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JALLIANWALA BAGH NATIONAL MEMORIAL ACT 1951

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JALLIANWALA BAGH NATIONAL MEMORIAL ACT 1951

THE JALLIANWALA BAGH NATIONAL MEMORIAL ACT, 1951

ACT NO. 25 OF 1951

[1st May, 1951.]

An Act to provide for the erection and management of a National Memorial to perpetuate the memory of those killed or wounded on the 13th day of April, 1919, in Jallianwala Bagh. BE it enacted by Parliament as follows:-

Short title. 1.Short title. This Act may be called the Jallianwala Bagh National Memorial Act, 1951.

Definitions. 2.Definitions. In this Act, unless the context otherwise requires,- (a) "Memorial" means the Jallianwala Bagh National Memorial to perpetuate the memory of those killed or wounded on the 13th day of April, 1919, on the site known as the Jallianwala Bagh, Amritsar; (b) " Trust " means the Trust for the erection and management of the Memorial; (c) " Trustees " means the Trustees of the Jallianwala Bagh National Memorial.

Objects of the Trust. 3.Objects of the Trust. The objects of the Trust shall be- (a) to erect and maintain suitable buildings, structures and parks at or near the site of the Jallianwala Bagh in the city of Amritsar, to perpetuate the memory of those who were killed or wounded on the 13th day of April, 1919, on the said site ; (b) to acquire lands, buildings and other properties for the purposes of the Trust; and (c) to raise and receive funds for the purposes of the Memorial.

Trustees of the Jallianwala Bagh National Memorial.

4.(1)Trustees of the Jallianwala Bagh National Memorial. The Trustees of the Jallianwala Bagh National Memorial shall be the following, namely:- (a) Shri Jawaharlal Nehru, (b) Dr. Saifuddin Kitchlew, ------------------------------------------------------------ 22 (c) Maulana Abul Kalam Azad, (d) the President of the Indian National Congress, (e) the Governor of the State of Punjab, (f) the Chief Minister of the State of Punjab, and (g) three persons nominated by the Central Government.

(2) The Trustees shall be a body corporate with perpetual succession by the name of the "Trustees of the Jallianwala Bagh National Memorial" and a common seal, and in that name shall sue and be sued, and shall have power to acquire and hold property, to enter into contracts and to do all acts necessary for and consistent with, the purposes of this Act.

Term of office of Trustees.

5. Term of office of Trustees. (1) The three Trustees

mentioned in clauses (a), (b) and (c) of sub-section (1) of section 4 shall be Trustees for life.

(2) Every Trustee nominated under clause (g) of the said sub-section shall be a Trustee for a period of five years, and shall be eligible for renomination.

Property vested in Trustees. 6. Property vested in Trustees. All the property and funds set out in the Schedule to this Act and all other property, whether movable or immovable, which may hereafter be given, bequeathed or otherwise transferred for this purposes of the Memorial or acquired for the said purposes shall vest in the Trustees.

Power of Trustees to appoint committee of management.

7. Power of Trustees to appoint committee of management. (1) For the purposes of managing the affairs of the Trust, the Trustees may, by resolution passed at a meeting, appoint a committee of management, and entrust to it such powers, duties and functions, under such directions and limitations, as may be defined by such resolution.

(2) The Trustees may appoint any persons as members of the committee of management, whether such persons are Trustees or not, and may, from time to time, vary or rescind any resolution passed by it under this section.

Validity of acts of Trustees not to be questioned by reason ofvacancy, etc. 8. Validity of acts of Trustees not to be questioned by reason of vacancy, etc. No act of the Trustees shall be deemed to be invalid merely by reason of any vacancy in, or any defect in the constitution of, the body of Trustees.

Power to make rules.

