The Jallianwala Bagh National Memorial (Amendment) Bill, 2019 |The LexSphere Library

SECTION Section 1

Untitled Section

•1

•THE JALLIANWALA BAGH NATIONAL MEMORIAL

•(AMENDMENT) BILL, 2019

•A

•BILL

•further to amend the Jallianwala Bagh National Memorial Act, 1951.

•BE it enacted by Parliament in the Seventieth Year of Republic of India as follows:—

SECTION Section 10

Untitled Section

5.The Bill seeks to achieve the above objects.

•N

•EW DELHI:

•The 3rd July, 2019 PRAHLAD SINGH PATEL

•3

•ANNEXURE

•EXTRACTS FROM THE JALLIANWALA BAGH NATIONAL MEMORIAL ACT, 1951

•(25 OF 1951)

•* * * * *

SECTION Section 11

Untitled Section

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

•namely:—

•* * * * *

(b)the President of the Indian National Congress,

•* * * * *

(d)the Leader of Opposition in the Lok Sabha,

•* * * * *

SECTION Section 12

Untitled Section

5.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.

•* * * * *

•Trustees of the

•Jallianwala

•Bagh National

Memorial.

•Term of office

•of nominated

Trustees.

•LOK SABHA

•————

•A

•BILL

•further to amend the Jallianwala Bagh National Memorial Act, 1951.

•————

•(Shri Prahlad Singh Patel, Minister of State for Culture and Tourism)

•MGIPMRND—1228LS(S3)—04-07-2019.

•LOK SABHA

•------

•CORRIGENDA

•to

•THE JALLIANWALA BAGH NATIONAL MEMORIAL (AMENDMENT) BILL, 2019

•[To be/As introduced in Lok Sabha]

SECTION Section 13

Untitled Section

1.Page 1, line 1,-

•for "of Republic"

•read "of the Republic"

SECTION Section 14

Untitled Section

2.Page 2, line 3,-

•for "National Memoraial to prepetuate the"

•read " National Memorial to perpetuate the"

SECTION Section 15

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3.Page 3, line 16,-

•for "nominated Trustees"

•read "nominated Trustee"

SECTION Section 16

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4.Page 3, line 17,-

•for "and a Trustees"

•read "and a Trustee"

•NEW DELHI;

•July 5, 2019

•Ashadha 14, 1941 (Saka)

SECTION Section 2

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1.This Act may be called the Jallianwala Bagh National Memorial (Amendment)

•Act, 2019.

SECTION Section 3

Untitled Section

2.In the Jallianwala Bagh National Memorial Act, 1951 (hereinafter referred to as

•the principal Act), in section 4, in sub-section ( 1),—

(i)clause (b) shall be omitted;

•(ii) for clause (d), the following clause shall be substituted, namely:—

•"(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;".

SECTION Section 4

Untitled Section

3.In section 5 of the principal Act, the following proviso shall be inserted, namely:—

•"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.".

•Short title and

commencement.

•Amendment of

SECTION Section 5

Untitled Section

•section 4.

•25 of 1951.

•Amendment of

SECTION Section 6

Untitled Section

•section 5.

•AS INTRODUCED IN LOK SABHA

•Bill No. 146 of 2019

•10

•5

•2

•STATEMENT OF OBJECTS AND REASONS

•The Jallianwala Bagh National Memorial Act, 1951 was enacted to provide for the

•erection and management of a National Memoraial to prepetuate the memory of those killed

•or wounded on the 13th day of April, 1919, in Jallianwala Bagh, Amritsar. The Act provides

•for a Trust for the erection and management of the Memorial and also provided for

•composition of the Trust with certain Trustees for life.

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2.Over a period of time, with the passing away of Trustees appointed for life, the

•situation changed significantly and the Government did not have proper representation on

•the Trust. Therefore with a view to fill up vacancies caused on account of passing away of

•the Trustees for life, the Act was amended in the year of 2006, inter alia, to change the

•composition of the Trust, to provide for fixed term of five years for nominated Trustee and

•for account and audit of the Trust, etc.

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3.At present, in the composition of the Trust, certain inconsistencies have been

noticed.There is a provision to make a party specific Trustee and for the Leader of Opposition

•in the Lok Sabha as one of Trustees. The term of nominated Trustees is five years and there

•is no provision in the Act to terminate a nominated Trustees before the expiry of his term. In

•view of the absence of designated Leader of Opposition in the Lok Sabha and a Trustees

•being a party specific, it has been felt necessary to amend the said Act to make it a political

•and also to provide for termination of nominated Trustees before the expiry of their term.

SECTION Section 9

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4.In view of the above, the Jallianwala Bagh National Memorial (Amendment) Bill,

•2019, provides for the following, namely:—

(i)to delete "the President of the Indian National Congress" as a Trustee;

•(ii) To make "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" a Trustee, in place of "the Leader of opposition

•in the Lok Sabha"; and

•(iii) to confer power upon the Central Government to terminate the term of a

•nominated trustee before the expiry of the period of his term.