Gurdwara Reform Movement 1920-25 is considered a glorious chapter in the Sikh history because it led to the passage of the Sikh Gurdwaras Act 1925. The Act is termed as a remarkable achievement of the Sikhs in the twentieth century. The Sikhs got control of important Gurdwaras alongwith full freedom to manage them. Besides creating institutions like Sikh Gurdwaras Tribunal, Sikh Gurdwaras Judicial Commission, Local Gurdwara Committees, Gurdwaras Election Commission, the Act impliedly legalized and recognized the Shiromani Gurdwara Parbandhak committee. It also provided for the composition, powers and functions of all these bodies. The Act was originally passed for the composite Punjab under the British rule. Partition took away a big chunk of Gurdwaras, including very important ones like Nankana Sahib, from the purview of the Act. But the extension of the Sikh Gurdwaras Act to PEPSU area in 1959 brought hundreds of Gurdwaras under the management created by the Act. It continues to be applicable to the areas of post-partition East Punjab and PEPSU and at present about a thousand Gurdwaras are managed in accordance with the provisions of this Act. Bifurcation of that area into Punjab, Haryana, Himachal and Chandigarh by the Punjab Reorganisation Act 1966 has not affected the jurisdiction of the Act. The SGPC has become inter-state body having jurisdiction in three States and one Union Territory. The Punjab Legislature had passed and later introduced important amendments into it from time to time. The Parliament by the Reorganisation Act 1966 has authorized the Central government to amend the Sikh Gurdwaras Act 1925 simply by issuing a notification. The Central Government has amended the Act substantially through this mode. The important amendments by such notifications through this mode. The important amendments by such notifications are the creation of Gurdwara Election Commission, reservation of seats for women in the SGPC, de-enfranchising the Sikhs. It is a scholarly study containing a complete and updated version of the Act alongwith exhaustive analysis of its provisions. The Sikhs all over the world look towards the SGPC, constituted by this Act, for guidance in religious and even in temporal matters. It is a thorough work on a statute which is of extreme importance for the Sikhs.
I hope that this work will be of immense use not only to the members of the Bar and the Bench but also to all those who are entrusted with or interested in the management of Gurdwaras.
Preface
The book is a humble attempt to present the updated version of the Sikh Gurdwaras Act 1925 alongwith exhaustive commentary including almost all the notable judgments delivered by the Privy Council, the Supreme Court of India, the Punjab and Haryana High Court and the Lahore High Court. Decisions of these courts have been appropriately incorporated and analysed. Not to take of good material even bare version of the amended and updated act is not available either in the market or in the offices of the institution which are created and governed by this Act. This will be the only publication containing amendments made in the Act after 1966. Thus it will fill the gap in the availability of the legal literature that was overdue since long. It is a thorough study of the enactment, which the Sikhs compelled the British Government to pass after a long drawn agitation. The Act was a pioneer legislation in the field of regulation of religious institutions.
The author is highly thankful to Dr. S.P. Singh, Vice Chancellor of the University for his scholarly foreword and also for his interest in the publication of the book. I feel indebted to Justice Kuldeep Singh, former Judge, Supreme Court of India for suggesting various improvements in this work and especially for advising the inclusion of the topic of Constitutional Validity of the Sikh Gurdwaras Act. Special thanks are due to Dr. Professor T.S. Mann, former Head, Department of Laws, who had initiated me in the study of this subject. My sincere thanks are due to my colleagues, both on the teaching and non-teaching side, in the Department of Laws for providing me necessary assistance and encouragement to complete this work. I acknowledge the whole-hearted cooperation and assistance received from Advocate Sheraj Singh Hundal during the preparation of this book. I am also thankful to the staff members press and Publication Department of the University for the accuracy and industry in bringing out this volume.
