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RAJGHAT SAMADHI ACT, 1951
41 of 1951
STATEMENT OF OBJECTS AND REASONS "The object of this Bill is to ensure the proper maintenance, preservation and administration of the.Rajghat Samadhi, the Shrine built in memory of the Father of the Nation. The means proposed in this Bill to ensure this end is the establishment with certain powers of a Committee consist- ing of seven members, of whom four members will be non-officials. The Chairman of the Committee will be nominated by the Central Government. The Committee shall do all things reasonable and necessary to ensure that the Rajghat Samadhi is properly main- tained, controlled and administered. It shall make proper arrangements for the watch and ward of the Samadhi; it shall organise and regulate periodical functions at the Samadhi, such as Sarvodaya Day. Friday prayers, Gandhi Jayanti; and it shall control access to the Samadhi. It is frit that without legislative enactment it will not the possible to enforce authority adequate for the purposes of maintenance and regulation of the Shrine. Ad hoc Committees depend too much upon nersonal factors and in a crisis the responsibility devolves upon the magistracy and the police. A statutory Committee is. therefore, being .set up."--Gazelle of India, 21-4-1951, Pt II. Section 2. page 286. Amending Act 37 of 1958.- With a view to ensuring proper maintenance, preservation and administration of the Rajghat Samadhi, built in the memory of Mahatma Gandhi. the Rajghat Samadhi Act, 1951 (41 of 1951) was passed by Parliament, and a Committee, consisting of three officials, three non -official, two members of parlament and the Presi- dent, New Delhi Municipal Committee as exofficio member, was constituted under this act. Section 4(l)(d) of the Act provides that there shall be on the Committee two members of Parliament to be nomi nated by the Speaker. It is desirable that the representives of Parliament instead of being nominated should he elected by the t^o Houses. In order to conform to the existing convention of parliamentary representation on statutory commiltees is the ratio of 2 : I for the House of the People and the Council of States, the number of representatives (ifParlianiciit on the Committee is proposed to be increased from two to three. As this would raise the strength of the Committee to an even number (ten.) it is proposed to increase the non-official representation also by one. The existing Act contains no provision for determining the tenure of members of Parliament serving on the Com- mittee. It is, therefore, proposed to specify that the members of Parliament, elected on this Committee, shall serve on the Committee only so long as they continue to be inembers of Parliament. Upon the establishment of the Corporation of Delhi, the Samadhi has been transferred from the jurisdiction of the New Delhi Municipal Committee to that of the Corporation. It is. therefore, proposed that the ex-officio inember of the Committee shall be the Mayor of the Corporation instead of the President of the New Delhi Municipal Committee, as at present. It is proposed to amend section 4 of the Rajghat Samadhi Ac:, 1951 (41 of 1951) accordingly.- S.O.R.- Gaz. of' Indi., 11 -8-1958, Pt II, S. 2. Exi. p 736. Amending Act 30 of 1988 :- The Rajghat Samadhi Committee consituted under the provisions of the Rajghal Samadhi Act, 1951, includes, among others, two members of Parliament from the I-ok Sabha and one from the Rajya Sabha to be elected by each House from amongst its members. The Parliamentary Joint Committe.- on Offices of Profit had observed that since the "Samadhi" and the Samadhi funds, the members of Parliament on the Committee were liable to be disqualified under Article 102(l)(a) of the Constitution. Accordingly, it is necessary to obviate such a situation and give production to the members of Parliament on the Committee from disqualification by making a suitable provision in the Act. Opportunity has also been taken lo provide that the rules and bye-laws framed under the Rajghat Samadhi Act shall be published in the Official Gazette and laid before tile Houses of Parliaineni in iciliis of Ilic ii.xuiii®iciiJalion.i '.;, Ilic Committee on Subordinate Legislation of both Houses and Parliament. The Bill seeks to achieve the above objectives. Gaz. of Ind. 16-3-1988, Pt. II-S. 2, Ext., p. 3 (No. 10).
An Act to provide for the administration and control of the Rajghat Samadhi in Delhi. BE it enacted by Parliament as follows:-
SECTION 01: SHORT TITLE AND COMMENCEMENT
-
(1) This Act may be called The Rajghat Samadhi Act, 1951.
(2) It shall come into force on such date2as the Central Government may, by notification in the Official Gazette, appoint.
