PARLIAMENT OF INDIA

RAJYA SABHA

 

 

DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ON TRANSPORT, TOURISM & CULTURE

 

SEVENTY-FIRST REPORT

 

ON

THE JALLIANWALA BAGH NATIONAL MEMORIAL (AMENDMENT) BILL, 2003

 

 

Presented to Hon'ble Chairman, Rajya Sabha on 11th November, 2003

 

(LAID ON THE TABLE OF THE RAJYA SABHA ON  03.12 .2003)

(LAID ON THE TABLE OF THE LOK SABHA ON  03.12.2003)

 

 

RAJYA SABHA SECRETARIAT

NEW DELHI

OCTOBER, 2003/ASVINA, 1925 (SAKA)



C O N T E N T S

COMPOSITION OF THE COMMITTEE                                                      

INTRODUCTION                                                                             

REPORT OF THE COMMITTEE                                                        

NOTES OF DISSENT                                                                         

OBSERVATIONS/CONCLUSIONS/RECOMMENDATIONS AT A GLANCE 

ANNEXURES                                                                        

MINUTES                                                                          



COMPOSITION OF THE DEPARTMENT-RELATED PARLIAMENTARY

STANDING COMMITTEE ON TRANSPORT, TOURISM AND CULTURE

(2003)

1.         ^^Shri Nilotpal Basu - Chairman

 

   RAJYA SABHA

 

Shri Ghulam Nabi Azad

Prof. Ram Deo Bhandary

Shri Suresh Bhardwaj

Shri S.S. Chandran 

Shri K. Rahman Khan

Shri Kalraj Mishra

Shri K.B. Krishna Murthy

Shri Satish Pradhan

#Dr. Alladi P. Rajkumar 

Shri K. Kalavenkata Rao

@Shri Vayalar Ravi

Shrimati Maya Singh 

Shri S. Viduthalai Virumbi

**Vacant

 

   LOK SABHA

 

Shri Raj Babbar

Shri G.M.  Banatwalla 

Shri Anil Basu

Shrimati Reena Choudhary

Shri T.T.V. Dhinakaran 

Shri P.S. Gadhavi  

Shri V. Dhananjaya Kumar

Shri Vijay Kumar Khandelwal

Dr. Ramkrishna Kusmaria

Shri S.P. Lepcha

Shri Shivaji Mane

Shri K.H. Muniyappa 

Shri Vilas Muttemwar

Shri Ajit Kumar Panja

Dr. Prasanna Kumar Patasani 

*Shri Chandresh Patel

Shri Sunder Lal Patwa

Shri Braj Mohan Ram

Shri Gunipati Ramaiah

Shri Bishnu Pada Ray

_______________________________________________________________________

* Nominated w.e.f. 7.4.2003

#Nominated w.e.f. 10.5.2003 vice Shri Ravula Chandra Sekar Reddy.

@Nominated w.e.f. 30.6.2003.            ^^ Nominated w.e.f. 17.8.2003 vice Shri Dipankar Mukherjee.

**Vacancy caused due to the retirement of Chaudhary Harmohan Singh Yadav on expiry of his term of office in the House.

(i)


Shri Vijay Sankeshwar

Capt. Satish Sharma

Shri Th. Chaoba Singh

Shri Vinay Kumar Sorake

Shri Kalava Srinivasulu

Shri Kodikunnil Suresh

Shri Sunder Lal Tiwari

Shri Ram Naresh Tripathee

Shri D. Venugopal

Shri S.D.N.R.Wadiyar

 

SECRETARIAT

Shri Satish Kumar, Additional Secretary

Shrimati Agnes Momin George, Deputy Secretary

Shri Jagdish Kumar, Under Secretary   

Shrimati Subhashree Panigrahi, Committee Officer


INTRODUCTION

 

I, the Chairman of the Department-related Parliamentary Standing Committee on Transport, Tourism and Culture, having been authorised by the Committee to present on its behalf, do hereby present this Seventy-first Report of the Committee on the Jallianwala Bagh National Memorial (Amendment) Bill, 2003*.

 

2.         The Bill was introduced in the Lok Sabha on the 24th April 2003.  In pursuance of rules relating to the Department-related Parliamentary Standing Committees, the Hon’ble Chairman, Rajya Sabha, in consultation with the Hon’ble Speaker, Lok Sabha, referred** the Bill to the Committee on 8th May, 2003 for examination and report.

 

3.         The Committee took oral evidence of the Secretary and other officers of the Department of Culture in its meeting held on the 5th August 2003.

 

3.1       During the evidence of the Secretary, Department of Culture, the Members sought several clarifications on the provisions of the Bill pertaining to the appointment/nomination of the Trustees and several other important issues. 

 

4.         The Committee took up clause-by-clause consideration of the Bill during its meeting held on the 4th September 2003.  The Committee considered the draft Report on the subject in its meeting held on the 16th October 2003 and adopted the same with Notes of dissent from some Members.

 

4.1       The Committee also decided that the Notes of dissent received from Shri Ghulam Nabi Azad, Shri Vayalar Ravi, Shri K. Rahman Khan jointly and from Shri G.M. Banatwalla and Shri Vilas Muttemwar separately, may be appended to the report. 

 

5.         The Committee wishes to express its thanks to the Secretary and officers of the Department of Culture for their assistance provided during deliberations on the provisions of the Bill.

