LexThe KARNATAKA ANCIENT AND HISTORICAL MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS ACT, 1961.
Karnataka · state statute
Open in Lexace · Ask the AI about this act
THE KARNATAKA ANCIENT AND HISTORICAL MONUMENTS
AND ARCHAEOLOGICAL SITES AND REMAINS ACT, 1961.
ARRANGEMENT OF SECTIONS
Statement of Objects and Reasons:
Sections:
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
PROTECTED MONUMENTS
3. Ancient and Historical monuments and archaeological sites and remains deemed to be
protected monuments and areas.
4. Power of Government to declare ancient monuments to be protected monuments.
5. Acquisition of rights in a protected monument.
6. Preservation of protected monument by agreement.
7. Owners under disability or not in possession.
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 5.
11. Enforcement of agreements.
12. Purchasers at certain sales and persons claiming through owner bound by instrument
executed by owner.
13. Acquisition of protected monument.
14. Maintenance of certain protected monuments.
15. Voluntary contributions.
16. Protection of place of worship, from misuse, pollution or desecration.
17. Relinquishment of Government rights in a monument.
18. Right of access to protected monuments.
PROTECTED AREAS
19. Power of Government to declare archeological site and remains to be protected area.
20. Restrictions on enjoyment of property rights in protected areas.
21. Power to acquire protected areas.
PROTECTION OF ANTIQUITIES
22. Power of Government to control moving of antiquities.
23. Purchase of antiquities by Government.
PRINCIPLES OF COMPENSATION
24. Compensation for loss or damage.
25. Assessment of market value or compensation.
MISCELLANEOUS
26. Penalties.
27. Jurisdiction to try offences.
28. Certain offences to be cognisable.
29. Recovery of amounts due to the Government.
30. Protection of action taken under the Act.
31. Power to make rules.
32. Repeal and savings.
33. Act in addition to and not in derogation of Central Act 24 of 1958.
* * * *
I
STATEMENT OF OBJECTS AND REASONS
Act 7 of 1962.- In the new State of Mysore, the following Acts relating to protection and
preservation of ancient monuments, etc., are in force:—
(1) The Hyderabad Ancient Monuments Preservation Act, 1337F (Hyderabad Act VIII of 1337
Fasli) is in force in the Hyderabad Area;
(2) The Mysore Ancient Monuments Preservation Act, 1925 (Mysore Act IX of 1925) is in force
in the Mysore Area; and
(3) The Ancient Monuments Preservation Act, 1904 (Central Act VII of 1904) is in force in all
the areas of the new State of Mysore.
The Government of India have advised the State Governments not to take advantage of the
provisions of the aforesaid Central Act to protect and preserve monuments and to enact their own
laws on the subject.
Recently, the Government of India have enacted the Ancient Monuments and Archaeological
Sites and Remains Act, 1958 covering matters falling under entry 67 in the Union List and entry
40 in Concurrent List of the Seventh Schedule to the Constitution of India.
The present Bill seeks to bring about uniformity in the laws relating to protection and
preservation of ancient monuments falling under entry 12 in the State List, that is, ancient and
historical monuments other than those declared by or under law made by Parliament to be of
national importance.
The provisions of the Bill are on the lines of the corresponding provisions of the Ancient
Monuments and Archaeological Sites and Remains Act, 1958.
(Obtained from File No. LAW 81 LGN 58).
II
Amendment Act 35 of 2024: - It is considered necessary to amend the Karnataka Ancient
and Historical Monuments and Archeological Sites and Remains Act, 1961 (Karnataka Act 7 of
1962) to,-
(1) Make eligible a Company or Firm or Limited Liability Partnership concern (LLP) or a
Partnership Firm, interested Societies or Cooperative Societies, Trusts or Non -
Governmental Organisations or interested individuals to be empanelled as „Smaraka
Mitras‟.; as
(2) Revise penalty and punishment for the violation of the Act.
