The Andhra Pradesh Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1960.

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THE ANDHRA PRADESH ANCIENT AND HISTORICAL MONUMENTS
AND ARCHAEOLOGICAL SITES AND REMAINS ACT, 1960
ACT No. VII of 1960
ARRANGEMENT OF SECTIONS
SECTIONS
 PRELIMINARY
1. Short title, extent and commencement
2. Definitions
PROTECTION OF ANCIENT MONUMENTS AND
ARCHAEOLOGICAL SITES AND REMAINS
3. Certain ancient monuments, etc., deemed to be protected
monuments or areas
4. Power of Government to declare ancient monuments etc., to be
protected monument and areas
PROTECTED MONUMENTS
5. Acquisition of rights in a protected monument
6. Preservation of protected monument by agreement
7. Persons competent to exercise powers of owner under section 6, in
respect of a protected monument, when owner is under disability
or when it is a village property
8. Application of endowment to repair a protected monument
9. Failure or refusal to enter into an agreement
10. Power to make order prohibiting contravention of agreement under
section 6
11. Enforcement of agreements
12. Purchasers at certain sales and persons claiming through owner
bound by instrument executed by owner
13. Acquisition of protected monument
14. Maintenance of certain protected monuments
15. Voluntary contributions
16. Protection of place of worship from misuse, pollution or desecration
17. Relinquishment of Government rights in a monuments
18. Right of access to protected monuments
PROTECTED AREAS
19. Restrictions on enjoyment of property rights in protected areas
20. Power to acquire a protected area
ARCHAEOLOGICAL EXCAVATION
21. Excavations in protected areas
22. Excavations in areas other than protected areas
23. Compulsory purchase of antiquities etc., discovered during
excavation operations
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24. Excavation etc., for archaeological purposes
PROTECTION OF ANTIQUITIES
25. Power of Government to control moving of antiquities.
26. Purchase of antiquities by Government.
PRINCIPLES OF COMPENSATION
27. Compensation for loss or damage
28. Assessment of market value or compensation
MISCELLANEOUS
29. Delegation of powers
30. Penalties
31. Jurisdiction to try offences
32. Certain offences to be congnizable
33. Special provision regarding fine
34. Recovery of amounts due to the Government
35. Ancient monuments etc., no longer requiring protection
36. Power to correct mistakes, etc.
37. Protection of action taken under the Act
38. Power to make rules
39. Repeals
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THE ANDHRA PRADESH ANCIENT AND HISTORICAL MONUMENTS AND
ARCHAEOLOGICAL SITES AND REMAINS ACT, 1960
ACT No. VII of 1960
[25th February, 1960]
AN ACT TO PROVIDE FOR THE PRESERVATION OF ANCIENT AND
HISTORICAL MONUMENTS AND ARCHAEOLOGICAL SITES AND
REMAINS OTHER THAN THOSE OF NATIONAL IMPORTANCE FOR
THE REGULATION OF ARCHAEOLOGICAL EXCAVATIONS AND FOR
THE PROTECTION OF SCULPTURES, CARVINGS AND OTHER LIKE
OBJECTS.
BE it enacted by the Legislature of the State of Andhra Pradesh in the
Eleventh Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement -(1) This Act may be called the
Andhra Pradesh Ancient and Historical Monuments and Archaeological
Sites and Remains Act, 1960.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the State Government may,
by notification in the Andhra Pradesh Gazette, appoint.
2. Definitions -In this Act, unless the context otherwise requires,-
(a) ‘ancient monument’ means any structure, erection or
monument or any tumulus or place of interment, or any cave,
rock-sculpture, inscription or monolith, which is of historical,
archaeological or artistic interest and which has been in
existence for not less than1[seventy five years] and includes-
(i) the remains of an ancient monument;
(ii) the site of an ancient monument;
(iii) such portion of land adjoining the site of an ancient
monument as may be required for fencing or covering in
or otherwise preserving such monument, and
(iv) the means of access to, and convenient inspection of,
an ancient monument;
but does not include any ancient or historical monument
declared by or under law made by Parliament to be of
national importance;
(b) ‘antiquity’ includes-
 (i) any coin, sculpture, manuscript, epigraph, or other
work of art or craftsmanship;
(ii) any article, object or thing detached from a building or
cave;
(iii) any article, object or thing illustrative of science, art,
crafts, literature, religion, customs, morals or politics in
bygone ages;
(iv) any article, object or thing of historical interest, and
(v) any article, object or thing declared by the
Government, by notification in the Andhra Pradesh
Gazette, to be an antiquity for the purposes of this Act,
which has been in existence for not less than1[seventy
five years];
