LexThe Haryana Sikh Gurdwara (Management) Act, 2014 (22 of 2014)
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2014: Hr. Act 22] SIKH GURDWARAS (MANAGEMENT) 39
THE HARYANA SIKH GURDWARAS (MANAGEMENT) ACT, 2014
(HARYANA ACT NO. 22 OF 2014)
Table of Contents
Sections:
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER-II
THE COMMITTEE
3. Establishment of the Committee.
4. Composition of Committee.
5. Term of office.
6. Delimitation of wards.
7. Electoral roll.
8. Qualifications of voters.
9. Right to vote.
10. Qualifications of member.
11. Elections.
12. Publication of results.
13. Commissioner Gurdwara Elections.
14. First meeting of the members after election.
15. First meeting of the Committee.
16. Election of office bearers of the Executive Board.
17. Vacation of seat, resignation and removal of members and
officer bearers.
18. Fees and allowances of members.
19. Meetings of the committee and the Executive Board.
20. Formation of sub-committees.
21. Powers of the Executives Boards and its office-bearers.
22. Validity of acts of Committee, Executive Board or
sub-committees.
23. Officers and other employees of the Committee.
40 SIKH GURDWARAS (MANAGEMENT) [2014 : Hr. Act 22
CHAPTER-III
POWERS AND FUNCTIONS OF THE COMMITTEE
24. Powers and functions of the Committee.
CHAPTER-IV
GURDWARA FUND, ACCOUNT AND AUDIT
25. Gurdwara fund.
26. Prohibition regarding making of contributions for political
purposes.
27. Budget.
28. Maintenance of accounts.
29. Audit of accounts.
30. Consideration of the auditor’s report by the Committee.
CHAPTER-V
SETTLEMENT OF ELECTIONS AND OTHER DUTIES
31. Disputes with regard to elections.
32. Prohibition of public meetings on the Election day.
33. Disturbance at election meetings.
34. Maintenance of secrecy of voting.
35. Officers etc. at elections not to act for candidates or to influence
voting.
36. Prohibition of canvassing in or near polling stations.
37. Penalty for disorderly conduct in or near polling station.
38. Penalty for misconduct at the polling station.
39. Penalty for illegal hiring or procuring of conveyances at elections.
40. Breaches of official duty in connection with elections.
41. Removal of ballot papers from polling station to be an offence.
42. Other offences and penalties.
43. Prosecution regarding certain offences.
44. Jurisdiction of Courts in other matters.
45. Appeals.
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CHAPTER-VI
HARYANA SIKH GURDWARA JUDICIAL COMMISSION
46. Judicial Commission and its functions.
CHAPTER-VI
MISCELLANEOUS
47. Procedure for affiliation of local Gurdwaras.
48. Act not to affect rites and practices of Sikh religion.
49. Member, officers and other employees to be public servants.
50. Salary.
51. Protection of action taken.
52. Power to make rules.
53. Power of Committee to make regulations.
54. Saving and over-riding effect of this Act on other laws.
55. List of property of scheduled Gurdwaras to be forwarded to the
State Government.
56. Power to remove difficulties.
SCHEDULE-I
SCHEDULE-II
SCHEDULE-III
SCHEDULE-IV
42 SIKH GURDWARAS (MANAGEMENT) [2014 : Hr. Act 22
2014: Hr. Act 22] SIKH GURDWARAS (MANAGEMENT) 43
1 THE HARYANA SIKH GURDWARAS (MANAGEMENT) ACT, 2014
(HARYANA ACT NO. 22 OF 2014)
(Received the assent of the Governor of Haryana on the 14th July, 2014,
and was first published for general information in the Haryana Government
Gazette (Extraordinary), Legislative Supplement Part 1 of the 14th July, 2014.)
1 2 3 4
Year No. Short Title Whether repealed or otherwise
affected by legislation
2014 22 The Haryana Sikh Gurdwaras
(Management) Act, 2014
AN
ACT
to provide for the better autonomous management and effective
supervision of Sikh Gurdwaras and Gurdwara properties in
the State of Haryana and matters related thereto.
