MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS
(Legislative Department)
New Delhi, the 3rd April, 1993/Chaitra 13, 1915 (Saka)
The following Act of Parliament received the assent of the
President on the 3rd April 1993, and is hereby published for general
information:-
THE ACQUISITION OF CERTAIN AREA AT AYODHYA ACT, 1993
NO. 33 OF 1993
[3rd April,1993]
An Act to provide for the acquisition of certain area
at Ayodhya and for matters connected therewith or incidental
thereto.
WHEREAS there has been a long-standing dispute relating to the structure
(including the premises of the inner and outer courtyards of such structure),
commonly known as the Ram Janma Bhumi-Babri Masjid, situated in village Kot
Ramchandra in Ayodhya, in Pargana Haveli Avadh, in tehsil Faizabad Sadar, in the
district of Faizabad of the State of Uttar Pradesh;
AND WHEREAS the said dispute has affected the maintenance of public order
and harmony between different communities in the country;
AND WHEREAS it is necessary to maintain public order and to promote
communal harmony and the spirit of common brotherhood amongst the people of
India;
AND WHEREAS with a view to achieving the aforesaid objectives, it is
necessary to acquire certain areas in Ayodhya;
BE it enacted by Parliament in the Forty-fourth Year of the Republic of
India as follows:-
CHAPTER I
PRELIMINARY
1. Short title and commencement.
(1) This Act may be called the Acquisition of Certain Area at Ayodhya Act, 1993.
(2) It shall be deemed to have come into force on the 7th day of January, 1993.
2. Definitions.
In this Act, unless the context otherwise requires,-
(a) "area" means the area (including all the buildings, structures or other
properties comprised therein) specified in the Schedule;
(b) "authorised person" means a person or body of persons or trustees of any
trust authorised by the Central Government under section 7;
THE GAZETTE OF INDIA EXTRAORDINARY 2
(c) "Claims Commissioner" means the Claims Commissioner appointed under subsection
(2) of section 8;
(d) "prescribed" means prescribed by rules made under this Act.
CHAPTER II
ACQUISITION OF THE AREA IN AYODHYA
3. Acquisition of rights in respect of certain area.
On and from the commencement of this Act, the right, title and interest
in relation to the area shall, by virtue of this Act, stand transferred to, and
vest in, the Central Government.
4. General effect of vesting.
(1) The area shall be deemed to include all assets, rights, leaseholds,
powers, authority and privileges and all property, movable and immovable,
including lands, buildings, structures, shops of whatever nature or other
properties and all other rights and interests in, or arising out of, such
properties as were immediately before the commencement of this Act in the
ownership, possession, power or control of any person or the State Government of
Uttar Pradesh, as the case may be, and all registers, maps, plans, drawings and
other documents of whatever nature relating thereto.
(2) All properties aforesaid which have vested in the Central Government
under section 3 shall, by force of such vesting, be freed and discharged from
any trust, obligation, mortgage, charge, lien and all other encumbrances
affecting them and any attachment, injunction, decree or order of any court or
tribunal or other authority restricting the use of such properties in any manner
or appointing any receiver in respect of the whole or any part of such
properties shall cease to have any effect.
(3) If, on the commencement of this Act, any suit, appeal or other
proceeding in respect of the right, title and interest relating to any property
which has vested in the Central Government under section 3, is pending before
any court, tribunal or other authority, the same shall abate.
5. Duty of person or State Government in charge of the management of the
area to deliver all assets, etc.
(1) The Central Government may take all necessary steps to secure
possession of the area which is vested in that Government under section 3.
(2) On the vesting of the area in the Central Government under section 3,
the person or State Government of Uttar Pradesh, as the case may be, in charge
of the management of the area immediately before such vesting shall be bound to
deliver to the Central Government or the authorised person, all assets,
registers and other documents in their custody relating to such vesting or where
it is not practicable to deliver such registers or documents, the copies of such
registers or documents authenticated in the prescribed manner.