1. Substituted by the Act No. 19 of 2001, S.2.
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(c) ‘archaeological officer’ means any officer of the Department of
Archaeology of the Government not lower in rank than Assistant
Director of Archeology;
(d) ‘archaeological site and remains’ means any area which
contains or is reasonably believed to contain ruins or relics of
historical or archaeological importance which have been in
existence for not less than1[seventy five years], and includes-
(i) such portion of land adjoining the area as may be
required for fencing or covering in or otherwise preserving
it, and
(ii) the means of access to, and convenient inspection of
the area;
 but does not include any archaeological site or remains
declared by or under law made by Parliament to be of
national importance;
(e) ‘Director’ means the Director of Archaeology and includes
any officer authorised by the Government to perform the duties
of the Director;
(f) ‘Government’ means the Government of Andhra Pradesh;
(g) ‘maintain’ with its grammatical variations and cognate
expressions, includes the fencing, covering in, repairing,
restoring and cleansing of a protected monument, and the doing
of any act which may be necessary for the purpose of preserving
a protected monument or of securing convenient access thereto;
(h) ‘owner’ includes-
(i) a joint owner invested with powers of management
on behalf of himself and other joint owners and the
successor-in-title of any such owner; and
(ii)any manager or trustee exercising powers of
management and the successor-in-office of any such
manager or trustee;
(i) ‘prescribed’ means prescribed by rules made under this Act;
(j) ‘protected area’ means any archaeological site and remains
which is declared to be a protected area by or under this Act;
(k) ‘Protected monument’ means an ancient or historical
monument which is declared to be a protected monument by or
under this Act.
PROTECTION OF ANCIENT MONUMENTS AND
ARCHAEOLOGICAL SITES AND REMAINS
3.Certain ancient monuments, etc., deemed to be protected
monuments or areas -All ancient and historical monuments and all
archaeological sites and remains which have been declared by the2[Ancient
Monuments Preservation Act, 1904 (Central Act 7 of 1904)], or3[the
Hyderabad Ancient Monuments Preservation Act (Hyderabad Act VIII of
1337 F.),] to be protected monuments but which have not been declared by
or under law made by Parliament to be of national importance, shall be
deemed to be ancient and historical monuments or archeological sites and
1.  Substituted by the Act No. 19 of 2001, S.2.2. Shall Cease to have effect in the State of Andhra Pradesh to certain extent. See section 39
(2) of the Andhra Pradesh Ancient and Historical Monuments and Archaeological Sites and
Remains Act, 1960 (Andhra Pradesh Act No. VII of 1960).3. Repealed by the Act No.7 of 1960, S.39.
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remains declared to be protected monuments or areas for the purposes of
this Act.
4. Power of Government to declare ancient monuments etc., to be
protected monument and areas -(1) Where the Government are of opinion
that any ancient monument or archaeological site and remains not included
in section 3 requires protection under this Act, they may, by notification in
the Andhra Pradesh Gazette, give two months’ notice of their intention to
declare such ancient monument or archaeological site and remains, to be a
protected monument or a protected area as the case may be, and a copy of
every such notification shall be affixed in a conspicuous place near the
monument or the site and remains, as the case may be.
(2) Any person interested in any such ancient monument or
archaeological site and remains may, within two months after the issue of
the notification, object to the declaration of the monument, or the
archaeological site and remains, to be a protected monument or a protected
area.
