LexThe U. P. ANCIENT AND HISTORICAL MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS PRESERVATION ACT, 19561 U. P. ACT No. VII OF
Uttarakhand · state statute
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THE U. P. ANCIENT AND HISTORICAL MONUMENTS AND
ARCHAEOLOGICAL SITES AND REMAINS PRESERVATION
ACT, 19561
[U. P. ACT No. VII OF 1957]
[Passed in Hindi by the Uttar Pradesh Legislative Council on August 8,
1956 and by the Uttar Pradesh Legislative Assembly on September 4, 1956.
Received the assent of the President on January 12, 1957, under Article
201 of ‘the Constitution of India’ and as published in the Utta r Pradesh Gaz ette
Extraordinary, dated January 19, 1957].
AN
ACT
to provide for th e preservatio n and protection of ancient and historical
monuments and archaeological sites and remains in Uttar Pradesh other than
those declared by Parliament by law to be of national importance.
WHEREAS it is expedient to provide for th e preservation and protecti on of
ancient arid historical monuments and archaeological sites and remains in U.P.
other than those declared to be of national importance by the Ancient and
Historical Monuments and Archaeological Sites and Remains (Declaration of
National Importance) Ac t, 1951, and for certain other matters connected
therewith;
It is hereby enacted in the seventh year of the Republic of India as
follows:-
Short title,
extent and
commencement
1. (1) This act may be called the U.P. Ancient and Histo rical Monuments and
Archaeological Sites and Remains preservation Act, 1956.
(2) It extends to the whole of Uttar Pradesh.
(3) It shall come into force at once.
Definitions 2. In this Act, unless there ill anything re pugnant in the subject or cont ext,
any reference to ancient or historical monument, or archaeological site or
remains, shall mean ancient or historical monument or archaeological sites
or remains other than those declared by the Ancient and Historical
Monuments and Archaeological Sites and Remains (Declaration of
National Importance) Act, 1951, to be of national importance.
Re-enactment and
application of Act
VII of 1904 to
ancient and
historical
monuments and
archaeological sites
and remains
3. The provisions of the Ancient Monuments Preservation Act, 19 04, as set
out in Schedule I with t he modifications mentioned in Schedule II, are
hereby re-enacted and shall apply and be always deemed to have applied
to ancient and historical monuments and archaeological sites and remains
in Uttar Pradesh.
1. For Statement of objects and reasons, see U. P. Gazette, Extraordinary dated May 7, 1956.
90
[The U.P. Ancient and Historical Monuments and Archaeological Sites and Remains preservation Act,
1956]
Continuation of
notifications an d
orders, etc. issued
under Act VII of
1904
4. Any ac tion taken or purported to be taken including any declaration,
appointment., notification, order, instruction, direction , scheme, rule,
regulation, form or certificate, made or issued or purported to be made or
issued under th e Ancient Monuments Preservat ion Act, 1904, shall, so
far as it is not inc onsistent with the provisions of the said Act as re -
enacted and modified by this Act, continu e in force and shall be deemed
to have been taken, made or issued under the provisions so re -enacted,
unless and until directed otherwise or superseded b y anything done or
any action taken under the provisions so re-enacted.
91
SCHEDULE I
[See Section 3]
THE ANCIENT MONUMENTS PRESERVATION ACT, 1904
[ACT No. VII of 1904]
(18th March, 1904)
(As Modified UP To The 25th October, 1951)
AN
ACT
to provide for the preservation of Ancient Monuments and Objects of
Archaeological, Historical or Artistic Interest
WHEREAS it is expedient to provide for the pr eservation of ancient monuments,
for the exercise of control over traffic in antiquities and over excavation in certain places,
and for the protection and acquisitio n in certain cases of ancient monuments and of
objects of archaeological, historical or artistic interest;
It is hereby enacted as follows:
Short title and
extent
1. (1) This Act may be called the Ancient Monuments Preservation Act, 1904.
(2) It extends to the whole of India (except the States of Jammu and
Kashmir).
Definitions 2. In this Act unless there is anything repugnant in the subject or context---
--
(1) "ancient monument" means any structure, erection or monuments or any
tumulus or place of interment, or any cave, rock-sculpture, inscription or
monolith, which is of historical, archaeological or artistic interest, or any
remains thereof, and includes-
(a) the site of an ancient monument;
(b) such portion of land adjoining the site of an ancient monument as
may be required for fencing or covering in or otherwi se pre-serving
such monument; and
(c) the means of access to and convenient inspection of an anc ient
monument;
(2) "antiquities" include any movable objects wh ich the Central Government,
by reason of their historical or archaeo logical associations may t hink it
necessary to protect against injury, removal or dispersion;
(3) "Commissioner" includes any officer authorized by the Central
Government to perform the duties of a Commissioner under this Act;
(4) "maintain" and "maintenance" include the fencin g, covering in, repairing,
restoring and cleansing of a protected monument, and the doing of a ny
act which may be necessary for the purpose or maintaining a protected
monument or of securing convenient access thereto;
92
[SCHEDULE 1]
(5) "land" incl udes a revenue -free estate, a revenue -paying estate, and a
permanent transferable tenure, whether such an estate or tenure be subject
to encumbrances or not; and
(6) "owner" include a joint owner invested wi th powers of management on
behalf of himself an d 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 thi s, Act shall b e deemed to extend the
powers which may lawfully be exercised by such manager or trustee.