Be it enacted by the Legislature of the State of Haryana in the Sixty-fifth
Year of the Republic of India as follows :—
CHAPTER - I
PRELIMINARY
1. (1) This Act may be called the Haryana Sikh Gurdwaras
(Management) Act, 2014.
(2) It shall extend to the whole of the State of Haryana.
2(3) It shall come into force on such date, as the State Government
may, by notification, in the Official Gazette, appoints.
Short title,
extent and
commencement
2. In this Act, unless the context otherwise requires,—
(a) “appointed day” means the date on which this Act shall come
into force;
(b) “Committee” means the Haryana Sikh Gurdwara
Management Committee established under section 3 the Act;
(c) “State” means the territorial jurisdiction within political and
geographical boundaries of the State of Haryana;
(d) “Commissioner Gurdwara Elections” means the
Commissioner Gurdwara Elections, appointed by the State
Government under section 13 of the Act and also includes
Special Commissioner, Additional Commissioner or Joint
Commissioner or Deputy Commissioner Gurdwara Elections,
as the Government, may appoint, from time to time;
Definitions.
1. For Statement of Objects and Reasons, see Haryana Government Gazette (Extra.) dated
the 11th July, 2014 Page 2438.
2. This Act came into force with effect from 18 th July, 2014 vide Haryana Government, Home
Department, notification No. S.0.79/H.A.22/2014/5.1/2014, dated the 18th July, 2014.
44 SIKH GURDWARAS (MANAGEMENT) [2014 : Hr. Act 22
(e) “Gurdwara” means the Sikh Gurdwara situated in the State as
were, immediately before the appointed day, being managed
by or affiliated to any Board, Committee or Shiromani
Gurdwara Parbandhak Committee and were being governed
under the management, control and supervision of the Sikh
Gurdwaras Act, 1925 or any other corresponding law, if any,
on the subject and also includes historical Sikh Gurdwaras,
notified Sikh Gurdwaras or a local Gurdwaras.
Explanation 1. —A historical Gurdwara means a Gurdwara which has
some history connected with any of the ten Sikh Gurus and
are as mentioned in Schedule I.
Explanation 2.— Notified Gurdwara means a Gurdwara which has annual
income of more than rupees twenty lacs as mentioned in
Schedule II.
(f) “Gurdwara property” means,-
(i) all movable and immovable property of a Gurdwara or
any institution which, immediately before the appointed
day vested or was kept in deposit in the name of any
Board, Trust, Committee, Gurdwara Management or
was being regulated under the provisions of the Sikh
Gurdwaras Act, 1925 or rules made thereunder;
(ii) all offerings in cash or kind made to various Gurdwaras
or institutions managed or controlled by any Committee,
Board, Trust or regulated under the provisions of the
Sikh Gurdwaras Act, 1925 immediately before the
appointed day;
(iii) all property in cash or kind, movable or immovable that
may be acquired, purchased, exchanged or otherwise
kept under the management of Gurdwaras or the
Committee or the Trust or Board, from time to time;
(iv) all grants, donations, contributions or offerings made,
from time to time, by any person(s) or authority or any
juristic person to the Gurdwaras or the committee and
also includes any actionable claim or a negotiable
instrument with respect to any such Gurdwara or any
property under its control;
(g) “local Gurdwara” means a Gurdwara within the State of
Haryana mentioned in Schedule III other than a historical
Gurdwara and notified Gurdwara as shown in Schedule I and
II respectively;
(h) “Executive Board” means an Executive Board elected under
section 16 of the Act;
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(i) “Amritdhari Sikh” means a Sikh who has taken Khande-Ka-
Amrit or Khande-Ka-Pauhal prepared and administered
according to the tenets of the Sikh religion and rites at the
hands of five Piaras and beloved ones;
(j) “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. For the
purposes of this Act, if any question arises as to whether any
person is or is not a Sikh, he shall be deemed respectively to
be or not to be a Sikh accordingly as he makes or refuses to
make in the manner, as may be prescribed, 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 ten
Gurus only, and that I have no other religion”;
(k) “Sehajdhari Sikh” means a person, who performs ceremonies
according to Sikh rites, does not use tobacco or Kutha (Halal
meat) and who can recite ‘Mool-mantra’;
