LexThe UTTAR PRADESH SHREE AYODHYA JEE TEERTH VIKAS PARISHAD
Uttar Pradesh · state statute
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THE UTTAR PRADESH SHREE AYODHYA JEE TEERTH VIKAS
PARISHAD ACT, 20231
[U.P. Act no. 23 of 2023]
[As passed by the Uttar Pradesh in pursuance of the
provisions of clause (3) of Article 348 of the Constitution of India,
the Governor is pleased to order the publication of the following
English translation of the Uttar Pradesh Shree Ayodhya Jee Teerth
Vikas Parishad Adhiniyam, 2023 (Uttar Pradesh Adhiniyam
Sankhya 23 of 2023) as passed by the Uttar Pradesh Legislature
and assented to by the Governor on December 7, 2023 and was
published in the U.P. Gazette Extra ordinary dated December 8,
2023.]
AN
ACT
to provide for the constitution of Shree Ayodhya Jee
Teerth Vikas Parishad for the preparation of a plan for
preserving, developing and maintaining the aesthetic quality of
Ayodhya Heritage in all hues -cultural, e cological and
architectural; co -ordinating and monitoring the implementation
of such plan and for evolving harmonized policies for integrated
tourism development and heritage conservation and management
in the region; giving advice and guidance to any
Department/Local body/Authority in the District of Ayodhya in
respect of any plan, project or any development proposal which
affects or is likely to affect the heritage resources of the Ayodhya
region and for matters connected therewith or incidental thereto.
I
T IS HEREBY enacted in the Seventy -fourth Year of the
Republic of India as follows :–
CHAPTER I
Preliminary
Short title,
extent and
commencement
1. (1) This Act may be called the Uttar Pradesh Shree Ayodhya
Jee Teerth Vikas Parishad Act, 2023.
(2) It extends to the Ayodhya region situated within the revenue
District of Ayodhya in Uttar Pradesh.
(3) It shall come into force on such date as the State
Government may, by notification in the Gazette, appoint.
Definitions 2. In this Act, unless the context otherwise requires,-
(a) “Ayodhya Region” means the whole of the area within
the revenue district of Ayodhya in Uttar Pradesh;
(b) “Chief Executive Officer” means the Chief Executive
Officer of the Parishad appointed under section 4;
(c) “Executive Committee” means the Executive Committee
constituted under sub-section (1) of section 5;
1. For SOR see at the end of this Act.
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(d) “Executive Vice -Chairperson” means the Executive Vice -
Chairperson of the Parishad appointed under section 4;
(e) “Implementing agency” means a department of the State
Government or a Local Body in Ayodhya district or a public
undertaking under the jurisdiction of the State Gove rnment or
the Government of India chosen for preparation and/or
implementation of any Project plan;
(f) “Land” includes benefits to arise out of land and things
attached to the earth or permanently fastened to anything
attached to the earth;
(g) “Local body” means a Development Authority, Municipal
Body or any other local authority concerned with the urban
development of the Ayodhya region or any Gram Panchayat;
(h) “Member” means a member of the Parishad or the
Planning and Development Committee and includ es the
Chairperson there of;
(i) “Parishad" means the Shree Ayodhya Jee Teerth Vikas
Parishad constituted under section 3;
(j) “Participating Department” means the State Government
Department or a Local Body in Ayodhya District whose activities
have or are likely to have bearing on the functions of the
Parishad;
(k) "Plan" means the Shree Ayodhya Jee Teerth Vikas Plan;
(l) “Planning and Development Committee” means the
Planning and Development Committee constituted under
section 6;
(m) “Prescribed” means prescribed by rules made under this
Act;
(n) “Project Plan” means a detailed plan prepared to
implement one or more elements to the Plan;
(o) “Regulations” means regulations made by the Parishad
under this Act;
(p) “Shree Ayodhya Jee Teerth Vikas Plan” mean s the plan
prepared under this Act for the development of the Ayodhya
region and for the development of infrastructure facilities for
tourism and conservation of the Heritage, both tangible and
intangible, in Ayodhya region.
