Vol. 15 · pages 341–345
As Free India's First Law Minister and Member of Opposition in Parliament, 1947–1956
This text was extracted automatically from the official PDF of Dr. Babasaheb Ambedkar: Writings and Speeches, so it may contain small errors. Always check the original page before quoting.
PDF page 341 (printed page 324)
324 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
of its duties and functions would be incomplete. I therefore
move this amendment and commend it for the acceptance of
the House.
Mr. Chairman: I wish to know whether any other amendment
is going to be moved.
Shri J. R. Kapoor: I beg to move :
After part (c) of clause 3, insert new part:
“ (d) to do any other thing in furtherance of the objects of
the Trust ”.
So that, there will be one more object added to it, not of
any specific nature but merely of a general nature so that
the trust may not feel handicapped at any time in regard to
anything that it may like to do. I am sure this will be readily
acceptable to the hon. Minister in charge of the Bill. Such
a clause is almost invariably to be found in other similar
enactments.
Mr. Chairman: The wording of the amendment is selfexplanatory and I do not think any further speech on it is
necessary.
Sardar B. S. Man: I beg to move:
After part (a) of clause 3, insert new part and reletter
subsequent parts accordingly:
“(b) to start educational, social or such other public institutions,
or to create funds or scholarships for the benefit of the public
generally, or for those or their dependants, who were killed or
wounded on the 13th day of April 1919 at the site, or for such
other people who served, died or were permanently disabled in
the national cause. ”
The objects of the Trust as given in the Bill are merely,
“ to erect and maintain suitable buildings, structures and
parks at or near the site of the Jallianwala Bagh in the city
of Amritsar ……….. etc.” I feel that by the acceptance of this
amendment it will be enlarging to scope and making it more
a living memoral to the memory of those who have departed.
Mr. Chairman: May I know whether any of the amendments
are acceptable to the Hon. Minister?
Dr. Ambedkar: I do not think I can accept any of them.
Perhaps a word might be necessary as to why I do not accept
them.
PDF page 342 (printed page 325)
325PARLIAMENTARY DEBATES
With regard to Mr. Kamath’s amendment the addition
of the word “administer” is unnecessary. Every trust carries
with it the power of the trustees to administer whatever they
receive and raise.
With regard to Mr. Kapoor’s amendment “ to do any other
thing in furtherance of the objects of the Trust”, that again
is unnecessary. When the objects are stated it carries with
it the implied power to do anything in furtherance of these
objects.
With regard to Sardar Man’s amendment, I think it is
agreed that this body of trustees should not convert themselves
into a social service league. Their purpose should merely be
to maintain this national monument.
Shri Kamath: May I not ask whether the word “receive”
also is unnecessary ? Whatever is raised must be received by
the Trust. Therefore “received” may be deleted.
Dr. Ambedkar: That may be so, but I think “administer”
is quite superfluous.
Mr. Chairman: I would like to know whether hon.
Members are pressing their amendments.
Sardar B. S . Man: I am not pressing my amendment.
Shri J. R. Kapoor: No.
Shri Kamath: Well, it may go.
Mr. Chairman: Does he want it to be put or not put?
Shri Kamath: It need not be put.
Mr. Chairman: The question is:
“ That clause 3 stand part of the Bill.”
The motion was adopted.
Clause 3 was added to the Bill.
Clause 4.—( Trustees etc.)
Shri Sidhva (Madhya Pradesh): I have an amendment.
Mr. Chairman: Is Dr. Ambedkar going to move any
amendment ?
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326 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Dr. Ambedkar: Mr. Sidhva is moving.
Shri Sidhva: I beg to move:
In part (b) of sub-clause (1) of clause 4, for the name of
Sardar Vallabhbhai Patel substitute the name of Dr. Saifuddin
Kitchlew.
It is self-explanatory and I do not want to speak on it.
Mr. Chairman : Amendment moved:
In part (b) of sub-clause (1) of clause 4, for the name of
Sardar Vallabhbhai Patel substitute the name of Dr. Saifuddin
Kitchlew.
Is it acceptable to the Hon. Minister.
Dr. Ambedkar: I accept the amendment.
*Giani G. S. Musafir: (English translation of Urdu speech)
I wanted to move:
After part (e) of sub-clause (1) of clause (4) insert new
part and reletter subsequent parts accordingly:
“(f) the president of the Punjab State Congress. ”
I have already said more than enough on that subject.
Unfortunately for me the Prime Minister does not agree with
me on this point. What is still more unfortunate is that he has
already delivered his speech so that even those members who
had promised to support me have become silent. Therefore,
I feel it would be no use pressing it any more. Hence, I am
not moving it. I do not agree, however, that the inclusion of
the President of the Punjab Congress would turn this Trust
into a party Trust.
Mr. Chairman: May I know whether the hon. Minister
accepts any of those amendments?
Dr. Ambedkar : I cannot accept any of these amendments.
Shri Kamath: I want to press all the amendments.
Mr. Chairman: I will put all these amendments to the
House.
Shri Kamath: One by one.
* P. D., Vol. 11, Part II, 21st April 1951, p. 7237.
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327PARLIAMENTARY DEBATES
Mr. Chairman : The question is:
In part (b) of sub-clause (1) of clause 4, for the name of
Sardar Vallabhbhai Patel substitute the name of Kumari
Maniben Patel.
The motion was negatived.
* Dr. Ambedkar: The only amendment that I can accept
is No. 79 seeking to omit the word “for” in part (f) of subclause (2).
Mr. Chairman: Does Mr. Kamath press the other
amendments?
Shri Kamath: I press amendment No. 82 relating to
penalty.
Mr. Chairman: The question is:
(i) In part (f) of sub-clause (2) of clause 9, for “ injury ”
substitute “damage”.
The motion was negatived.
Shri Kamath: I do not press my second amendment.
Mr. Chairman : The question is:
(iii) In part (f) of sub-clause (2) of clause 9 omit “ for ”.
The motion was adopted.
Mr. Chairman : The question is:
(iv) In sub-clause (3) of clause 9, for “ fine which may
extend to one hundred rupees ” substitute :
“ imprisonment for a period not exceeding six months or
with fine which may extend to one hundred rupees or both. ”
The motion was negatived.
Mr. Chairman: The question is:
“ That clause 9. as amended, stand part of the Bill.”
The motion was adopted.
Clause 9. as amended, was added to the Bill.
* P. D., Vol. 11, Part II, 21st April 1951, pp. 7241-42.
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328 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Clause 10 was added to the Bill.
The Schedule was added to the Bill.
Clause 1. (Short Title)
Amendment moved:
In clause 1, for “ 1950 ” substitute “ 1951”. [Dr. Ambedkar]
Mr. Chairman : The question is:
“That clause 1. as amended, stand part of the Bill.”
The motion was adopted.
Clause 1, as amended, was added to the Bill. .
The Title and the Enacting formula were added to the Bill.
Dr. Ambedkar : I beg to move:
That the Bill, as amended be passed. ”
Mr. Chairman : The question is:
“ That the Bill, as amended, be passed. ”
The motion was adopted.
The House then adjourned for Lunch till Three of the Clock.