Issue as to whether a gurdwara is a Sikh Gurdwara to be decided first and how issue is to be decided

The Sikh Gurdwaras Act, 1925

General1925170 of 183 sections available

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Statutory text

(1) Notwithstanding anything contained in any other law in force, if in any proceeding before a tribunal it is disputed that a gurdwara should or should not be declared to be a Sikh Gurdwara, the tribunal shall, before enquiring into any other matter in dispute relating to the said gurdwara, decide whether it should or should not be declared a Sikh Gurdwara in accordance with the provisions of sub-section (2).
(2) If the tribunal finds that the gurdwara—
- (i) was established by, or in memory of any of the Ten Sikh Gurus, or in commemoration of any incident in the life of any of the Ten Sikh Gurus and [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) 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.

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