LexThe Himachal Pradesh Ancient and Historical Monuments and Archaelogical Sites and Remains Act, 1976
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH ANCIENT AND HISTORICAL
MONUMENTS AND ARCHAELOGICAL SITES AND REMAINS
ACT, 1976
ARRANGEMENT OF SECTIONS
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Certain ancient and historical monuments, etc. deemed to be
protected monuments or areas.
4. Power of Government to declare ancient monument s etc., to be
protected monuments and areas.
5. Acquisition of rights in a protected monument.
6. Preservation of protected monument by agreement .
7. Persons competent to exercise powers of owner u nder section 6
in respect of a protected monument, when owner is u nder
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 agreement.
12. Purchasers at certain sales and persons claimin g 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, po llution or
desecration.
17. Relinquishment of Government rights in a monum ent.
18. Rights of access to protected monuments.
19. Restrictions on enjoyment of proprietary right s in protected
areas.
20. Power to acquire protected areas.
21. Excavations in protected areas.
22. Excavations in areas other than protected areas .
23. Compulsory purchase of antiquities etc., discov ered during
excavation operations.
2 H.P. ANCIENT AND HISTORICAL MONUMENTS AND
ARCHAEOLOGICAL SITES AND REMAINS ACT, 1976
24. Excavations etc., for archaeological purposes.
25. Power of Government to control moving of antiq uities.
26. Purchase of antiquities by Government.
27. Compensation for loss or damage.
28. Assessment of market value or compensation.
29. Delegation of powers.
30. Penalties.
31. Jurisdiction to try offences.
32. Certain offences to be cognizable.
33. Recovery of amount due to the Government.
34. Ancient monuments, etc. no longer requiring pr otection.
35. Power to correct mistakes.
36. Protection of action taken under the Act.
37. Power to make rules.
38. Repeal and savings.
_________
THE HIMACHAL PRADESH ANCIENT AND HISTORICAL
MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS
ACT, 1976
(ACT NO. 32 1976)
1
(Received the assent of the Governor on the 2 nd August, 1976, and
was published in R. H. P. Extra., dated the 13 th August, 1976, at p.
1531-1543).
An Act to provide for the preservation of ancient a nd historical
monuments, archaeological sites and remains other t han those of
national importance, for the regulation of archaeol ogical
excavations and for the protection of sculptures, c arvings and
other like objects.
B
E it enacted by the Legislative Assembly of Himachal Pradesh in the
Twenty-seventh Year of the Republic of India, as follows:-
1. Short title, extent and commencement .- (1) This Act may be
called the Himachal Pradesh Ancient and Historical Monuments and
Archaeological Sites and Remains Act, 1976.
(2) It extends to the whole of Himachal Pradesh.
1. For Statement of Objects and Reasons, see R. H. P. Extra, dated the 12 th April,
1975. For its Authoritative Hindi Text see R. H. P. Extra 3-1-1987 p. 31.
H.P. ANCIENT AND HISTORICAL MONUMENTS AND 3
ARCHAEOLOGICAL SITES AND REMAINS ACT, 1976
(3) It shall come into force on such date as the State Government may
by notification appoint 1.
2. Definitions.- In this Acts, unless the context otherwise requires,-
(a) “ancient and historical monuments” means any s tructure,
erection of monument, or any tumulus or place of in terment, 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 than one hundred years and includes-
(i) the remains of an ancient and historical monum ent,
(ii) the site of an ancient and historical monum ent,
(iii) such portion of land adjoining the site of a n ancient and
historical monument as may be required for fencing or
covering in or otherwise preserving such monument, and
(iv) the means of access to, and convenient inspect ion of, an
ancient and historical monument; but does not include any
ancient and historical monument declared by or unde r law
made by Parliament to be of national importance;
(b) "antiquity" includes-
(i) any coin, sculpture, manuscript, epigraph or o ther work of
art or craftsmanship,
(ii) any article, object or thing detached from a b uilding or
cave,
(iii) any article, object or thing illustrative of science, art,
crafts, literature, religion, customs, morals or p olitics in
by gone ages,
(iv) any article, object or thing of historical int erest, and
(v) any article, object or thing declared by the G overnment by
notification to be an antiquity for the purposes of this Act,
which has been in existence for not less than one h undred
years;
(c) "archaeological officer" means an officer of th e Government
appointed for the purpose of exercising the powers conferred on,
and performing the functions assigned to, an archae ological
officer under this Act, and includes any other off icer authorised
by the Government to exercise and perform all or a ny of such
powers and functions;
(d) "archaeological sites and remains" means any ar ea which
contains or is reasonably believed to contain ruin s or relics of
1. Act came into force w. e. f. 1-5-1981 vide Not. No. WLP (3) 5/75-11 dated
15-4-1981 published in R. H. P. Extra, dated 27-4-1981 p. 291-292.
