, as soon as may be, call a meeting of the members of the Board described in clauses (i) and (ii) of sub-section (I) for the purpose of co-opting the members described in clause (iii) of that sub-section, and after the members have been co- opted, the State Government shall notify the fadt of the Board having been 2uly constituted and the date of thz publication of the ilotification shall be deemed to be the date of the constitution of the Board.

Date of Board elections [Section text not available in the official gazette publication.]

1. (1) Evcry person registered on the electoral roll for the time being in force for any constituency for the election of a member or members of the Board shall be entitled while so registered to vote at an election of a member or member for that constituency, provided that no person shall be entitled to vote at an election in more than one constituency. 2[(2) In any plural constituency as provided by section 44, the- right of voting shall be exercisable in the folIowing manner, that is to say, a vote may be cast €or each of the two candidates of whom one shall / be a Sikh belonging to any of tbe Scheduled Castes referred to in sub- section (2) of section 44 and the other shall a Sikh who does not belong to ally of those Scheduled Castes.]

The members of the Board shall hold office for 3[five] years from the date of its constitution or until the constitution of a new Board, whichever is later.

Effect of subsequent disability to serve as member of Board.

Vacancy in Board, how to be filled.

First meeting of the Board.

Annual general meeting.

Notice of meeting.

Power of member to call meeting.

Office of Board.

Quorum of Board in general meeting.

Chairman at meetings of the Board.

Decision of questions before Board.

Office-bearers and executive committee of Board.

Annual election of executive committee.

Power of executive committee of Board.

Vacancy in executive committee, how to be filled.

Member of a committee of management not to be member of executive committee of Board.

Resignation of member of executive committee or Board.

Remuneration of members of executive committee.

Servants of the Board; their appointment and punishment.

The Judicial Commission.

1. (1) For the purpose of the appointment of members of the Commission, the Board shall, as soon as may be, after its constitution submit a list of the names of seven persons nominated by the Board, and the [State] Government shall after being satisfied that the persons are qualified as required by section 70 record the list: provided that if the Board fails to submit a list within ninety days from the constitution of the Board the [State] Government may itself complete a list of qualified persons.
2. (2) A person whose name is on the list described in sub-section (1) shall be entitled to have his name retained thereon for two years after his nomination has been recorded provided that the [State] Government may at any time remove his name, if it is satisfied upon a report made by the Board and any enquiries it may seem fit to make, that he is incapable of acting as a member of the Commission.
3. (3) If any person whose name is on the list, dies, or applies to the Board to have his name removed therefrom, the Board shall inform the [State] Government and his name shall be removed from the list.
4. (4) The [State] Government shall on request being made to it for this purpose by the Board remove from the list the name of any person whose name has been on the list for more than three years, provided that the name of any person shall not be so removed while such person is a member of the Commission.
5. (5) When a name has been removed from the list the Board shall nominate a qualified person for the purpose of filling the vacancy, and the [State] Government shall after being satisfied that such person is qualified, place his name upon the list.
6. (6) If the Board fails to nominate a person to fill a vacancy as required by sub-section (5), the [State] Government may after giving one month's notice of its intention to the Board place the name of any qualified person on the list to fill the vacancy.

If any person who is a member of the Board or of a committee or of both is appointed to be a member of the Commission and accepts the appointment he shall forthwith cease to be a member of the Board or committee, or of both, as the case may be.

The members of the Commission, while they continue as such, shall receive such remuneration [or daily allowance and travelling expenses] as may be fixed from time to time by the [State] Government [with consultation of the Board] and shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

The [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 the Commission, and the officers and servants so appointed shall, while they continue as such, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

1. (1) [The net] expenses arising from the appointment of the Commission including the remuneration of its members, officers and servants shall be defrayed by the [State] Government and the Board, the [state] Government paying one-third of the whole, provided that the remuneration of the members, officers and servants shall be paid wholly in the first instance by the [State] Government and the thereof payable by the Board shall be recovered from the Board after the close of each financial year.
2. (2) Any sum due to the [State] Government under the provisions of sub-section (1), shall, if not recovered within three months after a demand has been made, be recoverable as if it were an arrear of land revenue.

1. (1) The Commission shall for the purpose of deciding any matter which it is empowered to decide under the provisions of this Act have the same powers as are vested in a court by the Code of Civil Procedure, 1908, and shall have jurisdiction unlimited as regards value throughout Punjab, and shall have no jurisdiction over any proceedings other than is expressly vested in it by this Act.
2. (2) A decree or order of the Commission shall be executed or otherwise given effect to by the District Court of the district in which the gurdwara, in connection with which the decree or order was passed is situated, or by the District Court to which the Commission directs that any decree or order shall be sent for this purpose, as if the decree or order had been a decree, or order passed by such court.
3. (3) The proceedings of the Commission shall, so far as may be subject to the provisions of this Act, be conducted in accordance with the provisions of the Code of Civil Procedure, 1908, and, save as otherwise provided by this Act, all orders of the Commission shall be final.

