The U.P. Ancient and Historical Monuments and Archaeological Sites and Remains Preservation Act, 1956

103
mRrj izns’k izkphu ,oa ,sfrgkfld Lekjdksa rFkk
iqjkrRoh; LFkkuksa vkSj vo’ks"kksa dk ifjj{k.k
vf/kfu;e] 1956
¼m0 iz0 vf/kfu;e la0 7] lu~ 1957½
THE U.P. ANCIENT AND HISTORICAL MONUMENTS
AND ARCHAEOLOGICAL SITES AND REMAINS
PRESERVATION ACT, 1956
(U.P. Act No. VII of 1957)
105
mÙkj izns'k izkphu ,oa ,sfrgkfld Lekjdksa rFkk iqjkrRoh; LFkkuksa
vkSj vo'ks"kksa dk ifjj{k.k vf/kfu;e] 19561
¼m0 iz0 vf/kfu;e la[;k 7] 1957½
[mÙkj izns”k fo/kku ifj’kn us fnukad 8 vxLr] 1956 bZ0 rFkk mÙkj izns”k
fo/kku lHkk esa fnukad 4 flrEcj] 1956 bZ0 dh cSBd esa Lohd`r fd;kA
Hkkjr lafo/kku ds vuqPNsn 201 ds vUrxZr jk"Vªifr us fnukad 12 tuojh]
1957 bZå dks Loh—fr iznku dh rFkk mÙkj izns'kh; ljdkjh vlk/kkj.k xtV esa fnukad
19 tuojh] 1957 bZå dks izdkf'kr gqvkA ]
mÙkj izns”k esa] laln~ }kjk fcf/kr% jk’Vªh; egRo ds ?kksf’kr izkphu ,oa ,sfrgkfld
Lekjdksa rFkk iqjkrRoh; LFkkuksa vkSj vo”ks’kksa ls fHké ,sls Lekjdksa] LFkkuksa vkSj vo”ks’kksa ds
ifjj{k.k rFkk laj{k.k (preservation and protection) dh O;oLFkk djus dk
vf/kfu;e
;g b’Vdj gS fd mÙkj izns”k esa] ,s”ksaV ,sM fgLVkfjdy ekuwesUVl ,asM
vkD;kZsZykftdy lkbV~l ,saM fjesUl ¼fMDysjs”ku vkQ us”kuy bEikVsZUl½ ,DV] 1951 }kjk
jk’Vªh; egRo ds ?kksf’kr izkphu ,oa ,sfrgkfld] Lekjdksa rFkk iqjkrRoh; LFkkukas vkSj
vo”ks’kksa ls fHkUu ,sls Lekjdksa LFkkuksa vkSj vo”ks’kksa ds ifjj{k.k rFkk laj{k.k dh rFkk vU;
lac) fo’k;ksa dh O;oLFkk dh tk; (
vr,oa Hkkjrh; x.krU= ds lkrosa o’kZ esa fuEufyf[kr vf/kfu;e cuk;k tkrk gS %&
1–¼1½ ;g vf/kfu;e mÙkj izns”k izkphu ,oa ,sfrgkfld Lekjdksa rFkk iqjkrRoh;
LFkkuksa vkSj vo”ks’kksa dk ifjj{k.k vf/kfu;e] 1956 dgyk;sxkA
¼2½ bldk izlkj leLr mÙkj izns”k esa gksxkA
¼3½ ;g rqjUr izo`Ùk gksxkA
laf{kIr 'kh"kZuke]
izlkj vkSj izkjEHk
2–fo’k; ;k izlax esa dksbZ ckr izfrdwy u gksus ij bl vf/kfu;e esa izkphu ;k
,sfrgkfld Lekjdkas ;k iqjkrRoh; LFkkuksa ;k vo”ks’kksa ds fdlh Hkh funsZ”k (re-enacted)
ls rkRi;Z gS ,s”ksUV ,saM fgLVkfjdy ekuqesUVl ,saM vkD;ksZykWftdy lkbV~l ,saM fjesUl
¼fMDysjs”ku vkQ us”kuy bEikVsZUl½ ,sDVl] 1951 }kjk jk’Vªh; egRo ds ?kksf’kr izkphu
;k ,sfrgkfld Lekjd ;k iqjkrRoh; LFkku ;k vo”ks’kksa ls fHkUu ,sls Lekjd] LFkku ;k
vo”ks’kA
ifjHkk"kk,a
3–,s”ksaV ekuqesaV~l fiztosZ”ku ,sDV] 1904 ds micU/k] tSls fd os vuqlwph 1 esa
mu ifj’dkjkas lfgr fufnZ’V gS tks vuqlwph 2 esa mfYyf[kr gS] ,rn~}kjk iqu%
(re-ancted) vf/kfu;fer fd;s tkrs gS vkSj os mÙkj izns”k ds izkphu vkSj ,sfrgkfld
Lekjdksa vkSj iqjkrRoh; LFkkuksa vkSj vo”ks’kksa ij ykxw gksaxs vkSj ges”kk ls ykxw gq, le>s
tk;sxsA
izkphu ,oa
,sfrgkfld Lekjdksa
rFkk iqjkrRoh;
LFkkuksa vkSj vo”ks’kksa
ds lEcU/k esa ,DV
la[;k 7] 1904 bZ0
