The Tripura Archaeological Act 1997

 
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The Tripura Ancient Monuments and Archaeological Sites and Remains Act, 
1997 
 
Act 2 of 1997 
 
 
 
 
 
 
 
 
Keyword(s): 
Ancient Monument, Archaeological, Antiquity, Monument, Prohibited Area, 
Protected Area, State Archaeological Officer 
 
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Short title, 
extent & 
commencement 
Definitions. 
Tripura Act No. 2 of 1997 
THE TRIPURA ANCIENT MONUMENTS AND 
ARCHAEOLOGICAL SITES AND REMAINS ACT, 1997 
An 
Act 
for the preservation of ancient and historical monuments and archaeological 
sites and remains, for the excavation of archaeological sites and for the 
protection of antiquities in Tripura other than those declared by or under 
law made by the Parliament to be of national importance. 
Be it enacted by the Legislative Assembly of Tripura in the forty 
seventh year of the Republic of India as follows :-
CHAPTER I 
Preliminary 
1. ( 1) This Act may be called the Tripura Ancient Monuments and 
Archaeological Sites and Remains Act, 1997. 
(2) It extends to the whole of Tripura. 
(3) It shall come into force on such date as the State Govt. may, by 
notification in the Official 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 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 seventy five 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 or 
otherwise preserving such monument, and 
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Tripura Act N0. 2 of 1997
THE TRIPURA ANCIENT MONUMENTS AND
ARCHAEOLOGICAL SITES AND REMAINS ACT, 1997
An
Act
for thepreservationof ancientandhistoricalmonumentsandarchaeological
sites and remains, for the excavation of archaeological sites and for the
protection of antiquities in Tripura other than those declared by or under
law made by the Parliament to be of national importance.
Be it enacted by the Legislative Assembly of Tripura in the forty
seventhyearof the Republicof India asfollows :--
CHAPTER I
Preliminary
Short title, 1. (l) This Act may be called the Tripura Ancient Monuments and
°X“’"' 8* ArchaeologicalSitesandRemainsAct, 1997.colmnencement
(2) It extends to the whole of Tripura.
(3) It shall come into force on such date asthe StateGovt. may, by
notification in the Official Gazette, appoint.
D@fi"ili0nS- 2. In this Act, unlessthe context otherwise requires.
(a) ‘Ancient monument‘ means any structure, erection or
monument or any tumulus or place of interment, or any
cave,rock sculpture,inscription or monolith, which is of
historical,archaeologicalor artistic interest andwhich
hasbeenin existencefor not lessthanseventyfive years,
and includes...
(i) theremainsof anancientmonument.
(ii) thesiteof anancientmonument.
(iii) suchportionof land adjoining the siteof anancientor
otherwise preserving such monument, and
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(iv) the means of access to, and convenient inspection of, an 
ancient monument. 
(b) 'Archaeological site and remain' 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 seventy five 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, 
(c) Antiquity' includes ....... . 
(i) any coin , sculpture, manuscript, epigraph, or other work 
of art of craftsmanship. 
(ii) any mticle, object or thing illustrative of science, rut, literature, 
religion, customs, morals or politics in bygone ages. 
(iii) any article, object or thing of historical interest, and 
(iv) any article, object or thing declared by the State Govt. , by 
notification in the Official Gazette, to be an antiquity for 
the purposes of this Act, which has been in existence for 
not less than seventy five years. 
(d) 'Collector' means the Collector of a District. 
(e) 'Construction' means the construction of any structure and 
includes addition to or alternations of an existing building. 
(f) 'Land' includes a revenue-free estate and a permanent 
transferable tenure whether such an estate-tenure be subject 
to incumbrance s or not. 
(g) 'Maintain' with its Grammatical variations and cognate 
expressions include the fencing, covering in, repairing, 
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(iv)
(b)
(i)
(ii)
(C)
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d)
(6)
f)
(g)
ii)
the meansof accessto, and convenientinspectionof, an
ancient monument.
‘Archaeological site and remain’ means any area which
contains or is reasonably believed to contain ruins or
relicsof historicalor archaeologicalimportancewhichhave
been in existence for not lessthan seventy five years and
includes
suchportionof landadjoiningtheareaasmayberequired
for fencing or covering in or otherwise preserving it, and
themeansof accessto,andconvenientinspectionof,thearea,
Antiquity‘ includes........
any coin, sculpture, manuscript, epigraph, or other work
of art of craftsmanship.
anyarticle,objectorthingillustrativeof science,art,literature,
religion, customs, morals or politics in bygone ages.
anyarticle,objector thingof historicalinterest,and
any article, object or thing declaredby the StateGovt., by
notification in the Official Gazette,to be an antiquity for
the purposesof this Act, which has been in existence for
not lessthanseventyfive years.
