DELHI SIKH
GURDWARAS (MANAGEMENT) ACT, 1971 THE DELHI SIKH GURDWARAS (MANAGEMENT) ACT, 1971 [No. 24 of 1971] [26th June 1971] An Act to
provide for the better management of certain Sikh Gurdwaras and Gurdwara
properly. Be it enacted by Parliament
in the Twenty-second Year of the Republic of India as follows? (1) This Act
may be called the Delhi Sikh Gurdwaras (Management) Act, 1971. (2) It shall
be deemed to have come into force on the 20th day of May, 1971. In this Act, unless the
context otherwise requires,? (a) "Administrator"
means the Administrator of the Union Territory of Delhi appointed by the
President under article 239 of the Constitution; (b) "appointed
day" means the 20th day of May, 1971, being the day on which the Delhi
Sikh Gurdwaras (Management) Ordinance, 1971 (9 of 1971) was promulgated; (c) "Board"
means the Delhi Sikh Gurdwara Board constituted under sectiqn 3; (d) "Committee"
means the Gurdwara Prabandhak Committee Delhi, a society registered under the
Societies Registration Act, 1860 (21 of 1864). (e) "Gurdwaras"
means the Sikh Gurdwaras situated in the Union Territory of Delhi as were,
immediately before the appointed day, being managed by or affiliated to the
Committee; (f) "Gurdwara
property" means,? (i) all
movable and immovable property which immediately before the appointed day,
vested or was kept in deposit in the name of the Committee, (ii) all
property which stands in the name of the Gurdwaras or in the name of present or
old managers of the historic Gurdwaras, (iii) all
offerings in cash or kind made in various Gurdwaras, (iv) all
property, cash and kind, movable as well as immovable that may be acquired by
purchase, exchange or otherwise by the Gurdwaras from time to time, (v) all
grants, donations or contributions made from time to time by any person or
authority to the Gurdwaras and includes any actionable claim with respect to
such Gurdwara property; (g) "Sikh"
means a person who professes the Sikh religion or, in the case of a deceased
person, who professed the Sikh religion or was known to be a Sikh during his
lifetime. If any question arises as to whether any living person is or is not a
Sikh, he shall be deemed respectively to be or not to be a Sikh according as he
makes or refuses to make in such manner as the Administrator may prescribe by
rules the following declaration? "I solemnly affirm
that I am a Sikh, that I believe in the Guru Granth Sahib, that I believe in
the Ten Gurus, and that I have no other religion." (1) As from
the appointed day there shall be established a Board to be called the Delhi
Sikh Gurdwara Board. (2) The Board
shall be a body corporate having perpetual succession and a common seal and
shall by the said name sue and be sued. (1) The Board
shall consist of five members, being citizens of India, to be nominated by the
Central Government from amongst persons having knowledge or practical
experience in respect of such matters as the following, namely.-- Social service, public
affairs, management of public institutions, finance or law. (2) There
shall be a Chairman of the Board who shall be elected by the members from
amongst themselves. (3) A casual
vacancy in the office of a member of the Board shall be filled by fresh
nomination. A person shall be
disqualified for being nominated as a member of the Board? (a) if he is
not a Sikh and is less than twenty-one years of age; (b) if he is
found to be a person of unsound mind; (c) if he is
an undischarged insolvent; (d) if he has
been convicted of an offence involving moral turpitude; (e) if he
has, on any previous occasion, been removed from the office of a member of the
Committee or has been removed by order of a competent court from any position
of trust either for mismanagement or corruption. The Chairman or any other
member of the Board may resign his office by writing under his hand addressed
to the Central Government : Provided that the Chairman
or the member shall continue in office until the nomination of his successor is
notified. (1) The
Central Government may, by notification in the Official Gazette, remove the
Chairman of the Board or any member thereof if he? (a) is or
become subject to any disqualification; or (b) refuses
to act, or is incapable of acting or acts in a manner which the Central
Government, after hearing any explanation that he may offer, considers to be
prejudicial to the interests of the Gurdwaras. (2) Where the
Chairman of the Board is removed under sub-section (1), he shall also cease to
be a member of the Board. No act or proceeding of the
Board shall be invalid by reason only of the existence of any vacancy amongst
its members or any defect in the constitution thereof. (1) The Board
shall meet for the transaction of business at such times and places as may be
decided by the Board : Provided that the first
meeting of the Board shall be held at such time and place as may be fixed by
the Administrator in this behalf. (2) The
Chairman or in his absence any member chosen by the members from amongst