dk iqu% vf/kfu;eu
vkSj mldk ykxw
gksuk
4–,s”ksaV ekuwesaV~l fiztosa”ku ,sDV] 1904 ds v/khu fd;k x;k vFkok fd;k gqvk
le>k x;k dksbZ dk;Z] ftlds vUrxZr dh x;h ;k dh gqbZ le>h x;h ;k tkjh dh
x;h ;k tkjh gq;h le>h x;h dksbZ ?kks’k.kk] fu;qfDr] foKfIr] vkKk] vuqns”k] vkns”k]
;kstuk] fu;e] fofu;e] vkdkj&i= ;k izek.k&i= tgka rd og bl vf/kfu;e }kjk
iqu% vf/kfu;fer rFkk ifj’d`r mDr vf/kfu;e ds micU/kksa ls vlaxr u gks] izo`Ùk cus
jgsaxs vkSj bl izdkj iqu% vf/kfu;fer mica/kksa ds v/khu fd;s x;s ;k izpkfjr fd;s x;s
le>s tk;saxs] tc rd fd vU;Fkk vkns”k u gksa vFkok os bl izdkj iqu% vf/kfu;fer
micU/kksa ds v/khu dh x;h fdlh ckr vFkok fd;s x;s fdlh dk;Z ls vf/kdkar u gksaA
,sDV 7] 1904 ds
v/khu tkjh dh
x;h fofKfIr;ksa
rFkk vkKkvksa vkfn
dk cuk jguk
——————————————————————————————————————————
1- mís”;ksa vkSj dkj.kksa ds fooj.k ds fy;s fnukad 7 ebZ] 1956 bZ0 dk ljdkjh vlk/kkj.k xtV nsf[k;sA
Schedule 1 [The Ancient Monuments Preservation Act, 1904]
107
(6) “owner” includes a joint owner invested with powers of
management on behalf of himself and other joint owners, and any
manager or trustee exercising powers of management over an ancient
monument, and the successor in title of any such owner and the
successor in office of any such manager or trustee :
Provided that nothing in this Act shall be deemed to extend the
Powers which may lawfully be exercised by such manager or trustee.
3.(1) The Central Government may, by notification in the
official Gazette, declare an ancient monument to be a protected
monument 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 objections to the issue of the
notification received by the Central Government within one month
from the date when it is so fixed up will be taken into consideration.
(3) On the expiry of the said period of one month the Central
Government, after considering the objections, if any, shall confirm or
withdraw the notification.
(4) A notification published under this section shall, unless and
until it is withdrawn be conclusive evidence of the fact that monument
to which it relates is an ancient monument within the meaning of this
Act.
4.(1) The Collector, with the sanction of the Central
Government, may purchase or take lease of any protected monument.
(2) The Collector, with the like sanction, may accept a gift or
bequest of any protected monument.
(3) The owner of any protected monument may, by written
instrument, constitute the Commissioner the guardian of the
monument, and the Commissioner may, with sanction of the Central
Government, accept such guardianship.
(4) When the Commissioner 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 Commissioner had not been constituted
guardian thereof.
