Section 19 in Rajasthan Monuments, Archaeological Sites and Antiquities Act, 1961
19. Preservation of amenities of or to protected monument
(1)If the State Government is of opinion that for the purpose of preserving amenities to or of any protected monument, it is necessary so to do, the State Government may, by notification in the Official Gazette, in respect of any area comprising or adjacent to the sit e of such monument and specified in such notification (hereinafter referred to as to controlled area),-(a)prohibit or restrict the construction, erection or execution of buildings, structures and other works above ground within the controlled area, or the alteration or extension of any such building, structures or works in such manner as materially to affect their external appearance;(b)prescribe the position, height, size, design, materials, colour and screening, and otherwise regulate the external appearance, of buildings, structure and other works above ground within the controlled area;(c)require any local authority-(i)to construct any approach road to any protected monument, or(ii)to demolish any of public convenience vesting in it, that is to say a latrine, urinal, dustbin and the like located close to or in the vicinity of any protected monument,(d)prohibit or restrict the falling of trees within the controlled area;(e)otherwise restrict the user of land within the controlled area to such extent as may appear to the State Government to be expedient for the purpose of preserving the amenities to or of the protected monument;(f)provide for such matters as appear to the State Government to be incidental to or consequential on the foregoing provisions of this sections or to be necessary for giving effect to those provisions.(2)Not less than forty five days before issuing a notification under sub-section (1), the State Government shall cause to be published in the Official Gazette, in the controlled area and in the village and at the headquarters of the tehsil in which the controlled area is situated a notification stating that it proposes to issue a notification in terms of sub-section (1), together with a notice requiring all persons affected by such notification, who wish to make any objections to the issuing of such a notification, to submit their objections in writing to the State Government or to appear before any officer duly authorised in that behalf to hear objections on notification in the Official Gazette or within 15 days from the date of the publication of the notification in the controlled area, whichever period expires later.(3)If, before the expiration of the time allowed by sub-section (2) for the filing of objections, no objection has been made, the State Government shall proceed at once to issue the notification under sub-section (1), If any such objection has been made, the State Government, after all the objections have been considered or heard, as the case may be, may either-(a)abandon the proposal to issue the notification under sub-section (1), or(b)issue the notification under sub-section (1) with such modification as it thinks fit.(4)In considering the objections, the decision of the State Government on the question of issuing the notification under sub-section (1) shall be final and conclusive.(5)Nothing contained in any notification under sub-section (1) shall affect any building, structure or other work above ground or any alteration or extension thereof, if it was constructed, erected or executed before the date when notice of intention to issue a notification was given under sub-section (2), and for the purpose of this provision a building, structure or other work and any alteration or extension thereof shall be deemed to have been constructed, erected or executed before that date-(a)if its construction, erection or execution was begun before that date, or(b)if and so far as its construction, erection or execution was necessary for the purpose of performing a contract made before that date.(6)If any person contravences any of the provisions of a notification issued under sub-section (1), he shall, on conviction , be punished with fine not exceeding [three thousand rupees] [Substituted by Notification No. F.2 (16) Law/2/2007, dated 8.10.2007 (Published in Rajasthan Gazette Extraordinry part 4A dated 9.10.2007) (w.e.f. 25.5.2007)] for every day on which the contravention occurs or continues.(7)If, after any person has been convicted under sub-section (6) by reason of the fact that any building, structure or other work is not in conformity with the provisions of the notification issued under sub-section (1), the contravention continues after the expiration of such period as the court before when he was convicted may determine, the State Government shall have power to do all such acts as in its opinion are necessary for removing so much of the building, structure or work as is not inconformity with the provisions of notification aforesaid for making it conform with the provisions of the notification and any expenses incurred by the State Government in so doing shall be recoverable as an arrear of land revenue from the person convicted.