 

 

NEW DELHI

October 16, 2003

Asvina 24, 1925 (Saka)            

 NILOTPAL BASU

 Chairman,

Department-related Parliamentary Standing

Committee on Transport, Tourism & Culture

_______________________________________________________________

*     Published in the Gazette of India Extraordinary Part II, Section-2, dated 24.04.2003.

**   Rajya Sabha Parliamentary Bulletin Part II, No.40672 dated 08.05.2003.


REPORT

The Jallianwala Bagh massacre, which took place on the 13th day of April 1919, was the defining moment in the country’s struggle for independence.  It symbolised the national resolve to protest against the ruthless cruelty of the colonial power.  It has got immense historical importance and strong sentiment of millions of people of this country is attached with this place.  In order to provide for 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, Amritsar, the Jallianwala Bagh National Memorial Act, (Annexure-I) was passed by the Parliament in 1951. A Trust was constituted under this Act to look after the functions, maintenance and development of the Memorial.  With the passage of time three life trustees passed away and these seats remained vacant since new members were not appointed.  Amendment in the abovesaid Act was necessary to fill up the vacancies.  For that purpose, the Jallianwala Bagh National Memorial (Amendment) Bill, 2003 (Annexure-II) has been brought forward.  At the same time, it also seeks through this
legislation to form the Committee of Management to look after the Trust’s affairs on a day-to-day basis.

2.       The Statement of Objects and Reasons of the Jallianwala Bagh National Memorial (Amendment) Bill, 2003 inter-alia states the following points:

2.1     The object of the Jallianwala Bagh National Memorial Act, 1951 was to place the then existing Trust on a permanent basis, to establish a body corporate to be known as the Trustees of the Jallianwala Bagh National Memorial, to transfer to that body all the property and funds to confer upon that body all necessary powers for carrying out the objects of the Trust.

2.2     It further states that the Trust has also got responsibility for erection and maintenance of buildings, structures and parks at or near the site of the Jallianwala Bagh in the city of Amritsar.  It has to be done by acquiring lands, buildings and other properties for the purposes of the Trust and raising and receiving funds for the purposes of the National Memorial.

2.3     Over a period of time, the Trustees for life passed away and the Government does not have proper representation on the Trust.  Further, The Government cannot appoint Trustees for life without making necessary amendments in the said Act.  Therefore, with a view to filling up the vacancies caused on account of passing away of the life Trustees, it has become necessary to amend the said Act through the Jallianwala Bagh National Memorial (Amendment) Bill, 2003.

2.4     Jallianwala Bagh is a National Memorial revered by all the Indians.  The new composition proposed in the Bill would make the Trust much more representative in its character.  The Trust will receive the rightful recognition and importance if it is headed by the Prime Minister as proposed.

3.       In  paragraph (3) of the Statement of Objects and Reasons, the Ministry has submitted that this legislation has been brought forward in view to filling up the vacancies caused on account of passing away of the life trustees.  The Committee is of the view that the composition of the Jallianwala Bagh National Memorial Trust as prescribed in the parent Act was in order and the inclusion of the President of the Indian National Congress was in keeping with the contribution of the Indian National Congress in the freedom movement in general, and glorious struggle which led to the Jallianwala Bagh incident in particular.  The intention of the present Bill can be in no way to belittle the contribution of the Indian National Congress in the freedom movement.  The Committee therefore, recommends that this intention should be clearly reflected in the Aims and Objectives of the Bill.  The Committee also observes that through this Bill, the entire administrative structure of the Trust as well as the Committee of Management would undergo major changes.  However, the Statement of Objects and Reasons of the Bill doesn’t reflect the actual changes to be brought through the proposed legislation.    The Committee therefore, recommends that a comprehensive Statement of Objects and Reasons is required to be drafted taking into account all the changes proposed to be carried in the composition of the Trust as well as the Committee of Management.

4.       In their background note (Annexure-III) furnished to the Committee giving the reasons for the introduction of the Bill, the Department of Culture has brought out the following points:

4.1     As per the Jallianwala Bagh National Memorial Act, 1951, the
composition of the Trust was as follows:

(a)      Shri Jawaharlal Nehru,

(b)     Shri Saifuddin Kitchlew,

(c)     Shri 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 to be nominated by the Central Government

5.     Since, the life members of the Trust from (a) to (c) mentioned above have passed away, these seats have to be filled up and it can be done only through amendments of the said Act by the Jallianwala Bagh National Memorial (Amendment) Bill, 2003.

6.       The Committee heard the views of the Secretary, Department of Culture on this Bill in its sitting held on the 5th August, 2003.

7.       During the course of evidence, the Secretary, Department of Culture inter-alia submitted that there was no provision in the Act to appoint the Trustees in place of those life members who died and those seats are still vacant. It was realised from time to time that there was need for amending in the above said Act. There was a meeting with the Secretary to the Prime Minister in 1979 and it was their observation that the present Act should be amended.  According to these observations, this Bill has been prepared.  He further added that at early stage, there was lack of fund in the Trust and after 1981, no donation was received from States for the purpose of this Memorial.  Rupees two cores and fifty lakhs were sanctioned in the year 1998 by the Central Government and out of which Rupees two crores were released to the Trust.

