The Sikh Gurdwaras Act, 1925

S.PART I

S.Chapter I PRELIMINARY

S.Chapter II PETITIONS TO STATE GOVERNMENT RELATING TO GURDWARAS

S.4 Effect of omission to forward a list under section 3

If in respect of any gurdwara specified in Schedule I no list has been forwarded under the provisions of sub-section (1) of section 3, the 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.

S.5 Petitions of claim to property included in a consolidated list

(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) 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.

S.6 Claim for compensation by hereditary office-holder of a Notified Sikh Gurdwara or his presumptive successor

Claim for compensation by a hereditary office-holder of a Notified Sikh Gurdwara or his presumptive successor. (Refer to corresponding provisions for full text).

S.12 Constitution and procedure of tribunal for the purposes of the Act

(1) For the purpose of deciding claims made in accordance with the provisions of this Act the 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) A tribunal shall consist of a president and two other members appointed by notification by the State Government.

(3) The president of a tribunal shall be a person who is or has been, a Judge of the High Court and each other members shall be—

• (i) a District Judge or a Subordinate Judge of the first class, or
• (ii) a barrister of not less than ten year's standing, or
• (iii) a person who has been a pleader of any High Court for an aggregate period of not less than ten years.

S.18 Presumption in favour of Notified Sikh Gurdwara on proof of certain facts when a claim to property is made by an office-holder

(1) In any proceedings before a tribunal, if any past or present office-holder denies that a right, title or interest recorded, in his name or in that of any person through whom he claims, in a record of rights, or in an annual record, prepared in accordance with the provisions of the 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 any thing contained in section 44 of the said Act, be a presumption that such right, title or interest belongs to the gurdwara upon proof of any of the following facts, namely:—

• (a) an entry of the right, title or interest made before the first day of January, 1920, in a record-of-rights, prepared at the time of a general assessment of the land revenue, in the name of the gurdwara or in the name of the holder of an office pertaining to the gurdwara as such, and not by name;
• (b) an assignment of the land revenue of, or of the proprietary right in, land at any time for the service or maintenance of the gurdwara notwithstanding that the assignment may be or may have been in the name of an office-holder, where the right claimed is an assignment of the land revenue of, or of the proprietary right in, the land, as the case may be;
• (c) the dismissal or removal of an office-holder before the first day of January, 1920, and consequent transfer of the right, title or interest in question to his successor in office;
• (d) the expenditure of the whole or part of the income derived from the right, title or interest in question ordinarily on the service or maintenance of the gurdwara;
• (e) the acquisition of the right, title or interest in question from funds proved to have belonged to the gurdwara;
• (f) the submission by the office-holder or any of his predecessors in office of accounts relating to the income from the right, title or interest in question to the worshippers or to a managing body;
• (g) the devolution of the succession to the right, title or interest in question from an office-holder to the successor in office as such on two or more consecutive occasions;
• (h) any other fact which shows that the right, title or interest in question was at any time of the nature of a trust pertaining to the gurdwara or was purchased from funds of the nature of trust funds pertaining to the gurdwara.

S.20 Claim for compensation by a hereditary office-holder who has resigned or been dismissed

Any hereditary office-holder of a Notified Sikh Gurdwara who, within twelve months after the date of the publication of a notification declaring the gurdwara to be a Sikh Gurdwara, has resigned office, or been removed from office otherwise than in accordance with the provisions of section 134 or under the provisions of section 142 or a presumptive successor of such office-holder, may within ninety days from the date of the resignation or removal, as the case may be of such office-holder present a petition to a tribunal claiming to be awarded compensation on the ground that he has suffered or will suffer pecuniary loss owing to a change in the management of the gurdwara, and the tribunal may, notwithstanding the fact that such office-holder has voluntarily resigned, order compensation to be paid in accordance with the provisions of this Act, as if such office-holder had been unlawfully removed from his office.

S.21 Claim for compensation by person alleging right to nominate office-holder of a Notified Sikh Gurdwara

When a notification has been published under the provisions of this Act declaring a gurdwara to be a Sikh Gurdwara, any person claiming that the right to nominate an office-holder thereof was vested in him at the date of the publication, or before the first day of January, 19201[or, in the case of the extended territories, before the first day of November, 1956], may, within ninety days from the date of the publication, present a petition to a tribunal claiming to be awarded compensation on the ground that he has suffered pecuniary loss owing to a change effected after the first day of January, 19202[or, in the case of the extended territories, after the first day of November, 1956], in the system of management of such gurdwara, or that he will suffer pecuniary loss in consequence of the gurdwara being declared to be a Sikh Gurdwara ; and the tribunal may order compensation to be paid to him in the same manner as to an office-holder under the provisions of this Act.

1. Ins. by Punjab Act No. I of 1959, sec. 15.

2. Ins. by Punjab Act No. I of 1959, sec. 14.

S.22 Matters for consideration in awarding compensation

In deciding claims for compensation made under the provisions of section 6, 11 or 20, a tribunal-

• (1) may among other matters take into consideration-
  • (i) the past conduct of the claimant ;
  • (ii) the improvements to the property of the gurdwara effected by the claimant ;
  • (iii) the portion of the trust income which, by long practice and the express or implied consent of the worshippers, the holder of the office and his predecessors have been allowed to appropriate to their private use, provided that this matter, if taken into consideration shall only be so taken in determining the compensation due to an office-holder for his life time and shall not give to a presumptive successor of such office-holder any right to increased compensation, and provided also that the tribunal shall not be bound to fix the compensation on the basis of such income, but may, at its discretion, regard such income, as a ground for awarding compensation on a higher scale than it would otherwise have awarded ;
• (2) shall take into consideration-
  • (i) the past conduct of the claimant where such conduct has been or is in issue in a suit or other proceeding in a civil or revenue court instituted before the 1st December, 19241[or, in the case of the extended territories, before the commencement of the Amending Act as the case may be ;]
  • (ii) the conviction of the claimant by a criminal court for an offence which, in the opinion of the tribunal, involves moral turpitude or an order passed against him under the provisions of sections 110 and 118 of the Code of Criminal Procedure, 18982;
  • (iii) the loss of income, not being of the nature of trust income, incurred by reason of an office-holder ceasing to hold office ;
  • (iv) all rights or privileges relating to residence, subsistence, service and other recognised allowances in cash or kind formerly enjoyed by the claimant.

1. Added by Punjab Act No. I of 1959, sec. 16.

2. Now Code of Criminal Procedure, 1973.

S.23 Compensation to be paid annually out of income of gurdwara

In awarding compensation, a tribunal shall, unless the parties agree to its being paid otherwise, order it to be paid out of the income accruing to the gurdwara in which the office-holder held office in the form of an allowance, payable annually on a specified date for any period, but terminable in any case on the death of the person compensated.

S.24 Payment to heirs of person compensated

If any person to whom compensation has been ordered to be paid by a tribunal dies, his heir shall be entitled only to such sum as has become payable under the order but has not been paid provided that if compensation was ordered to be made by payment of an annual allowance for a period which has not expired before the death of the person compensated, such heir shall in addition be entitled to a sum which bears the proportion to the amount of such allowance as the period between the date on which the allowance was last payable before the death of the deceased and the date of his death bears to one year.

