Bare ActsThe Jammu and Kashmir Ancient Monuments Preservation Act, 1977

Section 10

Compulsory purchase of ancient monument

Amendment status not verified — confirm the current text below against the official source.

Compulsory purchase of ancient monument. - (1) If [the Government] apprehends that a protected monument is in danger of being destroyed, injured or allowed to fall into decay, [the Government] may proceed to acquire it under the provisions of the Land Acquisition Act, 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 observances; 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 Superintendent of Archaeology 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. [10A. Power of Government to control mining etc., near ancient monuments. - (1) If the 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 Government may, 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, blasting or any operation of a like nature except in accordance with the rules and with the terms of a licence, and [(bb) prohibiting any person including the owner or occupiers of the monument from constructing any building within the protected area or utilizing such area or any part of thereof in any manner without the permission of the Government.] (c) prescribing the authority by which and the terms on which licences 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 [twenty thousand 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 loss by reason of such land being so included, the Government shall pay compensation in respect of such loss.] [(5) The Government may, by order, direct that any building constructed by any 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 to comply with the order, the Deputy Commissioner, on the motion of Director, Archaeology may cause the building to be removed and the person shall be liable to pay cost of such removal to be recovered as arrears of land revenue.] [10B. Prohibited and regulated areas. - Every area, beginning at the limit of the protected area or the protected monument, as the case may be, and extending to a distance of 100 meters in all directions shall be the prohibited area in respect of such protected area or protected monument, both in respect of protected monuments, declared as such or which are proposed to be declared as such protected 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 the distance of hundred meters to be the prohibited area.

Section 10 – The Jammu and Kashmir Ancient Monuments Preservation Act, 1977 | DailyLaw.ai