Delhi Sikh Gurdwaras Act, 1971- Sections 24 to 41 and Schedule

Part III

POWERS AND FUNCTIONS OF THE COMMITTEE

24. Powers and functions of the Committee.

24. Powers and functions of the Committee.—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 prove 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 Gurdwaras, educational and other institutions under the Committee and their properties or to the convenience of devotees,

(v) to provide suitable accommodation and facilities for pilgrims,

(vi) to maintain free langars,

(vii) to manage the historic and other Gurdwaras, educational and other institutions and their properties in such a way as to make them inspiring centres of the Sikh tradition, culture and religion,

(viii) to ensure maintenance of order, discipline and proper hygienic conditions in Gurdwaras, educational and other institutions under its management,

(ix) to open free dispensaries,

(x) to spread education, especially the knowledge of Punjabi, in Gurmukhi script,

(xi) to establish educational institutions, research centres and libraries,

(xii) to render financial assistance to religious and educational institutions, societies and needy persons,

(xiii) to give stipends to needy and deserving students,

(xiv) to render help in the case of the uplift of the Sikh community and propagation of Sikh religion,

(xv) to perform such other functions and to do such religious or charitable acts, as may be prescribed by regulations for carrying out the purposes of this Act.

Part IV

GURDWARA FUND, ACCOUNTS AND AUDIT

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

25. Gurdwara Fund.

25. Gurdwara Fund.—(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 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.

26. Prohibition regarding making of contributions for political purposes.

26. Prohibition regarding making of contributions for political purposes.—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.

27. Budget.

27. Budget.—(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.

28. Maintenance of accounts.

28. Maintenance of accounts.—(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.

29. Audit of Accounts.

29. Audit of Accounts.—(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 or employee of the Committee or any Gurdwara, educational or other institution of the Committee, the production before him of all books, deeds, vouchers and all other documents and papers which he deems necessary, and may require any person holding or accountable for any such books, deeds, vouchers, documents and papers to appear before him at any audit and examination, to answer all questions which may be put to him with respect to the same or to prepare and submit any further statement which such auditor may consider necessary.

(3) Within thirty days after the audit and examination have been completed, the auditor shall submit a report to the Committee upon each account audited and examined.

(4) The audit report shall be published in, at least two daily papers of Delhi (one in English and one in Punjab) as well as in Gurdwara Journal, if any, within thirty days of its receipt.

(5) The report of the auditor shall, among other matters, specify all items of expenditure which in his opinion are illegal, irregular or improper, all cases of failure of recoveries of money or property due to the Committee, all instances of loss or wasteful expenditure of money or property due to negligence or misconduct and all instances in which any money or property has been devoted to any purpose not authorised by this Act.

30. Consideration of the auditor's report by the Committee.

30. Consideration of the auditor's report by the Committee.—The Committee, in meeting next following the date of receipt of the auditor's 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.

Part V

SETTLEMENT OF ELECTIONS AND OTHER DISPUTES

31. Election disputes, electoral offences, etc.

31. Election disputes, electoral offences, etc.—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.

32. Jurisdiction of District Court in other matters.

32. Jurisdiction of District Court in other matters.—The Court of the District Judge in Delhi shall also have jurisdiction in respect of the following matters, namely:—

(a)  [1][* * *]

(b)  [2][* * *]

(c) Petitions regarding complaints, irregularities, breach of trust, mismanagement in any Gurdwara, educational or other institutions against any member, office-bearer or office or other employee of the Committee.

(d) Petitions arising out of any type of disputes between the Committee and its employees including past employees.

(e) Applications regarding failure of publication of, or non-implementation or non-clearance of the objections raised in, any annual report of the auditors of the Committee.

33. Appeals.

33. Appeals.—(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.

Part VI

MISCELLANEOUS

34. Procedure for affiliation of local Gurdwaras.

34. Procedure for affiliation of local Gurdwaras.—(1) A registered Singh Sabha may, in relation to any local Gurdwara under its control, decided 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.

35. Act not to affect rites and practices of Sikh religion.

35. Act not to affect rites and practices of Sikh religion.—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 in entitled by custom or otherwise in any Gurdwara;

(b) authorise any interference with the religious or spiritual functions performed in any Gurdwara.

36. Members, officers and other employees to be public servants.

36. Members, officers and other employees to be public servants.—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).

37. Salary, etc., of the Director Gurdwara Elections to be defrayed out of the Consolidated Fund of India in the first instance.

37. Salary, etc., of the Director Gurdwara Elections to be defrayed out of the Consolidated Fund of India in the first instance.—(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.

