GUJARAT ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS (AMENDMENT) ACT, 1977
GUJARAT ACT NO. 4 OF 1978.
(First published after having received the assent of the Governor in the “Gujarat Government Gazette” on the 27th January 1978).
An Act to amend the Gujarat Ancient Monuments and Archaeological Sites and Remains Act, 1965.
It is hereby enacted in the Twenty-eighth Year of the Republic of India as follows:—
Short title.
1. This Act may be called the Gujarat Ancient Monuments and Archaeological Sites and Remains (Amendment) Act, 1977.
Insertion of new section 16A in Guj. XXV of 1965.
2. In the Gujarat Ancient Monuments and Archaeological Sites and Remains Act, 1965. after section 16, the following new section shall be inserted, namely:—
Power of State Government to transfer protected monument of local importance to local authorities.
“16A. (1) If in respect of any protected monument of which the State Government is the sole owner, the State Government is of opinion that it is of local importance only and that the ownership thereof may be transferred, without detriment to public interest, to the local authority within whose territorial jurisdiction it is situated, the Government may by an order publish in the Official Gazette, transfer the ownership of such monument to such local authority with the consent of that authority, subject to such terms and conditions as may be specified in such order.
(2) The local authority to which a protected monument is transferred under sub-section (1) shall maintain such monument.
(3) If the State Government is satisfied that a protected monument, the ownership of which is transferred to a local authority under sub-section (1), is not being properly maintained by the local authority or that the local authority has committed breach of any of the terms and conditions specified in the order made under sub-section (1) or that it is otherwise necessary to do so in public interest, it shall be lawful for the State Government to resume the ownership of such protected monument.
(4) Notwithstanding the transfer of ownership of any protected monument to a local authority, the Stale Government may, from time to time, issue such directions as it may think fit to such local authority in regard to the maintenance and preservation of such protected monument and the local authority shall comply with such directions.
(5) Nothing in this section shall apply to a protected monument of the description mentioned in section 16.
Explanation.-In this section, “local authority” means a municipal corporation, a municipality or a district Panchayat constituted under any law for the time being in force.”. |