8.       The Committee feels that the Ministry has treated this Trust of esteemed national importance in a very negligent manner.  Though the need for amendment in the Act was realised twenty-four years back there was an inordinate delay on the part of Ministry in bringing out the required legislation.  The reasons cited for such delay were not very convincing and after going through the details, the Committee realises that due to this negligent attitude and with an almost defunct Trust assets/properties of the Memorial could not be utilised properly.  The Committee therefore, hopes that Government will do away with this kind of lackadaisical approach in future and after the Bill is passed by the Parliament necessary Rules/Regulations will be framed and the vacancies in the trust will be filled up to make the Trust functional expeditiously.

9.       The Committee took up Clause-by-Clause consideration of the Bill in its sitting held on 4th September, 2003.  The Clause-by-Clause consideration of the Bill has been given in the succeeding paragraphs:

Clause 2

10.     The Clause 2 intends to amend the Section 4 of the Jallianwala Bagh National Memorial Act, 1951 for the purpose of reconstitution of the trust.   The Trustees of the Jallianwala Bagh National Memorial shall be the following :

(a)      The Prime Minister          ---------  Chairperson

(b)     Union Minister in charge of Culture,

(c)     Union Minister in charge of Home Affairs,

(d)     Governor of the State of Punjab,

(e)      Chief Minister of the State of Punjab,

(f)      The Leader of the Opposition in the House of the People,

(g)     Three eminent persons to be nominated by the Central Government, one of them being from the district of Amritsar and

(h)     Secretary to the Government of India in the Department of Culture as Member-Secretary to the Trust, ex-officio.

11.     To a query raised by the Committee regarding justification for the inclusion of the Union Home Minister as a Trustee of the Jallianwala Bagh National Memorial as indicated in the proposed legislation, the Ministry replied that the Department of Culture is primarily concerned with the upkeep and maintenance of Jallianwala Bagh complex. The matters relating to freedom fighters and the facilities, which are given to freedom fighters and their families, are being dealt with by the Ministry of Home Affairs. Since the Jallianwala Bagh massacre is intimately connected with Freedom Movement and infact it was the harbinger of Freedom Movement in later year, it was considered that it would be appropriate if, Home Minister of India is made a Member of the Trust.

12.     The Committee observes that inclusion of the Union Minister of Culture as a member of the Trust is justified, as the Department of Culture is the nodal Department for upkeep of the Memorial.   The Committee however fails to understand the justification given by the Department of Culture for having the Union Minister of Home Affairs as a member of the Trust. The maintenance of the Memorial and looking after the freedom fighters and their families are different functions.  The Committee finds no co-relation between the functioning of the Trust and role of Home Minister as a member in the Trust.   So, the Committee is of the opinion that there is no need to have the Union Minister for Home Affairs as a member in the Trust and therefore, the Committee recommends that this provision may be deleted. 

13.     The Committee is of the view that the term eminent persons used in the Bill is vague which can lead to subjective assessment as far as nomination of the eminent persons of the Trust is concerned.  The Committee feels that after fifty-five years of independence very few freedom fighters have been left, but there are some organisations, which are still undertaking activities to disseminate the legacy of freedom movement and imbibing its spirit.  Such organisations should be given an opportunity to serve the Memorial.  The Committee therefore, recommends that the criteria and guidelines to nominate the eminent persons should be clearly defined in the proposed legislation itself to avoid any confusion in future.  The Committee further recommends that before nominating a member under this clause, the Leader of Opposition in the House of the People should be consulted by the Government in the matter.

14.     It has been proposed through this legislation that the Trust would be headed by the Prime Minister. All other Members of the Trust are persons of eminence.  The Committee however is not convinced with the provision of having an official as Member- Secretary.  Therefore, the Committee recommends that Secretary, Department of Culture should be Secretary to the Trust ex-officio and not a Member-Secretary to the Trust.

15.     Clause was adopted subject to the above observations of the Committee.

Clause 3

16.     This Clause intends to amend the Section 5 of the principal Act in order to make trustees as enumerated in Clause 2 except the eminent persons, as ex-officio trustees.

17.     The Committee observes that the nominated members can be re-nominated. However, the number of terms of the nominated members has not been given in the Bill.  Therefore, Committee feels that this lacuna leaves a possibility that a particular person may be re-nominated for consecutive terms and remains as Trustee for long period of time thereby, he can exercise undue influence on the working of Trust.  In view of this Committee recommends that a nominated member should be eligible for     re-nomination but for a specified terms and that should be provided in the Bill itself.

18.     The Clause was adopted subject to the above observations of Committee.

Clause 4

19.     Clause 4 provides for composition of the Committee of Management consisting of the following:-

(a)      Union Minister in charge of Culture     ------ Chairperson;

(b)     Such number of eminent persons not exceeding three, as may be nominated by the Chairperson of the Trust on the recommendation of the Chairperson of the Committee of management for a period of three years; and 

(c)     Secretary to the Government of India in the Department of Culture as Member-Secretary to the Committee, ex-officio.

20.     Since no criteria has been laid down for nomination of eminent persons to the Committee of Management.  The proposed legislation provide that for Union Minister of Culture in the capacity of Chairman of the Committee of Management can nominate three persons of the Committee. The Committee feels that this Clause gives undue powers to the Chairperson of the Committee of the Management with regard to nomination of eminent person in the Committee of Management.  The Committee therefore recommends that there should be some guidelines framed prescribing qualifications of the persons to be nominated on the Committee of Management.  The Committee is of the view that this power be vested in the Trust itself rather than in the Chairperson of the Committee of Management.