'Collector'meanstheCollectorof a District.
‘Construction’ meansthe construction of any structure and
includes addition to or alternationsof an existing building.
‘Land’ includes a revenue-freeestateanda permanent
transferabletenurewhethersuchanestate-tenurebesubject
to incumbrances or not.
'Maintain‘ with its Grammatical variations and cognate
expressionsincludethefencing,coveringin, repairing,
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restoring, and cleaning of a protected monument, and the 
doingof 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 joint-owners and the success­
or-in-title of any such owner, and 
(ii) any management or trustee exerctsmg powers of 
management and the successor-in-office of any such 
management or trustee . 
(i) 'Prescribed' means prescribed by rules made under this Act. 
(j) 'Protected monument' means an ancient monument, 
archaeological sites or remain which may be declared to 
be of historical importance by or under this Act. 
(k) 'Prohibited area' means an area near or adjoining a 
protected monument which the State Government has, 
by notification in the official gazette, declared to be a 
prohibited area by or under this Act. 
(1) 'Protected area' means any archaeological site and remains 
which is declared to be of historical or archaeological 
importance by or under this Act. 
(m) 'State Archaeological Officer' means an Officer of the 
Department of Education of the Government of Tripura 
and includes any officer associated with works related to 
Archaeological Unit and Govt. Museum as may be 
authorised by the State Government to perform the 
duties of the State Archaeological officer. 
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restoring, and cleaning of a protected monument, and the
doingof any act which may be necessary for the purpose of
preserving a protected monument or of securing convenient
accessthereto.
(h) ‘Owner’ includes ...........
(i) ajoint owner invested with powers of managementon
behalf of himself andotherjoint-owners andthe success-
or-in-title of any such owner, and
j (ii) any managementor trustee exercising powers of
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management and the successor-in-office of any such
managementor trustee.
(i) ‘Prescribed’meansprescribedby rules madeunderthis Act.
(j) ‘Protected monument’ means an ancient monument,
archaeological sites or remain which may be declared to
be of historical importance by or under this Act.
(k) ‘Prohibited area‘ means an area near or adjoining a
protectedmonumentwhich theStateGovernmenthas.
by notification in the official gazette, declared to be a
prohibitedareaby or underthis Act.
j (1) 'Protectedarea‘meansanyarchaeologicalsiteandremains
which is declaredto beof historicalor archaeological
importance by or under this Act.
m) ‘StateArchaeological Officer‘ means an Officer of the
Departmentof Educationof theGovernmentof Tripura
andincludes any officer associatedwith works related to
Archaeological Unit and Govt. Museum as may be
authorisedby the State Government to perform the
duties of the State Archaeological officer.
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CHAPTER II 
Protected Monument 
3. (l) The State Government may, by notification in the Official 
Gazette, declare an ancient monument or archaeological site or remains 
to be a protected monument for historical importance within the meaning 
of this Act. 
(2) A copy of every notification published under sub-section (1) 
shall be fixed up in a conspicuous place on or near the monument together 
with an intimation that any objection to the issue of the notification received 
by the State Government within one month from the date when it is so 
fixed will be taken into consideration . 
(3) On the expiry of the said period of one month , the State 
Government, after considering the objections, if any, shall confirm or 
withdraw the notification. 
(4) A notification published under this Act shall, unless and until 
it is withdrawn , be conclusive evidence of the fact that the monument to 
which it is related is an ancient monument within the meaning of this Act. 
4. ( l) The State Archaeological Officer, with the sanction of the State 
Government , may purcha se, or take a lease of, or accept a gift or be-quest 
of any protected monument or archaeological site and remains. 
(2) When a protected monument or archaeological site and remains 
is without an owner, the State Archaeological Officer may, by notification 
in the official Gazette, assume the guardianship of the monument or 
archaeological site and remains . 
(3) The owner of any protected monument or archaeological site 
and remains may, by written instrum ent, constitut e the State Archaeological 
Officer the guardian of the monument or archaeological site and remains, 
and the State Archaeological Officer may, with the sanction of the State 
Government, accept such guardianship. 