CHAPTER II
THE SHREE AYODHYA JEE TEERTH VIKAS PARISHAD
Constitution
and
incorporation
of the
Parishad
3. (1) The State Government shall, by notification in the Gazette,
constitute for the purpose of this Act, a Parishad, to be called the Shree
Ayodhya Jee Teerth Vikas Parishad.
(2) The Parishad shall be a body corporate.
(3) The Parishad shall consist of the following members,
namely:-
(a) the Chief Minister, Uttar Pradesh who shall be the
Chairperson of the Parishad;
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(b) Vice-Chairperson- The Minister of Tourism Department
Government of Uttar Pradesh.
(c) Executive Vice-Chairperson-Appointed by Government of
Uttar Pradesh.
(d) Member Co -ordinator & The Principal Secretary to
Govern-ment of Uttar Pradesh in the Department of Tourism, ex
officio;
(e) The Principal Secretary to the Government of Uttar
Pradesh in the Department of Housing and Urban Planning, ex
officio;
(f) The Principal Secretary to the Government of Uttar
Pradesh in the Department of Finance, ex officio;
(g) The Principal Secretary to the Government of Uttar
Pradesh in the Department of Culture, ex officio;
(h) The Principal Secretary to the Government of Uttar
Pradesh in the Department of Religious Affairs, ex officio;
(i) The Principal Secretary to the Gov ernment of Uttar
Pradesh in the Department of Urban Development, ex officio;
(j) The Principal Secretary to the Government of Uttar
Pradesh in the Department of Transport, ex officio;
(k) The Principal Secretary to the Government of Uttar
Pradesh in the De partment of Environment, Forest and Climate
change, ex officio;
(l) The Principal Secretary to the Government of Uttar
Pradesh in the Department of Public Works, ex officio;
(m) The Commissioner, Ayodhya Division, Ayodhya, ex officio;
(n) The District Magistrate, Ayodhya, ex officio;
(o) The Chief Town and Country Planner, Uttar Pradesh,
ex officio;
(p) The Chief Executive Officer of the Parishad who shall be
the Member-Secretary.
(q) The Vice Chairperson, Ayodhya- Development Authority,
Ayodhya, ex officio;
(r) the Municipal Commissioner, Ayodhya Nagar Nigam,
ex officio
(s) five eminent persons having knowledge, experience,
exposure and track record of efforts for the conservation of
heritage of Ayodhya region, to be nominated by the Chairperson
in consultation with the State Government;
(t) donors who make a donation of Rs. Ten crore or more
shall be eligible to be considered as a nominated member after
the approval of the Parishad.
(4) The terms and conditions of office of the members
nominated under clause (p) and (q) of sub -section (3) shall be
such as may be prescribed.
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The Executive
Vice-
Chairperson
and The Chief
Executive
Officer
4. (1) There shall be an Executive Vice -Chairperson of the
Parishad to be appointed by the State Government.
(2) There shall be the Chief Ex ecutive Officer of the Parishad to
be appointed by the State Government from amongst the officers not
below the rank of Special Secretary of the State Government.
(3) The Chief Executive Officer shall be the officer of the
Parishad and all the officers and employees appointed by the Parishad
shall be under the administrative control of the Chief Executive
Officer.
(4) The Executive Vice -Chairperson and the Chief Executive
Officer shall be entitled to receive from the fund of the Parishad such
salaries and allowances and be governed by such conditions of service
as may be determined by general or special order of the State
Government in this behalf.
(5) All orders and decisions and other instruments of the
Parishad shall be authenticated by the signature of t he Chief
Executive Officer.
The Executive
Committee
5.(1) There shall be an Executive Committee to exercise the
powers and the functions of the Parishad in the event of an emergent
or other time -sensitive matters when it is not practicable to assemble
the entire Parishad. The Executive Committee shall comprise of all the
ex-officio members of the Parishad and shall be chaired by the Chief
Secretary.
(2) The Parishad shall, in its next meeting, review the minutes
of the Executive Committee and may modify, reject or ratify the action
taken by the Executive Committee.
Composition
of the
Planning and
Development
Committee
6.(1) The Parishad shall, as soon as may be after the
commencement of this Act, constitute a Planning and Development
Committee, for assisting the Parishad in the discharge of its functions.
