LexThe Punjab Ancient And Historical Monuments And Archaeological Sites and Remains Act, 1964
Punjab · state statute
Open in Lexace · Ask the AI about this act GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS
THE PUNJAB ANCIENT AND HISTORICAL MONUMEN TS AND
ARCHAEOLOGICAL SITES AND REMAINS ACT, 1964
(Punjab Act No. 20 of 1964)
(As amended up to the3rd March,2026)
2026
THE PUNJAB ANCIENT AND HISTORICAL MONUMEN TS AND
ARCHAEOLOGICAL SITES AND REMAINS ACT, 1964
CONTENTS
Sections
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
PROTECTION OF ANCIENT MONUMENTS AND
ARCHAEOLOGICAL SITES AND REMAINS
3. Certain ancient and historical monuments etc deemed to be
protected monuments or areas.
4. Power of Government to declare ancient monuments 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 under section 6
in respect of a protected monument, when owner is under
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 agreements.
12. Purchasers at certain sales and persons claiming through owner
bound by instrument executed by owner.
13. Acquisition of protected monuments.
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. Rights of access to protected monuments.
PROTECTED AREAS
19. Restrictions on enjoyment of property rights in protected
areas.
20. Power to acquire protected areas.
ARCHAEOLOGICAL EXCAVATION
21. Excavations in protected areas.
22. Excavations in areas other than protected areas.
23. Compulsory purchase of antiquities etc., discovered during
excavation operations.
24. Excavation, etc., for archaeological purposes.
PROTECTION OF ANTIQUITIES
25. Power of Government to control moving of antiquities.
26. Purchase of antiquities by Government.
PRINCIPLES OF COMPENSATION
27. Compensation for loss or damage.
28. Assessment of market value or compensation.
MISCELLANEOUS
29. Delegations.
30. Penalties.
31. Jurisdiction to try offences.
32. Certain offences to be cognizable.
33. Special provision regarding fine.
34. Recovery of amounts due to the Government.
35. Ancient monuments, etc., no longer requiring protection.
36. Power to correct mistake, etc.
37. Protection of action taken under the Act.
38. Power to make rules.
39. Repeal.
THE PUNJAB ANCIENT AND HISTORICAL MONUMEN TS AND
ARCHAEOLOGICAL SITES AND REMAINS ACT, 1964
(Punjab Act No. 20 of 1964)
(Received the assent of the President of India on the 19 th May,1964 and first
published for general information in the Punjab Government Gazette
(Extraordinary), Legislative Supplement of the 1st June,1964.)
1 2 3 4
Year No. Short title Whether repealed or otherwise
affected by Legislation
1964 20 THE PUNJAB
ANCIENT AND
HISTORICAL
MONUMENTS AND
ARCHAEOLOGICAL
SITES AND
REMAINS ACT, 1964
1. Amended by Punjab Act
No.25of 1964.
2. Amended by the Adaptation of
Punjab Laws Order, 1970.
AN ACT to provide for the preservation of ancient and historical monuments
and archaeological sites and remains other than those of national importance,
for the regulation of Archaeological excavat ions and for the protection of
sculptures, carvings and other like objects.
BE it enacted by the Legislature of the State of Punjab in the Fifteenth Year
of the Republic of India as follows:-
PRELIMINARY
1. (1) This Act may be called the Punjab Ancient and Historical Monuments
and Archaeological Sites and Remains Act, 1964.
(2) It extends to the whole of the State of Punjab.
(3) It shall come into force on such date as the State Government may by
notification appoint.
2. In this Act, unless the context otherwise requires,-
(a) 'ancient and historical 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 and which has been in existence for not less than one
hundred years and includes-
(i) the remains of an ancient and historical monument,
(ii) the site of an ancient and historical monument,
(iii) such portion of land adjoining the site of an 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 inspection of, an ancient and
historical monument;
but does not include any ancient or historical monument declared by or
under law made by Parliament to be of national importance;
(b) '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,
Short title,
extent and
commence-
ment.
Definitions.
(iii) any article, object or thing illustrative of science, art, crafts,
literature, religion, customs, morals or politics in by gone ages,
(iv) any article, object or thing of historical interest, and
(v) any article, object or thing declared by the Government by
notification to be an antiquity for the purposes of this Act,
which has been in existence for not less than one hundred years;
(c) 'archaeological officer' means an officer of the Government appointed
for the purpose of exercising the powers conferred on, and performing
the functions assigned to, an archaeological officer under this Act, and
includes any other officer authorised by the Government to exercise
and perform all or any of such powers and functions;
(d) 'archaeological site and remains' means any area w hich contains or is
reasonably believed to contain ruins or relics of histori cal 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 inspection 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 and includes any officer
authorised by the Government to exercise the powers and perform the
functions of the Director under this Act;
(f) 'Government' means the Government of Punjab;
(g) 'maintain', with its grammatical variations and cognate express ions,
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;
(h) 'owner' includes –
(i) a joint owner invested with powers of management on behalf of
himself and other j oint 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;
(i) 'prescribed' means prescribed by rules made under this Act;
(j) 'protected ar ea' means any archaeological site and remains which is
declared to be a protected area by or under this Act;
(k) 'protected monument' means an ancient or historical monument which
is declared to be a protected monument by or under this Act.