21.     Half-yearly meeting of the Committee of management proposed here is a better proposal.  It shall help the Committee to review the ongoing work of the Trust and the Committee can recommend further in that direction.  The Ministry has submitted that this Section has been inserted in the Act to make it obligatory for the Trust to adopt the Annual audited accounts. 

22.     The Department of Culture vide its letter No.F.33-1/(1/97-C&M dated 19th August 2003, stated that the balance sheet of the Trust was being prepared every year and the same is audited by a Chartered Accountant. The Audited Accounts are thereafter adopted by the Trust as and when it meets. Auditing of accounts is done by a Chartered Accountant and CAG is not auditing the accounts of the Trust at present.  Ministry further informed that before 1978, auditing was done by the CAG.  It was after 1981 that the Trust has not received a single penny either from Central Government or State Government for maintenance of the Memorial.  That is why the auditing of Trust’s accounts is done by a Chartered Accountant.  It is to be noted here that the Trust has received a grant of Rupees two crores on 31st March, 1998 from the Central Government.  Even after five years of receiving the grant of Rupees two crores from the Central Government, the Trusts accounts has not been audited by the CAG and no Annual Reports has been tabled in the Parliament.

23.     The Committee expresses its displeasure over the fact that annual accounts of the Trust were not audited by the CAG and it is done only by a Chartered Accountant.  The Ministry is silent about the facts that in between 1978 and 1981 whether the accounts were audited or not.  If audited, by whom it was done it has not been mentioned by the Ministry.  The practice of getting the accounts audited regularly was arbitrarily stopped by the Ministry.  The Committee also notes that the Government of India have recently started providing financial assistance to the Jallianwala Bagh National Memorial Trust with effect from the year 1998.  In view of the recent financial grants made by the Central Government to the Jallianwala Bagh National Memorial Trust, the Committee recommends that the trust’s accounts should be audited every year by the CAG and audited accounts along with the observation of the CAG thereon should be presented to the Parliament. 

24.     The Clause was adopted subject to the above observations of the Committee.

Clause 5

25.     The Clause provides that the powers, duties and functions of the Committee of Management will be governed by the Trust

26.     The Clause was adopted without any change.

Clause 6

27.     The Clause 6 intends to insert a new section that is Section 10A for making rules and regulations and laying the same in both the Houses of the Parliament.

28.     The Clause was adopted without any change.

Clause 7

29.     This Clause intends to substitute a new schedule detailing about movable and immovable properties vested in trustees.

30.     The Committee observes that money from different sources, which came to the Trust, has been kept in the savings accounts of various banks.  The Committee recommends that investments should be made in a judicious manner particularly, in Government securities so as to ensure that investment remains safe and additional income also accrues to the Trust.

Clause 1 Enacting Formula and Title

31.     Clause 1, the Enacting Formula and Title were adopted. 

32.     The Committee recommends that the Government should give due consideration to the amendments proposed by it while bringing the Bill in the Parliament.


OBSERVATIONS/CONCLUSIONS/RECOMMENDATIONS AT A GLANCE

In the paragraph (3) of the Statement of Objects and Reasons, the Ministry has submitted that this legislation has been brought forward in view to filling up the vacancies caused on account of passing away of the life trustees.  The Committee is of the view that the composition of the Jallianwala Bagh National Memorial Trust as prescribed in the parent Act was in order and the inclusion of the President of the Indian National Congress was in keeping with the contribution of the Indian National Congress in the freedom movement in general, and glorious struggle which led to the Jallianwala Bagh incident in particular.  The intention of the present Bill can be in no way to belittle the contribution of the Indian National Congress in the freedom movement.  The Committee therefore, recommends that this intention should be clearly reflected in the Aims and Objectives of the Bill.  The Committee also observes that through this Bill, the entire administrative structure of the Trust as well as the Committee of Management would undergo major changes.  However, the Statement of Objects and Reasons of the Bill doesn’t reflect the actual changes to be brought through the proposed legislation.    The Committee therefore, recommends that a comprehensive Statement of Objects and Reasons is required to be drafted taking into account all the changes proposed to be carried in the composition of the Trust as well as the Committee of Management.

(Para 3)

The Committee feels that the Ministry has treated this Trust of esteemed national importance in a very negligent manner.  Though the need for amendment in the Act was realised twenty-four years back there was an inordinate delay on the part of Ministry in bringing out the required legislation.  The reasons cited for such delay were not very convincing and after going through the details, the Committee realises that due to this negligent attitude and with an almost defunct Trust assets/properties of the Memorial could not be utilised properly.  The Committee therefore, hopes that Government will do away with this kind of lackadaisical approach in future and after the Bill is passed by the Parliament necessary Rules/Regulations will be framed and the vacancies in the trust will be filled up to make the Trust functional expeditiously.

