Home / Bare Acts / State Acts and Rules / State Laws / Haryana State Laws / Haryana Sikh Gurdwara (Management) Act, 2014

Haryana Sikh Gurdwara (Management) Act, 2014

Haryana Sikh Gurdwara (Management) Act, 2014
1. Short title, extent and commencement.
2. Definitions.
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. Qualification 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 office 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 Executive Board and its office bearers.
22. Validity of acts of committee, Executive Board or sub-committees.
23. Officers and other employees of the Committees.
24. Powers and functions of the Committee.
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.
31. Disputes with regard to elections.
32. Prohibition of public meetings on the Election day.
33. Disturbances 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.
46. Judicial Commission and its functions.
47. Procedure for affiliation of local Gurdwara.
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.

The Haryana Sikh Gurdwara (Management) Act, 2014

Haryana Act No. 22 of 2014

hl646


Part-I

Haryana Government

Law and Legislative Department

Notification

The 14th July, 2014

No. Leg.28/2014. – The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 14th July, 2014, and is hereby published for general information:-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. Short title, extent and commencement. – (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.(3) It shall come into force on such date, as the State Government may, by notification, in the Official Gazette, appoints.2. Definitions. – 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;

(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 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 properly 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;

(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.

CHAPTER-II

The Committee

3. Establishment of the Committee. – (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.4. Composition of Committee. – 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.

5. Term of office. – (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.(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. Delimitation of wards. – (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.7. Electoral roll. – (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.8. Qualifications of voters. – 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.

9. Right to vote. – 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.10. Qualification of member. – (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 amount 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.11. Elections. – 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: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. Publication of results. – (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.13. Commissioner Gurdwara Elections. – (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.14. First meeting of the members after election. – (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.15. First meeting of the Committee. – (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.(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.16. Election of office bearers of the Executive Board. – (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.(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 further 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. vacation of seat, resignation and removal of members and office bearers. – (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.18. Fees and allowances of members. – 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.19. Meetings of the Committee and the Executive Board. – (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.20. Formation of sub-committees. – (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.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 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,

(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 be 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. Validity of acts of committee, Executive Board or sub-committees. – 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.23. Officers and other employees of the Committees. – (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.

CHAPTER-III

Powers and Functions of the Committee

24. Powers and functions of the Committee. – 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;

(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.

CHAPTER-IV

Gurdwara Fund, Account and Audit

25. Gurdwara Fund. – (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 properly) 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.26. Prohibition regarding making of Contributions for political purposes. – 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.

27. Budget. – (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.28. Maintenance of accounts. – (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: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.29. Audit of accounts. – (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.30. Consideration of the auditor’s report by the Committee. – 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.

CHAPTER-V

Settlement of Elections and Other Disputes

31. Disputes with regard to elections. – 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.32. Prohibition of public meetings on the Election day. – (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.33. Disturbances at election meetings. – (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.34. Maintenance of secrecy of voting. – (1) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of voles 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.(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.35. Officers, etc. at elections not to act for candidates or to influence voting. – (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.36. Prohibition of canvassing in or near polling stations. – (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.37. Penalty for disorderly conduct in or near polling station. – (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

(b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof so as to cause annoyance to any person visiting the polling station or the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station.

(2) Any person who contravenes, or wilfully aids or abets the contravention of the provisions of sub-section (1) shall be punishable with imprisonment which may extend to three months or with fine upto rupees five thousand or with both.(3) If the presiding officer of a polling station has reasons to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person and thereupon the police officer shall arrest him.(4) Any police officer may take such steps and use such force, as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1), and may seize any apparatus used for such contravention.38. Penalty for misconduct at the polling station. – (1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorized in this behalf by such presiding officer.(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at the election.(3) If any person who has been so removed front a polling station re-enters the polling station without the permission of the presiding officer, he shall be punishable with imprisonment for a term which may extend to three months or with fine upto rupees five thousand or with both.39. Penalty for illegal hiring or procuring of conveyances at elections. – If any person is guilty of such corrupt practice in respect of illegal hiring or procuring of conveyances at or in connection with an election, he shall be punishable with fine which may extend to five thousand rupees.40. Breaches of official duty in connection with elections. – (1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five thousand rupees.(2) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid in furtherance of discharge of his official duties.(3) The persons to whom this section applies are the Deputy Commissioner, Returning Officer, presiding officers, polling officers and any other person appointed to perform any duty in connection with the preparation of an electoral roll, the receipt of nominations or withdrawal of candidatures, or the recording or counting of votes at an election; and the expression “official duty” shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by or under the Executive Board or Committee Election Rules framed under this Act.41. Removal of ballot papers from polling station to be an offence. – (1) Any person who at any election fraudulently takes, or attempts to take, a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five thousand rupees or with both.(2) If the presiding officer of a polling station has reasons to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer:Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.(3) Any ballot-paper found upon the person of a person arrested on search shall be made over for safe custody to a police officer by the presiding officer, or when the search is made by a police officer, shall be kept by such officer in a safe custody.42. Other offences and penalties. – (1) Any person shall be guilty of an electoral offence if in any election he –