(4) When the Stat e Arch aeological Officer has accepted the 
guardian ship of a monument under sub-section (3) the owner shall, except 
as expressly provided in this Act, have the same estate , right, title 
684 
Declaration 
of protected 
monument, 
Acquisition 
of right or 
guardianship 
over protected 
monument. 
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CHAPTER II
Protected Monument
3. (l) The StateGovernmentmay, by notification in the Official
Gazette, declare an ancient monument or archaeological site or remains
to be a protected monument for historical importance within the meaning
of this Act.
(2) A copy of every notification published under sub-section (1)
shall be fixed up in a conspicuous place on or nearthe monument together
with anintimation that any objection to theissueof the notification received
by the State Government within one month from the date when it is so
fixed will be taken into consideration.
(3) On the expiry of the said period of one month , the State
Government,after consideringthe objections,if any, shall confirm or
withdraw the notification.
(4) A notification publishedunderthis Act shall,unlessanduntil
it is withdrawn, be conclusive evidence of the fact that the monument to
whichit is relatedis anancientmonumentwithin themeaningof this Act.
4. (l) The StateArchaeological Officer, with the sanctionof the State
Government,maypurchase,or takea leaseof, or acceptagift or be-quest
of any protected monument or archaeological site and remains.
(2) Whenaprotectedmonumentorarchaeologicalsiteandremains
is without an owner, the StateArchaeological Officer may, by notification
in the official Gazette,assumethe guardianshipof the monumentor
archaeological site and remains.
(3) The owner of any protected monument or archaeological site
andremainsmay, by written instrument,constitutethe StateArchaeological
Officer theguardianof the monumentor archaeologicalsiteandremains,
and the State Archaeological Officer may, with the sanction of the State
Government,acceptsuchguardianship.
(4) When the State Archaeological Officer has accepted the
guardianshipof a monumentundersub-section(3) theownershall,except
asexpresslyprovidedin this Act, havethesameestate,right, title
684
Declaration
of protected
monument,
Acquisition
of right or
guardianship
over protected
monument.
Agreement for 
preservation 
of ancient 
monwnent 
and interest to and in the monument or archaeological site and remains as 
if the State Archaeological Officer had not been constituted guardian thereof. 
(5) When the StateArchaeological Officer has accepted the 
guardianship of a monument site and remains under sub-section (3), the 
provisions of this Act relating to agreements executed under Section 5 
shall apply to the instrument executed under the said sub-section. 
5. (l) The Collector, when so directed by the State Govt. , shall propose 
to the owner of a protected monument or archaeological site and remains 
to enter into an agreement with the State Government, within a specified 
period for the maintenance of the monument or archaeological site and 
remains in his district 
(2) An agreement under this Section may, provide for all or any of 
the following matters namely : 
(a) the maintenance of the monument or archaeological 
site and remains ; 
(b) the custody of the monument or archaeological site and 
remains and the duties of any person who may be 
employed to watch it; 
(c) the restriction of the owner 's rights-
(i) to use monument for any purpose, 
(ii) to charge any fee for entry into, or inspection of the 
monument or archaeological site and remains, 
(iii) to destroy, remove, alter or deface the monument or 
archaeological site remains, 
(iv) to build on or near the site of the monument _or 
archaeological site and remains , 
(d) the facilities of access to be permitted to the public or 
any section thereof or to the State Archaeological 
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Agreementfor
preservation
of ancient
monument
andinterestto andin themonumentor archaeologicalsiteandremainsas
if theStateArchaeologicalOfficerhadnotbeenconstitutedguardianthereof.
(5) When the StateArchaeological Officer has accepted the
guardianship of a monument site and remains under sub-section (3), the
provisions of this Act relating to agreements executed under Section 5
shall apply to the instrument executed under the said sub-section.
5. (l) The Collector,whensodirectedby the StateGovt., shall propose
to theownerof a protectedmonumentor archaeologicalsite andremains
to enter into an agreementwith the State Government, within a specified
period for the maintenance of the monument or archaeological site and
remainsin his district
(2) An agreementunderthisSectionmay,providefor all or anyof
thefollowing mattersnamely:
(a) the maintenanceof the monumentor archaeological
site and remains ;
(b) the custody of the monument or archaeological site and
remains and the duties of any person who may be
employed to watch it ;
(c) therestrictionof theowner‘srights—
(i) to usemonument for any purpose,
(ii) to chargeany fee for entry into, or inspectionof the
monument or archaeological site and remains,
(iii) to destroy,remove,alter or defacethe monumentor
archaeological site remains,
(iv) to build on or near the site of the monument_or
archaeologicalsiteandremains.