Foreword | (i) |
Preface | (iii) |
Contents | (v) |
Table of Cases | |
History of Gurdwara Management | 1 |
Gurdwara Reform Movement | 5 |
History of Gurdwara Legislation | 13 |
The Sikh Gurdwaras and Shrines Bill, 1921 | 13 |
The Sikh Gurdwaras and Shrines Act, 1922 | 15 |
The Sikh Gurdwaras and Shrines Bill, 1925 | 20 |
History of Gurdwara Management in Pepsu | 23 |
Scheme of the Sikh Gurdwaras Act, 1925 | 31 |
State Control and Regulation of Religious Institutions | 42 |
Constitutional Validity of Enactments relating to | 47 |
Religious Endowments | |
Constitutional Validity of the Sikh Gurdwaras Act 1925 | 54 |
Objects and Reasons of the Sikh Gurdwaras Act 1925 | 71 |
Preamble | 76 |
Chapter I Preliminary | |
Sections | |
1. Short title, extent and commencement | 76 |
2. Definitions | 78 |
Petitions to the State Government relating to Gurdwaras | |
3. List of property of scheduled Gurdwara to be forwarded to the State government | 102 |
(2) Declaration of scheduled Gurdwara and publication of list forwarded under sub-section (1) | |
(3) Notices of claims to property entered in the consolidated list to be sent to persons shown as in possession | |
(4) Effect of publication of declaration and consolidated list under sub-section (2) | |
4. Effect of omission to forward a list under section 3 | 114 |
5. Petitions of claim to property included in a consolidated list | 114 |
(2) Signing and verification of petitions under sub-section (1) | |
(3) Notification of property not claimed under sub-section (1) | |
and effect of such notification | |
6. Claim for compensation by a hereditary office-holder of a Notified Sikh Gurdwara or his presumptive successor | 125 |
(2) Signing and verification of petitions under sub-section (1) | |
7. Petitions to have a Gurdwara declared a Sikh Gurdwara | 127 |
(2) List of property claimed for the gurdwara and of persons in possession thereof to accompany a petition under sub-section (1) | |
(3) Publication of petition and list received under sub-sections (1) and (2) | |
(4) Notice of claims to property to be sent to persons shown in the list as in possession | |
(5) Effect of publication of petition and list under sub-section (3) | |
8. Petition to have it declared that a place asserted to be a Sikh Gurdwara is not such a gurdwara | 135 |
9. Effect of omission to present a petition under section 8 | 146 |
(2) Effect of publication of a notification under sub-section (1) | |
10. Petition of claim to property included in a list published | 149 |
under sub-section (3) of Section 7 | |
(2) Signing and verification of petitions under sub-section (1) | |
(3) Notification of property not claimed under sub-section (1) and effect of such notification | |
11. Claim for compensation by a hereditary office-holder of gurdwara notified under section 7 or his presumptive successor | 161 |
Appointment of and Proceedings before a Tribunal | |
12. Constitution and procedure of tribunal for purposes of the Act | 163 |
13. Procedure on difference of opinion | 171 |
14. Tribunal to dispose of petition under sections5, 6, 8, 10 and 11 | 172 |
15. Power of tribunal to join parties and award costs | 175 |
16. Issue as to whether a gurdwara is a Sikh Gurdwara to be decided first and how issue is to be decided | |
17. Notification of Sikh Gurdwara on finding of tribunal | 202 |
18. Presumption in favour of a Notified Sikh Gurdwara on proof of certain facts when a claim to property is made by an office-holder | 203 |
19. Adjudication by tribunal upon agreements made between office-holder and persons acting on behalf of a Sikh Gurdwara | 210 |
20. Claim for compensation by a hereditary office-holder who has resigned or been dismissed | 211 |
21. Claim for compensation by person alleging right to nominate office-holder of a Notified Sikh Gurdwara | 212 |
22. Matters for consideration in awarding compensation | 213 |
23. Compensation to be paid annually out of income of gurdwara | 216 |
24. Payment to heir of person compensated | 216 |
25. Manner in which compensation is to be paid and recovered if not duly paid | 216 |
25-A. Power of tribunal to pass decrees for possession in favour of the committees of Gurdwaras | 217 |
26. Entry of rights of gurdwara in revenue records | 221 |
27. Treatment of property dedicated to a Notified Sikh Gurdwara but under management of trustees | 221 |
28. Suits for possession of undisputed property of Notified Sikh Gurdwaras | 223 |
29. Exclusion of jurisdiction of the courts | 227 |
