LexThe Telangana Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1960.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA ANCIENT AND HISTORICAL MONUMENTS
AND ARCHAEOLOGICAL SITES AND REMAINS ACT, 1960.
(ACT NO. VII OF 1960.)
ARRANGEMENT OF SECTIONS
Sections
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
PROTECTION OF ANCIENT MONUMENTS AND
ARCHAEOLOGICAL SITES AND REMAINS
3. Certain ancient monuments, etc., deemed to be
protected monuments or areas.
4. Power of Government to declare ancient
monuments etc., to be protected monument and
areas.
PROTECTED MONUMENTS
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.
2 [Act No. VII of 1960]
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
monument.
18. Right of access to protected monuments.
PROTECTED AREAS
19. Restrictions on enjoyment of property rights in
protected areas.
20. Power to acquire a protected area.
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.
[Act No. VII of 1960] 3
MISCELLANEOUS
29. Delegation of powers.
30. Penalties.
31. Jurisdiction to try offences.
32. Certain offences to be congnizable.
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 mistakes, etc.,
37. Protection of action taken under the Act.
38. Power to make rules.
39. Repeals.
THE TELANGANA ANCIENT AND HISTORICAL
MONUMENTS AND ARCHAEOLOGICAL SITES AND
REMAINS ACT, 1960.1
ACT No. VII OF 1960.
PRELIMINARY.
1. (1) This Act may be called the 2Telangana Ancient and
Historical Monuments and Arch aeological Sites and
Remains Act, 1960.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall come into force on such 3date as the State
Government may, by notification in the 2Telangana Gazette,
appoint.
2. In this Act, unless the context otherwise requires,-
(a) ‘ancient monument’ means any structure, erection or
monument or any tumulus or place of interme nt, 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 4[seventy five years] and
includes-
(i) the remains of an ancient monument;
1. The Andhra Pradesh Ancient and Historical Monuments and
Archaeological Sites and Remains Act, 1960 in force in the combined
State, as on 02.06.2014, has been adapted to the State of Telangana,
under section 101 of the Andhra Pradesh Reorganisation Act, 2014
(Central Act 6 of 2014) vide. the Telangana Adaptation of Laws Order,
2016, issued in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
3. Came into force on 15th September, 1960.
4. Substituted by Act No.19 of 2001.
Short title, extent
and
commencement.
Definations
2 [Act No. VII of 1960]
(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 such monument, and
(iv) the means of access to, and convenient,
inspection of, an ancient monument
but does no t include any ancient or historical monument
declared by or under law made by Pariiament 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 politics 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 Telangan a Gazette, to be
an antiquity for the purposes of this Act, which has been in
existence for not less than 5[seventy five years];
5. Substituted by Act No.19 of 2001.
[Act No.VII of 1960] 3
(c) ‘archaeological officer’ means any officer of the
Department of Archaeology of the Government not lower in
rank than Assistant Director of Archreology;
(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 6[seventy five years],
and includes-
(i) such portion of land adjoining the are a 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
perform the duties of the Director;
(f) ‘Government’ means the Government of 7Telangana;
(g) ‘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 pre serving a protected monument or of
securing, convenient access thereto;
6. Substituted by Act No.19 of 2001.
7. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
4 [Act No. VII of 1960]
(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 man ager or trustee exercising powers of
management and the sucessor -in-office of any such
manager or trustee;
(i) ‘prescribed’ means prescribed by rules made under
this Act;
(j) ‘protected area ’ means any archaeological site a nd
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 monumen ts and all
archaeological sites and remains which have been declared
by the 8[Ancient Monuments Preservation Act, 1904 (Central
Act 7 of 1904), or the 9Hyderabad Ancient Monuments
Preservation Act (Hyderabad Act VIII of 1337 F.), to be
protected monuments but which have not been declared by
or under law made by Parliament to be of national
8. Shall Cease to have effect in the State of A ndhra Pradesh to certain
extent. See section 39 (2) of the Ancient and Historical Monuments and
Archaeological Sites and Remains Act, 1960 (Telangana Act VII of 1960).
