The ANCIENT MONUMENTS PRESERVATION ACT, 1977

 ANCIENT MONUMENTS
PRESERV ATION ACT, 1977
(1920  A.D. )
Act No. V of Samvat 1977
Section
1. Short title, extent and
commencement.
2. Definitions.
3. Protected monuments.
ANCIENT MONUMENTS
4. Acquisition of rights in or
guardianship of an ancient
monument.
5. Preservation of ancient
monument by agreement.
6. Owners under disability or not
in possession.
7. Enforcement of agreement.
8. Purchasers at certain sales and
persons claiming through
owner bound by instrument
executed by owner.
9. Application of endowment to
repair of an ancient monument.
10. Compulsory purchase of
ancient monuments.
10-A. Power of Government to
control mining etc. near
ancient monuments.
THE ANCIENT MONUMENTS PRESERV ATION ACT , 1977 (1920  A.D. )
Act No. V of Samvat 1977.
CONTENTS.
Section
10-B. Prohibited and regulated area.
10-C. Construction in and around
monument.
11. Maintenance of certain
protected monuments.
12. V oluntary contributions.
13. Protection of place of worship
from misuse pollution or
desecration.
14. Relinquishment of Government
rights in a monuments.
15. Right of access to certain
protected monuments.
16. Penalties.
TRAFFIC IN ANTIQUITIES
17. Power of Government to
control traffic in antiquities.
PROTECTION OF SCULPTURES,
CARVINGS IMAGES, BASRELIEFS
INSCRIPTIONS OR LIKE OBJECTS
18. Power of Government to
control moving of sculptures,
carvings or like objects.
Section
19. Purchase of sculptures,
carvings or like objects by the
Government.
EXCA V A TIONS
20. Power of Government to notify
areas as protected.
20-A. Power to enter upon and make
excavation in a protected area.
20-B. Power of Government to make
rules regulating archaeological
excavation in protected area.
Section
20-C. Power to acquire a protected
area.
21. Assessment of market value or
compensation.
22. Jurisdiction.
23. Power to make rules.
24. Protection to public servants
acting under Act.
–––––––––––––
Amendments made (after 1956 edition) by Act No.––
1. XL of 1966.
2. XXV of 2010.
318 ANCIENT MONUMENTS PRESER VATION ACT, 1977
THE ANCIENT MONUMENTS PRESERV ATION ACT , 1977 (1920 A.D.)
(Act No. V of Samvat 1977)
[Sanctioned by His Highness the Maharaja Sahib Bahadur per chief
Minister’s endorsement No. 8372, dated 11th September , 1920 read with State
Council Resolution No. 1 dated 8th April, 1925, (Notification No. 14-L/81)]
An Act to provide for preservation of Ancient Monuments and of objects of
archaeological, historical or artistic interest.
Whereas it is expedient to provide for the preservation of ancient monuments,
for the exercise of control over traffic in antiquities and over excavation in certain
places, and for the protection and acquisition in certain cases of ancient monuments
and of objects of archaeological, historical or artistic interest; it is hereby enacted
as follows:__
1. Short Title, extent and commencement.–– (1) This Act may be called the
Jammu and Kashmir Ancient Monuments Preservation Act, 1977.
(2)  It extends to the whole of Jammu and Kashmir State. It shall come into
force on the 1st day of Baisakh, 1978.
2. Definitions.  –– In this Act, unless there is anything repugnant in subject
or context––
(1) “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 1[and has been in existence for not less than one
hundred years], or any remains thereof and includes––
(a) the site of an ancient monument ;
(b) 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
(c) the means of access to and convenient inspection of an
ancient monument ;
(2) “Antiquities” include any movable objects which the Government,
by reason of their historical or archaeological associations, may
think it necessary to protect against injury, removal or dispersion ;
