22. Matters for consideration in awarding compensation.
- In deciding claims for compensation made under the provisions of section 6, 11 or 20, a tribunal -(1)may among other matters take into consideration -(i)the past conduct of the claimant;(ii)the improvements to the property of the gurdwara effected by the claimant;(iii)the portion of the trust income which, by long practice and the express or implied consent of the worshippers, the holder of the office and his predecessors have been allowed to appropriate to their private use, provided that this matter, if taken into consideration, shall only be so taken in determining the compensation due to an office-holder for his lifetime and shall not give to a presumptive successor of such office-holder any right to increased compensation, and provided also that the tribunal shall not be bound to fix the compensation on the basis of such income, but may, at its discretion, regard such income, as a ground for awarding compensation on a higher scale than it would otherwise have awarded;shall take into consideration -(i)the past conduct of the claimant where such conduct has been or is in issue in a suit or other proceeding in a civil or revenue court instituted before the 1st December, 1924 [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 16.],(ii)the conviction of the claimant by a criminal court for an offence which, in the opinion of the tribunal, involves moral turpitude or an order passed against him under the provisions of sections 110 and 118 of the Code of Criminal Procedure, 1898 (5 of 1898);(iii)the loss of income, not being of the nature of trust income, incurred by reason of an office-holder ceasing to hold office;(iv)all rights or privileges relating to residence, subsistence, service and other recognised allowances in cash or kind formerly enjoyed by the claimant.