(5) When the Commissioner has accepted the guardianship of a
monument under sub-section (3) the provisions of this Act relating to
agreements executed under section 3 shall apply to the written
instrument executed under the said sub-section.
(6) Where a protected monument is without an owner, the
Commissioner may assume the guardianship of the monument.
5.(1) The Collector may, with the previous sanction of the
Central Government, propose to the owner to enter into an agreement
with the Central Government for the preservation of any protected
monument in his district.
(2) An agreement under this section may provide for the
following matters, or for such of them as it may be found expedient to
include in the agreement:
(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 ;
Protected
monuments
Acquisition of
rights in or
guardianship of
an ancient
monument
Preservation of
ancient
monument by
agreement
Schedule I [The Ancient Monuments Preservation Act, 1904]
109
(3) Nothing in this section shall be deemed to empower any
person not being of the same religion as the persons 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.(1) The Collector apprehends that the owner or occupier of a
monument intends to destroy, remove, alter, deface, or imperil the
monument or to build on or near the site thereof in contravention of
the terms of an agreement for its preservation under section 5, the
Collector may make an order prohibiting any such contravention of the
agreement.
(2) If an owner or other person who is bound by an agreement
for the preservation or maintenance of a monument under section 5
refuses to do any act which is in the opinion of the Collector necessary
to such preservation or maintenance, or neglects to do any such act
within such reasonable time as may be fixed by the Collector, the
Collector may authorize any person to do any such act,and the
expense of doing any such act or such or such portion of the expense
as the owner may be liable to pay under the agreement may be
recovered from the owner as if it were an arrear of land revenue.
(3) A person aggrieved by an order made under this section may
appeal to the Commissioner, who may cancel or modify it and whose
decision shall be final.
Enforcement of
agreement
8.Every person who purchases, at a sale for arrears of land-
revenue or any other public demand, or at a sale made under the
Bengali Patni Taluks Regulation, 1819 (Ben. Reg. VIII of 1819) an
estate or tenure in which is situated & 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.
Purchasers at
certain sales
and persons
claiming
through owner
bound by
instrument
executed by
owner
9.(1) If any owner or other person competent to enter into an
agreement under section 5 for the preservation of a protected
monument, refuses or fails to enter into such an agreement when
proposed to him by the Collector, and if any endowment has been
created for purpose of keeping such monument in repair, or for that
purpose among others, the Collector may institute a suit in the Court
of the District Judge, or, if the estimated cost of repairing the
monument does not exceed one thousand rupees, may make an
application to the District Judge for the proper application of 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 of any part thereof, and
any such order may be executed as if it were the decree of a Civil
Court.
Application of
endowment for
repair of an
ancient
monument
Schedule I [The Ancient Monuments Preservation Act, 1904]
111
12.The Commissioner may receive voluntary contributions
towards the cost of maintaining a protected monument and may give
orders as to the management and application of any funds 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.
Voluntary
contributions
13.(1) A place of worship or shrine maintained by the
Government under this Act shall not be used for any purpose
inconsistent with its character.
Protection of
place of
worship from
misuse,
pollution or
desecration
(2) Where the Collector has, under section 4, purchased or
taken a lease of any protected monument, or has accepted a gift or
bequest, or the Commissioner has, under the same section, accepted
the guardianship thereof, and such monument, or any part thereof, is
periodically used for religious worship or observances by any
community, the Collector shall make due provision for the protection
of such monument, or such part thereof, from pollution or
desecration—
(a) by prohibiting the entry therein, except in accordance
with conditions prescribed with the concurrence of the persons
in religious charge of the said monument or part thereof, of any
person not entitled so to enter by the religious usages of the
community by which the monument or part thereof is used, or
(b) by taking such other action as he may think necessary
in this behalf.
14.With the sanction of the Central Government, the
Commissioner may—
(a) where rights have been acquired by the Central
Government in respect of any monument under this Act by virtue
of any sale, lease, gift, or will, relinquish 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 accepted under this Act.
Relinquishment
of Government
rights in a
monument
15.(1) Subject to such rules as may after previous publication
be made by the Central Government, the public shall have a right of
access to any monument maintained by the Central Government under
this Act.