themselves shall preside at a meeting of the Board. (3) Subject
to the provisions of this Act, all questions which come before any meeting of
the Board shall be decided by a majority of votes of the members present, and
in the case of equality of votes the Chairman, or in his absence, any other
person presiding shall have a second or casting vote. Notwithstanding any
judgment, decree or order of any court or other authority or any proceeding
pending before any court or other authority, or anything contained in any law
or rules or bye-laws of the Committee, the entire management and control of the
Gurdwaras and Gurdwara property shall, as from the appointed day, be taken over
and vested in the Board. (1) As from
the appointed day, the society known as the Gurdwara Prabhandhak Committee,
Delhi, and registered under the Societies Registration Act, 1860 (21 of 1860),
shall stand dissolved and all Gurdwara property, movable and immovable, and all
rights, powers and privileges of the said society which immediately before the
appointed day belonged to or were vested in the said society shall vest in the
Board and shall be applied for the purposes for which the Board is constituted
in accordance with the provisions of this Act. (2) As from
the appointed day, all debts and liabilities of the said society shall stand
transferred and attached to the Board and thereafter be discharged and
satisfied by the Board. (3) Any will,
deed or other instrument whether made or executed before or after the appointed
day, which contains any bequests, gifts, or trust in favour of the said society
shall, as from the appointed day, be construed as if the Board were therein
named instead of the said society. Subject to the provisions
of this Act and the rules made thereunder, it shall be the duty of the Board? (i) to
arrange for the proper performance of religious rites and ceremonies in the
Gurdwaras; (ii) to
provide facilities for worship by devotees at the Gurdwaras; (iii) to ensure
safe custody of its funds, movable properties, deposits, offerings in cash or
kind and management of all Gurdwara property; (iv) to ensure
maintenance of order and discipline and proper hygienic conditions in the
Gurdwaras; (v) to make
provision for payment of emoluments to its salaried staff; (vi) to manage
the historic and other Gurdwaras and the Gurdwara property in such a way as to
make them inspiring centres of the Sikh tradition, Sikh culture and Sikh
religion; (vii) to spread
education, especially the knowledge of Punjabi and Gurmukhi, to establish
educational institutions and libraries and to give aid to such institutions and
stipends to the students, to provide suitable accommodation for the pilgrims,
to maintain free kitchen, to open free dispensaries and to do such other
religious and charitable acts as the Board thinks fit; (viii) to render
all help in the cause of the uplift of the Sikh community; (ix) to do all
such things as may be incidental and conducive to the efficient management of
the affairs of Gurdwaras, Gurdwara property or to the convenience of the
devotees; (x) to
perform such other functions as may be prescribed by rules by the Administrator
or carrying out the purposes of this Act. (1) There
shall be a Gurdwara Fund into which all receipts and income of the Gurdwara
property (including all amounts comprised for the time being in Gurdwara
property) shall be credited and out of which all expenses and disbursements of
the Board shall be made. (2) The
Gurdwara Fund shall be operated and maintained in accordance with the rules
made by the Administrator in this behalf. (1) The
Administrator may issue such directions, as he may think fit, on questions of
policy to be followed by the Board and for issuing such directions, he may call
for any report or information from the Board. (2) In the
performance of its functions under this Act, the Board shall be guided by he
directions issued under sub-section (1). If any person obstructs the
Board or any of its officers or servants From taking possession of any Gurdwara
properly vested in the Board under section 11 or conceals, destroys, mutilates
or defaces any book or other documents with intent to evade the provisions of
the said section 11, that person shall be punishable with imprisonment for a
term which may extend to one year, or with fine, or with both. No suit, prosecution or
other legal proceeding shall lie against the Chairman or any member of the
Board or any officer orservant of the Board, for anything which is in good
faith done or intended to be done in pursuance of this Act or of any rule or
order made thereunder. (1) The
Administrator 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 all or any of the following matters, namely? (a) the
manner in which a declaration for the purpose of clause (0 of section 2 shall
be made; (b) the
functions to be performed by the Board and the conditions and restrictions
subject to which those functions shall be performed; (c) the