(Para 8)

The Committee observes that inclusion of the Union Minister of Culture as a member of the Trust is justified, as the Department of Culture is the nodal Department for upkeep of the Memorial.   The Committee however fails to understand the justification given by the Department of Culture for having the Union Minister of Home Affairs as a member of the Trust. The maintenance of the Memorial and looking after the freedom fighters and their families are different functions.  The Committee finds no co-relation between the functioning of the Trust and role of Home Minister as a member in the Trust.   So, the Committee is of the opinion that there is no need to have the Union Minister for Home Affairs as a member in the Trust and therefore, the Committee recommends that this provision may be deleted. 

(Para 12)

The Committee is of the view that the term eminent persons used in the Bill is vague which can lead to subjective assessment as far as nomination of the eminent persons of the Trust is concerned.  The Committee feels that after fifty-five years of independence very few freedom fighters have been left, but there are some organisations, which are still undertaking activities to disseminate the legacy of freedom movement and imbibing its spirit.  Such organisations should be given an opportunity to serve the Memorial.  The Committee therefore, recommends that the criteria and guidelines to nominate the eminent persons should be clearly defined in the proposed legislation itself to avoid any confusion in future.  The Committee further recommends that before nominating a member under this clause, the Leader of Opposition in the House of the People should be consulted by the Government in the matter.

(Para 13)

It has been proposed through this legislation that the Trust would be headed by the Prime Minister. All other Members of the Trust are persons of eminence.  The Committee however is not convinced with the provision of having an official as Member- Secretary.  Therefore, the Committee recommends that Secretary,


Department of Culture should be Secretary to the Trust ex-officio and not a Member-Secretary to the Trust.

(Para 14)

The Clause was adopted subject to the above observations of the Committee.

(Para 15)

The Committee observes that the nominated members can be re-nominated. However, the number of terms of the nominated members has not been given in the Bill.  Therefore, Committee feels that this lacuna leaves a possibility that a particular person may be re-nominated for consecutive terms and remains as Trustee for long period of time thereby, he can exercise undue influence on the working of Trust.  In view of this Committee recommends that a nominated member should be eligible for re-nomination but for a specified terms and that should be provided in the Bill itself.

(Para 17)

The Clause was adopted subject to the above observations of Committee.

(Para 18)

Since no criteria has been laid down for nomination of eminent persons to the Committee of Management.  The proposed legislation provide that for Union Minister of Culture in the capacity of Chairman of the Committee of Management can nominate three persons of the Committee. The Committee feels that this Clause gives undue powers to the Chairperson of the Committee of the Management with regard to nomination of eminent person in the Committee of Management.  The Committee therefore recommends that there should be some guidelines framed prescribing qualifications of the persons to be nominated on the Committee of Management.  The Committee is of the view that this power be vested in the Trust itself rather than in the Chairperson of the Committee of Management.

(Para 20)

The Committee has expresses its displeasure over the fact that annual accounts of the Trust were not audited by the CAG and it is done only by a Chartered Accountant.  The Ministry is silent about the facts that in between 1978 and 1981 whether the accounts were audited or not.  If audited, by whom it was done it has not been mentioned by the Ministry.  The practice of getting the accounts audited regularly was arbitrarily stopped by the Ministry.  The Committee also notes that the Government of India have recently started providing financial assistance to the Jallianwala Bagh National Memorial Trust with effect from the year 1998.  In view of the recent financial grants made by the Central Government to the Jallianwala Bagh National Memorial Trust, the Committee recommends that the trust’s accounts should be audited every year by the CAG and audited accounts along with the observation of the CAG thereon should be presented to the Parliament. 

(Para 23)

The Clause was adopted subject to the above observations of the Committee.

(Para 24)

The Clause was adopted without any change.

(Para 26)

The Clause was adopted without any change.

(Para 28)

The Committee observes that money from different sources, which came to the Trust, has been kept in the savings accounts of various banks.  The Committee recommends that investments should be made in a judicious manner particularly, in Government securities so as to ensure that investment remains safe and additional income also accrues to the Trust.

(Para 30)

Clause 1, the Enacting Formula and Title were adopted. 

(Para 31)

The Committee recommends that the Government should give due consideration to the amendments proposed by it while bringing the Bill in the Parliament.

(Para 32)


MINUTES
XII

TWELFTH MEETING

            The Committee met at 3.00 p.m. on Tuesday, the 20th May 2003 in Committee Room ‘C’, Parliament House Annexe, New Delhi.

            MEMBERS PRESENT

  1. Shri Ghulam Nabi Azad – In the Chair

RAJYA SABHA

  1. Shri Suresh Bhardwaj
  2. Shri K. Rahman Khan
  3. Shri K. B. Krishna Murthy
  4. Shri K. Kalvenkata Rao
  5. Shri S. Viduthalai Virumbi

 

LOK SABHA

7.      Shri Raj Babbar
8.      Shri G. M. Banatwalla
9.      Shri Anil Basu
10.  Smt. Reena Choudhary
11.  Shri P. S. Gadhavi
  1. Shri V. Dhananjaya Kumar
  2. Shri Vijay Kumar Khandelwal
  3. Shri Shivaji Mane
  4. Shri K. H. Muniyappa
  5. Dr. Prasanna Kumar Patasani
  6. Shri Chandresh Patel
  7. Shri Th. Chaoba Singh
  8. Shri Ram Naresh Tripathi
  9. Shri D. Venugopal
SECRETARIAT

          Shri Satish Kumar, Additional Secretary

Shrimati Agnes Momin George, Deputy Secretary

            Shri Jagdish Kumar, Under Secretary   

            Shrimati Subhashree Panigrahi

 

2.         Shri Ghulam Nabi Azad was voted to the Chair in the absence of the Chairman of the Committee to convene the proceedings of the meeting. 