Protected
monuments
3. (1) The Central Government may, by notification in the official Gazette
declare a n ancie nt 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 p lace on or near the monument, together with an
intimation that an y objections to the issue of the notification received by
the Centra l 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 obje ctions, 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 the monument to which
it relates is an ancient monument within the meaning of this Act.
Acquisition of
rights in or
guardianship of
an ancient
monument
4. (1) The Collector, with the sanction of the Central Government, may purchase
or take a lease of any protected monument.
(2) The Collector, with the like sanction, may accept a gift or beque st of any
protected monument.
(3) The owner of any protected monument may, by written ins trument,
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 ,in terest in and to the monume nt
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 5 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.
93
[SCHEDULE 1]
Exasperation of
ancient
monument by
agreement
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 custo dy of the monument, and the duties of any person who may be
employed to watch it ;
(c) the restriction of the owner's right to destroy remove, alter or deface the
monument or to build on or near 'the site of the monument ;
(d) the facilities of access to be permitted to the public or to any portion of
the public and to persons deputed by the owner or the Collector to inspect
or maintain the monument ;
(e) th e notice to be given to the Central G overnment in case the land on
which the monument is situated is offered for sale by the owner, and the
right to be re served to the Central Government to purchase such land, or
any specified portion of such land, at its market-value;
(f) the payment of any expenses incurred by the owner or by the Central
Government in connection with the preservation of the monument;
(g) the proprietary or other rights which are to vest in hi s Majesty in respect
of the monument when any expenses are incurred by the Central
Government in connexion with the preservation of the monument;
(h) the appointment of an authority to decide any dispute aris ing out of the
agreement; and
(i) any matter connected with the preservation of the m onument which is a
proper subject of agreement between the owner and the Central
Government.
(3) * * * * *
(4) The terms of an agreement under this section may be altered from time to time
with the sanction of the Central Government and with the consent of the
owner.
(5) With the previous sanction of the Central Government, the Collector may
terminate an agreement under this section on giving six months notice in
writing to the owner.
(6) The owner may terminate an agreement under this section on giving six
months notice to the Collector.
(7) An agreement under this section shall be, binding on any person claiming to
be owner of the monument to which it relates, through or under a party by
whom or on whose behalf the agreement was executed.
94
[SCHEDULE 1]
(8) Any rights acquired by the Central Government in respect of expenses incurred
in protecting or preserving a monument shall not be affected by the termination
of an agreement under this section.
Owners under
disability or not in
possession
6. (1) If the owner is unable, by reason of infancy or other dis ability, 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 headman or other village officer exercising
powers of management over such property may exercise the powers conferred
upon an owner by section 5.
(3) Nothing in this section shall be deemed to empower any person not being of the
same religion as the pe rsons 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.
Enforcement of
agreement
7. (1) If 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 Coll ector 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 re fuses to do any act which is
in the opinion of t he 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 suc h 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.
Purchasers at
certain sales and
persons claiming
through owner
bound by
instrument executed
by
owner
8. Every person who purchases, at a sale for arrears of land -revenue or any other
public demand, o r at a sale made under the Beng al Patni Taluks Regulation,
1819 (Ben. Reg. VIII of 1819) an estate or tenure in which is situated a
monument in respect of which any instrument has been executed by the owner
for the time being, under section 4 or section 5, and every person claiming any
title to a monument from, through or under an owner who executed any such
instrument, shall be bound by such instrument.
Application of
endowment for
repair of an
ancient monument
9. (1) If any owner or other person competent to enter into an agreement under section
5 for th e preservation of a protected monu ment, 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 inst itute a suit in the Court
of the District Judge, or, if the estimated c ost 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.
95
[SCHEDULE 1]
(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 necessa ry, a nd 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.
Compulsory
purchase of
ancient monument
10. (1) If the Central Government apprehends that a protected monument is in danger
of being destroye d, injured or allowed to fall into decay, the Central
Government ma y direct the State Government to acquire it under the
provisions of the Land Acquisition Act, 1894 (I of 1894), as if the
preservation of a protected monument were a "public purpose" wi thin the
meaning of that Act.
