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Sikh Gurdwaras Act 1925

THE SIKH GURDWARAS ACT, 1925.

(Punjab Act VIII of 1925)

C O N T E N T S

PART I

CHAPTER I

PRELIMINARY

Sections

         1.         Short title, extent and commencement.

         2.         Definitions.

CHAPTER II

PETITIONS TO PROVINCIAL GOVERNMENT

RELATING TO GURDWARAS

         3.          List of property of scheduled Gurdwara to be forwarded to the Provincial Government.

        Declaration of scheduled Gurdwara and publication of list forwarded under sub-section (1) in a consolidated list.

                      Notices of claims to property entered in the consolidated list to be sent to persons shown as in possession.

                      Effect of publication of declaration and consolidated list under sub-section (2).

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

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

        Signing and verification of petitions under sub-section (1).

                      Notification of property not claimed under sub-section (1) and effect of such notification.

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

        Signing and verification of petitions under sub-section (1).

         7.          Petition to have a gurdwara declared a Sikh Gurdwara.

        List of property claimed for the gurdwara and of persons in possession thereof to accompany a petition under sub-section (1).

                      Publication of petition and list received under sub-sections (1) and (2).

                      Notice of claims to property to be sent to persons shown in the list as in possession.

                      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.

         9.          Effect of omission to present a petition under section 8.

        Effect of publication of a notification under sub-section (1).

       10.          Petition of claim to property included in a list published under sub-section (3) of section 7.

        Signing and verification of petitions under sub-section (1).

                      Notification of property not claimed under sub-section (1), and effect of such notification.

       11.          Claim for compensation by a hereditary office-holder of a Gurdwara notified under section 7 or his presumptive successor.

        Signing and verification of petitions under sub-section (1).

CHAPTER III

APPOINTMENT OF, AND PROCEEDINGS

BEFORE, A TRIBUNAL

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

       13.          Procedure on difference of opinion.  

       14.          Tribunal to dispose of petitions under sections 5, 6, 8, 10 and 11.

       15.          Power of tribunal to join parties and award costs.

       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.

       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.

       19.          Adjudication by tribunal upon agreements made between office-holder and persons acting on behalf of a Sikh Gurdwara.

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

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

       22.          Matters for consideration in awarding compensation.

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

       24.          Payment to heirs of person compensated.

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

   25-A.          Power of tribunal to pass decrees for possession in favour of the committee of gurdwaras.

  26. Entry of rights of gurdwara in revenue records.

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

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

       29.          Exclusion of jurisdiction of the courts.

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

       31.          Courts not to continue certain proceedings pending decision as to whether place is or is not a Sikh Gurdwara.

       32.          Transfer of suits pending in courts.

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

       34.          Appeal against orders of a tribunal.

       35.          Court-fees.

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

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

PART II

CHAPTER IV

APPLICATION OF PROVISIONS OF PART III TO GURDWARAS FOUND TO BE SIKH GURDWARAS BY COURTS OTHER THAN A TRIBUNAL UNDER THE PROVISIONS OF THE ACT

