REGD.NO.D.L.-33004/99
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No. 1731 NEW DELHI, FRIDAY, APRIL 12, 2002/CHAITRA 22, 1924
1227 GI/2002I THE GAZETTE OF INDIA : EXTRAORDINARY |PART II—SEC, 3(i]| -J.
1HF GAZETTE OF INDIA : EXTRAORDINARY TPART II—SEC. 3(i)l 5 6 THE GAZETTE OF INDIA ; EXTRAORDINARY [PART II—SEC. 3(i)l 2 8 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SFC. 3(i)1-1 ^ici/or-'s^[ P A RT H —S F T J ( I )1 10 T HE G A Z E T TE OF I N D IA • E X T R A O R D I N A RY 11 f 2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I I ^ S B C. 3(i)l 13
MINISTRY OF HOME AFFAIRS
NOTIFICATION
New Delhi, the 4th April, 2002
G.S.R. 278(E).— In exercise of the powers conferred by Section 146 of the Sikh Gurudwaras Act, 1923 (Punjab Act 8 of 1925), the Central Government hereby makes the following rules further to amend the Sikh Gurudwara Board Election Rules, 1959, namely :—
1 (1) These rules may be called the Sikh Gurudwara Board Election (Amendment) Rules, 2002.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Sikh Gurudwara Board Election Rules, 1959 (hereinafter referred to as the said rules), in rule 2,—
14 THE GAZETTE OF INDIA ' EXTRAORDINARY [PART II—SEC- 3(I)](I) in clause (g), after the words "Scheduled Caste" the words "or for women" shall be added; and (ii) in clause (h), after the words "Scheduled Caste" the words "or for women" shall be added.
3. In the said rules, in rule 13, in the proviso for the words "thirty days", the words "twenty days" shall be substituted.
4. In the said rules, in rule 15. in sub-rule (2), for the words "reserved seat" the words "reserved seat for the members of the Scheduled Castes" shall be substituted
5 In the said rules, in rule 16,—
(a) in sub rule (1),—
(i) for the words "one hundred rupees", the words "one thousand rupees'" shall be substituted; and (ii) for the words ^'rupees fifty", the words "five hundred rupees" shall be substituted.
(b) m sub-rule (5), for the words "one eighth of the total number of votes polled" wherever occur, the words "one-sixth of the total of the total number of valid votes polled" shall be substituted
6. In the said rules, in rule 20, for sub-rule (1), the following sub-rule shall be substituted, namely —
"(1) Any candidate may withdraw his candidature by notice in Form IV-A subscribed by him and delivered by him in person or by his agent to the Returning Officer before three O'clock in the afternoon on or before the date specified under rule 13 in this behalf and the Returning Officer shal 1 publish a notice in Form IV- B in respect of such withdrawal and no person who has thus withdrawn his candidature shall be allowed to cancel his withdrawal or to be re-nominated as a candidate for the same election."
7. In the said rules, after rule 25, the following new rule shall be inserted, namely .—
"25 -A Appointment of election agents.—(1) A contesting candidate may appoint in Form IV-C any person to be his election agent and notice of such appointment shall be given by forwarding the same in duplicate to the Returning Officer who shall return one copy thereof to the election agent after affixing thereon his seal and signature in token of his approval of the appointment
(2) The revocation of the appointment of the election agent under rule sub-rule (1) shall be made in Form IV-D and shall be lodged with the Presiding Officer and the Returning Officer and in the case of any such revocation the candidate may make fresh appointment in lus place
25-B Appointment of polling agent.—(1) A contesting candidate may appoint in Form IV-E any person to be his polling agent and the same shall be handed over to the polling agent for production at the polling station.
(2) No polling agent shall be admitted in the polling station unless he has delivered to the Presiding Officer the instrument of his appointment made under sub-rule (1) after duly signing before the Presiding Officer the declaration contained therein.
(3) The revocation of the appointment of a polling agent made under sub-rule (1) shall be made in Form IV-F and shall be lodged with the Presiding Officer and in the event of any such revocation the candidate may make fresh appointment in his place".
8. In the said rules, for rule 33, the following rule shall be substituted, namely .—
"33. Form of ballot papers.—(1) Every ballot paper shall have a counterfoil attached thereto and the ballot paper and counterfoil shall be in such form and the particulars therein shall be in such language or languages as the Chief Commissioner Gurudwara Elections may direct.
(2) The names of the candidates shall be arranged on the ballot paper in the same order in which they appear in the list of validly nominated candidates prepared under rule 22.
(3) If two or more candidates bear the same name, they shall be distinguished by the addition of their occupation or residence or in any other manner as may be directed by the Chief Commissioner Gurdwara Elections."
