DELHI SIKH GURDWARAS ACT, 1971
(1) This Act may be called the Delhi Sikh Gurdwaras Act, 1971.
(2) It extends to the whole of the Union Territory of Delhi.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
In this Act, unless the context otherwise requires
(a) "appointed day" means the date on which this Act shall come into force;
(b) "Board" means the Delhi Sikh Gurdwara Board constituted under section 3 of the Delhi Sikh Gurdwaras (Management) Act, 1971;
(c) "Committee" means the Delhi Sikh Gurdwara Management Committee established under section 3;
(d) "Delhi" means the Union Territory of Delhi;
(e) "Director Gurdwara Elections" means the Director Gurdwara Elections appointed by the Central Government under section 13;
(f) "Gurdwaras" means the Sikh Gurdwaras situated in Delhi as were, immediately before the appointed day, being managed by or affiliated to the
(1) With the effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be established Committee to be called the Delhi Sikh Gurdwara Management Committee for the proper management and control of the Gurdwaras and Gurdwara property.
(2) The Committee shall be a body corporate with the name aforesaid having perpetual succession and a common seal and shall by such name sue and be sued.
(3) The Committee shall have its head office in Delhi.
The Committee shall consist of
(a) forty-six members to be elected from various wards into which Delhi shall be divided in accordance with the provisions of this Act;
(b) nine members to be co-opted by the elected members of the Committee referred to in clause (a) in the manner hereinafter appearing,
(i) two members to represent the registered Singh Sabhas of Delhi who shall be choosen by drawing of lots out of the Presidents of those registered Singh Sabhas;
(ii) four members, each being the head priest of the (1) Sri Akal Takhat Sahib, Amritsar, (2) Sri Takhat Kesgarh Sahib, Anandpur, (3) Sri Takhat Patna Sahib, Patna, and (4) Sri Takhat Hazur Sahib, Nanded:
Provided that the head priest shall have n
(1) Save as otherwise provided in this section, the term of office of a member of the Committee shall be four years and shall commence from the date on which the first meeting of the Committee is held under section 15, and no longer.
(2) When a vacancy occurs in the Committee owing to death, resignation, removal or otherwise of a member, a new member shall be elected or co-opted, as the case may be, in the manner in which the member whose seat is to be filled was elected or co-opted and every such member shall continue to hold office so long only as the member in whose place he is elected or co-opted would have been entitled to hold office, If the vacancy had not occurred.
(3) An outgoing member shall continue in office until the notification of election or co-option of his successor is published under section 12.
(1) For the purpose of election of members of the Committee, Delhi shall be divided into single member wards.
(2) The Director Gurdwara Elections shall by order determine
(a) the number of wards; and
(b) the extent of each ward.
(3) The Director Gurdwara Elections may, from time to time, in consultation with the Committee, alter or amend any order made under sub-section (2).
(1) An electoral roll shall be prepared in such manner as may be prescribed by rules for every ward notified under section 6 on which shall be entered the names of all persons entitled to be registered as voters in that ward.
(2) No person shall be entitled to be registered in the electoral roll for any ward more than once.
(3) No person shall be entitled to be registered in the electoral roll more than one ward.
Every person who
(a) has been ordinarily resident in a ward for not less than one hundred and eighty days during the qualifying period,
(b) is a Sikh of not less than twenty-one years of age on the qualifying date, shall be entitled to be registered in the electoral roll for that ward :
Provided that no person shall be registered as an elector who
(a) trims of shaves his beard or keshas;
(b) smokes;
(c) takes alcoholic drinks.
Explanation For the purpose of this section, the "qualifying date" and the "qualifying period"
(i) in the case of electoral rolls first prepared
Every person registered on the electoral roll for the time being in force for any ward for the election of a member of the Committee, shall be entitled while so registered to vote at an election of a member for that ward, provided that no person shall be entitled to vote at an election in more than one ward.
(1) A person shall not be qualified to be chosen or co-opted as a member of the Committee if such person
(a) has not attained the age of twenty-five years;
(b) is not a citizen of India;
(c) in the case of an elected member, if he is not registered as an elector in the electoral roll for any where;
(d) is not an Amritdhari Sikh;
(e) being an Amritdhari Sikh, trims or shaves his beard or keshas;
(f) takes alcoholic drinks;
(g) smokes;
(h) is a patit;
(i) is of unsound mind and stands so declared by a competent court;
&n
Election of members under clause (a) of section 4 whether for the purpose of initial constitution of committee under section 3, or for filling vacancies arising by efflux of time or a casual vacancy, shall be conducted by the Director Gurdwara Elections in accordance with the rules made in this behalf:
Provided that no election shall be held to fill a casual vacancy occurring within four months prior to the holding of a general election under this section.