(2) The Planning and Development Committee shall consist of
the following members, namely:-
(a) the commissioner, Ayodhya, who shall be the
Chairperson, ex officio;
(b) the Chief Executive Officer, who shall be the member
secretary;
(c) the Senior Superintendent of Police, Ayodhya, ex
officio;
(d) the Vice- Chairperson, Ayodhya Development
Authority, Ayodhya, ex officio;
(e) the Municipal Commissioner, Ayodhya Nagar Nigam ,
ex- officio;
(f) the Chief Executive Officer Cantonment Parishad,
Ayodhya or his nominee not below rank of the Captain in the
Army, ex officio;
(g) the Associate Planner, Town and Country Planning,
Ayodhya Division, Ayodhya, ex officio;
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(h) the Chairperson of every Local Body in the Ayodhya
District, ex officio;
(i) the Chief Engineer, Ayodhya Development Authority,
Ayodhya, ex officio;
(j) the Superintending Engineer, Public Works Depart -
ments, Ayodhya, ex officio;
(k) the Superintending Engineer, Jal Shakti Department,
Ayodhya, ex officio;
(l) the Superintending Engineer, Dakshinanchal Vidyut
Vitran Nigam Limited (Urban and Rural), Ayodhya, ex officio;
(m) the Superintending Engineer, Uttar Pradesh Jal
Nigam, Ayodhya, ex officio;
(n) the Divisional Forest Officer, Ayodhya, ex officio;
(o) t he Regional Officer, Pollution Control Parishad,
Ayodhya, ex officio;
(p) the Superintendent Archaeologist, Ayodhya, ex officio;
(q) the Regional Tourist Officer, Ayodhya, ex officio;
(r) the Deputy Director Government Museum, Ayodhya,
ex- officio;
(s) a Landscape Designer and interpretive planner, to be
nominated by the State Government;
(t) an Environmentalist having experience of Ayodhya
region, to be nominated by the State Government;
(u) an Eminent historian having experience in the cultural
and mythological history of Ayodhya Region, to be nominated
by the State Government;
(v) a Litterateur or an Artist of repute having experience of
the Ayodhya region, to be appointed by the State
Government;
(w) an Eminent lawyer, to be appointed by the Sta te
Government;
(x) two eminent public representative or Social Worker, to
be appointed by the State Government;
(3) The terms and conditions of office of the members
nominated under clauses (s), (t), (u), (v), (w) and (x) of sub - section (2)
shall be such as may be prescribed.
Power to
co-opt
7. (1) The Parishad or the Planning and Development
Committee may meet at any time and for such period as it thinks fit,
co-opt any person or persons as a member or members of the Parishad
or of the Planning and Development Committee.
(2) A person co -opted under sub- section (1) shall exercise and
discharge all the powers and functions of a member of the Parishad or
of the Planning and Development Committee, as the case may be, but
shall not be entitled to vote.
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Headquarters
of the
Parishad
8. The headquarter of the Parishad shall be at Ayodhya.
Meetings of
the Parishad
9. The Parishad shall meet at such times and at such place as
may be determined by the Parishad from time to time.
Meetings of
the Planning
and
Development
Committee
10. The Planning and Development Committee shall meet at
such times as may be decided by the Chairperson of the Planning and
Development Committee or directed by the Vice -Chairperson of the
Parishad but the time between two consecutive meetings shall not
exceed sixty days.
Vacancies,
etc. not to
invalidate
proceedings of
the Parishad
of the
Planning and
Development
Committee
11. No act or proceeding of the Parishad or of the Planning and
Development Committee shall be invalid merely by reason of the
existence of any vacancy in, or any defect in the constitution of the
Parishad or the Planning and Development Committee as the case may
be.
Quorum of the
meeting
12. The quorum for the meetings of the Parishad and the
Planning and Development Committee shall comprise of one half of the
members.
