If the State Government is of opinion that any protected area contains an ancient or historical monument or antiquities of historical, archaeological or artistic importance, interest or value, it may acquire such area under and in accordance with the provisions of the Rajasthan Land Acquisition Act, 1953 (Rajasthan Act 24 of 1953) as if the acquisition thereof were for a public purpose within the meaning of that Act.
22. Restrictions on property rights in 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 like nature in such area, or utilise such area or any part thereof in any other manner without the permission of the State 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 state 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.
23. Excavations for archaeological or historical purposes –
(1) An archaeological officer or an officer authorised by him in this behalf or any person holding a license granted in this behalf in the prescribed manner under this Act (hereinafter referred to as the licensee) may, after giving notice in writing to the Collector and the owner, enter upon and make excavations in any protected area.
(2) Where an archaeological officer has reason to believe that any area not being a protected area contains ruins or relics of historical or archaeological importance, he or an officer authorised by him in this behalf may, after giving notice in writing to the Collector and the owner, enter upon and make excavations in the area.
24. Restrictions on excavations –
(1) Notwithstanding anything contained in section 23, no excavation or other like operation for archaeological or historical purposes shall be undertaken or authorised to be undertaken in any area except with the previous approval of the Central Government and in accordance with such rules and directions, if any, as the Central Government may make or give in this behalf.
(2) Where, in the exercise of the power conferred by section 22, the rights of any person are infringed by the occupation or disturbance of the surface of any land, the State Government shall pay to that person compensation for such infringement.
25. Disposal of Antiquities etc. discovered during excavations –
(1) Where, as a result of any excavations made in any area under section 23, any antiquities are discovered, the archaeological officer or the licensee, as the case may be, shall –
(a) as soon as practicable, examine such antiquities and submit a report to the State Government in such manner and containing such particulars as may be prescribed, and
(b) at the conclusion of the excavation operations, give notice in writing to the owner of the land, from which such antiquities have been discovered, of the nature of such antiquities.
(2) All such antiquities shall be deemed to be protected antiquities and, until orders of the State Government as to the disposal or compulsory purchase thereof are received, the archaeological officer of the licensee as the case may be, shall keep them in such safe custody as he may deem fit.
(3) On receipt of a report under sub-section (1) the State Government may make an order for the compulsory purchase of any such antiquities at their market value.
(4) When an order for the compulsory purchase of any antiquities is made under sub-section
(3), such antiquities shall vest in the State Government with effect from the date of the order.