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.—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
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.—(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).
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.—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.—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—
(a) has not attained the age of twenty-five years;
6
(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 a local Gurdwara;
(m) not being a blind person cannot 1
[read and write] Gurmukhi.
Explanation.—A person shall be deemed to—
(i) be able to read Gurmukhi if he is able to 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 2
[prescribed by 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.—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.—(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.—(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.
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).
7
(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.—(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.
(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.—(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.—(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.
1
* * * * *
(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 2
[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.
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).
8
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.
(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.—(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.—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.
(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.—(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.
1. Ins. by Act 46 of 1974, s. 4 (w.e.f. 23-9-1974).
9
(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.—(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.—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.
(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.