section 2
Definitions
The Sikh Gurdwaras Act, 1925General1925170 of 183 sections available
Statutory text
In this Act, unless there is anything repugnant in the subject or context-
- (1) "Board" means the Board constituted under the provisions of part III.
- (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.
- (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.
- (6) "Prescribed" means prescribed by the State Government by rules made under this Act.
- (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.
- (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.
- (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.
- (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.
- (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.
- (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.
- (13) "Treasury" means a Government Treasury or sub-treasury and includes any bank to which the Government treasury business has been made over.
- (14) "Tribunal" means a tribunal constituted under the provisions of section 12.
- (15) "Election" means an election to fill a seat or seats in the Board or Committee constituted under sections 43, 86 or 87.
- (16) "Constituency" means a constituency for the election of a member or members of the Board or Committee.
- (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.
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