(l) “Patit ” means a keshdhari Sikh who trims or shaves his beard
or hair (Keshas) or who after taking Amrit commits anyone or
more of the four Kurahits (Prohibitions);
(m) “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
Haryana;
(n) “regulations” means the regulations made under this Act by
the Committee;
(o) “rules” means the rules made under this Act by the State
Government;
(p) “electoral roll” means a list of eligible voters maintained by
the Commissioner Gurdwara Elections, from time to time, as
per the eligibility criteria of a voter;
(q) “eligibility criteria of voter” means an Amritdhari Sikh, a
Sikh, who is eighteen years of age, but not a Patit Sikh and is
not an insolvent, mentally retarded or an insane person:
Provided that any person registered as a voter has no
right to contest the Gurdwara Elections except an Amritdhari
Sikh:
(r) “prescribed” means prescribed by rules or regulations, as the
case may be; and
(s) “Schedule” means schedule appended to this Act.
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CHAPTER - II
THE COMMITTEE
Establishment
of the
Committee.
3. (1) There shall be established a Committee to be called the
Haryana Sikh Gurdwara Management Committee for the proper management
and control of the Gurdwaras and Gurdwara properties within the State of
Haryana with effect from the date, which the State Government may, by
notification in the Official Gazette, appoint.
(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 at Kurukshetra and
regional offices at Panchkula and Jind.
Composition of
Committee.
4. The Committee shall consist of,—
(a) forty members to be elected from various wards to which the
entire State 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:—
(i) two members shall be co-opted from amongst Sikh
women;
(ii) three members shall be co-opted from the persons
belonging to Scheduled Castes and Backward Class
category;
(iii) two members shall be co-opted from amongst the
General category having extensive knowledge of Sikh
tenets;
(iv) two members shall be co-opted from amongst the
Presidents of the registered “Singh Sabhas” in the State:
Provided that co-opted members shall have the
right to vote for the purpose of election of office bearers
and other members of the Executive Board:
Provided further that the term of office of co-
opted members shall be co-terminus with the elected
members of the Committee.
Term of office. 5. (1) Save as otherwise provided in this section, the term of office
of a member of the Committee shall be five years and shall commence from the
date on which the first meeting of the Committee is held under section 15.
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(2) When a vacancy occurs in the Committee owing to death,
resignation or otherwise of a member, a new member shall be elected or co-
opted, as the case may be, in the same 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 who elected or co-opted would have
been entitled to hold office, if the vacancy had not arisen.
(3) The Committee members shall continue in office until the
notification of election or co-option of his successor is published under
section 12.
6. (1) For the purpose of election of members of the Committee, the
State shall be divided into forty single member wards, in the manner, as may be
prescribed.
(2) The Commissioner Gurdwara Elections may, from time to
time, in consultation with the Committee, alter or amend the number or
territorial areas of the wards.
Delimitation of
wards.
7. (1) An electoral roll with photograph of electors/voters shall be
prepared for every ward, in such manner, as may be prescribed by rules, in
which the names of all persons entitled to be registered as voters in that ward,
shall be entered.
(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
in more than one ward.
(4) The registration of electoral rolls shall be compulsorily
registerable by the Gurdwara Election Commission.
Electoral roll.
8. Every person who —
(a) has been ordinarily resident of a ward for not less than six
months at the time of registration as a voter;
(b) is a Sikh of not less than eighteen years of age,
shall be entitled to be registered in the electoral roll for that ward :
Provided that no person shall be registered as a voter who -
(a) is a Patit or trims or shaves his beard or Keshas;
(b) uses tobacco, Kutha (Halal meat) or intoxicants;
(c) takes alcoholic drinks.
Qualifications of
voters.