3.         The Convenor then informed the Members that the Hon’ble Chairman, Rajya Sabha, in consultation with the Speaker, Lok Sabha, has referred the Jallianwala Bagh National Memorial (Amendment) Bill, 2003, which was introduced and pending in Lok Sabha, to the Committee for examination and report.

4.         *                                  *                                                                      *

5.         *                                  *                                                                      *

6.         *                                  *                                                                      *

7.         The meeting of the Committee then adjourned at 4.40 p.m.

___________________________________________________________

***Relates to matters not included in this Report.

XV

FIFTEENTH MEETING

           

The Committee met at 3.00 p.m. on Tuesday, the 5th August, 2003 in Committee Room ‘D’, Parliament House Annexe, New Delhi.

           

MEMBERS PRESENT

 

  1. Shri Ghulam Nabi Azad – In the Chair

 

RAJYA SABHA

 

  1. Suresh Bhardwaj

3.      Shri K. Rahman Khan

  1. Shri Vayalar Ravi
  2. Shrimati Maya Singh

 

LOK SABHA

 

  1. Shri G. M. Banatwalla
  2. Shri P. S. Gadhavi
  3. Shri V. Dhananjaya Kumar
  4. Shri S. P. Lepcha
  5. Shri K.H. Muniyappa
  6. Shri Gunipati Ramaiah
  7. Shri Vinay Kumar Sorake
  8. Shri Kalava Srinivasulu
  9. Shri D. Venugopal
 
SECRETARIAT

            Shri Satish Kumar, Additional Secretary

Shrimati Agnes Momin George, Deputy Secretary

            Shri Jagdish Kumar, Under Secretary   

            Shrimati Subhashree Panigrahi, Committee Officer

           

REPRESENTATIVES OF DEPARTMENT OF CULTURE

Shri Dhanendra Kumar, Secretary

Shrimati C.T. Misra, Joint Secretary

Shri Sanjiv Mittal, Director

Shri K.L. Kapur, Under Secretary

Shri S.K. Mukherjee, Secretary, Jallianwala Bagh Trust

 

2.         In the absence of the Chairman of the Committee, Shri Ghulam Nabi Azad was voted to the chair to convene the proceedings of the meeting.


3.         The Committee thereafter took up the Jallianwala Bagh National Memorial (Amendment) Bill, 2003 for consideration and heard the views of the Secretary, Department of Culture on the Bill.  The Secretary, Department of Culture while presenting his views, also explained the circumstances, which necessitated amendments in the Parent Act, 1951 and replied to the points raised by the Members on the subject.  On certain queries, the Secretary Department of Culture was directed to furnish written replies for consideration of the Committee. 

 

4.         The meeting of the Committee then adjourned at 4.10 P.M.

 

***Relates to matters not included in this Report.

XVI

  SIXTEENTH MEETING

            The Committee met at 3.00 p.m. on Friday, the 22nd August 2003 in Committee Room ‘A’, Parliament House Annexe, New Delhi.

            MEMBERS PRESENT

  1. Shri Nilotpal Basu – Chairman

RAJYA SABHA

  1. Prof. Ram Deo Bhandary
  2. Shri Suresh Bhardwaj
  3. Shri Kalraj Mishra
  4. Shrimati Maya Singh

 

LOK SABHA

  1. Shri S. P. Lepcha
  2. Dr. Prasanna Kumar Patasani
  3. Shri Vinay Kumar Sorake
SECRETARIAT

          Shri Satish Kumar, Additional Secretary

Shrimati Agnes Momin George, Deputy Secretary

            Shri Jagdish Kumar, Under Secretary  

            Shrimati Subhashree Panigrahi, Committee Officer

2.         The Members of the Committee congratulated Shri Nilotpal Basu for his nomination as a Member and Chairman of the Committee. 

3.         The Committee took-up the Jallianwala Bagh National Memorial (Amendment) Bill, 2003 for consideration but due to thin attendance of Members the subject was not discussed at length.  However, the Committee directed the Secretariat to obtain the comments from the Members on the Bill as well as the reply received from the Department of Culture thereon to facilitate the compilation of the views of the Members for incorporation in the draft report on the Bill. 

4.         It was also decided that the Committee will take up clause-by-clause consideration of the Bill in its next meeting i.e. to be held on 4th September 2003 and will also discuss its future programme.

5.         The Committee then adjourned at 3.35 p.m. to meet again on the 4th September 2003.

________________________________________________________________

***Relates to matters not included in this Report.

XVII

 SEVENTEENTH MEETING

            The Committee met at 11.00 a.m. on Thursday, the 4th September 2003 in Room No. ‘139’, Parliament House Annexe, New Delhi.

