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Amendments in Delhi Sikh Gurdwara Act 1971 and Rules at a glance – by Inder Mohan Singh

Delhi Sikh Gurdwara Management Committee (DSGMC) was established on 28th April, 1975 under Section 3 of the Delhi Sikh Gurdwaras Act 1971 with the main objectives to manage and control the Gurdwaras and Gurdwaras’ property in Delhi. Under this Act, separate rules regarding Registration of Voters, Election of Members, Co-option of Members and Election of Executive Board of DSGMC were also framed in details.

Several amendments in the Act and rules have been made by the government from time to time like amendment in Section 16(3) in the year 1981 thereby deleting the mandatory qualification of atleast 10th pass for the office-bearers of the DSGMC, reducing the age of Sikh voters from the existing 21 years to 18 years by amending Section 8 in the year 2002, extending the tenure of the Executive Board of DSGMC from existing one to two years thereby amending Section 16(5) of the Act in the year 2008 etc.

Although Delhi Government long ago passed an amendment bill regarding direct election of President of DSGMC by voters of all the 46 Gurdwara wards in Delhi. However the said bill is still pending with the Central Government for a considerable long time.

It is pertinent to mention that the DSGMC passed a resolution in the year 2013 to amend certain provisions of the Delhi Gurdwara Act to delete Section 37 which made mandatory to pay the salary of staff of the Delhi Government Gurdwara Election Directorate out of Gurdwara Funds, to set up a Gurdwara Judicial Commission on the pattern of the SGPC Sri Amritsar, to include Takhat Sri Damdama Sahib Talwandi Sabo, Punjab as fifth Takhat in the Delhi Gurdwara Act and to enforce Anti-Defection law for members of the DSGMC. But no decision has been taken by the government on these issues for the last eight years.

Similarly, the Delhi government vide its notification dated 28th July, 2010 made certain amendments in different rules like making it mandatory to prepare voter lists with photographs, reducing compaign time for election from 20 days to 14 days, making it obligatory to get registration under the Societies Registration Act 1860 to those religious parties aspiring for allotment of reserved election symbol, increase in security deposit for contesting candidates from Rs.200/- to Rs.5000/-, adjournment of poll in case of death of candidate having reserved election symbol, giving powers to the government to conduct election of the Executive Board of DSGMC in case elections are not timely declared by the sitting President of the Committee, calling of special meeting of the members by the government for removal of any office-bearer or member of the DSGMC, in case any complaint against them is received from atleast 34 members of the committee.

Inder Mohan SinghIt is also pertinent to mention that the last fresh voter lists by making house to house survey was prepared about 38 years back in the year 1983. Although the government has made re-delimitation of all the 46 Gurdwara wards in Delhi in the year 2015, but despite of several court orders issued from time to time in this regard, elections have been held by making amendments in the obsolete voter lists every time citing shortage of time.

While amendments in the Delhi Gurdwaras Act and rules have been made by the government from time to time, but some amendments are more required immediately in the present scenario like increasing of the term of DSGMC from four years to five years in compatible with the SGPC Sri Amritsar, to hold timely elections in Delhi, making it mandatory for the candidates to declare their moveable and immoveable properties, fixing of upper limit for election expenses and making it obligatory for the candidates to submit details of their election expenditure with the government immediately after the elections. Likewise strict action should be taken against violators of the Model Code of Conduct.

Anti-defection law should be enforced for members winning on reserved election symbol and any violation should results in cancellation of membership of the erred members. It is also to note that out of 9 Co-opted members, 4 are co-opted as Head Priests of the Takhats, 1 nominee of SGPC Amritsar and apart from them 2 members by draw of lots out of the Presidents of the registered Singh Sabhas of Delhi.

These co-opted members continue to enjoy their full tenure of four years even if any Head Priest of Takhat is retired and/or the co-opted member of SGPC or from Singh Sabhas of Delhi lose their subsequent elections either in SGPC and/or the particular local Singh Sabha during the four year term of DSGMC. To deal with such situations, Gurdwara Act and rules should be suitabily amended to ensure that the membership of such member who lost his primary qualifications is cancelled forthwith and a new member is co-opted after following the due process of law.

(Inder Mohan Singh)
Member,
Delhi Sikh Gurdwara Management Committee
Mob: 9971564801

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