9. Every person registered on the electoral roll shall have right to
vote:
Provided that no person shall be entitled to vote at an election in
more than one ward.
Right to vote.
48 SIKH GURDWARAS (MANAGEMENT) [2014 : Hr. Act 22
Qualifications
of member.
10. (1) A person shall not be qualified to be elected or co-opted as
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 a
voter in the electoral roll in the concerned ward;
(d) is not an Amritdhari Sikh;
(e) is a Patit or being an Amritdhari Sikh, trims or shaves his
beard or Keshas;
(f) takes alcoholic drinks or takes intoxicants or uses Kutha
(Halal meat);
(g) is of unsound mind and has been so declared by a competent
court or medical authority;
(h) is an undischarged insolvent;
(i) has been convicted of an offence involving moral turpitude or
has been dismissed from service by Government, Board,
Committee or any other local authority, on account of moral
turpitude;
(j) is a paid servant of any Gurdwara;
(k) is unable to read or write Punjabi in Gurmukhi script.
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 the
election to the Committee in Gurmukhi in his own
handwriting:
Provided that 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.
(2) If a person sits in a meeting or votes as a member of the
Committee when he knows that he is not a member, such person shall be liable
to be a penalty of five hundred rupee per day to be imposed by the President of
the Executive Board, till he continues as such and the said am ount shall be
recoverable as an arrears of land revenue, besides being disqualified for future
membership or as an elector or voter, as the case may be.
Elections.
11. Election of members of the Committee under clause (a) of section
4 whether for the purpose of initial constitution of Committee under section 3,
or for filling up the vacancies arising by efflux of time or a casual vacancy, shall
be conducted by the Commissioner Gurdwara Elections in accordance with the
rules made in this behalf:
2014: Hr. Act 22] SIKH GURDWARAS (MANAGEMENT) 49
Provided that no election shall be held to fill a casual vacancy
occurring within six months prior to the holding of a general election under this
section.
12. (1) The names of all persons elected as a member of the
Committee shall, as may be, after such election be published by the
Commissioner Gurdwara Elections, in the manner, as prescribed.
(2) The names of all persons so elected or co-opted as member
under clause (b) of section 4 shall also likewise be published by the
Commissioner Gurdwara Elections in the manner, as may be prescribed .
Publication of
results.
13. (1) The State Government may, by notification in the Official
Gazette, appoint a suitable person to be the Commissioner Gurdwara Elections
in whom shall vest the powers of superintendence, direction, control and
preparation of electoral rolls for, and conduct of, elections of members of the
Committee.
(2) The State Government may also appoint Special
Commissioner Gurdwara Elections, Additional Commissioner Gurdwara
Elections or Joint Commissioner Gurdwara Elections or Deputy Commissioner
Gurdwara Elections keeping in view the fitness of things and proper
administrative adjudication of the provisions of this Act, rules and regulations
made thereunder.
(3) A person shall not be qualified for appointment as the
Commissioner Gurdwara Elections unless he is a citizen of India and possesses
judicial, administrative or executive experience as a senior officer for a period of
not less than ten years.
(4) Subject to the provisions of section 50, the term of office and
the terms and conditions of service of the Commissioner Gurdwara Elections
shall be such, as may be prescribed or as the Government may deem fit.
Commissioner
Gurdwara
Elections.
14. (1) After declaration of the result, the meeting of newly elected
members shall be called by the Commissioner Gurdwara Elections and in the
said meeting, requisite number of members shall be co-opted. The first meeting
of the elected members shall be held as early as possible and not later than
fifteen days after the publication of the results of the election under sub- section
(1) of section 12.
(2) The Commissioner 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 co-opt or nominate the persons during the first meeting.
First meeting of
the members
after election.
15. (1) The Commissioner Gurdwara Elections shall convene the first
meeting of the Committee to meet on such place, date and time, not later than
fifteen days after publication of the names of the members co-opted under sub-
section (2) of section 12, as he may deem fit.
First meeting of
the Committee.
