The ARUNACHAL PRADESH ANCIENT MONUMENTS, ARCHAEOLOGICAL SITES AND REMAINS PRESERVATION ACT. 1987

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TIiE ARUNACHAL PR.ADESH ANCIENT MONU.
MENTS, ARCHAEOLOGICAL SITES AND REMAINS
PRESERVATION ACT. 1987
(Act. No. 4 of 1990)
lo Vrotidefor preservalion o-{ .ertain oncienl and historicol
monuments and archaeologicul sites and remains and
for the regulotion of excatation of archaeological sites
in Anmachal Pradesh, other than o/ lhose declaretl by
po iament bv lqv lo be of national impotlance.
Be it enacted bv the Legislative Asscnrbly ofArunachal
Pradesh in the Thirty-eighth Year of tlre Republic of
India as follows :-
CHAPTER 1
PRELIMINA RY
l. (1) This Act may be called the
Pradesh Ancient Monuments, Archaeological
Remains Preservation Act, 1987.
Short title.
extent and
commence-
ment.
(2) It shall extend to the whole of Arunachal Pradesh
(3) It shall come into force at once
(4) Nothing in this Act shall apply to protected
monuments or protected areas as defined in clause (i)
and (j) respectively of soction 2 of the Anci€nt Monuments
and Archaeological Sites and Remains Act, 1958 and
as declared under section 3 of the Ancient Monuments
preservation Act, 1904.
2. tn this Act. urlcss the context othcrwise rcquires.- Definitirrns
(a) "ancient monument" means any structure,
erection or monument or any tumulas or place
of interment or any qlve, rock - sculpture, inscription
or monolith, which is of historical, archaeological
o!' artistic interest and which has been in existence
for not less than one hundred years, and includes-
(i) the remains of an ancicnt monument,
(ii) the site of an ancient monument,
Arunachal
Sites and
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(b) "antiquity" includes-
(i) any coin, sculpture, manuscript, epigrap
or other work of art or craftsmanship,
(ii) an)' article, objest or thing detached from
a building or cave.
(iii) such portion of land adjoining the site of
an ancient monument as may be required
for fencing or covering in or otherwise
preservirg sucl'r monument, and
(iv) the means of access to, and convenient
inspection of, an ancient monument;
(iii) any article, object or thing illustrative of
sciencr art, crafts, literalure, religion,
customs, morals or politics in bygone ages,
(iv) any article. object or thing of
intcrest, and
historical.
(v) any article, object or thing declared by the
GovernDetrt, by nolification in the Official
Gazette, to be an antiquity for thc purposes
of this Act, which has been in existence for
not less than one hundred years;
(c) "Archaeological Officer" means an officer of
the Historical/Archaeological Section of the
Department of Research, Government of Aruna-
chal Pradesh and includes any oflicer authorised
by the Government to p€rform the duties of
the Archaeological Officer under this Act ;
(d) "archaeological site and remains" means any
area which contains or is reasonably believed
to contain ruins or relics of historical or archaeo-
logical importance, which have been in existance
for not less than one hundred years, and includes-
(i) such portion of land adjoining the area
as may be required for fencing, covering
in, or otherwise preserving it, and
(ii) the means of access to. and convenient
iospection of, the arca ;
(e) "Goventment" means thc Govcrnment ol
Arunachal Pradesh ;
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(O "maintain" with its grammatical variations and
cognate expressions, includes the fencing, covering
in, repairing restoring and cleaning of a protected
monument and the doing of any act which may
be necessary for the purpose of a protected
monument or of securing convenient access
thereto ;
(g) "Owner" includes-
(i) a joint owner invested with power of manage-
ment on b€half of himself and other omers
and the successor-in-title ofany such owner ;
and
(ii) any manager or trustee exercising powers of
management and the successor-in-office
of any such manager or trustee ;
(h) "prescribed" means prescribed by rules made
under this Act ;
(i) "protected area" means any archaeological site
and remains which is declared so by the Govern-
ment under se.tion 3 of this Act ;
(j) "protected monument" means an ancient monu-
ment which is declared to be a protected monu-
ment under section 3 of this Act.
CHAPTER II
PROTECTED MONUI\,IENTS AND PROTECTED
AREAS
3. (l) The Government may, by notification in
the Ofrcial Gazette, declare any ancient monument
to be protected monument or any archaeological sites
and remains to be protected areas for the purpose of
this Act and a copy of every such notification shsll be
affixed in conspicuous place of such monument or archaeo-
logical site and remains as the case may be.