9. Power to make rules. (1) The Central Government may, by notification in the Official Gazette, make rules 1 to carry out the objects of this Act. --------------------------------------------------------------------- 1 For the Jallianwala Bagh National Memorial Rules, 1952, see Gazette of India, 1952, Pt. II, Sec. 3, p. 1484. ---------------------------------------------------------------------- 23

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for- (a) the manner in which funds belonging to the Memorial shall be kept, deposited or invested; (b) the mode of authentication of orders for payment of money by the Trustees; (c) the form in which accounts shall be kept by the Trustees and the audit and publication of such accounts; (d) the laying out, erection, improvement, maintenance and management of the Memorial and the care and custody of the properties thereof; (e) the conditions under which the public shall have access to the Memorial or particular parts thereof and the regula- tion of the conduct of persons entering the precincts of the Memorial ; (f) the preservation of, and the prevention of injury to or interference with, any property vested in the Trustees and the prevention of persons from trespassing into any parti- cular part of the Memorial.

(3) A rule made under this section may provide that a breach of

any rule made under clauses (e) and (f) of sub-section (2) shall be punishable with fine which may extend to one hundred rupees.

Power of Trustees to make regulations. 10.Power of Trustees to make regulations. The Trustees may make regulations consistent with this Act for all or any of the following purposes, namely: - (a) the manner in which meetings of the Trustees shall be convened, the quorum for the transaction of any business thereat and the procedure at such meetings; (b) the manner in which a majority decision of the Trustees shall be obtained by circulation to the Trustees of the matter requiring decision; (c) the term of office of members of the committee of management, their powers and duties, and the circumstances in which and the conditions subject to which such powers and duties may be exercised ; (d) the appointment of such officers and servants as may be necessary for the purposes of the Trust, and their terms and conditions of service. 24 SCHE

[Properties vested in Trustees at commencement of Act]

THE SCHEDULE (See section 6)

[Properties vested in Trustees at commencement of Act]

PART IMMOVABLE PROPERTIES PART I IMMOVABLE PROPERTIES 1. The piece of land known as the Jallianwala Bagh, Amritsar, measuring 49 kanals 17 marlas, that is to say, 6 37/160 acres or there abouts. 2. Two pieces of land, one measuring 49 1/2 by 31 feet or thereabouts, and the other 35 by 9 1/4 yards on the east and by 8 yards on the west or thereabouts, and conveyed to the then Trustees of the Memorial by a deed of sale, registered on the 20th September, 1920 as No. 5960, Bahi No. 1, Volume No. 1572, pages 19 to 46 of the office of the Registrar, Amritsar. 3. All the buildings and other structures standing on the lands referred to in items 1 and 2 above. PART MOVABLE PROPERTIES PART II MOVABLE PROPERTIES -------------------------------------------------------------------- Item Description of investments Amount NO. -------------------------------------------------------------------- Rs. A. P. 1. Government of Madras, 3 loan, 1952, No. D. H. 000034. 25,000 0 0 2. Government of Madras, 3 loan, 1952, No. D.H. 000035. 25,000 0 0 3. Fixed Deposit in the Central Bank of India, Ltd., Amritsar 1,10,000 0 0 4. Interest accrued on Item 3 up to 14th November 1950. 2,750 0 0 5. In current account in the Central Bank of India, Ltd.,Amritsar 6,586 1 1 6. Government of Uttar Pradesh loan, 1960, purchased through the Punjab National 49,675 1 4 Bank, Amritsar. 7. Amount placed in sundries in the Punjab National Bank, Amritsar 4,700 12 8 8. Fixed Deposit in the Bank of Nagpur, Ltd., Wardah, under 1,13,270 5 6 receipt No. 00518. 9. Interest on Item 8 above 3,681 4 0 10. Fixed Deposit in the Bank of Nagpur, Ltd., Wardah, underrecipt No. 00519. 40,336 13 0 11. Interest on Item 10 above 1,310 14 0 12.In current account with Messrs. Bachharaj and Co., Ltd., Bombay. 9,573 6 0 13.Cash in hand on 24th November 1950 1,872 9 9 14. Moneys due from Government by way of refund of Amount not excess income-tax. known. ---------------------------------------------------------------------


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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