Section 3
An Area May Be Declared As Preserved Monument Area
3. An Area May be Declared as Preserved Monument Area :
(1) Government of Nepal, if wishes to declare any place or area where any monument is located to be as preserved monument area, shall display a notice at the place where the monument is located and also at the adjoining public place specifying the boundaries of the preserved monument area.
(2) Any person, who is dissatisfied with the notice displayed pursuant to Sub-section (1), may lodge his/her protest to Government of Nepal within Thirty Five days of the displaying of such notice.
(3) Government of Nepal may give its final verdict on the protest lodged pursuant to Sub-section (2).
(4) After the final decision taken pursuant to Sub-section (3) on the protest lodged against the notice displayed pursuant to Sub- section (1) or if no protest is lodged at the expiry of the period prescribed for lodging the protest, Government of Nepal may, by publishing Notification in the Nepal Gazette delimitating the bound of the place or area8 where the ancient monument located, declare such place or area as preserved monument area.
(5) Anyone wishing to install or connect a telephone line or electricity, to dig ground for drinking water or sewerage, to construct or repair road, to shoot- out a film, to organize a fair or festival, to perform dancing or singing ceremony, to park vehicles or to paste a poster and painting within the preserved Monument Area shall have to take permission, as prescribed, from the Department of Archaeology. Provided that, permission shall not be needed to be taken from the Department of Archaeology to conduct and perform traditional dancing and singing or to organize a fair or festival.
(6) Anyone who, on his/her own land within the Preserved Monument Area, is willing to construct a new house or building or to repair, alter or reconstruct a house or building so as to make changes on its original shape, shall have to construct, repair, alter or reconstruct it as is matching the style of the area and as is in consonance with the standard prescribed by the Department of Archaeology.
(7) If a Person has submitted to the 8 Municipality the drawing of a house or a building to be constructed, repaired, altered, or reconstructed within the Preserved Monument Area, the Municipality shall, before giving its consent on the drawing under the prevailing law, have to take approval of the Department of
Archaeology on such drawing. After reviewing the drawing received from the Municipality, the Department of Archaeology may give its approval, reject it or give its approval with amendment.
(8) While constructing, repairing, altering or reconstructing the house or building in the Preserved Monument Area, if the construction, repair, alteration or reconstruction is not done in awing, the Department of archaeology may issue an order to stop such work. The Town Development Plan Execution Committee where the town development planning is approved and the Chief District Officer where the town development planning is not approved may, by giving an Ultimatum of Thirty Five days, issue an order to demolish/dismantle the house or building if it is constructed, repaired, altered or reconstructed in defiance of the order issued by the Department of Archaeology pursuant to Sub-section (8). Any Person, who is dissatisfied with such order, may lodge a claim to Government of Nepal within Thirty Five days of the issuance of such order. The verdict of Government of Nepal regarding such claim shall be final. In cases where no complaint has been lodged against the order issued under Sub-section (9) to demolish a house or a building, the concerned person shall have to demolish the house or building within Seven days from the date of expiry of the time-limit, and in case where a complaint has been lodged and Government of Nepal has decided to demolish such house or building, the concerned person shall have to demolish the house or building within Twenty One days from the date of the decision. If the house or building is not demolished within the said time-limit, the authority or official issuing such order shall demolish the house or building and all expenditures incurred while demolishing shall be recovered from the concerned person.
(1) Government of Nepal, if wishes to declare any place or area where any monument is located to be as preserved monument area, shall display a notice at the place where the monument is located and also at the adjoining public place specifying the boundaries of the preserved monument area.
(2) Any person, who is dissatisfied with the notice displayed pursuant to Sub-section (1), may lodge his/her protest to Government of Nepal within Thirty Five days of the displaying of such notice.
(3) Government of Nepal may give its final verdict on the protest lodged pursuant to Sub-section (2).
(4) After the final decision taken pursuant to Sub-section (3) on the protest lodged against the notice displayed pursuant to Sub- section (1) or if no protest is lodged at the expiry of the period prescribed for lodging the protest, Government of Nepal may, by publishing Notification in the Nepal Gazette delimitating the bound of the place or area8 where the ancient monument located, declare such place or area as preserved monument area.
(5) Anyone wishing to install or connect a telephone line or electricity, to dig ground for drinking water or sewerage, to construct or repair road, to shoot- out a film, to organize a fair or festival, to perform dancing or singing ceremony, to park vehicles or to paste a poster and painting within the preserved Monument Area shall have to take permission, as prescribed, from the Department of Archaeology. Provided that, permission shall not be needed to be taken from the Department of Archaeology to conduct and perform traditional dancing and singing or to organize a fair or festival.
(6) Anyone who, on his/her own land within the Preserved Monument Area, is willing to construct a new house or building or to repair, alter or reconstruct a house or building so as to make changes on its original shape, shall have to construct, repair, alter or reconstruct it as is matching the style of the area and as is in consonance with the standard prescribed by the Department of Archaeology.
(7) If a Person has submitted to the 8 Municipality the drawing of a house or a building to be constructed, repaired, altered, or reconstructed within the Preserved Monument Area, the Municipality shall, before giving its consent on the drawing under the prevailing law, have to take approval of the Department of
Archaeology on such drawing. After reviewing the drawing received from the Municipality, the Department of Archaeology may give its approval, reject it or give its approval with amendment.
(8) While constructing, repairing, altering or reconstructing the house or building in the Preserved Monument Area, if the construction, repair, alteration or reconstruction is not done in awing, the Department of archaeology may issue an order to stop such work. The Town Development Plan Execution Committee where the town development planning is approved and the Chief District Officer where the town development planning is not approved may, by giving an Ultimatum of Thirty Five days, issue an order to demolish/dismantle the house or building if it is constructed, repaired, altered or reconstructed in defiance of the order issued by the Department of Archaeology pursuant to Sub-section (8). Any Person, who is dissatisfied with such order, may lodge a claim to Government of Nepal within Thirty Five days of the issuance of such order. The verdict of Government of Nepal regarding such claim shall be final. In cases where no complaint has been lodged against the order issued under Sub-section (9) to demolish a house or a building, the concerned person shall have to demolish the house or building within Seven days from the date of expiry of the time-limit, and in case where a complaint has been lodged and Government of Nepal has decided to demolish such house or building, the concerned person shall have to demolish the house or building within Twenty One days from the date of the decision. If the house or building is not demolished within the said time-limit, the authority or official issuing such order shall demolish the house or building and all expenditures incurred while demolishing shall be recovered from the concerned person.