The Manipur Ancient and Historical Monuments and Archeological sites and Remains Act, 1976

Manipur · state statute

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., f-sand'archaeologu‘al
~~ » vhe. thanthose ofnational zmportanc for the regulatibn
ofarchaeologwal excavation: andfor thé prutection ofsculptures, carvings
9nd other like object's V . , ‘
BE»:1t enactedbytheLeglslature 'o‘f Mampurin“theTwenty—seventhYea:
Mkepubhc9f Ind1aas o ——

RANCIENT AND MSTO- I“E- . ND-gREMAINS

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but does not include any ancient or historical monument dcclu‘ed
by or under law made by Parliament to be of national importance:
(b) “ant'i1uity” 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 gave,
(iii) any article, (bject or thing iltustrative pf seience, art, crafts,
literature, religion, customs, morals or polltlcs _in bygone ages,
(iv) any article, object or thing of historical interest, and
(v) any article, * object' or thing declared by the Go-Vemment,., by,
notiﬁcation, to be an antiquity for the purposes of this Act,
which has been in existence for not less than one bungled
years: ~
(9 “archaeolosical site and remains’: means any area whith: contains. or
is reasonably believed to contam ruins or relics of. historicaL op.
archaeological importance which have been in existence for not less
than one hgndred years, and includes—
(i) such portion of land adjoining‘the area as may be required: for
fenmng or covering in or otherwise preserving it, md
(ii) themeansof access to, and convenient inSpection. of, the area};
but does net include any archaeological site or remains dedarcd‘b'y'
or under law made by Parliamentto be. of national importance; '
(CI) “Government” means the State. Government of Manipnr :
(0') ‘fGochnor” means the “GeVemor of Manipur” :
(1") “Deputy Commissioner” means the Deputy Commissioner oﬁ-‘a district.
and includes any Ofﬁcer authorised by the Government to perform
all or- any of the functions of a. Deputy Commissioner by or 'unaer
this Act : ' _
(1;). “land” includes a revenue free estate, a revenue paying estate and
' a. permanent transferrable tenure, whethensuch an estate or tenurcﬁbe
subjeCt to encumberances or not : '
(h) “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 §or the purpose of preservingta protectedmonnmem
or of securing convenient access thereto : '
’ I (i) “0w__rner’_’ includes
(i) a joint owner invested with the power of management on behalf-
Vof himself and other joint owners and the successor-in-titlc of any
such owner rand '
_' (ii) any ,manager or trustee exercising, powers of management and
th: ”successor of oﬂice of any such; manager or trustee ; ,
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.. Lg) , “prescribed” means prescribed by rules made undergth-is‘Act 2
"'(E) "‘pi‘bteeted” when used with reference to an ancient. or'histbriéal‘ mohume'nt or Site which may be declared by the ’ Govemni'enthf‘under.sectlon 4 to be 'a “protected monument” or a “protected area":
(1) “protected antiquity” means an antiquity'declared by the Govetnmcntunder section 4 to be a protected antiquity and includes any article, . .bbj’ebt. -or thing referred to in. ’Sub-ctause (v) of 'Sub-éeetidn ’(b) of?Section (2). V '
~ "(ih) “superintendent” means the superintendent of archaeblogy, "andincluduany ofﬁcer anthorised by the State Government to perform the ﬁﬁﬁ'e:
of the Superintendent.
CHAPTER II
PROTECTED MONUMENTS
3. Certain ancient and historical monuments deemed to be protected ’monumentI-eé
All ancient and historical monuments and all archaeological ‘sités‘ﬁnd 1‘0.mains 'which have been declared by the Ancient Monuments Preservation Act,1904 (Central Act VII Of l'904t, to be “protected“ mantiments” 6r i‘ﬁfbtecfédateasf’ respectively, . but which have not been declared by or under the law‘ntade :byfflPai-Iiatnem to be of national impOrtanCe, shall be deemed’to , be"tancie:1t__aud jh‘iStorical monuments or archaeological Sites ' and remains ‘to‘bepreteded"menurnents or areas for the purposes of this 'Act.
PROTECTION OF ANCIENT "MONUMENTS' AND
ARCHAEOLOGICAL SITES AND REMAINS
4. few; 9? Government to declare ancient monuments, etc., to be protectedmonuments__ and areas—
(1) Where the Government are of opinion that any ancient monument
or archaeological site and remains requires protection under this Act, they may, -
by notiﬁcation, give two month’s notiCe of their intention to declare such
ancient monument or‘ archaeological site and remains to be a protected monument
or a protected area, as the case may be, and a copy of every such notiﬁcation
Shall be“ aﬁied‘ in a conspicuous place near the monument or "the site and
