No: 25 Dated: May, 01 1951

THE JALLIANWALA BAGH NATIONAL MEMORIAL ACT, 1951

ACT NO. 25 OF 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:—

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

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.

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.

4. Trustee of the Jallianwala Bagh National Memorial. - (1) The Trustees of the Jallianwala Bagh National Memorial shall be the following, namely:-

(a) the Prime Minister - Chairperson,

(c) the Minister in-charge of Culture,

(d) the Leader of Opposition recognised as such in the House of the People or where there is no such Leader of Opposition, then the Leader of the single largest Opposition Party in that House;

(e) the Governor of the State of Punjab,

(f) the Chief Minister of the State of Punjab, and

(g) three eminent persons to be 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.

5. Term of office of nominated Trustees. - The Trustees nominated under clause (g) of sub-section (1) of section 4 shall be Trustees for a period of five years, and shall be eligible for renomination.

Provided that the term of office of a Trustee nominated under clause (g) of sub-section (1) of section 4 may be terminated before the expiry of the period of five years by the Central Government.

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.

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.

7A. Power to approve audited accounts. - The Trust shall meet at least once in a year to approve the audited accounts of the Trust and shall transact such other business as may be considered necessary.

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.

8A. Accounts and audit. - (1) The accounts of the Trust shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Trust to the Comptroller and Auditor-General.

(2) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Trust under this Act shall, have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the office of the Trust.

(3) The accounts of the Trust as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Central Government by the Trust and the Central Government shall cause the audit report to be laid, as soon as may be, after it is received, before each House of Parliament.

Full Document