LexThe TAMILNADU ANCIENT AND HISTORICAL MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS ACT,1966
Tamil Nadu · state statute
Open in Lexace · Ask the AI about this actTHE FORT ST. GERORGE GAZETTE
EXTRA – ORDINARY
PUBLISHED BY AUTHORITY
No.32, Madras, Saturday, February 11, 1967 (Magha 22, 1888)
PART IV – SECTION 4
MADRAS ACTS AND ORDINANCES
The following Act of the Madras Legislature
received the assent of the President on the 31st January
1967 and is hereby published for general information:-
ARRANGEMENT OF SECTIONS
PRELIMINARY
SECTIONS:
1. Short title, extent and commencement
2. Definitions
PROTECTION OF ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES
AND REMAINS
3. Power of Government to declare ancient monuments etc. to be protected
monuments and areas.
PROTECTED MONUMENTS:-
4. Acquisition of rights in a protected monument
5. Preservation of protected monument by agreement
6. Persons competent to exercise powers of owner
under Section 5, in respect of a protected
monument, when owner is under disability or
when it is a village property.
7. Application of endowment to repair a protected monument
8. Failure of refusal to enter into an agreement
9. Power to make order prohibiting contravention
of agreement Under section 5
pto…2
2
SECTIONS:
10. Enforcement of agreements.
11. Purchasers at certain sales and persons claiming
through owner bound by instruments executed by
owner.
12. Acquisition of protected monument
13. Maintenance of certain protected monuments
14. Voluntary contributions
15. Protection of place of worship from misuse.
16. Relinquishment of Government rights in a monument
17. Right of access to protected monuments
PROTECTED AREAS
18. Restrictions on enjoyment of property rights in
protected areas.
19. Power to acquire a protected area.
ARCHAEOLOGICAL EXCAVATIONS:
20. Excavations in protected areas
21. Excavations in areas other than protected areas.
22. Compulsory purchase of antiquities, etc. discovered
during excavation operations.
23. Excavation, etc., for archaeological purposes.
PROTECTION OF ANTIQUITIES:
24. Power of Government to control moving of antiquities
25. Purchase of antiquities by Government.
PRINCIPLES OF COMPENSATION:
26. Compensation for loss or damage.
27. Assessment of market value or compensation.
MISELLANEOUS
28. Delegation of powers by the Government.
29. Penalties
30. Jurisdiction of criminal courts.
…3
3.
31. Certain offences to be cognizable
32. Special provision regarding fine
33. Offences by companies.
34. Recovery of amounts due to the Government
35. Ancient monuments, etc. no longer requiring
protection
36. Power to correct mistakes, etc.
37. Protection of action taken under the Act
38. Power to make rules
39. Publication of rules, commencement of rules and
notifications and placing of rules and notifications
before the Legislature.
40. Repeals and savings.
Act No.25 of 1966
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 archaeolog ical excavations and
for the protection of sculptures, carvings and other like objects.
BE it enacted by the Legislature of the State of Madras in the
Seventeenth Year of the Republic of India as follows:
PRELIMINARY
1.Short title, extent and commencement:-
1. This Act may be called the Madras Ancient and Historical Monuments
and Archaeological Sites and Remains Act, 1966.
2. It extends to the whole of the State of Madras.
2. It shall come into force on such date as the Government may, by
notification, appoint.
3. Definitions:- In this Act, unless the context otherwise requires.
….4
4,
a. “ancient monuments” 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 monument,
ii. the site of an ancient monument,
iii. such portion of land adjoining the site of an ancient monuments as
may be required for fencing or covering in or otherwise preserving
such monument
iv. the gardens, if any, appurtenant to an ancient monument, and
v. The means of access to, and convenient inspection of an ancient
monuments;
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,
iii. any article, object or thing illustrative of science, art,
crafts, literature, religion, customs, morals
or polities 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, to be an antiquity for the
purpose of this Act,
which has been in existence for not than one hundred years;
…..5
5.
c. “archaeological officer” means any offi cer appointed by the
Government, by notification, to be an archaeological officer for the
purposes or t his Act for such areas as may be specified in the
notifications;
d. “archaeological site and remains” means any area which contains
or is reasonably believed to contain ruins or relics of historical or
archaeological importance which have been in existence for not less than
one hundred years, and includes:-
i. such portion of land adjoining the area as may be required for
fencing or covering in or otherwise preserving it, and
ii. the means of access to, and convenient 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;
5. “Director” means the Director of Archaeology and includes any
officer authorized by the Government, by notification, to exercise the
powers conferred on, and discharge the duties impo sed upon, the Director
under this Act;
f. “Government” means the State Government;
g. “maintain” with its grammatical variations and cognate expressions,
includes the fencing, covering in, repairing, restoring and cleaning of a
protected monument, and the doing of any act which maybe necessary
for the purpose of preserving a protected monument or of securing
convenient access thereto;
….6
6.
h. “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;
i. “Protected area” means any archaeological site and remains
which is declared to be a protected area under this Act;
j. “Protected monument” means any ancient monument which
is declared to be protected monument under this Act.
