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[Cites 0, Cited by 0] [Section 38] [Entire Act]

Union of India - Subsection

Section 38(1) in The Sikh Gurdwaras Act, 1925

(1)Notwithstanding anything contained in this Act or any other Act or enactment in force, any two or more persons having interest in any gurdwara in respect of which no notification declaring the gurdwara to be a Sikh Gurdwara has been published under the provisions of this Act may, after the expiry of one year from the commencement of this Act, [or, in the case of the extended territories, from the commencement of the Amending Act, as the case may be] [Inserted by Punjab Act 1 of 1959, Section 18.] or of such further period as the [State] [Substituted for the word [Provincial] by the Adaptation of Laws Order, 1950.] Government may have fixed under the provisions of sub-section (1) of Section 7, and after having obtained the consent of the Deputy Commissioner of the district in which such gurdwara is situated institute a suit, whether contentious or not, in the principal court of original jurisdiction or in any other court empowered in that behalf by the [State] Government within the local limits of whose jurisdiction the gurdwara is situated praying for any of the reliefs specified in section 92 of the Code of Civil Procedure, 1908(5 of 1908), and may in such suit pray that the provisions of Part III may be applied to such gurdwara.