30. Decision by courts on certain claims in certain circumstances | 228 |
31. Courts not to continue certain proceedings pending decision as to whether a place is or is not a Sikh Gurdwara | 233 |
32. Transfer of suits pending in court | 235 |
33. Disputes relating to rights of office-holder after a year from commencement of Act | 237 |
34. Appeal against orders of a tribunal | 237 |
35. Court fees | 239 |
36. No court to take cognizance of manner in which the State Government or tribunal exercises its power under the Act | 239 |
37. Courts not to pass an order or grant or execute a decrees inconsistent with decision of a tribunal | 241 |
Chapter IV | |
245 | |
Chapter V Control of Sikh Gurdwaras | |
39. Suits for relief claimable by application under this Part barred | 251 |
40. Board, committees and Commission to be constituted for the | 251 |
41. Control of Sikh Gurdwaras | 252 |
The Board | |
42. Name of Board | 255 |
43. Composition and constitution of the Board | 260 |
43-A. Constitution of new Board | 261 |
44. Constituencies for election of members of Board | 263 |
45. Qualifications of elected members | 268 |
46. Qualifications of nominated members | 271 |
47. Date of Board election | 273 |
47-A. Superintendences, direction and control of election of Members of the Board and of Committees to be vested in the Gurdwara Election Commission | 273 |
48. Electoral roll | 275 |
49. Qualifications of electors | 275 |
50. Right to vote | 276 |
51. Term of membership | 277 |
52. Effect of subsequent disability to serve as member of Board | 278 |
53. Vacancy in Board how to be filled | 279 |
54. First meeting of the Board | 280 |
55. Annual general meeting | 280 |
56. Notice of meeting | 280 |
57. Power of member to call meeting | 281 |
58. Office of Board | 281 |
59. Quorum of Board in general meeting | 281 |
60. Chairman at meetings of the Board | 281 |
61. Decision of questions before Board. | 282 |
62. Office-bearers and executive committee of Board | 282 |
63. Annual election of executive committee of Board. | 283 |
64. Powers of executive committee of Board. | 284 |
65. Vacancy in executive committee how to be filled. | 285 |
66. Member of a committee of management not to be member of executive committee of Board. | 285 |
67. Resignation of member of executive committee or of Board | 285 |
68. Remuneration of members of executive committee | 285 |
69. Servants of the Board; their appointment and punishment | 285 |
The Judicial Commission | |
70. The Judicial Commission. | 286 |
71. Appointment of members of the Commission. | 292 |
72. Member of the Board or of a Committee to resign if appointed a member of Commission | 296 |
73. Remuneration of the members of the Commission | 296 |
74. Officers and servants of the Commission | 296 |
75. Expenses to be shared by Government and Board | 296 |
76. Jurisdiction and procedure of Commission. | 298 |
77. Court and office of Commission. | 309 |
78. Vacancy in Comrnission | 310 |
79. Removal of member of Commission | 310 |
80. Election of president of Commission | 318 |
81. Settlement of difference of opinion in Commission | 320 |
82. Costs in proceedings may be made payable out of income of Sikh Gurdwara | 320 |
83. Dissolution of Commission | 320 |
84. Decision as to whether a person is or is not a patit | 321 |
Committees of Gurdwaras | |
85. | 322 |
86. Committees of gurdwaras other than those specified in section 85 | 328 |
87. Constitutions of committee not specially provided for | 329 |
88. Constitution of committees | 333 |
89. Election of members | 335 |
90. Qualification for election to committee. | 336 |
91. Qualification for nomination to a committee | 337 |
92. Qualification of electors | 338 |
93. Right to vote | 338 |
94. Period of continuance of committees | 338 |
94-A. Incorporation of committees | 339 |
95. Effect of subsequent disability to service as a member of a committee | 339 |
96. Vacancies in committees | 340 |
98. Committees to meet at least three times a year | 341 |
99. Notice of meeting | 341 |
100. Quorum of committee | 342 |
101. Presidents and vice-presidents of committees | 342 |
102. Decisions of questions before committees | 342 |
103. Minutes to be recorded | 342 |
104. Resignation of president and members of committee | 343 |
104-A. Servants of the Committee, their appointment and punishment | 343 |
105. Exclusion of Board acting as committee from operation of this chapter | 343 |
Finances | |
106. Object on which the funds of a gurdwara may be spent | 344 |
