THE DELHI SIKH GURDWARAS ACT, 1971

1971 · State unknown · central · act_text

Sections (55)

1 · . Short title, extent and commencement . — (1) This Act may be called the Delhi Sikh Gurdwaras Act, 1971.

2 · . Definitions . — In this Act, unless the context otherwise requires,—

1 · . 7th April, 1972, vide notification No. G.S.R. 241(E), dated 7th April, 1972, see Gazette of India, Extraordinary, Part II, sec. 3 (i).

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.

4 · Composition of the Committee . — The Committee shall consist of— f—

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.

6 · Delimitation of wards . — (1) For the purpose of election of members of the Committee, Delhi shall be divided into single member wards.

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.

8 · Qualifications of elector . — Every person who—

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 . — (1) A person shall not be qualified to be chosen or co-opted as a member of the Committee if such person—

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:

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.

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.

1 · Subs. by Act 46 of 1974, s. 2, for “read or write” (w.e.f. 23-9-1974).

2 · Subs. by s. 2, ibid ., for "prescribed by regulations" (w.e.f. 23-9-1974).

14 · First meeting of the elected members . — (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 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.

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.

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.

1 · Sub -section (3) omitted by Act 6 of 1981, s. 2 (w.e.f. 21-1-1961).

2 · Subs. by Act 46 of 1974, s. 3, for "membership of the Executive Board " (w.e.f. 23-9-1974).

1 · [16A. Power to convene another meeting for election of office-bearers . — 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.

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.

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 . — (1) The annual general meeting of the Committee shall be held in every year.

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.

1 · Ins. by Act 46 of 1974, s. 4 (w.e.f. 23-9-1974).

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.

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 . — (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.

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—

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.

26 · Prohibition regarding making of contributions for political purposes . —N —Nothing contained in this Act shall, or shall be deemed to authorise the Committee to contribute any amount or amounts—

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.

28 · Maintenance of accounts . — (1) The Committee shall maintain proper accounts showing receipts on account of and expenditure out of Gurdwara Fund.

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:

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:

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

1 · Clauses (a) and (b) omitted by Act 46 of 1974, s. 5 (w.e.f. 23-9-1974) .

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.

34 · Procedure for affiliation of local Gurdwaras . — (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.

35 · Act not to affect rites and practices of Sikh religion . —N —Nothing contained in this Act or any other law for the time being in force shall—

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 . — (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.

38 · Protection of action taken . —N —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 . — (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

1 · [(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;]

1 · Ins. by Act 46 of 1974, s. 6 (w.e.f. 23-9-1974).

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.

1 · Subs. by Act 46 of 1974, s. 6, for certain words (w.e.f. 23-9-1974).

2 · Clause (a) omitted by s. 7, ibid. (w.e.f. 23-9-1974).

1 · [(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 . — (1) As from the date of the establishment of the Committee, the Delhi Sikh Gurdwaras (Management) Act, 1971 (24 of 1971), shall stand repealed.

1 · Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).

Subordinates (11)

Lro Bz PTLLISHD IN THE GAZTIS 0F 1iniz EXTRAOJ LMARY; FiI II, SCCiion 3(ii), D43 3ro MY,19736 GovernCnt of Iniin {Blinf nt Sorkar ) Ministrv

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DELHI SIKH GURDWARA MANAGEMENT COMMITTEE (CO-OPTION OF MEMBERS) RULES , 1974

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DELHI SIKH GURDWARA MANAGEMENT COMMITTEE (ELECTION OF PRO-TEMPORE CHAIRMAN , PESIDENT , OTHER OFFICE-BEARERS AND MEMBERS OF THE EXECUTIVE BO

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DELHI SIKH GURDWARA MANAGEMENT COMMITTEE (ELECTION OF MEMBERS) RULES , 1974 .

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The Genor a l Manager , Government of Indi a Press , Main Wins , Minto Road , NEW DELHI .

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DELHI SIKH GURDWARA MANAGEMENT COMMITTEE (ELECTION OF PRO-TEMPORE CHAIRMAN, PESIDENT, OTHER OFFICE-BEARERS AND MEMBERS OF THE EXECUTIVE BOAR

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DELHI SIKH GURDWARA MANAGEMENT COMMITTEE (ELECTION OF MEMBERS) RULES, 1974.

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DELHI SIKH GURDWARA MANAGEMENT COMMITTEE (CO-OPTION OF MEMBERS) RULES, 1974

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THE DELHI SIKH GURDWARAS RULES, 1973.

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THE DELHI SIKH GURDWARAS RULES, 1973.

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PUBY TSHD IN; MC GAZMTB 0F INIK, ETR AORDINAR PART_II, IION 3 SuB-SBCTION (11) DAD THB 5th OCTOBER, 1o7e GOVERMMENT OF INDTA (BHARA ' SARKAR

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