(a) fraudulently defaces or fraudulently destroys any nomination paper; or

(b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of a Returning Officer; or

(c) fraudulently defaces or fraudulently destroys any ballot-paper or the official mark, if any, on any ballot-paper or any declaration of identity or official envelope used in connection with voting by special ballot-paper; or

(d) without due authority supplies any ballot-paper to any person; or

(e) fraudulently puts into any ballot-box anything other than the ballot-paper which he is authorized by law to put in; or

(f) without due authority destroys, takes, opens or otherwise interferes with any ballot-box or ballot-paper then in use for the purposes of the election; or

(g) fraudulently or without due authority, as the case may be attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts.

(2) Any person guilty of an electoral offence under this section shall –

(a) if he is a Returning Officer or a presiding officer at a polling station or any other officer or clerk employed on official duty in connection with the election, be punishable with imprisonment for a term which may extend to three years or with fine or with both;

(b) if he is any other person, he punishable with imprisonment for a term which may extend to two years or with fine or with both;

(3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the custody of used ballot-papers, and other documents in connection with such election.43. Prosecution regarding certain offences. – (1) If the Elections Commissioner has reason to believe that any offence punishable under section 35 or under section 40, or under clause (a) of section 42 has been committed in reference to any election, it shall be the duty of the Gurdwara Elections Commissioner to cause such enquiries to be made and such prosecutions to be instituted as the circumstances of the case warrant him to require.(2) No Court shall take cognizance of any offence punishable under section 35 or under section 40 or under clause (a) of sub-section (2) of section 42, unless there is a complaint made by order of, or under authority from the Commissioner, Gurdwara Elections.44. Jurisdiction of Courts in other matters. – A special court notified by the State Government in consultation with the High Court of Punjab and Haryana shall have jurisdiction in the respect of the following matters, namely-

(a) any petition involving a question of dispute wherein any person is a Sikh or is not a Sikh for the purpose of registration as a voter or contesting election as a member or co-option as member of the Committee;

(b) a petition involving a question whether for the purpose of election as member of the Committee a person is qualified or disqualified.

(c) petitions arising out of any type of disputes between the Committee and its employees including former employees.

45. Appeals. – (1) Any person aggrieved by an order passed by the Special court as notified by the State Government, in consultation with the High Court of Punjab and Haryana, may, within ninety days of the order, prefer an appeal to the High Court of Punjab and Haryana at Chandigarh and the orders of the High Court on such appeal shall be final.(2) The provisions of sections 5 and 12 of the Limitation Act, 1963 (36 of 1963), so far as may be, shall apply to appeals under this section.

CHAPTER-VI

Haryana Sikh Gurdwara Judicial Commission

46. Judicial Commission and its functions. – (1) There shall be constituted a Haryana Sikh Gurdwara Judicial Commission which shall consist of three members who shall be Sikhs as defined under this Act, appointed from time to time, as may be necessary by the State Government, by notification in the Official Gazette with the following qualifications –

(i) is or at the time of his retirement or resignation from the Government service was a District Judge not having less than ten years standing as such on his superannuation;

(ii) is an Advocate having not less than ten years standing at bar either at the District Headquarters or in the High Court;

(iii) is a person who is either working or retired and has been a Government Pleader in the High Court or in the District Courts and has a standing of not less than ten years to his credit at the time of his appointment as the member, or Chairman of the Commission.