106-A. Utilization of surplus income | 347 |
107. Annual contribution to Board | 347 |
108. Formation of General Board Fund | 348 |
108-A. Research fund | 350 |
108-B. Religious fund | 351 |
108-C. Research and religious fund to be governed by the Act | 352 |
109. Funds transferred to Board by Shiromani Gurdwara Prabandhak Committee | 352 |
110. Funds held in trust by the Board for specified purposes | 353 |
111. General Trust Fund | 353 |
112. Separate funds to be maintained for each trust | 354 |
113. Trust funds to be deposited in banks | 354 |
114. Board to maintain accounts of all trust funds and a General Board Fund | 354 |
115. Audit of accounts | 355 |
116. Auditor's report | 355 |
117. Board to consider auditor's report | 355 |
118. Payment of expenses of audit | 356 |
119. Budget of Board | 357 |
120. Accounts to be maintained by Committees | 357 |
121. Audit of committee's account | 357 |
122. Report of Auditor | 358 |
123. Budget of committees | 360 |
124. Recovery of contributions | 361 |
Powers and Duties of the Board | |
125. Powers and duties of the Board generally | 362 |
127. Board may hold and administer trusts | 362 |
127-A. Collection of dues payable to notified Sikh Gurdwaras left in Pakistan | 362 |
127-B. | 363 |
128. Control by Board over executive committee | 364 |
129. What matters may be discussed by Board in general meeting | 364 |
130. Settling of schemes of administration | 364 |
131. Exclusion of Board acting as committee from operation of section 130 | 365 |
132. Power of Board to make bye-laws | 365 |
Powers and Duties of the Committees | |
133. General powers of committees | 372 |
134. Powers of committee to dismiss office-holders | 372 |
135. Procedure when hereditary office-holder or minister is dismissed | 373 |
136. Appointment of ministers and office-holders | 375 |
137. Registers to be kept for gurdwaras | 376 |
138. Alienation of immovable trust property | 377 |
139. Power of committee to make regulations | 377 |
140. Power of committee to make regulations re offering at Sikh Gurdwara | 378 |
Miscellaneous | |
141. Salaries of office- holders to be their property | 379 |
142. Right of interested persons to complain to commission in respect of misfeasance, etc. | 379 |
143. Notice of application to be given | 387 |
144. Government not to interfere with gurdwaras except as provided by this Act or any other Act | 388 |
144-A. Power to denotify or exempt non-historical Gurdwaras | 389 |
145. Act of Board or committee not to be invalidated by informality | 389 |
146. Power of State Government to make rules | 398 |
147. Power of the State Government to invest with judicial powers officers appointed to enquire into conduct of elections | 398 |
148. Language of the Commission | 398 |
148-A. Repeal | 399 |
Temporary and Transitional Provisions | |
148-B. Additional Members of the Board constituted under section 43 and the Executive Committee constituted under Section 62 | 401 |
148-C. Provisions relating to the existing local committees functioning under the Interim Gurdwara Board, Patiala | 404 |
148-D. Provisions as to employees of the Interim Gurdwara Board, Patiala, and local committees functioning under it | 404 |
148-E. Special provisions regarding the assets and liabilities of Interim Gurdwara Board, Patiala | 404 |
148-F. Power to remove difficulties | 405 |
Electoral Offences | |
149. Prohibition of public meetings on the Election day | 406 |
150. Disturbances at election meetings | 406 |
151. Maintenance of secrecy of voting | 406 |
152. Officers etc., at elections not to act for candidates or to influence voting | 407 |
153. Prohibition of canvassing in or near polling stations | 407 |
154. Penalty for disorderly conduct in or near polling station | 408 |
155. Penalty for misconduct at the polling station | 408 |
156. Penalty for illegal hiring or procuring of conveyances at elections | 409 |
157. Breaches of official duty in connection with elections | 409 |
158. Removal of ballot papers from polling station to be an offence | 410 |
159. Other offences and penalties therefore | 410 |
160. Prosecution regarding certain offences | 412 |
161. Amendment of Act V. of 1898 | 412 |
Schedule I | 415 |
Schedule II | 430 |
Schedule III | 435 |
I The Sikh Gurdwaras (Supplementary) Act, 1925 | 437 |
II The Sikh Gurdwaras Rule 1925 | 438 |
III The Sikh Gurdwara Board Election Rules 1959 | 445 |
IV List of other Rules and By-Laws under the Act | 501 |
