Judicial Commission empowered under amended Haryana Sikh Gurdwaras Act for transparent governance and dispute resolution
Punjab Newsline, Chandigarh-
The Haryana Cabinet, which met under the chairmanship of CM Nayab Singh Saini here today, has approved a proposal to further amendment the Haryana Sikh Gurdwaras (Management) Act, 2014 with a view to strengthening the legal framework governing the management of Sikh Gurdwaras in the state. These amendments aim to enhance transparency, ensure judicial oversight, and provide a clear structure for the declaration and administration of Gurdwara properties.
One of the key changes is the omission of Section 17(2)(c) of the Act, which previously empowered the Gurdwara Committee to remove its own members. This authority will now vest with the Judicial Commission under Section 46. In addition, Sections 44 and 45 have been substituted to grant exclusive jurisdiction to a newly constituted Judicial Commission to resolve disputes related to voter eligibility, disqualifications, service matters of Gurdwara employees and the selection or appointment issues concerning the Gurdwara Committees. Appeals against the orders of the Commission can be filed before the Punjab and Haryana High Court within 90 days, with the provisions of the Limitation Act applicable.
Further strengthening its role, Section 46 has been revised to empower the Commission to adjudicate disputes concerning Gurdwara property, funds, and internal conflicts. The Commission will have the authority to remove or suspend committee members on grounds of misconduct, and may take suomoto cognizance in cases involving misuse or potential damage to Gurdwara property or funds. It will also be able to issue temporary injunctions to safeguard such assets.
To support its expanded role, new sections from 46A to 46N have been added. These provide the Judicial Commission with powers equivalent to those of a civil court under Section 46B, bar the jurisdiction of civil courts in such matters under Section 46C, and extend protection to Commission members for acts performed in good faith under Section 46D. Orders passed by the Commission will be enforceable as civil court decrees under Section 46G, and its members will be treated as public servants under Section 46F.
In addition, the amendment introduces a comprehensive legal process for the declaration and management of Gurdwaras under newly added Sections 55 to 55N. Gurdwaras will be classified into three types—Historical (Schedule I), Notified (Schedule II), with annual income of Rs 20 lakh or more and Local (Schedule III). A petition to declare a Gurdwara as a Sikh Gurdwara may be filed by at least 100 adult Sikh worshippers. Objections to such petitions may be submitted by any interested person, including hereditary office holders, and the final decision will rest with the Judicial Commission after assessing religious and historical significance.
The law also clarifies the ownership and control of Gurdwara properties. Presumptions of ownership will be based on historical land records, income utilization, or maintenance history. The Commission is empowered to order possession, direct changes in revenue records, consolidate multiple disputes, and award costs as necessary. Furthermore, the jurisdiction of civil and revenue courts in these matters will be explicitly barred, and any ongoing cases will be transferred to the Judicial Commission. Final decisions of the Judicial Commission will be appealable before a Division Bench of the High Court within 90 days.
Through these amendments, the State Government seeks to establish a transparent, efficient, and legally robust framework for the administration of Sikh Gurdwaras in Haryana.