The Act VII of 1960 has been adapted to the State of Telangana vide.
G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
9. Repealed by section 39 (1) ibid.
Certain ancient
monuments, etc.,
deemed to be
protected
monuments or
areas.
[Act No.VII of 1960] 5
importance, shall be deemed to be ancient and historical
monuments or archreological sites and remains declared to
be protected monuments or areas for the purposes of this
Act.
4. (1) Where the Government are of opinion that any
ancient monument or archaeological site and remains not
included in section 3 requires protection under this Act, they
may, by notification in the 10Telangana Gazette 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 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
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, 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 them, declare by notofication in the 10Telangana
Gazette, 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 published under sub -section (3) shall,
unless and until it is withdrawn be conclusive evidence of
the fact that the ancient mon ument or the archaeological
site and remains to which it relates, is a protected
monument or a protected area for the purposes of this Act.
10. Substituted by G.O.Ms.No.45, Law (F) Department , dated
01.06.2016.
Power of
Government to
declare ancient
monuments etc.,
to be protected
monument and
areas.
6 [Act No. VII of 1960]
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 in the 11Telangana Gazette,
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 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 m ay provide for all
or any of the following matters namely:—
11. Substituted by G.O.Ms.No.45, Law (F ) Department, dated
01.06.2016.
Acquisition of
rights in a
protected
monument.
Preservation of
protected
monument by
agreement.
[Act No.VII of 1960] 7
(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 archaeological officers or
to persons deputed by the owner or any archaeological
officer or other officer or authority authorised by the
Government to inspect or maintain the monument;
(e) the noti ce 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 purch ase 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 proprietory 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;
8 [Act No. VII of 1960]
(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 where the agreement is terminated by
the owner, he shall pay to the Government 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 the 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, thro ugh 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 other disability, to act for himself, the
person legally competent to act on his behalf m ay exercise
the powers conferred upon an owner by section 6.
(2) In the case of a protected monument which is a
village property, the headman or other village officer
exercising powers of management over such property may
exercise the powers conferred upon an owner by section 6.
(3) Nothing in this section shall be deemed to empower
any person not being of the same religion as the person on
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.
[Act No.VII of 1960] 9
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 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 di strict judge or, if the estimated cost of
repairing the monument does n ot 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 any part thereof, and any such order may be
executed as if it were a decree of a civil court.
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 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, 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
Application of
endowment to
repair a protected
monument.
Failure or refusal
to enter into an
agreement.
10 [Act No. VII of 1960]
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 th at 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.
(2) Any person aggrieved by an order made under this
section may appeal to the Government withi n such time and
in such manner as may be prescribed, and the decision of
the Government shall he final.
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 is 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.
Enforcement of
agreements.
Power to make
order prohibiting
contravention of
agreement under
section 6.
[Act No.VII of 1960] 11
(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.
12. 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 5 o r 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. If the Government apprehend that a protected
monument is in danger of b eing destroyed , injured,
misused, or allowed to fall into decay, they may acquire the
protected monument under the provisions of 12the 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.
14. (1) The Government shall maintain every m onument
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 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 agents,
subordinates and workmen, for the p urpose of inspec ting
the monument and for the purpose of bringing such
12. See now the provisions of Central Act 30 of 2013 wher ein this Act
has been repealed.
Purchasers at
certain sales and
persons claiming
through owner
bound by
instrument
executed by
owner.
Acquisition of
protected
monument.
Maintance of
certain protected
monuments.
12 [Act No. VII of 1960]
materials and do ing 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
may give such general or special directions as he consi ders
necessary for the management and application of the
contributions 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 have acquired a prote cted
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
section 5, and such monument or any part thereof is used
for religous 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-
(a) by prohibiting the entry 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 en titled 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.
Voluntary
contributions.
Protection of
place of worship
from misuse,
pollution or
desecration.