Gurdwara Reform Movement 1920-25 is considered a glorious chapter in the Sikh history because it led to the passage of the Sikh Gurdwaras Act 1925. The Act is termed as a remarkable achievement of the Sikhs in the twentieth century. The Sikhs got control of important Gurdwaras alongwith full freedom to manage them. Besides creating institutions like Sikh Gurdwaras Tribunal, Sikh Gurdwaras Judicial Commission, Local Gurdwara Committees, Gurdwaras Election Commission, the Act impliedly legalized and recognized the Shiromani Gurdwara Parbandhak committee. It also provided for the composition, powers and functions of all these bodies. The Act was originally passed for the composite Punjab under the British rule. Partition took away a big chunk of Gurdwaras, including very important ones like Nankana Sahib, from the purview of the Act. But the extension of the Sikh Gurdwaras Act to PEPSU area in 1959 brought hundreds of Gurdwaras under the management created by the Act. It continues to be applicable to the areas of post-partition East Punjab and PEPSU and at present about a thousand Gurdwaras are managed in accordance with the provisions of this Act. Bifurcation of that area into Punjab, Haryana, Himachal and Chandigarh by the Punjab Reorganisation Act 1966 has not affected the jurisdiction of the Act. The SGPC has become inter-state body having jurisdiction in three States and one Union Territory. The Punjab Legislature had passed and later introduced important amendments into it from time to time. The Parliament by the Reorganisation Act 1966 has authorized the Central government to amend the Sikh Gurdwaras Act 1925 simply by issuing a notification. The Central Government has amended the Act substantially through this mode. The important amendments by such notifications through this mode. The important amendments by such notifications are the creation of Gurdwara Election Commission, reservation of seats for women in the SGPC, de-enfranchising the Sikhs. It is a scholarly study containing a complete and updated version of the Act alongwith exhaustive analysis of its provisions. The Sikhs all over the world look towards the SGPC, constituted by this Act, for guidance in religious and even in temporal matters. It is a thorough work on a statute which is of extreme importance for the Sikhs.
I hope that this work will be of immense use not only to the members of the Bar and the Bench but also to all those who are entrusted with or interested in the management of Gurdwaras.
Preface
The book is a humble attempt to present the updated version of the Sikh Gurdwaras Act 1925 alongwith exhaustive commentary including almost all the notable judgments delivered by the Privy Council, the Supreme Court of India, the Punjab and Haryana High Court and the Lahore High Court. Decisions of these courts have been appropriately incorporated and analysed. Not to take of good material even bare version of the amended and updated act is not available either in the market or in the offices of the institution which are created and governed by this Act. This will be the only publication containing amendments made in the Act after 1966. Thus it will fill the gap in the availability of the legal literature that was overdue since long. It is a thorough study of the enactment, which the Sikhs compelled the British Government to pass after a long drawn agitation. The Act was a pioneer legislation in the field of regulation of religious institutions.
The author is highly thankful to Dr. S.P. Singh, Vice Chancellor of the University for his scholarly foreword and also for his interest in the publication of the book. I feel indebted to Justice Kuldeep Singh, former Judge, Supreme Court of India for suggesting various improvements in this work and especially for advising the inclusion of the topic of Constitutional Validity of the Sikh Gurdwaras Act. Special thanks are due to Dr. Professor T.S. Mann, former Head, Department of Laws, who had initiated me in the study of this subject. My sincere thanks are due to my colleagues, both on the teaching and non-teaching side, in the Department of Laws for providing me necessary assistance and encouragement to complete this work. I acknowledge the whole-hearted cooperation and assistance received from Advocate Sheraj Singh Hundal during the preparation of this book. I am also thankful to the staff members press and Publication Department of the University for the accuracy and industry in bringing out this volume.