CHAPTER III
POWERS AND FUNCTIONS OF THE PARISHAD AND OF THE PLANNING
AND DEVELOPMENT COMMITTEE
Powers of the
Parishad
13. The powers of the Parishad shall include the powers to-
(a) call for reports and information from the Participating
Departments with regard to preparation, enforcement an d
implementation of the Plan and the Projects;
(b) ensure that the preparation, enforcement and
implementation of the Plan or the Project, as the case may be,
is in conformity with the Ayodhya Culture and Architecture;
(c) indicate the stages for the implementation of the Plan;
(d) review the implementation of the Plan and the Projects;
(e) select and approve comprehensive projects from the
participating Departments, call for priority development and
provide such assistance for the implementation of those
projects as the Parishad may deem fit;
(f) levy fee or charges for providing services and facilities
or for maintenance and development thereof from the tourists;
(g) suo-moto take up any work/project in order to promote
and secure the development, re-development and beautification
of any area in the entire Ayodhya region;
(h) select an Implementing Agency for preparation and
implementation of any Project plan;
(i) entrust to the Planning and Development Committee
such other functions as it may consider necessary to carry out
the provisions of this Act.
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Functions of
the Parishad
14. The functions of the Parishad shall be-
(a) to prepare the Plan;
(b) to arrange for the preparation of projects by any of the
Participating Departments;
(c) to co-ordinate the enforcement and implementation of
the Plan and the Projects through any one or more of the
Participating Departments or Implementing Agencies;
(d) to ensure pr oper and systematic programming by the
participating departments in regard to project formulation,
determination of priorities in the Ayodhya region and phasing
of development of infrastructural facilities for tourism and
conservation of the Ayodhya Herita ge in accordance with
stages indicated in the Plan;
(e) to make concerted efforts towards enhancing
awareness and interest in intangible cultural heritage, and
document, conserve, safeguard, promote, display and
disseminate it systematically;
(f) to undertake an d encourage research in the field of
heritage of the region,
(g) to undertake conservation and development of rivers
and water bodies and their catchments in the Ayodhya Region,
to undertake measures for pollution control therein and
development of river fronts and water bodies;
(h) to formulate Architectural Regulations to bring about
uniformity of the buildings and structures in conformity with
the heritage architecture of the region;
(i) to formulate policies to ensure co -ordination between
various stakeholders- Government Departments, Local Bodies,
Temple Management/Trusts, Self Help Groups, Researchers
and Scholars for integrated development of tourism
infrastructure and Activities/projects for strengthening,
protecting, preserving and promoting the rich cultural h eritage
of the Ayodhya region;
(j) to arrange for, and oversee, the financing of selected
development projects in the Ayodhya region through State
funds and other sources of revenue like funds from Temple
Trusts, donations, Non -Government Organization, compan y/
firms and tourists, etc.
(k) to coordinate with authorities in adjoining regions in
matters and activities there that have or may have a bearing in
Ayodhya region to promote harmony in actions.
Functions of
the Planning
and
Development
Committee
15. (1) The functions of the Planning and Development
Committee shall be to assist the Parishad in-
(a) the preparation and co -ordinated implementation of
the Plan and the Projects;
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(b) scrutinizing the projects of the Participating Department
or an Implementing Agency to ensure that the same are in
conformity with the Plan;
(c) make such recommendations to the Parishad as it may
think necessary to amend or modify any Plan;
(d) co-ordinate and Implement different Project at the
District level;
(e) perform such other functions, in connection with the
administration of this Act, as may be entrusted to it by the
Parishad.
2. Different Government departments in the District having
departmental budget sanctions and other implementing Agencies shall
also co -ordinate with the Planning and Development Committee to
ensure convergence and co -ordination of their schemes/Projects with
those which are under the Plan.