9. In the said rules, in rule 37,—
(i) for sub-rule (2), the following sub-rules shall be substituted, namely .—
15"(2) On the elector's name being called out, the elector shall approach the Polling Officer-in-charge of the ballot papers who shall then cause the left fore-finger of the elector to be marked with indelible ink and shall thereafter deliver a ballot paper or the requisite number of ballot papers to the elector:
Provided that before delivering the ballot paper or papers the Polling Officer-in-charge, where a direction has been issued in this behalf under sub-rule (1) of rule 27, stamp the ballot paper or papers, as the case may be, with such official mark as may have been specified under that rule.
(3) At the time of issuing a ballot paper or papers to an elector the Polling Officer-in-chargc shall—
(a) record on its counterfoil the electoral roll number of the elector as entered in the marked copy of the electoral roll;
(b) obtain the signature or thumb impression of the elector on the said counterfoil; and
(c) mark the name of the elector in the marked copy of the electoral roll to indicate that a ballot paper has been issued to him, without further recording therein the serial number of the ballot paper issued to that elector:
Provided that no ballot paper shall be delivered to an elector unless he has put his signature or thumb impression on the counterfoil of the ballot paper,
(4) Notwithstanding anything contained in sub-rule (3) it would not be necessary for the Presiding Officer or the Polling Officer or any other officer to attest the signature or the thumb impression, as the case may be, of the elector on the counterfoil.
(5) No person in the Polling Station shall note down the serial number of the ballot paper or papers issued to particular electors.";
(ii) after sub-rule (2) so substituted sub-rule (3) shall be renumbered as sub-rule (6).
10. In the said rules, in rule 43, for the words "marked as cancelled", the words "marked as spoilt: cancelled" shall be substituted.
11. In the said rules, rule 50 shall be renumbered as rul^SO-P and before rule 50-D so renumbered, the following new rales shall be inserted, namely :—
"50. Programme for counting of votes.—(1) The Chief Commissioner Gurudwara Elections may direct as to whether the counting of votes is to be done at the polling station itself after the close of the poll or at a different date, time and place.
(2) The Returning Officer will appoint constituency-wise number of pesons as he may deem necessary to be known as Counting Supervisors and Counting Assistants to assist him in counting of votes.
(3) Where the counting is to be done at a place other than the polling station the Presiding Officer will seal the ballot boxes and election papers in accordance with the provisions of these rules and as per further directions of the Chief Commissioner Gurudwara Elections and deposit the same at the place fixed for this purpose by the Returning Officer for safe custody.
(4) Where the counting is to be done by the Returning Officer, reference to the Presiding Officer in rules 50, 51 and 52 shall be construed as a reference to the Returning Officer.
50-A Intimation of time and place for counting of votes.—Where the counting of votes is to be done by the Returning Officer, he shall, at least seven days before the date or the first of the dates, fixed for poll, appoint the place or places where counting of votes will be done and the date and time at which counting will be done and shall give notice of the same in writing to each candidate or his election agent:
Provided that if for any reason the Returning Officer finds it necessary and expedient to do so, he may alter the date, time and place so fixed and inform by giving notice of the same to each candidate or his election agent.
50-B Appointment of counting agents and revocation of such appointment.—(1) Each contesting candidate shall, subject to such general or special direction as the Commissioner Gurudwara Election may issue in this behalf, appoint one Counting Agent, for each polling station, one Counting Agent for the table of the Returning Officer if counting is to take place at a different place from the polling station and one counting agent for each of the table on which counting of votes is to be done.
16 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)1(2) Every such appointment shall be made in Form VIII- A in duplicate, one copy of which shall be forwar led to the Returning Officer and the second shall be made over to the Counting Agent for production at the place of counting.
(3) No Counting Agent shall be admitted into the place fixed for counting unless he has delivered to the returning Officer or the Presiding Officer, as the case may be his copy of appointment letter after duly completing and signing the declaration contained therein and receiving from the Returning Officer or the Presiding Officer an authority for entry into the place fixed for counting.
(4) The appointment of a Counting Agent can be revoked in Form VIII-B and lodged with the returning Officer or the Presiding Officer, as the case may be, and in the event of any such revocation, the candidate may make a fresh appointment in his place.
50-C Admission to the pake fixed for counting.—(l)The Returning Officer or the Presiding Officer, as the case may be, shall exclude from the place fixed for counting of votes all persons except,—
(a) such persons (to be known as Counting Supervisors and Counting Assistants) as he may appoint to assist him in counting;
(b) persons authorised by the Chief Commissioner Gurudwara Elections or the Commissioner Gurudwara elections;
(c) public servants on duty in connection with elections; and
(d) candidates, their election agents and counting agents.
(2) No person who has been employed by or on behalf of or has been otherwise working for a candidate in or about the election, shall be appointed under clause (a) of sub-rule (1).
(3) The Returning Officer or the Presiding Officer, as the case may be, shall decide which counting agent or agents shall watch the counting at any particular counting table or group of counting tables.
(4) Any person who during the counting of votes misconducts himself or fails to obey the lawful directions of the Returning Officer or the Presiding Officer, may be removed from the place where the votes are being counted by the Returning Officer or by any Police Officer on duty or by any person authorisci in this behalf by the Returning Officer.
