7. Petitions 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 [or, in the case of the extended territories from the commencement of the Amending Act] [Inserted by Punjab Act No. 1 of 1959, Section 8(a).] resident in the police station area in which the gurdwara is situated, may forward to the [appropriate Secretary to Government] [Substituted for the words 'Secretary to Government, Transferred Departments,' by the Government of India (Adaptation of Indian Laws) Order, 1937.] so as to reach the Secretary within one year from the commencement of this Act or within such further period as the [State] [Substituted for the words 'Provincial' by the Adaptation of Laws Order, 1950.] Government may by notification fix for this purpose, a petition praying to have the gurdwara declared to be a Sikh Gurdwara:Provided that the [State] [Substituted for the words 'Provincial' by the Adaptation of Laws Order, 1950.] 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 [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 8(b).] 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 the name of the gurdwara to which it relates and of the district, tahsil 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 interest in immovable properties situated in Punjab inclusive of the gurdwara and in all monetary endowments yielding recurring income or profit received in 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 persons 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 [State] [Substituted for the words 'Provincial' by the Adaptation of Laws Order, 1950.] Government shall as soon as may be, publish it along with 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 tahsil and in the revenue estate in which the gurdwara is situated, and at the headquarters of every district and of every tahsil 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 :[Provided that such petition may be withdrawn by notice to be forwarded by the Board so as to reach the [appropriate Secretary to Government] [Proviso added by Punjab Act 4 of 1932, Section 3. It came into force on Ist January, 1933, vide Punjab Government notification No. 2695 (H-G/Gurdwara) dated 19th December, 1932.], 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 [State] [Substituted for the words 'Provincial' by the Adaptation of Laws Order, 1950.] 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.