4 H.P. ANCIENT AND HISTORICAL MONUMENTS AND
ARCHAEOLOGICAL SITES AND REMAINS ACT, 1976
historical or archaeological importance which have been in
existence for not less than one hundred 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 inspect ion 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 a nd includes any
other officer authorised by the Government to exerc ise the
powers and perform the functions of the Director un der this
Act;
(f) "Government" means the Government of Himachal Pradesh;
(g) "maintain", with its grammatical variations and cognate
expressions, includes the fencing, covering in, rep airing,
restoring and organising of a protected monument, and the doing
of any act which may be necessary for the purpose of preserving
a protected monument or for securing convenient access thereto;
(h) "owner" includes-
(i) a joint owner invested with powers of manageme nt 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 m anagement
and the successor-in-office of any such manager or
trustee;
(i) "prescribed" means prescribed by rules made und er this Act;
(j) "protected area" means any archaeological site and remains
which is declared to be protected area by or under this Act; and
(k) "protected monument" means an ancient or histo rical 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 and historical monuments, etc. d eemed to be
protected monuments or areas .-All ancient and historical monuments and
all archaeological sites and remains which have bee n declared by the Ancient
Monuments Preservation Act, 1904 (7 of 1904), to be protected monuments or
protected areas respectively, but which have not been declared by or under the
law made by Parliament to be of national importance , shall be deemed to be
ancient and historical monuments or archaeological sites and remains declared
to be protected monuments or areas for the purposes of this Act.
H.P. ANCIENT AND HISTORICAL MONUMENTS AND 5
ARCHAEOLOGICAL SITES AND REMAINS ACT, 1976
4. Power of Government to declare ancient monuments etc. to be
protected monuments and areas .-(1) Where the Government is of opinion
that any ancient and historical monument or archaeo logical site and remains,
which has not been declared by or under the law mad e by Parliament to be of
national importance and which is not included in se ction 3 requires protection
under this Act, it may by notification give two mon ths' notice of its intention
to declare such ancient and historical monument or archaeological site and
remains to be a protected monument or 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 and h istorical
monument or archaeological site and remains may, wi thin two months after
the issue of the notification under sub-section (1) , 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 objection, if any, recei ved by it, declare by
notification the ancient and historical 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 th e fact that the ancient and
historical 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, accept
a gift, or bequest of any protected monument 1.
(2) Where a protected monument is without an owner, the Director
may by notification assume the guardianship of the monument.
(3) The owner of any protected monument may, by wri tten
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 guardianshi p of a monument
under sub-section (3), the owner shall, except as e xpressly provided in this
Act, have the same estate, 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 sect ion 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.
1. Protected monuments declared vide Not. No. Bhash aka (3) 1/81-II dated 12 th
February,1990, published in R.H.P. dated 10.3.1990, p. 218.
6 H.P. ANCIENT AND HISTORICAL MONUMENTS AND
ARCHAEOLOGICAL SITES AND REMAINS ACT, 1976
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) Any agreement under this section may provide fo r 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-
(i) to use the monument for any purpose,
(ii) to charge any fee for entry into, or inspecti on of, the
monument,
(iii) to destroy, remove, alter or deface the monu ment, 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 t o persons
deputed by any archaeological officer or other off icer or
authority authorised by the Government to inspect or maintain
the monument;
(e) the notice to be given to the Government in cas e the land on
which the monument is situated or any adjoining la nd is offered
for sale by the owner, and the right to be reserve d 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 ow ner or by the
Government in connection with the maintenance of th e
monument;
(g) the proprietary or other rights which are to v est in the
Government in respect of the monument when any expe nses 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 t he monument
which is a proper subject of agreement between the owner and
the Government.
(3) The Government or the owner may, at any time, a fter the expiration
of three years from the date of execution of any ag reement under this section,
terminate it on giving six month's notice in writing to the other party:
H.P. ANCIENT AND HISTORICAL MONUMENTS AND 7
ARCHAEOLOGICAL SITES AND REMAINS ACT, 1976
Provided that where the agreement is terminated by the owner, he shall
pay to the Government the expenses, if any, incurred by it on the maintenance
of the monument during the five years immediately p receding the termination
of the agreement or, if the agreement has been in f orce for a shorter period,
during the period the agreement was in force.