Right of access
to certain
protected
monument
(2) In making any rule under sub-section (1) the Central
Government may provide that a breach of it shall be punishable with
fine which may extend to twenty rupees.
16.Any person other than the owner who destroys, removes,
injures, alters, defaces or imperils a protected monument, and any
owner who destroys, removes, injures, alters, defaces or imperils a
monument maintained by the Central Government under this Act or in
respect of which an agreement has been executed under section 5, and
any owner or occupier who contravenes an order made under section
7, sub-section (1), shall be punishable with fine which may extend to
five thousand rupees, or with imprisonment which may extend to three
months, or with both.
Penalties
Schedule I [The Ancient Monuments Preservation Act, 1904]
113
19.(1) If the Central Government apprehends that any object
mentioned in a notification issued under section 18, sub-section (1) is
in danger of being destroyed, removed, injured or allowed to fall into
decay, the Central Government may pass orders for the compulsory
purchase of such objects at its market value, and the Collector shall
there upon give notice to the owner of the object to be purchased.
(2) The power of compulsory purchase given by this section
shall not extend to—
(a) any image or symbol actually used for the purpose of
any religious observance ; or
(b) anything which the owner desires to retain on any
reasonable ground personal to himself or to any of his ancestors
or to any member of his family.
Purchase of
sculptures
carvings or
like objects by
the
Government
20.(1) If the Central Government is of opinion that excavation
for archaeological purposes in any area should be restricted and
regulated in the interests of archaeological research the Central
Government may, by notification in the official Gazette ; specifying the
boundaries of the area, declare it to be a protected area.
Power of
Central
Government
to notify areas
as protected
(2) From the date of such notification all antiquities buried in
the protected area shall be the property of the Government and shall be
deemed to be in the possession of the Government and shall remain the
property and in the possession of the Government until ownership
thereof is transferred ; but in all other respects the rights of any owner
or occupier of land in such area shall not be affected.
20-A.(1) Any officer of the Archaeological Department or any
person holding a license under section 20-B may, with the written
permission of the Collector, enter upon and make excavations in any
protected area.
(2) Where, in the exercise of the power conferred by sub-section
(1), the rights of any person are infringed by the occupation or
disturbance of the surface of any land, the Central Government shall
pay to that person compensation for the infringement.
Power to enter
upon and
make
excavation in
protected area
20-B.(1) The Central Government may make rules—
(a) prescribing the authorities by whom licenses to excavate
for archaeological purposes in a protected area may be granted ;
(b) regulating the conditions on which such licenses may be
granted, the form of such licenses, and the taking of security
from licenses;
(c) prescribing the manner in which antiquities found by a
licensee shall be divided between the Central Government and
the licensee ; and
(d) generally to carry out the purposes of section 20.
(2) The power to make rules given by this section is subject to
the condition of the rules being made after previous publication.
(3) Such rules may be general for all protected areas for the time
being, or may be special for any particular protected area or areas.
Power of
Central
Government
to make rules
regulating
archaeological
excavation in
protected
areas
Schedule II [The Ancient Monuments Preservation Act, 1904]]
115
SCHEDULE II
(See SECTION 3)
MODIFICATIONS OF THE ANCIENT MONUMENTS PRESERVATION
ACT,1904
In the Ancient Monuments Preservation Act, 1904—
(1) for sub-section (2) of section 1, the following shall be substituted:
“(2) It extends to the whole of Uttar Pradesh.”;
“(2) for the words “Central Government” wherever they occur, the words
“State Government” shall be substituted ;
(3) after clause (6) of section 2, the following shall be added as a new clause (7) :
“(7) State Government means the Government of Uttar Pradesh ”;
(4) In section 8, the words “or at a sale made under the Bangal Patni Talkus
regulation, 1819” shall be deleted ;
(5) in sub-section (1) of section 10, the words “direct the State Government
to” shall be deleted ;
(6) in sub-section (1) of section 10-A, between the words “may” and “by” the
words “after consulting the Central Government,” shall be added ;
(7) Section 17 shall be deleted ; and
(8) in section 20-C, for the words “it may direct the State Government to
acquire such area, or any part thereof, and the State Government may thereupon”,
the words “the State Government may” shall be substituted.
————

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