THE NORTH-WEST FRONTIER 1[PROVINCE] SIKH
RELIGIOUS ENDOWMENT ACT, 1944.
ACT IOF 1945.
(Received the assent of the Governor-General on the 23rd January, 1945, and is published in the "North-West Frontier 11 Province) Government Gazette", Extraordinary, dated the 8th February, 1945).
RELIGIOUS ENDOWMENT ACT, 1944.
ACT IOF 1945.
(Received the assent of the Governor-General on the 23rd January, 1945, and is published in the "North-West Frontier 11 Province) Government Gazette", Extraordinary, dated the 8th February, 1945).
An Act to provide for the better administration of Sikh
Gurd-waras,
Dharamsalas and religious endowments
in the North-West Frontier 1[Province].
Dharamsalas and religious endowments
in the North-West Frontier 1[Province].
WHEREAS it is expedient
to provide for the better administration of Sikh Gurdwaras,
Dharamsalas and Religious Endowments in the North-West Frontier
(Province), it is hereby enacted as follows: —
CHAPTER— 1
1. (1)
This Act may be called the North. -West Frontier
1[Province] Sikh Religious Endowment Act, 1944.
(2) It extends to the
whole of the 2North-West Frontier 1 [Province] .
(3) It shall come into
force at once.
2. In
this Act unless there is anything repugnant in
the subject or context —
(1)
"Board"1 means Provincial Gurdwara Parbandhak Committee constituted
under the provisions of this Act.
(2) "Committee"
means the District Gurdwara Parbandhak Committee constituted under the
provisions of this Act.
1.
Inserted by N.W.F.P, Adaptation of Laws Order,
1975, s. 2 (1) read with schedules which was earler omitted by W.P.L.A Ord,
1964.
2. N3w to be construed as referring to the districts of Banue Dera Ismail Khan, Hazara, Kohat. Mardan and Peshawar by W.P. Act XVI of 1957, s 3 (1), Sch. 1
2. N3w to be construed as referring to the districts of Banue Dera Ismail Khan, Hazara, Kohat. Mardan and Peshawar by W.P. Act XVI of 1957, s 3 (1), Sch. 1
SIKH ENDOWMENT ACT, 1944
(3)
"Custodian" means any office-holder to whom either solely or along
with others, the control of the management or performance of the public
worship in a Gurdwara and of the rituals and ceremonies observed therein is
entrusted and includes a Granthi or any other person in charge by whatever
designation known.
(4)
"Gurdwara" means any place by whatever designation known which has
been or is being used partially or wholly for public worship of Guru Granth
Sahib whether by right, sufferance, custom or usage.
(5)
"Dharamsala" means any institution by whatever designation known
either founded or maintained by persons believing in Sikhisrn, for the public
religious congregation, running of lungers, stay of travelers or any other
charitable purpose.
(6) "Sikh
Endowment" or "Endowment" means all property belonging to or
given or endowed for the support of Dharamsalas, Gurdwaras, or the performance
of worship or chantey connected therewith and includes all income derived from
such properties and all gifts or properties made to the Trustees, Custodian or
any such person in charge of such institutions as such, and shall also include
a Samadh which is sacred to the memory oi any of the ten Gurus of Sikhs or connected
religiously with any life incident of any of the ten Gurus or Sikh religious
personage, y
(7)
"Trustee" means any person by whatever designation known in whom
solely or along with others the administration of the management of the
affairs of a Sikh . cadowment is vested.
(8)
"Prescribed" means prescribed by this Act or Rules made thereunder.
(9) For the
purpose of this Act a person shall H be considered to believe in Sikhism, if
he professes the Sikh religion or, in the case of a deceased person, who
professed the Sikh religion or was known to be a Sikh during his life times. If
any question arises as to whether any living person is or is not a Sikh, he
shall be deemed respectively to be or not to be a
SIKH ENDO WMENT ACT, 1944
Sikh, accordingly as he makes or refused to make in such manner as the Provincial Government may prescribe the following declaration: —
"I solemnly affirm that I am a Sikh, that
I believe in the Guru Granth Sahib, that
I believe in ten Gurus and that 1 have no other religion".
