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Section 10-A: Power of Government to control mining etc. near ancient monuments.

The Ancient Monuments Preservation Act, 1977 (1920 A.d. )Union territory Act of Jammu and Kashmir · Act 5 of 1920

[10-A. Power of Government to control mining etc. near ancient monuments.––(1) If the Government is of opinion that mining, quarrying, excavating, blasting and other operations of a like nature should be restricted or regulated for the purpose of protecting or preserving any ancient monument, the Government may, by notification in the [Government Gazette], make rules :––

(a) fixing, the boundaries of the area to which the rules are to apply ;

(b) forbidding the carrying on of mining, quarrying, excavating, blasting or any operation of a like nature except in accordance with the rules and with the terms of a licence ;

[(bb) prohibiting any person including the owner or occupiers of the monument from constructing any building within the protected area or utilising such area or any part thereof in any manner without the permission of the Government ;] and

(c) prescribing the authority by which and the terms on which licences may be granted to carry on any of the said operations.

(2) The power to make rules given by this section is subject to the condition of the rules being made after previous publication.

(3) A rule made under this section may provide that any person committing a breach thereof shall be punishable with fine which may extend to [fifty thousand rupees].

(4) If any person or occupier of land included in a notification under sub-section (1) proves to the satisfaction of the Government that he has sustained loss by reason of such land being so included, the Government shall pay compensation in respect of such loss.

[(5) The Government may, by order, direct that any building constructed by any person within a protected area in contravention of provisions of subsection (1) shall be removed within a specified period and if the person refuses or fails to comply with the order, the Deputy Commissioner, on the motion of Director, Archaeology may cause the building to be removed and the person shall be liable to pay cost of such removal to be recovered as arrears of land revenue.]

Where this provision sits

ActThe Ancient Monuments Preservation Act, 1977 (1920 A.d. )
Section10-A
Marginal notePower of Government to control mining etc. near ancient monuments.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted. . Section 10-A inserted by Act No. I of Samvat 1996. * Now Official Gazette.
  • inserted, Act No. XXV of 2010. . Clause (bb) inserted by Act No. XXV of 2010, s. 7, w.e.f. 25.10.2010.
  • substituted, Act XXV of 2010. . Substituted for the words twenty thousand rupees by S. O. 1229(E) dated 31.3.2020.(For earlier amendment see Act XXV of 2010).
  • added, Act No. XXV of 2010. . Sub-section (5) added by Act No. XXV of 2010, s. 7, w.e.f. 25.10.2010.

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