THE KHYBER PAKHTUNKHWA, SIKH RELIGIOUS

ENDOWMENT ACT, 1944.
(Act I of 1945).

CONTENTS

Preamble.

SECTIONS.

CHAPTER—I.

1.         Short title, extent and commencement.

2.         Definitions.

CHAPTER    II.

3.         District Gurdwara Parbandhak Committees.

4.         Office of the Committee.

5.         Composition of District Committees.

6.         Quorum.

7.         Term of Office of Committee.

8.         Election of office-bearers.

9.         Secretary of the Committee.

10.       Decisions of the Committee.

11.       Staff of Committee.

12.       Punishment of staff.

13.       Powers and functions of the Committee.

14.       Contribution by trustee or Custodian.

15.       Delegation of powers.

CHAPTER—III.

Provincial Gurdwara Parbandhak Committee.

16.       Provincial Gurdwara Parbandhak Committee.

17.       Composition of the Board.

18.       Office of Board.

19.       Election of President and Vice-President of the •Board.

20.       Secretary of the Board.

21.       Staff of Board.

22.       Quorum.

23.       Bye-laws.

24.       Powers and functions of the Board.

CHAPTER—IV.

Registration.

25.       Method of registration.

26.       ..................

CHAPTER—V.

27.       Legal Proceedings.

28.       Appeal.

CHAPTER—VI.

Audit of Accounts.

29.       Audit of accounts.

30.       Examination of Auditors Report.

31.       Assistance to Auditors.

CHAPTER—VII.

32.       Trustees and Custodians.

33.       Disqualification of Trustees, etc.

34.       Duties of Trustees, etc.

35.       Super session and penalties.

36.       Penalties.

CHAPTER —VIII

37.       Committee Funds.

38.       Application of Committee Fund.

39.       Failure of payment of contribution by Trustees, etc. and its recovery.

40.       Central endowment Fund.

41.       Charges on endowments.

42.       Application endowment income.

CHAPTER—IX.

43.       Enquiry by the Board.

44.       Petition against endowment administration.

45.       Protection of Board, Committee or its Officer.

46.       Notice of suits to Committee.

CHAPTER—X.

47.       Rules.

48.       Inquiry into corrupt practices at election.

49.       Rules to be made by Board.

50.       ..................

51.       Copy of Budget, etc, to the Government.

52.       Repeal of certain Acts.

THE [1][KHYBER PAKHTUNKHWA] 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 [2][Khyber Pakhtunkhwa] 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 [3][Khyber Pakhtunkhwa].

CHAPTER— I.

            (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:—

            "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.

            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:

            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.

CHAPTER—III.

PROVINCIAL GURDWARA PARBANDHAK  COMMITTEE.

(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

REGISTRATION

            (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.

            (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.

CHAPTER—VI.

              AUDIT OF ACCOUNTS.

            (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.

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.

CHAPTER—VII.

(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.