Foreword | (i) |
Preface | (iii) |
Contents | (v) |
Table of Cases | |
History of Gurdwara Management | 1 |
Gurdwara Reform Movement | 5 |
History of Gurdwara Legislation | 13 |
The Sikh Gurdwaras and Shrines Bill, 1921 | 13 |
The Sikh Gurdwaras and Shrines Act, 1922 | 15 |
The Sikh Gurdwaras and Shrines Bill, 1925 | 20 |
History of Gurdwara Management in Pepsu | 23 |
Scheme of the Sikh Gurdwaras Act, 1925 | 31 |
State Control and Regulation of Religious Institutions | 42 |
Constitutional Validity of Enactments relating to | 47 |
Religious Endowments | |
Constitutional Validity of the Sikh Gurdwaras Act 1925 | 54 |
Objects and Reasons of the Sikh Gurdwaras Act 1925 | 71 |
Preamble | 76 |
Chapter I Preliminary | |
Sections | |
1. Short title, extent and commencement | 76 |
2. Definitions | 78 |
Petitions to the State Government relating to Gurdwaras | |
3. List of property of scheduled Gurdwara to be forwarded to the State government | 102 |
(2) Declaration of scheduled Gurdwara and publication of list forwarded under sub-section (1) | |
(3) Notices of claims to property entered in the consolidated list to be sent to persons shown as in possession | |
(4) Effect of publication of declaration and consolidated list under sub-section (2) | |
4. Effect of omission to forward a list under section 3 | 114 |
5. Petitions of claim to property included in a consolidated list | 114 |
(2) Signing and verification of petitions under sub-section (1) | |
(3) Notification of property not claimed under sub-section (1) | |
and effect of such notification | |
6. Claim for compensation by a hereditary office-holder of a Notified Sikh Gurdwara or his presumptive successor | 125 |
(2) Signing and verification of petitions under sub-section (1) | |
7. Petitions to have a Gurdwara declared a Sikh Gurdwara | 127 |
(2) List of property claimed for the gurdwara and of persons in possession thereof to accompany a petition under sub-section (1) | |
(3) Publication of petition and list received under sub-sections (1) and (2) | |
(4) Notice of claims to property to be sent to persons shown in the list as in possession | |
(5) Effect of publication of petition and list under sub-section (3) | |
8. Petition to have it declared that a place asserted to be a Sikh Gurdwara is not such a gurdwara | 135 |
9. Effect of omission to present a petition under section 8 | 146 |
(2) Effect of publication of a notification under sub-section (1) | |
10. Petition of claim to property included in a list published | 149 |
under sub-section (3) of Section 7 | |
(2) Signing and verification of petitions under sub-section (1) | |
(3) Notification of property not claimed under sub-section (1) and effect of such notification | |
11. Claim for compensation by a hereditary office-holder of gurdwara notified under section 7 or his presumptive successor | 161 |
Appointment of and Proceedings before a Tribunal | |
12. Constitution and procedure of tribunal for purposes of the Act | 163 |
13. Procedure on difference of opinion | 171 |
14. Tribunal to dispose of petition under sections5, 6, 8, 10 and 11 | 172 |
15. Power of tribunal to join parties and award costs | 175 |
16. Issue as to whether a gurdwara is a Sikh Gurdwara to be decided first and how issue is to be decided | |
17. Notification of Sikh Gurdwara on finding of tribunal | 202 |
18. Presumption in favour of a Notified Sikh Gurdwara on proof of certain facts when a claim to property is made by an office-holder | 203 |
19. Adjudication by tribunal upon agreements made between office-holder and persons acting on behalf of a Sikh Gurdwara | 210 |
20. Claim for compensation by a hereditary office-holder who has resigned or been dismissed | 211 |
21. Claim for compensation by person alleging right to nominate office-holder of a Notified Sikh Gurdwara | 212 |
22. Matters for consideration in awarding compensation | 213 |
23. Compensation to be paid annually out of income of gurdwara | 216 |
24. Payment to heir of person compensated | 216 |
25. Manner in which compensation is to be paid and recovered if not duly paid | 216 |
25-A. Power of tribunal to pass decrees for possession in favour of the committees of Gurdwaras | 217 |
26. Entry of rights of gurdwara in revenue records | 221 |
27. Treatment of property dedicated to a Notified Sikh Gurdwara but under management of trustees | 221 |
28. Suits for possession of undisputed property of Notified Sikh Gurdwaras | 223 |
29. Exclusion of jurisdiction of the courts | 227 |