S.25 Manner in which compensation is to be paid and recovered if not duly paid

Every sum ordered by a tribunal to be paid out of the income of a gurdwara by way of compensation shall be deposited in the treasury of the tehsil in which the gurdwara is situated, and shall be paid to the person or persons entitled to it under such order or under the provisions of section 24 in such manner as may be prescribed and if it is not so deposited shall be recoverable out of the1[income of such gurdwara or by way of temporary alienation of the agricultural land of such gurdwara for a period which the Collector may determine.]

1. Subs. for the words "property or income of such Gurdwara by the Collector as if it were an arrear of land revenue," by Punjab Act XI of 1944, sec. 3.

S.25-A Power of tribunal to pass decrees for possession in favour of the committees of Gurdwaras

(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 ;

(2) * * * *

Note: Added by Punjab Act No. III of 1930, sec. 4. This amendment shall be applicable to all claims, petitions and suits in which the recording of evidence has not been concluded before the tribunal at the commencement of this Act,-vide section 11 of Punjab Act III of 1930. Omitted by Punjab Act No. LIII of 1953, sec. 3.

S.26 Entry of rights of gurdwara in revenue records

When it has been decided, under the provisions of this Act, that a right, title or interest in immovable property belongs to a Notified Sikh Gurdwara or when a right, title or interest in such property has been included in a list published under the provisions of sub-section (3) of section 5 or sub-section (3) of section 10, the Collector of the district in which the property is situated shall, on application being made to him on this behalf and after making such enquiry as he may deem proper as to the fact of such decision or inclusion, cause an entry to be made in the record-of-rights, if any, of the estate in which the property is situated recording the gurdwara as the owner of the right, title or interest in accordance with the provisions of the Punjab Land Revenue Act, 1887 (XVII of 1887).

S.27 Treatment of property dedicated to a Notified Sikh Gurdwara but under management of trustees

(1) When on or before the commencement of this Act any property has been dedicated or gifted to a Notified Sikh Gurdwara and a trust has been created in writing for the management of such property and for the distribution of the income accruing therefrom partly to the gurdwara and partly to another institution or to another person or to both, any trustee appointed for the purpose of such trust, or any person having interest in such gurdwara or any person having interest in such institution, or any beneficiary under the terms of such trust may within ninety days from the date of the publication of a notification declaring such gurdwara to be a Sikh Gurdwara, present a petition to a tribunal claiming that the trustees appointed under the terms of the trust should continue to manage the property and to distribute the income accruing therefrom according to the terms of the trust, and in addition may claim that the tribunal should determine what portion of the income should be allocated to any beneficiary.

(2) If the tribunal finds that the major portion of the income accruing from the property has not been allocated under the terms of the trust to such gurdwara then, notwithstanding anything contained in this Act, the tribunal shall order that such trustees shall continue to manage the property and distribute the income accruing therefrom according to the terms of the trust, and if the tribunal finds that the major portion of the income has been allocated under the terms of the trust to the gurdwara, the tribunal shall order that the committee of such gurdwara shall manage the property and distribute the income accruing therefrom according to the terms of the trust.

(3) If it is not clear from the terms of the trust what portion of the income has been allocated to any beneficiary, the tribunal may on the application of any party determine what portion of the income shall be allocated to any beneficiary.

S.28 Suits for possession of undisputed property on behalf of Notified Sikh Gurdwaras

(1) When a notification has been published under the provisions of sub-section (3) of section 5 or of sub-section (3) of section 10, the committee of the gurdwara concerned may bring a suit on behalf of the gurdwara for the possession of any property a proprietary title in which has been specified in such notification, provided that the gurdwara concerned is entitled to immediate possession of the property in question, and is not in possession thereof at the date of the publication of such notification.

(2) The suit shall be instituted in the principal court of original jurisdiction in which the property in question is situated within a period of ninety days from the date of the publication of such notification, or from the date of the constitution of the committee, whichever is later, and if a suit is not instituted within that period no subsequent suit on behalf of the gurdwara for the possession of the property shall be instituted in any court except on the ground of the dispossession of the gurdwara after the date of the publication of such notification.

S.29 Exclusion of jurisdiction of the courts

Notwithstanding anything contained in any other law or enactment for the time being in force no suit shall be instituted and no court shall entertain or continue any suit or proceedings in so far as such suit or proceeding involves-

• (1) any claim to, or prayer for the restoration of any person to an office in a Notified Sikh Gurdwara or any prayer for the restoration or establishment of any system of management of a Notified Sikh Gurdwara other than a system of management established under the provisions of Part III ;
• (2) any claim to, or prayer for the restoration of any person to an office in or any prayer for the restoration or establishment of any system of management of, any gurdwara in respect of which notification has been published in accordance with the provisions of sub-section (3) of section 7 unless and until it has been decided under the provisions of section 26 that such gurdwara should not be declared to be a Sikh Gurdwara.

S.30 Decision by courts on certain claims in certain circumstances

At any time after the commencement of this Act1[or, in the case of the extended territories, after the commencement of the Amending Act, as the case may be,] in any suit or proceeding instituted in any civil or revenue court-

• (i) If any claim is made that any right, title or interest in any property belongs to a Notified Sikh Gurdwara and the court finds that such claim might have been made in a list forwarded to the2[State Government] under the provisions of sub-section (1) of section 3 or of sub-section (2) of section 7 and that no such claim was duly made within time, the court shall decide such claim against the gurdwara on behalf of which the claim is made:

  Provided that the court need not so decide, if it is satisfied that the failure to make the claim was owing to the fact that no person who forwarded or joined in forwarding a list had knowledge of the existence of the right, title or interest that might have been so claimed and that no such person could, by the exercise of reasonable diligence, have come to know of the existence of such right, title or interest;

• (ii) if any right is claimed for any person in connection with a notified Sikh Gurdwara and the court finds that the right might have been made the subject of a claim in a petition forwarded to the3[State] Government under the provisions of sections 5, 6, 10 or 11 or presented to a tribunal under the provisions of sections 19, 20, 21 or 27 and that no such claim was duly made within time, the court shall decide the claim against the person claiming the right:

  Provided that in the case of a claim that might have been made under the provisions of section 5 or section 10 the court need not so decide if it is satisfied that the failure to make the claim was owing to the fact that the person who might have made the claim either had no knowledge of the existence of the right, title or interest that he might have so claimed or had no knowledge of the fact that the right, title or interest had been included in a list published under the provisions of sub-section (2) of section 3 or of sub-section (3) of section 7 and could not, by the exercise of reasonable diligence, have come to know of the existence of such right, title or interest, or of the fact that such right, title or interest, was so included:

  Provided further that in the case of a claim by a past or present office-holder or any person deriving title subsequent to the first day of January, 1920, from such office-holder, minority or insanity shall not, by itself, be deemed a valid reason for not having such knowledge.

1. Ins. by Punjab Act No. I of 1959, sec. 17.

2. Subs. for the expression "Central Government" (which was subs. for "State Government" by A.O. 1968) by A.O. 1973. The word "State" was Subs. for "provincial" by Adaptation of Laws Order, 1950.

3. Subs. for the word "Provincial" by Adaptation of Laws Order, 1950.

S.31 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 proceedings in so far as such proceedings involve any claim relating to a gurdwara specified in schedule I or in regard to which a notification has been published under the provisions of sub-section (2) of section 3, if such claim could have been made in a petition forwarded to the1[State] Government under the provisions of section 5 or 6, or presented to a tribunal under the provisions of sections 19, 20, 21 or 27, and was not so made, unless and until such gurdwara is deemed to be excluded from specification in schedule I under the provisions of section 4.