1 Inserted by Act No. XXV of 2010, s.3, w.e.f. 25.10.2010.
1[(3) “Archaeological Officer” means any officer of the Archaeology
Department, not below the rank of Deputy Director;
(3A) “construction” means any erection of a structure or a building,
including any addition or extension thereto, either vertically or
horizontally but does not include any reconstruction, repair or
renovation of an existing structure or building or, construction,
maintenance and cleansing of drains or drainage works or public
latrines, urinals and similar conveniences, or, the construction and
maintenance of works meant for providing supply of water for public,
or the construction, maintenance, extension and management for
supply and distribution of electricity to the public, or provision for
similar facilities for public ;]
(4) “maintain” and “maintenance”, include the fencing, covering in,
repairing and cleansing of a protected monument, and the doing of
any act which may be necessary for the purpose of maintaining a
protected monument or of securing convenient access thereto ;
(5) “land” includes a revenue-free estate, a revenue paying estate and
a permanent transferable tenure whether such estate or tenure be
subject to incumbrance, or not ;
(5-a) “Minister” means the Minister-in-charge of the Archaeological
Department ; and
(6) “owner” includes a joint owner invested with powers of management
on behalf of himself and other joint owners, and any manager or
trustee exercising powers of management over an ancient monument,
and the successor in title of any such owner and the successor in
office of any such manager or trustee :
Provided that nothing in this Act shall be deemed to extend the powers
which may be exercised by such manager or trustee;
2[(7) “prescribed” means prescribed by rules framed under this Act ; and
(8) “State Protected Monument” means any monument declared to be
protected under this Act.]
1. Clauses (3) and (3A) inserted by Act No. XXV of 2010, s.3, w.e.f. 25.10.2010.
2. Clause (7) inserted ibid.
320 ANCIENT MONUMENTS PRESER VATION ACT, 1977
3. Protected monument.–– (1) The 1[Government] may, by notification in the
Government Gazette, declare an ancient monument to be a protected monument
within the meaning of this Act.
(2) A copy of every notification published under sub-section (1) shall be
fixed up in a conspicuous place on or near the monument, together with an intimation
that any objections to the issue of the notification received by 1[the Government]
within two months from the date when it is so fixed up will be taken into
consideration.
(3) On the expiry of the said period of two months, 1[the Government] after
consideration the objections, if any, shall confirm or withdraw the notification.
(4) A notification published under this section shall, unless and until it is
withdrawn, be conclusive evidence of the fact that the monument to which it
relates is an ancient monument within the meaning of this Act.
4. Acquisition of rights in or guardianship of an ancient monument.–– (1)
The 2[Director, Archaeology], with the sanction of the 1[Government,] may purchase
or take a lease of any protected monument.
(2) The 2[Director, Archaeology], with the like sanction, may accept a gift or
bequest of any protected monument.
(3) The owner of any protected monument may, by written instrument,
constitute the 3[Director, Archaeology] the guardian of the monument, and the
Minister may, with the sanction of the Government accept such guardianship.
(4) When the 3[Director, Archaeology] has accepted the guardianship of a
monument under sub-section (3), the owner shall, except as expressly provided in
this Act, have the same estate, right, title and interest in and to the monument as if
the 2[Director, Archaeology] had not been constituted guardian thereof.
(5) When the 3[Director, Archaeology] has accepted the guardianship of a
monument under sub-section (3), the provisions of this Act relating to agreements
executed under section 5 shall apply to the written instrument executed under the
said sub-section.
(6) Where a protected monument is without an owner, the 3[Director,
Archaeology] 4[may, with the prior sanction of the Government, assume] the
guardianship of the monument.
1. Substituted for “Minister” by Act No. X of Samvat 1996.
2. Substituted for the words “Superintendent of Archaeology” by Act No. XXV of 2010, s.2.
3. Substituted for the words “Minister” ibid, s.4.
4. Substituted for the words “may assume” ibid.
ANCIENT MONUMENTS PRESER VATION ACT, 1977  321
5. Preservation of ancient monument by agreement.  __ (1) The 1[Director,
Archaeology] may, with the previous sanction of 2[the Government] propose to
the owner to enter into an agreement with 2{3[the Government}, within a specific
period, for the preservation] of any protected monument.