(d) the facilities of access to be permitted to the public or
any section thereof or to the State Archaeological
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Officer or to persons deputed by the owner or the State 
Archaeological Officer or the Collector to inspect or maintain 
the monument or archaeological site and remains ; 
(e) the notice to be given to the State Government in case 
the land on which the monument or archaeological site 
and remains is situated or any adjoining land is offered 
for sale by the owner and the right to be reserved to the 
State Government to purchase such land, or any specified 
portion of such land : 
(f) the payment of any expenses incurred by the owner or by 
the State Government in connection with the maintenance 
of the monument or archaeological site and remains ; 
(g) the proprietary or other rights which are to vest in the State 
Government in respect of the monument or archaeological 
site and remains when any expenses are incurred by the 
State Government in connection with the maintenance 
of the monument or archaeological site and remains ; 
(h) the appointment of an authority to decide any dispute 
arising out of the agreement ; and 
(i) any matter connected with the preservation of the monument 
or archaeological site and remains which is a proper 
subject of agreement between the owner and the State 
Government. 
(3) The State 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 month's notice in writing to the other 
party. 
Provided that where the agreement is terminated by the owner, he 
shall pay to the State Government the expenses, if any, incurred by it on the 
maintenance of the monument or archaeological site and remains, 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. 
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Officer or to persons deputed by the owner or the State
ArchaeologicalOfficer or theCollectorto inspector maintain
themonumentor archaeologicalsiteandremains;
(e) the notice to be given to the StateGovernment in case
the landon which the monumentor archaeologicalsite
and remains is situated or any adjoining land is offered
for sale by the owner and the right to be reservedto the
StateGovemmentto purchasesuchland,or anyspecified
portion of suchland ;
(t) thepaymentof anyexpensesincurredby theowneror by
theStateGovernmentin connectionwith themaintenance
of the monumentor archaeologicalsiteandremains;
(g) theproprietaryor otherrightswhichareto vestin theState
Governmentin respectof themonumentor archaeological
site and remains when any expensesare incurred by the
StateGovernmentin connectionwith the maintenance
of the monumentor archaeologicalsiteandremains;
(h) the appointment of an authority to decide any dispute
arisingout of theagreement; and
(i) any matterconnectedwiththepreservationof themonument
or archaeological site and remains which is a proper
subjectof agreementbetweenthe owner and the State
Government.
(3) The StateGovernmentor theownermay at any time after the
expirationof threeyearsfrom thedateof executionof anagreementunder
this Sectionterminateit on giving six month'snoticein writing to theother
patty.
Providedthat where the agreementis terminatedby the owner, he
shallpayto theStateGovernmenttheexpenses,if any,incurredby it on the
maintenance of the monument or archaeological site and remains, during
the five years immediately preceding the termination of the agreementor, if
the agreementhas been in force for a shorter period, during the period the
agreementwasin force.
686
Legally 
competent 
person to act 
on behalf of 
person under 
disability. 
Suit for 
proper appli­
cation of the 
maintenance 
of monwnent. 
Failure to 
enter into 
agreement. 
( 4) Any agreement under this Section shall be binding on any person 
claiming to be the owner of the monument or archaeological site and 
remains, to which it relates, from, through or under a party by whom or on 
whose behalf the agreement was executed. 
6. (1) If the owner of a protected monument or archaeological site and 
remains is unable, by reason of infancy 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. 
(2) In the case of village property, the head man or other village 
officers exercising powers of management over such property may exercise 
the powers confen·ed upon an owner by Section 5. 
(3) Nothing in the 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 or 
archaeological.site and remains which or any part of which is periodically 
used for religious worship or observations of that religion. 
7. (I) If any owner other person competent to enter into an agreement 
under Section 5 for the maintenance of a protected monument or archaeological 
site and remains, refuses or fails to enter such an agreement, and if any 
endowment has been created for the purpose of keeping such monument or 
archaeological site and remains in repair the State Govt. may institute a suit 
in the court of the District Judge for the proper application of such endowment 
or part thereof. 
(2) On the hearing of an application under sub-section (I), the District 
Jundge 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 b~ 
executed as if it were a decree of the civil court. 