30. Decision by courts on certain claims in certain circumstances | 228 |
31. Courts not to continue certain proceedings pending decision as to whether a place is or is not a Sikh Gurdwara | 233 |
32. Transfer of suits pending in court | 235 |
33. Disputes relating to rights of office-holder after a year from commencement of Act | 237 |
34. Appeal against orders of a tribunal | 237 |
35. Court fees | 239 |
36. No court to take cognizance of manner in which the State Government or tribunal exercises its power under the Act | 239 |
37. Courts not to pass an order or grant or execute a decrees inconsistent with decision of a tribunal | 241 |
Chapter IV | |
245 | |
Chapter V Control of Sikh Gurdwaras | |
39. Suits for relief claimable by application under this Part barred | 251 |
40. Board, committees and Commission to be constituted for the | 251 |
41. Control of Sikh Gurdwaras | 252 |
The Board | |
42. Name of Board | 255 |
43. Composition and constitution of the Board | 260 |
43-A. Constitution of new Board | 261 |
44. Constituencies for election of members of Board | 263 |
45. Qualifications of elected members | 268 |
46. Qualifications of nominated members | 271 |
47. Date of Board election | 273 |
47-A. Superintendences, direction and control of election of Members of the Board and of Committees to be vested in the Gurdwara Election Commission | 273 |
48. Electoral roll | 275 |
49. Qualifications of electors | 275 |
50. Right to vote | 276 |
51. Term of membership | 277 |
52. Effect of subsequent disability to serve as member of Board | 278 |
53. Vacancy in Board how to be filled | 279 |
54. First meeting of the Board | 280 |
55. Annual general meeting | 280 |
56. Notice of meeting | 280 |
57. Power of member to call meeting | 281 |
58. Office of Board | 281 |
59. Quorum of Board in general meeting | 281 |
60. Chairman at meetings of the Board | 281 |
61. Decision of questions before Board. | 282 |
62. Office-bearers and executive committee of Board | 282 |
63. Annual election of executive committee of Board. | 283 |
64. Powers of executive committee of Board. | 284 |
65. Vacancy in executive committee how to be filled. | 285 |
66. Member of a committee of management not to be member of executive committee of Board. | 285 |
67. Resignation of member of executive committee or of Board | 285 |
68. Remuneration of members of executive committee | 285 |
69. Servants of the Board; their appointment and punishment | 285 |
The Judicial Commission | |
70. The Judicial Commission. | 286 |
71. Appointment of members of the Commission. | 292 |
72. Member of the Board or of a Committee to resign if appointed a member of Commission | 296 |
73. Remuneration of the members of the Commission | 296 |
74. Officers and servants of the Commission | 296 |
75. Expenses to be shared by Government and Board | 296 |
76. Jurisdiction and procedure of Commission. | 298 |
77. Court and office of Commission. | 309 |
78. Vacancy in Comrnission | 310 |
79. Removal of member of Commission | 310 |
80. Election of president of Commission | 318 |
81. Settlement of difference of opinion in Commission | 320 |
82. Costs in proceedings may be made payable out of income of Sikh Gurdwara | 320 |
83. Dissolution of Commission | 320 |
84. Decision as to whether a person is or is not a patit | 321 |
Committees of Gurdwaras | |
85. | 322 |
86. Committees of gurdwaras other than those specified in section 85 | 328 |
87. Constitutions of committee not specially provided for | 329 |
88. Constitution of committees | 333 |
89. Election of members | 335 |
90. Qualification for election to committee. | 336 |
91. Qualification for nomination to a committee | 337 |
92. Qualification of electors | 338 |
93. Right to vote | 338 |
94. Period of continuance of committees | 338 |
94-A. Incorporation of committees | 339 |
95. Effect of subsequent disability to service as a member of a committee | 339 |
96. Vacancies in committees | 340 |
98. Committees to meet at least three times a year | 341 |
99. Notice of meeting | 341 |
100. Quorum of committee | 342 |
101. Presidents and vice-presidents of committees | 342 |
102. Decisions of questions before committees | 342 |
103. Minutes to be recorded | 342 |
104. Resignation of president and members of committee | 343 |
104-A. Servants of the Committee, their appointment and punishment | 343 |
105. Exclusion of Board acting as committee from operation of this chapter | 343 |
Finances | |
106. Object on which the funds of a gurdwara may be spent | 344 |