(1) The names of all persons elected as a member of the Committee shall, as may be, after such election be published by the Director Gurdwara Elections in the manner prescribed by rules
(2) The names of all persons co-opted as member under clause (b) of section 4 shall likewise be published by the Director Gurdwara Elections in the manner prescribed by rules.
(1) The Central Government may, by notification in the Official Gazette, appoint a suitable person to be the Director Gurdwara Elections in whom shall vest the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, elections of members of the Committee.
(2) A person shall not be qualified for appointment as Director Gurdwara Elections unless he is a citizen of India and possesses judicial or administrative experience for a period of not less than ten years.
(3) Subject to the provisions of section 37, the term of office, and the terms and conditions of service of the Director Gurdwara Elections shall be such as may be prescribed by rules.
(1) The persons to be co-opted as members of the Committee under clause (b) of section 4 shall be chosen at the first meeting of the elected members which shall be convented by the Director Gurdwara Elections as early as possible and not later than fifteen days after publication of the results of the election under sub-section (1) of section 12.
(2) The Director Gurdwara Elections may adjourn the first meeting of the elected members to any other date or dates, being not later than fifteen days from the date of the first meeting aforesaid, if the elected members are unable to choose all persons to be co-opted at that first meeting.
(1) The Director Gurdwara Elections shall summon the first meeting of the Committee to meet on such date, not being later than fifteen days after the publication of the names of the members co-opted under sub-section (2) of section 12, as he thinks fit.
(2) The first meeting shall be held at such time and place as the Director Gurdwara Elections may appoint and shall be presided by him:
Provided that while so presiding at the meeting of the Committee, the Director Gurdwara Elections shall have no right to vote.
(3) Every member of the Committee shall, before taking his seat make and subscribe before the Director Gurdwara Elections an oath according to the form set out for the purpose in the Schedule
(4) The members of the Committee shall proceed th
(1) The Committee shall, at its first meeting after the election of the pro tempore Chairman under sub-section (4) of section 15, elect from amongst its members a President who shall conduct the election of the office-bearers and members of the Executive Board under this section.
(2) The Committee shall also at its first meeting elect from amongst its members a Senior Vice-President, Junior Vice-President, General Secretary and a Joint Secretary (hereinafter referred to as office-bearers of the Committee), and shall also at the same meeting in like manner elect ten of its members of the Executive Board of the Committee, and the office-bearers and members so elected shall be the Executive Board of the Committee.
[(3) ... ... ... ...]
(4) No member of the Committee, shall, at the same time, hold
(1) A member of the Committee may resign his office by writing under his hand addressed to the President.
(2) An office-bearer or any other member of the Executive Board
(a) shall vacate his office if he ceases to be a member of the Committee;
(b) may at any time by writing under his hand addressed to the Committee resign his office; and
(c) may be removed from his office by a resolution of the Committee passed by a three-fourth majority of the total members thereof:
Provided that no resolution for the purpose of clause (c) shall be moved unless it is supported by not less than seventeen members of the Committee and fourteen days, notice has been given of their intention to move the resolution.
Any office-bearer or other member of the Executive Board or any other member of the Committee may, if he so desires, draw such fees and allowances for attending the meetings of the Executive Board or the Committee and for attending to any other work of the Executive Board or the Committee, as the case may be, as may be prescribed by regulations.
(1) The annual general meeting of the Committee shall be held in every year.
(2) The Executive Board shall meet at least once in every fortnight or at such intervals as may be prescribed by regulations.
(3) The President, or in his absence the Senior Vice-President and in the absence of both, the Junior Vice-President, and in the absence of all the three, any other member elected from amongst themselves shall preside at any meeting of the Committee or of the Executive Board.
(4) The Committee or the Executive Board shall observe such rules of procedure in regard to transaction of the business at its meetings as may be prescribed by regulations.
(5) Save as otherwise provided, all questions which come up before any meeting of the Committee or the Exe
(1) The Executive Board may constitute such number of subcommittees from amongst the members of the Committee as it thinks fit and for such purpose as it may decide.
(2) A sub-committee constituted under sub-section (1) shall meet at such time and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by regulations.
(3) A member of a sub-committee may, if he so desires, draw such fees and allowances for attending its meetings and for attending to any other work of the subcommittee, as may be prescribed by regulations.
(1) The Executive Board shall exercise on behalf of the Committee all powers conferred on the Committee by the provisions of this Act which are not expressly reserved to be exercised by the Committee in general meeting.
