THE ACQUISITION OF CERTAIN AREA AT AYODHYA ACT, 1993
ACT No. 33 OF 1993
3rdApril, 1993
An Act to provide for the acquisition of certain area at Ayodhyaand for matters connected therewith or incidental thereto.
WHEREAS there has been a long-standingdispute relating to the structure (including the premises of the inner andouter courtyards of such structure), commonly known as the Ram Janma Bhumi-BabriMasjid, situated in village Kot Ramchandra in Ayodhya, in Paragon Haveli Avadh,in Tehsil Faizabad Sadar, in district of Faizabad of the State of UttarPradesh;
AND WHEREAS the said disputehas affected the maintenance of public order and harmony between differentcommunities in the country;
AND WHEREAS it is necessary tomaintain public order and to promote communal harmony and the spirit of commonbrotherhood amongst the people ofIndia;
AND WHEREAS with a view toachieving the aforesaid objectives, it is necessary to acquire certain areas inAyodhya;
BE it enacted by Parliament inthe Forty-fourth Year of the Republicof India as follows: -
CHAPTER - I
PRELIMINARY
1.Short title and commencement: (1) This act may be called theAcquisition of Certain area at Ayodhya Act, 1993.
(2) It shall be deemed to havecome 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 propertiescomprised therein) specified in the Schedule:
(b) 'authorizedperson' means a per or body of persons or trustees of any trust authorized bythe Central Government under section 7;
(c) 'Claims Commissioner' meansthe Claims Commissioner appointed under sub-section section (2) ofsection 8;
(d) 'prescribed'means prescribed by rules made under this Act.PgNo:129
CHAPTER II
ACQUISITION OF THE AREA IN AYODHYA
3.Acquisition of rights in respect ofcertain area: On and from the commencement of this Act, theright, 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 deemedto include all assets, rights, leaseholds, powers, authority and privileges andall property, movable and immovable, including lands, buildings, structures,shops of whatever nature or other properties and all other rights and interestsin, or arising out of, such properties possession, power or control of anyperson or the State Government of Uttar Pradesh, as the case may be, and allregisters, maps, plans, drawings and other documents of whatever naturerelating thereto.
(2) All properties aforesaidwhich have vested in the Central Government under section 3 shall, by force ofsuch 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 authorityrestricting the use of such properties in any manner or appointing any receiverin respect of the whole or any part of such properties shall cease to have anyeffect.
(3) If, on the commencement ofthis Act, any suit, appeal or other proceeding in respect of the right, titleand interest relating to any property which has vested in the CentralGovernment under section 3, is pending before any court, tribunal or otherauthority, the same shall abate.
5.Duty of persons or State Governmentin charge of the management of the area to deliver all assets etc: (1) The Central Government may take allnecessary steps to secure possession of the area which is vested in thatGovernment under section 3.
(2) On the vesting of the areain the Central Government under section 3, the person or State Government ofUttar Pradesh, as the case may be, in charge of the management of the areaimmediately before such vesting shall be bound to deliver to the CentralGovernment or the authorized person, all assets, registers and other documentsin their custody relating to such vesting or where it is not practicable todeliver such registers or documents, the copies of such registers or documentsauthenticated in the prescribed manner.
6.Power of Central Governmentto direct vesting of the area in another authority or body or trust: (1) Notwithstanding anythingcontained in sections 3,4,5, and 7, the Central Government may, if it issatisfies that any authority or other body, or trustees of any trust, set up onor after the commencement of this Act is or are willing to comply with suchterms and conditions as that Government may think fit to impose, direct by notification in theOfficial Gazette, part thereof, instead of continuing to vest in the CentralGovernment, vest in that authority or body or trustees of that trust either onthe date of the notification on such later date as may be specified in thenotification.
(2) When any right, title andinterest in relation to the area or part thereof vest in the authority or bodyor trustees referred to in sub-section section (1),
such rights of the CentralGovernment in relation to such area or part thereof, shall, on and from thedate of such vesting, be deemed to have become the rights of that authority orbody or trustees of that trust.
(3) The provisions of sections4,5,7 and 11 shall, so far as may be, apply in relation to such authority orbody or trustees as they apply in relation to the Central Government and forthis purpose references therein to the Central Government shall be construed asreferences to such authority or body or trustees.
CHAPTER III
MANAGEMENT AND ADMINISTRATION OF PROPERTY
7.Management of property by Government: (1) Notwithstanding anythingcontained in any contract or instrument or order of any court, tribunal orother authority to the contrary, on and from the commencement of this Act, theproperty vested in the Central Government under section 3 shall be managed bythe Central Government or by a person or body of persons or trustees of anytrust authorized by that Government in this behalf.
(2) In managing the propertyvested in the Central Government under section 3 the Central Government or theauthorized person shall ensure that the position existing before the commencement of this Act in the area on whichthe structure (including the premises of the inner and outer courtyards of suchstructure), commonly known as the Ram Janma Bhumi-Babri Masjid, stood invillage Kot Ramchandra in Ayodhya, in Pargana Haveli Avadh, in Tehsil FaizabadSadar, in the district of Faizabad of the State of Uttar Pradesh in maintained.
CHAPTER IV
MISCELLANEOUS
8.Payment of amount: (1) The owner of any land, building, structureor other property comprised in the area shall be given by the CentralGovernment, for the transfer to and vesting in that Government under section 3of that land, building, structure or other property, in cash an amountequivalent to the market value of the land, building, structure or otherproperty.
