State of Andhra Pradesh - Act
ANDHRA PRADESH ANCIENT AND HISTORICAL MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS RULES 1960
ANDHRA PRADESH
India
India
ANDHRA PRADESH ANCIENT AND HISTORICAL MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS RULES 1960
- Published on 27 July 1961
- Not commenced
- [This is the version of this document from 27 July 1961.]
- [Note: The original publication document is not available and this content could not be verified.]
BODYIn exercise of the powers conferred by section 38 of the Andhra Pradesh Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1960, the Governor of Andhra Pradesh hereby makes the following rules, namely:-Chapter I
(1)These rules may be called the Andhra Pradesh Ancient and Historical Monuments and Archaeological Sites and Remains Rules, 1961. (2)They extend to the whole of the State of Andhra Pradesh. (a)‘act ‘ means the Andhra Pradesh Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1960. (b)“Construction “ means the construction of any structure and includes additions to or alterations of an existing building; (c)“Copying” together with its grammatical variations and cognate expressions; means the preparation of copies by drawing or by photography or by mould or by squeezing and includes the preparation of cinematographic film with the aid of a hand-camera which his capable of taking films of not more than eight millimeters and which does not require the use of a stand or involve any special previous arrangement; (d)“ Filming” together with its grammatical variations and cognate expressions, means the preparation of a cinematographic film with the aid of a camera which is capable of taking films of more than eight millimeters and which requires the use of a stand or involves other special previous arrangements; (e)“form” means a form appended to these rules; (f)“ mining operation” means any operation for the purpose of searching for or obtaining minerals and includes quarrying, excavation, blasting and any operation of a like nature; (g)“prohibited area’ or “regulated area’ means an area near or adjoining a protected monument which the Government has , by notification in the Andhra Pradesh Gazette, declared to be a prohibited area or, as the case may be, a regulated area, for purposes of mining operation or and construction or both; (h)“schedule” means the Schedule to these rules; (i)“section “means a section of the Act. Chapter II
(1)Access to a protected monument in respect of which an agreement has been entered into between the owner and the Government under section 6 or in respect of which an order has been made by the Government under section 9 shall be governed by the provisions of the agreement, or as the case may be, the order; and nothing in rule 4, 5,6 or 7 shall be construed as affecting any such agreement or order. (2)A copy of the relevant provisions of every such agreement or order shall be exhibited in a conspicuous part of the monument concerned. (1)A protected monument shall normally remain open from sun-rise to sun-set provided that the Director may by notice to be exhibited in the monument directs that a protected monument or part there of shall be closed temporarily in such periods as may be specified in the notice. (2)Nothing in this rule or in rule 6 shall apply to an Archaeological Officer, his agents, subordinates and workmen or to any other Government servant on duty at a protected monument. (1)No protected monument shall be used for the purpose of holding any meeting, reception, party, conference or entertainment except under and in accordance with a permission in writing granted by the Government. (2)Nothing in sub-rule (1) shall apply to any meeting, reception, party conference or entertainment, which is held in pursuance of a recognized religious usage or custom. (a)do any act which causes or is likely to cause damage or injury to any part of the monument; or (b)discharge any fire-arms; or (c)cook or consume food except in areas, if any, permitted to be used for that purpose; or (d)hawk or sell any goods or wares or canvass any custom for such goods or water or display any advertisement in any form or show a visitor round for monetary consideration, except under the authority of , or under and in accordance with the conditions of a licence granted by, an Archaeological Officer; or (e)beg for alms ; or (f)violate any practice, usage or custom applicable to or observed in the monument: or (g)bring, for any purpose other than the maintenance of the monument-(i)any animal, or (ii)any vehicle except in areas reserved for the parking thereof. (i)unlawfully enters any protected monument or part thereof at a time when, under these rules, it is not to be kept open; or (ii)unlawfully enters any protected monument in respect of which an order has been made under rule 4 or rule 5; or (iii)contravenes any of the provisions of rule 6 or rule 7 or rule 8, shall be punishable with fine which may extend to five hundred rupees. Chapter III
(1)No person shall undertake any construction or mining operation within a protected area except under and in accordance with a permission granted in this behalf by the Government. (2)Every application for permission required under sub-section (1) of section shall be made to the Director in Form I at least three months before the date of the commencement of the construction or operation. (1)On receipt of an application under rule 12, the Director may grant a licence in Form III if he is satisfied that having regard to the status of the applicant, the competence of the Director of Excavation Operations, the adequacy of the staff to be employed and other relevant factors, the licence may be granted to the applicant:Provided that no licence shall be granted unless the applicant has furnished security of such amount not exceeding rupees ten thousand as the Director may, having regard to the circumstances of each case, require. (2)The