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Section 20J

The Ancient Monuments & Archaeological Sites Remains Act 1958 (Amendment & Validation- 2010)State Act of Chhattisgarh · Act 24 of 1958

(1) Notwithstanding anything contained in sub-section (3) of section 20F, the President in the case of the Chairperson and the Central Government In the case of whole-time member and part•tlme 19 Rostrl<:tlon on future employment by Chalrporson and members.

Power of Central Government to i5sue directions to Competent Authority.

Power of Central Government to ruuo direction• to Authority.

Power of Central Government to lssuo suporsodo Authority, member may, by order, remove from office, the Chairperson or any such member of the Authority, If he-

(a) has been adjudged an insolvent; or

(b) has been convicted of an offence which, In the opinion of the Central Government, Involves moral turpitude; or

(c) has become physically or mentally Incapable of acting as Chairperson or member; or

(d) has acquired such financial or other interests as is likely to affect prejudicially his functions; or

(e) has so abused his position as to render his continuance in office prejudicial to the public Interest.

(2) The Chairperson or any member of the Authority shall not be removed under clauses (d) and (e) of sub-section (1) unless he has been given a reasonable opportunity, of being heard In the matter,

20K. On ceasing to hold office, the Chairperson or whole-time member of the Authority, as the case may be, shall, subject to the provisions of this Act, be Ineligible, for a period of five years from the date on which they cease to hold office, for further employment (including as consultant or expert or otherwise) In any institution, agency or organization of any nature mainly dealing with archaeology, country and town planning, architecture, heritage and conservation­ architecture or whole matters had been before the Chairperson or

5uc.h member.

20l. (I) Without prejudice to the foregoing provisions of this Act, the Authority shall, In exercise of its powers or the discharge of Its functions under this Act, be bound by such directions on question of policy, other than those relating to technical and administrative matters, as the Central Government may give in writing to it from time to time:

Provided that the Authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section.

(2) The decision of the Central Government, whether a question is one of policy or not, shall be final.

20M. Without prejudice to the foregoing provisions of this Act, the competent authority shall, in exercise of its powers or the discharge of Its functions under this Act, be bound by such directions, as the Central Government may give In writing to II from time to time.

20N. (/) If, at any time the Central Government is of the oplnlon,-

(a) that, on account of circumstances beyond the control of the Authority, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this Act; or

(b) that the Authority has persistently defaulted in complying with any direction given by the Central Government under this Act or in the discharge of the functions or performance of the duties Imposed on it by or under the provisions of this Act and as a result of such default 20 Bar of jurl&dlGUon o f clvil covrt, Annual report.

the financial position of the Authority or the administration of the Authority has suffered; or (c) that circumstances exist wh ich r~nder it necessary in the public interest so to do, the Central Government may, by notification in the Official Ga~ette, supersede the Authority for such period, not exceeding six months, as may be specified In the notification and appoint a person or persons as the President may d irect to exercise powers and discharge functions under this Act:

Provided that before issuing any such notification, the Central Government shall give a reasonable opportunity to the Allthority to make representations against the proposed supersession and shall consider the representations, If any, of the Authority.

(2) Upon the publlcatlon of a noti fication under sub-section (/) superseding the Authority,.

(a) the Chairperson and all other whole-time members and part-time members shall, as from the date of supersession, vacate their offices as such;

(b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the Authority shall, until the Authority is reconstituted under sub-section (3), be exercised and discharged by the person or persons referred to in sub-section (I}; and

(c) all properties owned or controlled by the Authority shall, until the Authority Is reconstituted under sub-section (3), vest In the Central Government.

(3) On or before the expiration of the period of supersession specified In the notification Issued under sub-section (/), the Central Government shall reconstitute the Authority by a fresh appointment of its Chairperson and other whole-time members and part-lime members and In such case any person who had vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified, subject to the provisions of sub-section (3) of section 20F for re-appointment for the remaining period.

(4) The Central Government shall cause a copy of the notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action lo be laid before each House of Parliament at the earliest.

20-0. No clvll court shall have Jurisdiction in respect of any matter which the Authority Is empowered by or under this Act to determine and no Injunction shall be granted by any court or other authority In respei:t of any action taken or to be taken In pursuance of any power conferred by or under this Act.

Where this provision sits

ActThe Ancient Monuments & Archaeological Sites Remains Act 1958 (Amendment & Validation- 2010)
Section20J
JurisdictionState of Chhattisgarh
StatusIn force as published by the source

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