Chapter V PRINCIPLES OF COMPENSATION

Any owner or occupier of a land who has sus- tained any loss or damage or any diminution of profits from the land by reason of any entry on or excavation in, such land or the exercise of any other power conferred by this Act shall be paid compensation by the Government lor such loss, damage or diminution of profits.

(l) The market value of any propeny which the Government is empowered to purchase at such value under this Act or the compensation to be paid by the Governnlent in respect of anything done under this Act shall, where any dispute arises in respect of such market valuc or compensation, be ascertained in the manner provided in sections 3, 5, 8 to 34, 45 to 47, 5l and scction 52 of the I-and Acquisition Act, 1894 so l'ar as they can be made applicable : Provided that, when making an enquiry under the said Land Acquisition Act, the Deputy Commissioner shall be assisted by the two assessors one of whom shall bc nominated by the o,rner and in case the owner l'ails to norlinate as assessols rvithin such reasonable tine as may be fixcd by the Deputy Commissioner in this behalf the Deputy Conmissiouer shall make enquiry by himself.

The Government may, by notification in the Olicial Gazette, direct that any powers conferred on it by or undcr this Act shall, subjcct to such conditions as may bc specified in the direction, be exercisable also by such omcer or authorit_v subordinate to the Govern- ment as may be specified in the direction.

(l) Whoever (i) destroys, remoyes, idures, altcrs, defaces, imperils or misuses a protected monument ;or (ii) beiDg the owncr or occupicr of a protected monu- ment contravenes an order made under sub- scction (l) of scction 8 or under sub-section (l) of section 9 ; (iii) removes from a protected monument, any sculpture, carving, images, bas-relief,inscription or other like obiects ; or {iv) does any act in contravention of sub-section (l) of section 18, shall be punishable rvith imprisonmcnt which may exteod to one year or with fine which may' extend to ten thousand rupees or both. (2) Any person v,'ho moves any antiquity in contra- yention of a notification issued under su-seclion (l) of section 23 shall be punishable with line which may extend to five thousand rupees and tbe court convicting a person of any such contravention may, by ordor direct such person to restore the antiquity to the place from rvhere it was removed.

No court inferior to that of a Magistratc of the first class shall try any offence under this Act.

Notwithstanding anything crntainod in the Code of Criminal Procedure, 1973, offences under clause (i) o; clause (iii) of sub-section (l) of section 28 shall be deemed to be a cognizable offencc rvithin the meaning of thal Code.

Notwithstanding anything contained in section 29 of the Criminal Procedure Code 1973, it shall be lawful for any Magistrate of First Class, specially empowered by the Government in this behalf to pass a sentence of fine exceeding two thousand rupees on any person convicted of an offence which under this Act is punishable with fine exceeding two thousand rupees.

Any amount due to the Government from any person under this Act shall, on a certificate issued by the Archaeological Officer, be recoverable in the same manner as an arrear of public demand.

If the Government is of the opinion that it is no longer necessary to preserve or protect any protected monument or protected area, it may, by notification in the Official Gazette, declare that such monument or area shall cease to be protected monument or protected area for the purpose of this Act.

(1) The Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-(a) the right of access of the public to a protected monument or area and the fee, if any, to be charged thereof; (b) the form and contents of the report of an Archaeological Officer under clause (a) of sub-section (1) of section 22; (c) the form which application for permission under section 18 or 24 may be made and particulars which excavation and other like operations for archaeological purposes may be carried on; (f) the manner in which excavation and other like operations for archaeological purposes may be carried on; (g) any other matter which is to be or may be prescribed. (3) Any rule made under this section may also provide that a breach thereof shall be punishable:-(i) in the case of a rule made with reference to clause (a) of sub-section (2), with imprisonment which may extend to three months, or with fine which may extend to five thousand rupees, or with both; (ii) in the case of rule made with reference to clause (b) of sub-section (2), with fine which may extend to five thousand rupees; (iii) in the case of a rule made with reference to clause (c) of sub-section (2), with fine which may extend to five thousand rupees.