(2) An agreement under this section may provide for the following matters,
or for such of them as it may be found expedient to include in the agreement:––
(a) the maintenance of the monument ;
(b) 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 to destroy , remove, alter or deface
the monument or to build on or near the site of the monument ;
(d) the facilities of access to be permitted to the public or to any portion
of the public and to persons deputed by the owner or the 1[Director,
Archaeology] 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 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 preservation of the
monument ;
(g) the proprieta ry or other rights which are to vest in 2[the
Government] in respect of the monument when any expenses are
incurred by the Government in connection with the preservation
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 preservation of the monument which
is a proper subject of agreement between the owner and the
Government.
1. Substituted for the words “Superintendent of Archaeology” by Act No. XXV of 2010, s.2.
2. Substituted for “His Highness” by Act No. X of Samvat 1996.
3.  Substituted for the words “Government for the preservation” by Act No. XXV of 2010, s.5.
322 ANCIENT MONUMENTS PRESER VATION ACT, 1977
(3) An agreement under this section may be executed by the 1[Director,
Archaeology] on behalf of  2[the Government] but shall not be so executed until it
has been approved by 2[the Government.]
3[(3-A) If any owner or other person competent to enter into an agreement
under sub-section (2) for the maintenance of protected monument refuses or fails
to enter into any such agreement within the specified time, the Government on the
motion of Director, Archaeology, may make an order providing for all or any of the
matters specified in sub-section (2) 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.]
(4) The terms of an agreement under this section may be altered from time to
time with the sanction of  2[the Government] and with the consent of the owner.
(5) With the previous sanction of 2[the Government the 1[Director,
Archaeology] may terminate an agreement under this section on giving six months’
notice in writing to the owner.
(6) The owner may terminate an agreement under this section on giving six
months’ notice to the 3[Director, Archaeology] 4[:]
4[Provided that where the agreement is terminated by the owner, he shall pay
to the Government, the expenses, if any, incurred by the Government 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.]
(7) An agreement under this section shall be binding on any person claiming
to be owner of the monument to which it relates, through or under a party by whom
or on whose behalf the agreement was executed.
(8) Any rights acquired by Government in respect of expenses incurred in
protecting or preserving a monument shall not be effected by the termination of an
agreement under this section.
6. Owner under disability or not in possession.––(1) If the owner 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 conferred upon an owner
by section 5.
1. Substituted for the words “Superintendent of Archaeology” by Act No. XXV of 2010, s.2.
2. Substituted for “His Highness” by Act No. X of Samvat 1996.
3. Sub-section (3-A) inserted by Act No. XXV of 2010, s.5, w.e.f. 25.10.2010.
4. Full stop substituted by colon and thereafter proviso added ibid.
ANCIENT MONUMENTS PRESER VATION ACT, 1977  323
(2) In the case of 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 5.
(3) Nothing in this section shall be deemed to empower any person not
being of the same religion as the persons 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.
7. Enforcement of agreement.––(1) If the 1[Director, Archaeology] apprehends
that the owner or occupier of a monument intends to destroy, remove, alter, deface
or imperil the monument or to build on or near the site thereof in contravention of
the terms of an agreement for its preservation under section 5, the 2[Deputy
Commissioner] on the motion of the 1[Director, Archaeology] may make an order
prohibiting any such contravention of the agreement.
(2) If an owner or other person who is bound by an agreement for the
preservation or maintenance of a monument under section 5, refuses to do any act
which is in the opinion of the 1[Director, Archaeology] necessary to such
preservation or maintenance, or neglects to do any such act within such reasonable
time as may be fixed by the 1[Director, Archaeology], the 1[Director, Archaeology],
may authorise any person to do any such act, and the expense of doing any such
act or such portion of the expense as the owner may be liable to pay under the
agreement may be recovered from the owner as if it were an arrear of land revenue.
(3) A person aggrieved by an order made under this section may appeal to
the Minister, who may cancel or modify it and whose decision shall be final.
8. 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, an estate or tenure in which is
situated a monument in respect of which any instrument has been executed by the
owner for the time being, under section 4 or section 5, and every person claiming
any title to monument from, through or under an owner who executed any such
instrument, shall be bound by such instrument.