8. ( 1) If any owner or other person competent to enter into an agreement 
under Section 5 for the maintenance of a protected monument or archaelogical 
site and remains refuses or fails to enter into such an agreement, the State 
Government may make an order providing for all or any of the matters specified 
in sub-section (2) of Section (5) and such order shall be bindin g on the owne r 
or such other person and on every person claiming title to the monument or 
archaeological site and remains from, through or under, the owner or such 
other person. · 
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Legally
competent
person to act
on behalf of
personunder
disability.
Suit for
proper appli-
cation of the
maintenance
of monument.
Failure to
enter into
agreement.
(4) Any agreementunder this Section shall be binding on any person
claiming to be the owner of the monument or archaeological site and
remains,to which it relates,from, throughor undera party by whom or on
whose behalf the agreementwas executed.
6. (1) If the owner of a protected monument or archaeological site and
remains is unable, by reasonofinfancy 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.
(2) In the case of village property, the head man or other village
officers exercising powers of managementover such property may exercise
the powers conferred upon an owner by Section 5.
(3) Nothing in the Section shall be deemedto empower any person
not beingof thesamereligion asthepersonon whosebehalfhe is actingto
make or execute an agreement relating to a protected monument or
archaeologicalsite and remains which or any part of which is periodically
usedfor religiousworshipor observationsof thatreligion.
7. ( l) If anyownerotherpersoncompetentto enterinto anagreement
underSection5 for themaintenanceof a protectedmonumentor archaeological
site and remains, refuses or fails to enter such an agreement, and if any
endowmenthasbeencreatedfor thepurposeof keepingsuchmonumentor
archaeologicalsiteandremainsin repairtheStateGovt. mayinstitutea suit
in the court of the District Judgefor theproper application of suchendowment
or partthereof.
(2) On the hearingof an applicationunder sub-section(l), the District
Jundge may summon _andexamine the owner and any person whose
evidence appearsto him necessaryand may pass an order for the proper
application of the endowment or any part thereof, and any suchorder may be
executed as if it were a decreeof the civil court.
8. (1) If any owner or other personcompetentto enterinto an agreement
under Section5 for the maintenanceof aprotectedmonumentor archaelogical
site andremainsrefusesor fails to enterinto suchan agreement,the State
Govemmentmaymakeanorderprovidingfor all oranyof themattersspecified
in sub-section(2) of Section (5) and suchorder shall be binding on the owner
or such other person and on every personclaiming title to the monument or
archaeological site and remains from, through or under, the owner or such
other person. 3
687
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(2) Where an order made under sub-section ( l) provides that the 
monument or archaeological site and remains shall be maintained by the 
owner or other person competent to enter into agreement, all reasonable 
expenses for the maintenance of the monument or archaeological site and 
remains shall be payable by the State 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. 
9. (1) Jf the State Archaeological Officer apprehends that the owner Power to prohibit 
or occupier of a protected monument or archaeological site and remains contravention of 
intends to destroy, remove, alter, deface, imperil or use the monument or agreement. 
archaeological site and remains or to build on or near the site thereof in 
contravention of the term s of an agreement under Section 5, the State 
Archaeological Officer 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 case where the 
State Archaeological officer , for reasons to be recorded, is satisfied that it is 
not expedient or practicable to do so. 
(2) Any person aggrieved by an order under'this Section may 
appeal to the State Government within such time and in such manner as 
may be prescrib ed and the decision of the State Govt. shall be final. 
10. ( 1) If any owner or other person who is bound by an agreement for Enforcement of 
the maintenance of a monument or archaeological site and remains under agreement, 
Section 5, refuses or fails within such reasonable time as the State Archaeo-
logical Officer may fix, to do any act which in the opinion of the State 
Archaeological Officer is necessary for the maintenance of the monument 
or archaeological site and remains , the State Archaeological Offi cer 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 
expense s 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 und er sub-section ( 1) it shall be referr ed to the 
State Government whose decision shall be final. 
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(2) Wherean order madeundersub-section(l) providesthat the
monument or archaeological site and remains shall be maintained by the
owneror other personcompetentto enterinto agreement,all reasonable
expensesfor the maintenance of the monument or archaeological site and
remains shall be payable by the State Government.
(3) No order under sub-section (l) shall be madeunless the owner
or other personhasbeengiven an opportunity of making a representationin
writing against the proposed order.