(4) An agreement under this section shall be bindin g on any person
claiming to be the owner of the monument to which i t 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 u nder section 6
in respect of a protected monument, when owner is u nder 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
Panchayat for the village where such property vests in the Panchayat or,
where such property does not vest in a Panchayat, a ny 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 empo wer any person not
being of the same religion as the person on whose b ehalf he is acting to make
or execute an agreement relating to a protected mon ument which or any part
of which is periodically used for the religious wor ship or observances of that
religion.
8. Application of endowment to repair a protected m onument .- (1)
If any owner or other person competent to enter int o 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 be en created for the
purpose of keeping such monument, in repair, or for that purpose among
others the Government may institute a suit in the c ourt 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-sect ion (1), the District
Judge may summon and examine the owner and any pers on 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 ord er 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 u nder section 6 for the
maintenance of a protected monument refuses or fail s 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
8 H.P. ANCIENT AND HISTORICAL MONUMENTS AND
ARCHAEOLOGICAL SITES AND REMAINS ACT, 1976
binding on the owner or such other person and on ev ery 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) provi des that the
monument shall be maintained by the owner or other person competent to
enter into an agreement, all reasonable expenses fo r the maintenance of the
monument shall be payable by the Government.
(3) No order under sub-section (1) shall be made un less the owner or
other person has been given an opportunity of makin g a representation in
writing against the proposed order.
10. Power to make order prohibiting contravention o f agreement
under section 6. - (1) If the Director apprehends that the owner or occupier of
a protected monument intends to destroy, remove, al ter, 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 maki ng a representation in
writing, make an order prohibiting any such contravention of the agreement:
Provided that no such opportunity may be given in a ny 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 thi s section may
appeal to the Government within such time and in su ch manner as may be
prescribed and the decision of the Government shall be final.
11. Enforcement of agreement .- (1) If an owner or other person who
is bound to maintain a monument by an agreement exe cuted under section 6
refuses or fails, with such reasonable time as the Director may fix, to do any
such act which in the opinion of the Director is ne cessary for the maintenance
of the monument, the Director may authorise any per son to do any such act,
and the owner or other person shall be liable to pa y the expenses of doing any
such act 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 e xpenses payable by
the owner or other person under sub-section (1), it shall be referred to the
Government whose decision on such reference 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 publi c demand, any land on
which is situated a monument in respect of which an y instrument has been
executed by the owner for the time being under sect ion 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
apprehends that a protected monument is in danger o f being destroyed,
injured, misused or allowed to fall into decay, it may acquire the protected
monument under the provisions of the Land Acquisition Act, 1894 (1 of 1894)
H.P. ANCIENT AND HISTORICAL MONUMENTS AND 9
ARCHAEOLOGICAL SITES AND REMAINS ACT, 1976
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 mainta ining such monument, have
access to the monument at all reasonable times, by himself or by his agent,
subordinates and workmen, for the purpose of inspecting the monument or 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 pro tected monument and may
give such general or special directions as he consi ders necessary for the
management and application of the contributions so received by him:
Provided that no contribution received under this s ection shall be
applied to any purpose other than the purpose for which it was contributed.
16. Protection of place of worship from misuse, pol lution or
desecration .- (1) A protected monument maintained by the Gover nment
under this Act which is a place of worship or shrin e shall not be used for any
purpose inconsistent with its character.
(2) Where the Government has acquired a protected m onument under
section 13, or where the Director has purchased or taken a lease or accepted a
gift or bequest or assumed guardianship, of a prote cted 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 fro m pollution or
desecration:-
(a) by prohibiting the entry therein except in acc ordance with the
conditions prescribed with the concurrence of the p ersons, if
any, in religious charge of the said monument or p art thereof,
of any person not entitled so to enter by the reli gious usages of
the community by which the monument or part thereo f is used,
or
(b) by taking such other action as he may think ne cessary in this
behalf.
17. Relinquishment of Government rights in a monume nt .-With the
sanction of the Government, the Director may-
(a) where rights have been acquired by the Directo r in respect of
any monument under this Act by virtue of any sale, lease, gift
or will, relinquish by notification the rights so acquired to the
10 H.P. ANCIENT AND HISTORICAL MONUMENTS AND
ARCHAEOLOGICAL SITES AND REMAINS ACT, 1976
person who would for the time being be the owner o f the
monument as if such rights had not been acquired; or
(b) relinquish any guardianship of a monument whic h he has
assumed under this Act.
