The west bengal preservation of historical monuments and objects and excavation of archaeological sites act, 1957

Government of West Bengal
Law Department
Legislative
West Bengal Act XXXI of 1957
The West Bengal Preservation of Historical
Monuments and Objects and Excavation of
Archaeological Sites Act, 1957
Superintendent, Government Printing
West Bengal Government Pi'ess, Alipore, West Bengal
1958f
•^Price—Indian, 19 nP.; English, 4d.
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West Bengal Act XXXI of 1957
THE WEST BENGAL PRESERVATION OF HiSTORI
GAL MONUMENTS AND OBJECTS AND EXOAVA
TiON OF ARCHAEOLOGICAL SITES ACT, 1957.
{Passed by the West Bengal Legislatwe-I
i Assent of tho Pi-er,ideiit Tvas, drat publi^iliod in \.]<oj.'ulcnlta Qazette,Exiraordinanj, of the vtli March, lOnb.]
[7t'h Marcli, 19o8.J
Am -ict to provide for the preservation in certasin cases ojhistorical monuments and objects and for-the e.vcaratwv
of archaeological sites in West Bengal.
it IS liereby enacted in tlie Eiglith Year of tlie Bepublicof India, by tbe Legislature of West Bengal, as foilo^s: —
Preliminary.
f  (71 Idiis Aet may be railed tlie West Bengal Preser- 8hort titie,
vation Historical .Momments and Objects and ExcavationG  A vcliaeolog'ical Sites Act, 195 j . ment eunid'  applicH-
(V) It extends to tlie whole of West Bengal. tion.
.  shall eouie into force on such date as the State
0 '"'^■uiiient may, by notification in the 0-ffi.cial Gazette.j^ppoint.
^4) Nothing in this Act shall apply to-- '
(fi) ancient or historical monuments or archaeologicalsites or remains declared by or under law made
by Parliament to be of national importance; or
7b) any ancient monuments or antiquities to wliicli the^  Ancient Monuments Pre.servation Act. 1904,applies on tbe date of the commencement of this
Act or is made applicable after such date. " -
2  In this Act, unless there is anything repugnant in tteflaitioossubject or context.-
"Collector" means the Collector of a district;
(0) "Comroissioner" includes any officer authorised bvthe State (loTernment to perform the dutie.s ofO'onimiasioner under this Act;a
(S) "historical monument" means any building, struc-ture, erection or monolith or monument or any
mound or tumulus or any tomb or place of inter
ment, or any caTe, or any smrlpture or iiisciip-
tion on an immovable object or any part, or
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2 The WeT Bengal Presei'vation of/llistOTioal Monuments
and Ohjects and E.rcavation of ArahaeologLral Sites'
Act, 19r5?.
[West Ben. Act
(Preliminarn.—Section 2.)
remains tliereofj or a particular site^ ■wh.icli the
State Governineiit by leason of its historical
association, considers it necessary to protect
against destruction, injury, alteration, mutila
tion, defacement, removal, diBperaion or falling
into decay, and includes—
in) the site of such mouimient.
{h) such portiou of laud adjoining the site of such
• monument as may he required for fencmg or
covering in or otherwise preserving such
monument.
(o) the means of access to and convenient inspection
of sucli monument;
'4) "historical object" means,-
(a) any document, luanuscript, printed matter,
jjicture or painiing, or any movahle
object or any matter containing any
inscription or carving.
(h) any movable object other than, those
specified above,
which the Stale Government by reason of its
historical association, considers it necessary toprotect against destruction, injury, alteration,
mutilation, defacement, removal, dispersion or
falling into decay;
('"51 "maintain" and "maintenance" include the fencing,
covering in, repairing, restoring and cleansingof a pintected monument and the doing of anyact^ which may be necessary for the purpose of
Uiaintaining a protected monument or of securing
corivenient access thereto; and
<6) owner includes a joint owner invested with powers
0T_ management on behalf of himself and other
3oint owners, and any manager or trustee exer
cising powers of management over a historical
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 1ie
deemed to extend the powers which may lawfullybe exercised by such manager or trustee.
'h , ! I,
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•  *.■ ■
Th^ West Bengal Preservaiton of Biatoriccil Motmmenta 3
and Objects and Eiccavatton of Archaeological Sites
Act, 1957,
XXXI 01 1957.]