(2) No court shall continue any proceedings in so far as such proceedings involve any claim relating to a gurdwara in regard to which a notification has been published under the provisions of sub-section (3) of section 7, which could have been made in a petition forwarded to the1[State] Government under the provisions of section 10 or 11 or presented to a tribunal under the provisions of sections 19, 20, 21 or 27, and was not so made, unless and until it has been decided under the provisions of section 16 that such gurdwara should not be declared to be a Sikh Gurdwara.

1. Subs. for the word "Provincial" by Adaptation of Laws Order, 1950.

S.32 Transfer of suits pending in court

(1) Where in any suit or proceeding pending at the commencement of this Act or instituted after its commencement, in a civil or revenue court, it has become or becomes necessary to decide any claim in connection with a Notified Sikh Gurdwara which the court finds might be made under the provisions of sections 3, 5, 6, 7, 10, 11, 19, 20, 21 or 27, within the time prescribed therein, the court shall frame an issue in respect of such claim and shall forward the record of the suit or proceeding to a tribunal.

(2) On receiving a record forwarded to it under the provisions of sub-section (1) the tribunal shall proceed to hear and determine the issue and record its decision in the form of an order and shall return the record with a copy of its decision to the court and the court shall proceed to determine the suit or proceeding in accordance with such decision subject to the provisions of section 34.

S.33 Disputes relating to rights of office-holder after a year from commencement of Act

When any place has been declared by notification under the provisions of this Act to be a Sikh Gurdwara, the right of any office-holder thereof who holds office on the date of the publication of such notification to continue to hold his office shall be decided in accordance with the provisions of Part III.

S.34 Appeal against orders of a tribunal

(1) Any party aggrieved by a final order passed by tribunal determining any matter decided by it under the provisions of this Act may, within ninety days of the date of such order, appeal to the High Court.

(2) No appeal or application for revision shall lie against an order of a tribunal except as provided for in sub-section (1).

(3) An appeal preferred under the provisions of this section shall be heard by a Divisional Court of the High Court.

S.35 Court fees

Notwithstanding anything contained in any Act to the contrary, the court fee, payable on documents of the description specified in the second column of schedule III shall be the fee specified in each case in the third column of that schedule and shall be paid in such manner as may be prescribed.

S.36 No court to take cognizance of manner in which the State Government or tribunal exercises its power under the Act

No suit shall lie in any Court to question any thing purporting to be done by the1[State] Government or, by a tribunal, in exercise of any powers vested in it by or under this Act.

1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

S.37 Courts not to pass an order or grant or execute a decree inconsistent with decision of a tribunal

Except as provided in this Act no court shall pass any order or grant any decree or execute wholly or partly, any order or decree, if the effect of such order, decree or execution would be inconsistent with any decision of a tribunal, or any order passed on appeal therefrom, under the provisions of this Part.

S.Chapter IV Application of Provisions of Part III to Gurdwaras Found to be Sikh Gurdwaras by Courts other than a Tribunal under the Provisions of the Act

S.38 Recourse to ordinary courts in cases where action has not been taken under Part I with a view to application of provisions of Part III to a gurdwara

(1) Notwithstanding anything contained in this Act or any other Act or enactment in force any two or more persons having interest in any gurdwara in respect of which no notification declaring the gurdwara to be Sikh Gurdwara has been published under the provisions of this Act, may, after the expiry of one year from the commencement of this Act2[or, in the case of the extended territories, from the commencement of the Amending Act, as the case may be,] or of such further period as the1[State] Government may have fixed under the provision of sub-section (1) of section 7, and after having obtained the consent of the Deputy Commissioner of the district in which such gurdwara is situated, institute a suit, whether contentious or not, in the principal court of original jurisdiction or in any other court empowered in that behalf by the1[State] Government within the local limits of whose jurisdiction the gurdwara is situated, praying for any of the reliefs specified in section 92 of the Code of Civil Procedure, 1908, and may in such suit pray that the provisions of Part III may be applied to such gurdwara.

(2) The court in which a suit is instituted under the provisions of sub-section (1) shall decide whether the gurdwara is or is not a gurdwara as described in sub-section (2) of section 16, and if the court decides that it is such a gurdwara and is also of opinion that, having regard to all the circumstances, the gurdwara is one to the management of which the provisions of Part III should be applied, the court shall by public advertisement and in such other manner as it may in each case direct, call upon any person having interest in the gurdwara to appear and show cause why the provisions of Part III should not be so applied and shall in its order fix a date not less than one month from the date of the order on which any person appearing shall be heard.

(3) Upon the date fixed under the provisions of sub-section (2) or on any subsequent date to which the hearing may be adjourned, the court shall proceed to hear the person or persons, if any, appearing, and if the court is satisfied that the provisions of Part III can be applied to the management of the gurdwara without prejudice to any existing order or decree relating to the gurdwara and conferring on any person or declaring any person to be entitled to any right, in respect of the administration or management thereof, the court shall pass a decree that the said provisions shall apply to the management of the Gurdwara.

(4) Upon such decree being passed and subject to any order that may be passed on appeal against or in revision of the decree the provisions of Part III shall apply to such gurdwara as if it had been declared by notification under the provisions of this Act to be a Sikh Gurdwara.

(5) When under the provisions of sub-section (3) the provisions of Part III have by decree been applied to the management of a gurdwara any hereditary office-holder of such gurdwara who within twelve months after the date of the decree has resigned office or been removed from office otherwise than in accordance with the provisions of section 134 or under the provisions of section 142 or a presumptive successor of such office-holder, may within ninety days from the date of the resignation or removal, as the case may be, of such office-holder, present a petition to the Court which passed the decree claiming to be awarded compensation on the ground that he has suffered or will suffer pecuniary loss owing to a change in the management of such gurdwara, and the court may, notwithstanding the fact that such office-holder has voluntarily resigned, pass a decree awarding him compensation as if such office-holder had been unlawfully removed from his office.

(6) The provisions of sections 22, 23, 24 and 25 shall, so far as may be, apply to proceedings under the provisions of sub-section (5) and to proceedings arising therefrom, as if the court was a tribunal.

1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

2. Inserted by Punjab Act No. 1 of 1959, section 18.

S.Chapter V Control of Sikh Gurdwaras

S.39 Suits for Relief claimable by application under this Part barred

Notwithstanding anything contained in any Act to the contrary, no suit shall be instituted or continued in any court, claiming any relief in respect of the management or administration of a Notified Sikh Gurdwara if such relief might be or might have been claimed in an application made under the provisions of this Part.

S.40 Board, committees and commission to be constituted for the purposes of this Act

For the purposes of this Act there shall be constituted a Board and for every Notified Sikh Gurdwara a committee of management and there shall also be constituted from time to time a Judicial Commission in the manner hereinafter provided.

S.41 Control of Sikh Gurdwaras

The management of every Notified Sikh Gurdwara shall be administered by the committee constituted thereof, the Board and the Commission in accordance with the provision of this Part.

S.42 Name of Board

(1) The Board shall be known by such name as may be decided upon at a general meeting of the first Board constituted under the provisions of this Act, provided that not less than three-fifths of the members present at the meeting have voted in favour of the name selected, and that such name has been approved by the1[State Government].

(2) If the Board fails to select a name in accordance with the provisions of sub-section (1) or the name selected is not approved by the1[State Government] the Board shall be designated the Central Board.

(3) The Board shall by such name be a body corporate and shall have a perpetual succession and a common seal and shall by such name sue and be sued.