18. Rights 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 proprietary rights in protected
areas .- (1) No person, including the owner or occupier of a protected area
shall construct any building within the protected a rea or carry on any mining,
quarrying, excavating, blasting, or any operation o f a like nature in such area
or utilise such area or any part thereof in any oth er 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 the purpos es 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 bui lding constructed
by the person within a protected area in contravent ion 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 dire ctor may cause the building
to be removed and the person shall be liable to pay the cost of such removal.
20. Power to acquire protected areas .- If the Government is of
opinion that any protected area contains any ancien t and historical monument
or antiquity of any interest and value, other than national interest and value, it
may acquire such area under the provisions of the Land Acquisition Act, 1894
(1 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 Archaeologi cal Sites and Remains
Act, 1958 (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 a nd Archaeological Sites
and Remains Act, 1958 (24 of 1958), where an archae ological officer has
reason to believe that any area, not being a protec ted area, contains ruins or
relics of historical or archaeological importance, he or an officer authorised by
H.P. ANCIENT AND HISTORICAL MONUMENTS AND 11
ARCHAEOLOGICAL SITES AND REMAINS ACT, 1976
him in this behalf may, after giving notice in writ ing to the Director and the
owner, enter upon and make excavations in the area.
23. Compulsory purchase of antiquities etc., discov ered during
excavation operations .- (1) Where, as a result of any excavations made i n
any area under section 21 or section 22, any antiqu ities are discovered the
archaeological officer or the licensee as the case may be, shall,-
(a) as soon as practicable, examine such antiquiti es and submit a
report to the Government in such manner and contai ning 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 an tiquities
have been discovered, as to the nature of such antiquities.
(2) Until an order for the compulsory purchase of any such antiquities
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), t he Government may
make an order for the compulsory purchase of any su ch antiquities at their
market value.
(4) When an order for the compulsory purchase of an y antiquities is
made under sub-section (3), such antiquities shall vest in the Government with
effect from the date of the order.
24. Excavations etc., for archaeological purposes .- Subject to the
provisions of section 21 and save as provided in se ctions 22 and 23, no
archaeological officer or other authority shall und ertake or authorise any
person to undertake, any excavation or other like o peration 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 antiqu ities .-(1) If
the Government considers that any antiquities or class of antiquities ought not
to be moved from the place where they are without i ts sanction, the
Government may be notification 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-sect ion (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
apprehends that any antiquity mentioned in a notifi cation issued under sub-
section (1) of section 25, is in danger of being de stroyed, removed, injured,
12 H.P. ANCIENT AND HISTORICAL MONUMENTS AND
ARCHAEOLOGICAL SITES AND REMAINS ACT, 1976
misused or allowed to fall into decay or is of opin ion that, by reason of its
historical or archaeological importance, it is desi rable to preserve such
antiquity in a public place, the Government may mak e 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 antiq uity 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 bon afide 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 di minution of profits from
the land by reason of any entry on, or excavations in, such land or the exercise
of any other powers 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 empow ered to purchase at
such value under this Act, or the compensation to b e 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 as certained in the manner
provided in sections 3, 5, 8 to 34, 45 to 47, 51 an d 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 competent person nominated by the Governme nt 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 i n this behalf, by the
Collector.
(2) Notwithstanding anything in sub-section (1) or in the Land
Acquisition Act, 1894 (1 of 1894) in determining th e Market value of any
antiquity in respect of which an order for compulso ry 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 reasons o f its being of historical or
archaeological importance shall not be taken into consideration.
MISCELLANEOUS
29. Delegation of powers .- The Government may by notification
direct that any powers conferred on it by or under this Act shall, subject to
such conditions as may be specified in the directio n, be exercisable also by
such official or authority subordinate to the Gover nment as may be specified
in the direction.
30. Penalties .-(1) Whoever,-
H.P. ANCIENT AND HISTORICAL MONUMENTS AND 13
ARCHAEOLOGICAL SITES AND REMAINS ACT, 1976
(i) destroys, removes, injures, alters, defaces, i mperils or misuses a
protected monument, or
(ii) being the owner or occupier of a protected mo nument,
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 sculpt ure, carving,
image, bas-relief, inscription or other like objects, or
(iv) does any act in contravention of sub-section (1) of section 19,
shall be punishable with imprisonment which may ex tend to
three months, or with fine which may extend to five thousand
rupees, or with both.