PROTECTION OF ANCIENT MONUMENTS AND A RCHAEOLOGICAL
SITES AND REMAINS:-
3. Power of Government to declare ancient monuments etc., to be
protected monuments 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 months’ 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 notifica tion 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 monument or archaeological
site and remains may, within two months after the issue of the
notification, object to the declaration of the monument, or the
archaeological site and remains, as the case may be, to be a protected
monument or a protected area.
….7
7.
3. On the expiry of the said period of two months, the
Government may, after considering the objections, if any received
by them, declare by notification, the ancient monument or the
archaeological site and remains, as the case may be, to be a
protected monument or a protected area.
4. A notification issued under sub-section (3) shall unless and until
it is withdrawn, be conclusive evidence of the fact that the ancient
monument or the archaeological site and remains to which it
relates, is a protected monument or a protected area for the
purposes of the Act.
PROTECTED MONUMENTS
4. Acquisition of rights in a protected monument:-
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.
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 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 Director h ad not been
constituted a guardian thereof; and the provisions of this Act relating
to agreements executed under section 5 shall apply to the written
instrument executed under sub-section (3)
…..8
….8
5. Nothing in this section shall affect the us e of any protected
monument for customary religious observances,
5. Preservations of protected monument by agreement:-
1. The Director, when so directed by the Government, shall
propose to the owner of a protected monument to enter into an
agreement with the Government within a specified period, for the
maintenance of the monument.
2. 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, after 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
there or to archaeological officers or to persons deputed by the ow ner
or any archaeological officer or other officer or authority authorized
by the Government to inspect or maintain the monument;
3. the notice to be given to the Government in case the land on
which the monument is situated or any adjoining land is off ered 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 maintenance of the monument.
….9
9.
g. the proprietary or other rights which are to vest is 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 appo intment 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 ma y, at any time, after the
expiration of three years from the date of execution of an agreement
under this section, terminate it an giving six months notic e in writing
to the other party;
Provided that where the agreement is terminated by the owner,
he shall pay to the G overnment the expenses, if any, incurred by
them 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 t he period
the agreement was in force.
4. An agreement under this section shall be binding 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.
6. Persons competent to exercise powers of owner under section 5,
in respect of a protected monument, when owner is under disability or
when it is a village property
1. If the owner of a protected monument is unable, by reasons of
minority or other disability, to act for himself, the person legally
competent to act on his behalf may exercise the powers conferred
upon an owner by section 5.
…..10
10.
2. In the case of protected monument which is a village property,
the headman or other vill age 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 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.
7. Application of endowment to repair a protected monument:
1. I f any owner or other person competent to enter into an
agreement under section 5 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 Madras Civil Court if the
protected monument is situated in the Presidency-town or in the court
of the district judge if the protected monument is situated elsewhere,
or, if the estimated cost of repairing the monument does not exceed
one thousand rupees, may make an application to the Madras City
Civil Court, or the court of the district judge, as the case may be, for
the proper application of such endowment or part thereof.
2. On the hearing of an application under sub -section 1., the
Madras City Civil Court or the court of the district judge may,
summon and examine the owner and any person whose evidence
appears to the court necessary 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 were a decree of a civil court.
…11
11.
8. Failure or refusal to enter into an agreement:
1. If any owner or other person competent to enter into an
agreement under section 5 for the maintenance of a protected
monument refuses or fails to enter into such an agreement, the
Government may make an order providing for all or any of the
matters specified in sub -section 2 of Section 5, and such order sha ll
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.
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 bee n given an opportunity of making a
representation against the proposed order.
9. Power to make order prohibiting contravention of
agreement under section 5:-
(1). If the Director apprehends that the owner or occupier of a
protected monument in tends to destroy, remove injure, 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 5, the Director may, after giving the owner or occupier an
opportunity of making a representation, make an order prohibiting
any such contravention of the agreements:
Provided that no such opportunity need 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.
….12
12.
