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State of Rajasthan - Section

Section 12 in Rajasthan Monuments, Archaeological Sites and Antiquities Act, 1961

12. Acquisition of protected monument

(1)If the State Government apprehends that a protected monument is in danger of being destroyed injured, mutilated, defaced, altered, dispersed, removed, misused or allowed to fall into decay, the State Government may acquire it under and in accordance with the provisions of the [Land Acquisition Act, 1894 (Central Act 1 of 1894)] [Words 'Rajasthan Land Acquisition Act, 1953 (Rajasthan Act 24 of 1953)' Substituted by Notification No. F. 2(16)Law/2/2007, dated 8.10.2007 (Published in Rajasthan Gazette Extraordinary Part 4A, dated 9.10.2007) (w.e.f. 25.5.2007).] as if the preservation, maintenance and upkeep of the monument were a public purposes within the meaning of that Act.
(2)No protected monument shall be acquired under sub-section (1)-
(a)if such monument or any part of it is periodically used for religious observances, or
(b)if such monument is the subject of a subsisting agreement executed under Section 4 or Section 5, or
(c)unless the owner or other person competent to enter into an agreement under Section 5 has failed to enter into an agreement proposed to him by the Collector under sub-section (1) of Section 5 within the period specified in such proposal, or
(d)unless such owner or other person has terminated or given notice of his intention to terminate an agreement made under Section 5.