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Section 10

The U. P. Ancient and Historical Monuments and Archaeological Sites and Remains Preservation Act, 19561 U. P. Act No. VII ofState Act of Uttarakhand · Act 7 of 1957

(1) If the Central Government apprehends that a protected monument is in danger of being destroyed, injured or allowed to fall into decay, the Central Government may direct the State Government to acquire it under the provisions of the Land Acquisition Act, 1894 (I of 1894), as if the preservation of a protected monument were a "public purpose" within the meaning of that Act.

(2) The powers of compulsory purchase conferred' by sub-section (1) shall not be exercised in the case of-

(a) any monument which or any part of which is periodically used for religious observances; or

(b) any monument which is the subject of a subsisting agreement executed under section 5,

(3) In any case other than the cases referred to in sub-section (2) the said powers of compulsory purchase shall not be exercised unless the owner or other person competent to enter into an agreement under section 5 has failed, within such reasonable period as the Collector may fix in this behalf, to enter into an agreement proposed to him under the 'said section or has terminated or given notice of his intention to terminate such an agreement.

Power of Central Government to control mining etc. near ancient monument 10- A

(1) If the Central 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 Central Government may, by notification in the official Gazette make rules-

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

(b) for bidding 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; and

(c) prescribing the authority by which, and the terms on which, licences may be granted to carryon 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 two hundred rupees. .

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

96 [SCHEDULE 1] Maintenance of certain protected monuments

Where this provision sits

ActThe U. P. Ancient and Historical Monuments and Archaeological Sites and Remains Preservation Act, 19561 U. P. Act No. VII of
Section10
JurisdictionState of Uttarakhand
StatusIn force as published by the source

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