2. Any person aggrieved by an order made 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.
10. Enforcement of agreements
(1) If an owner or other persons who is bound to maintain a
monument by an agreement executed under section 5 refuses or fails
within such reasonable time as the Director may fix, to do any act
which in the opinion of the Director is neces sary for the maintenance
of the monument, the Director may authorize any person to do any
such act, and the owner or other person shall be liable to pay the
expense as the owner may be liable to pay under the agreement.
2. If any dispute arises regar ding 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.
11. 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 executed by
the owner for the time being under section 4 or section 5 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.
12. Acquisition of protected monument:
If the Government are or opinion that a p rotected monument is in
danger of being destroyed, injured, misused, or allowed to fall into
….13
13.
decay, they may acquire the protected monument under the provision
of the Land Acquisition Act, 1894 (Central Act I of 1894, as if the
maintenance of the protected monument were a public purpose within
the meaning of that Act.
13. Maintenance of certain protected monuments:-
1. The Government shall maintain every monument which has
been acquired under section 12 or in respect of which any of the
rights mentioned in section 4 have been acquired.
2. When the Director has assumed 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 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.
14. Voluntary contributions:
The Director may receive voluntary contributions towards the cost
of maintaining a protected monument and may issue order for the
management and application of the contributions so received by him.
Provided that no contribution receiv ed under this section shall
supplied to any purpose other than the purpose for which it was
contributed.
15. Protection of place of worship from misuse:-
A protected monument maintained by the Government under that
Act, which is a place of w orship or shrine shal l not be used for any
purpose inconsistent with its character.
….14
14.
16. Relinquishment of Government rights in a monuments:-
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 he has
assumed under this Act.
17. 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
18. Restricts 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, utilize 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 purposes of
cultivation if such cultivation does not involve the digging of not more
than 0.5 metre of soil from the surface.
….15
15
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 specified
period and, if the person refuses or fails to comply with the order ,
the Director may cause the building to be remove d and the person
shall be liable to pay the cost of such removal.
19. Power to acquire a protected area – If the Government are of
opinion that any protected area protected area contains an ancient
monument or antiquities of regional interest and value, they may
acquired such area under the provisions of the Land Acquisition Act,
1894 (Central Act I of 1892), as if the acquisition were for a public
purpose within the meaning of that Act.
ARCHAEOLOGICAL EXCAVATIONS
20. Excavations in protected areas – Subject to the provisions of
Section 24 of the Ancient Monuments and Archaeological Sites and
Remains Act, 1958 (Central Act 24 of 1958, an archaeological officer
or an officer authori sed by him in this behalf or any person holding a
license granted in th is behalf under this Act (hereafter in this Act
referred to as the licenses) may; after giving notice in writing to the
Director and the owner, enter upon and make excavations in any
protected area.
21. Excavations in areas other than protected areas: Subject to
the p rovisions of section 24 of the A ncient Monuments and
Archaeological Sites and Remains Act, 1958 (Central Act 24 of
1958) where an archaeological Officer has reason to believe
that any area not being a protected area, contain ruing’s or relics
….16
16.
of historical or archaeological importance, he or an officer authoris ed
by him in this behalf may, after giving notice in writing to the Director
and the owner, enter upon and make excavations in the area.
22. Compulsory purchase of antiquities, etc., discovered during
excavation operations.
1. Where, as a result of any excavations made in any area under
section 20 or section 21, any antiquities are discovered, the
archaeological officer of 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 purchase of any such antiquities
is made under sub -section 3, the archaeological officer or the
licensee, as the case may, 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 o rder for the compulsory purchase of any antiquities is
made under sub -section 3, such antiquities shall vest in the
Government with effect from the date of the order.
.....17
17.
23. Excavation, etc., for archaeological purposes:-
Subject t o the provisions of section 20 and save as provided in
sections 21 and 22, no archaeological officer or other authority shall
undertake, or authorize any person to undertake, any excavation or
other like operation for archaeological purposes in any area wh ich is
not a protected area except with the previous approval of the
Government and in accordance with such rules or directions, if any,
as the Government may make or give in this behalf.
PROTECTION OF ANTIQUITIES
24. Power of Government to control moving of antiquities:-
1. If the Government consider that any antiquities or class of
antiquities ought not to be moved from the place where they are
without their sanction, the Governmen t 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 contains such particulars as may be prescribed.
3. Any person aggrieved b y an order refusing permission under sub -
section 1 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.
25. Purchase of antiquities by Government:-
1. If the government are of opinion that any antiquities
mentioned in a notification issued under sub -section 1 of
section 24 is in danger of being destroyed, removed, injured
….18
18
misused or allowed to fall into decay or that , by rea son of its
historical or archaeological 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 Director shall thereupon give notic e to the owner of the antiquity
to be purchased.