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

PART III

CHAPTER V

CONTROL OF SIKH GURDWARAS

       39.          Suits for relief claimable by application under this Part, barred.

       40.          Board, Committees and Commission to be constituted for the purposes of this Act.

       41.          Control of Sikh Gurdwaras.

CHAPTER VI

THE BOARD

       42.          Name of Board.

       43.          Composition and constitution of the Board.

       44.          Constituencies for election of members of Board.

       45.          Qualifications of elected members.

       46.          Qualifications of nominated members.

       47.          Date of Board elections.

       48.          Electoral Roll.

       49.          Qualifications of electors.

       50.          Right to vote.

       51.          Term of membership.

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

       53.          Vacancy in Board, how to be filled.

       54.          First meeting of the Board.

       55.          Annual general meeting.

       56.          Notice of meeting.

       57.          Power of members to call meeting.

       58.          Office of Board.

       59.          Quorum of Board in general meeting.

       60.          Chairman at meetings of the Board.

       61.          Decision of questions before Board.

       62.          Office bearers and executive committee of Board.

       63.          Annual election of executive committee.

       64.          Powers of executive committee of Board.

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

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

       67.          Resignation of member of executive committee.

       68.          Remuneration of members of executive committee.

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

CHAPTER VII

THE JUDICIAL COMMISSION

       70.          The Judicial Commission.

       71.          Appointment of members of the Commission.

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

       73.          Remuneration of members of the Commission.

       74.          Officers and servants of the Commission.

       75.          Expenses to be shared by Government and Board.

       76.          Jurisdiction and procedure of Commission.

       77.          Court and office of Commission.

       78.          Vacancy in Commission.

       79.          Removal of member of Commission.

       80.          Election of President of Commission.

       81.          Settlement of difference of opinion in Commission.

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

       83.          Dissolution of Commission.

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

CHAPTER VIII

COMMITTEES OF GURDWARAS

       85.          Constitution of committees of management of certain gurdwaras.

       86.          Committees of gurdwaras other than those specified in section 85.

   86.A.          Member of committee not to be member of the executive committee of the Board.

       87.          Constitution of committees not specially provided for.

       88.          Constitution of committees; publication of constitution and effect thereof.

       89.          Election of members.

       90.          Qualification for election to a committee.

       91.          Qualification for nomination to a committee.

       92.          Qualification of electors.

       93.          Right to vote.

       94.          Period of continuance of committees.

   94.A.          Incorporation of committees.

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

       96.          Vacancies in committees other than those specified in section 85.

       97.          Vacancies in committees specified in section 85.

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

       99.          Notice of meetings.

     100.          Quorum of Committee.

     101.          Presidents, and Vice-Presidents of committees.

     102.          Decisions of questions before committees.

     103.          Minutes to be recorded.

     104.          Resignation of president and members of committee.

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

CHAPTER IX

FINANCES

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

     107.          Annual contribution to Board.

     108.          Formation of General Board Fund.

     109.          Funds transferred to Board by Shromani Gurdwara Parbandhak Committee.

     110.          Funds held in Trust by the Board for specified purposes.

     111.          General Trust Fund.

     112.          Separate funds to be maintained for each Trust.

     113.          Trust Fund to be deposited in banks.

     114.          Board to maintain accounts of all Trust funds and of General Board Fund.

     115.          Audit of accounts.

     116.          Auditor's report.

     117.          Board to consider auditor's report.

     118.          Payment of expenses of audit.

     119.          Budget of Board.

     120.          Accounts to be maintained by committees.

     121.          Audit of committee's Accounts.

     122.          Report of auditor.

     123.          Budget of committees.

     124.          Recovery of contributions.

CHAPTER X

POWERS AND DUTIES OF THE BOARD

     125.          Powers and duties of the Board generally.

     126.          Restriction of powers of the Board.

     127.          Board may hold and administer Trusts.

     128.          Control by Board over executive committee.

     129.          What matters may be discussed by Board in general meeting.

     130.          Settling of schemes of administration.

     131.          Exclusion of Board acting as committee from operation of section 130.

     132.          Power of Board to make bye-laws.

 

CHAPTER XI

POWERS AND DUTIES OF COMMITTEES

     133.          General powers of committees.

     134.          Powers of committee to dismiss office-holders.

     135.          Procedure when hereditary office-holder or minister is dismissed.

     136.          Appointment of minister and office-holders.

     137.          Registers to be kept for gurdwara.

     138.          Alienation of immovable Trust property.

     139.          Power of committee to make regulations.

     140.          Power of committee to make regulations re offerings at Sikh Gurdwaras.

CHAPTER XII

MISCELLANEOUS

     141.          Salaries of office-holders to be their  property.

     142.          Right of interested persons to complain to commission in respect of misfeasance, etc.

     143.          Notice of application to be given.

     144.          Government not to interfere with gurdwaras except as provided by this Act or any other Act.

     145.          Act of Board or committee not to be invalidated by informality.

     146.          Power of Provincial Government to make rules.

     147.          Power of the Provincial Government to invest with judicial powers officers appointed to enquire into conduct of elections.