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(2) The first meeting shall be held at such time and place as the
Commissioner Gurdwara Elections may appoint and shall be presided over by
him:
Provided that while so presiding over the said meeting of the
Committee, the Commissioner Gurdwara Elections shall have no right to vote.
(3) Every member of the Committee shall, before taking his seat
make and subscribe before the Commissioner Gurdwara Elections an oath
according to the form set out for the purpose in the Schedule IV.
(4) The members of the Committee shall proceed thereafter to
elect from amongst themselves a protem Chairman, in such manner, as may be
prescribed, who shall preside over at the meeting until the Committee elects its
new President.
Election of
office bearers
of the
Executive
Board.
16. (1) The Committee shall, at its first meeting after the election of
the protem Chairman under sub- section (4) of section 15, elect from amongst its
members a President, who shall conduct the election of the office bearers and
members of the Executive Board contemplated 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), and
shall also at the same meeting in like manner elect six of its members of the
Executive Board and the office bearers and members so elected, shall be the
Executive Board of the said Committee.
(3 ) 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 election to any of those office bearers shall be held in such manner,
as may be prescribed.
(4) 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 membership of the
Executive Board as they apply in relation to casual vacancies in the membership
of the Committee herein above.
(5) 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) herein above,
in more than one capacity.
(6) The President and other office bearers of the Executive Board
elected under sub-section (1) or sub-section (2) shall hold office for a term of
two and a half years, which will be co-terminus with the term of the Committee.
(7) The President or any other office bearer shall be eligible for
three more terms but not more than ten years in any case only in all ensuing
elections or subsequent thereto and shall be eligible to hold the office of the
President or other office bearer on the same post.
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(8) Till the elections are held after the enforcement of this Act, an
Adhoc Committee comprising of 41 members shall be nominated by the
Government of Haryana to manage, supervise and take over all the assets of the
Gurdwaras including movable and immovable properties of every description
and shall continue to hold such charge to manage the affairs of Haryana Sikh
Gurdwara Management Committee till the new Committee is constituted, which
should not be later than eighteen months including the period spent on
delimitation of wards, registration of eligible voters etc:
Provided that all the forty one members so nominated by the
Government shall elect their President, Senior Vice President, Junior Vice
President, General Secretary, Joint Secretary and six members, who shall be the
members of the Executive Board of the Committee in its first meeting to be
convened and presided over by the officer appointed by the Government. The
adhoc committee and the Executive Board shall cease to exist after the
formation of a new Executive Committee:
Provided further that after the new elected Haryana Gurdwara
Management Committee takes over the charge, the adhoc committee shall hand
over the charge to the newly elected committee.
17. (1) A member of the Committee may resign his office in writing
under his signatures 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 in writing under his signatures
addressed to the Committee resign his office; and
(c) may be removed from his office by a resolution of the
Committee passed by two-third majority of the total
members of the General House:
Provided that no resolution for the purpose of
clause (c) shall be moved unless it is supported by not
less than fifteen members of the Committee and fifteen
days’ notice has been given of their intention to move
the resolution.
(3) The resignation of office bearers under sub- section (1) or
clause (b) of sub- section (2) shall take effect from the date from when it is
accepted by the Executive Board and ratified by the Committee.
Vacation of
seat,
resignation and
removal of
members and
officer bearers.
18. Any office bearer or other member of the Executive Board or any
member of the Committee may, if he chooses to do so, 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.
Fees and
allowances of
members.
52 SIKH GURDWARAS (MANAGEMENT) [2014 : Hr. Act 22
Meetings of the
Committee and
the Executive
Board.
19. (1) The annual general meeting of the Committee shall be held
every year on the date to be notified to the members by the Board.
(2) The Executive Board shall meet at least once in every month
or at such intervals, as may be prescribed.
(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 over at
any meeting of the Committee or of the Executive Board:
Provided that quorum for the purpose of convening of the
meeting of the Committee or the Executive Board shall be at least two-third of
the total strength of the members of the Committee or the Board, as the case
may be, inclusive of elected and co-opted members.