Hence, the Bill.
[L.A. Bill No.36 of 2024, File No. SAMVYASHAE 48 SHASANA 2024]
[Entry 12 of List II of the Seventh Schedule to the Constitution of India.]
[Published in Karnataka Gazette Extra-ordinary No. 387 in part-IVA dated:12.08.2024]
1 1
[KARNATAKA ACT] No. 7 OF 1962
1 1
(First published in the [Karnataka Gazette] on the Fifteenth day of February, 1962.)
1 1
THE [KARNATAKA] ANCIENT AND HISTORICAL MONUMENTS AND
ARCHÆOLOGICAL SITES AND REMAINS ACT, 1961.
(Received the assent of the President on the Fourth day of February, 1962.)
(As amended by Act 35 of 2024)
An Act to provide for the preservation of ancient and historical monuments and
Archeological sites and remains and for the protection of sculptures, carvings and other
like objects in the 1[State of Karnataka]1.
WHEREAS it is expedient to provide for the preservation of ancient and historical
monuments and archeological sites and remains in the 1[State of Karnataka] 1 other than
those declared by or under law made by Parliament to be of national importance, and for
the protection of sculptures, carvings and other like objects;
BE it enacted by the 1[Karnataka State]1 Legislature in the Twelfth Year of the
Republic of India as follows:—
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be called the
1[Karnataka]1 Ancient and Historical Monuments and Archeological Sites and Remains
Act, 1961.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.
(2) It extends to the whole of the 1[State of Karnataka]1.
(3) It shall come into force on such 2[date]2 as the Government may, by notification in
the official Gazette, appoint.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.
2. Act has come into force w.e.f. 15.08.1966 by notification No. ED 16 SAR 64 dated 8.8.66.
2. Definitions.— In this Act, unless the context otherwise requires,—
(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, archeological or artistic interest and which has been in
existence for not less than one hundred years, and includes,—
(i) the remains of an ancient monument,
(ii) the site of an ancient monument,
(iii) such portion of land adjoining the site of an ancient monument as may be
required for fencing or covering in or otherwise preserving su ch monument,
and
(iv) the means of access to, and convenient inspection of, an ancient monument;
-but shall not include ancient and historical monuments declared by or under law made
by Parliament to be of national importance;
(2) “antiquity” includes,-
(i) any coin, sculpture, manuscript, epigraph, or other work of art or craftsmanship,
(ii) any article, object or thing detached from a building or cave,
(iii) any article, object or thing illustrative of science, art, crafts, literature, religion,
customs or morals in bygone ages,
(iv) any article, object or thing of historical interest, and
(v) any article, object or thing declared by the Government by notification in the
official Gazette, to be an antiquity for the purposes of this Act,
-which has been in existence for not less than one hundred years;
(3) “archeological site and remains” means any area which contains or is
reasonably believed to contain ruins or relics of historical or archeological
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 inspection of, the area;
(4) 1[Commissioner]1 means the 1[Commissioner]1 of Archeology, and
includes any officer authorised by the Government to perform the duties of the
1[Commissioner]1;
(5) “Government” means the State Government;
(6) “maintain” with its grammatical variations and cognate expressions,
includes the fencing, covering in, repairing, restoring and cleansing of a protected
monument, and the doing of any act which may be necessary for the purpose of
preserving a protected monument or of securing convenient access thereto;
(7) “owner” includes,-
(i) a joint owner invested with powers of management on behalf of himself
and other joint owners, and the successor-in-title of any such owner; and
(ii) any manager or trustee exercising powers of management and the
successor-in-office of any such manager or trustee;
(8) “prescribed” means prescribed by rules made under this Act;
(9) “protected area” means any archeological site and remains which is
declared to be protected under this Act;
(10) “protected monument” means an ancient monument which is declared to
be protected by or under this Act.