9. Application of endowment to repair of an ancient monument.––(1) If any
owner or other person competent to enter into an agreement under section 5 for
the preservation of a protected monument, refuses or fails to enter into him by the
1[Director, Archaeology], and if any endowment has been created for the purpose
of keeping such monument in repair or for that purpose among others, the 1[Director,
Archaeology] may institute a suit in the Court of the District Judge, or, if the
1. Substituted for the words “Superintendent of Archaeology” by Act No. XXV of 2010, s.2.
2. Substituted for “Governor” by Act No. X of Samvat 2010.
324 ANCIENT MONUMENTS PRESER VATION ACT, 1977
estimated cost of repairing the monument does not exceed 1[one lakh 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 of any part thereof, and any such order may be executed as if it were the decree
of a Civil Court.
10. Compulsory purchase of ancient monument.––(1) If  2[the Government]
apprehends that a protected monument is in danger of being destroyed, injured or
allowed to fall into decay, 2[the Government] may proceed to acquire it under the
provisions of the Land Acquisition Act, as if the preservation of a protected
monument were a “public purpose” within the meaning of that Act.
(2) The powers of compulsory purchase conferred by sub-section (1) shall
not be exercised in the case of––
(a) any monument which or any part of which is periodically used for
religious observances ; or
(b) any monument which is the subject of a subsisting agreement
executed under section 5.
(3) In any case other than the cases referred to in sub-section (2) the said
powers of compulsory purchase shall not be exercised unless the owner or other
person competent to enter into an agreement under section 5 has failed, within
such reasonable period as the 3[Director, Archaeology] may fix in this behalf, to
enter into an agreement proposed to him under the said section or has terminated
or given notice of his intention to terminate such an agreement.
4[10-A.  Power of Government to control mining etc. near ancient
monuments.––(1) If the Government is of opinion that mining, quarrying, excavating,
blasting and other operations of a like nature should be restricted or regulated for
the purpose of protecting or preserving any ancient monument, the Government
may, by notification in the Government Gazette, make rules :––
(a) fixing, the boundaries of the area to which the rules are to apply ;
1. Substituted for “one thousand rupees” by Act No. XXV of 2010, s.6, w.e.f. 25.10.2010.
2. Substituted for “His Highness” by Act No. X of Samvat 1996.
3. Substituted for the words “Superintendent of Archaeology” by Act No. XXV of 2010, s.2.
4. Section 10-A inserted by Act No. I of Samvat 1996.
ANCIENT MONUMENTS PRESER VATION ACT, 1977  325
(b) forbidding the carrying on of mining, quarrying, excavating, blasting
or any operation of a like nature except in accordance with the rules
and with the terms of a licence ;
1[(bb) prohibiting any person including the owner or occupiers of the
monument from constructing any building within the protected
area or utilising such area or any part thereof in any manner without
the permission of the Government ;] and
(c) prescribing the authority by which and the terms on which licences
may be granted to carry on any of the said operations.
(2) The power to make rules given by this section is subject to the condition
of the rules being made after previous publication.
(3) A rule made under this section may provide that any person committing
a breach thereof shall be punishable with fine which may extend to 2[twenty
thousand rupees].
(4) If any person or occupier of land included in a notification under sub-
section (1) proves to the satisfaction of the Government that he has sustained loss
by reason of such land being so included, the Government shall pay compensation
in respect of such loss.]
3[(5) The Government may, by order, direct that any building constructed by
any person within a protected area in contravention of 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 Deputy Commissioner, on the motion of Director,
Archaeology may cause the building to be removed and the person shall be liable
to pay cost of such removal to be recovered as arrears of land revenue.]
4[10-B. Prohibited and regulated areas.––Every area, beginning at the limit
of the protected area or the protected monument, as the case may be, and extending
to a distance of 100 metres in all directions shall be the prohibited area in respect of
such protected area or protected monument, both in respect of protected
monuments, declared as such or which are proposed to be declared as such
protected monument under section 3 :
Provided that the Government may on the recommendation of the Director,
Archaeology by notification in the official Gazette, specify an area exceeding the
distance of hundred metres to be the prohibited area.
1. Clause (bb) inserted by Act No. XXV of 2010, s.7.
2. Substituted for the words “two hundred rupees” ibid.
3. Sub-section (5) added by Act No. XXV of 2010, s.7, w.e.f. 25.10.2010.
4. Sections 10-B and 10-C inserted ibid, s. 8.
326 ANCIENT MONUMENTS PRESER VATION ACT, 1977
10-C.  Construction in and around protected monument.–– No new
construction shall be allowed in and around the prohibited area, as specified or
declared under this Act :
Provided that the Government may, on the recommendation of the Director,
Archaeology and in the public interest, create public amenities in the area.]