manner in which the funds belonging to the Board shall be deposited or
invested; (d) the mode
of authentication of orders for payment of money by the Board; (e) the form
in which the accounts shall be kept by the Board, the audit thereof and
publication of such accounts; (f) any other
matter which has to be, or may be, prescribed. (3) Every
rule made under this Act 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 successive
sessions, and if, before the expiry of the session in which it is so laid or
the session immediately following, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule
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 rule. (1) The Board
may, with the previous approval of the Administrator, 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 power,
such regulations may provide for all or any of the following matters, namely? (a) the
manner in which meetings of the Board shall be convened, the quorum for the
transaction of any business treat and the procedure at such meetings; (b) the
manner in which a majority decision of the Board shall be obtained by
circulation to the members of the matter requiring decision; (c) the
appointment of such officers and servants as may be necessary for the purpose
of carrying out the functions of the Board under section 12 and the terms and
conditions of their service. Nothing contained in this
Act shall? (a) save as
otherwise expressly provided in this Act or the rules 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. (1) The Delhi
Sikh Gurdwaras (Management) Ordinance, 1971 (9 of 1971) is hereby repealed. (2) Not
within such repeal, anything done or any action taken under the said Ordinance,
shall be deemed to have been done or taken under the corresponding provision of
this Act. Statement
of Objects and Reasons - DELHI SIKH GURDWARAS (MANAGEMENT) ACT, 1971 STATEMENT OF OBJECTS AND REASONS 1. The
affairs of certain Sikh Gurdwaras in the Union territory of Delhi were being
managed until 20th May, 1971, by the Gurdwara Prabandhak Committee Delhi, a
society registered under the Societies Registrations Act, 1860. This Committee,
consisting partly of elected members and partly of nominated members, was
constituted last in 1961, Certain persons who were not satisfied with the
Committee resorted to litigation. The nomination of a 19-member Committee by an
arbitrator in April, 19162 was declared invalid by the Additional District and
Sessions Judge, Delhi in April,1961 The Delhi High Court in appeal decided on
May 17, 1971, held inter alia that the entire reference of the dispute for
arbitration is, "void from its inception; it would not be binding on even
those who were parties because a void award cannot be subsequently
ratified". The Delhi High Court further observed:- 2. "Before
taking leave of this case we have to record that having regard to the great
public interest involved we endeavoured to bring about a settlement between the
contestants in this case but we did not meet with success, We have been unable
to work out any solution,......in the altered situation arising subsequently to
the suit-chiefly because of the shifting attitudes of the parties. On the other
hand, we feel that a solution to the disputes affecting such a large number of
religious and charitable institutions could be attempted by court only in a
properly framed suit under section 92 of the Code of Civil Procedure. If this
Is not done and the contestants do not resolve their differences a possible
remedy may be to bring in the needed legislation so that the interests of the
general public who are beneficiaries of these trusts can be protected.", 3. For some
time past, there had been complaints regarding mismanagement of the affairs of
Sikh Gurdwaras in Delhi by the Committee. On the 10th January, 1971, a group of
Sikhs forcibly occupied the Sisganj and Bangle Sahib Gurdwaras. Again on 6th
May 1971, the Sisganj Gurdwara was forcibly occupied by a group of Sikhs and
all efforts to restore normalcy by persuasion failed, These incidents caused
deep resentment among the Sikh public who expressed themselves in favour of a
change in the old set up. 4. As the
alternative mentioned by the Delhi High Court for resolving the dispute by
means of a properly framed suit under section 92 of the Code of Civil
Procedure, 1908, was not considered feasible in the tense atmosphere then
prevailing amongst the Sikh community, and all efforts to restore normalcy by
persuasion had failed, the only course open tip the Government was to act on
the other remedy recommended by the Delhi High Court, namely, to bring forward
suitable legislation in order to protect the interests of the general public
who are beneficiaries of the religious and charitable trusts. Accordingly, the
Delhi Sikh Gurdwaras (Management) Ordinance, 1971, was promulgated on the 20th May,
1971. 5. This Bill
seeks to replace the said Ordinance by an Act of Parliament.
Preamble - THE DELHI SIKH GURDWARAS (MANAGEMENT) ACT, 1971PREAMBLE