remains, as the case may be. > . .
*(2) Any person interested in any such ancient monument or archaeological
‘site and remains may, within two months after the issue of the notiﬁcation,
'(vbjeet- to-the declaration of the monument, Or the archaeological site" and:
remains, -as the case may be, to be a protected monument or_'a-»pretected area.
A '(3) ‘On the expiry of the said period of two months, the Gavernment
may, after considering the objections, if any, received by them, declare by
"'nqtiﬁba'tion,"the “éncient monument or the archaeological 'site aﬁd remains, as
the easemzy "he, 'to' bee “protected monument” Or aj“pr0‘te{:ted area”.
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(4') A notiﬁcation issued under Sub-section (3) shall, unless and until it
is vithdrawn, be conclusive essiéenee of the fact that the ancient monument
a the archaeological site and remains to which it relates, is a “protected
monument” or a “protected area" for the purposes of this -Act.
It Acquisition of rights in, a protected monument—«e
(l) The Superintendent may, with the sanction of the Government, purchase,
'9: take a lease of, or accept a gift or bequest of, any protected monument.
V (2) Where a protected monument is without an owner, the Superintendent
may, by notiﬁcation, assume the guardianship of the monument.
(3) The owuer of any protected monument may, by Written instrument,
constitute the Superintendent the guardian of the monument, and the Superin-
tendent may, with the sanction of the Government accept Such guardianship.
4) When the' Superintendent 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 Superintendent had not been cmastituted a guardian thereof ; and the pro-
visions of this Act relating to agreements executed under Section 6 shall apply
to the written instrument executed under Sub-section (3).
(5) Nothing in this Section shalt affect the use of any “protected monument”
for “customary religious 'observances”.
‘ 6. Preservation of ptjotected monument by agreement—
(1) The Superintendent, When 5:: directed by the Government, shall prepose
to the owner_ot_‘ aproteeted menument to enter into an agreement with the
Government Within a Speciﬁed peried‘, 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. V
(ii) to charge any'fee for entryinto, or inspection of, the monument,
(iii) to destroy, remove, alter or deface the monument, or
(iv) to build Von or near the site of the monumenL
(d) the facilities of access to be permitted to the public or any section
or any archaeological ofﬁcers or to 'persbns deputed by the owner
or any archaeological otﬁcers or other ofﬁcer or authority authorised
by the Government to inspect or maintain the monument ;
(e) thenotice 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 Govt. to purchase
such. land or any speciﬁed portion of such land, at its market value ;'
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* $4.1;th 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 Seetion"‘6, and such order shall be binding on the owner or Such other person andnonsevery- person claiming title to the monument from, through. or under, thegiémr :or such - other person. ‘
(2) Where an order made under Sub-Section (l) provides that the monument'Isha‘il be maintained by the owner or other person campetent to enter intoan agreement, all reasonable expenses for the maintenanee of the monumentcabal] be payable by the Government.
’ (3) No Order under Sub—section (I) shall be made unless the ownertor other .person has been given an opportunity of making a representationagainst the peoposed order.
10. Pov'ver to make order prohibiting contravention of agreement under:-.Section 6.— .
(.1) If the superintendent apprehends that the owner or occupier of a.proteqtéd monument intends to'f destroy, remove, injure, alter, deface, imperilor misuse the monument or to build on or near the site thereof in contra-IVention of the terms of an agreement executed under Section 6 the Superintendentmay, after giving the owner of' occupier an opportunity of making representation,'make an order prohibiting any such contravention of the agreement :
Provided that no such Opportunity need be given in any Icase where thepenintendent,»for reasons to be recorded, is satisﬁed that it is not expedient orpraetieable to do so. . .
(2) ' Any person aggrieved by an order made under this section may appeal;to._. the Government Within such time and in the same manner as may be prescribed,and- the decision of the Government shall be ﬁnal.
11. Enforcement -of agreements—
tendent‘iha’ay autho'rise any person to do any such act, and the owner- or other.‘gei-son'shall be hable‘ to pay the expenses of doing any such act 'or suchpor'tionof the expenses as the owner may be liable to pay under the agreement.