            MEMBERS PRESENT

  1. Shri Nilotpal Basu – Chairman

RAJYA SABHA

  1. Shri Ghulam Nabi Azad
  2. Shri Suresh Bhardwaj
  3. Shri S. S. Chandran
  4. Shri K. B. Krishna Murthy
  5. Dr. Alladi P. Rajkumar
  6. Shri Vayalar Ravi
  7. Shrimati Maya Singh

 

LOK SABHA

  1. Shri Raj Babbar
  2. Shri Anil Basu
  3. Shrimati Reena Choudhary
  4. Shri V. Dhananjaya Kumar
  5. Dr. Prasanna Kumar Patasani
  6. Shri Sundar Lal Patwa
  7. Shri Th. Chaoba Singh
  8. Shri Kalava Srinivasulu
SECRETARIAT

          Shri Satish Kumar, Additional Secretary

Shrimati Agnes Momin George, Deputy Secretary

            Shri Jagdish Kumar, Under Secretary   

            Shrimati Subhashree Panigrahi, Committee Officer

2.         The Committee took-up clause-by-clause consideration of the Jallianwala Bagh National Memorial (Amendment) Bill, 2003.

2.1              In respect of Clause 2(1) (d), some members mentioned that the proposed Bill does not include the President of the Indian National Congress as was in Section 4(1) (d) of the parent Act, namely the Jallianwala Bagh National Memorial Act 1951.  The exclusion of the President of the Indian National Congress was not acceptable to them as such a move would tantamount to ignoring the entire contribution of the Indian National Congress in the freedom struggle of the country.

2.2              However, some other members while recognising the valuable contribution made by the Indian National Congress in the freedom struggle of the country felt that over the years several changes and other development have taken place and therefore, felt that it was no longer necessary to have the President of Indian National Congress in the proposed amendment Bill. This group of members therefore, suggested that inclusion of the President of the Indian National Congress should not be insisted upon.  They, therefore, were of the view that the amendment of the parent Act as proposed, should be passed. 

2.3              Section 2 (1) (h) envisages that Secretary to Govt. of India in the Department of Culture as Member-Secretary to the Trust, ex-officio.  The Committee considered this provision in the Bill and felt that it was not correct for the Secretary to the Department to be included as Member-Secretary to the Trust.  He should serve only as Secretary to the Trust.

2.4.      As regards Statement of Objects and Reasons, the Committee recommended that the Statement of Objects and Reasons should be amended to reflect the true picture of the proposed legislation.

2.5.      As regards Section 2(1) (c) of Clause 2, the Committee observed that there is no justification given by the Department of Culture for having the Union Minister of Home Affairs as a member of the Trust.  The maintenance of the Memorial and looking after the freedom fighters and their families are different functions.  The Committee found no       co-relation between the functioning of the Trust and role of Home Minister as a Member in the Trust.  Therefore, the Committee recommended that Clause 2 (1) (c) may be deleted.

2.6.      As regards to Section 2 (1) (g) of Clause 2, the Committee noted that the criteria for nominating the ‘eminent persons’ has not been given in the Bill.  The Committee, therefore, recommended that those criteria should be provided in the Bill itself. 

2.7.      The Committee also recommended that before nominating a Member under Section 2(1) (g), the Leader of the Opposition in the House of the People should be consulted by the Government.

2.8       Clauses from 3 to 7 of the Bill were adopted with minor changes.  Clause 1 the Enacting Formula and the Title were also adopted by the Committee without any amendment.

 

3.         *                                  *                                                                     *

 

4.         Thereafter, the Committee decided to meet on the 18th September 2003 (forenoon) to consider and adopt the draft report on the Jallianwala Bagh National Memorial (Amendment) Bill, 2003.  *                  *                                           *                       


4.1       *                                  *                                                                      *

 

5.         The Committee then adjourned at 12.45 p.m. to meet again on the 18th September 2003.

_____________________________________________________________

***Relates to matters not included in this Report.

XVIII

 EIGHTEENTH MEETING

            The Committee met at 11.00 a.m. on Thursday, the 18th September 2003 in Committee Room ‘A’, Parliament House Annexe, New Delhi.

            MEMBERS PRESENT

  1. Shri Nilotpal Basu – Chairman

RAJYA SABHA

  1. Shri Ghulam Nabi Azad
  2. Shri Ram Deo Bhandary
  3. Shri Suresh Bhardwaj
  4. Shri K. Rahman Khan
  5. Shri Satish Pradhan
  6. Dr. Alladi P. Rajkumar
  7. Shri K. Kalavenkata Rao
  8. Shrimati Maya Singh
  9. Shri S. Viduthalai Virumbi

 

LOK SABHA

  1. Shri Raj Babbar
  2. Shrimati Reena Choudhary
  3. Shri P.S. Gadhavi
  4. Shri V. Dhananjaya Kumar
  5. Shri Shivaji Mane
  6. Shri K.H. Muniyappa
  7. Dr. Prasanna Kumar Patasani
  8. Shri Sundar Lal Patwa
  9. Shri Gunipati Ramaiah
  10. Shri Vinay Kumar Sorake
  11. Shri Ram Naresh Tripathee
  12. Shri D. Venugopal
SECRETARIAT

          Shri Satish Kumar, Additional Secretary

Shrimati Agnes Momin George, Deputy Secretary

            Shri Jagdish Kumar, Under Secretary   

            Shrimati Subhashree Panigrahi, Committee Officer

2.         The Committee considered the draft report on the Jallianwala Bagh National Memorial (Amendment) Bill, 2003.  However, consideration of the draft report remained inconclusive.  The Committee deferred adoption of the draft Report and decided to take up the consideration of the draft Report at its next meeting to be held on the 16th October 2003.