Sikh, accordingly as he makes or refused to make in such manner as the Provincial Government may prescribe the following declaration: —
"I solemnly affirm that I am a Sikh, that
I believe in the Guru Granth Sahib, that
I believe in ten Gurus and that 1 have no other religion".
CHAPTER—II
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3. There shall be
constituted a Committee styled as District Gurdwara Parbandhak Committee in
each district of the Province, which shall exercise jurisdiction over all
Gurdwaras, Dharamsalas and Sikh Endowments in the district.
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District Gurdwara
Parbandhak Committee.
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4. The Office of the
Committee shall be the headquarters of the district.
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Offices of the Committee.
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5. Each Committee
shall consist of nine members except in the case of Peshawar District where
the number shall be ! 3, elected in the manner hereinafter provided:
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Composition of
District committee.
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Nine members in the
case of Peshawar Committee and six in the case of other Committee
to be elected by all the Sikh voters in the electoral roll of the
district for Provincial 1|..........] Assembly in
the manner prescribed by the Provincial Government, and the remaining shall be
coopted from the Sikh residents of 1he district by elected members of each
Committee at a meeting specially called for the purpose.
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6. The quorum for the meeting of the Committee shall be four except in the case of Peshawar where it shall be five. |
Ouorum
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7.
The term of office of Committee shall be Jive years.
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Term of office of
Committee.
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8. Within a fortnight
after the completion of the co-option a special meeting of the Committee
shall be called to elect a President and a Vice-President from amongst its
members. The President and Vice-President shall hold offices for the term of
the Committee unless they arc or any of them is removed by two-third of the
majority at a meeting specially called for the purpose.
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Election of office
bearers,
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1. The word
“Legistative” omitted by W.P. Laws (Adoptation) Order, 1964.
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Secretary of the
Committee.
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9. The Committee may
appoint one of its members or some other Sikh as its Secretary for such
period as it may fix provided that if a member is appointed as Secretary he
shall not receive any "remuneration.
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Decisions of the
Committee.
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10. Except in the case
as otherwise provided in the Act, all decisions at a meeting of the Committee
or Board shall be by majority of voting. In case of equality of votes, the
member presiding shall have a second or a casting vote.
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Staff of Committee.
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11. The Committee may
appoint such staff on such salaries, allowances or other conditions of
service as may be necessary for the purpose of carrying on its duties and
functions under the Act.
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Punishment of Staff.
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12. Punishment and
dismissal of staff shall vest with the Committee in conformity with the rules
prescribed therefor by the Board and approved by the Provincial Government,
provided that such punishment or dismissal shall be subject to r vision of
the Board whose decision shall be final.
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Powers and functions
of the Committee.
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13.
(1) Every Committee shall be a body, corporate by the name of the
Committee of management of the Gurdwaras, Dhar-amsalas, or Sikh endowments
under its management and shall have perpetual succession and a common seal
and shall sue and be sued in its corporate name.
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(2) Subject to the
provisions of this Act, a Committee shall have full powers of control over the
office-holders, Custodians, Trustees or any other persons by whatever
designation known in charge of a Gurdwara, Dharamsala or other Sikh endowment,
and all properties and incomes of whatever description f belonging to the
Gurdwara, Dharamsala or other Sikh endowments, its management and of enforcing
the proper observance of all ceremonies and Sikh observances in connection
with the Gurdwaras or Dharamsalas, and of taking all such measures as may be
necessary to ensure the proper management of the Gurdwaras, Dharamsalas or
Sikh endowments and the efficient administration of the property, income and
endowments thereof; and shall also perform all or any of the following
functions:—
(a) exercise the power of superintendence over all endowments situated within its jurisdiction;
(b) sanction, disapprove or modify the budget prepared by the Trustee, Custodian or any other person by whatever designation known in charge of an endowment under its supervision; except in the case of duly elected bodies;
(a) exercise the power of superintendence over all endowments situated within its jurisdiction;
(b) sanction, disapprove or modify the budget prepared by the Trustee, Custodian or any other person by whatever designation known in charge of an endowment under its supervision; except in the case of duly elected bodies;
SIKH ENDOWMENT ACT, 1944
(c) prepare and
settle its own budget;
(d) undertake all
that is necessary for the propagation of tenets of Sikhism, maintenance and
upkeep of religious places, and lock after the comfort of worshippers,
travelers of religious endowments;
(e) make
recommendation to the Board for its help and support in places where the
Committee cannot meet the expense;
(f) enter into and
inspect endowment properties situated within its jurisdiction;
(g) administer its funds
whether realized by donation, contributions or from any other source in the way
it deems proper;
(h) maintain a complete
and authentic record of all the rights, titles and all monetary endowments of
such religions endowments with full particulars relating to--
(i) their income,
(ii) the origin of their
titles and rights,
(iii) the name of person
in possession of such titles;
(i) institute and
defend suits and proceedings in a Court of Law relating to all matters
connected with administration of the endowments;
(j)
keep regular accounts of its receipts and disbursements:
(k) submit monthly
reports about the administration of the endowments to the
Board;
(l) subject to
the provisions of this Act, the Committee shall be bound to obey all the
directions of the Board.