(Historical Morvuments.—Sections 3, 4.)
Historica} Monuments.
3. (i) The State Government may, by notification in Stote--
tlie Official Gazette, declare a historical monument to be a protected
State-protected monument within the meaning of this Act. Sent*
(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 a notice that any
objections to the contents of the notification received by
the State Government .within one month from the date
when the copy is so fixed up 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 section shall,
unless and until it is withdrawn, be conclusive evidence of
the fact that the monument to which it relates is a State-protected monument within the meaning of this Act,
4, (1) The Collector, with the sanction of the State AoquiiioionGovernment, may purchase or take a lease of any State-
protected monument. diaiSiip of
1  • • 1 1 -1 • ^
(2) The Collector,' with the like sanction, may accept a protected
ift or bequest of any State-protected monument. monuinent.
/^) The owner of any State-protected monument, may,
] y "W^ritten instrument, constitute the Commissioner thenardinn of the monument, and the Commissioner may, with
?■[ f, sanction of tJie State Government, accept such
C7
(4) When the Commissioner has accepted the guardian-
hiP oi a State-protected monument under sub-section (3)?ue owner shall,^ except as expressly provided in this Act
have the same right, title and interest in and to the menu-rent as if the Commissioner had not been constitutedguardian thereof.
(5) When the Commissioner has accepted the guardian
ship of a State-protected monument under sub-section (3).the provisions of this Act relating to agreements enteredinto under section 5 shall apply to the written instrumentreferred to in the said sub-section.
iWhere a State-pr.o.tected ' jnonument is without an
owner, fche;-'CoThmissioner may assume tiie guardianshiphithe monument. i - .
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■■ r - ■■ . ■ r?'  ^ 4 The West Bengal Preservation of Historical Monuments
K  and Objects am,d Excavation of Archaeological Sites
Act, 1957.
[West Ben. Aet
(^Historical Monwments.—Section 5.)
'• Freeerva- 5. {1) Tlie Collector may, with, the previouB sauctionWon of a of the State Government, propose to the owner to enter intoStat^pro- agreement with the State Government for the preserva-
monument tion of any State-protected monument in his district,by agreo-
j " ment. (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, namely : —
(а) the maintenance of the monument;
(б) 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 to destroy, injure,
alter, mutilate, deface, remove or disperse or to
'  allow to fall into decay the monument or to build
on or near the site of the monument;
{d) the facilities of access to be permitted to the public
^  and to persons deputed by the owner or the Collec
tor to inspect or maintain the monument;
{e) the notice to be given to the State Government in
case the land on which the monument is situated
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,
at its market-value;
(/) the payment of any expenses incurred by the owner
or by the State Government in connection with the
preservation of the monument;
{g) the proprietary or other rights whicJi are to vest in
the State Government in respect of the monument
when any expenses are incurred by the State Gov
ernment in connection with the preservation of the
monument;
{h) the appointment of an authority to decide any dis
pute arising out of the agreement; and
ii) any matter connected with the preservation of the
monument which is a proper subject of agreement
between the'owner and the vState Government.
\  ' i\  ' . (d) The terms of an agreement under this section may bealtered from time to time with the sanction of the State
Government and with the consent of the owner.
{4) "With the previous sanction of the State Government,
the Collector may terminate an agreement under this section
on giving six months' notice in wi'iting to the owner.
if) The owner may terminate an agreement under thin
sectiop on giving six motiths' nb^^be fh to iiife
Oblleetbr. - " • .
,  ■ • ■ ^ ^ . r-7
The West Bengal Preservation of Historical Monuments 5
and Objects and Excavation of Archaeological Sites
Act, 1957.
XXXI of 1957.]
(Historical Monuments.—Sections 6—8.)
(6) 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 , C
behalf the agreement was executed. . i, ,
(7) Any rights acquired by the State 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,
6- If the owner is unable, by reason of infancy or other Owners
disability, to act for himself, the person legally competent
to act on his behalf may exercise the powers conferred upon not'in
an owner by section 5. session.
7, (1) If the Collector apprehends that the owner or Enforce-
occupier of a monument intends to destroy, injure, alter,mutilate, deface, remove or disperse or to allow to fall into
decay the moniiment or to build on or near the site thereofin contravention of the terms of an agreement for itsreservation under section 6, the Collector may make an
order prohibiting any such contravention of the agreement.