(2) The Central Governmentshall, for the purpose of deciding the claim of the owner or any person havinga claim against the owner under sub-section section (1), by notificationin the Official Gazette, appoint a Claims Commissioner.
(3) The Claims Commissionershall regulate his own procedure for receiving and deciding the claims.
(4) The owner or any personhaving a claim against the owner may make a claim to the Claims Commissionerwithin a period of ninety days from the date of commencement of this Act;
Provided that if the ClaimsCommissioner is satisfied that the claimant was prevented by sufficient causefrom preferring the claim within the said period of ninety days, the ClaimsCommissioner may entertain the claim within a further period of ninety days andnot thereafter. Pg. No:131
9.Act to override all otherenactments: The provisions of this Act shall have effectnotwithstanding anything inconsistent therewith contained in any other law forthe time being in force or any instrument having effect by virtue of any lawother that this Act or any decree or order of any court, tribunal or otherauthority.
10.Penalties:Any person who is in charge of the managementof the area and fails to deliver to the Central Government or the authorizedperson any asset, register or other document in his custody relating to sucharea or, as the case may be, authenticatedcopies of such register or document, shall be punishable with imprisonment fora term which may extend to three years or with fine which may extend to tenthousand rupees or with both.
11.Protectionof action taken in good faith: No suit, prosecution or other legal proceeding shall lie againstthe Central Government, or the authorised person or any of the officers orother employees of that Government orthe authorized person for anything which is in good faith done or intended tobe done under this Act.
12.Powerto make rules: (1) TheCentral Government may, by notification in the Official Gazette, make rules tocarry out the provisions of this Act.
(2) Every rule made by theCentral Government under this Act shall be laid, as soon as may be after it ismade, before each House of Parliament, while it is in session, for a totalperiod of thirty days which may be comprised in one session or in two or moresuccessive sessions, and if, before the expiry of the session immediatelyfollowing the session or the successive sessions aforesaid, both Houses agreein making any modification in the rule or both Houses agree that the ruleshould not be made, the rule shall thereafter have effect only in such modifiedform or be of no effect, as the case may be; so, however, that any suchmodification or annulment shall be without prejudice to the validity ofanything previously done under that rule.
13.Repealand saving: (1)Subject to the provisions of sub-section-section (2), theAcquisition of Certain Area at Ayodhya Ordinance, 1993,(Ord.8 of 1993)is hereby repealed.
(2) Notwithstanding anythingcontained in the said Ordinance, -
(a) theright, title and interest in relation to plot No.242 situated in villageKot Ramchandra specified against Sl. No;1 of theSchedule to the said Ordinance shall be deemed never to have been transferredto, and vested in, the Central Government;
(b) any suit, appeal or otherproceeding in respect of the right, title and interest relating to the saidplot 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 deemedto have been restored to the position existing immediately before thecommencement of the said Ordinance;
(c) anyother action taken or thing done under that Ordinance in relation to the saidplot No.242 shall be deemed never to have been taken or done.
(3) Notwithstanding suchrepeal, anything done or any action taken under the said Ordinance shall bedeemed to have been done or taken under the corresponding provisions of thisAct.
THE SCHEDULE
[Seesection 2 (a)]
DESCRIPTION OF THE AREA
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Sl. Nameof Village/ Revenue(Khasra) Area to beAcquired
No. Pargana/Tehsil/ PlotNos: ------------------------------
District/State Bigha Biswa Biswansi
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(1) (2) (3) (4) (5) (6)
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1.Village Kot Ramchandra, 143 0 9 0
Pargana 144 0 xzZ7 0
Haveli Avadh, tehsil 145 0 8 0
Faizabad Sadar, 146 1 6 7
District Faizabad, 147 5 8 0
Uttar Pradesh. 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
185 0 7 5
186 0 6 10
187 0 7 0
188 0 18 15
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)
Boundedby plot
No.222, onSouth
Plot.No.205on
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
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
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)
Boundedon the North
Partlyby 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)
Boundedby plot No.
238on 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 1105 0 7 14
Avadh,tehsil Faizabad 1106 0 6 2
Sadar,District 1107 0 14 14
Faizabad,Uttar Pradesh. 1108 0 4 3
1109 0 3 0
1110 0 4 5
1111 0 12 15
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
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)
Boundedby plot
No.1203on East,
PlotNo.1151 on
West and plot No.
1167 on South.
1206 0 7 0
1210 0 1 5
1211 0 2 5
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 7 0
1220 0 5 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
1235 0 1 6
1236 0 2 5
1237 0 9 10
1238 0 7 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)
Boundedby Plot
No.1248on North
plot No.1246 on
South and plot No.
1291 on East/Road.
1248 1 7 10
1249 0 0 13
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
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27 00 11
-------------------------------
3. Village Jalwanpur,
ParganaHaveli
Avadh, tehsil
FaizabadSadar, 1 0 3 5
DistrictFaizabad, 2 1 1 0
UttarPradesh. 3 0 0 5
4 1 9 15
5 0 0 10
6 0 19 0
7 0 2 15
8 0 4 15
9 0 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
16 0 8 15
17 0 3 15
18 0 6 5
19 0 7 5
27 1 6 0
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9 7 15
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