(3) On the expiry of the said period of two months, the Government
may, after considering the objections, if any, received by them, declare by
notification in the Andhra Pradesh Gazette, the ancient monument or the
archaeological site and remains, as the case may be, to be a protected
monument or 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 ancient
monument or the archaeological site and remains to which it relates, is a
protected monument or a protected area for the purposes of this Act.
PROTECTED MONUMENTS
5. Acquisition of rights in a protected monument- (1) The Director may,
with the sanction of the Government, purchase, or take a lease of, or accept
a gift or bequest of, any protected monument.
(2) Where a protected monument is without an owner, the Director
may, by notification in the Andhra Pradesh Gazette, assume the
guardianship of the monument.
(3) The owner of any protected monument may, by written instrument,
constitute the Director the guardian of the monument, and the Director
may, with the sanction of the Government, accept such guardianship.
(4) When the Director has accepted the guardianship of a monument
under sub-section (3), the owner shall, except as expressly provided in this
Act, have the same state, right, title and interest in and to the monument,
as if the Director had not been constituted a guardian thereof; and the
provisions of this Act relating to agreements executed under section 6 shall
apply to the written instrument executed under sub-section (3).
(5) Nothing in this section shall affect the use of any protected
monument for customary religious observances.
6. Preservation of protected monument by agreement - (1) The Director,
when so directed by the Government, shall propose to the owner of a
protected monument to enter into an agreement with the Government within
a specified period, for the maintenance of the monument.
(2) An agreement under this section may provide for all or any of the
following matters, namely:-
(a) the maintenance of the monument;
(b) the custody of the monument and the duties of any person
who may be employed to watch it;
(c) the restriction of the owner’s right-
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(i) to use the monument for any purpose;
(ii) to charge any fee for entry into, or inspection of, the
monument;
(iii) to destroy, remove, alter or deface the monument, or
(iv) to build on or near the site of the monument;
(d) the facilities of access to be permitted to the public or any
section thereof or to archaeological officers or to persons
deputed by the owner or any archaeological officer or other
officer or authority authorised by the Government to inspect or
maintain the monument;
(e) the notice to be given to the Government in case the land on
which the monument is situated or any adjoining land is offered
for sale by the owner, and the right to be reserved to the
Government to purchase such land, or any specified portion of
such land, at its market value;
(f) the payment of any expenses incurred by the owner or by the
Government in connection with the maintenance of the
monument;
(g) the proprietary or other rights which are to vest in the
Government in respect of the monument when any expenses are
incurred by the Government in connection with the
maintenance of the monument;
(h) the appointment of an authority to decide any dispute
arising out of the agreement; and
(i) any matter connected with the maintenance of the monument
which is a proper subject of agreement between the owner and
the Government.
(3) The Government or the owner may, at any time, after the
expiration of three years from the date of execution of an agreement under
this section, terminate it on giving six months’ notice in writing to the other
party:
 Provided that where the agreement is terminated by the owner, he
shall pay to the Government the expenses, if any, incurred by them on the
maintenance of the monument during the five years immediately preceding
the termination of the agreement or, if the agreement has been in force for a
shorter period, during the period the agreement was in force.
(4) An agreement under this section shall be binding on any person
claiming to be the owner of the monument to which it relates, from, through
or under a party by whom or on whose behalf the agreement was executed.
7. Persons competent to exercise powers of owner under section 6, in
respect of a protected monument, when owner is under disability or
when it is a village property -(1) If the owner of a protected monument is
unable, by reason of minority or other disability, to act for himself, the
person legally competent to act on his behalf may exercise the powers
conferred upon an owner by section 6.
(2) In the case of a protected monument which is a village property, the
headman or other village officer exercising powers of management over such
property may exercise the powers conferred upon an owner by section 6.
(3) Nothing in this section shall be deemed to empower any person not
being of the same religion as the person on whose behalf he is acting to
make or execute an agreement relating to a protected monument which or
any part of which is periodically used for the religious worship or
observances of that religion.
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8. Application of endowment to repair a protected monument -(1) If any
owner or other person competent to enter into an agreement under section 6
for the maintenance of a protected monument refuses or fails to enter into
such an agreement, and if any endowment has been created for the purpose
of keeping such monument in repair or for that purpose among others, the
Government may institute a suit in the court of the district judge or, if the
estimated cost of repairing the monument does not exceed one thousand
rupees, may make an application to the district judge, for the proper
application of such endowment or part thereof.
