The JAMMU AND KASHMIR SIKH GURDWARAS AND RELIGIOUS ENDOWMENT ACT, 1973

SIKH GURDWARAS AND
RELIGIOUS ENDOWMENT ACT, 1973
(Act No. XV of 1973)

THE JAMMU AND KASHMIR SIKH GURDWARAS AND
RELIGIOUS ENDOWMENT ACT, 1973
(Act No. XV of 1973)
CONTENTS
SECTION.
CHAPTER I.
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II.
3. The composition and constitution of the Board.
4. Disqualification for being a member of the Board.
5. Term of membership.
6. General meeting.
7. Office of the Board.
8. President and the office bearers of the Board.
9. Powers and duties of the Board generally.
CHAPTER III.
Gurdwara Prabhandhak Committees.
10. Constitution of the Committee.
11. Composition of Committees.
12. Disqualification for election to a Prabhandhak Committee.
13. Term of membership.
14. General powers of the Committee.
15. Offerings made at Sikh Gurdwara.
SIKH GURDWARAS AND RELIGIOUS ENDOWMENT ACT, 1973.161
SECTION.
l5-A. Securing possession of records etc.
CHAPTER IV.
Finances.
16. Objects on which the funds of a Gurdwara may be spent.
17. Annual contribution to Board.
18. Audit of Accounts.
19. Power to make rules.
–––––––
THE JAMMU AND KASHMIR SIKH GURDWARAS AND
RELIGIOUS ENDOWMENT ACT, 1973
(Act No. XV of 1973)
[Received the assent of the Governor on 27th April, 1973 and
published in Government Gazette dated 30th April, 1973 (Extra.).]
An Act to provide for the better administration of the Sikh
Gurdwaras in 1[Union territory of Jammu and Kashmir] and their
properties wherever situate.
Be it enacted by the Jammu and Kashmir Stale legislature in the
Twenty-fourth Year of the Republic of India as follows :—
CHAPTER I
1. Short title, extent, 2[application] and commencement. ––(1) This
Act may be called the Jammu and Kashmir Sikh Gurdwaras and Religious
Endowment Act. 1973.
(2) It extends to the 3[whole of the Union territory of Jammu and
Kashmir].
2[(2-a) It shall apply to all the Sikh Gurdwaras in the 4[Union
territory of Jammu and Kashmir].]
5[(3) It shall come into force on such date as the Government may,
by notification in the 6[Official Gazette], appoint in this behalf].
2. Definitions.–– In this Act, unless there is anything repugnant in
the subject or context,––
(a) ‘Board’ means the State Sikh Gurdwaras Prabhandhak Board
constituted under this Act ;
(b) ‘Committees’ means Gurdwara Prabhandhak Committee of
a Sikh Gurdwara or a Group of Gurdwaras constituted under
this Act ;
1. Substituted for “Jammu and Kashmir State” by S.O. 1229(E) dated 31.03.2020.
2. Inserted by Act XXII of 1976.
3. Substituted by S.O. 1229(E) dated 31.03.2020 for “whole of Jammu and Kashmir State”.
4. Substituted for “State” ibid.
5. Enforced vide SRO-590 dated 03-12-1974 w.e.f. 3rd December, 1974.
6. Construed for “Government Gazette” by S.O. 1229(E) dated 31.03.2020.
SIKH GURDWARAS AND RELIGIOUS ENDOWMENT ACT, 1973.163
164 SIKH GURDWARAS AND RELIGIOUS ENDOWMENT ACT, 1973
(c) ‘Property’ means all the movable and immovable property
attached to a Gurdwara or standing in the name of a Gurdwara
Prabhandhak Committee ;
1[(cc)“Government” means the Government of the Union territory of
Jammu and Kashmir ;]
2[(d) ‘Gurdwara’ means a place of worship where Guru Granth
Sahib is kept and which is constructed by public donation or
by private individual or individuals and is accessible to all
Sikhs including Sehajdhari Sikhs, for worship or for religious
ceremonies ;
(e) ‘Sikh’ means a Sikh who believes in ten Sikh Gurus and Guru
Granth Sahib and keep Keshas ;
(f) ‘Sehajdhari Sikh’ means a person who believes in Guru Granth
Sahib and ten Gurus but has never kept Keshas ;
(g) ‘Patit Sikh’ mean a Sikh who had kept Keshas but has later on
shaved of ;]
(h) ‘prescribed’ means prescribed by the rules made under this
Act.
3[2-A. Application of other laws barred.—Nothing in 4[the Jammu
and Kashmir (Residential and Commercial) Tenancy Act, 2012] shall
apply to any property to which this Act applies.]