     148.          Language of the Commission.

SCHEDULES

          I.          Sikh Gurdwaras.

         II.          Institutions not subject to petition under section 7.

       III.          Scale of Court-fees.

       IV.          Constituencies for election of members of the Board.

 

[1]THE SIKH GURDWARAS ACT, 1925.

[2](Punjab Act VIII of 1925)

[7 August 1925]

An Act to provide for the better administration of certain Sikh Gurdwaras and for inquiries into matters connected therewith.

Preamble.— WHEREAS it is expedient to provide for the better administration of certain Sikh Gurdwaras and for inquiries into matters and settlement of disputes connected therewith, and whereas the previous sanction of the Governor-General has been obtained to the passing of this Act;

      It is hereby enacted as follows:-

PART I

CHAPTER I

PRELIMINARY

1.   Short title, extent and commencement.— (1) This Act may be called the Sikh Gurdwaras Act, 1925.

      (2)   It extends to the Punjab.

      (3)   It shall come into force on such date[3] as the [4][Provincial Government] may by notification appoint in this behalf.

      (4)   The Sikh Gurdwaras and Shrines Act, 1922[5], is hereby repealed.

2.   In this Act, unless there is anything repugnant in the subject or context—

      (1)   Board “Board” means the Board Constituted under the provisions of Part III.

      (2)   Commission “Commission” means the Judicial Commission constituted under the provisions of Part III.

      (3)     Committee     [6][(i)]   “Committee” means a committee of management constituted under the provisions of Part III.

                                     [7][(ii)   “Local Committee” means a committee constituted under the provisions of section 85.]

      (4)     Office  (i)   “Office” means any office by virtue of which the holder thereof participates in the management or performance of public worship in a Gurdwara or in the management or performance of any rituals or ceremonies observed therein and “office-holder” means any person who holds an office.

                          (ii)   Present Office-holder “Present Office-holder” means a person who, on the commencement of this Act, holds an office.

                         (iii)   Past Office-holder “Past Office-holder” means a person who has been an office-holder but ceased to be an office-holder before the commencement of this Act.

                         (iv)   Hereditary office “Hereditary Office” means an office the succession to which before the first day of January, 1920, devolved, according to hereditary right or by nomination by the office-holder for the time being, and “hereditary office-holder” means the holder of a hereditary office.

                          (v)   Present hereditary office-holder “Present hereditary office-holder” means a person who on the commencement of this Act is a hereditary office-holder.

                         (vi)   Past hereditary office-holder “ Past hereditary office-holder” means a person who has been a hereditary office-holder but ceased to be such office-holder before the commencement of this Act.

                        (vii)   Minister “Minister” means an office-holder to whom either solely or alongwith others the control of the management or performance of public worship in a gurdwara and of the rituals and ceremonies, observed therein is entrusted.

      (5)   Police Station area “Police Station area” means a local area specified by the [8][Provincial Government] under the provisions of clause(s) of sub-section (1) of section 4 of the Code of Criminal Procedure, 1898[9].

      (6)   Prescribed “Prescribed” means prescribed by the [10][Provincial Government] by rules made under this Act.

      (7)   Presumptive successor “Presumptive successor” where the succession to the office devolves according to hereditary right, means the person next in succession to a hereditary office-holder, or, where the succession to the office devolves by nomination made by the hereditary office-holder for the time being, means any chela so nominated before the first day of December, 1924.

      (8)   Resident “Resident” in any place means any person having a fixed place of abode or owning immovable property or cultivating land or practising a profession, or carrying on business, or personally working for gain, in that place.

   [11][(9)   Sikh “Sikh” means a person who professes the Sikh religion or, in the case of a deceased person, who professed the Sikh religion or was known to be a Sikh during his life time. If any question arises as to whether any living person is or is not a Sikh, he shall be deemed respectively to be or not to be a Sikh according as he makes or refuses to make in such manner as the [12][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 the Ten Gurus and that I have no other religion.]

[13][(10)   “Amritdhari Sikh” means and includes every person who has taken khande-ka-amrit or khanda pahul prepared and administered according to the tenets of Sikh religion and rites, at the hands of five pyaras or `beloved ones’.

