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39. Power to make rules.-

(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for or regulate all or any of the following matters, namely:-

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

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

(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 objections 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 Committee;

(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 a 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 Director Gurdwara Elections;

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

(t) 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 Central 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, after they are made, before each House of Parliament while it is in session for a total period of thirty days, which may be comprised in one session or in 1[two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid,] both Houses agree in making any modification in the rules or both Houses agree that the rules should not be made, the rules shall thereafter have effect only in such modified form or be of no effect, 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.

Delhi Sikh Gurdwaras Act, 1971 Back

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