14. (1) Every Trustee or
Custodian in charge of a Gurd-wara, Dharamsala or Sikh Endowment shall pay
annually to the Committee a contribution in money out of the income of the
Gurdwara, Dharamsala or Sikh Endowment under its charge.
SIKH ENDOWMENT ACT, 1944
(2) The proportion which
such contribution shall bear to the annual income of a Gurdwara, Dharamsala or
Sikh Endowment shall be fixed for such Gurdwara, Dharamsala or Sikh Endowment
by the Board, after considering the income of such Gurdwara, Dharamsala or Sikh
Endowment, provided that it shall not exceed one-tenth of the annual income:
Provided further that any offering or subscription for a specific purpose for which consent of Board is obtained shall not be treated as income for this purpose.
(3) Out of such contributions the Committee shall pay one-half to the Board.
(4) The Board shall be competent to exempt any Gurdwara, Dharamsala or Sikh endowment from payment of the contribution under sub-clause (2) if it finds that such institution cannot afford to make such contributions.
Provided further that any offering or subscription for a specific purpose for which consent of Board is obtained shall not be treated as income for this purpose.
(3) Out of such contributions the Committee shall pay one-half to the Board.
(4) The Board shall be competent to exempt any Gurdwara, Dharamsala or Sikh endowment from payment of the contribution under sub-clause (2) if it finds that such institution cannot afford to make such contributions.
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Delegation of Powers.
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15. The Committee or
Board may delegate any of their powers to its President, Vice-President, or
Secretary, provided that such delegation shall be by two-thirds majority of
the members present at a meeting specially called for the purpose.
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CHAPTER—HI
PROVINCIAL GURDWARA PARBANDHAK COMMITTEE.
PROVINCIAL GURDWARA PARBANDHAK COMMITTEE.
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Provincial Gurdwara
Parbandhak Committee.
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16. There shall be
constituted a Provincial Gurdwara Parbandhak Committee which shall exercise
powers over all Committees constituted under this Act.
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Composition of the Board,
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17. The Board shall be
constituted of i;'19j members selected in the manner hereinafter provided:—
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(a) 2[...--.J
(b) Five members to be elected by the Peshawar Committee.
(b) Five members to be elected by the Peshawar Committee.
(c) Two
members to be elected by each of the five remaining Committees.
(d) Four
members to be co-opted by these 3[15[ members out of the Sikh residents of the
North! West Frontier Province.
1.
Subsumed by W.P. (Adaptation of Laws) Order, 1958, s. 3. Sch. VI.
2.
Clause (a) omitted by. W.P. (Adaptation of Laws) order, 1958 s. 3. Sch- VI.
3. Substituted ibid for the figures “17”
SIKH E.NDO MEXT ACT, 1944.
3. Substituted ibid for the figures “17”
SIKH E.NDO MEXT ACT, 1944.
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18.
The Office of the Board shall be at Peshawar.
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Officer of Board.
