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/2002

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THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II^SBC. 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,—

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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B in respect of such withdrawal and no person who has thus withdrawn his candidature shall be allowed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.

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[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

I

a (candidate validly nominated the above election) do hereby

give notice that I withdraw my candidature.

Place:

Date

Signature of (validly nominated candidate).

This notice was delivered to me at my office at

(hour) on

(date) by

(name) the

:

Date

Returning Officer.

17

Receipt of Notice of Withdrawal

(To be handed over to the person delivering the notice)

The notice of withdrawal of candidature by

a (validly nominated can-

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.

Dated

Returning Officer.

FORMIV-C

[See rule 25-A(l)]

Appointment of Election Agent

To

The Returning Officer,

I,

son of

a candidate at the

election of the membership of the Board do hereby appoint

son

of

of

as my election agent from this

day at the above election,

Plac<5

Date

Signature of the Candidate.

/•Wtfr/oz -

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[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)

as a Polling Agent to attend Polling Station

No.

at

:

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 candidate

19

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.

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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

Printed by the Manager, Qovt of India Press, Ring Road, Mayapun, Now Delhi-110064

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