    (11)   “Patit” means a person who being a keshadhari Sikh trims or shaves his beard or keshas or who after taking amrit commits any one or more of the kurahits].

[14][(12)]   Notified Sikh Gurdwara.— “Notified Sikh Gurdwara” means any gurdwara declared by notification by the [15][Provincial Government] under the provisions of this Act to be a Sikh Gurdwara.

[16][(13)]   Treasury.— “Treasury” means a Government treasury or subtreasury and includes any bank to which the Government treasury business has been made over.

[17][(14)]   Tribunal.— “Tribunal” means a tribunal constituted under the provisions of section 12.

CHAPTER II

PETITIONS TO [18][PROVINCIAL GOVERNMENT]

RELATING TO GURDWARAS

3.   List of property of scheduled Gurdwara to be forwarded to the Provincial Government.— (1) Any Sikh or any present office-holder of a gurdwara specified in Schedule I may forward to the [19][Provincial Government] through the [20][appropriate Secretary to Government], so as to reach the Secretary within ninety days from the commencement of this Act, a list, signed and verified by himself, of all rights, titles or interests in immovable properties situated in the Punjab inclusive of the gurdwara and in all monetary endowments yielding recurring income or profit received in the Punjab which he claims to belong, within his knowledge, to the gurdwara; the name of the person in possession of any such right, title or interest, and if any such person is insane or a minor, the name of his legal or natural guardian, or if there is no such guardian, the name of the person with whom the insane person or minor resides or is residing, or if there is no such person, the name of the person actually or constructively in possession of such right, title or interest on behalf of the insane person or minor, and if any such right, title or interest is alleged to be in possession of the gurdwara through any person, the name of such person, shall be stated in the list: and the list shall be in such form and shall contain such further particulars as may be prescribed.

      (2)   Declaration of schedule Gurdwara and publication of list forwarded under sub-section (1) in a consolidated list.— On receiving a list duly forwarded under the provisions of sub-section (1) the [21][Provincial Government] shall, as soon as may be, publish a notification declaring that the gurdwara to which it relates is a Sikh Gurdwara and after the expiry of the period provided in sub-section (1) for forwarding lists shall, as soon as may be, publish by notification a consolidated list in which all rights, titles and interests in any such properties as are described in sub-section (1) which have been included in any list duly forwarded, shall be included, and shall also cause the consolidated list to be published, in such manner as may be prescribed, at the headquarters of the district and of the tehsil and in the revenue estate where the gurdwara is situated, and at the headquarters of every district and of every tehsil and in every revenue estate in which any of the immovable properties mentioned in the consolidated list is situated and shall also give such other notice thereof as may be prescribed.

      (3)   Notices of claims to property entered in the consolidated list to be sent to persons shown as in possession.— The [22][Provincial Government] shall also, as soon as may be, send by registered post a notice of the claim to any right, title or interest included in the consolidated list to each of the persons named therein as being in possession of such right, title or interest either on his own behalf or on behalf of an insane person or minor or on behalf of the gurdwara, provided that no such notice need be sent if the person named as being in possession is the person who forwarded the list in which the right, title or interest was claimed.

      (4)   Effect of publication of declaration and consolidated list under sub-section (2).— The publication of a declaration and of a consolidated list under the provisions of sub-section (2) shall be conclusive proof that the provisions of sub-sections (1), (2) and (3) with respect to such publication have been duly complied with and that the gurdwara is a Sikh Gurdwara, and the provisions of Part III shall apply to such gurdwara with effect from the date of the publication of the notification declaring it to be a Sikh Gurdwara.

4.   Effect of omission to forward a list under section 3.— If in respect of any gurdwara specified in Schedule I no list has been forwarded under the provisions of sub-section (1) of section 3, the [23][Provincial Government] shall, after the expiry of ninety days from the commencement of this Act, declare by notification that such gurdwara shall be deemed to be excluded from specification in Schedule I.

5.   Petitions of claim to property included in a consolidated list.— (1) Any person may forward to the [24][Provincial Government] through the [25][appropriate Secretary to Government] so as to reach the Secretary within ninety days from the date of the publication by notification of the consolidated list under the provisions of sub-section (2) of section 3, a petition claiming a right, title or interest in any property included in such consolidated list except a right, title or interest in the gurdwara itself.

