Section 15 in The Tamil Nadu Ancient and Historical Monument and Archaeological Sites and Remains Act, 1966
15. Protection of place of worship from misuse. -A protected monument maintained by the Government under this Act, which is a place of worship or shrine shall not be used for any purpose inconsistent with its character. [Tamil Nadu-section 15; Andhra Pradesh-section 16; Assam-section 15; Gujarat-section 16; Jammu and Kashmir-section 13; Karnataka-section 16; Madhya Pradesh-section 15; Maharashtra-section 16; Orissa-section 13; Punjab-section 16; Rajasthan-section 15.] State Amendments Gujarat(17) Preservation of amenities of protected monuments. -(1) If the State Government is of opinion that, for the purpose of preserving the reasonable amenities of any protected monument, it is necessary so to do, the State Government may, subject to the provisions of this action, by notification in the Official Gazette, in respect of any area comprising or adjacent to the site of such monument specified in such notification (hereinafter referred to as "the controlled area"),-(a) prohibit or restrict the construction, erection or execution of building, structures and other works above ground within the controlled area, or the alteration or extension of any such buildings, structures or works in such manner as materially to affect their external appearance;
(b)prescribe the position, height, size, design, materials, colour and screening and otherwise regulate the external appearance of buildings, structures and other works above ground within the controlled area;(c)require any local authority-(i) to construct any approach road to any protected monument, or(ii)to demolish any public convenience vesting in it, that is to say, a latrine, urinal, dustbin, rubbish dump and the like, located close to or in the vicinity of any protected monument;(d)prohibit or restrict the felling of trees within the controlled area;(e)otherwise restrict the user of land within the controlled area to such extent as is necessary for the purpose of preserving the reasonable amenities of the protected monument;(f)provide for such matters as appear to the State Government to be incidental to or consequential on the foregoing provisions of this section, or to be necessary for giving effect to those provisions.(2)Not less than forty-five days before issuing a notification under sub-section (1), the State Government shall cause to be published in the Official Gazette, in the controlled area, and in the village and at the headquarters of the taluka or mahal of the district in which the controlled area is situated, a notification stating that it proposes to issue a notification in terms of sub-section (1) together with a notice requiring all persons affected by such notification, who wish to make any objection to the issuing of such notification, to submit their objections in writing to the State Government or appear before any officer duly authorised in that behalf to hear objections on behalf of the State Government, within one month of the publication of the notification in the official Gazette or within fifteen days from the date of the publication of the notification in the controlled area, whichever period expires later.(3)If on the expiration of the time allowed by sub-section (2) for the filing of objections, no objection has been made, the State Government shall proceed at once to issue the notification under sub-section (1). If any such objection has been made, the State Government may, after all the objections have been considered or heard, as the case may be, either-(a) abandon the proposal to issue the notification under sub-section (1); or(b)issue the notification under sub-section (1) with such modifications (if any) as it thinks fit.(4)The decision of the State Government on the question of issuing the notification under sub-section (1) shall be final and conclusive.(5)Nothing contained in any notification under sub-section (1) shall affect any building, structure or other work above ground or any alteration or extension thereof, if it was constructed, erected, or executed before the date when notice of intention to issue such a notification was given under sub-section (2), and for the purpose of this provision a building, structure, or other work and any alteration or extension thereof shall be deemed to have been constructed, erected or executed before that date-(a) if its construction, erection or execution was begun before that date, or(b)if, and so far as its construction, erection or execution was necessary for the purpose of performing a contract made before that date.(6)Any person whose property is injuriously affected by the coming into force of a notification under sub-section (1) shall, subject to the provisions of section 27, be entitled to obtain compensation in respect thereof from the State Government.(27)Special provision as to compensation under section 17. -(1) No person shall be entitled to compensation under sub-section (6) of section 17 unless, within three months from the date on which the notification issued under sub-section (1) of that section comes into force, or within such further time as the State Government may in special circumstances allow, he makes a claim for the purpose in such manner as may be prescribed by the State.(2)A person shall not be entitled to compensation by reason of the fact that any act or thing done or caused to be done by him has been rendered abortive by the notification referred to in sub-section (1) if or so far as the act or thing was done after the date on which the notification was issued or by reason of the fact that the performance of any contract made by him after that date is prohibited on account of the notification.(3)Where any provision of such notification was, immediately before the notification came into force, already in force by virtue of any other enactment, no compensation shall be payable by reason of any property being injuriously affected by that provision if compensation therefor has been paid or could have been claimed, or was not payable, under the provision before its inclusion in the notification.(4)Where any provision of such notification could, immediately before it came into force, has been validly included in a scheme, order, regulation or by-law by virtue of any other enactment, then-(a) if no compensation would have been payable by reason of the inclusion of that provision in that scheme, order, regulation or bye-law, no compensation shall be payable in respect of that provision of the notification; and(b)if compensation would have been so payable, the compensation payable in respect of that provision of the notification shall not be greater than the compensation which would have been so payable.(5)Any dispute as to the amount of the sum which is to be paid as compensation under sub-section (6) of section 17 shall be determined in accordance with the provisions of section 26. Madhya Pradesh Section 16. -Same as section 17 in Gujarat. Section 27. -Same as section 27 in Gujarat. Maharashtra Section 17. -Same as section 17 in Gujarat. Section 29. -Same as section 27 in Gujarat. Rajasthan Section 19. -Same as section 17 of Gujarat Act except that for sub-section (6) of Gujarat read the following:- "(6) if any person contravenes any of the provisions of a notification issued under sub-section (1), he shall, on conviction, be punished with fine not exceeding one hundred rupees for every day on which the contravention occurs or continues. (7) if, after any person has been convicted under sub-section (6) by reason of the fact that any building, structure or other work is not in conformity with the provisions of the notification issued under sub-section (1), the contravention continues after the expiration of such period as the Court before whom he was convicted may determine, the State Government shall have power to do all such acts as in its opinion are necessary for removing so much of the building, structure or work as is not in conformity with the provisions of the notification aforesaid for making it conform with the provisions of the notification and any expenses incurred by the State Government in so doing shall be recoverable as an arrear of land revenue from the person convicted."