1. Subs. for the word "Provincial" by Adaptation of Laws Order, 1950.

S.43 Composition and constitution of the Board

(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 Keshgarh Sahib, Anandpur, the Sri Takhat Patna Sahib, Patna, and the Sri Takhat Hazur Sahib, Hyderabad Deccan.

• (iii) Twenty-five 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.

S.43-A Constitution of new Board

(1) Whenever a new Board within the meaning of section 51 is constituted, it shall consist of -

• (i) one hundred and forty 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 Keshgarh Sahib, Anandpur,

  the Sri Takhat Patna Sahib, Patna, and

  the Sri Takhat Hazur Sahib, Nanded ; and

• (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).

(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.

S.44 Constituencies for election of members of Board

(1) The elected members of the Board shall be returned from such constituencies as may be prescribed after consultation with the Board, and except as provided in sub-section (2) each constituency shall return a single member.

(2) The State Government shall from time to time, and after such consultation with the Board as it considers proper, select fifteen constituencies specified in Schedule IV and the constituencies so selected shall be plural constituencies ; each returning two members of whom one shall be a Sikh belonging to any of the Scheduled Castes notified as such under Article 341 of the Constitution of India and the other shall be a Sikh who does not belong to any of those Scheduled Castes.

S.45 Qualifications of elected members

(1) A person shall not be eligible for election as a member of the Board if such person -

• (i) is of unsound mind;
• (ii) is an undischarged insolvent ;
• (iii) is a patit ;
• (iv) is a minister of a Notified Sikh Gurdwara, other than the head minister of the Darbar Sahib, Amritsar, or of one of the four Sikh Takhats specified in clause (ii) of sub-section (1) of section 43;
• (v) is a paid servant of any Notified Sikh Gurdwara, or of the Board other than a member of the executive committee of the Board ;
• (vi) being a Keshadhari Sikh is not a amritdhari ;
• (vii) takes alcoholic drinks ;
• (viii) not being a blind person cannot read and write Gurmukhi.

Explanation.-For purposes of clause (viii) a person shall be deemed to be able to -

• (a) read Gurmukhi if he is able to recite Shri Guru Granth Sahib in Gurmukhi ; and
• (b) write Gurmukhi if he fills his nomination paper for election to the Board in Gurmukhi in his own handwriting. If any question arises whether a candidate is or is not able to read and write Gurmukhi the question shall be decided in such manner as may be prescribed.

(2) No person shall be eligible for election as a member of the Board if he is not registered on the electoral roll of any constituency.

(2A) No person shall be eligible for election to the Board if he is less than twenty five years of age.

(3) Notwithstanding anything contained in sub-section (1) no person shall be prevented from standing as a candidate for election as a member of the Board on the ground that he is patit, but if a person elected is thereafter found under the provisions of section 84 to be a patit his election shall be void.

S.46 Qualifications of nominated members

A person shall not be co-opted to be a member of the Board if he -

• (i) is less than twenty-five years old ;
• (ii) is not a Sikh ;
• (iii) is of unsound mind;
• (iv) is an undischarged insolvent ;
• (v) is a patit ;
• (vi) is minister of a Notified Sikh Gurdwara other than the head minister of the Darbar Sahib, Amritsar, or of any of the four Sikh Takhats specified in clause (ii) of sub-section (1) of section 43;
• (vii) is paid servant of any Notified Sikh Gurdwara of the Board, other than a member of the executive committee of the Board ;
• (viii) being a Keshadhari Sikh is not a amritdhari ;
• (ix) takes alcoholic drinks ;
• (x) not being a blind person cannot read and write Gurmukhi.

Explanation.-For purposes of clause (x) a person shall be deemed to be able to -

• (a) read Gurmukhi if he is able to recite Shri Guru Granth Sahib in Gurmukhi ; and
• (b) write Gurmukhi if he is able to communicate his consent to become a member in Gurmukhi, in his own handwriting. If any question arises whether a candidate is or is not able to read or write Gurmukhi the question shall be decided in such manner as may be prescribed.

S.47 Date of Board election

Elections of members of the Board under the provisions of this Act shall be held on dates to be fixed by the State Government.

S.48 Electoral roll

An electoral roll shall be prepared in such manner as may be prescribed for every constituency, on which shall be entered the names of all persons entitled to be registered as voters in that constituency.

S.49 Qualifications of electors

Every person shall be entitled to have his name registered on the electoral roll of a constituency constituted for the election of a member or members of the Board who is a resident in that constituency and

(ii) is a Sikh more than twenty-one years of age, who has had his name registered as a voter in such manner as may be prescribed.

Provided that no person shall be registered as an elector who-

• (a) trims or shaves his beard or keshas except in case of sehjdhari Sikhs ;
• (b) smokes;
• (c) takes alcoholic drinks.

S.50 Right to vote

(1) Every person registered on the electoral roll for the time being in force for any constituency for the election of a member or members of the Board shall be entitled while so registered to vote at an election of a member or members for that constituency, provided that no person shall be entitled to vote at an election in more than one constituency.

(2) In any plural constituency as provided by section 44, the right of voting shall be exercisable in the following manner, that is to say, a vote may be cast for each of the two candidates of whom one shall be a Sikh belonging to any of the Scheduled Castes referred to in sub-section (2) of section 44 and the other shall be a Sikh who does not belong to any of those Scheduled Castes.

S.51 Term of membership

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

S.52 Effect of subsequent disability to serve as member of Board

(1) If any person having been elected or co-opted a member of the Board subsequently becomes or is found to be by the Board subject to any of the disabilities stated in section 45 or section 46, as the case may be, he shall cease to be a member thereof.

(2) Any person aggrieved by the finding of the Board mentioned in sub-section (1) of this section may, within a month of the date of his knowledge of such finding, appeal to the Commission for setting aside the said finding and the order of the Commission passed in this respect shall be final:

Provided that the person against whom any such finding is given by the Board shall not cease to be a member of the Board until the order of the Commission in appeal, or, if no appeal is preferred, until the time allowed for preferring an appeal has passed.

S.53 Vacancy in Board, how to be filled

(3) If any person having been elected or co-opted a member of the Board absents himself from three consecutive general meetings of the Board, his name may be removed from membership by the Board, provided that, if he applies to the Board within one month of the removal of his name to be restored to membership, the Board may, at the meeting next following the date of the receipt of such application, restore him to office, provided further that no member shall be restored more than three times.

When a vacancy occurs in the Board owing to the death or resignation of a member or for any other reason, a new member shall be elected or co-opted, as the case may be, in the manner in which the member whose seat is to be filled was elected or co-opted.

S.54 First meeting of the Board

The first general meeting of the Board shall be held at a time not later than one month after the State Government has notified that it has been constituted, and notice thereof shall be given by notification by the State Government.

S.55 Annual general meeting

An annual general meeting of the Board shall be held in every year.

S.56 Notice of meeting

Meetings of the Board other than the first meeting shall be called by twenty days' notice in writing served on every member of the Board in such manner as may be prescribed by bye-laws made by the Board.

S.57 Power of members to call meeting

Any ten or more members may by application in writing made to the President demand that a general meeting of the Board be held, and if, notwithstanding such demand, notice of a meeting is not given within fifteen days of the date on which the application was received by the President, the applicants may themselves call a meeting to be held at the office of the Board by ten days' notice served in the manner described in section 56.

S.58 Office of Board

The Board shall have an office in Amritsar for the transaction of business, to which, all communications and notices to the Board may be addressed.