9. (1) If the State Archaeological Officer apprehendsthat the owner
or occupier of a protected monument or archaeological site and remains
intendsto destroy,remove,alter,deface,imperil or usethe monumentor
archaeological site and remains or to build on or near the site thereof in
contravention of the terms of an agreement under Section S, the State
ArchaeologicalOfficer may,after giving theowneror occupieranopportunity
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 case where the
StateArchaeological officer, for reasonsto berecorded,is satisfied that it is
not expedient or practicable to do so.
(2) Any person aggrieved by an order under'this Section may
appeal to the State Government within such time and in such manner as
may be prescribed and the decision of the StateGovt. shall be final.
10. (l) If any owner or other person who is bound by an agreementfor
the maintenance of a monument or archaeological site and remains under
Section 5, refusesor fails within such reasonabletime asthe StateArchaeo-
logical Officer may fix, to do any act which in the opinion of the State
Archaeological Officer is necessaryfor the maintenanceof the monument
or archaeological site and remains, the State Archaeological Officer may
authorise any personto do any suchact, andthe owner or other person shall
be liable to pay the expensesof doing any such act or such portion of the
expensesas the owner may be liable to pay under the agreement.
(2) If anydisputearisesregardingtheamountof expensespayable
by theowneror otherpersonunder sub-section(1)it shallbereferredto the
StateGovernment whose decision shall be final.
1 688
Powerto prohibit
contravention of
agreement.
Enforcement of
agreement,
.. · .. : 
11. 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 or 
archaeological site and remains 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 title to a monument or archaeological site and 
remains from , through or under an owner who executed such an instrument 
shall be bound by such an instrument. 
12. If the State Government apprehends that a protected monument or 
archa eo logical site and remains in a danger of being destroyed, injured , 
misused, or allowed to fall into decay, it may acquire the protected monument 
or archaeological site and remains under the provisions of the Land Acqui­
sition Act, 1894 (Act 1 of 1894) as the maintenance of the protected 
monument or archaeological site and remains were a public purpose within 
the meaning of that Act. 
13. (1) The State Government shall maintain every monument or 
archaeological site and remains 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 State Archaeological Officer has assumed the guardi­
anship of a monument or archaeological site and remains under Section 4, 
he shall, for the purpose of maintaining such monument or archaeological 
site and remains have access to the monument or archaeological site and 
remains at all reasonable times, by himse lf and by his agents , subordin ates 
and workmen, for the purpose of inspecting the monument, or archaeolo gical 
site and remains and for the purpose of bringing such materials and doing 
such acts as he may consider necessary or desirable for the maintenance 
thereof. 
CHAPTER III 
Voluntary Contributions 
Persons claiming 
under owner to 
be bound by 
agreement. 
Acquisition 
of protected 
monument. 
Maintenance 
of protected 
monwnent 
14. The State Archaeological Office r may receive voluntary contributions Voluntary 
towards the cost of maintaining a protected monument or archaeological contribution 
site and rema ins and may give orders as to the management and applica tion for maintenance 
f t. d · db h" of protected o any un s so rece ive y 1m. monument. 
689 
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E
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4
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ll. Every person who purchasesat a sale, for arrearsof land revenue or
any other public demand,any land on which is situateda monumentor
archaeologicalsiteandremainsin respectof whichanyinstrumenthasbeen
executedby the owner for the time being under Section 4 or Section 5 and
every person claiming title to a monument or archaeological site and
remainsfrom, through or under an owner who executedsuchan instrument
shall be bound by such an instrument.
12. lf the State Government apprehendsthat a protected monument or
archaeological site and remains in a danger of being destroyed, injured,
misused,or allowedto fall intodecay,it mayacquiretheprotectedmonument
or archaeologicalsiteandremainsundertheprovisionsof theLandAcqui-
sition Act, l894 (Act l of 1894) as the maintenance of the protected
monument or archaeological site andremains were a public purposewithin
the meaning of that Act.
l3. (l) The State Government shall maintain every monument or
archaeological site and remains which hasbeen acquired under Section l2
or in respect of which any of the rights mentioned in Section 4 have been
acquired.
(2) When the StateArchaeological Officer hasassumedthe guardi-
anship of a monument or archaeological site and remains under Section 4,
he shall, for the purpose of maintaining such monument or archaeological
site and remains have accessto the monument or archaeological site and
remains at all reasonabletimes, by himself and by his agents,subordinates
andworkmen, for thepurposeof inspectingthe monument,or archaeological
site and remains and for the purpose of bringing such materials and doing
such acts as he may consider necessaryor desirable for the maintenance
thereof.