CHAPTER IV
THE PLAN AND THE PROJECT PLANS
Contents of
Plan
16. (1) The Plan shall be a written statement and shall be
accompanied by such maps, diagram s, illustrations, and descriptive
matters, as the Parishad may deem appropriate for the purpose of
explaining or illustrating the proposals contained in the Plan and every
such maps, diagrams, illustration, and descriptive matters shall be
deemed to be a part of the Plan;
(2) The Plan shall indicate the manner in which the
development activities in the Ayodhya Region or conservation and such
other matters, as are likely to have any important influence on the
development of the tourism in Ayodhya Region and conservation of
Ayodhya Heritage shall be undertaken. The Plan shall include the
following elements needed to achieve objectives of the Plan, namely-
(a) the policy to regulate land -use and the allocation of
land for different uses;
(b) the proposals for major Urban settlement pattern and
architectural regulations;
(c) the proposals for providing suitable economic base for
future growth;
(d) the proposals regarding transport and communication
including railways and arterial roads serving the region
including local transport;
(e) the proposal for the supply of urban services like
drinking water, sewerage and drainage;
(f) indication of the areas which require immediate
development as priority areas;
(g) the proposals towards enhancing awareness and
interest in intangible cultural heritage, and document,
conserve, safeguard, promote, display and disseminate it
systematically;
(h) such other matter as may be included by the Parishad
in consultation with the concerned participating
departments for the prop er planning for the growth and
balanced development of the Ayodhya Region.
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Surveys and
Studies
17. For the preparation of the Plan, the Parishad may cause
such surveys and stud ies as it may consider necessary to be made by
such participating development or persons as it may appoint in this
behalf and may also associate such experts or consultants for carrying
out studies in relation to such specific matters as may be determined
by it.
Procedure to
be followed for
preparation of
the Plan
18. (1) Before finalising the Plan, the Parishad shall prepare
with the assistance of the Planning and Development Committee a
Plan in draft and publish it by making a copy thereof available for
inspection and publishing a notice in such form and in such manner
as may be prescribed inviting objections and suggestions from any
person with respect to the draft Plan before such date as may be
specified in the notice.
(2) The Parishad shall also give
reasonable opportunities to
every Local Authority/ Department, within whose local limits any land
affected in any manner by the Plan is situated, to make any
representation with respect to the draft Plan.
(3) After considering all objections, suggestions and
representations that have been received by the Parishad, the Parishad
shall finally prepare the Plan.
Date of coming
into operation
of the Plan
19. Immediately after the Plan has been finally prepared, the
Parishad shall publish, in such manner as may be prescribed, a notice
stating that the Plan has been finally prepared by it and naming the
places where a copy of the Plan may be inspected at all reasonable
hours and upon the date of first publication of the aforesaid notice, the
Plan shall come into force and will be deemed to have been duly
prepared.
Modifications
of the Plan
20. (1) The Parishad may, subject to the provisions of sub -
section (2) make such modifications in the Plan , as it may think fit,
which in its opinion do not affect important c haracter of the Plan and
which do not relate to the extent of land uses or the standards of
population density.
(2) Before making any modification in the finally prepered plan
the Parishad shall publish a notice in such form and in such manner
as may be pr escribed indicating therein the modifications which are
proposed to be made in the finally prepared Plan, and inviting
objections and suggestions from any person with respect to the
proposed modifications before such date as may be specified in the
notice and shall consider all objections and suggestions that may be
received by it on or before the date so specified.
(3) Every modification made under this section shall be
published in such manner as the Parishad may specify and the
modification shall come in to operation either on the date of such
publication or on such later date as the Parishad may fix.
(4) If any question arises whether the modification proposed to
be made are modifications which affect important character of the
Plan, it shall be decided b y the Parishad whose decision thereon shall
be final.
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Review and
revision of the
Plan
21. (1) After every five years from the date of coming into
operation of the finally prepared Plan, the Parishad shall review such
Plan in its entirety and may, after such review, substitute it by a
fresh Plan or may carry out such modifications or alterations therein
as may be found by it to be necessary.
(2) Where it is proposed to substitute the Plan with a fresh
Plan or where it is proposed to carry out any modification or
alteration, such fresh Plan or, as the case may be, modifications or
alterations, shall be published and dealt with in the same manner as
if it were the Plan referred to in section 18 and 19 or as if they were
the modifications or alterations in the plan made under section 20.
Preparation of
the Project
Plan, co-
ordination and
convergence
22. (1) A participating department may, by itself or in
collaboration with one or more of the participating departments, as
the case may be, prepare Project Plans for one more elements of the
Plan.