1. Substituted by Act 35 of 2024 w.e.f. 12.08.2024.
PROTECTED MONUMENTS
3. Ancient and historical monuments and archeological sites and remains
deemed to be protected monuments and areas.—All ancient and historical
monuments and all archeological sites and remains which have been declared by the
Ancient Monuments Preservation Act, 1904 (Central Act VII of 1904), or the Ancient
Monuments Preservation Act, 1337 F (Hyderabad Act VIII of 1337 Fasli) or the Mysore
Ancient Monuments Preserv ation Act, 1925 (Mysore Act IX of 1925), to be protected
monuments but which have not been declared by or under law made by Parliament to be
of national importance, shall be deemed to be ancient and historical monuments or
archeological sites and remains declared to be protected monuments or protected areas,
as the case may be, under this Act.
4. Power of Government to declare ancient monuments to be protected
monuments.—(1) Where the Government is of opinion that any ancient monument
should be declared as a protected monument, it may, by notification in the official
Gazette, give two months‟ notice of its intention to declare such ancient monument to be
a protected monument and a copy of every such notification shall be affixed in a
conspicuous place near the monument.
(2) Any person interested in any such ancient monument may within two months after
the issue of the notification, object to the declaration of the monument to be a protected
monument.
(3) On the expiry of the said period of two months, the Government may, after
considering the objections, if any, received by it, declare by notification in the official
Gazette the ancient monument to be a protected monument.
(4) A notification published under sub-section (3) shall, unless and until it is
withdrawn, be conc lusive evidence of the fact that the ancient monument to which it
relates is a protected monument for the purposes of this Act.
5. Acquisition of rights in a protected monument. —(1) The 1[Commissioner]1
may, with the sanction of the Government, purchase or take a lease of, or accept a gift
or bequest of, any protected monument.
(2) Where a protected monument is without an owner, the 1[Commissioner]1 may by
notification in the official Gazette, assume the guardianship of the monument.
(3) The owner of any protected monument may, by written instrument, constitute the
1[Commissioner]1 as the guardian of the monument, and the 1[Commissioner]1 may, with
the sanction of the Government, accept such guardianship.
(4) When the 1[Commissioner]1 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 1[Commissioner]1
had not been constituted a guardian thereof.
(5) When the 1[Commissioner]1 has accepted the guardianship of a monument under
sub- section (3), the provisions of this Act relating to agreements executed under section
6 shall apply to the written instrument executed under the said sub-section.
(6) Nothing in this section shall affect the use of any protected monument for
customary religious observances.
1. Substituted by Act 35 of 2024 w.e.f. 12.08.2024.
6. Preservation of protected monument by agreement.—(1) The Deputy
Commissioner when so directed by the Government, shall propose to the owner of a
protected monument to enter into an agreement with the Government within a specified
period for the maintenance of the monument.
(2) An agreement under this section may provide for all or any of the following
matters, namely:—
(a) the maintenance of the monument;
(b) the custody of the monument and the duties of any person who may be
employed to watch it;
(c) the restriction of the owner‟s right,-
(i)to use the monument for any purpose,
(ii)to charge any fee for entry into, or inspection of, the monument,
(iii)to destroy, remove, alter or deface the monument, or
(iv) to build on or near the site of the monument;
(d) the facilities of access to be permitted to the public or any section thereof or to
any officer of the Department of Archeology or to persons deputed by the
1[Commissioner]1 or the Deputy Commissioner or the owner to inspect or maintain the
monument;
(e) the notice to be given to the Government in case the land on which the
monument is situated or any adjoining land is offered for sale by the owner, and the right
to be reserved to the Government to purchase such land, or any specified portion of
such land, at it's market value;
(f) the payment of any expenses incurred by the owner or by the Government in
connection with the maintenance of the monument;
(g) the proprietary or other rights which are to vest in the Government in respect
of the monument when any expenses are incurred by the Government in connection with
the maintenance of the monument;
(h) the appointment of an authority to decide any dispute arising out of the
agreement; and
(i) any matter connected with the maintenance of the monument which is a
proper subject of agreement between the owner and the Government.