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19. Within a fortnight
after the completion of the co-option a special meeting of the Board shall be
called to elect a President and a Vice-President from amongst its members.
The President and Vice-President shall hold offices for the term of the Board
until they are or any of them is removed by two-thirds majority at a meeting
specially called for the purpose.
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Election of President
and vice President of the Board.
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20. The Board may
appoint one of its members or some other Sikh as its Secretary for such
period as it may fix, provided that if a member is appointed as Secretary he
shall not receive any remuneration.
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Secretary of the
Board.
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21. The Board may
appoint such staff on such salaries, allowances or other conditions of
service as may be necessary for the purpose of carrying out the provisions of
this Act.
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Staif of Board.
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22.
The Quorum for a meeting of the Board shall be 10.
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Quorum.
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23. (I) Subject to the
provisions of this Act, the Board, may frame bye-laws on any of the following
matters, namely: —
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By-laws.
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(a) The books,
registers and account to be maintained by the Board, a Committee, or by
Trustees, or Custodians under the provisions of this Act.
(b) The custody and investment of the funds of the Board,, a Committee, or Trustees or Custodians in charge of a Gurdwara, Dharamsala or a Sikh Endowment.
(c| The form and the mdnrier jri which the budget of the Board a Committee, Trustee or Custodian in charge of a Gurdwara, Dharamsala or a Sikh Endoment be prepared.
(d) The mariner in and the time at which the statements, , reports and returns shall be submitted as required by the Act or prescribed by the rules thereunder.
(2) All bye-laws framed under this Act shall be published in the official Gazette.
24. The Board shall exercise the powers of general supervision over the Committee, Gurdwaras, Dhatafhsalas and other Sikh Endowments, and may perform all or any of the following functions: —
(a) Prepare and settle its own budget.
(b) The custody and investment of the funds of the Board,, a Committee, or Trustees or Custodians in charge of a Gurdwara, Dharamsala or a Sikh Endowment.
(c| The form and the mdnrier jri which the budget of the Board a Committee, Trustee or Custodian in charge of a Gurdwara, Dharamsala or a Sikh Endoment be prepared.
(d) The mariner in and the time at which the statements, , reports and returns shall be submitted as required by the Act or prescribed by the rules thereunder.
(2) All bye-laws framed under this Act shall be published in the official Gazette.
24. The Board shall exercise the powers of general supervision over the Committee, Gurdwaras, Dhatafhsalas and other Sikh Endowments, and may perform all or any of the following functions: —
(a) Prepare and settle its own budget.
SIKH ENDOWMENT ACT, 1944
(b) Call for the
budget of any Committee that the Board by a resolution deems proper and amend if
it thinks necessary.
(c) Help a
Committee in all its functions as it thinks proper when approached to do so.
(d) Arrange
for the audit of its own accounts and the accounts of the Committees and of
Gurdwaras, Dha-ramsalas and Sikh Endowments in the Province by such auditors as
it may appoint.
(e) Take over
direct control of any Gurdwara, Dharam-sala or other Sikh Endowment from any
Committee, Trustee or Custodian, provided that such a resolution is passed by
three-fourth majority in a meeting specially called for the purpose.
CHAPTER—IV
REGISTRATION
REGISTRATION
25. (1) Aii
Gurdwaras,Dharamsalas and Sikh Endowments shall be registered at the office of
the Committee of the district in which they are situated.
(2) Within three months
of the formation of a Committee, the Trustee or Custodian shall make an
application for the registration of the Gurdwara, Dharamsla or Sikh Endowment
in his charge. In case of a Gurdwara, Dharamsala or Sikh Endowment coming into
existence after the formation of the Committee, its Trustee or Custodian shall,
within three months of his taking over charge, make an application for
registration thereof.
(3) The application
under this section shall be accompanied by a statement containing the following
particulars: —
(a) A full description of the Gurdwara, Dharamsala or Sikh Endowment, as the case may be.
(a) A full description of the Gurdwara, Dharamsala or Sikh Endowment, as the case may be.
(b) The
annual income and its source with scheme of
administration, if any.
(c) The
approximate expense including Government dues, salaries of employees, etc.