(iv) The Chairman shall be District Judge if so appointed and if District Judge is not appointed then one of the three selected members of the Commission shall be the Chairman in the order of their seniority either in service or at bar, as the case may be, and the term of the Chairman or the member shall be five years or the age of 65 years whichever is earlier:

Provided that terms and conditions of appointment of the Chairman and members of the Commission shall be determined by the State Government in consultation with the Gurdwara Management Committee in the prescribed manner. The terms and conditions of appointment, salary, allowance etc. will be fixed by the Government in consultation with the Gurdwara Management Committee and the expenditure of the said purpose or any incidental charges including recruitment of helping staff and maintenance of the office shall be defrayed from the Haryana Government Treasury :Provided further that Sikh Gurdwara Judicial Commissions shall be a body corporate and shall work independently of the Commissioner Gurdwara Elections, Haryana Government or the Haryana Sikh Gurdwara Management Committee or the Executive Board, as the case may be:Provided further that any decision taken by the Sikh Gurdwara Judicial Commission shall be final.(2) The Commission shall adjudicate upon the disputes relating to Gurdwara property, movable or immovable including the Gurdwara fund and other incidental disputes inter sebetween the Gurdwara Committee. Executive Board or inter se between various Gurdwara and private individuals, or any other institutions or any other juristic persons.

CHAPTER-VII

Miscellaneous

47. Procedure for affiliation of local Gurdwara. – (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.48. 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) authorize any interference with the religious or spiritual functions performed in any Gurdwara.

49. Member, officers and other employees to be public servants. – Every member of the Committee, the Executive Board, or any sub-committee, the Commissioner 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, 1860 (45 of 1860).50. Salary. – Salary etc. of the Commissioner Gurdwara Elections including Special Commissioner Gurdwara Elections, Joint Commissioner Gurdwara Elections or Deputy Commissioner Gurdwara Elections including the Chairman and members of the Judicial Commission and the allied staff shall be charged from the Haryana Government Treasury:Provided that all expenditure for conducting elections of the Haryana Sikh Gurdwara Management Committee, Executive Board or all incidental charges concerned with the elections by the Commission shall be defrayed out of the Haryana Government Treasury.51. Protection of action taken. – No suit, prosecution or other legal proceedings shall lie against the members of the Committee or the Executive Board or members of any sub-committee, the Commissioner Gurdwara Elections or any other office bearers or employee of the Commission or any other employee including the employees of the Commission for anything which is done in good faith or intended to be done under this Act or any rules or regulations made thereunder.52. Power to make rules. – (1) The State Government may, by notification in the Official Gazette, make rules to carry out the objects and means of this Act.(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for or regulate or any of the following matters, namely –

(a) the manner in which a declaration for the purposes of clause (j) of section 2 shall be made;

(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 objection 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 commissioner;

(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 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 Commissioner Gurdwara Elections or other office bearers;

(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) authority to impose fines;

(t) any other matter in respect of which the Haryana Government deems it necessary to make rules under this section or in respect of which this Act makes no provision or makes insufficient provision is, in the opinion of the Haryana Government, necessary ;

(u) 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 Haryana 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, alter they are made, before Haryana Legislative Assembly while it is in session which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which they are so laid or the session immediately following, the House agree in making any modification in the rules and House agree, the rules shall, thereafter, have effect only in such modified form, 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.53. Power of Committee to make regulations. – (1) In particular and without prejudice to the generality of the foregoing provisions of this Act or the rules made thereunder, the Committee may make regulations for carrying out its functions under this Act.(2) In particular and without prejudice to the generality of the foregoing provisions, such regulations may provide for all or any of the following matters, namely –

(a) the manner and the criterion for deciding whether a candidate for election as member of the Committee is able to read and write Gurmukhi;

(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 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, if necessary;

(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;

(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;

54. Saving and over-riding effect of this Act on other laws. – (1) From the date of commencement of this Act, the provisions of Sikh Gurdwara Act, 1925 shall cease to have any application within the territory of the State of Haryana.(2) Any rule made under the Sikh Gurdwara Act, 1925 or regulations framed by the corresponding legislation on the subject shall continue to be operative within the territorial jurisdiction of the State of Haryana for the purposes of implementation of this Act as far as till the said rules or regulations are suitably amended or re-drafted by the Haryana Government or the Haryana Sikh Gurdwara Management Committee, as the case may be.(3) Notwithstanding the over-riding effect of this Act within the territorial jurisdiction of the State –