CHAPTER II.
3. The composition and constitution of the Board. ––(1) There shall
be established a Board which shall consist of fifteen members who shall
be elected by Gurdwara Prabhandhak Committees in such manner as may
be prescribed :
Provided that in case  of the first Board to be constituted after the
commencement of this Act, all the members of the Board shall be
nominated by the Government :
Provided further that the term of office of the members so
nominated for the Board shall not exceed one year :
1. Clause (cc) inserted by S.O. 1229(E) dated 31.03.2020.
2. Clauses (d), (e), (f) and (g) inserted by Act XI of 1981.
3. Section 2-A inserted ibid.
4. Substituted by S.O. 1229(E) dated 31.03.2020 for “the Jammu and Kashmir Houses and
Shops Rent Control Act, 1996”.
SIKH GURDWARAS AND RELIGIOUS ENDOWMENT ACT, 1973165
1[Provided also that the Government may, by notification, extend the
term of office of the nominated members of the Board by such further
period not exceeding six months, as it may deem proper.]
(2) The Board shall be a body corporate and shall have a perpetual
succession and a common seal and shall sue or be sued.
4. Disqualification for being a member of the Board.–– A person
shall not be eligible for nomination or election as a member of the Board,
if such person,—
(i) is of unsound mind ;
(ii) is an undischarged insolvent ;
(iii) is a patit ;
(iv) is a paid servant of any Sikh Gurdwaras or of the Board ;
(v) is in the service of Government of 2[the Union territory of
Jammu and Kashmir] or Government of India ;
3[x x x x]
5. Term of memberships.–– The members of the Board shall hold
office for 4[five years] from the date of its constitution.
6. General meeting.–– General meeting of the Board shall be held at
least twice in a year by rotation at Srinagar and Jammu.
7. Office of the Board.–– The Board shall have offices in Jammu and
Srinagar for the transaction of business, to which all communications and
notices to the Board may be addressed.
8. President and the office bearers of the Board.–– The members
of the Board shall, at their first general meeting, elect by ballot from
among themselves,––
(i) a President ;
(ii) two Vice-Presidents, two Secretaries and two Treasurers ;
1. Proviso inserted by Act No. III of 1976, s.2.
2. Substituted by S.O. 1229(E) dated 31.03.2020 for “the Jammu and Kashmir State”.
3. Omitte ibid. It was earlier inserted by Act No. XXXI of 1974.
4. Substituted by Act XXIII of 1985.
166 SIKH GURDWARAS AND RELIGIOUS ENDOWMENT ACT, 1973
Provided that one Vice-President one Secretary and one Treasurer
shall be from among the members of each province.
9. Powers and duties of the Board generally.–– It shall be the duty
of the Board to ensure that every Committee deals with the property and
income of the Gurdwara or Gurdwaras managed by it, in  accordance with
the provisions of this Act or the rules made thereunder and for fulfillment
of this duty and subject to provisions of and in addition to the powers
conferred upon the Board by this Act, the general administration,
superintendence over all Committees elected under the provisions of this
Act shall vest in the Board.
CHAPTER III
Gurdwara Prabhandhak Committees
10. Constitution of the Committee.— For the administration and
management of Sikh Gurdwara, there shall be established a Prabhandhak
Committee 1[for one or more District] in the manner as may be prescribed :
Provided that in case of first Committee to be constituted 2[ x x x]
after the commencement of this Act, all the members of the Committee
shall be nominated by the Government :
Provided further that the term of office of the members so nominated
for such Committee shall not exceed one year.
11. Composition of Committees.–– Each Gurdwara Prabhandhak
Committee shall consist of 11 members of which President, Vice-
President, Secretary, Joint Secretary, Treasurers and six other members
shall be elected by the members of the Committee.
12. Disqualification for election to a Prabhandhak Committee.–– A
person shall not be eligible for election as a member of a Prabhandhak
Committee if he,—
(i) is of unsound mind, or
(ii) is an undischarged insolvent, or
(iii) is a Granthi of a Sikh Gurdwara, or
(iv) is a paid servant of any Sikh Gurdwara or of the Board, or
1. Substituted by Act X of 1981.
2. Omitted ibid.
SIKH GURDWARAS AND RELIGIOUS ENDOWMENT ACT, 1973167
(v) is a Patit,
1[x x x x].
13. Term of membership.–– The members of the Gurdwara
Prabhandhak Committee shall hold office for 2[five years] from the date
of its constitution.
