The Khyber Pakhtunkhwa Sikh Religious Endowment Act, 1944
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Main Category: | Acts | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Specific Category Name: | Public | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Year | 1945 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Promulgation Date: | 08-02-1945 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Details: | THE KHYBER PAKHTUNKHWA, SIKH
RELIGIOUS ENDOWMENT ACT, 1944. CONTENTS Preamble.
3. District Gurdwara Parbandhak
Committees.
CHAPTER—III. Provincial Gurdwara Parbandhak
Committee. 16. Provincial Gurdwara Parbandhak Committee.
CHAPTER—IV. Registration.
CHAPTER—V. 27. Legal Proceedings.
CHAPTER—VI. Audit of Accounts. 29. Audit of accounts.
CHAPTER—VII. 32. Trustees and Custodians.
37. Committee Funds.
CHAPTER—IX. 43. Enquiry by the Board.
CHAPTER—X. 47. Rules.
THE
[1][KHYBER
PAKHTUNKHWA] SIKH
An
Act to provide for the better administration of Sikh Gurd-waras,
(2) It extends to the whole of
the [6][Province
of the Khyber Pakhtunkhwa]. (3) It shall come into force at
once.
(1)
"Board" 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. (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 Sikhism, 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 charity 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 of any of the ten
Gurus of Sikhs or connected religiously with any life incident of any of the
ten Gurus or Sikh religious personage. (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 . endowment is vested. (8)
"Prescribed" means prescribed by this Act or Rules made thereunder. (9)
For the purpose of this Act a person shall 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, accordingly
as he makes or refused to make in such manner as the Provincial Government may
prescribe the following declaration:—
CHAPTER—II.
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 [7]|..........]
Assembly in the manner prescribed by the Provincial Government, and the
remaining shall be coopted from the Sikh residents of the district by elected
members of each Committee at a meeting specially called for the purpose.
(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 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; (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.
(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:
CHAPTER—III.
(a)
[9][....]. (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 [10][15[
members out of the Sikh residents of the [11][Khyber
Pakhtunkhwa] .
(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 manner in which
the budget of the Board a Committee, Trustee or Custodian in charge of a
Gurdwara, Dharamsala or a Sikh endowment be prepared. (d)
The manner 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.
(a)
Prepare and settle its own budget. (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, Dharamsalas and
Sikh Endowments in the Province by such auditors as it may appoint. (e)
Take over direct control of any
Gurdwara, Dharamsala 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
(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. (b) The annual income and its
source with scheme of administration, if any. (c) The approximate expense including
Government dues, salaries of employees, etc. (4) On receipt of such application,
the Committee may require the applicant to supply further information that it
may deem necessary before registration.
(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.
(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.
CHAPTER—VI.
(2) The auditor shall submit the
report to the Board.
CHAPTER—VII.
(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 (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.
(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 that 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: Provided no
supersession shall last for more than the
remaining life time of the Committee so superseded.
(a)
apply for registration of Endowment
under Section 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 (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.
(a)
All sums received from the
religious endowments within the territorial jurisdiction as contributions. (b)
All sums realised from legal
proceedings instituted or defended by or on behalf of the Committee. (d)
All sums received or
collected as subscriptions or donations. (e)
All incomes derived
from the property gifted to or owned by the Committee.
(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.
(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.
(a)
Payment of the prescribed
contribution. (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. CHAPTER-IX.
(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 in good faith under the
provisions of this Act.
CHAPTER—X
(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.
(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.
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