Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 24] [Entire Act]

Union of India - Section

Section 2 in The Sikh Gurdwaras Act, 1925

2. Definitions.

- In this Act, unless there is anything repugnant in the subject or context -
(1)"Board" means the Board constituted under the provisions of Part III.
(2)"Commission" means the Judicial Commission constituted under the provisions of Part III.
(3)
(i)"Committee" means a committee of management constituted under the provisions of Part III.
(ii)[ * * * * *] [Omitted by Punjab Act No. 53 of 1953.].
[(3-A) `the extended territories' means the territories, which immediately before the 1st November, 1956, were comprised in the State of Patiala and East Punjab States Union;] [Inserted by Punjab Act No. 1 of 1959, Section 3(1).].
(4)
(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 persons who holds an office.
(ii)"Present Office-holder" means a person who on the commencement of this Act. [or in the case of the extended territories, on the commencement of the Amending Act as the case may be,] [Added by Punjab Act No. 1 of 1959, Section 3(2)(a).] holds an office.
(iii)"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 [or, in the case of the extended territories, before the commencement of the Amending Act as the case may be] [Added by Punjab Act No. 1 of 1959, Section 3(2)(b).].
(iv)"Hereditary office" means an office the succession to which before the first day of January, 1920, [or, in the case of the extended territories, before the 1st day, of November, 1956, as the case may be] [Inserted by Punjab Act No. 1 of 1959, Section 3(2)(e).], 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" means a person who on the commencement of this Act [or, in the case of the extended territories, on the commencement of the Amending Act as the case may be] [Inserted by Punjab Act No. 1 of 1959, Section 3(2)(a).], is a hereditary office-holder.
(vi)"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 [or, in the case of the extended territories, before the commencement of the Amending Act as the case may be.] [Added by Punjab Act No. 1 of 1959, Section 3(2)(b).]
(vii)"Minister" means as 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 :
[Provided that an office-holder to whom either solely or alongwith others the performance of public worship in a Gurdwara and of the rituals and ceremonies observed therein is not entrusted directly shall not be deemed to be a Minister for the purposes of sections 134 and 135.] [Added by Punjab Act No. 1 of 1959, Section 3(2)(d).]
(5)"Police Station area" means a local area specified by the [State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government under the provisions of clause (s) of sub-section (1) of Section 4 of the Code of Criminal Procedure, 1898.
(6)"Prescribed" means prescribed [-] [The words [by the State Government] omitted by MOH Notification No. S.O.63(E), dated 3.2.1978.] by rules made under this Act.
(7)"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 [or, in the case of the extended territories, before the 1st day of November, 1956, as the case may be.] [Added by Punjab Act No. 1 of 1959, Section 3(3).]
(8)"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.
(9)["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 lifetime. [Clause 9 was substituted by Punjab Act 3 of 1930, section 2.The Amendment shall be applicable to all claims, petitions and suits in which the recording of evidence has not been concluded before the tribunal at the commencement of this Act, vide Punjab Act 3 of 1930, section 11.]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 [State] 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.]
(10)[ "Amritdhari Sikh" means and includes every person who has taken khende-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';] [Inserted by Punjab Act 11 of 1944, Section 2(b).][(10-A) `Sahjdhari Sikh' means a person - [Inserted by Punjab Act No. 11 of 1944, Section 2(b).]
(i)who performs ceremonies according to Sikh rites;
(ii)who does not use tobacco or Kutha (Halal meat) is any form;
(iii)who is not a Patit; and
(iv)who can recite Mul Manter.]