(2) The powers of compulsory purchase conferred' by sub-section (1) shall not be
exercised in the case of-
(a) any monument which or any part of which is periodically used for
religious observances; or
(b) any monument which is the s ubject of a subsisting agree ment executed
under section 5,
(3) In any case other than the cases referred to in sub-section (2) the said powers
of compulsory purchase shall not be exerci sed unless the owner or other
person compete nt to enter into an agreement under sec tion 5 has failed,
within such reasonable period as the Collector may fix in this behalf, to enter
into an agreement proposed to him under the 'said section or has t erminated
or given notice of his intention to terminate such an agreement.
Power of
Central
Government to
control mining
etc. near
ancient monument
10-
A
(1) If the Central Government is of opinion that m ining, quarrying, excavating,
blasting and other op erations of a like nature should be restricted or
regulated for the purpose of protecting or preserving any ancient monument,
the Central Government may, by noti fication in the official Gazette make
rules-
(a) fixing the boundaries of the area to which the rules are to apply;
(b) for bidding the carrying on of mining, quarrying, excavating blasting or
any operation of a like nature except in accordance with the rules and
with the terms of a licence; and
(c) prescribing the authority by which, and the ter ms on which, licences may
be granted to carryon any of the said operations.
(2) The power to make rules given by this section is subject to the condition of
the rules being made after previous publication.
(3) A rule made under this section may provid e that any person committing a
breach thereof shall be punishable with fine which may extend to two
hundred rupees. .
(4) If any owner or occupier of land included in a notification under sub -
section(1) proves to the satisfaction of the Central Governmen t that he has
sustained loss by reason of such land being so included the Central
Government shall pay compensation in respect of such loss.
96
[SCHEDULE 1]
Maintenance
of certain
protected monuments
11. (1) The Commissioner shall maintain every monument in respect of which
the Government has acquired any of the rights maintenance of certain
mentioned in section 4 or which the Government has acquired under
protected monuments section 10.
(2) When the Commissioner has a ccepted the guardianship of a
monument under section 4, he shall, f or the purpose of maintaining
such monument, have access to the monu ment at all reasonable
times, by himself and by th is agent, subordinates and workmen, for
the pur pose of inspecting the monument, an d for the purpose of
bringing such materials and doing such acts as he may consider
necessary or desirable for the maintenance thereof.
Voluntary
contributions
12. The Commissioner may re ceive voluntary contributions towards the
cost of maintaining a protected monument and ma y 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 p urpose for which it was
contributed.
Protection of
place of
worship from
misuse, pollution or
desecration
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.
(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 observ ances 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 concurr ence 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 o ther action as he may think necessary in this
behalf.
Relinquishment of
Government rights in a
monument
14. With the sanction of the Central Government, the C ommissioner
may-
(a) where rights have been acquired by the Central Government in
respect of any monument under this Ac t 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.
Right of access
to certain
protected 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,
97
[SCHEDULE 1]
(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.
Penalties 16. Any person other than th e owner who destroys, removes, injures, alters, defaces
or imperils a protected monument, and any o wner who destroys, removes,
injures, alters, defaces or imperils a monument maintained by the Central
Government under this Act or in respect of which an agr eement 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.
Power to
Central
Government
to control
traffic in
antiquities
17. (1) If the Centra l Government apprehends that antiquities are being sold or removed
to the detriment of India or of any neighboring country, it may, by notification in
the official Gazette, prohibit or restrict the bringing or taking by sea or by land
of any antiquities or class of antiquities described in the notification into or out
of the territories to which this Act extends or any specified part of the said
territories.
(2) Any person who brings or takes or attempts to bring or take any such antiquities
into or out of (the said territories) or any part of the said territories in
contravention of a notification issued under sub -section (1), shall be punishable
with fine which may extend to five hundred rupees.
(3) Antiquities in respect of which an offence referred to in sub -section (2) has been
committed shall be liable to confiscation.
(4) An officer of Customs, or an offi cer of Police of a grade not lower than Sub-
Inspector, duly empowered by the Central Government in his behalf, may search
any vessel, cart or other means of conveyance, and may open any baggage o r
package of goods, if he has reason to believe that goods in respect of which an
offence has been committed under sub-section (2) are contained therein.
(5) A person, who complains that t he power of search, mentioned in sub-section (4)
bas seen vexatious or improperly exercised may address his complaint to the
Central Government and the Central Government shall pass such order and may
award such compensation, if any, as appears to it to be just.
Power to
Central
Government
to control
moving of
sculptures,
carvings or
like objects
18. (1) If the Central Government considers that any sculp tures, carvings, images, bas -
reliefs, inscriptions or other like objects ought not to be moved from the place
where they arc without the sanction of the Central Government, the Central
Government may, by notification in the official Gazette, direct that any such
objects or any class of such objects shall not be moved unless with the written
permission of the Collector.