The Commission shall have its court and office at such place or places as the [State] Government may from time to time fix.

If a vacancy occurs in the Commission it shall be filled by the appointment by the [State] Government [of] some other qualified person in the same manner as that in which the person whose seat is to be filled was appointed.

The [State] Government may remove any member of the Commission-

1. (i) if he refuses to act or becomes in the opinion of the [State] Government incapable of acting or unfit to act as a member; or
2. (ii) if he has absented himself for more than three consecutive meetings of the commission ; or
3. (iii) if it is satisfied after such enquiry as it may deem necessary that he has flagrantly abused his position as a member; [or]
4. (iv) if he has served as a member for more than two years.

The members of the Commission shall elect one of them to be president of the Commission.

1. (2) If the members of the Commission are unable within ten days of the constitution of the Commission to elect a president by a majority of votes, a president may be appointed by the [State] Government.
2. (3) No proceedings shall be taken by the Commission unless at least two members are present and sitting together: provided that notices and summons may be issued by the president or a member nominated by the president for this purpose, sitting alone.
3. (4) If the president is not present the two members present shall decide which of them shall preside, and the member decided upon shall perform the duties of president.

In case of difference of opinion between the members of the Commission the opinion of the majority shall prevail: provided that, if only two members are present of whom one is the president and if they are not in agreement, the opinion of the president shall prevail; and if the president is not present, and the two remaining members are not agreed, the question in dispute shall be kept pending until the next meeting of the Commission at which the president is present, and the opinion of the majority or of the president when only two members are present shall be deemed to be the opinion of the Commission.

The costs, charges and expenses of, and incidental to, any proceedings of the Commission shall be in the discretion of the Commission, and the Commission may in disposing of any proceedings direct that the whole or any part of such expenses shall be paid by any party to such proceedings or out of the property or income of the notified Sikh Gurdwara to which the proceedings relate.

The [State] Government may at any time, when there is no proceeding pending before the Commission, dissolve the Commission.

If it is necessary to decide for the purposes of the constitution of the Board or a committee, under the provisions of this Act, whether a person has or has not become a patit the question shall on application being made thereto for this purpose be decided by the Commission.

Constitution of committees of management of certain gurdwaras.

Committees of gurdwaras other than those specified in section 85.

[Omitted].

Constitution of committees not specially provided for.

Constitution of committees : publication of constitution and effect thereof.

Election of members.

Qualification for election to a committee.

Qualification for nomination to a committee.

Qualifications of electors.

Right to vote.

Period of continuance of committees.

A. Incorporation of committees.

Effect of subsequent disability to serve as member of a committee.

Vacancies in committees other than those specified in section 85.

[Omitted.]

Committees to meet at least three times a year.

Notice of meetings.

Quorum of committee.

Presidents and Vice-Presidents of committees.

Decisions of questions before committees.

Minutes to be recorded.

Resignation of president and members of committee.

A. Servants of the Committee, their appointment and punishment.

Exclusion of Board acting as committee from operation of this chapter.

Objects on which the funds of gurdwaras may be spent.

A. Utilization of surplus income.

Annual contribution to Board.

A. Research fund. Notwithstanding anything contained in this Act there shall be established a research fund of the Board to which the Board shall contribute at least twenty thousand rupees per annum from the fund of the Board or from the income of the Gurdwara managed by the Board under section 85 for the purpose of carrying out research in Sikh history and publication of books and journals in connection therewith. Any income realized from the sale of such publications or any contributions made by the public in this behalf shall also be credited to the research fund. This fund shall be administered by a Committee consisting of five persons appointed by the Board out of its members or otherwise. The Board may frame rules for the administration of this fund.

B. Religious Fund.

1. (I) There shaII be established by the Board a reIigious fund for the purposes of propagating the Sikh religion and matters connected therewith, to which shall be contiibuted by every committee of management of notified Sikh Gurdwaras as follows :

1. (a) five per centurn of its gross annual income in the case oEa committee having gross annual income exceeding five thousandrupees, but not exceeding thirty thousand rupees;
2. (b) seven per centum' of its gross annual income in the case of a commit& having gross annual income exceeding thirty th:ous&d rupees but not exceeding fifty- thousad hpees;
3. (c) ten per centurn of its gross annual income in the case of a committee having gross annual income exceeding fifty thousand rupees but not exceeding one lakh and fifty thousand rupees; and (4 fifteen per centum of its gross mual income in the case of a committee having gross annual income exceeding one lakh and Bfly thousand rupees.

1. (2) (g ' [Tllis fund shall be administered by a committee consisting of the President ofthe Board and seven persons appointed by the Board in gencral meeting out of its 'members other than the members and offlice-bearers of the Executive Committee except the President or othenvise in the prescribed manner: Provided that if a member of the above Committee is elected a member or ofice-bearer ofthe Executive Committee of the Board except the President, he shall cease to be a member of the said Committee after such election.]
   • (ii) The Board in general meeting may erne rules for the administration of this fund.
   • (iii) The term of this committee shall expire on the expjl of the term of the Board appointing it.