(2) Any person interested in such monument or
archaeological siles and remains may, within sixty days
from the date ofissue ofthe notification, submit objections,
if any , to such declaration to the Government.
(3) On the expiry of the said period of sixty days,
the Government may. after considering the obiections,
ifany, shall confirm or modify or withdraw the nolification.
Power to
declare
protected
monuments
or protected
areas.
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6. (1) ff the owner of a protected monunont is
unable, by reason of infancy or other disability, to act
for himself, the person legally competent to act on his
behalf may exercise the powers conlerred upon an owner
bv section 5-
(2) In the case of village property. the headmao
or other village-omcer exercising powers of management
over such property may exercise the powers conferred
upon an owner by section 5.
(3) Nothiug in this section shall be deemed to em-
po\ryer any Ixrson 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 whrch is periodically used for the religious
worship or observances of that religion.
7. (l) If any owner or other person competent
to enter into an agreement under section 5 for main-
tonance of a protected monumant, 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 prrrpose among othcrs, the Govern-
ment may institute a surt in the court of the Distflct
Judge, or if the estimated cost of repairing thc monu-
ments does not Cxceed one thousend rupees may make an
application to the District Judge for the propcr appli-
cation of such endowment or part thereof.
(2) On the hearing of an application under sub-
section (I), 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 appli-
cation of the endowment or of any part thereof and
any such order may be executed as if it were a decree
of Civil Court.
8. (l) If any owner or other person competent
to enter into ao agreement under section 5 for the main-
tenance 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 5 and such order
shall be binding on the owner or such other person and
on every p€rson claiming title to the monumeot from,
through or under, the owner or such other person.
(2) Where an order made under sub-section (l)
provides that the monument shall be maintained by the
owner or other person competent to enter into an agree-
ment, all reasonable expenses for the maintenance of
the monument shall be payable by the Government.
Owncrs under
disability or
not possession,
Application
of endowment
to repair
protected
monument.
Failure or
refusal to
enfer into
agreement.
(3) No order under sub.section (l) shall bo made
unless the owner or other person has been given an
opportunity of making a representation, in writing,
against the proposed order.
9. (l) If the Archaeological Officer apprehends
that the owner or occupier of a protected monument
is likely to destroy, remove, alter, deface, imp€ril or
misuse the monumert or to build on or near the site
thereof in contravention of the terms of an agreemcnt
under s€ction 5, he may, after giving the owner or occupier
an opportunity of making a repres€ntation, in writing,
make an order prohibiting any such contravention of
the agreement :
Provided that no such opportuDity may be given
in any case where the Archaeological Officer for reasons
to be recorded is satisfied that it is not expedient or
practicable to do so.
(2) Aly person aggreived by an other under this
section may appeal to the Government within such
time snd in such manner as may be prescritred and the
decision of the Government shall be final.
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10. (l) If an owner or order person who is bound
by an agreement for the maintenance of a monument
under section 5 refuses or fails, within such reasonable
time as the Govemment may fix, to do any such act
wbich, in the opinion of the Government, is necessary
for the maintenance of the monument, the Governmeot
may authoris€ 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.s€ction (l) it shall be referred to the Government
whose decision shall be 6na.l.
ll. Every person who purchases, at a sale for
arrears of land reveunc or any other public demand, any
land on which is situated a ,monument in respect ol
which any instrument has been executed by the owner
for the time bcing under section 4 or section 5, and every
person claiming any title to a monument from, through
or under an owner who executed any such instrumetrt
shall be bound by such instrument.
Power to
make ordcr
prohibiting
conttaven-
tion of
agreement,
Enforcemetrt
of agree-
ment.
Purchascrs at
c€rtain sales
and persons
claiming
through owner
bound by
iDstrumetrt
executed by
owner.
11. If the Government apprehends that a prolccted
nonument is in darger of being destroyed, injurcd,
misused, or allowed to fall in to decay, it may acquire
the protected monument under provisions of the I-and
Acquisilion Act, 1894, as if the maintenance of the protec-
ted monument were a public purpose within the meaning
of thBt Act.
13. (l) The Govemment sh.rll maintain ever)
monument which has been acquircd uoder scction 12
or in respect ol which any of the rights mentioned in
section 5 have been acquired.
(2) When the Government has assumed the guardian-
ship of a monument undcr section 4, it shall, for the
purpose of maintaining such monument have access
to the monument at all reasonable times, by itsetf and
b1,its agent, subordinates and workmcn, lbr the purpose
of inspecting the monumcnt and for the purpose of
bringing such materials and doing such acts as the Govern-
ment may consider necessary or desirable for the mainten-
ance thereof.
