Section 41 of The Delhi Sikh Gurdwaras Act, 1971
- (1)As from the date of the establishment of the Committee, the Delhi Sikh Gurdwaras (Management) Act, 1971 (24 of 1971), shall stand repealed.
- (2)Notwithstanding such repeal,—
- (a)any appointment, notification, order or rule made or issued under the said Act shall, in so far as it is not inconsistent with the provisions of this Act, continue in force and be deemed to have been made or issued under the provisions of this Act unless and until it is superseded by any appointment, notification, order or rule made or issued under the said provisions;
- (b)all budget estimates made, all obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Delhi Sikh Gurdwara Board shall be deemed to have been made, incurred, entered into or engaged to be done by, with or for the Committee under the provisions of this Act;
- (c)all Gurdwara property, movable and immovable and all interests of whatsoever nature and kind therein vested in, belonging or due to, the Delhi Sikh Gurdwara Board, immediately before such establishment, shall, with all rights, powers and privileges of whatsoever description, used, enjoyed or possessed by the Board, vest in the Committee;
- (d)all sums of money including rents due to the Board immediately before such establishment shall be deemed to be due to the Committee;
- (e)all suits and other legal proceedings instituted or which might have been instituted by or against the Delhi Sikh Gurdwara Board may be continued or instituted by or against the Committee;
- (f)any will deed or other instrument which contains any bequest, gifts or trusts in favour of the Board shall as from such establishment, be construed as if the Committee were therein named instead of the said Board.
Summary
- This section officially cancels the older law, the Delhi Sikh Gurdwaras (Management) Act of 1971, starting from the day the new Committee is established.
- Even though the old law is cancelled, any rules, orders, or appointments made under it stay in effect until the new Committee replaces them.
- All properties, money, debts, and contracts that belonged to the old Gurdwara Board automatically transfer to the new Committee.
- Any ongoing lawsuits involving the old Board will simply continue with the new Committee stepping in to take their place.
- If anyone left property or money to the old Board in a will or trust, the law pretends the new Committee's name was written there instead.
Practical examples
FAQ
1. Did this new Act completely erase everything the old Gurdwara Board did?
No, this section specifically saves the old board's contracts, liabilities, and rules so the transition to the new Committee is smooth and legal obligations are met.
2. What happens to the old Board's money in the bank?
All sums of money due to the old Board immediately transfer over and become due to the new Committee.
3. Do the employees hired under the old Act instantly lose their jobs?
No, any appointments made under the old Act continue in force until they are specifically replaced or superseded under the new Act.
Test yourself
Q1.Under Section 41 of The Delhi Sikh Gurdwaras Act, 1971, what happens to the older Delhi Sikh Gurdwaras (Management) Act, 1971?
Q2.Under Section 41 of The Delhi Sikh Gurdwaras Act, 1971, what is the status of a legal suit that was already started against the old Delhi Sikh Gurdwara Board before the new Committee was established?
Q3.Under Section 41 of The Delhi Sikh Gurdwaras Act, 1971, if an old notification or rule from the repealed Act is inconsistent with the provisions of the new Act, what happens to it?
Q4.Under Section 41 of The Delhi Sikh Gurdwaras Act, 1971, how are wills or trusts that specifically name the old "Board" handled after the new Committee is established?