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UT Ladakh - Section

Section 20 in The ANCIENT MONUMENTS PRESERVATION ACT, 1977(1920 A.D.)

20. Power of Government to notify area as protected.––

(1)If theGovernment is of opinion that excavation for archaeological purposes in any areashould be restricted or regulated in the interest of archaeological research, theGovernment may, by notification in the Government Gazette specifying theboundaries of the area, declare it to be a protected area.
(2)From the date of such notification all antiquities buried in the protectedarea shall be the property of Government and shall be deemed to be in the possessionof Government, and shall remain the property and in the possession of theGovernment until ownership thereof is transferred; but in all other respects therights of any owner or occupier of and in such area shall not be affected.[20.-A.] Power to enter upon and make excavation in a protected area.––
(1)Any officer of the Archaeological Department or any person holding a licenceunder section 20-B may, with the written permission of the 1[Deputy Commissionerof the District] or in the case of Ladakh District, the 2[Deputy Commissioner] ofthat District, enter upon and make excavations in any protected area.
(2)Where in the exercise of the power conferred by sub-section (1) therights of any person are infringed by the occupation or disturbance of the surfaceof any land, the Government shall pay to that person compensation for theinfringement.[20.-B.] Power of Government to make rules regulating archaeologicalexcavation in protected areas.––
(1)The Government may make rules,––(a)prescribing the authorities by whom licence to excavate forarchaeological purposes in a protected area may be granted ;(b)regulating the condition on which such licences may be granted, theform of such licences and the taking of security from licensees ;(c)prescribing the manner in which antiquities found by a licenseeshall be divided between 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 conditionof rules being made after previous publication.
(3)Such rules may be general for all protected areas for the time being, ormay be special for any particular protected area or areas.
(4)Such rules shall provide that any person committing a breach of any suchrule or any condition of a licence issued under this section shall be punishablewith fine which may extend to 3[twenty thousand rupees], and may further providethat where the breach has been by the agent or servant of a licensee, the licenseehimself shall be punishable.[20.-C.] Power to acquire a protected area.––If the Government is of opinionthat a protected area contains an ancient monument or antiquities of nationalinterest, it may acquire such area, or any part thereof, under the State LandAcquisition Act No. 10 of 1990 as for a public purpose.]GENERAL