Section 10 in The Ancient Monuments Preservation Act, 1904
10. Compulsory purchase of ancient monument .-(1) If the [Central Government] apprehends that a protected monument is in danger of being destroyed, injured or allowed to fall into decay, [the Central Government may direct the State Government to acquire it] [Substituted by A.O. 1937, for " Local Government may proceed to acquire it" . ] under the provisions of the Land Acquisition Act, 1894 (1 of 1894), as if the preservation of a protected monument were a "public purpose" within the meaning of that Act.
(2)The powers of compulsory purchase conferred by sub-section (1) shall not be exercised in the case of-(a)any monument which or any part of which is periodically used for religious observance; or(b)any monument which is the subject of a subsisting agreement executed under section 5.(3)In any case other than the cases referred to in sub-section (2) the said powers of compulsory purchase shall not be exercised unless the owner or other person competent to enter into an agreement under section 5 has failed, within such reasonable period as the Collector may fix in this behalf, to enter into an agreement proposed to him under the said section or has terminated or given notice of his intention to terminate such an agreement.[10-A. Power of [Central Government] to control mining, etc., near ancient monument.-(1) If the [Central Government] [Substituted by A.O. 1937, for " Local Government" . ] is of opinion that mining, quarrying, excavating, blasting and other operations of a like nature should be restricted or regulated for the purpose of protecting or preserving any ancient monument, the [Central Government] [Substituted by A.O. 1937, for " Local Government" . ] may, by notification in the [Official Gazette] [Substituted by A.O. 1937, for " Local Official 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, blasting or any operation of a like nature except in accordance with the rules and with the terms of a license; and(c)prescribing the authority by which, and the terms on which licenses may be granted to carry on any of the said operations.(2)The power to make rules given by this section is subject to the condition of the rules being made after previous publication.(3)A rule made under this section may provide that any person committing a breach thereof shall be punishable with fine, which may extend to two hundred rupees.(4)If any owner or occupier of land included in a notification under sub-section (1) proves to the satisfaction of the [Central Government] [Substituted by A.O. 1937, for " Local Government" . ] that he has sustained loss by reason of such land being so included, the [Central Government] [Substituted by A.O. 1937, for " Local Government" . ] shall pay compensation in respect of such loss.]