(2) Various participating departments in the district receiving
grants, loans or budget sanctioned by the State Government, shall
ensure convergence/co -ordination of their departmental schemes
with the schemes/projects under the Plan.
CHAPTER V
FINANCE, ACCOUNTS AND AUDIT
Grants,
advances and
loans by the
Government
23. The State Government may, after due appropriation made
by Legislature by law in this behalf, make to the Parishad grants,
advances and loans of such sums of money as it may consider
necessary to enable the Parishad to carry out its functions under this
Act.
Constitution of
the fund
24. (1) There shall be constituted a Fund to be called the
Shree Ayodhya Jee Vikas Parishad Fund, to be maintained in a
separate bank account of its own and there shall be credited thereto-
(a) any grants or loans made to the Parishad by the State
Government under section 23;
(b) all sums paid to the Parishad by the participating
departments; and
(c) sums received from other sources such as Temple
Trusts, donatio ns from Non -Government Organization,
companies, firms and individuals, etc; and
(d) any other sums received by the Parishad from such
other sources as may be decided upon by the State
Government in consultation with the Parishad.
(2) The sums credited to the Fund referred to in sub -section
(1) shall be applied for-
(a) meeting the salaries, allowances and other
remuneration of the Executive Vice- Chairperson, Chief
Executive Officer, Additional Chief Executive Officer, the
Finance Officer and other officer s and employees of the
Parishad and for meeting other administrative expenses of the
Parishad;
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(b) conducting surveys, preliminary studies and drawing
up plans/projects for the Ayodhya Region;
(c) providing financial assistance to the participating
departments and Implementing Agencies for the
implementation of the Plan and the projects subject to
such terms and conditions as may be decided by the
Parishad;
(d) meeting any other expenses incurred by the Parishad
in the administration of this Act.
Budget 25. The Parishad shall prepare in such from and at such time
every year , as the State Government may specify, a budget for the
next ensuing financial year and forward the same to the State
Government at least ninety days prior to the commencement of the
financial year.
Annual Report 26. The Parishad shall prepare for every year a report of its
activities during that year and submit the report to the State
Government in such form and on or before such date as the State
Government may specify and such report shall be laid before both
Houses of the State Legislature.
Accounts and
audit
27. (1) The Parishad shall maintain proper accounts and
other relevant records and prepare an annual statement of accounts
including the balance sheet in such form as the State Government
may specify.
(2) The accounts of the Parishad shall be sub ject to audit
annually by the Examiner, Local fund Accounts and/or the State
Government may entrust the audit to the Accountant General, Uttar
Pradesh or the Comptroller and Auditor General of India or to any
other Auditor on such terms and conditions, in such manner, for
such period and at such times as may be agreed upon between him
and the State Government.
(3) The rights, authority and privileges of any person
conducting audit under sub-section (2) shall,
(a) in the case of Examiner, Local Fund Accounts, be the
same as he has in connection with the audit of the accounts
of local authority;
(b) in the case of the Accountant General, Uttar Pradesh
or, as the case may be, the Comptroller and Auditor General
of India, be the same as he has in connection with the audit of
Government accounts; and
(c) in the case of any other auditor, be as prescribed;
(4) The Parishad shall furnish, to the State Government
annually or at such times as may be directed by it, a copy of its
audited accounts together with the auditor’s report thereon.
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Annual report
and Auditor’s
report to be
laid before the
State
Legislature
28. (1) The State Government shall cause the annual report
and the auditor’s report to be laid as soon as may be after their
receipts, before each House of the State Legislature while it is in
session.
(2) The E xecutive Vice -Chairperson shall constitute a
technical team in consultation with the Principal Secretary/
Secretary of such departments as are members of the Parishad
comprising experts of different fields. The team will examine from
time to time the works done by the Parishad and submit its report to
the Executive Vice-Chairperson.
Acquisition of
land for the
purpose of the
Bill
No change of
purpose
allowed
Return of
unutilized land
CHAPTER VI
ACQUISITION AND DISPOSAL OF LAND
29. (1) If, in the opinion of the State Government, any land is
required for the purpose of the development or for any other purpose
under this Act, the State Government may acquire such land under
the provisions of the Rights to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [Act
no. 30 of 2013].