C. All the provisions of this Act relating to the, administration Research, and deposit of the General Board Fund and other trust finds shall, as religious fund far as may be, apply to the iunds established under sections 1 08-A and by governed 108-B.]

Funds held in trust by the Board for specified purposes.

110. Every sum made over to the Board under the provisions of this Act by a committee of a Notified Sikh Gurdwara or otherwise received by the Board for a specified religious, charitable, '[industrial 1 or educational purpose shall be held by the Board as a trust and shall be devoted to the purpose speciiicd.

Every sum other than a sum specified in section 107, 109 or 110 or sub-section (2) of section 124 or sub-section (8) of section 137 shall be placed to the credit of a fund to be called the General Trust Fund out of which the Board in general meeting may from he to time make allotments for the discharge of any obIigations legally incurred in connection therewith or for such religious, charitable, '[indusbial], or educational purpose as the Board may consider proper or for grants-in-aid for thc maintenance or scrvice of Notified Sikh Gurdwaras.

Sepmte hds to be rnaintair~ed for each inut.

Trust funds to be deposited in bank.—All trust funds of a notified Sikh Gurdwara in the hands of a Committee shall be deposited in a scheduled bank or in a post office savings bank or in such other manner as may be prescribed: Provided that such funds may be invested in any securities in which trust funds may be invested by a trustee under the law for the time being in force.

1. (1) The Board shall maintain regular accounts showing receipts on account of and expenditure out of the General Board Fund and separate similar accounts for each fund established under the provisions of section 112 and for the General Trust Fund.
2. (2) Any person having interest in a Notified Sikh Gurdwara, shall, on application being made to the Board, be furnished with a copy, certified to be correct by the president or other member of the executive committee au thorised by the president on this be half, of the whole or o C any specified part of such account.
3. (3) The Board shall charge for copies of accounts furnished under the provisions of sub-section (I) such fees as are charged for copies of records under the control of Deputy Commissioners of districts under the rules for the time being in force in Punjab.

1. (I) The accounts described in section 114 shall be audited and examined once in every year by such auditor as may from time to time be appointed by the [State] Government.
2. (I) For the purposes of any such audit and examination of accounts the auditor may, by a demand in writing, require from the Board or any member or servant of the Board the produclion before him of all books, deeds, vouchers and all other documents and papers, which he deems necessary, and may require any person holding or accountable for any such books, deeds, vouchers, documents or papers to appear before him at any such audit and examination, and to answer all questions which may be put to him with respect to the same or to prcpare and submit any fkther stalement which such auditor may consider necessary.

Auditor's report.—(1) The auditor shall, as soon as possible after the completion of the audit, or if the Board or committee so requires, in the course of the audit, submit an audit report to the Board or committee, as the case may be.

1. (2) The auditor's report shall refer to all cases of irregular or illegal expenditure and to any failure or omission to recover moneys or other property due to the Board or committee and to any loss or waste of money or other property caused by neglect or misconduct and shall also make a report on any other matter relating to the accounts on which the auditor may think fit to make a report.
2. (3) The auditor shall state in his report whether in his opinion the accounts are properly kept and the books and accounts of the Board or committee reflect the true financial position of the Board or committee.

Board to consider auditor's report.

Payment of expenses of audit.

Budget of Board.

Accounts to be maintained by committees.

Audit of committee's accounts.

Report of audtor.

Budget of committees.

Recovery of con~jbutions.

Powers and duties or he Board generalIy.

[Orrked].

Board may hold and adrmnisler trusts.

A. Collecdon of dues payable ro notified Sikh Gurdwaras lefl in Pakistan.

B. Mode of spending money belonging to notified Sikh Gurdwaras left in Pakistan.

1. (1) Notwithstanding any other provision of this Act, any sum of money belonging to any notified Sikh Gurdwara left in the territory, now known as Pakistan, and deposited with or received by the Board in pursuance of the provisions of section 127-A on behalf of such Gurdwara shall be spent by the Board in the first place for the discharge of obligations legally incurred in connection with such Gurdwara, for the payment of allowances or salaries of the dependents, officers and servants connected with it and for its maintenance and improvement.
2. (2) When after providing for the purposes specified in sub-section (1), there remains or appears likely to remain any surplus sum, or any portion of the deposit is not required for such purposes, it may be used for such religious, charitable, educational or industrial purposes under the control and management of the Board or by appointment of special committees or trusts elected by a majority of the Members of the Board in a general meeting as the Board, in a general meeting, may determine.

Control by Board over executive committee.

The Board in general meeting may at any time call upon its executive committee to report upon any matter within the jurisdiction of the Board and may require the executive committee to take any such action as lies under the provisions of this Act within the powers of the Board.

What matters may be discussed by Board in general meeting.