SIKH ENDOWMENT ACT, 1944
(4) On receipt of such
application, the Committee may require the applicant to supply further
information that it may deem necessary before registration.
26. (1) The Committee shall maintain a Register of all Gurdwaras, Dharamsalas and Sikh Endowments which shall contain in the following particulars, namely:—
(a) the names of Trustees or Custodians;
(b) particulars of property, income, expense and system of administration; and
(c) such other particulars as may be prescribed.
26. (1) The Committee shall maintain a Register of all Gurdwaras, Dharamsalas and Sikh Endowments which shall contain in the following particulars, namely:—
(a) the names of Trustees or Custodians;
(b) particulars of property, income, expense and system of administration; and
(c) such other particulars as may be prescribed.
(2) A copy of the
entries and statements mentioned in clause (1) shall be submitted by the
Committee to the Board within a fortnight of the registration.
CHAPTER— V.
CHAPTER— V.
27. (i) The Board or a
Committee in whose jurisdiction a Gurdwara, Dharamsala or a Sikh Endowment is
situated but has not been registered within the prescribed period, may apply to
the principal court of original civil jurisdiction within whose jurisdiction
such Gurdwara, Dharamsala or Sikh Endowment is situated praying that such
institution be declared Gurdwara, Dharamsala or a Sikh Endowment as the case
may be, for the purposes of this Act.
(2) The Court in which such application is instituted under the provisions of sub-section (1) shall by notice to be published in such a manner as it may consider fit call upon persons having interest in such Gurdwara, Dharamsala or Sikh Endowment to show cause why such place or institution be not declared as Gurdwara, Dharamsala or a Sikh Endowment as prayed for and shall fix a date not less than one month from the date of the publication of the notice.
(3) The application shall be registered and heard in the manner prescribed by the Civil Procedure Code for a suit subject to the provisions of sub-section (2) and the Court shall give a declaration if it comes to the conclusion that the place or institution is a Gurdwara, Dharamsaia or a Sikh Endowment, as defined by sub-sections (4), (5) and (6) of Section 2 of this Act. For the purposes of Court Fees, it shall be treated as miscellaneous application.
28. An appeal shall lie against the order under Section 27 (3) to the MHigh Court).
(2) The Court in which such application is instituted under the provisions of sub-section (1) shall by notice to be published in such a manner as it may consider fit call upon persons having interest in such Gurdwara, Dharamsala or Sikh Endowment to show cause why such place or institution be not declared as Gurdwara, Dharamsala or a Sikh Endowment as prayed for and shall fix a date not less than one month from the date of the publication of the notice.
(3) The application shall be registered and heard in the manner prescribed by the Civil Procedure Code for a suit subject to the provisions of sub-section (2) and the Court shall give a declaration if it comes to the conclusion that the place or institution is a Gurdwara, Dharamsaia or a Sikh Endowment, as defined by sub-sections (4), (5) and (6) of Section 2 of this Act. For the purposes of Court Fees, it shall be treated as miscellaneous application.
28. An appeal shall lie against the order under Section 27 (3) to the MHigh Court).
1. Subs, by
N.-W. F. P., A. L. O., l975.
SIKH ENDOWMENT ACT 1944
CHAPTER—VI
AUDIT OF ACCOUNTS
CHAPTER—VI
AUDIT OF ACCOUNTS
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Audit of accounts.
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29. (I) The accounts
of the Board and the Committees will be audited annually by the auditors
appointed under Section 24 (d).
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(2) The auditor shall
submit the report to the Board.
(3) The audit report shall inter alia specify cases of irregular or improper expenditure or loss or waste of money or other property caused by neglect or misconduct of the Trustee or any other person in charge of the Gurdwara, Dharamsala or Sikh Endowment.
(3) The audit report shall inter alia specify cases of irregular or improper expenditure or loss or waste of money or other property caused by neglect or misconduct of the Trustee or any other person in charge of the Gurdwara, Dharamsala or Sikh Endowment.
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Examination of
Auditors Reoport.
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30. At a special
meeting convened for the purpose, the Board shall examine the auditors'
report and take such action as it deems proper and shall submit a copy
thereof to the Provincial Government with its own opinion.