2. Where a notice of compulsory purchase is given under sub -
section 1 in respect of any antiquity, such antiquity shall vest in
Government with effect from the date of the notice.
3. The power of compulsory purchase conferred by this section
shall not extend to any image or symbol actually used for bonafide
religious observaties.
PRINCIPLES OF COMPENSATION
26. Compensation for loss or damage:-
Any owne r or occupier of land who had substained 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 of profits.
27. Assessment of market value of 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 any thing
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 to 47, 51 and 52 of the Land
acquisition Act, 1894 (Central Act I of 1894), so far as they can be
made applicable.
….19
19.
2. Notwithstanding anything contained in sub -section 1 or in the
Land Acquisition Act, 1894 (Central Act I of 1894), in determining the
market value of any antiquity in res pect of which an order for
compulsory purchase is made under sub -section 3 of section 22 or
under sub section 1 of section 25, any increase in the value of the
antiquity by reason of its being of historical or archae ological
importance shall not be taken into consideration.
MISCELLANEOUS
28. Delegation of powers by the Government.
1. The Government may, by notification, authorize any Officer or
authority subo rdinate to them to exercise any one or more of the
powers vested in them by or under this Act, except the power to
make rules under any of the provisions of this Act, and may in like
manner withdraw such authority.
2. The exercise of any powers de legated under sub section I shall
be subject to such restrictions and conditions as may be prescribed or
as may be specified in the notification and also to control and revision
by the Government or by such officer or authority subordinate to
them as may be empowered by them in this behalf. The Gove rnment
shall also have power to control and revise the acts of proceedings of
any officer or authority so empowered.
29. Penalties -1. Whoever –
i. destroys, removes, injures, alters, defaces, imperils or misuses
protected monument, or encroaches upon or build on such monument
or site thereof, or
….20
20.
ii. being the owner or occupier of a protected monument,
contravenes an order made under sub -section 1 of section 8 or under
sub-section 1 of section 9, or
iii. removes from a protec ted monument any sculpture, carv ing,
image, bas-relief, inscription or other like object, or
iv. does any act in contravention of sub-section 1 of section 18.
shall be punishable with imprison ment for a term 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 24 shall be
punishable with fine which may extend to five thousand rupees; and
the court convincing a person of any such contravention may, by
order, direct such person to restore the antiquity to the place from
which it was moved.
30. Jurisdiction of criminal courts :-
No court inferior to that of a presidency magistrate or a
magistrate of the first class shall try any offence under this Act.
31.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 sub -section 1 of Section 29, shall be deemed to be a
cognizable offence within the meaning of that Code.
32. Special provision regarding fine:-
Notwithstanding anything contained in section 32 of the
Code of Criminal Procedure, 1898 (Central Act V of 1898,)
it shall be lawful for any magistrate of the first-class specially
….21
21.
empowered by the Government in this behalf and for any presidency
magistrate to pass a sentence of fine exceeding two thousand rupees
on any person convincted of an offence which under this Act is
punishable with fine exceeding two thousand rupees.
33. Offices by Companies: 1. If the person committing an offence
under this Act is a company, the company as well as every person in
charge of, and responsible to the company for the conduct of its
business at the time of the commission of the offence shall be
deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly:
Provided that nothing contained in this sub -section shall render
any such person liable to any punishment if he proves that the
offence was committed without his knowledge or that he exercised all
due diligence to prevent the commission of such offence.
2. Notwithstanding anything contained in sub -section 1, where an
offence under this Act has been committed by a company and it is
proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any
director, of the company, such Director Manager, Secy. or other
officer, Manager, Secretary to other Officer shall also be deemed to
be guilty of that offence and shall be liable to be pr oceeded against
and punished accordingly.
Explanation: For the purposes of the section, a “Company”
means any body corporate, and included a firm or other association
of individuals; and
….22
22.
b. “Director” in relation to a firm, means a partner in the firm.
34. 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 Director or an Archaeological Officer
authorised by him in this behalf be recovered in the same manner as
an arrear of land revenue.
35. Ancient Monuments etc., no longer requiring protection:-
If the Government are of opinion that it is no longer necessary to
protect any ancient monument or archaeological site and re mains
under the provisions of this Act, they may, by notification, dec lare
that the ancient monument or archaeological site and remains, as the
case may be, has ceased to be protected monument or a protected
area for the purposes of this Act.