owner or other person ‘under ‘Sub-section (1), it shall be referred to the ‘ Govern-?mentswheee decision ehall beﬁnal. ‘ .
(2) If any dispute arises regarding the amount of expenses payable by the
"‘2» ”Purchase atcertajn sales and. persons claimin throu h owner bound b‘insttument executed by Owner— g . g y_
>_ _ Everyperson who purchases, at a sale for arrears of land revenue or ‘anyother public; demand, any land on which is situated a monument in respect Ofwhxeh any instrument has been executed by the owner for thetz'me being underSection 5 or Section 6,;and eyery person claiming any title to a monument froin,:theaugh, er under, x’an- owner who executed any such instrument, shall be bound
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* ghfk to enter into such an. agreement, the Government may make an order_providing for all or any of the matters speciﬁed in Sub-sectz'on (2) of Seetion"‘6, and such order 'shall be binding on the owner or Such other person andnonsevery- person claiming title to the monument from, through. or under, thegiémr :or -such - other person. ‘
(2) Where an order made under Sub-Section (l) provides that the monumentveha‘ll be maintained by the owner or other person campetent to enter intoan agreement, all reasonable expenses for the maintenanee of the monuments_ﬁhall be payable by the Government.
’ (3) No Order under Sub—section (I); shall be made unless the owneror other .person has been given an opportunity of making a representation,aga’inst the proposed order.
10. Pov'ver to make order prohibiting contravention of agreement under:-.Section 6.— .
(.1) If the superintendent apprehends that the owner or occupier of a.proteqted monument intends to'f destroy, remove, injure, alter, deface, imperilor misuse the monument or to build on or near the site thereof in contra-IVention of the terms of an agreement executed under Section 6 the Superintendentmay, after giving ,the owner of' occupier an opportunity of making representation,'make an order prohibiting any such contravention of the agreement :
Provided that no such opportunity need be given in any ‘case where thepeeintendent,»for reasons to be recorded, is satisﬁed that it is not expedient orpraetieable to do so. . .
(2) ' Any person aggrieved by an order made under this seeti'on' may appeal;to._. the Government Within such time and in the same manner as may be prescribed,land the decision of the Government shall be ﬁnal.
11. Enforcement or agreements—
tendent‘ihiay autho'n’se any person to do any such act, and the owner or other739F§935m be hable‘ to pay the expenses of doing any such act ‘or suchpor'tionof the expenses as the owner may be liable to pay under the agreement.
owner or other person ‘under ‘Sub-section (1), it shall be referred to the ‘ Govern-?meatg-whele decision ehall beﬁnal. ‘ .
(2) If any dispute arises regarding the amOunt of expenses payable by the
‘2» ”Purchase atcertajn $3168 and. persons claimin throu h owner bound b‘insttument executed by Owner— g . g y_
>_ _ Everyiperson who purchases, at a sale for arrears of land revenue or ‘anyother pnbhe demand, any land on which is situated a monument in respect Ofwhxeh any Instrument has been executed by the owner for thetime being underSection 5 or Section 6,;and eyery person claiming any title to a monument from,:thmugh, er under, x’an- owner who executed any such instrument, shall be bound
(ii) is one rupee or more. but .is less than two rupees.seventy per centum of such payment.
(iii) is two rupees or more
one hundred per centum of such payment I
Provided that if the total tax is not a multiple of ﬁvepaise, it shall be rounded off to the next higher multipleof ﬁve poise”.
5. In the Manipur (Sales of Motor Spirit and Lubricants)Taxation Act. 1962 (55 of 1962) :~
for the existing sub—section (1) of section 3, the followingshall be substituted,nan1ely :—~
“3. Levy of tax——(l) There ~ghetll be levied and collected Amenqmentfrom every dealer :1 tax on all sales effected by him of ofsecmng‘the following goods at such rates as may be ﬁxed bythe Government, from time to time, by notiﬁcation in theOfﬁcial Gazette, not exceeding the rates speciﬁed below :-
(i) motor spirit (except diesel
oil and internal combustion
oils other than petrol —- l5 poise per litre.
(h) lubricants m lOpaise perlitre.
(iii) diesel oil and internal com-bustion oil other than petrol— 10 paise per litre.(iv) crude oil ~ 1 paisa perlitre.”.
6. The Mahipur TaxatiOn Laws (Amendment) Ordinance, napeat.7 1972 (No. l of 1972) is hereby repealed.

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