(3) The Government or the owner may, at any time after the expiration of three years
from the date of execution of an agreement under this section, terminate it on giving six
months‟ notice in writing to the other party:
Provided that the owner shall pay to the Government the expenses, if any, incurred
by it on the maintenance of the monument during the five years immediately preceding
the termination of the agreement, in the case of an agreement which has been in force
for more than five years, or, if the agreement has been in force for not more than five
years during the period the agreement was in force.
(4) An agreement under this section shall be binding on any person claiming to be
owner of the monument to which it relates from, through or under a party by whom or on
whose behalf the agreement was executed.
1. Substituted by Act 35 of 2024 w.e.f. 12.08.2024
7. Owners under disability or not in possession. —(1) If the owner of a protected
monument is unable, by reason of infancy or any 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 village property, the village officer or any other person exercising
powers of management over such property may exercise the powers conferred upon an
owner by section 6.
(3) Nothing in this section shall be deemed to empower any person not being of the
same religion as the person on whose behalf he is acting to make or execute an
agreement relating to a protected monument which or any part of which is periodically
used for the religious worship or observances of that religion.
8. Application of endowment to repair a protected monument. —(1) If any owner
or other person competent to enter into an agreement under section 6 for the
maintenance of a protected monument refuses or fails to enter into such an agreement,
and if any endowment has been created for the purpose of keeping such monument in
repair or for that purpose among others, the Government may institute a suit in the Court
of the District Judge, or, if the estimated cost of repairing the monument does not
exceed one thousand rupees, may make an application to the District Judge for the
proper application of such endowment or part thereof.
(2) On the hearing of an application under sub-section (1), the District Judge may
summon and examine the owner and any person whose evidence appears to him
necessary and may pass an order for the proper application of the endowment or of any
part thereof, and any such order may be executed as if it were a decree of a civil court.
9. Failure or refusal to enter into an agreement. —(1) If any owner or other person
competent to enter into an agreement under section 6 for the maintenance of a
protected monument refuses or fails to enter into such agreement, the Government may
make an order providing for all or any of the matters specified in sub -section (2) of
section 6, and such order shall be binding on the owner or such other person and on
every person claiming title to the monument from, throug h or under, the owner or such
other person.
(2) Where an order made under sub -section (1) provides that the monument shall be
maintained by the owner or other person competent to enter into an agreement, all
reasonable expenses for the maintenance of the monum ent shall be payable by the
Government,
(3) No order under sub -section (1), shall be made unless the owner or other person
has been given a reasonable opportunity of making a representation in writing against
the proposed order.
10. Power to make order prohibiting contravention of agreement under section
6.—(1) If the 1[Commissioner]1apprehends that the owner or occupier of a protected
monument intends to destroy, remove, alter, deface, imperil or misuse the monument or
to build on or near the site thereof in contravention of the terms of an agreement under
section 6, the 1[Commissioner]1may after giving the owner or occupier a reasonable
opportunity of making a representation in writing, make an order prohibiting any such
contravention of the agreement:
Provided that no such opportunity may be given in any case where the
1[Commissioner]1 for reasons to be recorded, is satisfied that it is not expedient or
practicable to do so.
(2) Any person aggrieved by an order under this section may appeal to the
Government within such time and in such manner as may be prescribed and the
decision of the Government shall be final.
1. Substituted by Act 35 of 2024 w.e.f. 12.08.2024
11. Enforcement of agreements.—(1) If an owner or other person who is bound by
an agreement for the maintenance of a monument under section 6 refuses or fails within
such reasonable time as the 1[Commissioner]1may fix, to do any act which, in the opinion
of the 1[Commissioner]1 is necessary for the maintenance of the monument, the
1[Commissioner]1may authorise any person to do any such act and the owner or other
person shall be liable to pay the expenses of doing any such act or such portion of the
expenses as the owner may be liable to pay under the agreement.
