16. Issue as to whether a gurdwara is a Sikh Gurdwara to be decided first and how issue is to be decided.
(1)Notwithstanding any thing contained in any other law in force, if in any proceeding before a tribunal it is disputed that a gurdwara should or should to be declared to be Sikh Gurdwara, the tribunal shall, before enquiry into any other matter in dispute relating to the said gurdwara, decide whether it should or should not be declared a Sikh Gurdwara in accordance with the provisions of sub-section (2)(2)If the tribunal finds that the gurdwara -(i)was established by, or in memory of any of the Ten Sikh Gurus, or in commemoration of any incident in the life of any of the Ten Sikh Gurus and [was] [Substituted for the word [is] by Punjab Act 3 of 1930, section 3(i).] used for public worship by Sikhs [before and at the time of the presentation of the petition under sub-section (1) of Section 7] [Inserted by Punjab Act 3 of 1930, Section 3(ii). 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(i).]; or(ii)owing to some tradition connected with one of the Ten Sikh Gurus, [was] used for public worship predominantly by Sikhs, [before and at the time of the presentation of the petition under sub-section (1) of Section 7] [Inserted by Punjab Act 3 of 1930, Section 3(ii). 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(i).];(iii)was established for use by Sikhs for the purpose of public worship and [was] used for such worship by Sikhs, [before and at the time of the presentation of the petition under sub-section (1) of Section 7] [Inserted by Punjab Act 3 of 1930, Section 3(ii). 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(i).]; or(iv)was established in memory of a Sikh martyr, saint or historical person and [was] [Substituted for the word [is] by Punjab Act 3 of 1930, section 3(i).] used for such worship by Sikhs, [before and at the time of the presentation of the petition under sub-section (1) of Section 7]; or(v)owing to some incident connected with the Sikh religion [was] [Substituted for the word " is" by Punjab Act 3 of 1930, section 3(i).] used for such worship by Sikhs, [before and at the time of the presentation of the petition under sub-section (1) of Section 7];the tribunal shall decide that it should be declared to be a Sikh Gurdwara, and record an order accordingly.(3)Where the tribunal finds that a gurdwara should not be declared to be a Sikh Gurdwara, it shall record its finding in an order, and, subject to the finding of the High Court on appeal, it shall cease to have jurisdiction in all matters concerning such gurdwara, provided that, if a claim has been made in accordance with the provisions of section 8 praying for the restoration to office of a hereditary office-holder or person who would have succeeded such office-holder under the system of management prevailing before the first day of January, 1920 [or, in the case of the extended territories, before the first day of November, 1956] [Inserted by Punjab Act No. 1 of 1959, Section 12.] the tribunal shall, notwithstanding such finding continue to have jurisdiction in all matters relating to such claim; and if the tribunal finds it proved that such office-holder ceased to be an office-holder on or after the first day of January, 1920 [or, in the case of the extended territories, after the first day of November, 1956] [Inserted by Punjab Act No. 1 of 1959, Section 12.], it may by order direct that such office-holder or person who would have so succeeded by restored to office.