(2) A person applying for the permission mentioned in sub -section (1) shall specify
the object or objects which he proposes to move, and shall fu rnish, in regard to
such object or objects, any information which the Collector may require.
98
[SCHEDULE 1]
(3) If the Collector refuses to grant such permission, the applicant may appeal to the
Commissioner, whose decision shall be final.
(4) Any person who moves any object in contravention of a notification issued
under sub-section (1), shall be punishable with fine which may extend to five
hundred rupees.
(5) If the owner of any property proves to the satisfaction of the Central Governmen t
that he has suffered any loss) damage by reason of the inclusion of such
property in a notification published under su b section (1), the Ce ntral
Government shall either- ----
(a) exempt such property from the said notification;
(b) purchase such property, if it be movable, at its market value; or
(c) pay com pensation for any loss or damage sustained by the owner of such
property, if it be immovable.
Purchase of
sculptures,
carvings or
like objects by
the
Government
19. (1) If the Central Government apprehends that any object mentioned in a notification
issued unde r section 18, sub -section (1) is in danger of being destroyed,
removed, injured or allowed to fall into decay, the Central Govern ment may
pass orders for the compulsory purchase of such objects at its market value, and
the Collector shall thereupon give notice to the Ow ner of the object to be
purchased.
(2) The power of compulsory purc:ha5€ 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 a ny reasonable ground
personal to himself or to any of his anc estors or to any member of his
family.
Power of
Central
Government
to notify areas
as protected
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 boun daries of the area, declare it to be a
protected area.
(2) From the da te of such notification all anti quities buried in the protected area
shall be the p roperty 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 Govern ment until ownership thereof is transferred; b ut in all
other respects the rights of any owner or o ccupier of land in such area shall not
be affected.
Power to enter
upon and
make
excavation in
a pr otected
area
20-A (1) Any officer of the Arc haeological Department or any person holding a licence
under secti on 20 -B may, with the written permission of the Collector, enter
upon and make excavations in any protected area.
(2) Where, in the ex ercise of the power conferred by sub -section (1), the rights of
any person are in fringed by the occupation or disturbance of the surface of any
land, t he Central Government shall pay to that person compensation for the
infringement.
99
[SCHEDULE 1]
Power of
Central
Government to
make rules
regulating
archacological
excavation in
protected areas.
20-B (1) The Central Government may make rules ----
(a) prescribing the authorit ies by whom licences to exca vate for
archaeological purposes in a protected area may be granted ;
(b) regulating the conditions on which such licences may be granted, the form
of such licences, and the taking of security from licences ;
(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.
(4) Such rules may provide that any person committing a breach of any rule or of
any condition of a licen ce shall be punishable with fine which may ex tend to
five thousand rupees, and may further provide that where the breach has been
by the agent or servant of a licensee the licensee himself shall be punishable.
Power to
acquire a
protected area.
20-C If the Central Government is of opinion that a protected area contains an
ancient monument or antiquities of national interest and value, it may direct
the State Govern ment to acquire such area, or any part thereof, and the State
Government may thereupon ac quire such area or part under the Land
Acquisition Act, 1894 (1 of 1894) as for a public purpose.
Assessment of
market-value or
compensation
21. (1) The market-value of any property which Government is empowered to purchase
of such value under this Act, or the compensation to be paid by Government in
respect of anything done under this Act, shall, where any dispute aris es in
respect of such market value or compensation, be ascer tained in the manner
provided by the Land Acquisition Act, 1894, sections 3, 8 to 34, 45 to 47, 51
and 52, so far as they can be made applicable :
Provided that when making an inquiry under the said Land Acqui sition
Act, 1894, the Collector shall be assisted by two assessors, one of whom shall
be a competent person nominated by the Collector, and one a person
nominated by the owner, or in ca se the owner fails to nominate an assessor
within such reasonable time as may be fixed by the Collector in this behalf, by
the Collector.
Jurisdiction 22. A m agistrate of the third class shall not have juri sdiction to try a ny pers on
charged with an offence against this Act.
Power to make
rules
23. (1) The Central Government may make rules for carrying out any of the purposes
of this Act.
(2) The power to make rules given by t his section is subject to the conditio n of the
rules being made after previous publication.
Protection to
public servants
acting under Act
24. No suit for compensation and no criminal proceeding shall lie against any
public servant in respect of any act done, or in good faith intended to be done,
in the exercise of any power conferred by this Act.
100
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 Gov ernment" 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 Bengal Patni T aluks
Regulation, 1819" shall be deleted;
(5) in sub -section (1) of section 10, the words "d irect the State Government to"
shall be deleted ;
(6) in sub -section (1) of sec tion 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 2 0-C, for the words" it may direct the State Government to acq uire
such area, or any part thereof, and the State Govern ment may thereupon", the
words "the State Government may" shall be-substituted.
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