(1) If an owner or other person who is bound by an agreement for the Puroh(lsesat certain 12.
sales and persons clalmlno lh(OUQh owner bound by instrument ~xecuted by owner Acquisition of 13.
protected monuments.
1 of 1884 IMainlenanc;eof 14.
cortain prolecte-d monvmens Voluntary oon1,lbo1lot1s
15.
maintenance of a monument under section 6 refuses or fails within such reasonable time as the Director-General may fix, to do any act which In the opinion of the Director-General is necessary for the maintenance of the monument, the Director-General may authorise any person to do any such act, and the owner or other person shall be liable to pay the expenses of doing any such act or such portion of the expenses as the owner may be liable to pay under the agreement.
(2) If any dispute arises regarding the amount of expenses payable by the owner or other person under sub-section (1), It shall be referred to the Central Government whose decision shall be final.
Every person who purchases, at a sale for arrears of land revenue or any other public demand. any land on which is situated a monument in respect of which any Instrument has been executed by the owner for the time being under section 5 or section 6, and every person claiming any title to a monument from, through or under, an owner who executed any such instrument. shall be bound by such instrument.
If the Central Government apprehends that a protected monument is in danger of being destroyed, injured, misused, or allowed to fall into decay.
it may acquire the protected monument under provisions of the Land Acquisition Act. 1894 as if the maintenance of the protected monument were a public purpose within the meaning of that Act.
(1 ) The Central Government shall maintain every monument which has been acquired under section 13 or in respect of which any of the rights mentioned In section 5 have been acquired.
(2) when the Director-General has assumed the guardianship of a monument under section 5, he shall, for the purpose of maintaining such monument. have access to the monument at all reasonable times.
by himself and by his agents, subordinates and workmen, for the purpose of inspecting the monument and for the purpose of bringing such materials and doing such acts as he may consider necessary or desirable for the mainlenance thereof.
The Director General may receive voluntary contributions towards the cost of maintaining a protected monument and may give orders as to the management and application of any funds so received by him:
Provided that no contribution received under this section shall be applied lo any purpose other than the purpose for which It was contributed.
P,otoction or place or 16. (1) A protected monument maintained by the Central Government under 12 wo,shlp from mtsuse, pollution or clese<::ratlon this Act which is a place of worship or shrine shall not be used for any purpose inconsistent with its character.
(2) Where the Central Government has acquired a protected monument under section 13, or where the Director.General has purchased, or taken a lease or accepted a gitt or bequest or assumed guardianship of a protected monument under section 5, and such monument or any part thereof Is used for religious worship or observances by any community, the Collector shall make due provisions for the protection of such monument or parl thereof, from pollution or desecratlon-
(a) by prohibiting the entry therein except in accordance with the conditions prescribed with the concurrence of the persons, if any, in religious charge of the said monument or part thereof, of any person not entitled so to enter by the religious usages of the community by which the monument or part thereof is used, or
(b) by taking such other action as he may think necessary in this behalf, Relinquishmonl ot GO'lemment rights In a moflumcnt.
17. With the sanction of the Central Government, the Oirector•General may- Right of access to 18.
i)rotecied monument Restrictions Of\ 19.
enjoyment of property rigllts In pro!ected areas,
(a) Where the rights have been acquired by the Director-General in respect of any monument under this Act by virtue of any sale, lease. gift or will, relinquish, by notification In the Official Gazette, the rights so acquired to the person who would for the time being be the owner 01 tne monument if such rights had not been acquired;
or
(b) relinquish any guardianship of a monument, which he has assumed under this Act.
Subject to any rules made under this Act, the public shall have a right of access to any protected monument.
PROTECTED AREAS
(1) No person, including the owner or occupier of a protected area, shall construct any building within the protected area or carry on any mining, quarrying, excavating, blasting or any operation of a like nature in such area, or utilise such area or any part thereof in any other manner without the permission of the Central Government:
Provided that nothing in this sub-section shall be deemed to prohibit the use of any such area or part thereof for purposes of cultivation if such cultivation does not involve the digging of not more than one foot of soil from the surface.
(2) The Cenfral Government may, by order, direct that any building constructed by any person within a protected area in contravention of the provisions of sub-section (1 ) shall be removed within a specified period and, if the person refuses or fails to comply with the order, the Collector may cause the building to be removed and the person shall be liable to pay the cost of such removal.
13 Power to acq:.iite a, i:>rotectod afea 1 Q! 1894 Dectar31ion of prohibited aroa and c3rryh'19 out public.
YIOrk or other wor1cs In prohibited area,.
20. If the Central Government is of opinion that any protected area contains an ancient monument or antiquities of national interest and value. it may acquire such area under the provisions of the Land Acquisition Act. 1894, as ii the acquisition were for a public purpose within the making of that Act.