(2) On the hearing of an application under sub-section (1), the district
judge may, summon and examine the owner and any person whose evidence
appears to him necessary and may pass an order for the proper application
of the endowment or any part thereof, and any such order may be executed
as if it were a decree of a civil court.
9. Failure or refusal to enter into an agreement-(1) If any owner or other
person competent to enter into an agreement under section 6 for the
maintenance of a protected monument refuses or fails to enter into such an
agreement, the Government may make an order providing for all or any of
the matters specified in sub-section (2) of section 6, and such order shall be
binding on the owner or such other person and on every person claiming
title to the monument from, through or under, the owner or such other
person.
(2) Where an order made under sub-section (1) provides that the
monument shall be maintained by the owner or other person competent to
enter into an agreement, all reasonable expenses for the maintenance of the
monument shall be payable by the Government.
(3) No order under sub-section (1) shall be made unless the owner or
other person has been given an opportunity of making a representation in
writing against the proposed order.
10. Power to make order prohibiting contravention of agreement under
section 6 -(1) If the Director apprehends that the owner or occupier of a
protected monument intends to destroy, remove, alter, deface, imperil, or
misuse the monument or to build on or near the site thereof in
contravention of the terms of an agreement executed under section 6, the
Director may, after giving the owner or occupier an opportunity of making a
representation in writing, make an order prohibiting any such contravention
of the agreement:
Provided that no such opportunity need be given in any case where
the Director for reasons to be recorded, is satisfied that it is not expedient or
practicable to do so.
 (2) Any person aggrieved by an order made under this section may
appeal to the Government within such time and in such manner as may be
prescribed, and the decision of the Government shall be final.
11. Enforcement of agreements -(1) If an owner or other person who is
bound to maintain a monument by an agreement executed under section 6
refuses or fails within such reasonable time as the Director may fix, to do any
act which in the opinion of the Director is necessary for the maintenance of
the monument, the Director may authorise any person to do any such act,
and the owner or other person shall be liable to pay the expenses of doing any
such act or such portion of the expenses as the owner may be liable to pay
under the agreement.
(2) If any dispute arises regarding the amount of expenses payable by
the owner or other person under sub-section (1), it shall be referred to the
Government whose decision shall be final.
12. Purchasers at certain sales and persons claiming through owner
bound by instrument executed by owner -Every person who purchases, at
a sale for arrears of land revenue or any other public demand, any land on
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which is situated a monument in respect of which any instrument has been
executed by the owner for the time being under section 5 or section 6, and
every person claiming any title to a monument from, through, or under, an
owner who executed any such instrument, shall be bound by such
instrument.
13. Acquisition of protected monument -If the Government apprehend
that a protected monument is in danger of being destroyed, injured,
misused, or allowed to fall into decay, they may acquire the protected
monument under the provisions of the1[Land Acquisition Act, 1894 (Central
Act 1 of 1894),] as if the maintenance of the protected monument were a
public purpose within the meaning of that Act.
14. Maintenance of certain protected monuments -(1) The Government
shall maintain every monument which has been acquired under section 13
or in respect of which any of the rights mentioned in section 5 have been
acquired.
 (2) When the Director has assumed the guardianship of a monument
under section 5, he shall, for the purpose of maintaining such monument,
have access to the monument at all reasonable times, by himself and by his
agents, subordinates and workmen, for the purpose of inspecting the
monument and for the purpose of bringing such materials and doing such
acts as he may consider necessary or desirable for the maintenance thereof.
15. Voluntary contributions -The Director may receive voluntary
contributions towards the cost of maintaining a protected monument and
may give such general or special directions as he considers necessary for the
management and application of the contributions so received by him:
Provided that no contribution received under this section shall be
applied to any purpose other than the purpose for which it was contributed.
16. Protection of place of worship from misuse, pollution or desecration-
(1) A protected monument maintained by the Government under this Act,
which is a place of worship or shrine shall not be used for any purpose
inconsistent with its character.
