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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.

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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.

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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.