Delhi Sikh Gurdwaras Act, 1971

This Indian law provides for the proper management of the Sikh Gurdwaras and Gurdwara property in Delhi.

Delhi Sikh Gurdwaras Act, 1971

[Act 82 of 1971]         [30th December, 1971]

An Act to provide for the proper management of the Sikh Gurdwaras and Gurdwara property in Delhi and for matters connected therewith

Be it enacted by Parliament in the Twenty-second Year of the Republic of India as follows:—

Part I

PRELIMINARY

1. Short title, extent and commencement.

1. Short title, extent and commencement.—(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[1] as the Central Government may, by notification in the Official Gazette, appoint.

Other Contents of Delhi Sikh Gurdwaras Act, 1971​
Sections 1 to 23
Sections 24 to 41 and Schedule

2. Definitions.

2. Definitions.—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 (24 of 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 Election 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 Board and includes such other local Gurdwaras as may, after the appointed day, be affiliated to or managed by the Committee;

(g) “Gurdwara property” means,—

(i) all movable and immovable property which, immediately before the appointed day, vested or was kept in deposit in the name of the Board;

(ii) all property which stands in the name of the Gurdwaras or in the name of the Board of the present or old managers of the historic Gurdwaras;

(iii) all offerings in cash or kind made in various Gurdwaras or institution managed or controlled by the Committee;

(iv) all property in cash or kind, movable as well as immovable that may be acquired by purchase, exchange or otherwise by the Gurdwaras, or the Committee, from time to time;

(v) all grants, donations or contributions made, from time to time, by any person or authority to the Gurdwaras or the Committee,

and includes any actionable claim with respect to such Gurdwara property;

(h) “local Gurdwara” means a Gurdwara in Delhi, other than a Gurdwara under the control or management of the Board immediately before the appointed day;

(i) a person shall not be deemed to be “ordinarily resident” in a ward on the ground only that he owns or is in possession of a dwelling-houses therein and a person absenting temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein;

(j) “patit” means a Sikh who trims or shaves his beard or hair (keshas) or who after taking Amrit commits any one or more of the four Kurahitis;

(k) “registered Singh Sabha” means a Singh Sabha registered as a society under the Societies Registration Act, 1860 (21 of 1860), which is managing or controlling a local Gurdwara in Delhi;

(l) “regulation” means a regulation made under this Act by the Committee;

(m) “rule” means a rule made under this Act by the Central Government;

(n) “Sikh” means a person who professes the Sikh religion, believes and follows the teachings of Sri Guru Granth Sahib and the ten Gurus only and keeps unshorn hair (Keshas). For the purposes of if any question arises as to whether any living person is or is not a Sikh, he shall be deemed respectively to be or not to be a Sikh according as he makes or refuses to make in the manner prescribed by rules the following declaration:—

“I solemnly affirm that I am a Keshadhari Sikh, that I believe in and follow the teachings of Sri Guru Granth Sahib and the ten gurus only, and that I have no other religion.”;

(o) “Amritdari Sikh” means and includes every Sikh who has taken Khande ka Amrit or Khanda Pahul, prepared and administered according to the tenets of Sikh religion and rites at the hands of five Pyaras or “beloved ones”.

Part II

THE COMMITTEE

3. Incorporation of the Committee.

3. Incorporation of the Committee.—(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be established a 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.

4. Composition of the Committee.

4. Composition of the Committee.—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 chosen 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 no right to vote for the purpose of election of office-bearers and other members of the Executive Board under sub-section (1) and sub-section (2) of Section 16;

(iii) one member, being the nominee of the Shromani Gurdwara Parbandhak Committee, Amritsar;

(iv) two members to represent the Sikh community of Delhi, other than those referred to in sub-clause (i), sub-clause (ii) and sub-clause (iii), to be chosen in accordance with the system of proportional representation by means of a single transferable vote.

5. Term of office.

5. Term of office.—(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.

6. Delimitation of wards.

6. Delimitation of wards.—(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 to time, in consultation with the Committee, alter or amend any order made under sub-section (2).

7. Electoral roll.

7. Electoral roll.—(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 for more than one ward.

8. Qualifications of elector.

8. Qualifications of elector.— 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 or 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 under this Act, shall be the 1st day of January, 1972, and the period beginning on the 1st day of January, 1971 and ending on the 31st day of December, 1971, respectively; and

(ii) in the case of every electoral roll subsequently prepared under this Act, shall be the 1st day of January of the year in which it is prepared and the year immediately preceding that year respectively.

9. Right to vote.

9. Right to vote.—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.

10. Qualifications of member.

10. Qualifications of member.—(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 ward;

(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;

(j) is an undischarged insolvent;

(k) has been convicted of an offence involving moral turpitude or has been dismissed from service by Government, Board, Committee or any local authority, on account of moral turpitude;

(l) is a paid servant of any Gurdwara or local Gurdwara;

(m) not being a blind person cannot read  [2][and] write Gurmukhi.

