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Union of India - Section

Section 8 in The Sikh Gurdwaras Board (Co-optation of Members) Rules, 1926

8.

[(1) The Chairman of the meeting shall then call upon the members present at the meeting to nominate candidates for co-optation. Any member present may propose the name of any person who is resident of Punjab or elsewhere in India and is not subject to any disability mentioned in section 46 of the Act; and if any other member present seconds such a proposal, the Chairman shall require the member proposing the nomination to produce a certificate signed by the person so nominated and attested by a Magistrate to the effect that he agrees to such nomination, and if such a certificate is produced, he shall enter the name of the person so nominated in a list of the nominated candidates, specifying against the name of each such candidate, whether he is resident of Punjab or any part of India other than Punjab, as the case may be:Provided that if any objection is raised to the nomination of any candidate, the Chairman may make a summary enquiry and shall not enter the name of the candidate in the list if he is not satisfied that the candidate is resident either of Punjab or any part of India other than Punjab and that he is not disqualified under section 46 of the Act.]
(2)The Chairman's decision on the question whether a candidate should or should not be included in the list of duly nominated candidates shall be final.[9. If the number of candidates nominated under the provisions of rule 8 is fifteen and not more than five of them are residents of Punjab, or, if in the case of vacancies occurring after the first co-optation the number of candidates is equal to the number of vacancies to be filled and the residents of Punjab among the candidates if added to the existing co-opted members from the Punjab do not exceed five, such candidate shall be declared by the Chairman to have been duly co-opted.] [Substituted by Punjab Government Notification No. 145-Gurdwaras, dated the 3rd February, 1960.][10. (1) If the number of candidates nominated exceeds fifteen, or, if in the case of vacancies occurring after the first co-optation exceeds the number of vacancies to be filled and includes such number of candidates resident of any part of India other than Punjab out of which the required number of candidates resident of such part can be co-opted to comply with the provisions of sub-rule (2) of Rule 12, the Chairman shall adjourn the meeting for a sufficient interval to enable suitable arrangements for voting to be made by the Commissioner, Gurdwara Elections.
(2)If the number of candidate nominated is less than fifteen, or, if the case of vacancies occurring after the first co-optation is less than the number of vacancies to be filled, or does not include such number of candidates resident of any part of India other than Punjab out of which the required number of candidates resident of such part can be co-opted to comply with the provisions of sub-rule (2) of rule 12, the Chairman shall point out this fact to the members and shall invite fresh nomination and if again the position remains the same, the co-optation of members shall be deferred to some other date to be notified later by the Government.] [Substituted by Punjab Government Notification No. 145-Gurdwaras, dated the 3rd February, 1960.][11. When the meeting reassembles, each member shall be provided with ballot-paper in the form annexed to these rules as Annexure I, containing the names of all the candidates duly nominated under rule 8. In the case of candidates who are resident of Punjab, the word `Punjab' shall be written against the name of each such candidate. Likewise the word `India' shall be written against the names of the candidates resident in parts of India other than Punjab.] [Substituted by Punjab Government Notification No. 145-Gurdwaras, dated the 3rd February, 1960.][12. (1) The election shall be conducted by the method of proportional representation by means of the single transferable vote as described in the schedule appended to these rules.
(2)The number of co-opted members from Punjab shall not exceed five and the number of co-opted members resident of any part of India other than Punjab shall not be less than ten.
(3)If at any time before the fifteen vacancies are filled up, five persons resident of Punjab have been co-opted, the remaining candidates resident of Punjab shall not receive any further votes by transfers from surpluses of elected candidates and after all surpluses have been transferred, such candidates shall forthwith be excluded from the poll and their votes shall be dealt with in the manner prescribed in regulation XIII of the schedule to these rules before any other candidate is excluded from the poll.
(4)If at any time before the fifteen vacancies are filled up, the number of elected and the continuing candidates, as defined in the scheduled to these rules, resident of any part of India other than Punjab, is reduced to ten, no continuing candidate resident of any part of India other than Punjab shall be excluded from the poll but all such continuing candidates shall be declared co-opted. Such candidates shall, however, duly receive any transferred votes to which they may be entitled as being the next available preference until they have obtained the value of votes equal to or greater than the `quota' mentioned in the schedule to these rules.] [Substituted by Punjab Government Notification No. 145-Gurdwaras, dated the 3rd February, 1960.]