      (2)   Signing and verification of petitions under sub-section (1).— A petition forwarded under the provisions of sub-section (1) shall be signed and verified by the person forwarding it in the manner provided in the Code of Civil Procedure, 1908[26], for the signing and verification of plaints, and shall specify the nature of the right, title or interest claimed and the grounds of the claim.

      (3)   Notification of property not claimed under sub-section (1) and effect of such notification.— The [27][Provincial Government] shall, as soon as may be, after the expiry of the period for making a claim under the provisions of sub-section (1) publish a notification specifying the rights, title or interest in any properties in respect of which no such claim has been made; and the publication of the notification shall be conclusive proof of the fact that no such claim was made in respect of any right, title or interest specified in the notification.

6.   Claim for compensation by hereditary office-holder of a Notified Sikh Gurdwara or his presumptive successor.— (1) Any past or present hereditary office-holder of a gurdwara in respect of which a notification has been published under the provisions of sub-section (2) of section 3 declaring it to be a Sikh Gurdwara or a presumptive successor of such office-holder may forward to the [28][Provincial Government] through the [29][appropriate Secretary to Government] so as to reach the Secretary within ninety days from the date of the publication of such notification, a petition claiming to be awarded compensation on the grounds that such office-holder has been unlawfully removed from his office after the first day of January, 1920 and before the date of the publication of the notification, and that such office-holder or his presumptive successor has suffered or will suffer pecuniary loss in consequence of the gurdwara having been declared to be a Sikh Gurdwara.

      (2)   Signing and verification of petitions under sub-section (1).— A petition forwarded under the provisions of sub-section (1) shall be signed and verified by the person forwarding it in the manner provided in the Code of Civil Procedure, 1908[30], for the signing and verification of plaints.

7.   Petition to have a gurdwara declared a Sikh Gurdwara.— (1) Any fifty or more Sikh worshippers of a gurdwara, each of whom is more than twenty-one years of age and was on the commencement of this Act a resident in the police station area in which the gurdwara is situated, may forward to the [31][Provincial Government], through the [32][appropriate Secretary to Government] so as to reach the Secretary within one year from the commencement of this Act or within a such further period as the [33][Provincial Government] may by notification fix for this purpose, a petition praying to have the gurdwara declared to be a Sikh Gurdwara:

      Provided that the [34][Provincial Government], may in respect of any such gurdwara declare by notification that a petition shall be deemed to be duly forwarded whether the petitioners were or were not on the commencement of this Act residents in the police-station area in which such gurdwara is situated, and shall thereafter deal with any petition that may be otherwise duly forwarded in respect of any such gurdwara as if the petition had been duly forwarded by petitioners who were such residents:

      Provided further that no such petition shall be entertained in respect of any institution specified in Schedule I or Schedule II unless the institution is deemed to be excluded from specification in Schedule I under the provisions of section 4.

      (2)   List of property claimed for the gurdwara and of persons in possession thereof to accompany a petition under sub-section (1).— A petition forwarded under the provisions of sub-section (1) shall state name of the gurdwara to which it relates and of the district, tehsil and revenue estate in which it is situated, and shall be accompanied by a list, verified and signed by the petitioners, of all rights, titles or interests in immovable properties situated in the Punjab inclusive of the gurdwara and in all monetary endowments yielding recurring income or profit received in the Punjab, which the petitioners claim to belong within their knowledge to the gurdwara: the name of the person in possession of any such right, title or interest, and if any such person is insane or a minor the name of his legal or natural guardian, or if there is no such guardian, the name of the person with whom the insane person or minor resides or is residing, or if there is no such person, the name of the person actually or constructively in possession of such right, title or interest on behalf of the insane person or minor, and if any such right, title or interest is alleged to be in possession of the gurdwara through any person, the name of such person shall be stated in the list; and the petition and the list shall be in such form and shall contain such further particulars as may be prescribed.