(2) Where any land has been acquired by the State
Government, it may, after it has taken possession of the land,
transfer the land to the Parishad for the purpose for whi ch the land
has been acquired on payment by the Parishad of the compensation
awarded under the Act referred to in sub section (1) and of the
charges incurred by the State Government in connection with the
acquisition.
(3) Subject to any directions given by the State Government in
this behalf, the land acquired by the State Government and
transferred to the Parishad may be transferred by the Parishad to
such agency owned or controlled by State Government, in such
manner and subject to such terms and conditio ns as it may consider
expedient for securing the development of the Ayodhya region after
undertaking or carrying out such development as it thinks fit for the
purpose of this Act.
30. No change of purpose or related purposes for which land
is originally so ught to be acquired shall be allowed except for as
provided in the Act referred to in sub section (1) of section 29.
31. When any land acquired for the purpose of this Act
remains unutilized it shall be disposed of according to the provisions
of the Act referred to in sub-section (1) of section 29.
Provisions to
be in addition
to existing laws
Power of the
State
Government to
give directions
CHAPTER VII
Miscellaneous
32. The Provision of this Act shall be in addition to, and not in
derogation of, th e provisions of any other Act or law for the time
being in force.
33. The State Government may, from time to time, give such
directions to the Parishad as it may think fit for the efficient
administration of this Act and the Parishad shall be bound to comp ly
with such directions.
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Technical
Assistances to
the
Parishad/Plann
-ing and
Development
Committee
34. (1) The State Government may direct any of its
departments to provide, on such terms and conditions as may be
mutually agreed upon, such technical assistance to the Parishad as it
may consider necessary.
(2) With a view to enabling the Planning and Development
Committee to discharge its functions, the Parishad shall, out of the
technical assistance received by it under sub -section (1) make
available to the Planning and Development Committee such technical
assistance as the Planning and Development Committee may require.
Officers and
employees of
the Parishad
35. (1) The State Government may appoint two suitable
persons respectively as Additional Chief Executive Officer and the
Finance Officer of the Parishad who shall exercise such powers and
perform such duties as may be prescribed by regulations or delegated
to them by the Parishad or the Chief Executive Officer.
(2) Subject to such control and restrictions as may be
determined by general or special order of the State Government, the
Parishad may, subject to any rules that may be made in this behalf,
make appointments on such post and determine the designations
and grades of persons so appointed as may be necessary for the
efficient discharge of its functions under this Act.
(3) There shall be a legal advisor to advise the Parishad in
legal matters, who shall be appointed in consultation with the law
department of the State Government.
(4) The qualifications, terms and conditions of service and
functions and duties of officers and employees, appointed under sub-
section (2), shall be such as may be prescribed.
(5) The Additional Chief Executive Officer, the Finance Officer
and other Officers and employees of the Parishad shall be entitled to
receive from the Fund of the Parishad such salaries and allowances
as may be determined by the State Government in this behalf.
Delegation
36. The Parishad may, by general or special order, direct that
any function or power (other than the power to approve the Plan,
modifications and alterations therein and to make regula tions), or
duty performed, exercised or discharged by it under this Act or the
rules made thereunder shall, subject to such conditions, if any, as
may specified in such order, be performed, exercised or discharged
also by such officer as may be specified i n the said order and where
any such delegation of power is made, the officer to whom such
power is delegated shall perform, exercise or discharge those powers.
Power of entry
37. Subject to any rules made in this behalf, any person
generally or specially authorized by the Parishad in this behalf, may,
at all reasonable times, enter upon any land or premises and do such
things thereon as may be necessary for the purpose of lawfully
carrying out any works or for making any survey, examination or
investigation, preliminary or incidental to the exercise of any power or
performance of any function by the Parishad under this Act:
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Provided that no such person shall enter any building or any
enclosed courtyard or garden attached to a dwelling - house without
previously giving the occupier thereof at least three days’ notice in
writing of his intention to do so.