[Act No.VII of 1960] 13
17. With the sanction of the Governmen t, the Director
may,-
(a) where rights have been acquired by the Director in
respect of any monument under this Ac t, by virtue of a ny
sale, lease, gift or will, relin quish, by notification in the
13Telangana Gazette, the rights so acquired to the persons
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.
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 th e
protected area or carry o n any mining, quarrying,
excavating, blasting, or any operation of a like nature in
such area, or utilise such area or any part th ereof 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 one foot of soil from the
surface.
(2) The Government may, by order, direct that a ny
building constructed by any person within a prote cted area
in contravention of the provisions of sub -section (1) shall be
13. Substituted by G.O.Ms.No.45, Law (F ) Department, dated
01.06.2016.
Relinquishment of
Government rights
in a monument.
Right of access to
protected
monuments.
Restrictions on
enjoyment of
property rights in
protected areas.
14 [Act No. VII of 1960]
removed within a speci fied period and if the person refuses
or fails to comply with the order, the Director may cause the
building to be removed and the person shall be liable to pay
the cost of such removal.
20. If the Government are of opinion that any protected
area contains an ancient monument or antiquities of
regionaI interest and va lue they, may acquire such area,
under the provisions of 14the 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 EXCAVATION.
21. Subject to the pro visions 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 authorised by him in this behalf or any person
holding a licence granted in this behalf under this Act
(hereinafter referred to as the licensee) may, after giving
notice in writing to the Director and the owner, enter u pon
and make excavations in any protected area.
22. Subject to the provisions of section 24 of the Ancient
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, contains ruins or relics of historical or
archaeological importance, he or an officer authorised by
him in thi s behalf may, after giving notice in writing to the
Director and the owner, enter upon and make excavations in
the area.
14. See now the provisions of Central Act 30 of 2013 wherein this Act
has been repealed.
Power to acquire a
protected area.
Excavations in
protected areas.
Excavations in
areas other than
protected areas.
[Act No.VII of 1960] 15
23. (1) Where, as a result of any excavations made in any
area under section 21 or section 22, any antiquities are
discovered, the archaeological officer or the licensee, as the
case may be, shall,-
(a) as soon as practica ble 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 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 orde r 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 Governmen t with effect from the date of the
order.
24. Subject to the provisions of section 21 and sa ve a s
provided in sections 22 and 23, no archaeological officer or
other authority shall undertake, or authorise any person t o
undertake, any excavation or other like operation for
archaeological purposes in any area which 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.
Compulsory
purchase of
antiquities etc.,
discovered during
excavation
operations.
Excavation etc.,
for archaeological
purposes.
16 [Act No. VII of 1960]
PROTECTION OF ANTIQUITIES.
25. (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 Governmment
may by notification in the 15Telangana Gazette, direc t 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 su b-section
(1) shall be in such form and contain such particulars as
may be prescribed.
(3) Any person aggriev ed by an order refusing
permission may appeal to the Government whose decision
shall he final.
26. (1) If the Government apprehend that any antiquity
mentioned in a notification issued under sub -section (1) of
section 25, is in danger of being destroyed, removed,
injured, m isused or allowed to fall into decay or are of
opinion that, by reason 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 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, such
antiquity shall vest in the Government with effect from the
date of the notice.
15. Substituted by G.O.Ms.No.45, Law (F ) Department, dated
01.06.2016.
Power of
Government to
control moving of
antiquities.
Purchase of
antiquities by
Government.
[Act No.VII of 1960] 17
(3) The power of compulsory purchase given by this
section shall not extend to any image or symbol actually
used for bonafide 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 of 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
sections 3, 5, 8 to 34, 45 to 47, 51 and 52 of 16the Land
Acquisition Act, 1894 (Central Act 1 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 a 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
16the Land Acquisition Act, 1894 (Central Act 1 of 1894), in
determining the market value of any antiqui ty in respect of
16. See now the provisions of Central Act 30 of 2013 wherein this Act
has been repealed.
Compensation
for loss or
damage.
Assessment of
market value or
compensation.