6. Power of Central Government to direct vesting of the area in another
authority or body or trust.
(1) Notwithstanding anything contained in sections 3, 4, 5 and 7, the
Central Government may, if it is satisfied that any authority or other body, or
trustees of any trust, set up on or after the commencement of this Act is or are
willing to comply with such terms and conditions as that Government may think
fit to impose, direct by notification in the Official Gazette, that the right,
title and interest or any of them in relation to the area or any part thereof,
instead of continuing to vest in the Central Government, vest in that authority
or body or trustees of that trust either on the date of the notification or on
such later date as may be specified in the notification.
(2) When any right, title and interest in relation to the area or part
thereof vest in the authority or body or trustees referred to in sub-section
(1), such rights of the Central Government in relation to such area or part
thereof, shall, on and from the date of such vesting, be deemed to have become
the rights of that authority or body or trustees of that trust.
THE GAZETTE OF INDIA EXTRAORDINARY 3
(3) The provisions of sections 4, 5, 7 and 11 shall, so far as may be,
apply in relation to such authority or body or trustees as they apply in
relation to the Central Government and for this purpose references therein to
the Central Government shall be construed as references to such authority or
body or trustees.
CHAPTER III
MANAGEMENT AND ADMINISTRATION OF PROPERTY
7. Management of property by Government.
(1) Notwithstanding anything contained in any contract or instrument or
order of any court, tribunal or other authority to the contrary, on and from the
commencement of this Act, the property vested in the Central Government under
section 3 shall be managed by the Central Government or by a person or body of
persons or trustees of any trust authorised by that Government in this behalf.
(2) In managing the property vested in the Central Government under
section 3, the Central Government or the authorised person shall ensure that the
position existing before the commencement of this Act in the area on which the
structure (including the premises of the inner and outer courtyards of such
structure), commonly known as the Ram Janma Bhumi-Babri Masjid, stood in village
Kot Ramchandra in Ayodhya, in Pargana Haveli Avadh, in tehsil Faizabad Sadar, in
the district of Faizabad of the State of Uttar Pradesh is maintained.
CHAPTER IV
MISCELLANEOUS
8. Payment of amount.
(1) The owner of any land, building, structure or other property
comprised in the area shall be given by the Central Government, for the transfer
to and vesting in that Government under section 3 of that land, building,
structure or other property, in cash an amount equivalent to the market value of
the land, building, structure or other property.
(2) The Central Government shall, for the purpose of deciding the claim
of the owner or any person having a claim against the owner under sub-section
(1), by notification in the Official Gazette, appoint a Claims Commissioner.
(3) The Claims Commissioner shall regulate his own procedure for
receiving and deciding the claims.
(4) The owner or any person having a claim against the owner may make a
claim to the Claims Commissioner within a period of ninety days from the date of
commencement of this Act:
Provided that if the Claims Commissioner is satisfied that the claimant
was prevented by sufficient cause from preferring the claim within the said
period of ninety days, the Claims Commissioner may entertain the claim, within a
further period of ninety days and not thereafter.
9. Act to override all other enactments.
The provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any other law for the time being in force or
any instrument having effect by virtue of any law other than this Act or any
decree or order of any court, tribunal or other authority.
10. Penalties.
Any person who is in charge of the management of the area and fails to
deliver to the Central Government or the authorised person any asset, register
or other document in his custody relating to such area or, as the case may be,
authenticated copies of such register or document, shall be punishable with
imprisonment for a term which may extend to three years or with fine which may
extend to ten thousand rupees or with both.
11. Protection of action taken in good faith.
No suit, prosecution or other legal proceeding shall lie against the
Central Government or the authorised person or any of the officers or other
employees of that Government or the authorised person for anything which is in
good faith done or intended to be done under this Act.
12. Power to make rules.
THE GAZETTE OF INDIA EXTRAORDINARY 4
(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.
(2) 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 duly 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.
13. Repeal and saving.
(1) Subject to the provisions of sub-section (2), the Acquisition of
Certain Area at Ayodhya Ordinance, 1993 ( Ord. 8 of 1993), is hereby repealed.