SECTION 02: DEFINITIONS
- In this Act,-
(a) "Committee" means the Rajghat Samadhi Committee constituted under this Act;
(b) "Samadhi" means the structure built in token of reverence for Mahatama Gandhi at Rajghat on the Western bank of the Jamuna in Delhi, and includes the premises described in the Schedule with all buildings contained therein, together with all additions thereto or alterations thereof which may be made after the commencement3of this Act.
SECTION 03: THE RAJGHAT SAMADHI COMMITTEE
- (1) The administration and control of the Samadhi shall be vested in a Committee constituted in the manner hereinafter provided.
(2) The Committee shall by the name of "the Rajghat Samadhi Committee', be a body corporate and shall have perpetual succession and a common seal and shall by the said name sue and be sued through its Chairman.
SECTION 04: COMPOSITION OF THE COMMITTEE
- (1) The Committee shall consist of the following members. namely:-
4[(a) the Mayor of the Municipal Corporation of Delhi, ex officio];
(b) three officials nominated by the Central Government;
5[(C) four non-officials nominated by the Central Government;
(d) three members of Parliament of whom shall be elected from among themselves by members of the House of the People and one from among themselves by members of the Council of States].
(2) The Central Government may appoint any person referred to in sub-section ( I ) or any other person to be the Chairman ofthe Committee, and if any other person is so appointed, he shall be deemed to be a member of the Committee within the meaning of sub-section (1).
(3) All persons nominated by the Central Government to be members of the Committee shall hold office during the pleasure of the Central Government.
6[(4) The term of office of a member elected under clause (d) of sub-section ( I ) shall come to an end as soon as he ceases to be a member ofthe House from which he was elected.]7[(5) It is hereby declared that the office of member of the Committee shall not disqualify its holder for being chosen as, or for being a member of either House of Parliament.]
SECTION 05: POWERS AND DUTIES OF THE COMMITTEE
- Subject to such rules as maybe made under this Act. the powers and duties of the Committee shall be-
(a) to administer the affairs ofthe Samadhi and to keep the Samadhi in proper order and in a state of good repair;
(b) to organise and regulate periodical functions at the Samadhi;
(c) to do such other things as may be incidental or conclusive to the efficient administration of the affairs of the Samadhi.
SECTION 06: POWER OF CENTRAL GOVERNMENT TO MAKE RULES
- The Central Government may. by notifica- tion in the Official Gazette, make rules8to carry out the objects of this Act, and to regulate access to the Samadhi or to any portion threof.
SECTION 07: POWER OF COMMITTEE TO MAKE BYE BYE--LAWS
- (1) The Committee may9[by notification in the Official Gazette] make bye-laws consistent with this Act and the rules made thereunder for all or any of the following purposes, namely :-
(a) the manner in which meetings ofthe Committee shall be convened, the quorum for the transaction of any business thereat and the procedure at such meetings;
(b) the appointment of such persons as may be necessary to assist the Committee in the efficient performance of its duties and the terms and conditions of service of such employees:
(c) the duties and powers of the employees ofthe Committee;
(d) the submission of accounts, returns and reports to the Committee by any of its emptoyees.
(2) All bye-laws made under this section shall be subject to the condition of previous publication and shall not have effect until they are approved by the Central Government.
SECTION 07A: RULE AND BYE BYE--LAWS TO BE LAID BEFORE PARLIAMENT
- Every rule and evei-y bye'lQwnwde under this Act shall be laid, as soon as may beafter it is made, before each House of Parliament, white it is in session, for a total period of thirty days which may be comprised, in one session or in 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 rule or the bye law or both Houses agree that the rule or bye-law should pot be made, the rule or bye-law Shall have effect only in such modified form or be of no effect as the case may be; so, however, that any such modifica- tion or annulment shall be without prejudice to the validity of anything previously done under that rule or bye-law.]
SECTION 08: VALIDITY OF ACTS OF COMMITTEE NOT TO BE QUESTIONED BY REASON OF VACANCY ETC
- No act or proceeding of the Committee shall be deemed to be invalid merely by reason of apy yat,'Bnpyni,pr any defect in the constitution of, the Committee.
SCHEDULE 01: THE SCHEDULE
[Seesection 2(b)-] The Samadhi premises, admeasuring 44.35 acres, bounded on the north by a vacant piece of land belonging to the Delhi Improvement Trust on the south by Power House Road; ' on the east by the Power House; and on the west by Bela Road.
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