11. Maintenance of certain protected monuments.–– (1) The 1[Director,
Archaeology] shall maintain every monument in respect of which the Government
has acquired any of the rights mentioned in section 4 or which the Government has
acquired under section 10.
(2) When the 1[Director, Archaeology] has accepted the guardianship of a
monument under section 4, he shall, for the purpose of maintaining such monument,
have access to the monument at all reasonable times, by himself or 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.
12. V oluntary contributions.––The 1[Director, Archaeology] may receive
voluntary contributions towards the cost of maintaining a protected monument
and may give orders as to the management and application of any funds 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.
13. Protection of place of worship from misuse, pollution or desecration.––
(1) A place of worship or shrine maintained by the Government under this Act shall
not be used for any purpose inconsistent with its character.
(2) Where the 2[Director, Archaeology] has, under section 4, purchased or
taken a lease of any protected monument, or has accepted a gift or bequest, 3[or
has accepted] the guardianship thereof, and such monument, or any part thereof is
periodically used for religious worship or observances by any community, the
2[Director, Archaeology] in consultation with the Deputy Commissioner shall make
due provision for the protection of such monument, or such part thereof from
pollution or desecration––
(a) by prohibiting the entry therein, except in accordance with
conditions prescribed with the concurrence of the persons in
religious charge of the said monument or part thereof, of any person
1. Substituted for the word “Minister” by Act No. XXV of 2010, s.9, w.e.f. 25.10.2010.
2. Substituted for the words “Superintendent of Archaeology” ibid, s.2.
3. Substituted for certain words ibid, s.10.
ANCIENT MONUMENTS PRESER VATION ACT, 1977  327
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.
14.  Relinquishment of Government right in a monument.–– 1[The
Government] may––
(a) where rights have been acquired by Government in respect of any
monument under this Act by virtue of any sale, lease, gift or will,
relinquish the rights so acquired to the person who would for the
time being be the owner of the monument if such rights had not
been acquired ; or
(b) relinquish any guardianship of a monument which it has accepted
under this Act.
15. Right of access to certain protected monuments.–– (1) Subject to such
rules as may after previous publication be made by 1[the Government], the public
shall have a right of access to any monument maintained by the Government under
this Act.
(2)  In making any rule under sub-section (1) 1[the Government] may provide
that a breach of it shall be punishable with fine which may extend to 2[one thousand
rupees].
16. Penalties.––Any person other than the owner who destroys, removes,
injures, alters, defaces or imperils, a protected monument, and any owner who
destroys, removes, injures, alters, defaces or imperils a monument maintained by
Government under this Act or in respect of which an agreement has been executed
under section 5, and any owner or occupier who contravenes an order made under
section 7, sub-section (1), shall be punishable with fine which may extend to
3[twenty thousand] rupees, or with imprisonment which may extend to three months,
or with both.
TRAFFIC IN ANTIQUITIES
17. Power of Government to control traffic in antiquities.–– (1) If 1[the
Government] apprehends that antiquities are being sold or removed to the detriment
of the State or of any neighbouring country , it may , by notification in the Government
Gazette, prohibit or restrict the bringing or taking of any antiquities or class of
antiquities described in the notification into or out of the State or any specified
part of the State.
1. Substituted for “His Highness” by Act No. X of Samvat 1996.
2. Substituted for the words “twenty rupees” by Act No. XXV of 2010, s.11, w.e.f. 25.10.2010.
3. Substituted for the words “five thousand” ibid, s.12.
328 ANCIENT MONUMENTS PRESER VATION ACT, 1977
(2) Any persons who brings or takes or attempts to bring or take any such
antiquities into or out of the State or any part of the State in contravention of a
notification issued under sub-section (1), shall be punishable with fine which may
extend to 1[twenty thousand rupees, or with imprisonment which may extend to
three months or with both].
(3) Antiquities in respect of which an offence referred to in sub-section (2)
has been committed shall be liable to confiscation.
