Central
Section 9 of The Jallianwala Bagh National Memorial Act, 1951
- (1)The Central Government may, by notification in the Official Gazette, make rules to carry out the objects of this Act.
- (2)In particular, and without prejudice to the generality of the foregoing power, such rules may provide for--
- (a)the manner in which funds belonging to the Memorial shall be kept deposited or invested;
- (b)the mode of authentication of orders for payment of money by the Trustees;
- (c)the form in which accounts shall be kept by the Trustees and the audit and publication of such accounts;
- (d)the laying out, erection, improvement, maintenance and management of the Memorial and the care and custody of the properties thereof.
- (e)the conditions under which the public shall have access to the Memorial or particular parts thereof and the regulation of the conduct of persons entering the precincts of the Memorial;
- (f)the preservation of, and the prevention of injury to or interference with, any property vested in the Trustees and the prevention of persons from trespassing into any particular part of the Memorial. 1[(2A) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
- (3)A rule made under this section made provide that a breach of any rule made under clauses (e) and (f) of sub-section (2) shall be punishable with fine which may extend to one hundred rupees.
Summary
- The Central Government has the power to create official rules to achieve the goals of this Act, which they must publish in the Official Gazette, an official government news booklet.
- These rules can specify how the Trust's money is kept, deposited, or invested, how payments are approved, and how the financial accounts are written down, audited, and shared.
- Rules can also cover the maintenance of the Memorial, how properties are cared for, and the conditions under which the public can visit or enter different parts of the park.
- The government can make rules to protect the property from damage, prevent trespassing, and set a fine of up to one hundred rupees for anyone who breaks public access or property protection rules.
- Every new rule must be shown to both Houses of Parliament for a total of thirty days while they are in session, so that Parliament can approve, change, or cancel them.
Practical examples
1In June 1956, the Central Government wants to make sure people do not damage the lawns. They publish a rule in the Official Gazette stating that anyone climbing on the historical structures will be fined eighty rupees, which is under the legal limit of one hundred rupees.
2The government designs a rule specifying that all money received from public donations must be deposited in the State Bank of India. Before this rule takes effect, the government places it before both Houses of Parliament for thirty days during the autumn session of 1961 to allow lawmakers to review it.
FAQ
1. Where must the Central Government publish the rules they make under this section?
They must publish them by notification in the Official Gazette, which is the official public journal of the government.
2. What is the maximum fine that can be set for breaking the rules on public conduct or property protection?
The fine can extend up to a maximum of one hundred rupees.
3. What happens if Parliament wants to change a rule made by the government?
Both Houses can agree to modify or completely cancel the rule during the thirty-day review period, and the rule will then only work in that modified form or have no effect at all.
Test yourself
Q1.Who has the primary power to make rules under Section 9?
Q2.What is the maximum fine that a rule can set for trespassing or damaging property?
Q3.Where must a rule be published to become official?
Q4.How long must a rule be laid before the Houses of Parliament?
Q5.Which of the following can be regulated by rules made under Section 9?
Q6.What happens if both Houses of Parliament agree to cancel a rule?