Powers and duties of the Committee
Section 5 of the Rajghat Samadhi Act, 1951 deals with powers and duties of the Committee. Subject to such rules as may be made under this Act, the powers and duties of the Committee shall be-- (a) to administer the affairs of the Samadhi and to keep the Samadhi in proper order and in a state of good repair; The Act came into force on 07 Jun 1952.
Subject to such rules as may be made under this Act, the powers and duties of the Committee shall be--
(a) to administer the affairs of the Samadhi and to keep the Samadhi in proper order and in a state of good repair;
(b) to organise and regulate periodical functions at the Samadhi;
(c) to do such other things as may be incidental or conducive to the efficient administration of the affairs of the Samadhi.
Section 5, The Rajghat Samadhi Act, 1951 (Act 41 of 1951).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Kanhaiya Lal v. Union of India & Ors.
Court's Decision & Legal Precedent
DATE VERIFIED Final Order 2010-03-26 (order-1.pdf; Kailash Gambhir J.; get_order_markdown DATE VERIFIED). Delhi HC quoted s.4 Committee composition (municipal president ex-officio; Central Govt nominees; MPs) and held the statutory Rajghat Samadhi Committee is constituted to maintain/administer the national shrine — not a commercial "industry" under Industrial Disputes Act s.2(j). Objects & Reasons + s.4 structure show governmental/sovereign memorial administration (Art. 49), not profit-making enterprise.
On this section: s.5 statutory powers/duties establish non-commercial shrine administration — decisive against ID Act industry characterisation.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 5
What have the courts held on Section 5 of the Rajghat Samadhi Act?
Kanhaiya Lal v. Union of India & Ors. (26 Mar 2010) is the leading judgment on this section among those set out below: s.5 statutory powers/duties establish non-commercial shrine administration — decisive against ID Act industry characterisation.
How do I find court cases under Section 5 of the Rajghat Samadhi Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Rajghat Samadhi Act 1951 5, section 5 Rajghat Samadhi Act 1951, section 5 of the Rajghat Samadhi Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Kanhaiya Lal v. Union of India & Ors. (26 Mar 2010).
What should I read with Section 5 of the Rajghat Samadhi Act, and has it changed?
One instrument names it without being made under it, most recently Rajghat Samadhi Rules 1952 (1952).
When did Section 5 of the Rajghat Samadhi Act come into force?
Section 5 of the Rajghat Samadhi Act, cited as Rajghat Samadhi Act 1951 5, came into force on 07 Jun 1952, having been enacted on 29 Jun 1951. It is in force as at the date shown on this page.
Other sections of this Act
- 4. Composition of the Committee212 words
- 7A. Rules and bye-laws to be laid before Parliament149 words
- 7. Power of Committee to make bye-laws144 words
- 2. Definitions69 words
- 3. The Rajghat Samadhi Committee58 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 24 Oct 2026. This page is not a substitute for legal advice.