38. Protection of action taken.

38. Protection of action taken.—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.

39. Power to make rules.

39. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, make rules to carry out 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 purpose of clause (n) of Section 2 shall be made;

 [3][(aa) the manner and the criterion for deciding whether a candidate for election as a member of the Committee is able to read and write Gurmukhi;]

(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 objections shall be published;

(f) the place, date and time at which claims or objections shall be heard and the manner in which claims or objections shall be heard and disposed of;

(g) the final publication of electoral rolls;

(h) the revision and correction of electoral rolls and inclusion of names therein;

(i) the appointment of returning officers, assistant returning Officers, Presiding officers and polling officers for the conduct of elections;

(j) the nomination of candidates, form of nomination papers, objections to nominations and scrutiny of nominations;

(k) the deposits to be made by candidates, time and manner of making such deposits and the circumstances under which such deposits may be refunded to candidates or forfeited to the Committee;

(l) the withdrawal of candidatures;

(m) the appointment of agents of candidates;

(n) the procedure in contested and uncontested elections;

(o) the date, time and place for poll and other matters relating to the conduct of elections including—

(i) the appointment of polling stations for each ward,

(ii) the hours during which the polling station shall be kept open for the casting of votes,

(iii) the printing and issue of ballot papers,

(iv) the checking of voters by reference to the electoral roll,

(v) the marking with indelible ink of the left forefinger or any other finger or limb of the voter and prohibition of the delivery of any ballot paper to any person if at the time such person applies for such paper he has already such mark so as to prevent personation of voters,

(vi) the manner in which votes are to be given and in particular in the case of illiterate voters or of voters under physical or other disability,

(vii) the procedure to be followed in respect of challenging votes and tendered votes,

(viii) the scrutiny of votes, counting of votes, the declaration of the results and the procedure in case of equality of votes or in the event of a member being elected to represent more than one ward,

(ix) the custody and disposal of papers relating to elections,

(x) the suspension of polls in case of any interruption by riot, violence or any other sufficient cause and the holding of a fresh poll,

(xi) the holding of a fresh poll in the case of destruction of, or tampering with, ballot boxes before the count,

(xii) the countermanding of the poll in the case of the death of a candidate before the poll;

(p) the fee to be paid on an election petition;

(q) the terms and conditions of service of the Director Gurdwara Elections;

(r) the procedure for the election of pro tempore Chairman under sub-section (4) of Section 15, and of the President and other office-bearers and members of the Executive Board under Section 16;

(s) any other matter in respect of which the Central Government deems it necessary to make rules under this section or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary;

(t) the manner in which results of election or co-option of members of the Committee shall be published, or the orders made under the rules shall be widely made known by affixing copies thereof in conspicuous public places, by publishing the same by beat of drum or by advertisement in local newspapers.

(3) In making any rule under this section the Central Government may provide that any contravention thereof shall be punishable with imprisonment for a term which may extend to six months or with fine or with both.

(4) All rules made under this section shall be laid, as soon as may be, after they are made, before each House of Parliament while it is in session for a total period of thirty days, which may be comprised in one session or in  [4][two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid,] both Houses agree in making any modification in the rules or both Houses agree that the rules should not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under those rules.

40. Power of Committee to make regulations.

40. Power of Committee to make regulations.—(1) The Committee may make regulations not inconsistent with 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)  [5][* * *]

(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 interval at which meetings of the Executive Board shall be held, the manner in which meetings of the Committee or the Executive Board or any sub-committee shall be convened, the quorum for the transaction of business thereat and the rules of procedure to be followed for transaction of business at meetings of the Committee, the Executive Board or any sub-committee;

(d) the manner in which a majority decision of the Executive Board shall be obtained by circulation to its office-bearers and members of any matter requiring decision;

(e) the matters in respect of which powers may be exercised or duties performed by the President or other office-bearers of the Executive Board or by any officer or other employee of the Committee;

(f) the terms and conditions of service of officers and other employees of the Committee including recruitment, transfer, fixation of seniority, promotion of, and disciplinary action or punishment against, such officers and other employees;

(g) any other functions or religious or charitable acts which, in addition to those specified in Section 24, may be performed or done by the Committee, and the conditions and restrictions subject to which those functions or acts shall be performed or done;

(h) the manner in which cash or other moneys of the Gurdwara Fund shall be deposited or invested;

(i) the form in which the budget of the Committee shall be presented;

(j) the form in which the accounts of the Committee shall be maintained and the publication of such accounts;

(k) the manner in which any regulations or orders made thereunder shall be published or widely made known by affixing copies thereof in conspicuous public places, by publishing the same by beat of drum or by advertisement in local newspapers;

(l) any other matter which has to be, or may be, prescribed.

 [6][(3) Every regulation made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.]

41. Repeal and Saving.

41. Repeal and Saving.—(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 engaged to be done by, with or for the Committee under the provisions of this Act;

(c) all Gurdwara property, movable and immovable and all interests of whatsoever nature and kind therein vested in, belonging or due to, the Delhi Sikh Gurdwara Board, immediately before such establishment, shall, with all rights, powers and privileges of whatsoever description, used, enjoyed or possessed by the Board, vest in the Committee;

(d) all sums of money including rents due to the Board immediately before such establishment shall be deemed to be due to the Committee;

(e) all suits and other legal proceedings instituted or which might have been instituted by or against the Delhi Sikh Gurdwara Board may be continued or instituted by or against the Committee;

(f) any will, deed or other instrument which contains any bequest, gifts or trusts in favour of the Board shall as from such establishment, be construed as if the Committee were therein named instead of the said Board.

Schedule

SCHEDULE

[See Section 15(3)]

Form of Oath

I, 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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