(^) If an owner or other person who is boimd by anreement for the preservation or maintenance of ar^nument under section 5 refuses or neglects to do any act
vhich is opinion of the Collector necessary for such\reservation or maintenance, within such reasonable time as
^naV he fixed by the Collector, the Collector may authorisemy person to do any such act, and the expense of doingiTiv person to do any suen act, and the expense of doingjjy such act or s\ich portion of the expense as the owner
may he liable to pay under the agreement may be recovered^oii ^he owner as if it were an arrear of land-revenue.
(S) A person aggrieved by an order made under this
section may appeal to the Commissioner, who may cancel ormodify if' whose decision shall be final.
g. Every person who purchases any_ land on which is Purohaaert
situated a monument in respect of which any instrument certain
has heen executed by the owner for the time being, under ^^®Bandsection 4 or section 5, and every person claiming any right, SaSc
title or interest in a monument from, through or under an throughowner who executed any such instrument, shall be bound by ownersuch instrument. bound byinstrumenli
executed
by owner.
t
The West Bengal Preservation of Historical MonumenXs a
Objects and Excavation of Archaeological Sites
1957.
Applies^
tion of
endowment
to repair of
a State-
protected
monument.
[West Ben. Act
(Historical Momiiiients.—Sections 9, 10.)
9a (-?) If any owner or otiier person, competent to enter
into an agreement under section 5 for tlie preservation of a
State-protected monument, refuses or fails to enter into sucL
an agreement when proposed to liim by the Collector, and if
any endowment has been created for the purpose of keepingsuch monument in repair or for that purpose among others,
the Collector may institute a suit in the Court of the District
•Tudge, or if the estimated cost of repairing the monument
does not exceed one thousand rupees, may make an applica
tion to the District Judge for the proper application of such
endowment or part thereof.
ifi) On the hearing of an application under sub-section(i),the District Judge may summon and extimine 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.
tected
maaumeut.
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State Government apprehends that a State-
Bitionofa' P^'^^scted monument is in danger of being destroyed, injured,State-pro- altered, mutilated, defaced, removed or dispersed or of fallinginto decay, the State Government may acquire it under the
provisions of the Land Acquisition Act, 1894, as if the
preservation of the State-protected monument were a "publicpurpose" within the meaning of that Act.
The powers of compulsory acquisition conferred bysub-section (1) shall not be exercised in the case of—
(a) any monument which or any part of which ig
periodically used for religious observances; or
(b) any monument which is the subject of a subsisting
agreement executed under section 5 :
Provided that in case of repeated infringement of the
agreement by the owner as stated in section 7
the State Government may exercise its powers of
compulsory acquisition.
other than the cases referred to in subsection (.«) the said powers of compulsory acquisition shall
not be exercised unless the owner or other person competent
.  agreement under section 5 has failed,witnin such reasonable period as the Collector may fix in
tins behalf, to enter into an agreement proposed to him
under the said section or has terminated or given notice of
his intention to terminate such an agreement.
(4) In cases of urgency whenever the State Government
50 directs, the Collector, though no award has been made,may, On the expiration of 15 days from the date of publica
tion of the notice mentioned in section 9, sub-section (1) of
of
I he West Bengal Preservation of Bistoncal.Monu'ments 7
and Objects and Ea;cavatio'ri of Archaeological Sites-
Act, 1957. " -f,
XXXI of 1957.] V•jV' ''■a
(Historical Monuments .—Sections 11,12.)
I of 1894. the Land Acquisition Act, 1894, take possession of the State-
protected monument. Such monument shall thereupon vest
absolutely in the State Government free from all encum
brances.
11. (i) If the State Government is of opinion that Power ot
mining*, quarrying, excavating, blasting and other opera- State
tions of a like nature should be prohibited, restricted or ^ent^to
regulated for the purpose of protecting or preserving any control
State-protected monument, the State Government may, by mining,
notification in the OMcial Gazette, make rules— ete., near-otate-pro*
(a) fi xing the boundaries of the area to which the rules\  ® , mnnnn
are to apply, monument.
(b) forbidding 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 autJiority by which, and the terms onwhich, licences may be granted to carry on 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 previouspublication.
(3) A rule under this section may provide that any person^ojjii^itting a breach thereof shall be punishable with a fine
^hich may extend to two hundred rupees.