(2) Notwithstanding anything contained in the said Ordinance,-
(a) the right, title and interest in relation to plot No.242
situated in village Kot Ramchandra specified against Sl. No. 1 of the
Schedule to the said Ordinance shall be deemed never to have been
transferred to, and vested in, the Central Government;
(b) any suit, appeal or other proceeding in respect of the right,
title and interest relating to the said plot No. 242, pending before any
court, tribunal or other authority, shall be deemed never to have abated
and such suit, appeal or other proceeding (including the orders or
interim orders of any court thereon) shall be deemed to have been
restored to the position existing immediately before the commencement of
the said Ordinance;
(c) any other action taken or thing done under that Ordinance in
relation to the said plot No. 242 shall be deemed never to have been
taken or done.
(3) Notwithstanding such repeal, anything done or any action taken under
the said Ordinance shall be deemed to have been done or taken under the
corresponding provisions of this Act.
THE GAZETTE OF INDIA EXTRAORDINARY 5
THE SCHEDULE
[See section 2 (a) ]
DESCRIPTION OF THE AREA
---------------------------------------------------------------------
Sl. Name of Village/ Revenue Area to be acquired
No. Pargana/Tehsil/ (Khasra) -------------------
District/State Plot Nos. Bigha Biswa Biswansi
---------------------------------------------------------------------
(1) (2) (3) (4) (5) (6)
---------------------------------------------------------------------
1. Village Kot Ram- 143 0 9 0
chandra, Pargana
Haveli Avadh, 144 0 7 0
tehsil Faizabad
Sadar, District 145 0 8 0
Faizabad,
Uttar Pradesh.
146 1 6 7
147 5 8 0
158 0 4 0
159 0 13 8
160 5 13 0
161 0 18 0
162 1 8 7
168 1 2 0
169 1 7 0
170 0 8 0
171 1 7 0
172 2 7 0
173 0 18 0
174 0 3 0
175 0 6 0
176 1 2 0
177 0 16 0
178 0 10 0
179 0 14 0
180 0 14 5
181 0 13 10
182 0 7 5
183 0 7 5
184 0 6 9
---------------------------------------------------------------------
---------------------------------------------------------------------
(1) (2) (3) (4) (5) (6)
---------------------------------------------------------------------
185 0 7 5
186 0 6 10
187 0 7 0
188 0 18 15
THE GAZETTE OF INDIA EXTRAORDINARY 6
189 0 14 0
190 0 4 0
191 4 6 14
192 0 7 0
193 0 12 0
194 4 19 0
195 0 5 0
196 0 5 0
197 0 5 0
198 0 3 0
199 0 12 0
200 2 0 0
204 0 3 0
(part)
Bounded by plot
No. 222 on South,
Plot No. 205 on
West and plot No.
231 on East.
205 0 10 0
206 0 5 0
207 0 19 0
208 0 5 0
209 1 11 0
210 0 8 0
211 0 13 0
212 0 4 14
213 1 19 15
214 0 6 0
215 0 2 5
216 0 6 0
217 0 11 0
218 0 3 0
219 1 6 5
220 0 12 0
221 1 2 15
222 0 5 7
---------------------------------------------------------------------
---------------------------------------------------------------------
(1) (2) (3) (4) (5) (6)
---------------------------------------------------------------------
223 5 6 0
224 1 0 0
225 0 11 15
226 0 10 5
227 0 7 5
228 0 5 0
229 0 11 10
230 0 2 10
231 1 1 10
232 0 2 0
THE GAZETTE OF INDIA EXTRAORDINARY 7
233 0 2 0
234 1 12 0
235 0 10 0
236 0 4 0
237 0 1 0
238 1 6 0
239 2 1 0
244 0 14 10
(part)
Bounded on the North
partly by plot No. 240
and partly by plot No,
243, on the West partly
by plot No. 239 and partly
by plot No. 240 and on the
South by Plot No. 246.
