/1390The object of this Bill is to ensure the proper maintenance, preservation and administration of the Rajdhani Samadhi, the Shrine built in memory of the Father of Nation.The memory proposed in this Bill to ensure this end is the establishment with certain powers of a Committee consisting 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 maintained, controlled and administered. It shall make proper arrrangements 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 felt that without legislative enactment it will not be possible to enforce authority adequate for the purposes of maintenance and regulation of the Shrine. Ad hoe Committees depend too much upon personal factors and in a crisis the responsibility devolves upon the magistracy and the police. A statutory Committee is, therefore, being set up." - Gazette 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 Mahatania Gandhi, the Rajghat Samadhi Act, 1951 (41 of 1951) was passed by Parliament, and a Committee, consisting of three officials, three non-officials, two members of Parliament, and the President, New Delhi Municipal Committee as an ex-officio member, was constituted under this Act.Section 4(1)(d) of the Act provides that there shall be on the Committee two member, of Parliament to he nominated by the Speaker. It is desirable that the representatives of Parliament, instead of being nominated, should he elected by the two Houses. In order to conform to the existing convention of parliamentary representation on statutory committees is the ratio of 2:1 for the House of the People and the Council of States, the number of representatives of Parliament on the Committee is proposed to he 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 memibers of Parliament serving on the Conn mince. 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 members 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 member of the Committee shall he the Mayor of the Corporation instead of the President of the New D eilti Municipal Committee, as at present.It is proposed to amend section 4 of the Rajghat Samadhi Act, 1951 (41 of 1951) accordingly. - S.O.R. - Gazette of India., 11-8-l958, Pt. II, Section 2. Ext., p. 736.Amending Act 30 of 1988 :- The Rajghat Samadhi Committee consituted under the provisions of the Rajghat Samadhi Act, 1951, includes, among others, two members of Parliament from the Lok Sabha and one from the Rajva Sabha to be elected by each House from amongst its members. The Parliamentary Joint Committee 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 11)2(1)(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 to provides that the rules and bye-laws framed under the Rajghat Samadhi Act shall be published in the Official Gazette and laid before the Houses of Parliament in terms of the recommendations of the Committee on Subordinate Legislation of both Houses and Parliament.The Bill seeks to achieve the above objectives.Gazette of India 16-3-1988. Pt. II, Section 2. Ext., p. 3 (No. 10).[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:-