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Assistance to
Auditors.
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31. For the purpose of
any audit or any examination of accounts, the auditor may demand, in writing,
from a Trustee, member or servant of a Committee or of the Board or any other
person by whatever designation known in charge of an endowment, production
before him of all books, deeds, vouchers, documents or papers, to answer all
question which he may deem necessary, and may require any person holding or
accountable for such books, deeds, vouchers, documents or papers, to answer
all questions which may be put to him with respect to the same.
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CHAPTER—VII.
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Trustees Custodians
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32.
Subject 10 the provisions of this Act, the Trustee, or
Custodian in whom the administration and management of Gurdwara, Dharamsala
or Sikh endowrnents vest at the commencement of the Act
shall continue to manage and administer such endowments.
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Disqualification of
Trustees, etc.
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33.
A Trustee, Custodian or any person in charge of an endowment
shall cease to hold such office if he—
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(a) ceases
to be a Sikh, or is a non-Sikh.,
(b) becomes insane, or
(c) is convicted by any court of law for an offence involving moral turpitude, or
(b) becomes insane, or
(c) is convicted by any court of law for an offence involving moral turpitude, or
SIKH ENDOWMENT ACT, 1944.
(d) is found to the satisfaction of the Committee— (i) leading an immoral life, (ii) to be addicted to the use of intoxicants, or
(d) is found to the satisfaction of the Committee— (i) leading an immoral life, (ii) to be addicted to the use of intoxicants, or
(e) persistently
commits defaults in the submission of accounts, reports and returns prescribed
by the Board or Committee, or
(f) is
guilty of improper dealing with the properties in his charge.
(g) becomes
insolvent, or
(h) is guilty of
gross neglect of duty, or
(i) is
guilty of keeping mode of worship contrary to the Sikh religious principles and
practices.
34. If the office of a
Trustee or a Custodian falls vacant by death, resignation or otherwise, the
successor shall be governed by custom or practice applicable to the
institution, failing that by the order of the Board.
35. (1) Should a Committee
be incompetent to perform or persistently make default in the performance of
the duties imposed on it by law or exceed or abuse its powers, the Board may,
by a resolution passed by two-third of the majority of the members, declare the
Committee to be superseded in a meeting specially called for the purpose.
(2) When a Committee is
so superseded, the following consequences shall ensue:—
(a) All members
of the Committee shall from the date of the passing of the resolution vacate
their seats
(b) All powers and
duties of the Committee, may until the Committee is reconstituted, be exercised
and performed by such persons as the Board mav appoint in th; 1 behalf.
(c) All
property vested in the Committee shall, until the Committee is reconstituted,
vest in the Board.
(3) The Board may, if it
thinks (it, at any time reconstitute another Committee by a resolution passed
by two-third of the majority of the existing members at a meeting specially
called for the purpose:
SIKH ENDOWMENT ACT, 1944.
SIKH ENDOWMENT ACT, 1944.
Provided
no super session shall last for
more than the remaining life time of the Committee so superseded.
36.
(1) If a Trustee, or a Custodian fails without reasonable excuse, of which the
burden of proof shall rest on him, to—
(a) apply
for registration of Endowment under Sectio n 25, or
(b) submit statements, particulars of accounts and returns as required by this Act, or
(c) supply information of particulars as required by the Committee, or
(b) submit statements, particulars of accounts and returns as required by this Act, or
(c) supply information of particulars as required by the Committee, or
(d) give
assistance in enquiries and investigation when called upon to do so by the
Board or a Committee, or by the auditors or officers of the Committee working
under the orders of the Committee, or
(e) to deposit
any surplus income in respect of Endowment in any recognized Bank when
directed by the Board to do so, or
(f) comply
with the directions issued by the Board under Section 24,
such Trustee or
Custodian shall on conviction be punishable with' imprisonment of either
description for a period which may extend to one year or fine which may extend
to Rs. 1,000 or with both. ' •
(2) No magistrate shall take cognizance of an offence under sub-section (1)
otherwise than on complaint made by a person duly authorized by the Board in
this behalf.