PROTECTION OF ANCIENT MONUMENTS AND ARCHAEOLOGICAL
SITES AND REMAINS
3. All ancient and historical monuments and all archaeological sites and
remains which have been declared by the Ancient Monuments Preservation Act,
1904 (Central Act VII 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.
4. (1) Where the Government is of opinion that any ancient and historical
monument or archaeological site and remains, which has not been declared by or
Power of
Government
to declare
ancient
monuments
etc. to be
protected
monuments
Certain
ancient and
historical
monuments
etc. deemed
to be
protected
monuments
or areas.
under the law made by Parliament to be of national importance and which is not
included in section 3 requires protection under this Act, it may by notification give
two months` notice of its intention to declare such ancient and historical monument
or archaeological site and remains to be a protected monument or a protected area
as the case may be, and a copy of e very 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 historical monument or
archaeological site and remains may, within 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 objections, if any, received by it, declare by notification the
ancient and historical monument or the arch aeological 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 the 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. (1) The Director 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 Director may
by notification assume the guardianship of the monument.
Acquisition
of rights in a
protected
monument.
(3) The owner of any protected monument may, by written 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 acc epted 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
Director had not been constituted a guardian thereof; and the provisions 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 shall affect the use of any protected monument
for customary religious observances.
6. (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) An agreement under this section may provide for all or any o f 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 secti on
thereof or to archaeological officers or to persons deputed by the
Preservation
of protected
monument
by
agreement.
owner or any archaeol ogical officer or other officer or authority
authorised by the Government to inspect or maintain the monuments;
(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 th e
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 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 d ecide 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 any agreement under this section, te rminate it
on giving six months notice in writing to the other party:
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 preceding the termination of the
agreement or, if the agreement has been in force for a shorter period, duri ng the
period the agreement was in force.
(4) An agreement under this section shall be bi nding on any person claiming to
be the owner of the monument to which it relates, from, through or under a party
by whom or on whose behalf the agreement was executed.
7. (1) If the owner of a protected monument is unable, by reason of minority
or o ther 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, any 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 s hall 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. (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 i nto 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 s uch
endowment or part thereof.
(2) On the hearing of an application under sub -section (1), the District
Judge may, summon an d examine the owner and any person whose evidence
appears to him necessar y and may pass an order for the proper application of the
endowment or any part thereof, and any such order may be executed as if it were a
decree of a civil court.
Persons
competent
to exercise
powers of
owner
under
section 6 in
respect of a
protected
monument,
when
owner is
under
disability
or when it
is a village
property.
Application
of
endowment
to repair a
protected
monument.
9. (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, the Government may mak e 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, through, or under, the owner or such ot her 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 monument
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 an opportunity of making a representation in writing
against the proposed order.
10. (1) If the Director apprehends 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 executed under section 6, the Director may, after giving the owner or
occupier an 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
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 this section may appeal
to the Government within such time and in such ma nner as may be prescribed and
the decision of the Government shall be final.
Failure or
refusal to
enter into an
agreement.
Power to
make order
prohibiting
contravention
of agreement
under section
6.
11. (1) If an owner or other person who is bound to maintain a monument by
an agreement executed under section 6 refuses or fails, within such reasonable time
as the Director may fix, to do any act which in the opinion of the Director i s
necessary for the maintenance of the monument, the Director may 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 ref erred to the Government
whose decision on such reference shall be final.
12. Every person who purchases, at a sale for arrears of land revenue or a ny
other public demand, any land on which is situated a monument in respect of
which any instrument has been executed by the owner for the time being under
section 5 or section 6, and every person claiming any title to a mo nument from,
through, or under, an owner who ex ecuted any such instrument shall be bound by
such instrument.
13. If the Government apprehends that a protected monument is in danger of
being destroyed, injured, misused or allowed to fall into deca y, it may acquire the
protected monument under the provisions of the Land Acquisition Act, 1894
(Central Act 1 of 1894), as if the maintenance of the protected monument were a
public purpose within the meaning of that Act.
Acquisition
of protected
monuments.
Purchasers
at certain
sales and
persons
claiming
through
owner bound
by
instrument
executed by
owner.
Enforcement
of
agreements.
