[Act No. XLI OF 1951]
[29th June, 1951]
An Act to provide for the administration and control of the Rajghat Samadhi in Delhi.
BE it enacted by Parliament as follows:-
1. Short title and commencement.
(1) This Act maybe called the Rajghat Samadhi Act, 1951.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
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 Mahatma 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 commencement of this Act.
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 used through its Chairman.
4. Composition of the Committee.-
(1) The Chairman shall consist of the following members, namely:–
(a) The president of the municipal committee within the local limits of whose jurisdiction the Samadhi is situated, ex-officio;
(b) Three officials nominated by the Central Government;
(c) Three non-officials nominated by the Central Government;
(d) Two members of Parliament nominated by the Speaker.
(2) The Central Government may appoint any person referred to in sub-section (1) 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.
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 conducive to the efficient administration of the affairs of the Samadhi.
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 thereof.
7. Power of Committee to make bye-laws.
(1) The Committee may 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.
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.
9. 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 Road;
On the east by the Power House; and
On the west by Bela Road.