(4) A Revenue Officer not lower in rank than a Naib-Tehsildar, 2[an Officer of
Police not below the rank of Deputy Superintendent of Police or an Officer of
Archaeology Department not below the rank of Assistant Director], duly empowered
by 3[the Government] in this behalf, may search any vessel, cart or other means of
conveyance, and may open any baggage or package of goods, if he has reasons to
believe that goods in respect of which an offence has been committed under sub-
section (2) are contained therein.
(5) A person who complains that the power of search mentioned in sub-
section (4) has been vexatiously or improperly exercised may address his complaint
to 3[the Government] and 3[the Government] shall pass such order and may award
such compensation, if any, as appears to it to be just.
PROTECTION OF SCULPTURES, CAR VINGS, IMAGES, BASRELIEFS,
INSCRIPTIONS OR LIKE OBJECTS
18. Power of Government to control moving of sculptures, carvings or
like objects.  __ (1) If 4[the Government] consider that any sculptures, carvings,
images, bas-reliefs, inscriptions or other like objects ought not to be moved from
the place where they are without the sanction of the Government, 4[the Government]
may, by notification in the Government Gazette, direct that any such object or any
class of such objects shall not be moved unless with the written permission of the
5[Director, Archaeology].
(2) A person applying for the permission mentioned in sub-section (1) shall specify
the object or objects which he proposes to move, and shall furnish, in regard to
such object or objects, any information which the 5[Director, Archaeology] may
require.
(3) If the 5[Director, Archaeology] refuses to grant such permission, the applicant
may appeal to the Minister, whose decision shall be final.
1. Substituted for the words “five hundred rupees” by Act No. XXV of 2010, s.13.
2. Substituted for certain words ibid.
3. Substituted for “Minister” by Act No. X of Samvat 1996.
4. Substituted for “His Highness” ibid.
5. Substituted for the words “Superintendent of Archaeology” by Act No. XXV of 2010, s.2.
ANCIENT MONUMENTS PRESER VATION ACT, 1977  329
(4) Any person who moves any object in contravention of a notification
issued under sub-section (1), shall be punishable with fine which may extend to
1[twenty thousand rupees or with imprisonment which may extend to three months
or both].
(5) If the owner of any property proves to the satisfaction of 2[the
Government] that he has suffered any loss or damage by reason of the inclusion of
such property in a notification published under sub-section (1), 2[the Government]
shall either––
(a) exempt such property from the said notification ;
(b) purchase such property, if it be movable, at its market value ; or
(c) pay compensation for any loss or damage sustained by the owner
of such property, if it be immovable.
19. Purchase of sculptures carvings or like object by the Government.––
(1) If 2[the Government] apprehend that any object mentioned in a notification issued
under section 18, sub-section (1) is in danger of being destroyed, removed, injured
or allowed to fall into decay, 2[the Government] may pass orders for the compulsory
purchase of such object at its market value, and the 3[Director, Archaeology] shall
thereupon give notice to the owner of the object to be purchased.
(2) The power of compulsory purchase given by this section shall not
extend to––
(a) any image or symbol actually used for the purpose of any religious
observance ; or
(b) anything which the owner desires to retain on any reasonable
ground personal to himself or to any of his ancestors or to any
member of his family .
ARCHAEOLOGICAL  EXCA V A TION
4[20. Power of Government to notify area as protected.–– (1) If the
Government is of opinion that excavation for archaeological purposes in any area
should be restricted or regulated in the interest of archaeological research, the
Government may, by notification in the Government Gazette specifying the
boundaries of the area, declare it to be a protected area.
1. Substituted for the words “five hundred rupees” by Act No. XXV of 2010, s.14.
2. Substituted for “His Highness” by Act No. X of Samvat 1996.
3. Substituted for the words “Superintendent of Archaeology” by Act No. XXV of 2010, s. 2.
4. Section 20 substituted and sections 20-A, 20-B and 20-C added by Act No. I of Samvat 1996.
330 ANCIENT MONUMENTS PRESER VATION ACT, 1977
(2) From the date of such notification all antiquities buried in the protected
area shall be the property of Government and shall be deemed to be in the possession
of Government, and shall remain the property and in the possession of the
Government until ownership thereof is transferred; but in all other respects the
rights of any owner or occupier of and in such area shall not be affected.