(2) The President or any other office-bearer of the Executive Board may exercise such powers and perform such duties as may be prescribed by regulations or as may, from time to time, be delegated by the Executive Board.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the President may, on his own motion or otherwise, after calling the record of any case, revise any order passed by any authority to whom such powers have been delegated by the Executive Board and
(i) confirm, modify or set aside the order,
No act or proceeding of the Committee or the Executive Board or any sub-committee shall be invalidated by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof.
(1) The Committee may appoint such number of officers and other employees as it considers necessary for the efficient performance of its functions, and may, from time to time, determine the number, designations, grades and scales of pay or other remuneration of the officers and other employees, and may at any time reduce, suspend, remove or dismiss or impose any other penalty on any officer or other employee for carelessness, unfitness, neglect of duty or other misconduct.
(2) The officers and other employees appointed under sub-section (1) shall exercise such powers and perform such duties as may be prescribed by regulations or as may, from time to time, be delegated by the Committee.
(3) The terms and conditions of service of the officers and other employees shall be such as may be prescribed by regulations.
Subject to the provisions of this Act and the rules made thereunder, the control, direction and general superintendence over all the Gurdwaras and Gurdwara property in Delhi shall vest in the Committee, and it shall be the duty of the Committee
(i) to arrange for the proper performance of the religious rites and ceremonies in the Gurdwaras,
(ii) to provide facilities for worship by the devotees at the Gurdwaras,
(iii) to ensure safe custody of its funds, movable and immovable properties, deposits, offerings in cash or kind,
(iv) to do all such things as may be incidental and conducive to the efficient management of the affairs of the Gurdwaras, educational and other institutions under the Committee and their properties or to the convenience of devo
(1) There shall be a Gurdwara Fund and all receipts and income of the Gurdwaras and of the Gurdwara property (including all amounts comprised for the time being in Gurdwara property) shall be credited thereto.
(2) The Gurdwara Fund shall be held by the Committee in trust for the purposes of this Act subject to the provisions herein contained and shall not be utilised for any purpose other than the one authorised by this Act or the rules or regulations made thereunder.
(3) All expenses incurred or payments or disbursements to be made, by the Committee in the discharge of its functions under this Act shall be made from the Gurdwara Fund.
Nothing contained in this Act shall, or shall be deemed to, authorise the Committee to contribute any amount or amounts
(a) to any political party, or
(b) for the benefit of any political party, or
(c) for any political purpose to any individual or body.
(1) In respect of every financial year, budget (annual financial statement) of the estimated receipts and expenditure of the Committee for the year shall be placed before the Committee and duly passed.
(2) No moneys out of the Gurdwara Fund shall be appropriated except as passed and approved by the Committee.
(1) The Committee shall maintain proper accounts showing receipts on account of and expenditure out of Gurdwara Fund.
(2) At the end of each calendar month, a statement of income and expenditure relating to that month shall be prepared and placed before the Committee and it shall be pasted at prominent places outside all Gurdwaras; and a consolidated annual statement, showing income and expenditure relating to a financial year shall likewise be prepared and placed before the Committee and outside the Gurdwaras at the end of each financial year.
(1) The accounts of the Committee including those of the Gurdwaras, and Gurdwara property including educational and other charitable institutions administered by the Committee, shall be audited by one or more auditors duly qualified to act as auditor under sub-section (1) of section 226 of the Companies Act, 1956 (1 of 1956), (hereinafter referred to as the auditor), who shall be appointed by the Committee within sixty days of the close of every financial year and shall receive such remuneration as the Committee may fix:
Provided that the first appointment of auditors shall be made by the Committee within sixty days from the date of its first meeting held under section 15.
(2) For the purpose of any such audit and examination of accounts the auditors may, by a demand in writing, require from the Committee or any office-bearer or member
The Committee, in meeting next following the date of receipt of the auditors report, shall consider such report and satisfy itself that no expenditure shown therein has been incurred otherwise than in accordance with the provisions of this Act and shall pass such orders as are, in its opinion, necessary and proper to rectify the illegal, unauthorised or improper expenditure and may also pass such further orders upon the report, as it may deem proper
Provided that if the next meeting falls on a day earlier than two months after the receipt of the report it may be considered in the meeting next following which shall be convened before the expiry of a period of three months from the date of receipt of the said report.
The provisions of sections 15, 16, 17, 18, 19, 20, 22, 23, 24, 25, 27, 28, 29 and 30 of the Delhi Municipal Corporation Act, 1957 (66 of 1957), shall mutatis mutandis apply, subject to such modifications as the Central Government may by order direct, in relation to settlement of disputes regarding elections, corrupt practices and electoral offences in respect of election or co-option of members of the Committee.