(4) The Committee or the Executive Board shall observe such
rules of procedure with regard to transaction of the business of the Board or the
Committee at its meetings, as may be prescribed.
(5) Save as otherwise provided, all questions which come up
before any meeting of the Committee shall be decided by a majority of vote of
the members present and voting and in the event of equivalence of votes, the
person presiding shall have a right to casting or second vote.
(6) All the proceedings of the meetings of the Committee or the
Executive Board shall be recorded preferably in Gurmukhi script or the
language best known to the majority of the members.
Formation of
sub-
committees.
20. (1) The Executive Board may constitute such number of sub-
committees from amongst the members of the Committee or Board, as it thinks
fit and for such purpose, as may be prescribed.
(2) A sub-committee constituted under sub-section (1) shall meet
at such time and places and shall observe such rules of procedure with regard to
the transaction of business at its meetings, as may be prescribed.
(3) A member of a sub-committee may, if he so chooses, draw
such fees and allowances for attending its meetings and for attending to any
other work of the sub-committee, as may be prescribed.
Powers of the
Executive
Board and its
office-bearers.
21. (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 its 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
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, call for the
record of any case, revise any order passed by any authority to whom such
powers have been delegated by the Executive Board and can also —
(i) confirm, modify or set aside the order,
2014: Hr. Act 22] SIKH GURDWARAS (MANAGEMENT) 53
(ii) impose any penalty or set aside, reduce, confirm or
enhance the penalty imposed upon any employee of the
Committee or the Executive Board, as the case may be,
(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 with simple
majority.
22. No act or proceeding of the Committee or the Executive Board or
any sub-committee shall be invalidated by reason only of defect in formation of
the Committee, Board or sub-committees, as the case may be, by any person
owing to any reason whatsoever.
Validity of acts
of Committee,
Executive Board
or sub-
committees.
23. (1) The Committee may appoint such number of officers and
other employees, as it considers necessary, for the efficient performance of its
functions and duties, 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 any other employee for dereliction of
duty, unfitness, neglect or negligence of duty or any 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 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 subject to such terms and conditions, as may be prescribed :
Provided that all employees working presently under the
Shiromani Gurdwara Prabandhak Committee or any local management of the
Gurdwaras from the date of commencement of this Act shall be deemed to be
under the employment of the new management/committee or the Executive
Board or the local management of the Gurdwara:
Provided further that the service conditions of the existing
employees shall be governed by the rules as applicable to them at the time of
commencement of this Act, till the rules and regulations are framed under
this Act.
Officers and
other employees
of the
Committee.
CHAPTER–III
POWERS AND FUNCTIONS OF THE COMMITTEE
24. 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 within the State of Haryana 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 rituals and ceremonies in the Gurdwaras;
Powers and
functions of the
Committee.
54 SIKH GURDWARAS (MANAGEMENT) [2014 : Hr. Act 22
(ii) to provide facilities for worship by the devotees at the
Gurdwaras;
(iii) to ensure safe custody of its funds, movable and immovable
properties, deposits, offerings either in cash or in kind and
proper utilization of funds, in the manner, as may be
prescribed;
(iv) to do all such things or functions as may be incidental and
conducive to the efficient management of the affairs of the
Gurdwaras, educational and other institutions under the
Committee and other properties;
(v) to provide suitable accommodation and facilities for
pilgrimage to devotees;
(vi) to maintain free langars to the visiting devotees;
(vii) to manage the historical and other Gurdwaras, educational
and other institutions and their properties in such a way so as
to promote Sikh tradition, culture, heritage and religion;
(viii) to ensure the maintenance of order, discipline and proper
hygienic conditions in Gurdwaras, educational and other
institutions under its management;
(ix) to open free dispensaries for medical check up and proper
assistance to the visiting devotees;
(x) to spread education, culture and Sikh heritage, especially the
knowledge of the Punjabi in Gurmukhi script;
(xi) to establish educational, engineering, medical, Information
and Technology institutions, research centres and Libraries;
(xii) to render sufficient financial assistance to religious and
educational institutions, societies and also to arrange for
financial assistance to needy persons in harness;
(xiii) to arrange stipends to poor, needy and deserving students
studying in the schools or institutions managed by the
Committee;
(xiv) to render help in the case of upliftment of the Sikh
Community and propagation of Sikh religion, tenets, rites
and rituals as per Sikh “Maryada”;
(xv) to arrange for the pilgrimage of the Sikh devotees belonging
to the State of Haryana to places of worship and Sikh
Gurdwaras in Pakistan or other parts of the world in
consultation with the State or the Central Government, as the
case may be;
(xvi) to entertain and perform such other functions and to do such
religious or charitable acts, as may be prescribed for carrying
out the ideals and high traditions of Sikhism for achieving the
ends for the purposes of this Act.
