THE PLACES OF WORSHIP (SPECIAL PROVISIONS) ACT 1991
NO. 42 OF 1991
[18th September, 1991.]
An Act to prohibit conversion of any place of worship and to provide
for the maintenance of the religious character of any place of worship
as it existed on the 15th day of August, 1947, and for matters
connected therewith or incidental thereto.
BE it enacted by Parliament in the Forty-second Year of the
Republic of India as follows:--
1.
Short title, extent and commencement.
1. Short title, extent and commencement. (1) This Act may be
called the Places of Worship (Special Provisions) Act, 1991.
(2) It extends to the whole of India except the State of Jammu
and Kashmir.
(3) The provisions of sections 3, 6 and 8 shall come into force
at once and the remaining provisions of this Act shall be deemed to
have come into force on the 11th day of July, 1991.
2.
Definitions.
2. Definitions. In this Act, unless the context otherwise
requires,--
(a) "commencement of this Act" means the commencement of
this Act on the 11th day of July, 1991;
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(b) "conversion", with its grammatical variations, includes
alteration or change of whatever nature;
(c) "place of worship" means a temple, mosque, gurudwara,
church, monastery or any other place of public religious worship
of any religious denomination or any section thereof, by whatever
name called.
3.
Bar of conversion of places of worship.
3. Bar of conversion of places of worship. No person shall
convert any place of worship of any religious denomination or any
section thereof into a place of worship of a different section of the
same religious denomination or of a different religious denomination
or any section thereof.
4.
Declaration as to the religious character of certain places of worshipand bar
of jurisdiction of courts, etc.
4. Declaration as to the religious character of certain places of
worship and bar of jurisdiction of courts, etc. (1) It is hereby
declared that the religious character of a place of worship existing
on the 15th day of August, 1947 shall continue to be the same as it
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The Place of Worship(Special Provisions) Act, 1991
existed on that day.
(2) If, on the commencement of this Act, any suit, appeal or
other proceeding with respect to the conversion of the religious
character of any place of worship, existing on the 15th day of August,
1947, is pending before any court, tribunal or other authority, the
same shall abate, and no suit, appeal or other proceeding with respect
to any such matter shall lie on or after such commencement in any
court, tribunal or other authority:
Provided that if any suit, appeal or other proceeding, instituted
or filed on the ground that conversion has taken place in the
religious character of any such place after the 15th day of August,
1947, is pending on the commencement of this Act, such suit, appeal or
other proceeding shall be disposed of in accordance with the
provisions of sub-section (1).
(3) Nothing contained in sub-section (1) and sub-section (2)
shall apply to,--
(a) any place of worship referred to in the said sub-
sections which is an ancient and historical monument or an
archaeological site or remains covered by the Ancient Monuments
and Archaeological Sites and Remains Act, 1958 (24 of 1958.) or
any other law for the time being in force;
(b) any suit, appeal or other proceeding, with respect to
any matter referred to in sub-section (2), finally decided,
settled or disposed of by a court, tribunal or other authority
before the commencement of this Act;
(c) any dispute with respect to any such matter settled by
the parties amongst themselves before such commencement;
(d) any conversion of any such place effected before such
commencement by acquiescence;
(e) any conversion of any such place effected before such
commencement which is not liable to be challenged in any court,
tribunal or other authority being barred by limitation under any
law for the time being in force.
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5.
Act not to apply to Ram Janma BhumiBabri Masjid.
5. Act not to apply to Ram Janma BhumiBabri Masjid. Nothing
contained in this Act shall apply to the place or place of worship
commonly known as Ram Janma Bhumi-Babri Masjid situated in Ayodhya in
the State of Uttar Pradesh and to any suit, appeal or other proceeding
relating to the said place or place of worship.
6.
Punishment for contravention of section 3.
6. (1) Punishment for contravention of section 3. Whoever
contravenes the provisions of section 3 shall be punishable with
imprisonment for a term which may extend to three years and shall also
be liable to fine.
(2) Whoever attempts to commit any offence punishable under sub-
section (1) or to cause such offence to be committed and in such
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The Place of Worship(Special Provisions) Act, 1991
attempt does any act towards the commission of the offence shall be
punishable with the punishment provided for the offence.
(3) Whoever abets, or is a party to a criminal conspiracy to
commit, an offence punishable under sub-section (1) shall, whether
such offence be or be not committed in consequence of such abetment or
in pursuance of such criminal conspiracy, and notwithstanding anything
contained in section 116 of the Indian Penal Code, (45 of 1860.) be
punishable with the punishment provided for the offence.
7.
Act to override other enactments.
7. Act to override 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.
8.
Amendment of Act 43 of 1951.
8. Amendment of Act 43 of 1951. In section 8 of the
Representation of the People Act, 1951, in subsection (1),--
(a) in clause (i), the word "or" shall be inserted at the
end;
(b) after clause (i), as so amended, the following clause
shall be inserted, namely:--
"(j) section 6 (offence of conversion of a place of
worship) of the Places of Worship (Special Provisions) Act,
1991,".
V. S. RAMA DEVI,
Secy. to the Govt. of India.