(3) The offence under this section shall be triable by a Magistrate of the First Class, and shall be compoundable.
CHAPTER—VII
37. The fund of the Committee shall" consist of the following:—
(3) The offence under this section shall be triable by a Magistrate of the First Class, and shall be compoundable.
CHAPTER—VII
37. The fund of the Committee shall" consist of the following:—
(a) All sums
received from the religious endowments within the territorial jurisdiction as
contributions.
(b) All sums
realized from legal proceedings instituted or defended by or on behalf of the
Committee.
SIKH ENDOWMENT ACT, 1944.
SIKH ENDOWMENT ACT, 1944.
(e) All
sums received or collected as subscriptions or
donations.
(d) All incomes derived from the property gifted to or owned by the Committee.
(d) All incomes derived from the property gifted to or owned by the Committee.
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38. The Committee
shall set apart and apply out of their funds—
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Application of
Committee Fund.
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(a) such
sums as may be required to meet the charges of their respective
establishment;
(b) such sums as may be required to be paid to the Board by way of contribution;
(c) such sums as may be required to be spent on educational, religious and charitable purposes.
(b) such sums as may be required to be paid to the Board by way of contribution;
(c) such sums as may be required to be spent on educational, religious and charitable purposes.
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39. If a Trustee or
Custodian of any Gurdwara, Dharam-sala or Sikh Endowment fails to pay the
contribution to the Committee as laid down in Section 1 3 within three
months when it falls due, such contribution shall be recoverable by the
Committee as arrears of land revenue on application made to the Collector.
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Failure of Payment of
contribution by Trustee, Custodians etc. and its recovery.
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40. The fund of the
Board shall be named as Central Endowment Fund and shall consist of the
following:—
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Central Endowment
Fund.
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(a) All sums
received as contributions from the Committee.
(b) All sums realized from legal proceedings instituted or defended by or on behalf of the Board.
(c) All sums received or collected as subscriptions or donations.
(d) All incomes derived from the property gifted or owned by the Board.
(b) All sums realized from legal proceedings instituted or defended by or on behalf of the Board.
(c) All sums received or collected as subscriptions or donations.
(d) All incomes derived from the property gifted or owned by the Board.
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41.
The performance of the daily worship, ceremonials,,
celebration of religious days and payments of
allowances, fees, remunerations and
salaries of officers, servants
and priests employed in a Gurdwara, Dharamsala or a
sikh Endowment shall be the first charge on the income of
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Charges on endowments.
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42. Subject to the
provisions of this Act, arid subject lo the instructions which the Board may
issue in this behalf, tile .funds and income of Gurdwara, Bharanisalas and
Sikh Endowments shall be utilized and appropriated for the following purposes:-
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Application Endowment
income.
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(a) Payment
of the prescribed contribution.
SIKH ENDOWMENT ACT, 1944
(b)
Discharge of any legal or other obligations created or existing against the
funds.
(c) Provision for the preaching of the tenets of Sikh religion.
(d) Provision for any educational, religious, or charitable purposes that the Board may lay down.
(c) Provision for the preaching of the tenets of Sikh religion.
(d) Provision for any educational, religious, or charitable purposes that the Board may lay down.
CHAPTER IX
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Enquiry by the Board.
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43. For the purpose of
verifying the details furnished by the Trustee, Custodian or any other person
in charge of a Gurdwara, Dharamsala or Sikh Endowment under Section 32 or
acting on the report of the auditors, the Board may enquire into any matter
either through any of its officers or through the Committee.
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Petition against
Endowment administration.
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44. Any person who is
a Sikh and is a voter in 1[in the case of electoral roll of the Provincial
Assembly of West Pakistan] may by an application, request the Board to
institute enquiry into the administration of Committee or into the affairs of
Gurdwara, Dharamsala, or Sikh endowment, and thereupon the Board may-take
such action as it may deem fit.
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Protection of Board,
Committee or its Officers.
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45. (1) Save as
otherwise provided in this Act, no act done or direction issued by the Board
or the Committee in accordance with the Act or the rules thereunder shall be
questioned in any court.