2014: Hr. Act 22] SIKH GURDWARAS (MANAGEMENT) 55
CHAPTER-IV
GURDWARA FUND, ACCOUNT AND AUDIT
25. (1) There shall be a Gurdwara Fund and all receipts and income
of the Gurdwaras and of the Gurdwara properties (including all amounts
comprised for the time being in Gurdwara property) shall be credited to the
account of Gurdwara Fund in a properly maintained bank account as per rules.
(2) The Gurdwara Fund shall be held by the Committee in trust
for the purposes of this Act and rules made thereunder, subject to the provisions
contained therein and shall not be utilized for any other purposes than the one
authorized by this Act or the rules or regulations made under this Act.
(3) All expenses or expenditure 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 in the manner, as may be
prescribed.
Gurdwara Fund.
26. Nothing contained in this Act shall, or shall be deemed to,
authorize 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.
Prohibition
regarding
making of
Contributions
for political
purposes.
27. (1) In respect of every financial year, budget (annual financial
statement) of the estimated receipts and expenditure of the Committee for the
relevant year shall be placed before the Committee and duly passed by the
General House of the said Committee.
(2) No money out of the Gurdwara Funds shall be appropriated
except as provided in the manner prescribed under this Act and rules made
thereunder without proper approval of the Committee.
Budget.
28. (1) The Committee shall maintain proper accounts showing an
account of receipt and expenditure out of the Gurdwara Fund and proper cash
book and ledger for the daily accounts shall be maintained in the manner, as
may be prescribed.
(2) At the end of each calendar month, a statement of account of
income and expenditure relating to the corresponding month shall be prepared
before the 10th day of ensuing month and placed before the Committee and it
shall be pasted at conspicuous places outside all Gurdwaras on the notice board
and a consolidated annual statement showing income and expenditure account
relating to a particular financial year shall likewise be prepared and placed
before the Committee for its approval before the General House and be also
displayed outside the Gurdwaras at the end of each and every financial year :
Maintenance of
accounts.
56 SIKH GURDWARAS (MANAGEMENT) [2014 : Hr. Act 22
Provided that a copy of the statement of accounts for every month as well
as at the end of the financial year shall be dispatched to all members of the
Committee and any of the members of the Committee may point out
discrepancies, if any, in the statement of the accounts within a period of fifteen
days from the receipt of such copy and such objections shall be subject to audit
as per the manner prescribed under the rules :
Provided further that in case some discrepancies are pointed out during
the audit, the discrepancies shall be rectified by the House before the same being
re-submitted for accounts in a specially convened meeting with a clear notice of
fifteen days for the said purpose.
Audit of
accounts. 29. (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 prior to the close of
every financial year and shall receive such remuneration as the Committee may
prescribe.
(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 Haryana (one in English and one in Punjabi) 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 or 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
diverted to any other purpose not authorized by this Act or rules or regulations
made under this Act.
2014: Hr. Act 22] SIKH GURDWARAS (MANAGEMENT) 57
30. 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, unauthorized or improper expenditure
and may also pass such further orders upon the report, as it may deem fit and
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.
Consideration of
the auditor’s
report by the
Committee.