14. General powers of the Committee.–– Subject to the
superintendence and control of the Board, a Committee shall have full
powers of control over the office holders and all properties and income of
whatever description belonging to the Gurdwara or Gurdwaras under its
management and of enforcing the proper observance of all ceremonies and
religious observance in connection with such Gurdawara or Gurdwaras
and of taking all such measures as may be necessary to ensure the proper
management of the Gurdawara or Gurdawaras and the efficient
administration of the property, income and endowments thereof.
15. Offerings made at Sikh Gurdwara.–– All the offerings made at,
or in connection with a Sikh Gurdwara shall be deemed to be the property
of the Gurdwara.
3[l5-A. Securing possession of records, etc. ––(1) Upon the
constitution of a Committee by election under this Act, if outgoing
member of the previous Committee refuse to hand over the charge of the
records and property including the possession of the office of the
Committee to the new Committee, the President of the new Committee
will apply to the District Magistrate within whose jurisdiction the
Committee functions for securing the records, property and the possession
of the office of the Committee.
(2) On receipt of the application under sub-section (1) the District
Magistrate shall issue a notice in writing stating the reasons, calling upon
the previous Committee to show cause within a period of seven days why
the records, property and the possession of the office of the Committee
should not be handed over to the new Committee.
(3) The District Magistrate shall cause the notice to be affixed on
the outer door or some conspicuous part of the building in which the
office of the Committee is located and shall also serve it by post to each
member of the outgoing Committee whereupon the notice shall be deemed
to have been duly served.
1. Omitted by S.O. 1229(E) dated 31.03.2020. It was inserted vide Act No. XXXI of 1974.
2. Substituted by Act XXIII of 1985. s. 3.
3. Inserted by Act XXII of 1976. s. 3.
168 SIKH GURDWARAS AND RELIGIOUS ENDOWMENT ACT, 1973
(4) If the Committee to whom notice has been given refuses or
fails to show cause within seven days of serving of the notice or if
after hearing the Committee, the District Magistrate is satisfied that the
records, property and the possession of office of the Committee should be
handed over to the new Committee, he may authorise any Police  Officer
not below the rank of Deputy Superintendent of Police or an Executive
Magistrate of the Ist Class to enter and search any place where the records
and the property are kept or are believed to be kept and to seize such
records and property and the office of the Committee ; and the records
and property as also the possession of the office of the Committee so
seized shall he handed over to the new Committee.
Explanation.—For purposes of this section the expressions “previous
Committee” and the “new Committee” shall mean
“outgoing members of the Committee” and newly elected
members of the Committee” respectively].
CHAPTER IV
Finances
16. Objects for which the funds of a Gurdwara may be spent.––
Subject to the provisions of this Act, all properties and income of the Sikh
Gurdwara shall be used in the first place, for the maintenance or
improvement of the Gurdwara, for the maintenance of religious worship
and the performance and conduct of the religious and charitable duties ;
ceremonies and observances connected therewith ; for the payment of
allowances or salaries of officers and servants thereof ; for the fulfilment
of the objects of the endoment thereof ; for maintenance of the langar ;
for such religious, charitable or educational purposes as the Committee
may consider necessary in connection therewith or for the discharge of
any obligations legally incurred.
17. Annual contribution to Board. ––(1) Every Committee shall pay
annually to the Board for the purposes of meeting lawful expenses of the
Board a contribution in money out of the income of the Gurdwara or
Gurdwaras under its management.
(2) The proportion which such contribution shall bear to the annual
income of a Gurdwara shall be fixed for each Gurdwara or Gurdwaras by
the Board ; provided that the first contribution levied under the provision
of this section shall not exceed one-tenth of such income.
SIKH GURDWARAS AND RELIGIOUS ENDOWMENT ACT, 1973169
18. Audit of Accounts. ––(1) The accounts of the Board and
Committees shall be audited and examined once in every year by such
auditor as may be from time to time be appointed by the Government.
(2) The expenses incurred in the audit and examination of the
accounts of the Board and Committees shall be paid out of the funds of
the Board or Committees, as the case may be.
19. Power to make rules. ––(1) The Government may, by notification
in the 1[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 all or any of the following
matters, namely :––
(a) the manner in which members of the Board or the Committees
shall be elected ;
(b) the form in which the budgets of the Board and Committees
shall be prepared ;
(c) the form in which a register of Gurdwaras properties may be
maintained and the further particulars which it may contain ;
(d) the manner in which the accounts of Gurdwara properties may
be kept and audited and the contents of the auditors report ;
(e) the payment of money into the Gurdwaras property, the
investment, custody and disbursement of such money ;
(f) the manner in which any money due to the Board or Committee
may be recovered ;
(g) any other matter which has to be or may be prescribed under
this Act.
———
1. Construed for “Government Gazette” by S.O. 1229(E) dated 31.03.2020.

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