106-A. Utilization of surplus income | 347 |
107. Annual contribution to Board | 347 |
108. Formation of General Board Fund | 348 |
108-A. Research fund | 350 |
108-B. Religious fund | 351 |
108-C. Research and religious fund to be governed by the Act | 352 |
109. Funds transferred to Board by Shiromani Gurdwara Prabandhak Committee | 352 |
110. Funds held in trust by the Board for specified purposes | 353 |
111. General Trust Fund | 353 |
112. Separate funds to be maintained for each trust | 354 |
113. Trust funds to be deposited in banks | 354 |
114. Board to maintain accounts of all trust funds and a General Board Fund | 354 |
115. Audit of accounts | 355 |
116. Auditor's report | 355 |
117. Board to consider auditor's report | 355 |
118. Payment of expenses of audit | 356 |
119. Budget of Board | 357 |
120. Accounts to be maintained by Committees | 357 |
121. Audit of committee's account | 357 |
122. Report of Auditor | 358 |
123. Budget of committees | 360 |
124. Recovery of contributions | 361 |
Powers and Duties of the Board | |
125. Powers and duties of the Board generally | 362 |
127. Board may hold and administer trusts | 362 |
127-A. Collection of dues payable to notified Sikh Gurdwaras left in Pakistan | 362 |
127-B. | 363 |
128. Control by Board over executive committee | 364 |
129. What matters may be discussed by Board in general meeting | 364 |
130. Settling of schemes of administration | 364 |
131. Exclusion of Board acting as committee from operation of section 130 | 365 |
132. Power of Board to make bye-laws | 365 |
Powers and Duties of the Committees | |
133. General powers of committees | 372 |
134. Powers of committee to dismiss office-holders | 372 |
135. Procedure when hereditary office-holder or minister is dismissed | 373 |
136. Appointment of ministers and office-holders | 375 |
137. Registers to be kept for gurdwaras | 376 |
138. Alienation of immovable trust property | 377 |
139. Power of committee to make regulations | 377 |
140. Power of committee to make regulations re offering at Sikh Gurdwara | 378 |
Miscellaneous | |
141. Salaries of office- holders to be their property | 379 |
142. Right of interested persons to complain to commission in respect of misfeasance, etc. | 379 |
143. Notice of application to be given | 387 |
144. Government not to interfere with gurdwaras except as provided by this Act or any other Act | 388 |
144-A. Power to denotify or exempt non-historical Gurdwaras | 389 |
145. Act of Board or committee not to be invalidated by informality | 389 |
146. Power of State Government to make rules | 398 |
147. Power of the State Government to invest with judicial powers officers appointed to enquire into conduct of elections | 398 |
148. Language of the Commission | 398 |
148-A. Repeal | 399 |
Temporary and Transitional Provisions | |
148-B. Additional Members of the Board constituted under section 43 and the Executive Committee constituted under Section 62 | 401 |
148-C. Provisions relating to the existing local committees functioning under the Interim Gurdwara Board, Patiala | 404 |
148-D. Provisions as to employees of the Interim Gurdwara Board, Patiala, and local committees functioning under it | 404 |
148-E. Special provisions regarding the assets and liabilities of Interim Gurdwara Board, Patiala | 404 |
148-F. Power to remove difficulties | 405 |
Electoral Offences | |
149. Prohibition of public meetings on the Election day | 406 |
150. Disturbances at election meetings | 406 |
151. Maintenance of secrecy of voting | 406 |
152. Officers etc., at elections not to act for candidates or to influence voting | 407 |
153. Prohibition of canvassing in or near polling stations | 407 |
154. Penalty for disorderly conduct in or near polling station | 408 |
155. Penalty for misconduct at the polling station | 408 |
156. Penalty for illegal hiring or procuring of conveyances at elections | 409 |
157. Breaches of official duty in connection with elections | 409 |
158. Removal of ballot papers from polling station to be an offence | 410 |
159. Other offences and penalties therefore | 410 |
160. Prosecution regarding certain offences | 412 |
161. Amendment of Act V. of 1898 | 412 |
Schedule I | 415 |
Schedule II | 430 |
Schedule III | 435 |
I The Sikh Gurdwaras (Supplementary) Act, 1925 | 437 |
II The Sikh Gurdwaras Rule 1925 | 438 |
III The Sikh Gurdwara Board Election Rules 1959 | 445 |
IV List of other Rules and By-Laws under the Act | 501 |