      (3)   Publication of petition and list received under sub-sections (1) and (2).— On receiving a petition duly signed and forwarded under the provisions of sub-section (1) the [35][Provincial Government] shall, as soon as may be, publish it alongwith the accompanying list, by notification, and shall cause it and the list to be published, in such manner as may be prescribed, at the headquarters of the district and of the tehsil and in the revenue estate in which the gurdwara is situated and at the headquarters of every district and every tehsil and in every revenue estate in which any of the immovable properties mentioned in the list is situated and shall also give such other notice thereof as may be prescribed:

      [36][Provided that such petition may be withdrawn by notice to be forwarded by the Board so as to reach the [37][appropriate Secretary to Government], at any time before publication, and on such withdrawal it shall be deemed as if no petition had been forwarded under the provisions of sub-section (1)].

      (4)   Notice of claims to property to be sent to persons shown in the list as in possession.— The [38][Provincial Government] shall also, as soon as may be, send by registered post a notice of the claim to any right, title or interest included in the list to each of the persons named therein as being in possession of such right, title or interest either on his own behalf or on behalf of an insane person or minor or on behalf of the gurdwara:

      Provided that no such notice need be sent if the person named as being in possession is a person who joined in forwarding the list.

      (5)   Effect of publication of petition and list under sub-section (3).— The publication of a notification under the provisions of sub-section (3) shall be conclusive proof that the provisions of sub-sections (1), (2), (3) and (4) have been duly complied with.

8.   Petition to have it declared that a place asserted to be a Sikh Gurdwara is not such a gurdwara.— When a notification has been published under the provisions of sub-section (3) of section 7 in respect of any gurdwara, any hereditary office-holder or any twenty or more worshippers of the Gurdwara, each of whom is more than twenty-one years of age and was on the commencement of this Act a resident of a police-station area in which the gurdwara is situated, may forward to the [39][Provincial Government], through the [40][appropriate Secretary to Government], so as to reach the secretary within ninety days from the date of the publication of the notification, a petition signed and verified by the petitioner, or petitioners, as the case may be, claiming that the Gurdwara is not a Sikh Gurdwara, and may in such petition make a further claim that any hereditary office-holder or any person who would have succeeded to such office-holder under the system of management prevailing before the first day of January 1920 may be restored to office on the grounds that such gurdwara is not a Sikh Gurdwara and that such office-holder ceased to be an office-holder after that day:

      Provided that the [41][Provincial Government] may in respect of any such gurdwara declare by notification that a petition of twenty or more worshippers of such gurdwara shall be deemed to be duly forwarded whether the petitioners were or were not on the commencement of this Act residents in the police-station area in which such gurdwara is situated, and shall thereafter deal with any petition that may be otherwise duly forwarded in respect of any such gurdwara as if the petition had been duly forwarded by petitioners who were such residents.

9.   Effect of omission to present a petition under section 8.— (1) If no petition has been presented in accordance with the provisions of section 8 in respect of a gurdwara to which a notification published under the provisions of sub-section (3) of section 7 relates, the [42][Provincial Government] shall, after the expiration of ninety days from the date of such notification, publish a notification declaring the gurdwara to be a Sikh Gurdwara.

      (2)   Effect of publication of a notification under sub-section (1).— The publication of a notification under the provisions of sub-section (1) shall be conclusive proof that the gurdwara is a Sikh Gurdwara, and the provisions of Part III shall apply to the gurdwara with effect from the date of the publication of the notification.

10.    Petition of claim to property included in a list published under sub-section (3) of section 7.— (1) Any person may forward to the [43][Provincial Government], through the [44][appropriate Secretary to Government], so as to reach the Secretary within ninety days from the date of the publication of a notification under the provisions of sub-section (3) of section 7, a petition claiming a right, title or interest in any property included in the list so published.

      (2)   Signing and verification of petitions under sub-section (1).— A petition forwarded under the provisions of sub-section (1) shall be signed and verified by the person forwarding it in manner provided by the Code of Civil Procedure, 1908[45], for the signing and verification of plaints, and shall specify the nature of the right, title or interest claimed and the grounds of the claim.

      (3)   Notification of property not claimed under sub-section (1), and effect of such notification.— The