(1) If State Government apprehends that any purchase of historical object is in danger of being destroyed, injured, historical •altered, mutilated, defaced, removed or dispersed or falling object, into decay, the State Government may pass orders for the compulsory purchase of such object at its market-value, and the Collector shall thereupon give notice to the owner of the object to be purchased.
(_2) The power of compulsory purchase given by this •ection shall not extend to—
(a) any image or symbol actually used for the purpose ot any religious observance; or
(b) anything which the owner desires to retain on any reasonable ground personal to himself or to any of his ancestors or to any member of his family Excavation of Archaeological Sites.
19. (-0 If State Goyernment is of opinion that ,va.tioii tor archaeoiogical purposes m any area should be mid reo'ulated in the interpstn nf "Pol"! ft 1 fK w 1 pxcavation j-ui puipuaeb m any area snouid be restricted and regulated in the interests of archaeological research, the State Goyernnient may, by notification in the Oificial Gazette specifying the boundaries of the area, declare it to he a State-protected archaeological site.
From the date of such notification all antiquities^ 0,11 tiuuqumes buried m such site shall be m the possession of, and yest in the State Goyernment subject tp the payment of due cOm pensation to the owner; bUt in all othfer rfeSpfebts llfeie rigMg oof Power of State Govern, menb to notify areas as State-pro- -tected arcliaeologicfal sites.
10 The West Bengal Preservation of HistoHcal Monuments and Objects and Excavation of Archacolo/jical Sites Act, 1957.
[Weet Ben. Act {Excavation of Archaeological Site.—Sections 20, 21.)
any owner or occupier of land in such site shall not be afiected except that he shall not be allowed to change the character of the vState-protected archaeological site.
Power t/O enter upon and make excava tions in a Stateprotected archaeolo gical site.
20. {].) Any ofdcer of the State Government, empowered in this behalf or any person holding a licence under section 21 may, with the written permission of the Collector, enter upon and make excavations in any State-protected archaeological site.
(2) Where, in the exercise of the power conferred by sub section (i), 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 the infringement.
Power of State Govemmeiit to.
make rules regulating archaeolo gical excovafcions in Stateprotected archaeolo gical sitcp.
21. {1) The State Government may make rules—
(a) prescribing the authorities by whom licenses to excavate for archaeological purposes in a Stateprotected archaeological site may be granted;
(/^) regulating the conditions on which such licences may be granted, the form of such licences, and the taking of security from licensees;
(c) prescribing the manner in which antiquities found by a licensee shall be divided between the Stat^ Government and the licensee; and (cZ) generally to carry out the purposes of section 19.
(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 State-protected archaeological sites for the time being, or may be special for any particular protected site or sites.
{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 a^^ent or servant of a licensee, the- licensee hitaself shair b'6 punishable. - ; • - • >>•' ■ The M esi Preservation of Historical Monuments and Objects and Excavation of Archaeological Sites Act,
1957.
XXXI of 1957.)
(Supplemental and Miscellaneous.—Sections 22—25.)
Supplemental and Miscellaneous.
22. {I) The market-vahie of auy pro]>ei'ty which the Assessment State Ctoverniueut is empoweieJ to acquire at such value ofmarketuuclei; this Act, or the eompeusation to be paid l)y the State TOm^p^a- Goverament in respect of auytliiiig' done under this Act. shall, tion wJieie ujjy dis]")ute arises in I'espect of snch niarket-vahie or coinj)onsation, be ascertained in the inatmer provided hy the Land Acquisition. Act, 1894, sections 3, 8 to 34, 45 to 47, 51 and 52, so far as they can be made applicable:
Provided that when making an inquiry under the said Land Acquisition .Act, 1894, the Collector shall be assisted bj' two assessors, one of whom shall he a competent person nominated by the Collector, and one a person nominated by the owner or, in case the owner fails to nominate an assessor within such reasonable time as may be fixed by tiie Collector in this behalf, by the Collector.
■4!
23. A Magistrate of the third class shall uot have juris- Jurisdicdiction to try any person charged with an offence against this Act.
24. (/) The State Government may inalce lailes for carry- Power to ing out any of the i^urposes of this Act. ' make rules.
(2) The power to make rules under this sectiou shall l)e in addition to and Jiot in derogation of any of the provisions of this Act and shall be subject to the condition of the rules being* made after previous publication.
25. suit for comju-nsation and no criininnl proceeding ^ .shall lie against any public servant in respect of any act done, servants or in faith intended to he done, in the exercise of aiiv actinopower conferred by this Act. ' imderthe Act.
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