(^4) If owner or occupier of land included in a noti-
floation under sub-section (1) proves to the satisfaction of the
State Government that he has sustained loss by reason ofJjch laud being so included, the State Government shall nav
jiixQ due compensation in respect of such loss.
12. (i) The Commissioner shall laamtain every State- Mainteaprotected monument in respect of which the State Govern- anae of
ineut acquired ^ny oi the rights mentioned in section 4 certainr.r which the State Government has acquired under section 10OA ' ■ protected
(^) When the Comniissioner has accepted the guardian- Smts
ship of a State-protected monument under section 4, he shall,for the purpose of maintaining such monument, have accessto the monument at all reasonable times, by himself and byhis agents, subordinates and workmen, for the purpose ofinspecting the monument, and for the purpose of bringintj*
such materials and doing such acts as he may consider nece^
sary or desirable for the maintenance thereof.
Voluntary
contribu
tions.
8  The West Bengal Preservation of Historical Monuments and
Objects and Excavation of Archaeological Sites Act,
1957.
£West Ben. Act
fHistorical Monuments.—Sections 13^16.—Historical Objects.—Section 17.)
13, Tke Coiamissioner maj; receive voluntary contribu
tions towards the cost of maintaining a State-protected
monument and may give orders as to the management and
application of any funds so received by bim;
Provided tbat no contribution received under this section
shall be applied to any purpose other than the purpose for
which it was contributed.
Belinqui-
shmeat of
Govem-
ment
rights in ft
State-
protected
monument.
14. With the sanction of the State Government, the
Commissioner may—
{a) where rights have been acquired by the State Govern
ment in respect of any State-protected monument
tmder 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 monriment if such rights had not been
acquired; or
{h) relinquish any guardianship of a State-protected
monument which he has accepted under this Act.
Bight of
access to
certain
State-
protected
monu
ments.
penalties.
power to
State
Govern
ment to
control
moving or
histoTicftl
objects.
15i (i) Subject to such rules as may after previous
publication be mad© by the State Government, the public
shall have a right of access to any State-protected monument
maintained by the State Government under this Act.
{2) In making any rule under sub-section {1) the State
Government may provide that a breach of it shall be punisli-
able with fine which may extend to fifty rupees.
16. Any person other than the owner who destroys,
injures, alters, mutilates, defaces, removes or disperses or
allows to fall into decay a State-protected monument main
tained by the State 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 (2), shall be punishable with, fine
which may extend to five thousand rupees, or with imprison
ment which may extend to three months, or with both.
Historical Objects.
17» (2) If tie State Government considers it necessary
in the public interest that any historical object should not
be moved from the place where it is without the sanction of
the State Government, the State Government may, by notifica
tion in Offtdal Gazette, direct that such historical object
ghall not be moved unless with the written permission of theCollector.
A
The West Bengal Preservation of Historical-Alonuvients
and Objects and Efccavatlon of Archaeolofjical Sites
Act, 1957.
XXXI of 1957.]
(HistoricalObjects.—Section 18.—Excavation of Archaeological
Sites.—Section 19.)
(2) A person applying for tlie permission mentioned in
siib-section (1) shall specify the historical object which he
proposes to move, and shall furnish, in regard to such object,
any information which the Collector may require.
(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 he punish
able with a fine which may extend to five hundred rupees.
(5) If the owner of any property proves to the satisfaction
of the State Grovernment that he has suffered any loss or
damage by reason of the inclusion of such property in a noti
fication published under sub-section (1), the State
Government shall either—
(a) exempt such property from the said notification;
(b) acquire such property, if it be movable, at itsmarJret-value; or
(c) pay compensation for any loss or damage sustainedby the owner of such property, if it be immovable.
18. (1) If State Government apprehends that any purchase ofhistorical object is in danger of being destroyed, injured, historical•altered, mutilated, defaced, removed or dispersed or falling object,
into decay, the State Government may pass orders for thecompulsory purchase of such object at its market-value, and
the Collector shall thereupon give notice to the owner of theobject to be purchased.
(_2) The power of compulsory purchase given by this
•ection shall not extend to—
(a) any image or symbol actually used for the purposeot any religious observance; or
(b) anything which the owner desires to retain on anyreasonable ground personal to himself or to any ofhis ancestors or to any member of his family
Excavation of Archaeological Sites.