14. (1) The Government shall maintain every monument which has been
acquired under section 13 or in respect of which any of the ri ghts 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 maintaining such monument have access
to the monument at all reasonable times, by himself and by his agent, 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.
15. The Director may receive voluntary contributions towards the cost of
maintaining a protected monument and m ay give such general or special directions
as he considers necessary for the management and application of the contribu tions
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.
16. (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 Director has purchased or taken a lease or accepted a gift
or bequest or assumed guardianship, of a protected monument under secti on 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 from pollution or desecration –
Maintenance
of certain
protected
monuments.
Voluntary
contribution
s.
Protection of
place of
worship from
misuse,
pollution or
desecration.
(a) by prohibiting the e ntry therein except in accordance with the
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.
17. With the sanction of the Government, the Director may-
(a) where rights have been acquired by the Director 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 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 h e has assumed
under this Act.
18. Subject to any rules made under this Act, the public shall have a right of
access to any protected monument.
PROTECTED AREAS
19. (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
Relinquish-
ment of
Government
rights in a
monument.
Rights of
access to
protected
monuments.
Restrictions
on enjoyment
of property
rights in
protected
areas.
Restrictions
on
enjoyment
of property
rights in
protected
areas.
area or any part thereof in any other manner without t he permissi on 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 purposes 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 s ub-section
(1) shall be removed within a specified period and, if the person refuses or fail s to
comply with the order, the Director may cause the building to be removed a nd the
person shall be liable to pay the cost of such removal.
20. If the Government is of opinion that any protected area contains any ancient
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 (Central Act I of 1894), as if the acquisition were for a
public purpose within the meaning of that Act.
ARCHAEOLOGICAL EXCAVATIONS
21. Subject to the provisions of section 24 of the Ancient Monuments and
Archaeological Sites and Remains Act, 1958 (Ce ntral Act 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 the Act (hereinafter referred to as the
licensee) may, after giving notice in writing to the Directo r and the owner, enter
upon and make excavations in any protected area.
Power to
acquire
protected
areas.
Excavations
in protected
areas.
22. Subject to the provisions of section 24 of the Ancient Monuments and
Archaeological Sites and Remains Act, 1958 (Central Act 2 4 of 1958), where an
archaeological officer has reason to believe that any area, not being a protected
area, contains ruins or relics of historical or archaeological importance he or an
officer authorised by him in this behalf may, after giving notice in w riting to the
Director and the owner, enter upon and make excavations in the area .
23. (1) Where, as a result of any excavations made in any area under section 21
or s ection 22, any antiquities are discovered the archaeological officer or the
licensee, as the case may be, shall,-
(a) as soon as practicable examine such antiquities and submit a
report to the Government in such manner and containing 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 antiquities
have been discovered, as to the nature of such antiquities.
(2) Until an order for the compulsory purcha se 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), the Government may
make an order for the compulsory purchase of any such antiquities at their market
value.
(4) When an order for the compulsory purchase of any antiquities is made
under sub -section (3), such antiquities shall vest in the Government with effe ct
from the date of the order.
Excavations
in areas
other than
protected
areas.
Compulsory
purchase of
antiquities,
etc.,
discovered
during
excavation
operations.
24. Subject to the provisions of section 21 and save as provided in sections 22
and 23, no archaeological officer or other authority shall undertake, or authorise
any person to undertake, a ny excavation or other like operation for archaeological
purposes in any area which is not a protected area exc ept 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. (1) If the Government considers that any antiquities or class of antiquities
ought not to be moved from the place where they are without its sanction, t he
Government may by 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 -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.
26. (1) If the Government apprehends that any antiquity mentioned in a
notification issued under sub -section (1) of section 25, 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 archaeological importa nce, 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 Director
shall thereupon give notice to the owner of the antiquity to be purchased .
Excavation,
etc., for
archaeological
purposes.
Power of
Government
to control
moving of
antiquities.
Purchase of
antiquities
by
Government.
(2) Where a notice of comp ulsory purchase is issued under sub -section
(1) in respect of any antiquity, such antiquity shall vest in the Government with
effect from the date of the notice.
(3) The power of compulsory purchase given by this section s hall not
extend to any image or symbol actually used for bona fide religious observances.
PRINCIPLES OF COMPENSATION
27. Any owner or occupier of land who has sustained any loss or damage or any
diminution of profits from the land by reason of any entry on, or excavations 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 diminution or profits.
28. (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 section 3, 5, 8 to 34, 45 to 47, 51 and 52 of the Land
Acquisition Act, 1894 (Central Act I 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 Government 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 in this behalf, by the Collector.
(2) Notwithstanding anything in sub -section (1) or in the Land
Acquisition Act, 1894 (Central Act I of 1894), in determining the market value of
Compensation
for loss or
damage.