"PROHIBITED ANO REGULA TED AREAS
20A. Every area, beginning at the llmil of the protected area or the protected monument, as the case may be, and extending to a distance of one hundred metres In all directions shall be the prohibited area in respect of such protected area or protected monument:
Provided that the Central Government may, on the recommendation of the Authority, by notification In the Official Ga%ette, specify an area more than one hundred metres to be the prohibited area having regard to the classification of any protected monument or protected area, as the case may be, under section 4A.
(2) Save as otherwise provided in section 20C, no person, other than an archaeological officer, shall carry out any construction in any proh ibi ted area,
(3) In a case where the Central Government or the Director-General, as the case may be, Is satisfied that- (a) it is necessary or expedient for carrying out such public work or any project essential to the public; or
(b) such other work or project, in i ts opinion, shall not have any substantial adverse impact on the preservation, safety, security of, or, access to, the monument or its immediate surrounding, It or he may, notwithstanding anything contained In sub-section (2), in exceptional cases and having regard to the public Interest, by order and for reasons to be recorded In writing, permit, such public work or project essential to the public or other constructions, to be carried out In a prohibited area:
Provided that any area near any protected monument or Its adjoining area declared, during the period beginning on or after the 16th day of June; 1992 but ending before the date on which the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Bill, 2010, receives the assent of the President, as a prohibited area in respect of such protected monument, shall be deemed to be the prohibited area declared in respect of that protected monument in accordance with the provisions of this Act and any permission or licence granted by the Central Government or the Director-General, as the case may be, for the construction within the prohibited area on the basis of the recommendation of the Expert Advisory Committee, shall be deemed to have been validly granted In accordance with the provisions of this Act, as If this section had been in force at all material times:
Provided further that nothing contained in the first proviso shall apply to any permission granted, subsequent to the completion of construction or re-construction of any bulldlng or structure in any 14 Amondmont of section 20A.
lnsortlon of new so<;:lion 208.
Ooclaratlon of ,cgulated area in "lSPOCt of every protec:ted monument.
I nscrtion or new scctfons 2(lC, 200, ZOE, ?OF, ZOG, ?OH.
Zft.J , 20.1, 20K; 201., 20M, ?ON, 20-0, 20P •ncl 20Q.
ApplicaCion for l'CIJllir '0( rcn<W1Hio11 In, pl'ohibited ftrtA, or construction or, r-e~constroction or re-pail· or prohibited area in pursuance of the notification of the Government of India in the Department of Culture (Archaeological Survey of India) number s.o. 1764, dated the 16th June, 1992 issued under rule 34 of the Ancient Monuments and Archaeological Sites and Remains Rules, 1959, or, wllhout having obtained the recommendations of the Committee constituted in pursuance of the order of the Government of India number 24I22I2006-M, dated the 20th July, 2006 (subsequently referred to as the Expert Advisory Committee in orders dated the 27th August, 2008 and the 5thMay, 2009).".
"(4) No permission, referred to in sub-section (3), including carrying out any public work or project essential to the public or other constructions, shall be granted In any prohibited area on and after the date on which the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) BIii, 20 I O receives the assent of the President."
"20B. Every area, beginning at the limit of prohibl,ed area In respect of every ancient monument and archaeological' site and remains, declared as of national importance under sections 3 and 4 and extending to a distance of two hundred metres In all directions shall be the regulated area in respect of every ancient monument and archaeological site and remains:
Provided that the Central Government may, by notification In the Official Gazette, specify an area more than two hundred metres to be the regulated area having regard to the classification of any protected monument or protected area., as the case may be, under section 4A:
Provided further that any area near any protected monument or its adjoining area declared, during the period beginning on or after the 16th day of June, 1992 but ending before the .date on which the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Bill, 20 I 0, receives the assent of the President, as a regulated area In respect of such protected monument, shall be deemed to be the regulated area declared In respect of that protected monument In accordance with the provisions of this Act and any permission or licence granted for construction In such regulated area shall, be deemed to have been validly granted in accordance with the provisions of this Act, as if this section had been In force at all material times.".
'20C. (I} Any person, who owns any buildlng or structure, which existed In a prohibited area before the 16th day of June, 1992, or, which had been subsequently constructed with the approval of tho Director-General and desires to carry out any repair or renovation of such building or structure, may make an application to the competent authority for carrying out such repair or renovation, as the case may be:
(2) Any person, who owns or possesses any building or structure or land In any regulated area, and desires to carry out any construction or re-construction or repair or renovation of such building or structure on such land, as the case may be, may make an application to the 15 rcoo"•a1ia11 in rcRulatcd Arca, cr1111r of permission hy rompcicni ~ulhority within regulated im:n.
Grant of p-ermission by Comp8tent Author'i ty wlthlo ,cgulatod aroa.
competent authority for carrying out construction or re-construction or repair or renovation, as the case may be.
GRANT OF PERMISSION BY COMPETENT AUTHORITY