14. The Govemment may receive voluntary contri-
butions towards the cost of maintaining a protected
monument and may give orders as to the management
and application of any funds so received by it :
Proyided that no such contribution received under
this section shall be applied to any purpose other than
the purpose for which it was contributed, without consent,
in writing, of the donar.
15. (l) The protrcted monumcnt maintaioed by
the Goyernment 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 has acquired a protected
monument under sectionl2, or has purchased, or taken
a lease or acbepted a gift or bequcst or assumed guardian-
ship of , a protected monument under section 4, and
such monument or any part thereof is used lor religious
worship or observances by any community, the Govern-
ment shaU make due provision for the protection of
such monument of part thereof, from pollution or
desecration-
(a) by prohibiting the entry therein, except in accor-
dance with the conditions prescribed with the con-
currencc o[ the person, if any, in religious charge of
Compulsory
acquisitron of
protected
monuments.
Maint enance
of certain
protected
monumrnts.
Voluntary
contributions.
Protection of
place of
*'orship from
mlsuse,
pollution or
des;crtioD.
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the said monument or part thereof, any person, not
entitled to enter by the religious usages of the commu-
nity by which the monument or part thereof is used, or
16. Where rights have been acquired by the Govern-
ment in respect of any monument under this Act by
virtue of any sale, lease, gitt or will, the Government may,
by notification in the Omcial Gazstte, relinquish the
rights so acquired to the person who would- for the
lime belng, be the owner of the monument if such rights
had not been acquired.
17. Subject to any rules made under this Act the
public shall haye a right of access to any protected
monument.
18. (i) No person, including the owner or occupier of
a ?rotected monument or area shall construct any building
within the protected area or carry on any mirring, 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 Goyernment:
Provided that nothing in this sub-section shall be
deemed to prohibit the use of any such are{ or part
thereof for purposes of cultivation, if such cultivation
does not involved the digging of not more than one foot
of soil from the surface.
(2) The Govemment may, by order, direct that
any building constnrcted by any person within a pro-
tected area in contravention of the provisions of sub-
section (l) shall be removed within a specified period
aod, if the person refuses or fails to comply with thc
order, the Deputy Commis;ioner may cause the building
to be demolished and the person concemed shall be
liable to pay the cost of such removal.
19. If the Government is of opinion that any pro-
t€cted area contains an ancient monumcnt or antiquities
of archaeological interest and value, it may acquire such
area under the provisions ofthe Land Acquisition Act,
1894, as if the acquisition were for a public purpose
within the meaning of that Act.
Relinquishment
of rights in
monuments
by Govern-
ment.
Right of
access to
protected
monuments.
Rights of
access to certain
protect€d
monuments,
restrictions on
enjoyment of
rights in protec-
ted area.
Power to
aequire
protected
afea.
(b) by taking such action as it uray think necessary
in this behalf.
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GovernmcDt. the Government may. by notification in
thc Omcial Gazette, dir€ct that any such antiquities
or any class of such antiquities shall not be moved except
with the written permission of the Government.
(2) Every application for permission under sub-
section (l) shall be in such form and contain such parti-
culars as may be prescribed.
(3) Person aggrieved by an order rcfusing permission
may appeal to the Government whose decision shall
be f,nal.
24. (l) If the Goyernment apprehends that any
antiquity mentioned in a notifcation issued under suE
section (l) of section 23 is in danger of being destroyed,
removed, injured, misused or allowed to fall into decay
or is of opinion that, by reason of its historical or archa-
eological importance, it is desirable to preserve such
antiquity, the Government may make an order for the
compulsory purchase of such antiquity at its market
value and tbe Archaeological Officer shall thereupon
give notice to the owner of the antiquity to be purchased.
(2) Wh€re a notice of compulsory purchase is issued
under sub-section (l) 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 worship or observances.
CHAPTER V
PRINCIPLES OF COMPENSATION
25. Any owner or occupier of a land who has sus-
tained any loss or damage or any diminution of profits
from the land by reason of any entry on or excavation
in, such land or the exercise of any other power conferred
by this Act shall be paid compensation by the Govern-
ment lor such loss, damage or diminution of profits.
26. (l) The market value of any propeny which
the Government is empowered to purchase at such value
under this Act or the compensation to be paid by the
Governnlent in respect of anything done under this
Act shall, where any dispute arises in respect of such
market valuc or compensation, be ascertained in the
manner provided in sections 3, 5, 8 to 34, 45 to 47, 5l
and scction 52 of the I-and Acquisition Act, 1894 so
l'ar as they can be made applicable :
moving ot'
antiquitics
Purchase of
antiquities
by the
GoYernment
Compensation
for loss or
damage.
