Section 3 in Rajasthan Monuments, Archaeological Sites and Antiquities Act, 1961
3. Power to declare monuments etc. to be protected
(1)The State Government may declare for the purposes of this Act -(i)any ancient or historical monument to be a protected monument, or(ii)any archaeological site to be a protected area, or(iii)any antiquity to be a protected antiquity.(2)before making any such declaration as is referred to in sub-Section (1) , the State Government shall, by notification in the Official Gazette, give two months notice of its intention to do so and a copy of such notification along with a statement of the reasons for which such declaration is proposed to be made, shall be affixed in a conspicuous place at or near the ancient or historical monument or the archaeological site which is proposed to be declared as protected or on or near the place where or in which such monument or the antiquity proposed to be declared as protected is for the time being.(3)Any person interested in any such monument, archaeological site or antiquity may, within two months after the publication of such notification in the Official Gazette, object to the proposed declaration.(4)On the expiration of the said period of two months, the State Government may, after considering the objections, if any, received by it, declare by notification in the Official Gazette-(i)any ancient or historical monument to be a protected monument, or(ii)any archaeological site to be a protected area, or(iii)any antiquity to be a protected antiquity.(4A)[ Notwithstanding anything contained in sub-sections (2) & (3) where the State Government is satisfied with respect to any monument, archaeological site or antiquity, that there is immediate danger of its removal, or destruction it may instead of proceeding under the said sub-section, by notification in the Official Gazette] [Inserted by the Rajasthan Monuments, Archaeological sites or Antiquities (Amendment) Act,1976 (Act No. 2 of 1976) (Published in Rajasthan Gazette Extraordinary, Part 4(Ka) dated 24.10.1976).] [.......] [Words 'and for reasons of its satisfaction to be recorded in such notification' Deleted 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).] forthwith make a declaration under clauses (i), (ii) or (iii), as the case may be of sub-Section (4) in respect of any such monument, archaeological site or antiquity :Provided that any person interested in such monument, archaeological site or antiquity may, within two months after the publication of such notification object to the declaration so made and the State Government after giving to such person an opportunity of being heard, may by order in writing dismiss the objection or withdraw the notification.(5)A notification published under sub-Section (4) [or under sub-Section (4A) ] shall unless and until it is withdrawn, be conclusive evidence of the fact that the ancient or historical monument, archaeological site or antiquity to which it relates is a protected monument, a protected area or a protected antiquity for the purposes of this Act.
