Section 28 of The Ancient Monuments and Archaeological Sites and Remains Act, 1958 in hindi
Assessment of market value or compensation.
- (1)The market value of any property which the Central Government is empowered to purchase at such value under this Act or the compensation to be paid by the Central Government in respect of anything done under this Act shall, where any dispute arises in respect of such market value or compensation, be ascertained in the manner provided in sections 3, 5, 8 to 34, 45 to 47, 51 and 52 of the Land Acquisition Act, 1894 (1 of 1894), so far as they can be made applicable: Provided that, when making an enquiry under the said Land Acquisition Act, the Collector shall be assisted by two assessors, one of whom shall be a competent person nominated by the Central Government and one a person nominated by the owner, or, in case the owner fails to nominate an assessor within such reasonable time as may be fixed by the Collector in this behalf, by the Collector. 1[(2) For every antiquity in respect of which an order for compulsory acquisition has been made under sub-section (3) of section 23 or under sub-section (1) of section 26, there shall be paid compensation and the provisions of sections 20 and 22 of the Antiquities and Art Treasures Act, 1972 (52 of 1972) shall, so far as may be, apply in relation to the determination and payment of such compensation as they apply in relation to the determination and payment of compensation for any antiquity or art treasure compulsorily acquired under section 19 of that Act.]
Summary
- This provision explains how to calculate the price of a monument or the amount of compensation when people disagree.
- For property the government buys, the process follows specific sections of the Land Acquisition Act, 1894.
- During a price inquiry, the Collector must be helped by two experts called assessors.
- One assessor is chosen by the government and the other is chosen by the property owner.
- If an owner fails to name an assessor within the set time, the Collector will choose one for them.
- Compensation for ancient objects (antiquities) taken by the government follows a different law from 1972.
Practical examples
FAQ
1. How is the market value of a monument decided under The Ancient Monuments and Archaeological Sites and Remains Act, 1958?
According to Section 28 of the 1958 Act, if there is a dispute, the value is determined using the procedures found in the Land Acquisition Act, 1894.
2. Who helps the Collector determine the fair price under Section 28 of The Ancient Monuments and Archaeological Sites and Remains Act, 1958?
The Collector is assisted by two assessors, one nominated by the Central Government and one nominated by the owner.
3. What happens if I refuse to pick an assessor under Section 28 of the 1958 Act?
If you do not nominate an assessor within a reasonable time fixed by the Collector, the Collector will appoint one on your behalf.
4. Does the Land Acquisition Act, 1894, apply to the purchase of ancient coins and sculptures too?
No, Section 28 of the 1958 Act clarifies that compensation for antiquities is determined using the Antiquities and Art Treasures Act, 1972.
Test yourself
Q1.Under Section 28 of The Ancient Monuments and Archaeological Sites and Remains Act, 1958, which older law provides the procedure for settling disputes over market value?
Q2.How many assessors must assist the Collector during an inquiry under Section 28 of The Ancient Monuments and Archaeological Sites and Remains Act, 1958?
Q3.If a monument owner fails to nominate an assessor within a reasonable time under Section 28 of the 1958 Act, who makes the nomination?
Q4.For an antiquity acquired under Section 23 of The Ancient Monuments and Archaeological Sites and Remains Act, 1958, which law governs the compensation payment?
Q5.Under Section 28 of the 1958 Act, does the 1894 Act procedure apply if the government acquires rights under Section 5?