(a) any appointment, notification, order or rule made or issued under the 1925 Act shall, in so far as it is not inconsistent with the provisions of this Act shall, 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 legislation, notification, order, rule or regulations made or issued under the corresponding provisions of this Act;

(b) all budget estimates made, all obligations and liabilities incurred, all contracts entered into and all matters and things sought to be done by, with or for the Punjab Sikh Gurdwara Board shall be deemed to have been made, incurred entered into or sought 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 contained therein, belonging or due to, the Punjab Sikh Gurdwara Board, immediately before such establishment, shall, with all rights, powers and privileges of whatsoever description, used, enjoyed or possessed by the said Board, vest in the Committee and the Executive Board to be constituted under Section 16 on the commencement of this Act;

(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 Punjab Sikh Gurdwara Board may be continued or instituted by or against the Haryana Sikh Gurdwaras Management Committee;

(f) any will, deed or either instrument which contains any bequest, gifts or trusts in favour of the Board shall from such establishment, be construed as if the Committee were therein named instead of the said Board or Trust;

(g) provisions of Haryana Rent (Control and Eviction) Act, 1973 shall not apply to the Gurdwara immovable property or any building managed by the Gurdwara Committee or Gurdwara Executive Board.

55. List of Property of scheduled Gurdwaras to be forwarded to the State Government. – The Haryana Sikh Gurdwara Management Committee or Executive Board shall send a list of the Gurdwaras and properties under these Gurdwaras for declaration of the same either as an historical Gurdwara or a notified or local Gurdwara in the prescribed manner. The Gurdwaras and the property under the Management of such historical Gurdwaras shall form part of Schedule-I appended to this Act. Whereas the Gurdwaras and the properties where the annual income of the notified Gurdwara is more than Rs. 20 lacs shall be kept in Schedule-II appended to this Act and local Gurdwara under Schedule-III of this Act:Provided that any Gurdwara or immovable or movable property under the management of historical, notified or a local Gurdwara may be declared either as an historical Gurdwara, a notified or local Gurdwara, as the case may be, by a notification to be issued by the State Government or any amendment, addition or deletion may be made by the State Government to bring a Gurdwara in the list of Schedules I to III i.e. historical Gurdwara in List I, any notified Gurdwara within the list of Schedule-II and a local Gurdwara in Schedule-III in the prescribed manner by way of passing a resolution by the Management of a local Gurdwara or a notified Gurdwara for the purposes of this Act and rules or regulations made under this Act, as the case may be.56. Power to remove difficulties. – If any difficulty arises to give effect to the provisions of this Act or the rules or regulations made under this Act towards the implementation and compliance of the provisions of this Act, the State Government may, by an order, as the occasion requires, do anything which appears to be just, proper and necessary for the purpose of removal of the difficulty and may pass such orders, as it may deem fit.

Schedule-I

List of the Historical Gurdwaras in the State of Haryana

As notified under Section 85 of the Sikh Gurdwaras Act, 1925:District Ambala.

1. Gurdwara Sri Manji Sahib, Ambala City

2. Gurdwara Sri Panjokhra Sahib, Patshahi 8th (Ambala)

District Jind.

3. Gurdwara Sri Guru Teg Bahadur Sahib, Jind

4. Gurdwara Sri Guru Teg Bahadur Sahib, Dhamtan Sahib (Jind)

District Kurukshetra.

5. Gurdwara Sahib Patshahi 6th, Kurukshetra

District Panchkula

6. Gurdwara Sri Nada Sahib, Patshahi 10th, Panchkula

District Yamuna Nagar

7. Gurdwara Guru Gobind Sahib, Kapal Mochan, Tehsil Jagadhri

District Kaithal

8. Gurdwara Chhathi Patshahi and Nauvi Paishahi, Cheeka.

Schedule-II

List of the Notified Gurdwaras in the State of Haryana having Annual Income more than twenty lacs

As notified under section 87(1)(a) of the Sikh Gurdwaras Act, 1925:

Sr. No. District Tehsil Revenue Name of Gurdwara
1. Sirsa Dabwali Kewal Kewal
2. Ambala Ambala Bhano Kheri Gurdwara Gobind Singh Sahib
3. Ambala Ambala Sular Sular
4. Ambala Ambala Channi Gurdwara Channi
5. Ambala Naraingarh Raipur Ranike Raipur and Manak Tabra
6. Ambala Ambala Tharwa Dasvin Patshahi
7. Ambala Kalka Manak Tabra Dasvin Patshahi Maruf Guruana
8. Yamuna Nagar Jagadhri Bilaspur Bilaspur Gurdwara
9. Yamuna Nagar Jagadhri Balachur Agampura
10. Yamuna Nagar Jagadhri Jagadhauli Gurdwara Guru Granth Sahib
11. Kurukshetra Thanesar Bama Gurdwara Navin Patshahi
12. Kurukshetra Thanesar Yara Gurdwara Yara
13. Kurukshetra Thanesar Bakali Dharamsala
14. Kurukshetra Thanesar Thanesar Dharamsala Khaisa
15. Kurukshetra Thanesar Dhoge Gurdwara Dayoddni Sahib Navin Patshahi
16. Mohindergarh Mohindergarh Mohindergarh Gurdwara Sahib Patshahi Naumi (Bhore Sahib)
17. Mohindergarh Narnaul Narnaul City Gurdwara Sahib Patshahi Naumi

Schedule-III

List of the Local Gurdwaras in the State of Haryana having Annual Income less than twenty lacs

As notified under section 87(1)(b) of the Sikh Gurdwaras Act, 1925:

Sr No. District Tehsil Revenue Name of Gurdwara

Sirsa

1. 201 Sirsa Sirsa Gurdwara Guru Gobind Singh
2. 202 Dabwali Dabwali Guru Asthan Dabwali

Fatehabad

3. 204 Ratia Ratia Ratia

Rohtak

4. 205 Rohtak Rohtak Gurdwara Bangla Sahib
5. 206 Meham Lakhan Majra Manji Sahib

Karnal

6. 207 Karnal Karnal Manji Sahib
7. Unscheduled Nilokheri Taraori Gurdwara Navin Patshahi
8. (1) Unscheduled Indri Gudha Gurdwara Gudha
9. (2) Unscheduled Indri Gorgarh Dera Andria

Ambala

10. 221 Ambala Mardon Mardon
11. Unscheduled Ambala Lakhnaur Sahib Lakhnaur Sahib

Kurukshetra

12. (i) Unscheduled Pehowa Pehowa Gurdwara Navin Patshahi, Dasvin Patshahi
13. (ii) Unscheduled Pehowa Siyana Sayada Gurdwara, Dasvin Patshahi
14. (iii) Unscheduled Pehowa Karah Gurdwara Tarbiani Sahib
15. (i) Unscheduled Shahbad Shahbad Dilli Darwaja Janib Gharbi
16. (ii) Unscheduled Shahbad Shahbad Gurdwara Mohalla Majri Janib Shamli
17. (iii) Unscheduled Thanesar Ajrana Kalan Gurdwara Naumi Patshahi
18. (iv) Unscheduled Shahbad Shahbad Gurdwara Mastgarh
19. (v) Unscheduled Shahbad Shahbad Gurdwara Darwaja Shamalik Janib Garbi
20. (vi) Unscheduled Shahbad Shahbad Dharamsala Sri Guru Granth Sahib

Yamuna Nagar

21. Unscheduled Jagadhri Jhinwar Heri Navin Patshahi
22. 228 Jagadhri Jagadhri Gurdwara Jagadhari (Hanuman Gate)
23. 230 Jagadhri Sudhal Sudhal
24. Unscheduled Jagadhri Jagadhri Gurdwara Kapal Mochan

Kaithal

25. (i) Unscheduled Kaithal Kaithal Gurdwara Wadda Navin Patshahi, Patti Kaith Seth
26. (ii) Unscheduled Kaithal Kaithal Gurdwara Manji Sahib known as Thandar Sahib Patti Dogran
27. Unscheduled Guhla Garhi Najeer Gurdwara Navin Patshahi

The Schedule-IV

[See section 15(3)]

Form of Oath

I, __________________________________________ Son/daughter/wife of Sh./Smt.____________________________, resident of_________________________ having been elected or (co-opted) as a member of the Haryana Sikh Gurdwaras Management Committee from Halqa ________ do swear in the name of Sri Guru Granth Sahib that I shall faithfully, honestly and conscientiously discharge the duties cast upon me, which I am about to enter in the best interest of the Sikh religion.Place

Declarant

Facebook Comments
Latest laws

Join our mailing list to receive the latest laws news and updates from our team.