(2) Where the Government have acquired a protected monument under
section 13, or where the Director has purchased or taken a lease or accepted a
gift or bequest or assumed guardianship of, a protected monument under
section 5, and such monument or any part thereof is used for religious
worship or observances by any community, the Director shall make due
provision for the protection of such monument or part thereof, from pollution
or desecration-
(a) by prohibiting the entry therein, except in accordance with
the conditions prescribed with the concurrence of the persons,
if any, in religious charge of the said monument or part thereof,
of any person not entitled so to enter by the religious usages of
the community by which the monument or part thereof is used,
or
(b) by taking such other action as he may think necessary in
this behalf;
17. Relinquishment of Government rights in a monuments -With the
sanction of the Government, the Director may,-
(a) where rights have been acquired by the Director in respect of
any monument under this Act, by virtue of any sale, lease, gift
or will, relinquish, by notification in the Andhra Pradesh
Gazette, the rights so acquired to the persons who would for the
time being be the owner of the monument if such rights had not
been acquired; or
1. See now the provisions of Central Act 30 of 2013 wherein this Act has been repealed.
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(b) relinquish any guardianship of a monument which he has
assumed under this Act.
18. Right of access to protected monuments - Subject to any rules made
under this Act, the public shall have a right of access to any protected
monument.
PROTECTED AREAS
19. 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 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 not more than one foot of soil from
the surface.
(2) The Government may, by order, direct that any building
constructed by any person within a protected area in contravention of the
provisions of sub-section (1) shall be removed within a specified period and,
if the person refuses or fails to comply with the order, the Director may
cause the building to be removed and the person shall be liable to pay the
cost of such removal.
20. Power to acquire a protected area -If the Government are of opinion
that any protected area contains an ancient monument or antiquities of
regional interest and value they, may acquire such area, under the
provisions of the1[Land Acquisition Act, 1894 (Central Act I of 1894)] as if
the acquisition were for a public purpose within the meaning of that Act.
ARCHAEOLOGICAL EXCAVATIONS
21. Excavations in protected areas -Subject to the provisions of section
24 of the Ancient monuments and Archaeological Sites and Remains Act,
1958 (Central Act 24 of 1958) an archaeological officer or an officer
authorised by him in this behalf or any person holding a licence granted in
this behalf under this Act (hereinafter referred to as the licensee) may, after
giving notice in writing to the Director and the owner, enter upon and make
excavations in any protected area.
22. Excavations in areas other than protected areas -Subject to the
provisions of section 24 of the Ancient Monuments and Archaeological Sites
and Remains Act, 1958 (Central Act 24 of 1958) where an archaeological
officer has reason to believe that any area not being a protected area,
contains ruins or relics of historical or archaeological importance, he or an
officer authorised by him in this behalf may, after giving notice in writing to
the Director and the owner, enter upon and make excavations in the area.
23. Compulsory purchase of antiquities etc., discovered during
excavation operations -(1) Where, as a result of any excavations made in
any area under section 21 or section 22, any antiquities are discovered, the
archaeological officer or the licensee, as the case may be, shall,-
(a) as soon as practicable, examine such antiquities and submit
a report to the Government in such manner and containing
such particulars as may be prescribed;
(b) at the conclusion of the excavation operations, give notice in
writing to the owner of the land from which such antiquities
have been discovered, as to the nature of such antiquities.
(2) Until an order for the compulsory purchase of any such antiquities
1. See now the provisions of Central Act 30 of 2013 wherein this Act has been repealed.
10
is made under sub-section (3), the archaeological officer or the licensee, as
the case may be, shall keep them in such safe custody as he may deem fit.
(3) On receipt of a report under sub-section (1), the Government may
make an order for the compulsory purchase of any such antiquities at their
market value.
(4) When an order for the compulsory purchase of any antiquities is
made under sub-section (3), such antiquities shall vest in the Government
with effect from the date of the order.