20-A. Power to enter upon and make excavation in a protected area.––(1)
Any officer of the Archaeological Department or any person holding a licence
under section 20-B may, with the written permission of the 1[Deputy Commissioner
of the District] or in the case of Ladakh District, the 2[Deputy Commissioner] of
that District, enter upon and make excavations in any protected area.
(2)  Where in the exercise of the power conferred by sub-section (1) the
rights of any person are infringed by the occupation or disturbance of the surface
of any land, the Government shall pay to that person compensation for the
infringement.
20-B. Power of Government to make rules regulating archaeological
excavation in protected areas.––(1) The Government may make rules,––
(a) prescribing the authorities by whom licence to excavate for
archaeological purposes in a protected area may be granted ;
(b) regulating the condition on which such licences may be granted, the
form of such licences and the taking of security from licensees ;
(c) prescribing the manner in which antiquities found by a licensee
shall be divided between Government and the licensee ; and
(d) generally to carry out the purposes of section  20.
(2) The power to make rules given by this section is subject to the condition
of rules being made after previous publication.
(3) Such rules may be general for all protected areas for the time being, or
may be special for any particular protected area or areas.
(4) Such rules shall provide that any person committing a breach of any such
rule or any condition of a licence issued under this section shall be punishable
with fine which may extend to 3[twenty thousand rupees], and may further provide
that where the breach has been by the agent or servant of a licensee, the licensee
himself shall be punishable.
1. Substituted for “Governor of the Province” by Act No. III of Samvat 2008.
2. Substituted for “Wazir” ibid.
3. Substituted for the words “one thousand rupees” by Act No. XXV of 2010, s. 15.
ANCIENT MONUMENTS PRESER VATION ACT, 1977  331
20-C. Power to acquire a protected area.––If the Government is of opinion
that a protected area contains an ancient monument or antiquities of national
interest, it may acquire such area, or any part thereof, under the State Land
Acquisition Act No. 10 of 1990 as for a public purpose.]
GENERAL
21. Assessment of market-value or compensation.––The market value of any
property which Government is empowered to purchase at such value under this
Act or the 1[x x x] compensation to be paid by the Government in respect of
anything done under this Act, shall, where any dispute arises 2[in respect] of such
market value or compensation, be ascertained in the manner provided by the Land
Acquisition Act, so far as it can be made applicable :
Provided that when making an inquiry under the said Land Acquisition Act,
the Collector shall be assisted by two assessors, one of whom shall be competent
person nominated by the Collector and one a person nominated by the owner or, in
case the owner fails to nominate an assessor within such reasonable time as may
be fixed by the Collector in this behalf, by the 3[Director, Archaeology].
4[22. Jurisdiction.––Every offence under this Act, shall be triable by a Judicial
Magistrate.]
5[22-A. Certain offences to be cognizable.–– Notwithstanding anything
contrary in the Code of Criminal Procedure, Samvat 1989, an offence under section
16 or sub-section (2) of section 17 or sub-section (40 of section 18 of this Act shall
be deemed to be cognizable offence within the meaning of that Code.
22-B. Delegation of powers.––The Government may, by notification in the
Official Gazette, direct that any power conferred on it by or under this Act, shall,
subject to such conditions as may be specified in the notification, be also exercisable
by such officer or authority as may be notified.]
23. Power to make rules.––6[The Government] may make rules for carrying
out any of the purposes of this Act.
24. Protection to public servants acting under 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.
–––––
1. The words “amount of” omitted by Act No. I of Samvat 1996.
2. Substituted for the words “touching the amount” ibid.
3. Substituted for the words “Superintendent of Archaeology” by Act No. XXV of 2010, s.2.
4. Section 22 substituted by Act No. XL of 1966.
5. Sections 22-A and 22-B added by Act No. XXV of 2010, s.16, w.e.f. 25.10.2010.
6. Substituted for “His Highness” by Act No. X of Samvat 1996.
332 ANCIENT MONUMENTS PRESER VATION ACT, 1977

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