Assessment oI
market value
or compen-
sation.
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Provided that, when making an enquiry under the
said Land Acquisition Act, the Deputy Commissioner
shall be assisted by the two assessors one of whom
shall bc nominated by the o,rner and in case the owner
l'ails to norlinate as assessols rvithin such reasonable
tine as may be fixcd by the Deputy Commissioner in
this behalf the Deputy Conmissiouer shall make enquiry
by himself.
27. Tlre Government may, by notification in the
Olicial Gazette, direct that any powers conferred on
it by or undcr this Act shall, subjcct to such conditions
as may bc specified in the direction, be exercisable
also by such omcer or authorit_v subordinate to the Govern-
ment as may be specified in the direction.
28. (l) Whoever
(i) destroys, remoyes, idures, altcrs, defaces,
imperils or misuses a protected monument ;or
(ii) beiDg the owncr or occupicr of a protected monu-
ment contravenes an order made under sub-
scction (l) of scction 8 or under sub-section (l)
of section 9 ;
(iii) removes from a protected monument, any
sculpture, carving, images, bas-relief,inscription
or other like obiects ; or
{iv) does any act in contravention of sub-section (l)
of section 18,
shall be punishable rvith imprisonmcnt which may exteod
to one year or with fine which may' extend to ten thousand
rupees or both.
Delegation
of porvcrs.
Penalties.
JurisCiction
to try ofences,
Certain
offenc€s to
bc cognizable.
(2) Any person v,'ho moves any antiquity in contra-yention of a notification issued under sub-seclion (l) of
section 23 shall be punishable with line which may extend
to five thousand rupees and tbe court convicting a person
of any such contravention may, by ordor direct such
person to restore the antiquity to the place from rvhere
it was removed.
29. No court inferior to that of a Magistratc of the
first class shall try any offence under this Act.
30. Notwithstanding anything crntainod in the
Code of Criminal Procedure, 1973, offences under clause
(i) o; clause (iii) of sub-section (l) of section 28 shall
be deemed to be a cognizable offencc rvithin the meaning
of thal Code.
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31. Notwilhstanding anything contained in section
29 of the Criminal Procedure Code 1973. it sball be
lawful for any Magistrate of First Class, spr:cially emporv-
ered by the Government in this behalf to pass a sentence
of fine exceeding two thousand mp€es on any person
convicted of an offenc€ which under this Act is punishable
with fine exceeding two thousand rupees.
Spec!a.l
provlston
regarding
fine.
Recovery of
amounts duc
to the
Government.
32. A-ny amount due to the Goyernment from any
person under this Act shall, on a certificate issued by
the Archaeological Officer, be recoverable in the
game manner as an arcar of public demand.
33. If the Government is of the opinion that it is no
longer necessary to prcserve or protect an)' protected
monuflrent or protected arca, it may, b) notification
in tbe Official Gazette. declarc that such monument or
area shall ccasc to be protected monumcnt or protected
area for the purpose of this Act.
34. (l) The Govemment ma1'. by notification in
the Omcial Gazette and subiect to the condition of prc-
vious publication, make mlcs for carrying out the pur-
poses of this Act.
(2) In particular and without prcjudice to the
gererality of the foregoing power, such rules may
provide forall or any ofthe following matters. namely :-
(a) the right of access ofthe public to f, protectcd
monument or arca and the fce, if any, to
be charged thcreof ;
(b) the form and contents of the rcport of an
Archaeological Omcer under clause (a)
of sub-section (l) of section 22 ;
(c) the form lhich application for permission
under section 18 or 24 may be made and
particula.s which excavation and other
like operations for archaeological purposes
may be carricd on :
(f) the manner in which excavation and other
like operations for archaeological purposes
may be carried on ;
(g) any other matter which is to be or mav
be prescribed.
Protected
mgnument
wh ich ceased
to be such
monument
or area.
Povr'er to
make rules.
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(3) Any rule made under this section may also provide
that a breach thereof shall be punishable :-
(b)
five
(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 thousand rupees, or with both ;
(ii) in the case of rule made *'ith rcfercnce to clause
of sub-section (2), with fine which may extend to
thousand rupees ;
(iii) in thc case of a rule made with rcference to
clausc (c) of sub-section (2), with 6ne which mat extend
to five thousand rupces.
/r'OIE .' Published in the Arunachal Pradesh Gazette.
Extraordinary No. 269, Vol I\', dated May
25. I990.

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