Explanation.—A person shall be deemed to—

(i) be able to read Gurmukhi if he is able recite Sri Guru Granth Sahib, in Gurmukhi, and

(ii) write Gurmukhi if he fills his nomination paper for election to the Committee in Gurmukhi in his own handwriting.

If any question arises whether a candidate is or is not able to read and write Gurmukhi, the question shall be decided in such manner as may be prescribed by [3][rules].

(2) If a person sits or votes as a member of the Committee when he knows that he is not qualified for such membership, he shall be liable in respect of each day on which he so sits or votes to a penalty of three hundred rupees which shall be recoverable as an arrear of land revenue.

11. Elections.

11. Elections.—Election of members under clause (a) of Section 4 whether for the purpose of initial constitution of the 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.

12. Publication of results.

12. Publication of results.—(1) The names of all persons elected as members of the Committee shall, as soon 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 members under clause (b) of Section 4 shall likewise be published by the Director Gurdwara Elections in the manner prescribed by rules.

13. Director Gurdwara Elections.

13. Director Gurdwara Elections.—(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.

14. First meeting of the elected members.

14. First meeting of the elected members.—(1) The person 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 convened 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.

15. First meeting of the Committee.

15. First meeting of the Committee.—(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 thereafter to elect from amongst themselves a pro tempore Chairman in such manner as may be prescribed by rules, who shall preside at the meeting until the Committee elects the President.

16. Election of office-bearers.

16. Election of office-bearers.—(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 other 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 to be 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][* * *]

(4) No member of the Committee shall, at the same time, hold any of the offices referred to in sub-section (1) or sub-section (2) in more than one capacity.

(5) The President and other members of the Executive Board elected under sub-section (1) or sub-section (2) shall hold office for a term of one year but shall be eligible for re-election for one more term only:

Provided that an outgoing office-bearer or member shall continue in office until election of his successor is held.

(6) The election of the President and other office-bearers and members of the Executive Board under sub-section (1) or sub-section (2) or any subsequent annual election to any of those offices shall be held in such manner as may be prescribed by rules.

(7) The provisions of sub-section (2) of Section 5 shall apply so far as may be to the filling of a casual vacancy in the  [5][office of the President, any other office-bearer or member of the Executive Board] as they apply in relation to casual vacancies in the membership of the Committee.

16-A. Power to convene another meeting for election of office-bearers.

 [6][16-A. Power to convene another meeting for election of office-bearers.—(1) If the Committee at its first meeting is unable to elect a pro tempore Chairman or a President or any other office-bearer or member of the Executive Board under sub-section (4) of Section 15 or sub-section (1) or sub-section (2) of Section 16, the Director Gurdwara Elections shall summon another meeting of the Committee, being not later than fifteen days from the date of the first meeting, for the election of the pro tempore Chairman, the President or the remaining office-bearers or members of the Executive Board, as the case may be.

(2) The provisions of Sections 15 and 16 shall, so far as may be, apply to the conduct of election under sub-section (1).]

17. Vacation, resignation and removal of members and office-bearers.

17. Vacation, resignation and removal of members and office-bearers.—(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.

(3) The resignation of office under sub-section (1) or clause (b) of sub-section (2) shall be effective from the date from which it is accepted by the Executive Board or the Committee, as the case may be.

18. Fees and allowances of members.

18. Fees and allowances of members.—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.

19. Meetings of the Committee and the Executive Board.

19. Meetings of the Committee and the Executive Board.—(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 Executive Board shall be decided by a majority of votes of the members present and voting and in the event of equality of votes, the person presiding shall have a second or casting vote.

(6) All proceedings of the meetings of the Committee or the Executive Board shall be recorded in Punjabi in Gurmukhi script.

20. Sub-committees.

20. Sub-committees.—(1) The Executive Board may constitute such number of sub-committees 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 sub-committee, as may be prescribed by regulations.

21. Powers of the Executive Board and its office-bearers.

21. Powers of the Executive Board and its office-bearers.—(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,

(ii) impose any penalty or set aside, reduce, confirm or enhance the penalty imposed upon any employee of the Committee,

(iii) remit the case to the authority which made the order or to any other authority directing such further action or inquiry as considered proper in the circumstances of the case, or

(iv) pass such other orders as he deems fit.

(4) No order passed by the President under sub-section (3) shall be enforced unless and until it is confirmed by the Executive Board.

22. Validity of acts of Committee, Executive Board or sub-committees not to be questioned by reason of vacancy, etc.

22. Validity of acts of Committee, Executive Board or sub-committees not to be questioned by reason of vacancy, etc.—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.

23. Officers and other employees of the Committee.

23. Officers and other employees of the Committee.—(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, designation, 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.

[disclaimer]