(2) Any person who moves any antiquity in contraven tion of
notification issued under sub-section (1) of sectio n 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, d irect 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
the Code of Criminal Procedure, 1973 (2 of 1974) an offence under clause (i),
or clause (iii) of sub-section (1) of section 30, s hall be deemed to be a
cognizable offence within the meaning of that Code.
33. Recovery of amount 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 author ised by him in this behalf,
be recovered in the same manner as an arrear of land revenue.
34. Ancient monuments, etc. no longer requiring pro tection .- If
the Government is of opinion that it is no longer n ecessary to protect any
ancient or historical monument or archaeological si te and remains under the
provisions of this Act, it may by notification decl are that the ancient and
historical monument or archaeological site and rema ins, as the case may be,
has ceased to be a protected monument or a protecte d area for the purposes of
this Act.
35. Power to correct mistakes .- Any clerical mistake, patent error or
error arising from accidental slip or omission in the description of any ancient
and historical monument or archaeological site and remains declared to be
protected monument or a protected area, by or under this Act may, at any
time, be corrected by the Government by notification.
36. Protection of action taken under the Act .- No suit for
compensation and no criminal proceeding shall lie a gainst 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.
14 H.P. ANCIENT AND HISTORICAL MONUMENTS AND
ARCHAEOLOGICAL SITES AND REMAINS ACT, 1976
37. Power to make rules .- (1) The Government may, by notification
and subject to the condition of previous publicatio n, make rules to carry out
the purposes of this Act.
(2) In particular and without prejudice to the gene rality 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 bu ilding on a
land adjoining such monument and the removal of una uthorised
buildings;
(b) the grant of licences and permissions to make excavations for
archaeological purposes in protected areas, the aut horities by
whom, and the restrictions and conditions subject to which, such
licences may be granted, the taking of securities from licences
and the fees that may be charged for such licences;
(c) the right of access of the public to a protect ed monument and the
fee, if any, to be charged therefor;
(d) the form and contents of the report of an arch aeological 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 whic h they shall
contain;
(f) the form and manner of preferring appeals unde r this Act, the
fees to be paid therefor and the time within which they may be
preferred;
(g) the manner of service of any order or notice u nder 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 pres cribed.
(3) Any rule made under this section may provide th at a breach
thereof shall be punishable;
(i) in the case of rule made with reference to cla use (a) of
sub-section (2), with imprisonment which may exten d to three
months, or with fine which may extend to five thou sand 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 hundred
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.
H.P. ANCIENT AND HISTORICAL MONUMENTS AND 15
ARCHAEOLOGICAL SITES AND REMAINS ACT, 1976
(4) Every rule made under this section shall be laid, as soon as may be
after it is made, before the Legislative Assembly w hile it is in session for a
total period of not less than fourteen days which m ay be comprised in one
session or in two or more successive sessions, and if before the expiry of the
session in which it is so laid or the sessions afor esaid, the Assembly makes
any modification in the rule or decides that the ru le should not be made, the
rule shall thereafter have effect only in such modified form or be of no effects,
as the case may be, so, however, that any such mod ification or annulment
shall be without prejudice to the validity of anyth ing previously done under
that rule.
38. Repeal and savings .- (1) The Ancient Monuments Preservation
Act, 1904 (7 of 1904), shall cease to have effect i n relation to ancient and
historical monuments and archaeological sites and r emains declared or
deemed to be declared by or under this Act to be pr otected monuments or
protected areas, except as respects things done or omitted to be done before
the commencement of this Act.
(2) The Punjab Ancient and Historical Monuments and
Archaeological Sites and Remains Act, 1964 (20 of 1 964), as in force in the
areas added to Himachal Pradesh under section 5 of the Punjab
Reorganisation Act, 1966 (31 of 1966) is hereby repealed:
Provided that anything done or any action taken, in cluding rules
made, notifications issued or proceedings commenced or continued under the
provisions of the Act hereby repealed shall be deem ed to have been done or
taken under the corresponding provisions of this Act.
(3) Nothing in this Act shall apply to ancient and historical
monuments or archaeological sites and remains decla red by or under law
made by the Parliament to be of national importance to any antiquities to
which the Ancient Monuments and Archaeological Site s and Remains Act,
1958 (24 of 1958) applies.
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