Section 10 in The ANCIENT MONUMENTS PRESERVATION ACT, 1977(1920 A.D.)
10. Compulsory purchase of ancient monument.––
(1)If 2[the Government] apprehends that a protected monument is in danger of being destroyed, injured orallowed to fall into decay, 2[the Government] may proceed to acquire it under theprovisions of the Land Acquisition Act, as if the preservation of a protectedmonument were a “public purpose” within the meaning of that Act.(2)The powers of compulsory purchase conferred by sub-section (1) shallnot be exercised in the case of––(a)any monument which or any part of which is periodically used forreligious observances ; or(b)any monument which is the subject of a subsisting agreementexecuted under section 5.(3)In any case other than the cases referred to in sub-section (2) the saidpowers of compulsory purchase shall not be exercised unless the owner or otherperson competent to enter into an agreement under section 5 has failed, withinsuch reasonable period as the 3[Director, Archaeology] may fix in this behalf, toenter into an agreement proposed to him under the said section or has terminatedor given notice of his intention to terminate such an agreement.[10-A.] Power of Government to control mining etc. near ancientmonuments.––(1)If the Government is of opinion that mining, quarrying, excavating,blasting and other operations of a like nature should be restricted or regulated forthe purpose of protecting or preserving any ancient monument, the Governmentmay, by notification in the Government Gazette, make rules :––(a)fixing, the boundaries of the area to which the rules are to apply ;(b)forbidding the carrying on of mining, quarrying, excavating, blastingor any operation of a like nature except in accordance with the rulesand with the terms of a licence ;[(bb) prohibiting any person including the owner or occupiers of themonument from constructing any building within the protectedarea or utilising such area or any part thereof in any manner withoutthe permission of the Government ;] and(c)prescribing the authority by which and the terms on which licencesmay be granted to carry on any of the said operations.(2)The power to make rules given by this section is subject to the conditionof the rules being made after previous publication.(3)A rule made under this section may provide that any person committinga breach thereof shall be punishable with fine which may extend to 2[twentythousand rupees].(4)If any person or occupier of land included in a notification under sub-section (1) proves to the satisfaction of the Government that he has sustained lossby reason of such land being so included, the Government shall pay compensationin respect of such loss.][(5) The Government may, by order, direct that any building constructed byany person within a protected area in contravention of provisions of sub-section(1)shall be removed within a specified period and if the person refuses or fails tocomply with the order, the Deputy Commissioner, on the motion of Director,Archaeology may cause the building to be removed and the person shall be liableto pay cost of such removal to be recovered as arrears of land revenue.][10-B.] Prohibited and regulated areas.––Every area, beginning at the limitof the protected area or the protected monument, as the case may be, and extendingto a distance of 100 metres in all directions shall be the prohibited area in respect ofsuch protected area or protected monument, both in respect of protectedmonuments, declared as such or which are proposed to be declared as suchprotected monument under section 3 :Provided that the Government may on the recommendation of the Director,Archaeology by notification in the official Gazette, specify an area exceeding thedistance of hundred metres to be the prohibited area.[10.-C.] Construction in and around protected monument.––No newconstruction shall be allowed in and around the prohibited area, as specified ordeclared under this Act :Provided that the Government may, on the recommendation of the Director,Archaeology and in the public interest, create public amenities in the area.]