(2) If any dispute arises regarding the amount of expenses payable by the owner or
other person under sub-section (1), it shall be referred to the Government whose
decision shall be final.
1. Substituted by Act 35 of 2024 w.e.f. 12.08.2024
12. Purchasers at certain sales and persons claiming through owner bound by
instrument executed by owner.—Every person who purchases, at a sale for arrears of
land revenue or any other public demand, any land on which is situated a monument in
respect of which any instrument has been execute d by the owner for the time being
under section 5 or section 6, and every person claiming any title to a monument from,
through or under, an owner who executed any such instrument, shall be bound by such
instrument.
13. Acquisition of protected monument. —If th e Government apprehends that a
protected monument is in danger of 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, as if the maintenance of the p rotected 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 1[Commissioner]1has accepted the guardianship of a monument under
section 5, he shall for the purpose of maintaining such monument, have access to the
monument at all reasonable times, by himself and by his agents, subordinates and
workmen, for the purpose of inspecting the monument and for the purpose of bringing
such materials and doing such acts as he may consider necessary or desirable for the
maintenance thereof.
1. Substituted by Act 35 of 2024 w.e.f. 12.08.2024
15. Voluntary contributions.— 2[(1)]2 The 1[Commissioner]1 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.
2[(2) A Company or Firm or Limited Liability Partnership concern (LLP) or a
Partnership Firm, interested Societies or Cooperative Societies, Trusts or Non -
Governmental Organisations or interested individuals are eligible to be empanelled as
„Smaraka Mitras‟ to adopt Ancient Monuments and Archaeological sites and remains,
Heritage buildings and Heritage areas across Karna taka for conservation, preservation,
restoration and annual maintenance, development of tourist basic and advance
amenities under their corporate social responsibility (CSR) programme as per the
stipulated guidelines or terms and conditions set forth by th e Government of Karnataka
and issued thereon from time to time by the way of Notification under the scheme of
Adopt a Monument.]2
1. Substituted by Act 35 of 2024 w.e.f. 12.08.2024
2. inserted by Act 35 of 2024 w.e.f. 12.08.2024.
16. Protection of place of worship from misuse, pollution or desecration.—(1) A
protected monument maintained by the Government under this Act which is a place of
worship or shrine shall not be used for any purpose inconsistent with its character.
(2) Where the Government has acquired a protected monument under section 13, or
where the 1[Commissioner]1has, purchased or taken a lease or accepted a gift or
bequest, or assumed guardianship of, a protected monument under section 5, and such
monument or any part thereof is used for religious worship or observances by any
community, the Deputy Commissioner shall make due provision for 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, if any, in religious charge of the said monument or
part thereof, of any person not entitled so to enter by the religious usages of the
community by which the monument or part thereof is used, or
(b) by taking such other action as he may think necessary in this behalf.
1. Substituted by Act 35 of 2024 w.e.f. 12.08.2024.
17. Relinquishment of Government rights in a monument. —With the sanction of
the Government, the 1[Commissioner]1may,-
(a) where rights have been acquired by the 1[Commissioner]1in respect of any
monument under this Act by virtue of any sale, lease, gift or will, relinquish, by
notification in the official Gazette, 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 he has accepted under this
Act.
1. Substituted by Act 35 of 2024 w.e.f. 12.08.2024
18. Right of access to protected monuments. —Subject to any rules made under
this Act, the public shall have a right of access to any protected monument.
PROTECTED AREAS
19. Power of Government to declare archeological site and remains to be
protected area.—(1) Where the Government is of opinion that any archeological site
and remains should be declared as a protected area, it may, by notification in the official
gazette, give two months‟ notice of its intention to declare such archeological site and
remains to be a protected area, and a copy of every such notification shall be affixed in a
conspicuous place near the site and remains.