The Board in any meeting may consider and discuss any matter with which it has power under this Act to deal and any matter directly connected with the Sikh religion but shall not consider or discuss, or pass any resolution or order upon, any other matter.

Settling of schemes of administration.

1. (1) When at anytime the committee or the Board is of opinion that for the proper administration of the property, endowments, funds and income of a Notified Sikh Gurdwara a scheme should be settled the Board and the committee shall consult together and if they agree upon a scheme, the scheme shall be described in writing and the committee shall give effect thereto.
2. (2) If at such consultation the committee and the Board do not agree upon a scheme, the committee or the Board may apply to the Commission and the Commission, after hearing such members of the committee and of the Board, respectively, as may be deputed for this purpose by the committee and the Board, respectively, and any such other persons as it may consider proper to hear, may itself settle such scheme as it considers just and proper and pass an order giving effect thereto.
3. (3) When at any time the committee and the Board, after consultation together, are of opinion that a scheme settled under the provisions of sub-section (1) or sub-section (2) should, in the interests of the proper administration of the property, endowments, funds and income of the gurdwara, be set aside or modified, and the committee and the Board are in agreement in respect of the matter, the decision of the Board and the Committee shall be recorded and effect thereto given by the committee.
4. (4) If the committee or the Board is of opinion that in the interests of the proper administration of the property, endowments, funds or income of a Notified Sikh Gurdwara a scheme settled under the provisions of sub-section (1) or sub-section (2) should be set aside or modified, and the Board and the committee are not in agreement upon the matter, the committee or Board may apply to the Commission to have the scheme set aside or modified as desired, and the Commission, after hearing such members of the committee and of the Board, respectively, as may be deputed for this purpose by the committee and the Board, respectively, and any such other persons as it may consider proper to hear, may itself set aside or settle such scheme as it considers just and proper and pass an order giving effect thereto.
5. (5) Scheme framed under this section shall have force of law.

Exclusion of Board, acting as a committee from operation of section 130.

Nothing contained in section 130 shall apply to the committee constituted under the provisions of section 85.

Power of Board to make bye-laws.

1. (1) The Board may in general meeting make bye-laws, not inconsistent with this Act, regulating its procedure, and the fees to be levied under the provisions of sub-section (8) of section 137, provided that the Board shall not, without the previous sanction of the State Government, make any bye-law--
   • (a) prescribing the form in which the budgets of the Board and of committees shall be presented;
   • (b) providing for the custody and investment of the funds of the Board and prescribing the procedure by which sanction of the Board may be accorded to the deposits of surplus funds in specified banks;
   • (c) prescribing the qualification of candidates for membership of the Board and committees; and provided further that no bye-law falling within the purview of clause (c) shall impose any disqualification upon a Sikh only because he is a Sahjdhari Sikh.
2. (2) All bye-laws requiring the previous sanction of the State Government under the provisions of sub-section (1) shall when made be published in the "Official Gazette."
3. (3) Bye-laws framed under this section shall have force of law.

General powers of committees.

Subject to the provisions of this Act, a committee shall have full powers of control over the office-holders and dependents of, and all properties and income of whatever description belonging to the gurdwara or gurdwaras under its management and of enforcing the proper observance of all ceremonies and religious observances in connection with such gurdwara or gurdwaras and of taking all such measures as may be necessary to ensure the proper management of the gurdwara or gurdwaras and the efficient administration of the property, income and endowments thereof.

Powers of committees to dismiss office-holders.

The committee may suspend or dismiss any office-holder, provided that it shall not dismiss a hereditary office-holder or a minister unless it finds that such office-holder or minister--

1. (a) makes persistant default in the submission of budgets, accounts, reports or returns which it is his duty to submit, or
2. (b) wilfully disobeys lawful orders issued by the committee, or
3. (c) is guilty of any malfeasance, misfeasance, breach of trust or neglect of duty in respect of a trust, or
4. (d) has misappropriated or improperly dealt with the properties of the gurdwara, or
5. (e) is of unsound mind or physically unfit to discharge the functions of his office, or
6. (f) is guilty of misconduct of such a character as to render him morally unfit for his office; or
7. (g) fails persistently to perform his duties in connection with the management or performance of public worship or the management or performance of any rituals and ceremonies in accordance with the teachings of Sri Guru Granth Sahib, or
8. (h) has ceased to be a Sikh : Provided that nothing contained in the provisions of this section shall debar the committee from prescribing with the approval of the Board the maximum period of service or age limit for its employees, including the ministers of the Gurdwaras under its management. After the prescribed period of service or age limit, the employees, including the ministers shall have to retire.