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(2) No suit shall be
instituted against the Board or any of its members or servant of the Committee
for anything done by it or by him is good faith under the provisions of this Act.
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Notice of suits to
Committee.
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46. When any suit
relating to the title to any Gurdwara, Dharamsala, or Sikh Endowment property
or to the rights of a Trustee, or Custodian is instituted in any Civil Court,
such Court shall give notice of such suit to the Disirict Committee within
whose jurisdiction the property in question is situated, at the cost of the
plaintiff.
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CHAPTER--X
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Rules.
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47. (1) The Provincial
Government may make rules not-inconsistent with the Act to carry out all or
any of the purposes of she Act.
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1. Subs. by.
W.P.A.L.O. 1958.
SIKH ENDOWMENT ACT, 1944
(2) In particular
and without prejudice to the generality of the foregoing power, the Provincial
Government may make rules for:—
(i) the
nomination of candidate, the procedure of election to be held under the
provisions of this Act, the mode of recording and counting of votes and the
declaration of the results of such elections;
(ii) the conduct
of enquiries and the decision of dispute
relating to elections;
(iii) the
definition of practices at elections held under the provisions of this Act
which are to be deemed to be corrupt;
(iv) the investigation
of allegations of corrupt practice at such elections;
(v) making void the
election of any person proved to have been guilty of a corrupt practice or to
have connived at, abetted the commission of a corrupt practice or whose agent
has been so proved guilty, or the result of whose elections has been materially
affected by the breach of any law or rule for the time being in force;
(vi) rendering incapable
of office, either permanently of for a term of year any person who may have
been proved guilty as aforesaid of a corrupt practice or of conniving at or
abetting the same;
(vii) prescribing the
authority by which question relating to the matters referred in clauses (i) to
(vi) shall be determined:
(viii)the authority to
whom and the manner in which applications and appeals
and records of such
proceedings, which may and should under the provision
of this Act be presented, made or forwarded.
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48. The Provincial
Government may invest any person or persons authorized by it to hold an
enquiry into the conduct of, or into allegations of corrupt practice;-, at an
election held under the provisions of this Act with all or any of the powers
conferred upon Commissioner appointed to hold an enquiry into an
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Inquiry into corrupt
practices at election.
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SIKH ENDOWMENT ACT, 1944
election by provision of
the 1(Pakistan Election Offences and Notification Act, 1920), and may prescribe
the procedure to be followed, and provide for the execution of any order as to
cost passed by such person or persons in such enquiry.
49. (1) Subject to the
approval of the Provincial Government the Board may also make rules not
inconsistent with the provisions of this Act.
(2) In particular and
without prejudice to the generality of the foregoing provisions, the Board
shall, subject to the approval of the Provincial Government, make rules with
reference to the following matters:—
(a) all
matters expressly required or allowed by this Act to be prescribed by the Board
or Committee:
(b) the
conduct of business of the Board and the Committee ;
(c) the
grant of travelling allowance to the members of the Board and the Committees;
(d) the
books and accounts to be kept at the offices of the Board and the Committee;
(e) the manner in
which the endowment account shall be audited, and published, the forms and
contents of the auditor's report, and the scale of remuneration to be paid to
the auditor;
(f) the
method of calculating the income of the endowments, for the purpose of levying
contribution under this Act;
(g) the fee to be
levied on application before the Board or Committee under this Act or on
application for copies of proceedings or other records of the Board or
Committee;
(h) the method of
election of President and Vice-President of the Board and of the Committee.
50. AH
rules made under this Chapter shall be published in the gazette and shall
therefore have the force of law;
I. Substituted
by Act, No. XXXIX of 1920.
SIKH ENDOWMENT ACT, 1944.
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51. A copy of the
budget of the Board shall be submitted to the Government for information. The
Board shall furnish such information and submit such report, returns and
statements as may be called for by the Provincial Government.
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Copy of Budget, etc,
to the Government.
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52. So far as the
religious endownment included in this Act are concerned the Religious
Endowment Act, 1863, and the Charitable and Religious Trust Act, 1920, are
hereby repealed.
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Repeal of certain
Acts.
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