S.59 Quorum of Board in general meeting

The powers vested by this Act in the Board in general meeting shall not be exercised except by the Board at a meeting at which thirty-one or more members are present.

S.60 Chairman at meetings of the Board

The President shall be the Chairman at the meetings of the Board and of the Executive Committee, and if the President is absent, the Senior Vice-President shall be Chairman. If the President and the Senior Vice-President are both absent, the Junior Vice-President shall be Chairman, and if neither the President nor any Vice-President is present, the members present shall elect one of themselves to be Chairman for the purposes of the meeting.

S.61 Decision of questions before Board

Except as otherwise provided by this Act or prescribed all questions which come before the Board or its executive committee shall be decided by a majority of the votes of the members present, and in the case of an equality of votes the chairman shall have a second or casting vote:

Provided that no member of the Board referred to in clause (ii) of sub-section (1) of section 43 or of section 43-A shall be entitled to vote on any matter falling under sections 62 and 63.

S.62 Office-bearers and executive committee of Board

(1) The Board shall at its first general meeting elect by a ballot one of its members to be President, two others to be Vice-Presidents (one Senior and one Junior) and another to be General Secretary of the Board to be known as office-bearers of the Board, and shall also at the same meeting in like manner elect not less than five and not more eleven of its members, as the Board may deem fit, to be members of the executive committee of the Board, and the office-bearers and members so elected shall be the executive committee of the Board.

(2) If the President is not elected in the first general meeting, the State Government shall call another general meeting for the election of the office-bearers and members of the Executive Committee not later than one month after the date of the previous meeting, by a notice published in the official Gazette in this behalf. If, however, the President has been elected but one or more of the other office-bearers or other members of the Executive Committee have not been elected in the first general meeting, the President shall call another meeting for the election of the remaining office-bearers and members of the Executive Committee, not later than one month from the date of the previous meeting, in accordance with section 56.

S.63 Annual election of executive committee

(1) Subsequent to the constitution of an executive committee under the provisions of section 62 an executive committee similar to the one described in that section shall be elected by ballot at each annual general meeting of the Board if the Board so desires ; the office-bearers and other members of the executive committee elected at the first meeting of the Board shall hold office until a new executive committee has been elected at the first annual general meeting of the Board, and the members elected at an annual general meeting shall hold office until a new executive committee has been duly elected at the next following annual general meeting :

Provided that, if at any time after the constitution of any executive committee under section 62 or this section and before the expiry of its term mentioned above, the Board in a general meeting expresses no confidence in it, the office-bearers and the other members of the said executive committee shall at once cease to hold office and new office-bearers and executive committee shall be elected in the said meeting of the Board for the remaining term of the outgoing executive committee :

Provided further, that the non-confidence motion shall not be discussed in the general meeting of the Board before the expiry of three months after the constitution of any executive committee.

(2) Nothing contained in sub-section (1) shall prevent the re-election of any outgoing member of an executive committee.

(3) If the office-holders and the other members of the executive committee cease to hold office under provisos to sub-section (1) of this section, the Chairman of the meeting for the conduct of the election of the new President shall be elected out of the members present in the said meeting and the new President so elected shall act as the Chairman for the further proceedings of the meeting.

(4) Procedure regarding notice of no-confidence motion specified in sub-section (1) will be in the manner prescribed by the Rules made by the Government.

S.64 Powers of executive committee of Board

The executive committee of the Board shall exercise on behalf of the Board all powers conferred on the Board by the provisions of this Act which are not expressly reserved to be exercised by the Board in general meeting. But the Executive Committee may, if it so decides by a majority of three-fourth of its members present in the meeting, delegate any of its powers to a Sub-Committee consisting of one or more of its members.

S.65 Vacancy in executive committee, how to be filled

If a vacancy occurs in the executive committee, the remaining members of the executive committee may, if the vacancy is that of an office-bearer, appoint one of themselves or if the vacancy is that of any member other than an office-bearer, nominate any member of the Board temporarily to fill the vacancy until the next following general meeting of the Board, and the Board shall at such meeting elect a member of the Board to fill the vacancy.

S.66 Member of a committee of management not to be member of executive committee of Board

A member of a committee of management shall not be eligible for election as member of the executive committee, and if any member of the executive committee at any time becomes a member of a committee of management he shall forthwith cease to be a member of the executive committee.

S.67 Resignation of member of executive committee or of Board

A member of the executive committee or, of the Board may resign the office by giving notice to the President, and an office-bearer may resign his office by giving notice to the executive committee and such resignation shall have effect from the date on which the resignation was accepted by the President or executive committee, as the case may be.

S.68 Renumeration of members of executive committee

Any member of the executive committee may receive out of the fund of the Board such salary or other remuneration as may from time to time be fixed by the Board in general meeting.

S.69 Servants of the Board ; their appointment and punishment

The executive committee of the Board may appoint such servants as it may deem to be necessary for the due performance by itself of its duties, and may from time to time determine the number, designations, grades and scales of salary, or other remuneration of such servants, and may at any time fine, reduce, suspend, or remove any servant.

S.Chapter VII THE JUDICIAL COMMISSION

S.70 The Judicial Commission

(1) The Judicial Commission shall consist of three members who shall be Sikhs appointed from time to time as may be necessary by the State Government.

(2) No person shall be appointed to be a member of the Commission unless he-

• (i) is, or, at the time of his retirement or resignation from the service of the Government, was a District Judge or a Subordinate Judge of the first class or of not less than ten years' standing or a Munsif of the 1st class or of not less than ten years' standing, or
• (ii) is a Barrister of not less than ten years' standing, or
• (iii) is a person who has been a pleader of any High 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.

(3) Two of the members of the Commission shall be selected by the State Government out of a list of qualified persons prepared and maintained as described in section 71.

S.71 Appointment of members of the Commission

(1) For the purpose of the appointment of members of the Commission the Board shall, as soon as may be, after its constitution submit a list of the names of seven persons nominated by the Board, and the 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) 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 see fit to make, that he is incapable of acting as a member of the Commission.

S.72 Member of the Board or of a committee to resign if appointed a member of Commission

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

S.73 Remuneration of members of the Commission

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.

S.74 Officers and servants of the Commission

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.

S.75 Expenses to be shared by Government and Board

(1) The net expenses arising on and from the 1st day of November, 1966, from the appointment of the Commission including the remuneration of its members, officers and servants shall be defrayed by the Government of Punjab and the Board, the Government of Punjab 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 Government of Punjab and the portion thereof payable by the Board shall be recovered from the Board after the close of each financial year.

(1-A) The one-third share of the expenses referred to in sub-section (1) met by the Government of Punjab from time to time after the 1st day of November, 1966, shall be allocated between the States of Punjab, Haryana and the Union territories of Himachal Pradesh and Chandigarh in the ratio of 131 : 8 : 1 : 1 and the Government of Haryana and the Administrators of Himachal Pradesh and Chandigarh shall at the end of each financial year pay to the Government of Punjab the amount so allocated respectively to the State of Haryana, the Union Territory of Himachal Pradesh and the Union Territory of Chandigarh.

(2) Any sum due to the Government of Punjab 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.

S.76 Jurisdiction and procedure of Commission

(1) The Commission shall for the purpose of deciding any matter which it is empowered to decide under the provisions of this Act have the same powers as are vested in a court by the Code of Civil Procedure, 1908, 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) A decree or order of the Commission shall be executed or otherwise given effect to by the District court of the district in which the gurdwara in connection with which the decree or order was passed is situated, or by the District Court to which the Commission directs that any decree or order shall be sent for this purpose, as if the decree or order had been a decree or order passed by such court.