Procedure when hereditary office-holder or minister is dismissed

Appointment of minister and office-holders

Registers to be kept for gurdwaras

Alienation of immovable trust property

Power of committee to make regulations

Power of committee to make regulations for offering at Sikh Gurdwara

Salaries of office-holders to be their property

Right of interested persons to complain to Commission in respect of misfeasance, etc.—

1. (1) Any Sikh or any person appointed to a committee or the Board may file a petition before the Commission complaining that any office-holder or any member or servant of a committee or the Board has been guilty of misfeasance, breach of trust or any illegal act or neglect of duty in respect of the endowment or in respect of the affairs of the Gurdwara or institution.
2. (2) The Commission may, if it finds the complaint to be correct, pass such order as it may deem proper.

Notice of application to be given.— No petition shall be entertained by the Commission under the provisions of section 142, unless a notice of the application is given to the Board or Committee concerned in the manner prescribed.

Government not to interfere with gurdwara, except as provided by this Act or any other Act.— No officer of the State Government shall, in the discharge of his official duties, in any way interfere with the management, or with any office-holder, or any member of the Board or of a Committee, of a Notified Sikh Gurdwara, except as provided by this Act or by any other Act.

Power to denotify or exempt non-historical gurdwaras.— The State Government may, by notification, denotify any Gurdwara which is not a historical Gurdwara, or exempt the same from the provisions of this Act.

Act of Board or Committee not to be invalidated by informality.— No act of the Board or of a Committee or of any person acting as a member thereof shall be deemed to be invalid by reason only of a defect in the establishment, or in the appointment of a member or of a person acting as a member, or by reason of there being a vacancy in the Board or Committee at the time of the performance of the act.

Power of State Government to make rules.—

1. (1) The State Government may make rules to carry out the purposes of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for—
   • (a) the procedure to be followed in proceedings before the Commission or the Tribunal;
   • (b) the fees to be charged in any petition or proceeding under this Act;
   • (c) any other matter which is required to be or may be prescribed under this Act.

Power of the State Government to invest with judicial powers officers appointed to enquire into conduct of elections.— The State Government may invest any officer appointed by it to enquire into the conduct of elections with such judicial powers as it may deem necessary for the purpose of such an enquiry.

Language of the Commission.— The language of the Commission shall be such as the Commission may determine.

Repeal.— The Sikh Gurdwaras and Shrines Act, 1922, is hereby repealed.

Additional members of the Board constituted under section 43 and Executive Committee constituted under section 62.—

1. (1) Notwithstanding anything contained in this Act, the State Government may, by notification, appoint additional members to the Board constituted under section 43 and the Executive Committee constituted under section 62 for such period and on such terms and conditions as may be specified in the notification.
2. (2) The additional members so appointed shall be deemed to be members of the Board or the Executive Committee, as the case may be, for all purposes of this Act.

C. Notwithstanding anything contained in this Act, every local committee in the extended territories functioning for the management of one or more Gurdwaras under the control of the Interim Gurdwara Board, Patiala immediately before the commencement of the Amending Act, shall till the constitution of the new Committees, be deemed to be a Committee for such Gurdwaras under this Act.

D. Every person in the extended territories who, immediately before the commencement of the Amending Act, is an employee of the Interim Gurdwara Board, Patiala, or of a local Committee functioning under such Board, shall on and from such commencement he transferred to and become a servant of the Board or of the Committee, as the case may be, shall hold office on the same terms and conditions of service as he would have held if the Amending Act had not been passed and shall continue to do so unless and until such terms and conditions are duly altered by the Board or the Committee, as the case may be.

E. As from the commencement of the Amending Act,-

1. (a) all lands and buildings (together with all interests of whatsoever nature or kind therein) belonging to or owned by the Interim Gurdwara Board, Patiala, immediately before such commencement shall pass to and vest in the Board;
2. (b) all assets including stores, articles, and movable properties belonging to the Interim Gurdwara Board, Patiala, immediately before such commencement and utilized for or in connection with the Interim Gurdwara Board, Patiala, shall pass to and vest in the Board;
3. (c) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Interim Gurdwara Board, Patiala, immediately before such commencement, shall be deemed to have been incurred, entered into, engaged to be done by, with or for the Board;
4. (d) all rents and other sums of money due to the Interim Gurdwara Board, Patiala, immediately before such commencement shall be deemed to be due to the Board;
5. (e) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against the Interim Gurdwara Board, Patiala, immediately before such commencement may be continued or instituted by or against the Board.

F. If any difficulty arises in giving effect to the provisions of this Act in the extended territories, the State Government may, by order as occasion requires, do anything, which appears, to it to be necessary for the purpose of removing the difficulty.

1. (1) No person shall convene, hold or attend any public meeting within any constituency on the date or dates on which a poll is taken for an election in that constituency.
2. (2) Any person who contravenes the provisions of sub-section
3. (1) shall be punishable with fine which may extend to two hundred and fifty rupees.

1. (1) Any person who at a public meeting to which this section applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together, shall be punishable with fine which may extend to two hundred and fifty rupees.
2. (2) This section applies to any public meeting of a political character held in any constituency between the date of the issue of a notice under the Sikh Gurdwaras Board or Committee Election Rules, framed under this Act calling upon the constituency to elect a member or members and the date on which such election is held.
3. (3) If any police officer reasonably suspects any person of committing an offence under sub-section (1), he may, if requested so to do by the chairman of the meeting, require that person to declare to him immediately his name and address and, if that person refuses or fails so to declare his name and address or if the police officer reasonably suspects him of giving a false name or address, the police officer may arrest him without warrant.