(2) Any person interested in any such archeological site and remains may, within two
months after the issue of the notification, object to the declaration of the archeological
site and remains to be protected area.
(3) On the expiry of the said period of two months, the Government may, after
considering the objections, if any, received by it, declare by notification in the official
Gazette, the archeological site and remains to be a protected area.
(4) A notification published under sub-section (3) shall, unless and until it is
withdrawn, be conclusive evidence of the fact that the archeological site and remains to
which it relates is a protected area for the purposes of this Act.
20. Restrictions on enjoyment of property rights in protected areas. —(1) No
person, including the owner or occupier of a protected area, shall construct any building
within the protected area or carry on any mining, quarrying, excavating, blasting or any
operation of a like nature in such area, or utilise such area or any part thereof in any
other manner without the permission of the Government:
Provided that nothing in this sub -section shall be deemed to prohibit the use of any
such area or part thereof for pu rposes of cultivation if such cultivation does not involve
the digging of not more than one foot of soil from the surface.
(2) The Government may, by order, direct that any building constructed by any person
within a protected area in contravention of the provisions of sub -section (1) shall be
removed within a specified period and, if the person refuses or fails to comply with the
order, the Deputy Commissioner may cause the building to be removed and the person
shall be liable to pay the cost of such removal.
21. Power to acquire a protected area. —If the Government is of opinion that any
protected area contains an ancient monument or antiquities of national interest and
value, it may acquire such area under the provisions of the Land Acquisition Act, 1894,
as if the acquisition were for a public purpose within the meaning of that Act.
PROTECTION OF ANTIQUITIES
22. Power of Government to control moving of antiquities.—(1) If the
Government considers that any antiquities or class of antiquities ought not to be moved
from the place where they are without the sanction of the Government, the Government
may, by notification in the official Gazette, direct that any such antiquity or any class of
such antiquities shall not be moved except with the written permission of the
1[Commissioner]1.
(2) Every application for permission under sub -section (1) shall be in such form and
contain such particulars as may be prescribed.
(3) Any person aggrieved by an order refusing permission may appeal to the
Government whose decision shall be final.
1. Substituted by Act 35 of 2024 w.e.f. 12.08.2024.
23. Purchase of antiquities by Government. —(1) If the Government apprehends
that any antiquity mentioned in a notification issued under sub-section (1) of section 22
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 archeological importance, it is desirable
to preserve such antiquity in a public place, the Government may make an order for the
compulsory purchase of such antiquity at its market value and the Deputy Commissioner
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, s uch antiquity shall vest in the Government with effect from the date of
notice.
(3) The power of compulsory purchase given by this section shall not extend to any
image or symbol actually used for bona fide religious observances.
PRINCIPLES OF COMPENSATION
24. Compensation for loss or damage. —Any owner or occupier of land who has
sustained any loss or damage or any dimunition 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 Government for such loss, damage or
dimunition of profits.
25. Assessment of market value or compensation. —(1) The market value of any
property which the Government is empowered to purchase at such value under this Act
or the compensation to be paid by the Government in respect of anything done under
this Act, shall, where any dispute arises in respect of such market value or
compensation, be ascertained in the manner provided in sections 3, 5, 8 to 34, 45, 46,
47, 51 and 52 of the Land Acquisition Act, 1894, in so far as they can be made
applicable:
Provided that, when making an enquiry under the said Land Acquisition Act, the
Deputy Commissioner shall be assisted by two assessors one of whom shall be a
competent person nomin ated by the Government and one 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 Deputy Commissioner in this behalf, by the Deputy
Commissioner.
(2) Notwithstanding anything contained in sub -section (1) or in the Land Acquisition
Act, 1894, in determining the market value of any antiquity in respect of which an order
of compulsory purchase is made under sub-section (1) of section 23, any increase in the
value of the antiquity by reason of its being of historical or archeological importance shall
not be taken into consideration.
