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Section 20

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 is of opinion that excavation for archaeological purposes in any area should be restricted and regulated in the interests of archaeological research the Central Government may, by notification in the official Gazette specifying the boundaries of the area, declare it to be a protected area.

(2) From the date of such notification all antiquities buried in the protected area shall be the property of the Government and shall be deemed to be in the possession of the Government and shall, remain the property and in the possession of the Government until ownership thereof is transferred; but in all other respects the rights of any owner or occupier of land in such area shall not be affected.

Power to enter upon and make excavation in a protected area 20-A (1) Any officer of the Archaeological Department or any person holding a licence under section 20-B may, with the written permission of the Collector, enter upon and make excavations in any protected area.

(2) Where, in the exercise of the power conferred by sub-section (1), the rights of any person are infringed by the occupation or disturbance of the surface of any land, the Central Government shall pay to that person compensation for the infringement.

99 [SCHEDULE 1] Power of Central Government to make rules regulating archacological excavation in protected areas.

20-B (1) The Central Government may make rules ----

(a) prescribing the authorities by whom licences to excavate for archaeological purposes in a protected area may be granted ;

(b) regulating the conditions on which such licences may be granted, the form of such licences, and the taking of security from licences ;

(c) prescribing the manner in which antiquities found by a licensee shall be divided between the Central Government and the licensee; and

(d) generally to carry out the purposes of section 20.

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

(3) Such rules may be general for all protected areas for the time being, or may be special for any particular protected area or areas.

(4) Such rules may provide that any person committing a breach of any rule or of any condition of a licence shall be punishable with fine which may extend to five thousand rupees, and may further provide that where the breach has been by the agent or servant of a licensee the licensee himself shall be punishable.

Power to acquire a protected area.

20-C If the Central Government is of opinion that a protected area contains an ancient monument or antiquities of national interest and value, it may direct the State Government to acquire such area, or any part thereof, and the State Government may thereupon acquire such area or part under the Land Acquisition Act, 1894 (1 of 1894) as for a public purpose.

Assessment of market-value or compensation

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
Section20
JurisdictionState of Uttarakhand
StatusIn force as published by the source

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