1. (1) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain, and aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy.
2. (2) Any person who contravenes the provisions of sub- section (1) shall be punishable with imprisonment for a term which may extend to three months or with fine or with both.

1. (1) No person who is a Returning Officer or a presiding or polling officer at an election, or an officer or clerk appointed by the Returning Officer or the presiding officer to perform any duty in connection with an election shall in the conduct or the management of the election do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate.
2. (2) No such person as aforesaid, and no member of a police force, shall endeavour :-
   • (a) to persuade any person to give his vote at an election, or
   • (b) to dissuade any person from giving his vote at an election, or
   • (c) to influence the voting of any person at an election in any manner.
3. (3) Any person who contravenes the provisions of sub- section (1) or sub-section (2) shall be punishable with imprisonment which may extend to six months or with fine or with both.

1. (1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred yards of the polling station, namely :-
   • (a) canvassing for votes ; or
   • (b) soliciting the vote of any elector ; or
   • (c) persuading any elector not to vote for any particular candidate ; or
   • (d) persuading any elector not to vote at the election; or
   • (e) exhibiting any notice or sign (other than an official notice) relating to the election.
2. (2) Any person who contravenes the provisions of sub- section (1) shall be punishable with fine which may extend to two hundred and fifty rupees.
3. (3) An offence punishable under this section shall be cognizable.

1. (1) No person shall, on the date or dates on which a poll is taken at any polling station,-
   • (a) use or operate within or at the entrance of the polling station, or in any public or private place in the neighbourhood thereof any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker, or
   • (b) shout, or otherwise act in disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof so as to cause annoyance to any person visiting the polling station or the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station.
2. (2) Any person who contravenes, or wilfully aids or abets the contravention of, the provisions of sub-section (1) shall be punishable with imprisonment which may extend to three months or with fine or with both.
3. (3) If the presiding officer of a polling station has reasons to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person and thereupon the police officer shall arrest him.
4. (4) Any police officer may take such steps and use such force, as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1), and may seize any apparatus used for such contravention.

1. (1) Any person who during the hours fixed for the poll at any station misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer.
2. (2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
3. (3) If any person who has been so removed from a polling station re-enters the polling station without the permission of the presiding officer, he shall be punishable with imprisonment for a term which may extend to three months or with fine or with both.
4. (4) An offence punishable under sub-section (3) shall be cognizable.

If any person is guilty of any such corrupt practice in respect of illegal hiring or procuring of conveyances as is specified in the Sikh Gurdwaras Election Enquiries Rules, framed under this Act at or in connection with election, he shall be punishable with fine which may extend to two hundred and fifty rupees.

1. (1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees.
2. (2) No suit or other legal proceedings, shall lie against any such person for damages in respect of any such act or omission as aforesaid.
3. (3) The persons to whom this section applies are the Deputy Commissioners, Returning Officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with the preparation of an electoral roll, the receipt of nominations or withdrawal of candidatures, or the recording or counting of votes at an election; and the expression "official duty" shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by or under the Sikh Gurdwaras Board or Committee Election Rules framed under this Act.

1. (1) Any person who at any election fraudulently takes, or attempts to take, a ballot-paper out of a polling station, or wilfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupees or with both.
2. (2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer : Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
3. (3) Any ballot-paper found upon the person arrested on search shall be made over for safe custody to a police officer by the presiding officer, or when the search is made by a police officer, shall be kept by the officer in safe custody.
4. (4) Any offence punishable under sub-section (1) shall be cognizable.

Other offences and penalties therefor.

1. (1) If any person at any election is guilty of any act or omission in contravention of the provisions of this Act or of any rule made thereunder for which no other penalty is provided, he shall be punishable with fine which may extend to two hundred rupees.
2. (2) If any person is convicted of an offence mentioned in sub-section (1), he shall be disqualified from being elected or from sitting as a member of the Board, or of any Committee for a period of six years from the date of his conviction.

Prosecution regarding certain offences. No prosecution for a criminal offence under this Act shall be instituted except on the complaint of the Commissioner, Gurdwara Elections, or of such officer as may be authorised by him in this behalf.

Amendment of Act V of 1898. In Section 5 of the Code of Criminal Procedure, 1898, for the proviso to sub-section (2) the following proviso shall be substituted, namely:— Provided that nothing in this Code shall affect any special or local law now in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force, or shall apply to—

1. (a) any proceedings under the Sikh Gurdwaras Act, 1925;
2. (b) the Commissioner, Gurdwara Elections, or any officer exercising powers under the said Act.

-42 43.