36. Power to correct mistakes etc:-
Any clerical mistake, patent error or error arising from accidental
slip or omission in the description of any ancient monument or
archaeological site and remains declared to be protected monument
or a protected area under th is Act, may, at any time, be corrected by
the Government by notification.
37. 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 which is in go od faith
done or intended to be done in the exercise of any power conferred
by this Act.
38. Power to make rules:-
1. The Government may make rules to carry out the purposes of
this Act.
….23
23.
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 natu re near
a protected monument or the construction of building on land
adjoining such monument and the removal of unauthorized buildings;
b. the grant of licenses and permissions to make excavations for
archaeological purposes in protected areas, t he authorities by whom,
and the restrictions and conditi ons subject to which such licens es and
permissions may be granted, the taking of securities from licensees or
holders of such permissions and the fees tha t may be charged for
such licenses and permission;
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 of an archaeological officer
or a licensee under clause (a) of sub-section 1 of section 22;
e. the form in which an application for permission under section 18
or section 24 may be made and the particulars which such application
shall contain;
f. the form and manner of preferring appeals under this Act 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 operations for
archaeological purposes may be carried on;
….24
24.
i. any other matter which is to be or may be prescribed.
3. Any rule made under the 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 for a term which may ext end to three
months, or with fine which may extend to five 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.
39. Publication of rules, commencement of rules and
notifications and placing of rules and notifications before the
Legislature:-
1. A ll rules made under this Act shall be published in the Fort
St.George Gazette and, unless they are expressed to come into force
on a particular day, shall come into force on the day on which they
are so published.
2. All notifications issued und er this Act shall, unless they are
expressed to come into force on a particular day, come into force on
the day on which they are published.
3. Every rule made and notification issued under this Act shall, as
soon as possible, after it is made or issued, be placed on the table of
both Houses of the Legislature, and if, before the expiry of the session
….25
25
in which it is so placed or the next session, both Houses agree in
making any modification in any such rule or notification, or both
houses agree that the rule or notification should not be made or
issued, the rule or notification 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 or notification.
40. Repeals and savings:
1. Any law corresponding to this Act in force in the added
territories immediately before the commencement of this Act,
including the Andhra Pradesh Ancient and Historical Monuments and
Archaeological Sites and Remains Act, 1960 (Andhra Pradesh Act VII
of 1960) hereafter in this section referred to as the corresponding
law, shall stand repealed on such commencement.
2. The Ancient Monuments Preservation Act, 1904 (Central Act VII
of 1904) shall cease to have effect in relation to ancient monuments
and archaeological sites and remains declared under this Act to be
protected monuments or protected areas, except as respects thing s
done or omitted to be done before the commencement of this Act.
3. The repeal by Sub -section 1 of the corresponding law shall not
affect.
i. The previous operation of the corresponding law or anything duly
done or suffered thereunder; or
ii. any right, privilege, obligation or liability acquired, accrued or
incurred under the corresponding law; or
….26
26.
iii. any penalty, forfeiture or punishment incurred in respect of any
offence committed against the corresponding law; or
iv. any investigation, legal proceedings or remedy in respect of any
such right, privilege, obligation, liabil ity, penalty, forfeiture or
punishment as aforesaid and any such investigation, legal proceeding
or remedy may be instituted, cont inued or enforced and any such
penalty, forfeiture or punishment may be imposed as if this Act had
not been passed.
4. Notwithstanding the repeal by sub -section 1 of the corresponding
law, all ancient monuments or archaeological sites and remains
declared to be protected monuments or protected areas under the
corresponding law shall be deemed to be ancient monuments or
archaeological sites and remains declared to be protected monuments
or protected areas under this Act.
5. Subject to the provisions of sub-sections 3 and 4, anything done
or any action taken before the commencement of this Act under the
corresponding law shall be deemed to have been done or taken under
this Act and shall continue to have effect accordingly, unless and until
superseded by anything done or any action taken under this Act.
6. For the purpose of facilitating the application of this Act in the
added territories, any court or other authority may construe this Act
with such alternations not affecting the substance as may be
necessary or proper to adapt it to the matter before the court or other
authority.
….27
27
7. Any reference to the corresponding law in any law which continues
to be in force in the added territories after the commencement of this
Act shall, in relatio n to those territories, be construed as a reference
to this Act.
Explanation:- For the purpose of this section, the expression “added
territories” shall mean the territories specified in the Second Schedule
to the Andhra Pradesh and Madras (Alteration of Boundaries Act,
1959 Central Act 56 of 1959).
(By order of the Governor)
T.S.Ramalingam
Secy. To Govt.
Law Department
/true copy/
Deputy Director