(3) The proceedings of the Commission shall, so far as may be and subject to the provisions of this Act, be conducted in accordance with the provisions of the Code of Civil Procedure, 1908, and, save as otherwise provided by this Act, all orders of the Commission shall be final.

S.77 Court and office of Commission

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

S.78 Vacancy in Commission

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.

S.79 Removal of member of Commission

The State Government may remove any member of the Commission-

• (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
• (ii) if he has absented himself from more than three consecutive meetings of the Commission, or
• (iii) if it is satisfied after such enquiry as it may deem necessary that he has flagrantly abused his position as a member, or
• (iv) if he has served as a member for more than two years.

S.80 Election of president of Commission

(1) The members of the Commission shall elect one of themselves to be president of the Commission.

(2) If the members of the Commission are unable within ten days of the constitution of the Commission to elect a president by a majority of votes, a president may be appointed by the State Government.

(3) No proceedings shall be taken by the Commission unless at least two members are present and sitting together : provided that notices and summonses may be issued by the president or a member nominated by the president for this purpose, sitting alone.

(4) If the president is not present the two members present shall decide which of them shall preside, and the member decided upon shall perform the duties of president.

S.81 Settlement of difference of opinion in Commission

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

S.82 Costs in proceedings may be made payable out of income of Sikh Gurdwara

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

S.83 Dissolution of Commission

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

S.84 Decision as to whether a person is or is not a patit

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

S.Chapter VIII COMMITTEES OF GURDWARAS

S.85 The Board shall be the Committee of Management

(1) The Board shall be the Committee of Management for the Gurdwaras known as-

• (i) The Sri Akal Takhat Sahib at Amritsar and Sri Takht Keshgarh Sahib, Anandpur ;
• (ii) The Darbar Sahib, Baba Atal Sahib and all other Notified Sikh Gurdwaras other than Sri Akal Takht Sahib situated within the Municipal boundaries of Amritsar ;
• (iii) Sri Darbar Sahib and all other Notified Sikh Gurdwaras within the limits of Municipal area of Tarn Taran ;
• (iv) All the Notified Sikh Gurdwaras at Anandpur and the Gurdwaras connected therewith other than the Sri Takhat Keshgarh Sahib ;
• (v) The Notified Sikh Gurdwaras at Muktsar ;
• (vi) Gurdwara Dukhniwaran Sahib Padshahi Naumi along with Gurdwara Moti Bagh (including Gurdwara Sudha Sar), Khel Sahib, Patiala ;
• (vii) Gurdwara Fatehgarh Sahib (Shahidi Asthan Baba Fateh Singh Ji and Baba Jorawar Singh Ji) along with Gurdwara Jotisarup, Burj Mata Gujri and Shahid Ganj situated in Harnam Nagar ;
• (viii) Gurdwara Padshahi Naumi at Dhamtan along with Bunga Dhamtanian near Railway Station, Patiala ;
• (ix) Gurdwara Guru Teg Bahadur Sahib in Jind with Gurdwaras Kharak Bhura Padshahi Naumi and Khatkar Padshahi Naumi in Tehsil Narwana ;
• (x) Gurdwara Ber Sahib (Padshahi Pehli) at Sultanpur Lodhi along with Gurdwaras Hat Sahib, Kothri Sahib, Sehra Sahib, Sant Ghat and Guru Ka Bagh ;
• (xi) Gurdwara (Padshahi Naumi and Dasmi) Damdama Sahib at Talwandi Sabo along with Gurdwaras Takht Sri Damdama Sahib, Jandsar and Bunga Kattuwala at Sabo Ki Talwandi, Gurdwara Sri Damdama Sahib Bunga Mata Sahib Dewan Ji at Talwandi Sabo, Gurdwara Sahib Padshahi Dasmi Takht Damdama Sahib, Bhai Bir Singh Dhir Singh, Mazhabi Singh Wala at Talwandi Sabo, Gurdwara Sahib Takht Sri Damdama Sahib Malwai Bunga Padshahi Dasmi at Talwandi Sabo, Sri Damdama Sahib Malwai Bunga Padshahi Dasmi at Talwandi Sabo, Sri Damdama Sahib Bunga Likhansar Padshahi Dasmi, Sri Damdama Sahib Gurdwara Sri Holsar Padshahi Dasmi, at Talwandi Sabo Ki ;
• (xii) Gurdwara Nanakiana Sahib Sangrur.

S.86 Committees of Gurdwaras other than those specified in section 85

(1) For every Notified Sikh Gurdwara other than a gurdwara specified in section 85 a committee shall be constituted after it has been declared to be a Sikh Gurdwara under the provisions of this Act, or after the provisions of Part III have been applied to it under the provisions of section 38, provided that the State Government may by notification direct that there shall be one committee for any two or more such gurdwaras specified in the notification and may in like manner cancel or modify such notification, provided further that the State Government shall not issue, cancel or modify any such notification after the constitution of the first Board, except upon recommendation being made to it in this behalf by the Board.

(2) Notwithstanding anything contained in sub-section (1), the Gurdwaras at Narnaul and Mahendragarh shall be managed by the Board.

S.86-A Omitted

* * * * * * * * * *

S.87 Constitution of committee not specially provided for

(1) Every Committee shall consist of five members out of which one at least shall be a person belonging to the scheduled castes and shall be constituted as follows :-

• (a) The Board shall nominate the members, with their written consent, of the committee of the Gurdwara or Gurdwaras, whose gross annual income does not exceed three thousand rupees, who shall be residents of the district in which the Gurdwara or one of the Gurdwaras to be managed by the Committee is situated :

  Provided that the Board may, if it so decides, instead of nominating the members, manage the affairs of any such Gurdwara itself in accordance with the provisions of the Act.

• (b) The Committee of Gurdwara or Gurdwaras, whose annual monetary income exceeds three thousand rupees, shall consist of four elected members and one member nominated by the Board, who shall be resident of the district in which the Gurdwara or one of the Gurdwaras to be managed by the Committee is situated.

  If in the election, the required number of members is not elected, the Board may nominate such number of persons as have not been elected so as to complete the Committee for such Gurdwara or Gurdwaras ; provided that the person or persons so nominated shall be the resident or residents of the district in which the said Gurdwara or Gurdwaras are situated.

(2) If the Board fails to nominate a member or members of the Committee in accordance with the provisions of clause (a) or (b) the manager and if there is no manager, then Granthi or Granthis of Gurdwara or Gurdwaras shall either by himself or themselves or along with the nominated or elected member or members, if any, as the case may be, perform the duties of the Committee till such time as the Board nominates the required number of members of the Committee.

S.88 Constitution of Committees : Publication of constitution and effect thereof

(1) The Committee shall be constituted as soon as may be after the constitution of the Board ; provided that no Committee shall be constituted for any Gurdwara under the provisions of this Act before it has been declared to be a Sikh Gurdwara under the provisions of this Act or the provisions of Part III have been applied to it under the provisions of section 38.

(2)

S.89 Election of member

As and when a member or members of any Committee have been nominated in accordance with the provision of clause (a) of sub-section (1) of section 87 or have been elected or nominated, as the case may be, in accordance with the provision of clause (b) of sub-section (1) of section 87, the State Government shall notify these facts and when all the members of such Committee have been nominated or have been elected and nominated, shall notify the further fact that the Committee has been duly constituted and the date of the publication of last mentioned notification shall be deemed to be the date of the constitution of the Committee.