3.         *                                                        *                                                          *

4.         *                                                       *                                                           *

5.         The meeting of the Committee then adjourned at 1.20 p.m. to meet again on the 16th October 2003.

_________________________________________________________________

***Relates to matters not included in this Report.

XIX

NINTEENTH MEETING

           

The Committee met at 3.00 p.m. on Thursday, the 16th October 2003 in Committee Room ‘D’, Parliament House Annexe, New Delhi.

           

MEMBERS PRESENT

 

  1. Shri Nilotpal Basu – Chairman

 

RAJYA SABHA

 

  1. Shri Ghulam Nabi Azad
  2. Shri Suresh Bhardwaj
  3. Shri S.S.Chandran
  4. Shri K. Rahman Khan
  5. Shri K.B.Krishna Murthy
  6. Shri Satish Pradhan
  7. Shrimati Maya Singh
  8. Shri S. Viduthalai Virumbi
 
LOK SABHA

 

  1. Shri G.M.Banatwalla
  2. Shri Anil Basu
  3. Shrimati Reena Choudhary
  4. Shri T.T.V.Dhinakaran
  5. Shri P.S. Gadhavi
  6. Shri V. Dhananjaya Kumar
  7. Shri Vijay Kumar Khandelwal
  8. Shri K.H. Muniyappa
  9. Shri Vilas Muttemwar
  10. Dr. Prasanna Kumar Patasani
  11. Shri Braj Mohan Ram
  12. Shri Bishnu Pada Ray
  13. Shri Th. Chaoba Singh
  14. Shri Vinay Kumar Sorake
  15. Shri Kodikunnil Suresh
  16. Shri Ram Naresh Tripathee
  17. Shri D. Venugopal
 
SCRETARIAT

            Smt. Agnes Momin George, Deputy Secretary

            Shri Jagdish Kumar, Under Secretary

            Smt. Subhashree Panigrahi, Committee Officer

 

2.         The Committee considered the draft report on the Jallianwala Bagh National Memorial (Amendment) Bill, 2003.  The report was discussed in detail but no consensus emerged as some Members opposed the deletion of clause (d) of Section 4(1) of the Parent Act i.e. the Jallianwala Bagh National Memorial Act, 1951 and desired that a new clause be added in the Section 2 (1) of the Bill providing for the President of Indian National Congress as Trustee of Jallianwala Bagh National Memorial.  It was therefore, decided that those Members who were opposing the draft report may give their note of dissent to the Secretariat by 5.00 p.m. till 22nd October 2003.  Thereafter the report was adopted. 

           

3.         The Committee also authorised its Chairman to present the report to Hon’ble Chairman, Rajya Sabha and to lay the copies thereof on the Table of the House after commencement of the session.

 

4.         *                                  *                                                                      *

 

5.         The meeting of the Committee then adjourned at 3.40 p.m. to meet again on the 29th October 2003 at 3.00 p.m.

__________________________________________________________________

***Relates to matters not included in this Report.

XX

TWENTIETH MEETING

           

The Committee met at 3.00 p.m. on Wednesday, the 29th October 2003 in Room No.‘139’, Parliament House Annexe, New Delhi.

  

MEMBERS PRESENT

 

1.      Shri Nilotpal Basu – Chairman

 

RAJYA SABHA

 

2.      Prof. Ram Deo Bhandary

3.      Shri S.S.Chandran

4.      Shri K. Rahman Khan

5.      Shri K.B.Krishna Murthy

6.      Shri Satish Pradhan

7.      Shri Vayalar Ravi

8.      Shrimati Maya Singh

9.      Shri S. Viduthalai Virumbi

 

LOK SABHA

 

10.  Shri G.M.Banatwalla

11.  Shri Anil Basu

12.  Shrimati Reena Choudhary

13.  Shri P.S. Gadhavi

14.  Shri S.P.Lepcha

15.  Shri Shivaji Mane

16.  Shri K.H. Muniyappa

17.  Shri Vilas Muttemwar

18.  Dr. Prasanna Kumar Patasani

19.  Shri Gunipati Ramaiah

20.  Shri Bishnu Pada Ray

21.  Shri Kalava Srinivasulu

22.  Shri Kodikunnil Suresh

23.  Shri Ram Naresh Tripathee

 

SECRETARIAT

          Shri Satish Kumar, Additional Secretary

Shrimati Agnes Momin George, Deputy Secretary

            Shri Jagdish Kumar, Under Secretary  

            Shrimati Subhashree Panigrahi, Committee Officer

 

2.         The Chairman informed that the Secretariat had received notes of dissent to the report on Jallianwala Bagh National Memorial (Amendment) Bill, 2003, from six Members of the Committee within the specified date i.e. 22nd October 2003, and that the same will be appended to the Report.  However, it will not be possible to append one note of dissent which was received after the said date.  The Chairman also suggested that Members, whose notes of dissent were similar, should sign on a single note of dissent so that it could be incorporated in the Report as a combined note from the Members concerned. 

 

3.         The Committee then authorised its Chairman to seek appointment with the Hon’ble Chairman, Rajya Sabha, to present the report on the Bill.

 

4.         *                                            *                                                            *

 

5.         *                                            *                                                            *

 

6.         The meeting of the Committee then adjourned at 3.50 p.m.

__________________________________________________________________

***Relates to matters not included in this Report.