The Court of the District Judge in Delhi shall also have jurisdiction in respect of the following matters, namely
(a) Any petition involving a question of dispute wherein any living person is a Sikh or is not a Sikh for the purpose of registration as a voter or contesting election as a member or co-option as member of the Committee.
(b) A petition involving a question whether for the purpose of election as member of the Committee a person is qualified or disqualified.
(c) Petitions regarding complaints, irregularities, breach of trust, mismanagement in any Gurdwara, educational or other institutions against any member, office bearer or officer or other employee of the Committee.
(d) Petitions arising out of any type of disputes between the Committe
(1) Any person aggrieved by an order passed by the District Judge may, within sixty days of the order, prefer an appeal to the High Court at Delhi and the orders of the High Court on such appeal shall be final and conclusive.
(2) The provisions of sections 5 and 12 of the Limitation Act, 1963 (36 of 1963), shall, so far as may be, apply to appeals under this section.
(1) A registered Singh Sabha may, in relation to any local Gurdwara under its control, decide by a resolution adopted by three-fourth majority of its total membership for affiliating that local Gurdwara to the Committee and if the Committee consents thereto, the said local Gurdwara shall be deemed to be affiliated to the Committee.
(2) All assets and liabilities of the local Gurdwara so affiliated and of the registered Singh Sabha shall thereafter vest in the Committee.
Nothing contained in this Act or any other law for the time being in force shall
(a) save as otherwise expressly provided in this Act or the rules or regulations made thereunder, affect any honour, emolument or perquisite to which any person is entitled by custom or otherwise in any Gurdwara;
(b) authorise any interference with the religious or spiritual functions performed in any Gurdwara.
Every member of the Committee, the Executive Board, or any sub-committee, the Director Gurdwara Elections and every other officer and employee of the Committee shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code 45 of 1860.
(1) The salaries and allowances payable to the Director Gurdwara Elections or to the officers and other employees engaged for the conduct of elections to the Committee, shall be defrayed out of the Consolidated Fund of India in the first instance, but shall be recoverable from the Committee by debit to the Gurdwara Fund after the close of each financial year.
(2) Any sum due to the Central Government under sub-section (1), shall, if not paid within three months after the demand has been made, be recoverable as arrears of land revenue.
No suit, prosecution or other legal proceedings shall lie against any member of the Committee, the Executive Board or any Sub-Committee, the Director Gurdwara Elections or any other officer or employee of the Committee for anything which is in good faith done or intended to be done under this Act or any rule or regulation made thereunder.
(1) The Central Government may, by notification in the Official Gazette, make rules to carry out of the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for or regulate all or any of the following matters, namely
(a) the manner in which a declaration for the purposes of clause (n) of section 2 shall be made;
(b) the particulars to be entered in the electoral rolls;
(c) the preliminary publication of electoral rolls;
(d) the manner in which and the time within which claims and objections as to entries in electoral rolls may be preferred;
(e) the manner in which notices of claims or o
(1) In particular, and without prejudice to the generality of the provisions of this Act or the rules made thereunder for carrying out its functions under this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such regulations may provide for all or any of the following matters, namely
(a) the manner and the criterion for deciding whether a candidate for election as member of the Committee is able to read and write Gurmukhi;
(b) fees and allowances to which office-bearers and other members of the Executive Board or other members of the Committee or of a sub-committee shall be entitled for attending meetings or any other work of the Executive Board, Committee or sub-committee respectively;
(c) the periods of in
(1) As from the date of the establishment of the Committee, the Delhi Sikh Gurdwaras (Management) Act, 1971 (24 of 1971) shall stand repealed.
(2) Notwithstanding such repeal,
(a) any appointment, notification, order or rule made or issued under the said Act shall, in so far as it is not inconsistent with the provisions of this Act, continue in force and be deemed to have been made or issued under the provisions of this Act unless and until it is superseded by any appointment, notification, order or rule made or issued under the said provisions;
(b) all budget estimates made, all obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Delhi Sikh Gurdwara Board shall be deemed to have been made, incurred entered into or
SCHEDULE [See section 15 (3)] SCHEDULE
[See section 15 (3)]
Form of Oath
1, AB, having been elected or (co-opted) a member of the Delhi Sikh Gurdwara Management Committee, do swear in the presence of Sri Guru Granth Sahib that I will faithfully, honestly and conscientiously discharge the duty upon which I am about to enter in the best interest of the Sikh religion.
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