246 0 18 0
(part)
Bounded by plot No.
238 on the South,
plot No. 239 on the
West and plot No.
244 on the North.
-----------------------------------------
75 14 7
-----------------------------------------
2. Village Avadhkhas, 1104 0 11 17
Pargana Haveli, Avadh, tehsil
Faizabad Sadar, District 1105 0 7 14
Faizabad, Uttar
Pradesh. 1106 0 6 2
1107 0 14 14
1108 0 4 3
1109 0 3 0
1110 0 4 5
1111 0 12 15
---------------------------------------------------------------------
---------------------------------------------------------------------
(1) (2) (3) (4) (5) (6)
---------------------------------------------------------------------
1112 0 5 8
1113 0 5 10
1114 0 0 10
1115 0 1 10
1116 0 3 10
1117 0 9 12
1118 1 1 17
1119 0 7 14
1120 0 13 15
1121 0 3 0
1122 0 8 0
1123 0 8 0
1124 0 9 10
1125 0 6 6
1126 0 4 15
1127 0 11 4
THE GAZETTE OF INDIA EXTRAORDINARY 8
1128 1 12 6
1129 0 5 9
1130 0 5 0
1132 1 3 5
1133 0 4 15
1134 0 4 0
1135 0 1 0
1136 0 9 0
1143 0 4 5
1144 0 5 15
1145 0 0 15
1146 0 3 0
1147 0 5 0
1148 0 7 15
1149 0 6 10
1166 0 6 0
(part)
Bounded by plot
No. 1203 on East,
plot No. 1151 on
West and plot No.
1167 on South.
1206 0 7 0
1210 0 1 5
1211 0 2 5
---------------------------------------------------------------------
---------------------------------------------------------------------
(1) (2) (3) (4) (5) (6)
---------------------------------------------------------------------
1212 0 11 5
1213 0 2 10
1214 0 7 0
1215 0 0 15
1216 0 0 15
1217 0 3 5
1218 0 4 10
1219 0 5 0
1220 0 7 5
1221 0 11 10
1222 0 4 0
1223 0 1 15
1225 0 12 15
1226 0 8 10
1227 0 7 15
1228 0 4 15
1229 0 1 0
1230 0 13 5
1231 0 7 5
1232 0 1 6
1233 0 4 15
1234 0 7 5
THE GAZETTE OF INDIA EXTRAORDINARY 9
1235 0 1 6
1236 0 2 5
1237 0 9 10
1238 0 1 18
1239 0 1 10
1240 0 8 15
1241 0 1 10
1242 0 1 15
1243 0 2 0
1247 0 5 0
(part)
Bounded by plot
No. 1248 on North
Plot No. 1246 on
South and Plot No.
1291 on East/Road.
1248 1 7 10
1249 0 0 13
---------------------------------------------------------------------
---------------------------------------------------------------------
(1) (2) (3) (4) (5) (6)
---------------------------------------------------------------------
1250 0 7 7
1251 0 8 0
1252 0 9 0
1253 0 12 10
1254 0 4 0
1255 0 2 0
1256 0 2 0
1257 0 2 10
1258 0 2 5
1259 0 1 10
---------------------------------
27 00 11
---------------------------------
Village Jalwanpur, 1 0 3 5
Pargana Haveli
Avadh. tehsil 2 1 1 0
Faizabad Sadar,
District Faizabad, 3 0 0 5
Uttar Pradesh. 4 1 9 15
5 0 0 10
6 0 19 0
7 0 2 15
8 0 4 15
9 1 10 10
10 0 0 10
11 0 3 0
12 0 14 5
13 0 10 0
14 0 0 10
15 0 15 15
THE GAZETTE OF INDIA EXTRAORDINARY 10
16 0 8 15
17 0 3 15
18 0 6 5
19 0 7 5
27 1 6 0
-----------------------
9 7 15
-----------------------
B.R. ATRE,
Joint Secretary to the Govt. of India.
--
Haider Ajaz
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