Chapter II PROTECTED MONUMENTS AND PROTECTED

Every person who purchases, at a sale for arrears of land reveunc or any other public demand, any land on which is situated a ,monument in respect ol which any instrument has been executed by the owner for the time bcing under section 4 or section 5, and every person claiming any title to a monument from, through or under an owner who executed any such instrumetrt shall be bound by such instrument.

If the Government apprehends that a prolccted nonument is in darger of being destroyed, injurcd, misused, or allowed to fall in to decay, it may acquire the protected monument under provisions of the I-and Acquisilion Act, 1894, as if the maintenance of the protec- ted monument were a public purpose within the meaning of thBt Act.

(l) The Govemment sh.rll maintain ever) monument which has been acquircd uoder scction 12 or in respect ol which any of the rights mentioned in section 5 have been acquired. (2) When the Government has assumed the guardian- ship of a monument undcr section 4, it shall, for the purpose of maintaining such monument have access to the monument at all reasonable times, by itsetf and b1,its agent, subordinates and workmcn, lbr the purpose of inspecting the monumcnt and for the purpose of bringing such materials and doing such acts as the Govern- ment may consider necessary or desirable for the mainten- ance thereof.

The Govemment may receive voluntary contributions towards the cost of maintaining a protected monument and may give orders as to the management and application of any funds so received by it : Provided that no such contribution received under this section shall be applied to any purpose other than the purpose for which it was contributed, without consent, in writing, of the donar.

(l) The protrcted monumcnt maintaioed by the Goyernment under this Act which is a place of worship or shrine shall not be used for any purpose inconsistent with its character. (2) Where the Government has acquired a protected monument under sectionl2, or has purchased, or taken a lease or acbepted a gift or bequcst or assumed guardianship of , a protected monument under section 4, and such monument or any part thereof is used lor religious worship or observances by any community, the Govern- ment shaU make due provision for the protection of such monument of part thereof, from pollution or desecration- (a) by prohibiting the entry therein, except in accor- dance with the conditions prescribed with the concurrencc o[ the person, if any, in religious charge of the said monument or part thereof, any person, not entitled to enter by the religious usages of the commu- nity by which the monument or part thereof is used, or (b) by taking such action as it uray think necessary in this behalf.

Where rights have been acquired by the Govern- ment in respect of any monument under this Act by virtue of any sale, lease, gitt or will, the Government may, by notification in the Omcial Gazstte, relinquish the rights so acquired to the person who would- for the time belng, be the owner of the monument if such rights had not been acquired.

Subject to any rules made under this Act the public shall haye a right of access to any protected monument.

(i) No person, including the owner or occupier of a ?rotected monument or area shall construct any building within the protected area or carry on any mirring, quarrying excavating blasting or any operation of a like nature in such area, or utilise such area or any part thereof in any other manner without the permission of the Goyernment: Provided that nothing in this sub-section shall be deemed to prohibit the use of any such are{ or part thereof for purposes of cultivation, if such cultivation does not involved the digging of not more than one foot of soil from the surface. (2) The Govemment may, by order, direct that any building constnrcted by any person within a pro- tected area in contravention of the provisions of sub- section (l) shall be removed within a specified period aod, if the person refuses or fails to comply with thc order, the Deputy Commis;ioner may cause the building to be demolished and the person concemed shall be liable to pay the cost of such removal.

If the Government is of opinion that any pro- t€cted area contains an ancient monumcnt or antiquities of archaeological interest and value, it may acquire such area under the provisions ofthe Land Acquisition Act, 1894, as if the acquisition were for a public purpose within the meaning of that Act.

(l) If the Goyernment apprehends that any antiquity mentioned in a notifcation issued under suE section (l) of section 23 is in danger of being destroyed, removed, injured, misused or allowed to fall into decay or is of opinion that, by reason of its historical or archa- eological importance, it is desirable to preserve such antiquity, the Government may make an order for the compulsory purchase of such antiquity at its market value and tbe Archaeological Officer shall thereupon give notice to the owner of the antiquity to be purchased. (2) Wh€re a notice of compulsory purchase is issued under sub-section (l) in respect of any antiquity, such antiquity shall vest in the Government with effect from the date of the notice. (3) The power of compulsory purchase given by this section shall not extend to any image or symbol actually used for bonafide religious worship or observances.