19. (-0 If State Goyernment is of opinion that,va.tioii tor archaeoiogical purposes m any area should bemid reo'ulated in the interpstn nf "Pol"! ft 1 fK w 1
pxcavation j-ui puipuaeb m any area snouid be
restricted and regulated in the interests of archaeologicalresearch, the State Goyernnient may, by notification in the
Oificial Gazette specifying the boundaries of the area, declareit to he a State-protected archaeological site.
From the date of such notification all antiquities^  0,11 tiuuqumes
buried m such site shall be m the possession of, and yest in
the State Goyernment subject tp the payment of due cOmpensation to the owner; bUt in all othfer rfeSpfebts llfeie rigMg oof
Power of
State
Govern,
menb to
notify
areas as
State-pro-
-tected
arcliaeolo-
gicfal sites.
10 The West Bengal Preservation of HistoHcal Monuments
and Objects and Excavation of Archacolo/jical Sites
Act, 1957.
[Weet Ben. Act
{Excavation of Archaeological Site.—Sections 20, 21.)
any owner or occupier of land in such site shall not beafiected except that he shall not be allowed to change the
character of the vState-protected archaeological site.
Power t/O
enter upon
and make
excava
tions in a
State-
protected
archaeolo
gical site.
20. {].) Any ofdcer of the State Government, empowered
in this behalf or any person holding a licence under section 21
may, with the written permission of the Collector, enter upon
and make excavations in any State-protected archaeological
site.
(2) Where, in the exercise of the power conferred by sub
section (i), the rights of any person are infringed by the
occupation or disturbance of the surface of any land, the
State Government shall pay to that person compensation for
the infringement.
Power of
State
Govem-
meiit to.
make rules
regulating
archaeolo
gical exco-
vafcions in
State-
protected
archaeolo
gical sitcp.
21. {1) The State Government may make rules—
(a) prescribing the authorities by whom licenses to
excavate for archaeological purposes in a State-
protected archaeological site may be granted;
(/^) regulating the conditions on which such licences may
be granted, the form of such licences, and the
taking of security from licensees;
(c) prescribing the manner in which antiquities found by
a licensee shall be divided between the Stat^
Government and the licensee; and
(cZ) generally to carry out the purposes of section 19.
(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 State-protected
archaeological sites for the time being, or may be special for
any particular protected site or sites.
{4) Such rules may provide that any person committing a
breach of any rule or of any condition of a licence shall be
punishable with fine which may extend to five thousand
rupees, and may further provide that where the breach has
been by the a^^ent or servant of a licensee, the- licensee hitaself
shair b'6 punishable. - ; • - •
>>•' ■
The M esi Preservation of Historical Monuments
and Objects and Excavation of Archaeological Sites Act,
1957.
XXXI of 1957.)
(Supplemental and Miscellaneous.—Sections 22—25.)
Supplemental and Miscellaneous.
22. {I) The market-vahie of auy pro]>ei'ty which the Assessment
State Ctoverniueut is empoweieJ to acquire at such value ofmarket-
uuclei; this Act, or the eompeusation to be paid l)y the State TOm^p^a-Goverament in respect of auytliiiig' done under this Act. shall, tion
wJieie ujjy dis]")ute arises in I'espect of snch niarket-vahie or
coinj)onsation, be ascertained in the inatmer provided hy 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 Acquisition .Act, 1894, the Collector shall be assisted bj'
two assessors, one of whom shall he a competent person
nominated by the Collector, and one a person nominated by
the owner or, in case the owner fails to nominate an assessor
within such reasonable time as may be fixed by tiie Collector
in this behalf, by the Collector.
■4!
23. A Magistrate of the third class shall uot have juris- Jurisdic-
diction to try any person charged with an offence against this
Act.
24. (/) The State Government may inalce lailes for carry- Power to
ing out any of the i^urposes of this Act. ' make rules.
(2) The power to make rules under this sectiou shall l)e
in addition to and Jiot in derogation of any of the provisions
of this Act and shall be subject to the condition of the rules
being* made after previous publication.
25. suit for comju-nsation and no criininnl proceeding ^
.shall lie against any public servant in respect of any act done, servants
or in faith intended to he done, in the exercise of aiiv actinopower conferred by this Act. ' imdertheAct.
VVBaP-oS/9-o4r)/\-."^i
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