18 [Act No. VII of 1960]
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 antiqu ity by
reason of its being of historical or archaeological importance
shall not be taken into consideration.
MISCELLANEOUS.
29. The Government may, by notification in the
17Telangana Gazette direct that any powers conferred on
them by or under this Act shall, subject to such conditions
as may be specified in the direction, be exercisable also by
such officer or author ity 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 or der made under sub -section
(1) of section 9 or under sub-section (1) of section 10, or
(iii) remo ves from a protected monument any
sculpture, carving, image, bas -relief, inscription or other like
object, 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.
17. Substituted by G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
Delegation of
powers.
Penalties.
[Act No.VII of 1960] 19
(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 rupees; and the court convicting a person
of 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 magistrate of the first class
shall try any offence under this Act.
32. Notwithstanding any thing in the 18Code of Criminal
Procedure, 1898 (Central Act 5 of 1898) an offence under
clause (i) or clause (i i) of sub-section (1) of section 30 shall
be deemed to be a cognizable offence within the meaning
of that Code.
33. Notwithstanding anything in section 32 of the 18Code of
Criminal Procedure, 1898 (Central Act 5 of 1898) it shall be
lawful for any ma gistrate of the first class spe cially
empowered by the Government in this 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 are of opinion that it is no long er
necessary to protect a ny ancient and historical monument
or archaeological site and remains under the provisions of
18. See now the provisions of Code of Criminal Procedure, 1973
(Central Act No.2 of 1974)
Jurisdiction to try
offences.
Special provision
regarding fine.
Recovery of
amounts due to
the Government.
Ancient
monuments etc.,
no longer
requiring
protection.
Certain offences
to be
congnizable.
20 [Act No. VII of 1960]
this Act, it may, b y notification in the 19Telangana Gazette,
declare that the ancient and historical monument o r
archaeological site and remains, as the ca se 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 fr om
accidental slip or omission in the description of any ancient
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 corrected by the Government
by notification in the 19Telangana Gazette.
37. No suit for compen sation and no criminal proceed ing
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 in the
19Telangana Gazette, make ruIes to carry out the pur poses
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 prohibitio n or regulation by licensing or
otherwise of mining, quarrying, excavating, blasting or any
operation of a like nature ne ar a protected monument or the
construction of buildings on land adjoining such monument
and the removal of unauthorised buildings;
(b) the grant of licences and permissions to make
excavations for archaeological purposes in protected areas,
19. Subs tituted by G.O.Ms.No.45, Law (F ) Department, dated
01.06.2016.
Power to correct
mistakes, etc.,
Protection of
action taken
under the Act.
Power to make
rules.
[Act No.VII of 1960] 21
the authorities by whom, and the restrictions and conditions
subject to whic h, such licences may be granted , the taking
of securities from licensees and the fees that may be
charged for such licences;
(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 23;
(e) the form in which applications for perm ission
under section 19 or section 25 may be made and the
particulars which they should 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 o ther like
operations 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 made with reference to clause
(a) of s ub-section (2), with imprisonment which may extend
to three months, or with fine which may extend to five
thousand rupees, or with both;
22 [Act No. VII of 1960]
(ii) in the case of a rule made with reference to clause
(b) of sub -section (2), with fi ne 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) All rules made under this section shall, as soon as
may be after they are made, be laid on the Table of both the
Houses of the State Legislatur e for fourteen days and shall
be subject to such modification, whether by way of repeal or
amendment, as the State Legislatu re may make during the
session in which they are so laid.
39. (1) The Hyderaba d Ancient Monuments Preservation
Act (Hyderabad Act VIII of 1337 Fasli) is hereby repealed.
(2) The Ancient Monuments Preserva tion Act, 1904
(Central Act 7 of 1 904), shall cease to have effect in relation
to ancient and historical monuments and archaeological
sites and remains declared b y or under this Act to be
protected monuments or protected areas, except as
respects things done or omitted to be done before the
commencement of this Act.
* * *
Repeals.