Officers and
employees of
the Parishad to
be public
servants
38. The Officers and other employees of the Parishad shall be
deemed, when acting or purporting to act in pursuance of any of the
provisions of this Act, to be public servants within the meaning of
section 21 of the Indian Penal Code [Act No. 45 of 1860].
Protection of
action taken in
good faith
39. No suit, prosecution or other legal proceeding shall lie
against the Parishad, Planning and Development Committee, their
Members, officers or employees including any other person
authorized by them to exercise a ny power or to discharge any
function under this Act for anything which is done or intended to be
done in good faith under this Act.
Power to make
rules
40. (1) The State Government may, by notification in the
Gazette, make rules to carry out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing powers
such rules may provide for all or any of the following matters,
namely:-
(a) the terms and conditions of the office of the members
as required by sub -section (4) of section 3 and sub section (3)
of section 6;
(b) the form and manner in which notice und er sub -
section (1) of section 18 and sub section (2) of section 20 shall
be published;
(c) the manner in which notice und er sub -section (1) of
section 19 shall be published;
(d) any other matter which is to be or may be prescribed or
in respect of which provision is to be, or may be made by rules.
Power to make
regulations
41. (1) The Parishad may, with the previous approval of the
State Government by notification in the Gazette make regulations not
inconsistent with this Act and the rules made thereunder to carry out
the provisions of this Act.
(2) In particular and without prejudice to the generality of the
foregoing powers such regulations may provide for all or any of t he
following matters, namely:-
(a) the manner in which and the purpose for which the
Parishad may associate with itself any person under
section 16;
(b) the terms and conditions of service of the officers and
employees of the Parishad under sub section (4) of section 34;
(c) any other matter in respect of which provision is to be,
or may be made by Regulations.
Dissolution of
the Parishad
42. (1) Where the State Government is satisfied that the
purpose for which the Parishad was established under this A ct have
been substantially achieved or the Parishad has failed in its
objectives, so as to render the continued existence of the Parishad
in the opinion of the State Government unnecessary, the State
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Government may, by notification in the Gazette, declare that the
Parishad shall be dissolved with effect from such date as may be
specified in the notification; and the Parishad shall be deemed to have
been dissolved accordingly.
(2) From the said date-
(a) all properties, fund and dues which are vested in or, realizable by
the Parishad shall vest in, or be realizable by, the State Government ;
(b) all liabilities which are enforceable against the Parishad
shall be enforceable against the State Government;
(c) for the purpose of carrying out any work which has not
been fully carried out by the Parishad and for the purpose of
realizing properties, funds and dues referred to in clause (a),
the functions of the Parishad shall be discharged by the State
Government.
(3) Nothing in this section shall be construed as preventing
the State Government from reconstituting the Parishad in accordance
with the provisions of this Act.
Power to
remove
difficulties
43. (1) If any difficulty arises in giving effect to the provisions
of this Act, the State Government may, for removing such difficulty,
by order published in the Gazette, direct that the provision of this Act
shall, during such period as may be specified in the order, have effect
subject to such adaptations, whether by way of modification, addition
or omission, as it may deem to be necessary and expedient.
(2) No order under sub section (1) shall be made after the
expiration of a period of two years from the date of commencement of
this Act.
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STATEMENT OF OBJECTS AND REASONS
There has been felt a need to provide for the constitution of Shree Ayodhya Jee
Teerth Vikas Parishad for the preparation of a plan for preserving, developing and
maintaining the aesthetic quality of Ayodhya heritage in all hues- cultural, ecological
and architectural; co -ordinating and monitoring the implementation of such plan and
for evolving harmonized policies for integrated tourism development and heritage
conservation and management in the region; giving advice and guidance to any
Department/Local body/Authority in the District of Ayodhya in respect of any plan,
project or any development proposal which affects or is likely to affect the heritage
resources of the Ayodhya region and for matters connected therewith or incidental
thereto.
In view of the above,
it has been decided to make a law to provide for the
establishment of Shree Ayodhya Jee Teerth Vikas Parishad.
The Uttar Pradesh Shree Ayodhya Jee Teerth Vikas Parishad Bill, 2023 is
introduced accordingly.
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