MISCELLANEOUS
26. Penalties.- Whoever,- (1) (i) destroys, removes, injures, alters, defaces,
imperils, or misuses a protected monument; or
(ii) being the owner or occupier of a protected monument, contravenes an order
made under sub-section (1) of section 9 or under sub-section (1) of
section 10; or
(iii) removes from a protected monument any sculpture, carving, image, bas -
relief, inscription or other like object;
(iv) does any act in contravention of sub-section (1) of section 20,
-shall be punishable with imprisonment which may extend to 1[two years] 1, or with fine
which may extend to 1[Rupees one lakh]1, or with both.
(2) Any person who moves any antiquity in contravention of a notification under
sub- section (1) of section 22 shall be punishable with imprisonment which may extend to
three months or fine which may extend to five hundred rupees or with both, and the court
convicting a person of any such contravention may by order direct that such antiquity shall
be forfeited to Government.
1. Substituted by Act 35 of 2024 w.e.f. 12.08.2024.
27. Jurisdiction to try offences.—No court inferior to that of a Magistrate of the first
class shall try any offence under this Act.
28. Certain offences to be cognizable. —Notwithstanding anything contained in the
Code of Criminal Procedure, 1898 (Central Act V of 1898), an offence under clause (i) or
clause (iii) of section 26 shall be deemed to be a cognizable offe nce within the meaning
of that Code.
29. Recovery of amounts due to the Government.—Any amount due to the
Government from any person under this Act may, on a certificate issued by the
1[Commissioner]1, be recovered in the same manner as an arrear of land revenue.
1. Substituted by Act 35 of 2024 w.e.f. 12.08.2024.
30. Protection of action taken under the Act. —No suit for compensation and no
criminal proceeding shall lie against any public servant in respect of any act done or in
good faith intended to be done in the exercise of any power conferred by this Act.
31. Power to make rules. —(1) The Government may, by notification in the official
Gazette and subject to the condition of previous publication, make rules for carrying out
the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:—
(a) the prohibition or regulation by licensing or otherwise of mining, quarrying,
excavating, blasting or any opera tion of a like nature near a protected monument or the
construction of buildings on land adjoining such monument and the removal of
unauthorised buildings;
(b) the right of access of the public to a protected monument and the fee, if any, to
be charged therefor;
(c) the form in which applications for permission under section 20 or section 22
may be made and the particulars which they should contain;
(d) the form and manner of preferring appeals under this Act and the time within
which they may be preferred;
(e) the manner of service of any order or notice under this Act;
(f) any other matter which is to be or may be prescribed.
(3) Any rule made under this section may provide that a breach thereof shall be
punishable,—
(i) in the case of a rule made with reference to clause (a) of sub-section (2),
with imprisonment which may extend to 1[two years]1, or with fine which may extend to
1[Rupees one lakh]1, 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 1[Rupees one lakh]1.
1. Substituted by Act 35 of 2024 w.e.f. 12.08.2024.
(4) Every rule made under this section shall be laid as soon as may be after it is
made, before each House of the State Legislature while it is in session for a total period
of thirty days which may be comprised in one session or in two successive sessions, and
if before the expiry of the session in which it is so laid or the session immediately
following, both Houses agree in making any modification in the rule or both Houses
agree that the rule should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so however that any such
modification or annulment shall be without prejudice to the validity of anything previously
done under that rule.
32. Repeal and savings.—The Ancient Monuments Preservation Act, 1904 (Central
Act VII of 1904), in so far as it relates to matter covered by Entry 12 of List II of the
Seventh Schedule to the Constitution, the Ancient Monuments Preservation Act, 1337 F
(Hyderabad Act VIII of 1337 Fasli), as in force in the 1[Gulbarga Area] 1, the Mysore
Ancient Monuments Preservation Act, 1925 (Mysore Act IX of 1925), as in force in the
Mysore Area, are hereby repealed:
Provided that the provisio ns of section 6 of the 1[Karnataka]1 General Clauses Act,
1899 1[Karnataka]1 Act III of 1899), shall be applicable in respect of the repeal of the said
enactments and section 24 of the said Act shall be applicable as if the said enactments
had been repealed and re-enacted by this Act.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.
