Bare Act
Chapter III PROTECTED AREAS
Chapter III PROTECTED AREAS
20. Power of State Government to declare archaeological sites and remains to be protected areas.
(1) Where the State Government is of opinion that any archaeological site and remains, not declared by or under any law made by Parliament to be of national importance, should be a protected area, it may by notification in the Official Gazette, give two months' notice of its intention to declare such archaeological site and remains to be a protected area, and a copy of every such notification shall be affixed in a conspicuous place near the site and remains.
(2) If any person interested in any such archaeological site and remains has any objection to the same being declared a protected area, he may within two months of the publication of the notification under sub-section (1) submit his objection in writing to the State Government.
(3) On the expiry of the said period of two months, the State Government may, after considering the objections, if any, received by it under sub-section (2), declare by notification in the Official Gazette the archaeological site and remains to be a protected area.
(4) A notification published under sub-section (3) shall, unless and until it is withdrawn, be conclusive evidence of the fact that the archaeological site and remains to which it relates is a protected area for the purposes of this Act.
Chapter III PROTECTED AREAS
21. Restrictions on enjoyment of property rights in protected areas.
(1) No person, including the owner or occupier of a protected area, shall construct any building within the protected area, or carry on any mining, 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 State Government :
Provided that, nothing in this sub-section shall be deemed to prohibit the use of any such area or part thereof for purposes of cultivation, if such cultivation does not involve the digging of more than thirty centimetres of soil from the surface.
(2) The Stale Government may by order direct that any building constructed by any person within a protected area in contravention of the provision of sub-section (1) shall be removed within a specified period and, if the person refuses or fails to comply with the order, the Collector may cause the building to be removed, and the person shall be liable to pay the cost of such removal.
Chapter III PROTECTED AREAS
22. Power to acquire a protected area.
If the State Government is of opinion that any protected area contains an ancient monument or interesting and valuable antiquities, it may acquire such area under the provisions of the Land Acquisition Act, as if the acquisition were for a public purpose within the meaning of that Act.
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