Assessment
of market
value or
compensation
any antiquity in respect of which an order for compulsory 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 reason of its being of historical or archaeo logical
importance shall not be taken into consideration.
MISCELLANEOUS
29. 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
direction, be exercisable also by such officer or authority subordinate to the
Government as may be specified in the direction.
30. (1) Whoever- ,
(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 objects, or
(iv) does any act in contravention of sub-section (1) of section 19,
shall be punishable with imprisonment which may extend to three months, or with
fine which may extend to five thousand rupees, or with both.
(2) Any person who moves any antiquity in contravention of a
notification issued under sub-section (1) of section 25 shall be punishable with fine
which may extend to five thousand ru pees, and the court convicting a person of
Delegation.
Penalties.
any such contravention may, by order, direct such person to restore the antiquity to
the place from which it was moved.
31. No Court inferior to that of a 1[Judicial Magistrate] of the first class shall try
any offence under this Act.
32. Notwithstanding anything in the Code of Criminal Procedure, 1898 (Central
Act V of 1898), an offences under clause (i), or clause (iii), of sub -section (1) of
section 30, shall be deemed to be a cognizable offence wi thin the meaning of that
Code.
33. Notwithstanding anything in section 32 of the Code of Criminal Procedure,
1898 (Central Act V of 1898), it shall b e lawful for any 2[Judicial magistrate] of
the first class specially empowered by the Government in thi s behalf, to pass a
sentence of fine exceeding two thousand rupees on any person convicted of an
offence which under this Act is punishable with fine exceeding two thousand
rupees.
34. Any amount due to the Government from any person under this Act may, on
a certificate issued by the Director or an Archaeological Officer authorised by him
in this behalf, be recovered in the same manner as an arrear of land revenue.
35. If the Government is of opinion that it is no longer necessary to protect any
ancient and historical monument or archaeological site and remains under the
provisions of this Act, it may by notification declare that the ancient and historical
1 Substituted for the word 'Magistrate 'by Punjab Act no.25 of 1964.
2 Substituted for the word 'Magistrate' by ibid.
Jurisdiction
to try
offences.
Special
provision
regarding
fine.
Certain
offences to
be
cognizable.
Recovery of
amounts due
to the
Government.
Ancient
monuments,
etc. no
longer
requiring
protection.
monument or archaeological site and remains, as the case may be, has ceased to be
a protected monument or a protected area for the purposes of this Act.
36. 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 a protected monument or a protected
area, by or under this Act, may, at any time, be c orrected by the Government by
notification.
37. 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.
38. (1) The Government may, by notification and subject to the condition of
previous publication, make rules to carry 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 operation of a
like nature near a protected monument or the construction of
buildings on land adjoining such monume nt and the removal of
unauthorised buildings;
(b) the grant of licences and permissions to make excavations for
archaeological purposes in protected areas, the authorities by
whom, and the restrictions and conditions subject to which,
such licences may b e granted, the taking of securities from
licensees and the fees that may be charged for such licences;
Power to
correct
mistake, etc.
Protection of
action taken
under the
Act.
Power to
make rules.
(c) the right of access of the public to a protected monument and
the fee, if any, to be charged therefor;
(d) the form and contents of the report o f an archaeological officer
or a licensee under clause (a) of sub-section (1) of section 23;
(e) the form in which appli cations for permission under section 19
or section 25 may be made and the particulars which they shall
contain;
(f) the form and manner of preferring appeals under 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 under this Act;
(h) the manner in which excavations and other like operatio ns for
archaeological purposes may be carried on;
(i) 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 ma de with reference to clause (a) of sub -
section (2 ), with imprisonment which may extend to three
months, or with fine which may extend to fiv e thousand 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 thousand 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.
(4) Every rule made under this section shall be laid as soon as may be
after it is made before 1[***] of the State Legislature while it is in session for a
total period of ten days which may be comprised in one session or in two
successive sessions, and if, be fore the expiry of the session in which it is so laid or
the session immediately following, 2 [the Legislature] agree in making any
modification in the rule or 3[the Legislature] agree that the rule should not be
made, the rule shall thereafter have effect only in such modified form or be o f 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.
39. The Ancient Monuments Preservation Act, 1904 (Central Act VII of 1904),
shall cease to have effect in relation to ancient and historical monuments and
archaeological sites and remains declared or deemed to be declared by or under
this Act to be protected monuments or protected areas, except as resp ects things
done or omitted to be done before the commencement of this Act.
1 The words "each House" omitted by the Adaptation of Punjab Laws order ,1970.
2 Substituted for the words "both Houses" by ibid.
3 Substituted for the words "both Houses" by ibid
Repeal.