33. Act in addition to and not in derogation of Central Act 24 of 1958. —The
provisions of this Act shall be in addition to and not in derogation of the provisions of the
Ancient Monuments and Archeological Sites and Remains Act, 1958.
* * *
NOTIFICATION
Bangalore, dated the 8th August 1966 [No. ED 16 SAR 64]
S.O. 5121.- In exercise of the powers conferred by sub -section (3) of Section 1 of the Mysore
Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961 (Mysore Act
7 of 1962), the Government of Mysore hereby appoints the 15th August 1966 as the date on
which the said Act shall come into force.
By Order and in the name of the Governor of Mysore,
(B.R. VERMA)
Secretary.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2-C(ii), dated 25th August 1966 at
page. 3045.)
****
KARNATAKA ACT NO. 35 OF 2024
(First published in the Karnataka Gazette Extra-ordinary on the 12th day of August, 2024)
THE KARNATAKA ANCIENT AND HISTORICAL MONUMENTS AND
ARCHAEOLOGICAL SITES AND REMAINS (AMENDMENT) ACT, 2024
(Received the assent of the Governor on the 8th day of August, 2024)
An Act to amend the Karnataka Ancient and Historical Monuments
and Archeological Sites and Remains Act, 1961.
Whereas, it is expedient further to amend the Karnataka Ancient and
Historical Monuments and Archeological Sites and Remains Act, 1961,
(Karnataka Act 7 of 1962) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the Seventy fifth
year of the Republic of India as follows:
1. Short title and commencement. - (1) This Act may be called the
Karnataka Ancient and Historical Monuments and Archeological Sites and
Remains (Amendment) Act, 2024.
(2)It shall come into force at once.
2. Substitution of expression .- In the Karnataka Ancient and
Historical Monuments and Archeological Sites and Remains Act, 1961
(Karnataka Act 7 of 1962) (hereinafter referred to as the Principal Act) for
the word “Director”, where ever it occur the word “Commissioner”, shall be
substituted.
3. Amendment of section 15.- In the Principal Act, in section 15,-
(i) the existing clause shall be numbered as clause (1) ; and
(ii) after clause (1) as so numbered the following shall be inserted,
namely:-
“ (2) A Company or Firm or Limited L iability Partnership concern
(LLP) or a Partnership Firm, interested Societies or Cooperative Societies,
Trusts or Non - Governmental Organisations or interested individuals are
eligible to be empanelled as „Smaraka Mitras‟ to adopt Ancient Monuments
and A rchaeological sites and remains, Heritage buildings and Heritage
areas across Karnataka for conservation, preservation, restoration and
annual maintenance, development of tourist basic and advance amenities
under their corporate social responsibility (CSR) programme as per the
stipulated guidelines or terms and conditions set forth by the Government
of Karnataka and issued thereon from time to time by the way of
Notification under the scheme of Adopt a Monument”.
4. Amendment of section 26. - In the Principal Act, in section 26, in
sub- section (1), in clause (iv), for the words “ three months” the words “two
years” and for the words “two thousand rupees” the words “Rupees one
lakh” shall be substituted.
5. Amendment of section 31. - In the Princi pal Act, in section 31, in
sub-section (3),-
(i) in clause (i) for the words “ three months” the words “two years”
and for the words “two thousand rupees” the words “Rupees one lakh”
shall be substituted; and
(ii) in clause ( ii) for the words “five hu ndred rupees” the words
“Rupees one lakh” shall be substituted.
By Order and in the name of
the Governor of Karnataka,
G. Sridhar
Secretary to Government
Department of Parliamentary
Affairs and Legislation