CHAPTER III
Voluntary Contributions
l4. TheStateArchaeologicalOfficer mayreceivevoluntarycontributions
towards the cost of maintaining a protected monument or archaeological
site andremains and may give orders asto the managementand application
of any funds so received by him.
689
Personsclaiming
under owner to
be bound by
agreement.
Acquisition
of protected
monument.
Maintenance
of protected
monument
Voluntary
contribution
for maintenance
of protected
monument.
... ·· .~i 
.. ;I 
i 
·I 
._j 
... ' :1 
~- ' :· l 
.. j 
'I 
1 
.... :1 
.. I 
. I 
'.'i 
:.J 
Protection of 
place of worship 
from pollution, 
misuse, dese­
cration etc. 
Provided that no contribution received under this Section shall be 
applied to any purpose other than the purpose for which it was contributed. 
15. (l) A protected monument or archaeological site and remain s 
maintained by the State Government which is a place of worship or shrine 
shall not be used for any purpose inconsistent with its character. 
(2) Where the State Government has acquired a protected monument 
or archaeological site and remains under Section 12 or where the State 
Archaeological Officer has purchased or taken a lease of protected monument 
or archaeological site and remains under section 5, and such monument or 
archaeological site and remains, or any part thereof is used for religious 
worship or observances by any community, the Collector shall make due 
provision for the protection of such monument or archaeological site and 
remains or part thereof from pollution or desecration-
(i) by prohibiting entry therein, except, in accordance with the 
conditions prescribed with the concurrence of persons if 
any, in religious charge of the said monument, or archaeo­
logical site and remains , or part thereof, of any person not 
entitled to enter by the religious usages of the community 
by which the monum ent or archaeological site and remains 
or part thereof is used ; or 
(ii) by taking such other action as he may think necessary in 
this behalf. 
Relinquishment 16. With the sanction of the State Government the State Archa eological 
of rights. Officer may : 
(a) where rights have been acquired by the State Gov ernment 
in respect of any manument or arch aeo logical site and 
remains under this Act by virtue of any sale, lea se, gift or 
will, relinquish by notification, in the Offici al Gazette, the 
rights so acquired to the person who would for the time 
being be the owner of the monument or archaeological 
site and remains if such rights had not b een acqui red ; or 
(b) relinquish any guardianship of a monument or arch aeo­
logical site and remains which he has assumed under this 
Act. 
699 
4
4
4
4
4I
i
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4
.
Ii44
44
J44
4
4
4
Protection of
placeof worship
from pollution,
misuse, dese-
cration etc.
Provided that no contribution received under this Section shall be
applied to any purposeother than the purpose for which it was contributed.
15. (1) A protected monument or archaeological site and remains
maintainedby the StateGovernmentwhich is a placeof worshipor shrine
shall not be used for any purpose inconsistent with its character.
(2) WheretheStateGovernmenthasacquiredaprotectedmonument
or archaeological site and remains under Section l2 or where the State
ArchaeologicalOfficerhaspurchasedortakenaleaseof protectedmonument
or archaeological site and remains under section 5, and such monument or
archaeologicalsite and remains,or any part thereofis usedfor religious
worshipor observancesby any community,the Collector shall makedue
provision for the protection of such monument or archaeological site and
remains or part thereof from pollution or desecration—
(i) byprohibitingentrytherein,except,in accordancewith the
conditions prescribed with th e concurrence of persons if
any,in religiouschargeof thesaidmonument,or archaeo-
logical site and remains,or part thereof, of any personnot
entitled to enter by the religious usagesof the community
by which the monumentor archaeologicalsite andremains
or partthereofis used; or
(ii) by taking such other action as he may think necessaryin
this behalf.
Relinquishment16. With the sanctionof the StateGovernmentthe StateArchaeological
of rights. Officer may :
(a) where rights have beenacquired by the StateGovernment
in respect of any manument or archaeological site and
remains under this Act by virtue of any sale,lease,gift or
will, relinquish by notification, in the Official Gazette,the
rights so acquiredto thepersonwho would for thetime
being be the owner of the monument or archaeological
site and remains if such rights had not been acquired ; or
(b) relinquish any guardianship of amonument or archaeo-
logical siteandremainswhich hehasassumedunderthis
Act.
690
-.i 
·: 'j' . • 
·''·-:·. 
·::] 
.·.•.{ 
· I 
17. Subject to the rules made under this Act, the public shall have right of Right of access 
I . l . d · to protected access to any protected monument or archaeo ogtca stte an remams. 