(1) The elected members of a Committee, referred to in clause (b) of sub-section (1) of section 87, shall be elected by a constituency formed, subject to the approval of the State Government, by the Board in a general meeting.

(2) The Board may in a general meeting and subject to the approval of the State Government, from time to time, vary any constituency formed under the provisions of sub-section (1).

(3) When any constituency to elect members of a Committee is formed or varied according to the provisions of sub-section (1) or (2), as the case may be, the State Government shall notify the fact of the constituency having been so formed or varied and the date of the publication of the notification shall be the date from which the formation or variation of the constituency shall take effect.

S.90 Qualification for election to Committee

(1) A person shall not be eligible for election as a member of a Committee if such person-

• (i) is not registered on the roll of any constituency formed for the purposes of this Act ; or
• (ii) is of unsound mind ; or
• (iii) is an undischarged insolvent ; or
• (iv) is a minister of a Notified Sikh Gurdwara other than the head minister of the Darbar Sahib, Amritsar or any of the four Sikh Takhts specified in clause (ii) of sub-section (1) of section 43 ; or
• (v) is a paid servant of any Notified Sikh Gurdwara or of the Board ; or
• (vi) is a patit ; or
• (vii) is not a Sikh ; or
• (viii) being a keshadhari Sikh is not Amritdhari ; or
• (ix) takes alcoholic drinks ; or
• (x) not being a blind person cannot read or write Gurmukhi.

Explanation.-For purposes of clause (x) a person shall be deemed to be able to-

• (a) read Gurmukhi if he is able to recite Shri Guru Granth Sahib in Gurmukhi ; and
• (b) write Gurmukhi if he fills his nomination paper for election to the Committee in Gurmukhi in his own handwriting. If any question arises whether a candidate is or is not able to read and write Gurmukhi the question shall be decided in such manner as may be prescribed.

(2) Notwithstanding anything contained in sub-section (1), no person shall be prevented from standing as a candidate at any election on the ground that he is a patit but if he is elected and thereafter found under the provisions of section 84, to be patit, his election shall be void.

S.91 Qualification for nomination to a Committee

A person shall not be nominated to be a member of a committee if he-

• (i) is less than twenty-one years of age, or
• (ii) is of unsound mind, or
• (iii) is an undischarged insolvent, or
• (iv) is a patit, or not a Sikh, or
• (v) is a minister of a Notified Sikh Gurdwara other than the head minister of the Darbar Sahib, Amritsar, or any of the four Sikh Takhts specified in clause (ii) of sub-section (1) of section 43, or
• (vi) is a paid servant of a Notified Sikh Gurdwara.

S.92 Qualification of electors

3Every person shall be entitled to have his name registered on the electoral roll of a constituency for the election of a member or members of a Committee who is a resident in the constituency, and is a Sikh more than twenty-one years of age and has had his name registered as a voter in such manner as may be prescribed :

Provided that no person shall be registered as an elector who-

• (a) trims or shaves his beard or keshas except in case of sehdhari Sikhs ;
• (b) smokes ; and
• (c) takes alcoholic drinks.

3. Sections 92 and 93 inserted by Punjab Act No. 10 of 1959, Sec. 4. These were previously omitted by Punjab Act No. 1 of 1958, Sec. 42.

S.93 Right to vote

3Every person registered on the electoral roll for the time being in force for a constituency for the election of a member or members of a Committee shall be entitled while so registered to vote at an election of a member or members for that constituency.

3. Sections 92 and 93 inserted by Punjab Act No. 10 of 1959, Sec. 4. These were previously omitted by Punjab Act No. 1 of 1958, Sec. 42.

S.94 Period of continuance of committees

Every committee shall continue for 4five years from the date of its constitution, or until a new committee has been constituted, whichever is later.

4. Subs. for the word "three" by Punjab Act No. XI of 1944, Sec. 28.

S.94-A Incorporation of committees

1Every committee shall be a body corporate by the name of the Committee of Management of the Gurdwara or Gurdwaras under its management and shall have perpetual succession and a common seal and shall sue and be sued in its corporate name.

1. Sec. 94-A inserted by Punjab Act No. III of 1930, Sec. 7.

S.95 Effect of subsequent disability to serve as a member of a committee

2(1) If any person having been elected or nominated a member of a committee become 3or is found to be by the Board subject to any of the disabilities stated in sections 90 or 91, as the case may be, he shall cease to be a member thereof.

(2) 4Any person aggrieved by the finding of the Board mentioned in sub-section (1) of this section may, within a month of the date of his knowledge of such finding, appeal to the Commission for setting aside the said finding and the order of the Commission passed in this respect shall be final :

Provided that the person against whom any such finding is given by the Board shall not cease to be a member of the Committee until the order of the Commission in appeal, or, if no appeal is preferred until the time allowed for preferring an appeal has passed.

(3) If any person having been elected or nominated a member of the Committee absents himself from three consecutive meetings of the Committee, his name may be removed from membership by the Committee, provided that, if he applies to the Committee within one month of the removal of his name to be restored to membership, the Committee may, at the meeting next following the date of the receipt of such application, restore him to office, provided further that no member shall be so restored more than three times to the same Committee.

2. Subs. for the old section by Punjab Act No. III of 1930, Sec. 8.

3. Ins. by East Punjab Act No. XXXII of 1949, Sec. 5.

4. Sub-section (2) added and old sub-section (2) renumbered as sub-section (3) by Punjab Act No. XLII of 1953, Sec. 3.

S.96 Vacancies in Committees

5On the occurrence of a vacancy in a Committee, a new member shall be elected or nominated, as the case may be, in the manner in which his predecessor was elected or nominated and if no member is duly elected to replace an elected member, the Board may nominate any qualified person to fill the vacancy in accordance with the provisions of section 87 and the fact of filling the vacancy shall be notified by the State Government, under sub-section (3) of section 88.

5. Subs. by Punjab Act No. 10 of 1959, Sec. 4.

S.97 Omitted

6*

6. Omitted by Punjab Act No. LIII of 1953, Sec. 17.

S.98 Committees to meet at least three times a year

1(1) Every committee shall meet at least three times in each year.

(2) If no meeting has been held for a period of four months, any two members of the Committee may, by giving reasonable notice to the other members residing in India, convene a meeting of the Committee.

1. The original section 98 was renumbered as sub-section (1) and sub-section (2) was added by Punjab Act No. III of 1930, Sec. 9.

S.99 Notice of meetings

A meeting of a committee shall be called by the President by seven days' notice in writing, provided that if the office of President is vacant, the Vice-President shall, and if the office of Vice-President is also vacant, any two members of a committee may, by giving reasonable notice to the other members, convene a meeting 2.

2. Omitted by Punjab Act No. I of 1959, Sec. 31.

S.100 Quorum of Committee

No business shall be conducted or any proceeding held by a committee except at a meeting at which three or more members are present.

S.101 Presidents and Vice-Presidents of Committees

(1) Every committee shall at its first meeting 3elect a member to be president and another member to be vice-president and each of the members so elected shall hold office during the continuance of the Committee or until he resigns or ceases to be a member of the Committee.

(2) An outgoing president or vice-president shall, if otherwise qualified be eligible for re-election.