1. (1) The Board shall consist of—
   • (i) one hundred and thirty-two elected members;
   • (ii) the head ministers of the Darbar Sahib, Amritsar and the following four Takhats, namely,— The Sri Akal Takhat Sahib, Amritsar; the Sri Takhat Kesgarh Sahib, Anandpur; the Sri Takhat Patna Sahib, Patna and the Sri Takhat Hazur Sahib, Hyderabad Deccan;
   • (iii) twenty-one members resident in India of whom at least twelve shall be residents of PEPSU, at least nine of other parts of India than Punjab and PEPSU and not more than four of Punjab, co-opted by the members of the Board as described in clauses (i) and (ii).
2. (2) The State Government shall, as soon as may be, call a meeting of the members of the Board described in clauses (i) and (ii) of sub-section (1) for the purpose of co-opting the members described in clause (iii) of that sub-section, and after the members have been co-opted, the State Government shall notify the fact of the Board having been duly constituted and the date of the publication of the notification shall be deemed to be the date of the constitution of the Board.

Schedule II [See Section 7]

Schedule IV ("[Omitted]")

-42 43. (1) The Board shall consist of— (i) one hundred and thirty-two elected members; (ii) the head ministers of the Darbar Sahib, Amritsar and the following four Takhats, namely,— The Sri Akal Takhat Sahib, Amritsar; the Sri Takhat Kesgarh Sahib, Anandpur; the Sri Takhat Patna Sahib, Patna and the Sri Takhat Hazur Sahib, Hyderabad Deccan; (iii) twenty-one members resident in India of whom at least twelve shall be residents of PEPSU, at least nine of other parts of India than Punjab and PEPSU and not more than four of Punjab, co-opted by the members of the Board as described in clauses (i) and (ii). (2) The State Government shall, as soon as may be, call a meeting of the members of the Board described in clauses (i) and (ii) of sub-section (1) for the purpose of co-opting the members described in clause (iii) of that sub-section, and after the members have been co-opted, the State Government shall notify the fact of the Board having been duly constituted and the date of the publication of the notification shall be deemed to be the date of the constitution of the Board.