12. In the said rules, in rule 50-D, for the marginal heading, the following marginal heading shall be substituted, namely:—
"Counting of votes"
13. In the said rules, after Form IV, the following new Forms shall be added, namely :—
"FORM IV-A
[See rule 20(1)]
Notice of Withdrawal of Candidature to be given by the candidate Election to the Sikh Gurdwara Board The Returning Officer
a (candidate validly nominated the above election) do hereby I give notice that I withdraw my candidature.
Place:
Date
Signature of (validly nominated candidate).
(date) by This notice was delivered to me at my office at (hour) on (name) the
:
Returning Officer.
Date17
Receipt of Notice of Withdrawal
(To be handed over to the person delivering the notice)
a (validly nominated can- The notice of withdrawal of candidature by didate) at the election to the Sikh Gwrdwaran Board was delivered to me by the
at my office at
(hour) on
(date).
Returning Officer.
FORM IV-B
[See rule 20 (I)]
Notice of withdrawal of Candidature to be given by the Returning Officer
Election to the Sikh Gurdwara Board
Notice is hereby given that the following validly nominated candidate/candidates at the above election withdraw his candidature/their candidatures today.
Name of (validly nominated candidate) Address of (validly Remarks
nominated candidate)
1.
2.
3.
etc.
Returning Officer.
Dated
FORMIV-C
[See rule 25-A(l)]
Appointment of Election Agent
To
The Returning Officer,
I,
son of
of
a candidate at the son as my election agent from this election of the membership of the Board do hereby appoint of day at the above election,
Plac<5
Date
Signature of the Candidate.
/•Wtfr/oz - 31" THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC, 3(i)l
FORM IV-D
[Sec Rule 25-A(2)l
Revocation of appointment of Election Agent
To
The Returning Officer,
I
son of —— a candidate at the election of membership of the Board hereby revoke the appointment of Shri —son of
of my election agent.
Place
Date
Signature of the Candidate
FORM IV-E
[See rule 25-B(l)]
Appointment of Polling Agent
I
son of •
of —_____ candidate at the election of membership of the Board do hereby appoint
(Name and address) No.
at
as a Polling Agent to attend Polling Station : place fixed for the poll at—
Place
Date
Signature of the Candidate.
I
son of of
agree to act as such Polling Agent.
Declaration of the Polling Agent to be signed before the Presiding Officer.
I hereby declare that at the above election I will do anything forbidden by Section 151 of the Sikh Gurdwara Act, 1925, which I have read/has been read over to me.
Date
Signature of the Polling Agent.
Signed before me.
Date
Presiding Officer.
FORM IV-F
[See rule 25—B (3)]
Revocation of appointment of Polling Agent.
To
The Presiding Officer,
I
son of
a candidate at the election for the membership of the Board hereby revoke the appointment of my polling agent.
Place
Date
Signature of the candidate19 17. In the said rules, after From VIII, the following new form shall be added, namely —
FORM VIII-A
[Sec rule 50-B (2)]
Appointment of Counting Agents
Election to the Sikh Gurdwara Board
To
The Returning Officer,
I, —
son of
a candidate at the election of membership of the Board, do hereby appoint the following persons as my counting agents to attend the counting of votes at
Name of the Counting Agent Address of the Counting Agent
1,
2.
3.
etc.
We agree to act as such counting agents
Signature of candidate 1.
2.
3.
etc.
Place
Date
Signature (s) of Counting Agent I,
son of of
accept my above appointment.
Place
Dat<5
Signature of the Election Agent
Approved
Signature and seal of the Returning Officer.
20 THE GAZETTE OF INDIA EXTRAORDINARY [PART I!—SEC 3 ( I )]DECLARATION OF COUNTING AGENTS
(To be signed before the Returning Officer)
I/We heretjy declare that at the above election we will not do anything forbidden by section 151 of the Sikh Gurdwaras Act, 1925 which I/We have read/has been read over to us
1
2
3
etc
Date
Signature of Counting Agent(s) Signed before the
pate
Assistant Returning Officer/Returning Officer
FORM VIII-B
[See rule 50-B (4)]
Revocation of Appointment of Counting Agent
Election to the Sikh Gurdwara Board
To
The Returning Officer,
I,
son of
a candidate at the election of membership of the Board hereby revoke the appointment of my counting agent
Place
Date
Signature of Candidate
[F N 17O12/5/2OOl-IS(DI)]
V K GUPTA, Under Secy Foot Note ' The principal rules were published by the Government of Punjab, Home Department Notification No 1207 dated 16th July, 1959 and subsequently amended by Government of India, Ministry of Home Affairs by the following Notifications'—
No 63 (E) dated 3-2-1978 No 302 (E) dated 30-3-1995
No 282 (E) dated 26-7-1978 No 384 (E) dated 9-5-1995
No 382 (E) dated 26-7-1978 No 379 (E) dated 23-8-1996
No 476 (E) dated 28-9-1978