18. An owner or occupier of land who has sustained any loss or damage 
by reason of an entry on such land or the exercise of any other power con­
ferred by this Act, shall be paid compensation by the State Government for 
such loss or damage . 
19. The market value of any property which the State Government is 
empowere d to purchase at such value under this Act, or the compensation 
to be paid by the State Govt. in respect of anything done under this Act, 
shall, where any dispute arises in respect of such market value or compen­
sation, be ascertained in the man.ner provided in the Land Acquisition Act, 
1894 (Act 1 of 1894) so far as the provision thereof can be made applicable. 
Provided that when making an enquiry under the Land Acquisition 
Act, the Collector shall be assisted by two assessors, one of whom shall be 
a competent person nominated by the owner, or in case the owner fails to 
nominate any assessor within such reasonable time as may be fixed by the 
Collector in this behalf, by the Collector. 
CHAPTER IV 
Archaeological Excavations. 
20. The State Archaeolo gical Officer or an officer authorised by him in 
this behalf under this Act may, after giving notice in writing to the Collector 
and owner, enter upon and make excava tions in any protected area. 
21. Where the State Archaeological Officer has reason to believe that 
any area, not being a protected area, contains remains or ruins or relics of 
historical or archaeological importance, he or an officer authorised by him 
in this behalf may, after giving notic e in writing of the Collector and the 
owner, enter upon and make excavation in the area. 
22. ( 1) Where, as a result of any excavation made in any area under 
Section 20 or Section 21, any antiquities are discovered, the State Archaeo­
logical officer shall-
(i) as soon as practicable, exami ne such antiq uiti es and 
submit a report to the State Government in such manner 
and containing such particulars as may be prescribed; and 
691 
monument. 
Principles of 
compensation. 
Assessment of 
market value 
for compensa­
tion. 
Excavation in 
protected areas. 
Excavation in 
other areas. 
Compulsory 
purchase of 
antiquities. 
l
I
4
4
4
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4l4
44
4
4
l
4
4
4
44
I
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l7. Subjectto therulesmadeunderthisAct, thepublicshallhaveright of
accessto any protected monument or archaeological site and remains.
18. An owner or occupier of land who hassustainedany loss or damage
by reasonof an entry on such land or the exercise of any other power con-
ferred by this Act, shall be paid compensationby the StateGovernment for
such loss or damage. '
19. The market value of any property which the State Government is
empoweredto purchaseat suchvalueunderthis Act, or thecompensation
to be paid by the State Govt. in respect of anything done under this Act,
shall, where any dispute arisesin respectof such market value or compen-
sation, be ascertainedin the manner provided in the Land Acquisition Act,
1894(Act 1of 1894)so far asthe provision thereof can be madeapplicable.
Provided that when making an enquiry under the Land Acquisition
Act, the Collector shall be assistedby two assessors,one of whom shall be
a competentpersonnominatedby theowner,or in casethe ownerfails to
nominate any assessorwithin such reasonabletime as may be fixed by the
Collector in this behalf, by the Collector.
CHAPTER IV
Archaeological Excavations.
20. The State Archaeological Officer or an officer authorised by him in
this behalf underthis Act may, after giving notice in writing to the Collector
and owner, enter upon and make excavations in any protected area.
21. Where the State Archaeological Officer has reason to believe that
any area,not being a protected area,contains remains or ruins or relics of
historical or archaeological importance, he or an officer authorised by him
in this behalf may, after giving notice in writing of the Collector and the
owner,, enter upon and make excavation in the area.
22. (1) Where, as a result of any excavation made in any area under
Section20or Section21,anyantiquitiesarediscovered,theStateArchaeo-
logical officer shall--—
(i) as soon as practicable, examine such antiquities and
submit a report to the StateGovernmentin suchmanner
andcontaining suchparticulars asmay beprescribed; and
691
Right of access
to protected
monument.
Principles of
compensation.
Assessment of
market value
for compensa-
tion.
Excavation in
protectedareas.
Excavation in
other areas.
C 0m p u I sor y
purchase of
antiquities.
(ii) at the conclusion of the excavation operations, give 
notice in writing to the owner of land from which such 
antiquities have been discovered, of the nature of such 
antiquities. 
(2) Until an order for the compulsory purchase of any such antiquities 
is made under sub-section (3

Excerpt shown. Open the full act in Lexace.

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