24. Excavation etc., for archaeological purposes -Subject to the
provisions of section 21 and save as provided in sections 22 and 23, no
archaeological officer or other authority shall undertake, or authorise any
person to undertake, any excavation or other like operation for
archaeological purposes in any area which is not a protected area except
with the previous approval of the Government and in accordance with such
rules or directions, if any, as the Government may make or give in this
behalf.
PROTECTION OF ANTIQUITIES
25. Power of Government to control moving of antiquities - (1) If the
Government consider that any antiquities or class of antiquities ought not to
be moved from the place where they are without their sanction, the
Government may by notification in the Andhra Pradesh Gazette, direct that
any such antiquity or any class of such antiquities shall not be moved
except with the written permission of the Director.
(2) Every application for permission under sub-section (1) shall be in
such form and contain such particulars as may be prescribed.
(3) Any person aggrieved by an order refusing permission may appeal
to the Government whose decision shall be final.
26. Purchase of antiquities by Government - (1) If the Government
apprehend that any antiquity mentioned in a notification issued under sub-
section (1) of section 25, is in danger of being destroyed, removed, injured,
misused or allowed to fall into decay or are of opinion that, by reason of its
historical or archaeological importance, it is desirable to preserve such
antiquity in a public place, the Government may make an order for the
compulsory purchase of such antiquity at its market value and the Director
shall thereupon give notice to the owner of the antiquity to be purchased.
(2) Where a notice of compulsory purchase is issued under sub-
section (1) in respect of any antiquity, such antiquity shall vest in the
Government with effect from the date of the notice.
(3) The power of compulsory purchase given by this section shall not
extend to any image or symbol actually used for bonafide religious
observances.
PRINCIPLES OF COMPENSATION
27. Compensation for loss or damage -Any owner or occupier of land who
has sustained any loss or damage or any diminution of profits from the land
by reason of any entry on, or excavations in, such land or the exercise of
any other power conferred by this Act, shall be paid compensation by the
Government for such loss, damage or diminution of profits.
28. Assessment of market value or compensation -(1) The market value
of any property which the Government is empowered to purchase at such
value under this Act, or the compensation to be paid by the 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 the1[Land
Acquisition Act, 1894 (Central Act 1 of 1894),] so far as they can be made
1. See now the provisions of Central Act 30 of 2013 wherein this Act has been repealed.
11
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 Government and one
person nominated by the owner, or in case the owner fails to nominate an
assessor within such time as may be fixed by the Collector in this behalf, by
the Collector.
(2)  Notwithstanding anything in sub-section (1) or in the Land
Acquisition Act, 1894 (Central Act 1 of 1894), in determining the market
value of any antiquity in respect of which an, order for compulsory purchase
is made under sub-section (3) of section 23 or under sub-section (1) of
section 26, any increase in the value of the antiquity by reason of its being
of historical or archaeological importance shall not be taken into
consideration.
MISCELLANEOUS
29. Delegation of powers -The Government may, by notification in the
Andhra Pradesh Gazette direct that any powers conferred on them by or
under this Act shall, subject to such conditions as may be specified in the
direction, be exercisable also by such officer or authority subordinate to the
Government as may be specified in the direction.
30. Penalties- (1) Whoever-
(i) destroys, removes, injures, alters, defaces, imperils or
misuses a protected monument, or
(ii) being the owner or occupier of a protected monument
contravenes an order made under sub-section (1) of
section 9 or under sub-section (1) of section 10, or
(iii) removes from a protected monument any sculpture,
carving, image, bas-relief, inscription or other like object,
or
(iv) does any act in contravention of sub-section (1) of
section 19, shall be punishable with imprisonment which
may extend to three months or with fine which may
extend to five thousand rupees or with both.
 (2) Any person who moves any antiquity in contravention of a
notification issued under sub-section (1) of section 25 shall be punishable
with fine which may extend to five thousand rupees; and the court
convicting a person of any such contravention may, by order, direct such
person to restore the antiquity to the place from which it was moved.
31. Jurisdiction to try offences -No Court inferior to that of a magistrate
of the first class shall try any offence under this Act.
