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. 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.

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.
———

Amendments made by :—
(i) Act No. XXXI of 1974.

(ii) Act No. III of 1976.
(iii) Act No. XXII of 1976.
(iv) Act No. X of 1981.
(v) Act No. XI of 1981.

(vi) Act No. XXIII of 1985.

SIKH GURDWARAS AND RELIGIOUS ENDOWMENT ACT, 1973. 3



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 Jammu and Kashmir State 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. 1[application] and commencement.—
(1) This Act may be called the Jammu and Kashmir Sikh Gurdwaras
and Religious Endowment Act. 1973.

(2) It extends the whole of Jammu and Kashmir State.

1[(2-a) It shall apply all the Sikh Gurdwaras in the State.]

(3) It shall come into force on such date as the Government may,
by notification in the Government 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 ;

(c) ‘Property’ means all the movable and immovable property
attached to a Gurdwara or standing in the name of a
Gurdwara Prabhandhak Committee ;

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

1. Inserted by Act XXII of 1976.
2. Clauses (d), (e), (f) and (g) inserted by Act XI of 1981.

SIKH GURDWARAS AND RELIGIOUS ENDOWMENT ACT, 1973. 5



6 SIKH GURDWARAS AND RELIGIOUS ENDOWMENT ACT, 1973

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.

1[2-A. Application of other laws barred.—Nothing in the Jammu
and Kashmir Houses and Shops Rent Control Act, 1966 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 :

2[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 ;

1. Section 2-A inserted by Act X of 1981.
2. Proviso inserted by Act No. III of 1976. s.2.



SIKH GURDWARAS AND RELIGIOUS ENDOWMENT ACT, 1973 7

(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 Jammu and Kashmir
State or Government of India ;

1[(vi) is not a permanent resident of the State.]

5. Term of memberships.—The members of the Board shall
hold office for 2[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 ;

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

1. Inserted by Act No. XXXI of 1974.
2. Substituted by Act XXIII of 1985.



8 SIKH GURDWARAS AND RELIGIOUS ENDOWMENT ACT, 1973

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 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

(v) is a Patit,

3[(vi) is not a permanent resident of the State].

13. Term of membership.—The members of the Gurdwara
Prabhandhak Committee shall hold office for 4[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

1. Substituted by Act X of 1981.
2. Omitted ibid.
3. Inserted vide Act No. XXXI of 1974.
4. Substituted by Act XXIII of 1985. s.3.



SIKH GURDWARAS AND RELIGIOUS ENDOWMENT ACT, 1973 9

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.

1[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.

(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].

1. Inserted by Act XXII of 1976. s.3.



10 SIKH GURDWARAS AND RELIGIOUS ENDOWMENT ACT, 1973

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.

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 Government Gazette, make rules to carry out the
purposes of this Act.



SIKH GURDWARAS AND RELIGIOUS ENDOWMENT ACT, 1973 11

(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.

———