Schedule II [See Section 7] Serial No. District Revenue Estate Name of Institution 1 Amritsar Amritsar City Akhara Santokh Dass Mahant Brahm Bura 2 Amritsar Amritsar City Akhara Bala Nand 3 Amritsar Amritsar City Mra Pritam Das or Nirban Katra 4 Amritsar Amritsar City Akhara Kanshiwala, inside Sultanwind Gate 5 Amritsar Amritsar City Akhara Beriwal 6 Amritsar Amritsar City Akhara Chatterval 7 Amritsar Amritsar City Akhara Chtta 8 Amritsar Amritsar City Akhara Nuban Baw Tehldas 9 Amritsar Amritsar City Akhara Kanshiwala Chi Mandi 10 Amritsar Amritsar City Akhara Bibeksar 11 Amritsar Amritsar City Akhara Sangalwala 12 Amritsar Amritsar City Dera Mahant Misn Singh 13 Amritsar Amritsar City Dera Thakran 14 Amritsar Amritsar City Dera Antarjamian 15 Amritsar Amritsar City Dera Bhai Pardurnan Singh 16 Amritsar Amritsar City Nirmal Chhetar 17 Amritsar Amritsar City Dera Mahant Gurmukh Singh 18 Amritsar Amritsar City Dera Punchian 19 Amritsar Amritsar City Dera Mahant Bahawal Singh 20 Amritsar Amritsar City Dera Gian Bakhshish Singh 21 Amritsar Amritsar City Dera Mulk Basant Singh 22 Amritsar Amritsar City Dera Baba Budh Singh 23 Amritsar Amritsar City Dera Sainlok Ram Singh 24 Amritsar Amritsar City Dera Warianwala 25 Amritsar Amritsar City Dera Baba Joga Singh 26 Amritsar Amritsar City Dera Bhai Sewa Singh 27 Amritsar Amritsar City Dharamsaal Bhai Saini 28 Amritsar Amritsar City Dera Chatterval 29 Amritsar Amritsar City Dharamala Brahm Huzura, opposite Akhara Balanana 30 Amritsar Amritsar City Dharamala Baba Rattan Hari 31 Amritsar Amritsar City Dharamala Baba Mela Ram 32 Amritsar Amritsar City Dharamala Baba Har Das 33 Amritsar Amritsar City Dera Gyani Babek Singh 34 Amritsar Amritsar City Dera Bhai Tara Singh 35 Amritsar Amritsar City Dera Sant Mohan Singh 36 Amritsar Amritsar City Dera Sant Nihal Singh 37 Amritsar Amritsar City Dera Bagh Baba Saran Das 38 Amritsar Amritsar City Dera Baba Chann Shah 39 Amritsar Amritsar City Dhakki 40 Amritsar Amritsar City Deha 41 Amritsar Amritsar City Mastgarh 42 Amritsar Amritsar City Dharamsala 43 Amritsar Amritsar City Chh Chati 44 Amritsar Amritsar City Dera Maru Das 45 Amritsar Amritsar City Bhaini Sahib 46 Amritsar Amritsar City Dera Gur Parshad 47 Amritsar Amritsar City Dera Puran Das 48 Amritsar Amritsar City Dera Guru Granth Sahib, Gurmukh Das 49 Amritsar Amritsar City Dera Bhai Gulab Singh 50 Amritsar Amritsar City Dera Bhai Bhajan Singh 51 Amritsar Amritsar City Dera Bhai Malgai Singhwala 52 Amritsar Tarn Taran Dera Bhai Chanda Singh 53 Amritsar Tarn Taran Dera Bhai Mastan Singh 54 Amritsar Tarn Taran Dera Bhai Ran Singh 55 Gurdaspur Qadian Dera Bhai Rattan Hari 56 Gurdaspur Batala Dera Rattan Hari 57 Gurdaspur (Revenueestate No. 211) Dera Baba Rattan Hari 58 Hoshiarpur Tooto Majra Dera Baba Mela Ram 59 Hoshiarpur Maili Dera Baba Har Das 60 Hoshiarpur Amarvalpur Dera Gyani Babek Singh 61 Hoshiarpur Bhaini Dera Bhai Tara Singh 62 Hoshiarpur Baraich Dera Sant Mohan Singh 63 Hoshiarpur Gurah Dera Sant Nihal Singh 64 Hoshiarpur Samadh Bhai Dera Bagh Baba Saran Das 65 Hoshiarpur Gholia Khurd Dera Baba Chann Shah 66 Hoshiarpur Nathuwala Dhakki 67 Hoshiarpur Zira Deha 68 Hoshiarpur Rania Mastgarh 69 Hoshiarpur Muktsar Dharamsala 70 Hoshiarpur Hade Kalan Chh Chati 71 Jullundur Jullundur Dera Maru Das 72 Ludhiana Ludhiana Bhaini Sahib 73 Ludhiana Ludhiana Dera Gur Parshad 74 Ludhiana Ludhiana Dera Puran Das 75 Ferozepore Ferozepore Dera Guru Granth Sahib, Gurmukh Das 76 Ferozepore Ferozepore Dera Bhai Gulab Singh 77 Ferozepore Ferozepore Dera Bhai Bhajan Singh 78 Ferozepore Ferozepore Dera Bhai Malgai Singhwala 79 Ferozepore Ferozepore Dera Bhai Chanda Singh 80 Ferozepore Ferozepore Dera Bhai Mastan Singh 81 Ferozepore Ferozepore Dera Bhai Ran Singh 82 Ferozepore Ferozepore Dera Bhai Rattan Hari 83 Ferozepore Ferozepore Dera Rattan Hari 84 Ferozepore Ferozepore Dera Baba Rattan Hari 85 Ferozepore Ferozepore Dera Baba Mela Ram 86 Ferozepore Ferozepore Dera Baba Har Das 87 Ferozepore Sekhwan Dera Sekhwan 88 Hissar Kewal Dera Mahant Bishudhanand 89 Hissar Kalanwali Dera Kewal 90 Hissar Takhtmal Dera Mahant Chetanand 91 Hissar Shahabad Dera Kalanwali 92 Karnal Thanesar Dera Sadh Charan Das, Devi Tal 93 Karnal Thanesar Bara Akhara, Kurukshetra 94 Karnal Thanesar Chhota Akhara, Kurukshetra 95 Karnal Sirsala Dera Kurukshetrawala (known as Dera Mahant Sampuran Singh) 96 Karnal Fatehgarrh Dera Sadh Charan Das 97 Karnal Jharali Dera Fateh Jharauli 98 Karnal Law Dera Bishan Das Sadh 99 Karnal Sap Dera Ashi Ram Kishan Sadh 100 Karnal Karnal Dera Bawa Prem Dass 101 Karnal Karnal Dera Sadh Jamna Das 102 Karnal Karnal Dera Udasain 103 Karnal Karnal Dera Udasain 104 Karnal Ladwa Dera Harnam Das Sadh 105 Karnal Kanipla Dera Sadh 106 Karnal Khurdban Dera Sadh Lachhman Das 107 Karnal umri Dera Sadh Mohan Dass 108 Karnal Bapdi Dera Sadhni 109 Karnal Jogi Mazra Dera Nirmala Singh 110 Karnal Khera Sudhpur Dera Mahant Charan Dass (known as Chhota Akhara) 111 Karnal Bapauli Dera Mahant Deva Das (known as Bara Akhara) 112 Karnal Mehr Dera Mahant Nanak Das (known as Dera Nirmala) 113 Karnal Nalvi Mahman Singh Dera Udasain 114 Karnal Pehowa Dera Nirmala Sikhan, Bhagal 115 Karnal Pehowa Dera Udasian 116 Karnal Pehowa Dera Prem Das

Schedule IV ("[Omitted]")