32. Certain offences to be cognizable -Notwithstanding anything in the1[Code of Criminal Procedure, 1898 (Central Act 5 of 1898),] an offence
under clause (i) or clause (iii) of sub-section (1) of section 30, shall be
deemed to be a cognizable offence within the meaning of that Code.
33. Special provision regarding fine -Notwithstanding anything in
section32 of the Code of Criminal Procedure, 1898 (Central Act 5 of 1898) it
shall be lawful for any magistrate of the first class specially empowered by
the Government in this behalf, to pass a sentence of fine exceeding two
thousand rupees on any person convicted of an offence which under this Act
is punishable with fine exceeding two thousand rupees.
1. See now the provisions of Code of Criminal Procedure, 1973 (Central Act No.2 of 1974)
12
34. Recovery of amounts due to the Government -Any amount due to
the Government from any person under this Act may, on a certificate issued
by the Director or an archaeological officer authorised by him in this behalf
be recovered in the same manner as an arrear of land revenue.
35. Ancient monuments etc., no longer requiring protection -If the
Government are of opinion that it is no longer necessary to protect any
ancient and historical monument or archaeological site and remains under
the provisions of this Act, it may, by notification in the Andhra Pradesh
Gazette, declare that the ancient and historical monument or archaeological
site and remains, as the case may be, has ceased to be a protected
monument or a protected area for the purposes of this Act.
36. Power to correct mistakes, etc. - Any clerical mistake, patent error or
error arising from accidental slip or omission in the description of any
ancient monument or archaeological site and remains declared to be a
protected monument or a protected area, by or under this Act may, at any
time, be corrected by the Government by notification in the Andhra Pradesh
Gazette.
37. Protection of action taken under the Act - No suit for compensation
and no criminal proceeding shall lie against any public servant in respect of
any act done or in good faith intended to be done in the exercise of any
power conferred by this Act.
38. Power to make rules -(1) The Government may, by notification in the
Andhra Pradesh Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following
matters, namely:-
(a) the prohibition or regulation by licensing or otherwise of
mining, quarrying, excavating, blasting or any operation of a
like nature near a protected monument or the construction of
buildings on land adjoining such monument and the removal of
unauthorised buildings;
(b) the grant of licences and permissions to make excavations
for archaeological purposes in protected areas, the authorities
by whom, and the restrictions and conditions subject to which,
such licences may be granted, the taking of securities from
licensees and the fees that may be charged for such licences;
(c) the right of access of the public to a protected monument
and the fee, if any, to be charged therefor;
(d) the form and contents of the report of an archaeological
officer or a licensee under clause (a) of sub-section (1) of section
23;
(e) the form in which applications for permission under section
19 or section 25 may be made and the particulars which they
should contain;
(f) the form and manner of preferring appeals under this Act and
the time within which they may be preferred;
(g) the manner of service of any order or notice under this Act;
(h) the manner in which excavations and other like operations
for archaeological purposes may be carried on;
(i) any other matter which is to be or may be prescribed.
(3) Any rule made under this section may provide that a breach
thereof shall be punishable,-
(i) in the case of a rule made with reference to clause (a) of
sub-section (2), with imprisonment which may extend to
three months, or with fine which may extend to five
13
thousand rupees, or with both;
(ii) in the case of a rule made with reference to clause (b)
of sub-section (2), with fine which may extend to five
thousand rupees;
(iii) in the case of a rule made with reference to clause (c)
of sub-section (2), with fine which may extend to five
hundred rupees.
(4) All rules made under this section shall, as soon as may be after
they are made, be laid on the Table of both the Houses of the State
Legislature for fourteen days and shall be subject to such modification,
whether by way of repeal or amendment, as the State Legislature may make
during the session in which they are so laid.
39. Repeals -(1) The Hyderabad Ancient Monuments Preservation Act
(Hyderabad Act VIII of 1337 Fasli) is hereby repealed.
(2) The Ancient Monuments Preservation Act, 1904 (Central Act 7 of
1904), shall cease to have effect in relation to ancient and historical
monuments and archaeological sites and remains declared by or under this
Act to be protected monuments or protected areas, except as respects things
done or omitted to be done before the commencement of this Act.

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