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RAJGHAT SAMADHI ACT

Ministry of Law and Justice

Act nº 41 of 1951


  • Schedules
  • Amending Acts
  • Act nº 41 of 1951

Preamble

THE RAJGHAT SAMADHI ACT, 1951

[Act No. 41 of 1951] 1

[29th June, 1951]

PREAMBLE

An Act to provide for the administration and control of the Rajghat Samadhi in Delhi.

BE it enacted by Parliament as follows :--|a| For Statement of Objects and Reasons, 21-4-1951. Pt. 11, Section 2, page 286,

1. For Statement of Objects and Reasons, 21-4-1951, Pt. II Section 2, page 286.


Section 1. Short title and commencement

(1) This Act may be called The Rajghat Samadhi Act, 1951.

(2) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint.

1. The Act came into force on 7-6-1952.


Section 2. 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 commencement1of this Act.

1. That is, 7th June, 1952.


Section 3. 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 4. Composition of the Committee

(1)The Committee shall consist of the following members, namely :--

1[(a) the Mayor of the Municipal Corporation of Delhi, ex officio];

(b) three officials nominated by the Central Government;

2[(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 . Stales).

(2) The Central Government may appoint any person referred to in sub-section (I) or any other person to be the Chairman of the 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.

3[(4) The term of office of a member elected under clause (d) of sub-section (1) shall come to an end as soon as he ceases to be a member of the House from which he was elected.]

4(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.]

1. Substituted for clause. (a) by the Rajghat Samudhi (Amendment) Act. 1958 (37 of 1958). Section. 2 w.e.f. 9-3-1959.

2. Substituted for clauses (c) and (d), by the Rajghat Samudhi (Amendment) Act. 1958 (37 of 1958). Section. 2 w.e.f. 9-3-1959.

3. Inserted, by the Rajghat Samudhi (Amendment) Act. 1958 (37 of 1958). Section. 2 (w.e.f. 9-3-1959).

4. Inserted, by the Rajghat Samudhi (Amendment) Act. 1958 (37 of 1958). Section. 2 w.e.f. 9-3-1959. (30 of 1988) Section. 2 w.e.f. 18-5-1988.


Section 5. Powers and duties of the Committee

Subject to such rules as may, be made under this Act, the powers and duties of the Committee shall be--

(a) to administer the affairs of the 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 6. Power of Central Government to make rules

The Central Government may, by notification in the Official Gazette, make rules" to carry out the objects of this Act, and to regulate access to the Samadhi or to any portion threof.

Section 7. Power of Committee to make bye-laws

(1) The Committee may1[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 of the 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 of the Committee;

(d) the submission of accounts, returns and reports to the Committee by any of its employees.

(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:

1. Inserted by Rajghat Samadhi (Amendment) Act (30 of 1988), Section. 3 w.e.f 18-5-88.


Section 7A. Rule and bye-laws to be laid before Parliament

1[7A. Rule and bye-laws to be laid before Parliament

Every rule and every bye-law made under this Act shall be laid, as soon us may be after it is 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 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 not 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 modification or annulment shall be without prejudice to the validity of anything previously done under that rule or bye-law.]

1.Inserted by Rajghat Samadhi (Amendment) Act (30 of 1988), Section. 4 w.e.f. 18-5-88.


Section 8. 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 any vacancy in, or any defect in the constitution of, the Committee.

Schedules

The Schedule

THE SCHEDULE

[See section 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; and

on the east by the Power House; and

on the west by Bela Road.

Amending Acts

Rajghat Samadhi (Amendment) Act, 1958

THE RAJGHAT SAMADHI (AMENDMENT) ACT, 1958

[Act, No. 37 of 1958]

[6th October, 1958]

PREAMBLE

An Act to amend the Rajghat Samadhi Act, 1951.

BE it enacted by Parliament in the Ninth Year of the Republic of India as follows:-

1.Short title and commencement.-

(1) This Act may be called the Rajghat Samadhi (Amendment) Act, 1958.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette appoint.

2.Amendment of section 4.-

In section 4 of the Rajghat Samadhi Act, 1951 (41 of 1951) (hereinafter referred to as the principal Act),-

(a) in sub-section (1),-

(i) for clause (a), the following clause shall be substituted, namely:-

"(a) the Mayor of the Municipal Corporation of Delhi, ex-officio;";

(ii) for clauses (c) and (d), the following clauses shall be substituted, namely:-

"(c) four non-officials nominated by the Central Government;

(d) three members of Parliament of whom two 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 State.:;

(b) after sub-section (3), the following sub-section shall be inserted, namely:-

"(4) The term of office of a member elected under clause (d) of sub-section (1) shall come to an end as soon as he ceases to be a member of the House from which he was elected.".

3.Members of Parliament nominated to the committee by the Speaker to cease to hold office.-

Any member of Parliament nominated by the Speaker under clause (d) of sub-section (1) of section 4 of the principal Act and holding office as a member of the Rajghat Samadhi Committee immediately before the commencement of this Act shall cease to hold the said office on such commencement.

Rajghat Samadhi (Amendment) Act, 1988

THE RAJGHAT SAMADHI (AMENDMENT) ACT, 1988

[Act No. 30 of 1988]

[18th May, 1988]

PREAMBLE

An Act further to amend the Rajghat Samadhi Act, 1951.

BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows--

1.Short title.-

This Act may be called the Rajghat Samadhi (Amendment) Act, 1988.

2.Amendment of section 4.-

In section 4 of the Rajghat Samadhi Act, 1951 (41 of 1951) (hereinafter referred to as the principal Act), after sub-section (4), the following sub-section shall be inserted, namely :--

"(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.".

3.Amendment of section 7.-

In section 7 of the principal Act, in sub-section (1), after the words "The Committee may", the words", by notification in the Official Gazette," shall be inserted.

4.Insertion of new section 7A.-

After section 7 of the principal Act, the following section shall be inserted, namely :--

"7A. Rules and bye-laws to be laid before Parliament.- Every rule and every bye-law made under this Act shall be laid, as soon as may be after it is 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 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 not be made, the rule or bye-law 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 that rule or bye-law.".