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.
(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.—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.
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.
(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.—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.
(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;
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).
13
(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;
14
(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 1
[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.—(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:—
2
* * * * *
(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;
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).
15
(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.
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.
(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.