(3) At meetings of the committee the president shall be chairman ; if, he is absent the vice-president shall be chairman ; and if both the president and the vice-president are absent, the members present shall elect one of themselves to be chairman for the purposes of the meeting.

3. Ins. by Punjab Act No. I of 1959, Sec. 32.

S.102 Decisions of questions before committees

All questions which come before a committee shall be decided by a majority of the votes of the members present, and in cases of an equality of votes the chairman shall have a second or casting vote.

S.103 Minutes to be recorded

All resolutions and orders of a committee shall be recorded in writing in a minute book and the record shall be signed by the chairman of the meeting.

S.104 Resignation of president and members of committee

A member of a Committee other than the President may resign his office by giving notice to the President and a President may resign his office by giving notice to the Committee 1.

(2) The resignation shall take effect in the case of a member from the date of its acceptance by the President, and in the case of a President from the date of its acceptance by the committee.

(3) 2If the resignation of a member is accepted by the President he shall immediately inform the Board about such acceptance to enable the Board to fill the vacancy caused thereby.

(4) As soon as may be after the constitution of the Committee or the office of the President falling vacant, the Board shall call a meeting of the Committee to elect the office-bearers or to fill the vacancy of the President as the case may be.

1. Added by Punjab Act No. I of 1959, Sec. 33(a).

2. Added by Punjab Act No. I of 1959 Sec. 33(b).

S.104-A Appointment of servants

3The Committee may appoint such servants as it may deem necessary for the due performance of its duties, and may, from time to time determine the number, designations, grades and scale of salary, or other remuneration of such servants, and may at any time for good cause fine, reduce, suspend, or remove any servant.

3. Added by Punjab Act No. LIII of 1953, Sec. 18.

S.105 Exclusion of Board acting as committee from operation of this chapter

4The Committee constituted under the provisions of section 85 shall not be affected by any other provision of this Chapter.

4. Subs. by Punjab Act No. LIII of 1953, Sec. 19.

S.Chapter IX FINANCES

S.106 Object on which the funds of a gurdwara may be spent

(1) Subject to the provisions of this Act, all properties and income of a Notified Sikh Gurdwara shall be used, in the 1st place, for the maintenance or improvement of the gurdwara ; for the maintenance of religious worship and the performance and conduct of religious and charitable duties, ceremonies and observances connected therewith ; for the payment of allowances or salaries of dependents, officers and servants thereof ; for the fulfilment of the objects of the endowments thereof ; for the maintenance of the langar ; for such religious, charitable or educational purposes as the committee may consider necessary in connection therewith or for the discharge of any obligations legally incurred.

S.154 Penalty for disorderly conduct in or near polling station

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 loud-speaker, or
• (b) shout, or otherwise act in a 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) 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) 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) 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.

S.155 Penalty for misconduct at the polling station

(1) Any person who during the hours fixed for the poll at any polling 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) 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) 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) An offence punishable under sub-section (3) shall be cognizable.

S.156 Penalty for illegal hiring or procuring of conveyances at elections

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 an election, he shall be punishable with fine which may extend to two hundred and fifty rupees.

S.157 Breaches of official duty in connection with elections

(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) 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) 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 Elections Rules framed under this Act.

S.158 Removal of ballot papers from polling station to be an offence

(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) 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) 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 such officer in safe custody.

(4) An offence punishable under sub-section (1) shall be cognizable.

S.159 Other offences and penalties therefor

(1) A person shall be guilty of an electoral offence if at any election he -

• (a) fraudulently defaces or fraudulently destroys any nomination paper ; or
• (b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of a Returning Officer ; or
• (c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark, if any, on any ballot paper or any declaration of identity or official envelop used in connection with voting by special ballot paper ; or
• (d) without due authority supplies any ballot paper to any person; or
• (e) fraudulently puts into any ballot-box anything other than the ballot paper which he is authorised by law to put in; or
• (f) without due authority destroys, takes, opens or otherwise interferes with any ballot-box or ballot papers then in use for the purposes of the election ; or
• (g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts.

(2) Any person guilty of an electoral offence under this section shall-

• (a) if he is a Returning Officer or a presiding officer at a polling station or any other officer or clerk employed on official duty in connection with the election, be punishable with imprisonment for a term which may extend to two years or with fine or with both;
• (b) if he is any other person, be punishable with imprisonment for a term which may extend to six months or with fine or with both.

(3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election, but the expression "official duty" shall not include any duty imposed otherwise than by or under the Sikh Gurdwaras Board or Committee Election Rules, framed under this Act.

S.160 Prosecution regarding certain offences

(1) If the Elections Commissioner has reason to believe that any offence punishable under section 152 or under section 157, or under clause (a) of sub-section (2) of section 159 has been committed in reference to any election, it shall be the duty of the Elections Commissioner to cause such enquiries to be made and such prosecutions to be instituted as the circumstances of the case may appear to him to require.

(2) No court should take cognizance of any offence punishable under section 152 or under section 157 or under clause (a) of sub-section (2) of section 159 unless there is a complaint made by order of, or under authority from, the Elections Commissioner.

S.161 Amendment of Act V of 1898

For the purposes of elections under this Act, in the Code of Criminal Procedure, 18981--

• (a) in section 196, after the word and figures "section 127" the words, figures and letter " and section 171-F ; so far as it relates to the offence of personation" shall be inserted ;
• (b) in Schedule II--
• (i) in the entry relating to section 171-F of the Indian Penal Code (Act XLV of 1860) from the paragraph in column 2, the words " and personation" shall be omitted ;
• (ii) after the paragraph in column 2 of the said entry as so amended, the following paragraph shall be inserted, namely :-- "Personation at an election" ;
• (iii) in column 3, opposite the paragraph inserted by sub-clause (ii), the following paragraph shall be inserted, namely:-- "May arrest without warrant" ;
• (iv) in columns 4, 5, 6, 7, and 8, opposite the paragraph inserted by sub-clause (ii) the words "Ditto" shall be inserted.
• (v) in the entry relating to section 171-G of the Indian Penal Code, in column 3, for the word "Ditto" the words "shall not arrest without warrant" shall be substituted.

1. Now the Code of Criminal Procedure, 1973.

S.1 Short title and commencement

(1) This Act may be called the Sikh Gurdwaras (Supplementary) Act, 1925.

(2) It shall come into force on the date2 appointed by the3 State Government under sub-section (3) of section 1 of the Sikh Gurdwaras Act, 1925.

S.2 Validation of certain provisions of Punjab Act VIII of 1925

The Sikh Gurdwaras Act, 1925 (hereinafter referred to as the said Act), shall so far as it adds to or takes from the jurisdiction of the4 High Court of5 (Punjab) or prescribes the procedure of the said Court, be as valid as if it had been passed by the Indian Legislature.

S.3 (Repealed)

1. For Statement of Objects and Reasons, see Gazette of India, 1925, Part V, p. 216.

2. The Act came into force on the 1st January, 1926.

3. Subs. for the expression "Central Government" (which was subs. for "State Government" by A.O. 1968) by A.O. 1973. The word "State" was subs. for "Provincial" by Adaptation Laws Order, 1950, and the term "Provincial Government" for "Local Government" by Government of India (Adaptation of Indian Laws) Order, 1937.

4. Subs. for the words "High Court of Judicature at Lahore" by India (Adaptation of Existing Laws) Order, 1947. Now High Court of Himachal Pradesh, vide A.O. 1973, para 8.

5. Subs. for "East Punjab" by Adaptation of Laws Order, 1950.