CHAPTER-V
SETTLEMENT OF ELECTIONS AND OTHER DISPUTES
31. In case of any dispute with regard to Elections of the members of
the Committee, the Commissioner Gurdwara Elections or his nominee,
appointed in consultation with the Government, shall hear, adjudicate upon and
dispose of in accordance with law, all the election petitions, in the manner, as
may be prescribed or adopted as a procedure to be devised by the Commissioner
Gurdwara Elections, as he deems it necessary and the decision taken on any
election dispute or election complaint shall be final:
Provided that no Civil Court shall have jurisdiction to entertain,
hear and try any election petition, election dispute or any complaint relating to
Gurdwara Elections and jurisdiction of any such Court shall be barred, except
the election offences under this Chapter.
Disputes with
regard to
elections.
32. (1) No person shall convene, hold or attend any public meeting
within any constituency on the date or dates on which a poll is taken for an
election in that constituency.
(2) Any person who contravenes the provisions of sub-section (1)
shall be punishable with fine which may extend to five thousand rupees.
Prohibition of
public meetings
on the Election
day.
33. (1) Any person who at a public meeting to which this section
applies, acts, or incites others to act, in a disorderly manner for the purposes of
preventing the transaction of the business for which the meeting was called,
shall be punishable with fine which may extend to five thousand rupees.
(2) This section applies to any public meeting of a political
character held in any constituency between the date of the issue of a notice
under the Executive Board or Committee Election Rules framed under this Act
calling upon the constituency to elect a member or members and the date on
which such election is held.
Disturbances at
election
meetings.
34. (1) Every officer, clerk, agent or other person who performs any
duty in connection with the recording or counting of votes at an election shall
maintain, and aid in maintaining, the secrecy of the voting and shall not (except
for some purpose authorized by or under any law) communicate to any person
any information violating such secrecy.
Maintenance of
secrecy of
voting.
58 SIKH GURDWARAS (MANAGEMENT) [2014 : Hr. Act 22
(2) Any person who contravenes the provisions of sub-section (1)
shall be punishable with imprisonment for a term which may extend to three
months or with fine extendable to five thousand or with both.
Officers etc.
at elections not
to act for
candidates or
to influence
voting.
35. (1) No person who is a Returning Officer or a presiding or
polling officer at an election, or an officer or clerk appointed by the Returning
Officer or the presiding officer to perform any duty in connection with an
election shall in the conduct or the management of the election do any act (other
than the casting of vote) for the furtherance of the prospects of the election of a
candidate.
(2) No such person as aforesaid and no member of a police force,
shall endeavour :–
(a) to persuade any person to cast his vote at an election; or
(b) to dissuade any person from casting his vote at an
election; or
(c) to influence the voting of any person at an election in
any manner.
(3) Any person who contravenes the provisions of sub-section (1)
or sub-section (2) shall be punishable with imprisonment which may extend to
six months or with fine or with both.
Prohibition of
canvassing in
or near polling
stations.
36. (1) No person shall, on the date or dates on which a poll is taken
at any polling station, commit any of the following acts within the polling
station or in any public or private place within a distance of one hundred yards
of the polling station, namely :—
(a) canvassing for votes; or
(b) soliciting the vote of any elector;
(c) persuading any elector not to vote for any particular
candidate; or
(d) persuading any elector not to vote at the election; or
(e) exhibiting any notice or sign (other than an official
notice) relating to the election.
(2) Any person who contravenes the provisions of sub-section (1)
shall be punishable with fine, which may extend to five thousand rupees.
Penalty for
disorderly
conduct in or
near polling
station.
37. (1) No person shall, on the date or dates on which a poll is taken
at any polling station, —
(a) use or operate within or at the entrance of the polling
station, or in any public or private place in the
neighbourhood thereof, any apparatus for amplifying or
reproducing the human voice, such as a megaphone or a
loudspeaker, or
2014: Hr. Act 22] SIKH GURDWARAS (MANAGEMENT) 59
(b) shout, or otherwise act in a disorderly maExcerpt shown. Open the full act in Lexace.