January–June 1936

4

Provided that in assessing any compensation payable for such monument no regard shall be had to its historic, architectural, traditional, artistic or archaeological value unless the owner can prove that he paid in good faith a higher price for the monument on account of such value.

Printed: Offences.

10. Any person whether beneficially interested in it or not who— (a) destroys, injures or defaces an ancient monument ; (b) writes, draws, or carves any writing, drawing or figure on an ancient monument ; shall be guilty of an offence and shall be liable to imprisonment not exceeding six months or to a fine not exceeding fifty pounds or to both.

Printed: Power to Governor to control the erection, etc., of buildings in the neighbourhood of ancient monument.

11.—(1) The Governor, with a view to ensuring that buildings in the neighbourhood of an ancient monument shall as regards height and style of architecture be in keeping with the character and style of such monument and that the amenities thereof may be preserved, may by notice to be published in the Gazette order that, within such area as may be specified in such notice no building shall be erected, reconstructed or repaired and no tree shall be felled save in accordance with the terms of a permit in writing from the Commissioner previously obtained. (2) Before issuing a permit under this section the Commissioner may require the applicant to submit for the consideration of the Commissioner and the Director such plans, sections and drawings as to them may seem fit and the Commissioner in consultation with the Director may require such modifications to be made in the same as will ensure that the building in respect of which the permit is granted will be in keeping with the character and style of any ancient monument. (3) Any person who is dissatisfied with any term imposed by the Commissioner in any permit issued under this section may, within one month from the date of notification of the decision of the Commissioner, appeal to the Governor whose decision thereon shall be final and conclusive. (4) Any person who— (a) erects, reconstructs or repairs any building contrary to the provisions of sub-section (1) of this section ; (b) in erecting, reconstructing or repairing any building deviates from the approved plan, section or drawing ; shall be guilty of an offence and shall be liable to a fine not exceeding ten pounds and in addition to such punishment the Court trying the offence shall order such person to demolish or reconstruct in accordance with the instructions of the Commissioner within such time as may be specified in the order any building in respect of which the offence has been committed : Provided that if the person convicted fails or neglects to carry out the order of the Court he shall be liable to a further fine not exceeding ten shillings for every day during which the default continues and the Commissioner may cause the building to be demolished or reconstructed in such manner as to him may seem fit and the cost of so doing shall be recoverable by the Commissioner from the person convicted as a civil debt.

Printed: Compulsory acquisition of land in the proximity of ancient monument.

12. Where the Governor is satisfied that in order to preserve the amenities of an ancient monument it is desirable that no building should be erected upon any land in the proximity of such ancient monument or that any