Director, by order, may, for reasons to be recorded in writing, refuse to grant a licence in any particular case. (a)the licence shall not be transferable; (b)the licensee shall give to the Director and the owner of the land to be excavated at least fifteen days’ notice in writing of the commencement of the Excavation operations; (c)the licensee shall produce the licence before the Collector of the District concerned or an Archaeological Officer, if so required: (d)The excavation operations shall be conducted under the supervision of the Director of the Excavation named in the licence who shall be present at the excavation operations for at least three-fourths of the period of the operations: (e)The licensee shall not, without the permission of the Director dismantle or disturb any structures found during the excavation operations and shall make adequate arrangements for the safety of such structures and of the excavated antiquities till they are taken charge of by the Director; (f)The licensee shall not subject any antiquities recovered during the excavation operations to any chemical or electrolytic process of cleaning without the written permission of the Director; (g)An Archaeological Officer or his representative may inspect the excavation operations or any antiquities recovered during the operations and make notes no or copy or film the excavated structures and antiquities; (h)The licensee shall not discontinue the excavation operations unless he has given at least fifteen days’ notice in writing to the Director: (i)At the conclusion of the excavation operations, the licensee shall give notice in writing to the owner of the land specifying the nature of the antiquities if any, recovered during the operations ; (j)the licensee shall, within three months of the completion of the excavation operations, submit to the Director a summary report of the results of the excavation, and where the operations are carried on for a period of more than three months such report shall be submitted every quarter by, and it shall be open to the Director to publish the report in his reports or reviews; and (k)the licensee shall, as soon as practicable, submit a report in Form IV to the Government through the Director on the antiquities recovered during the excavation operations. (a)the value of any antiquities recovered during the excavation operations and lost or destroyed while in the custody of the licensee; and (b)any compensation payable by the Government under section 27 to the owner or occupier of the land excavated by the licensee, (i)unlawfully undertakes any excavation for archaeological purposes in any protected area; or (ii)contravenes any of the conditions of a licence, shall be punishable with fine which may extend to five thousand rupees. Chapter IV
Chapter V
Chapter VI
(1)Before declaring an area near or adjoining a protected monument to be a prohibited area or a regulated area for purposes of miningoperation or construction or both, the Government shall, by notification in the Andhra Pradesh Gazette, giver one month’s notice of its intention to do so; and a copy of such notification shall be affixed in a conspicuous place near the area; and (2)Every such notification shall specify the limits of the area which is to be so declared and shall also call for objections, if any, frominterested persons. (a)in a prohibited area, or (b)in a regulated area, except under and in accordance with the term and conditions of a licence granted by the Director. (1)On receipt of an application under rule 31, the Director may grant a licence or, if he is satisfied that the licence asked for should not begranted, may, for reasons to be recorded, refuse to grant a licence. (2)Every licence granted under sub-rule (1) shall be in Form VIII and subject to the following conditions, namely:-(a)the licence shall not be transferable; (b)it shall be valid for the period specified therein; (c)any other condition relating to the manner of carrying out the mining operation or the construction which the Director may specify in the licence for ensuring the safety and appearance of and the maintenance of the approach and access to, the protected monument. (1)The Government may, by order, direct the owner or occupier of an unauthorized building in a prohibited area or in a regulated area orof a building or part thereof which has been constructed in contravention of any of the conditions of a licence granted under rule 32 to remove such building or part thereof within a period specified in that order. (2)if the owner or occupier refuses or fails to comply with an order made under sub-rule(1), the Government may direct the District Magistrate to cause the building or part thereof to be removed, and the owner or occupier shall be liable to pay the cost of such removal. (i)unlawfully undertakes any mining operation or construction in a prohibited area or in a regulated area, or (ii)contravenes any of the conditions of a licence, or (iii)fails or refuses to comply with an order made under sub-rule (1) of rule 35 shall be punishable with imprisonment which may extend to three months or with fine which may extend to five thousand rupees or with both. Chapter VII
(1)Any person may copy a protected monument in respect of which no order under rule 37 has been made. (2)Nothing is sub-rule (1) shall be construed as authorizing any person, other than an Archaeological officer or an officer authorised by him in this behalf while copying any such monument, to.-(a)bring into or use within the precincts of such monument a camera stand, stool, chair, table large drawing-board, easel or any such appliance; or (b)erect any scaffolding within such precincts; or (c)use Within such precincts any artificial light other than a flash-light synchronized with the exposure of a camera; or (d)apply any extraneous matter, such as water, oil, grease or any moulding material, on such monument or part thereof; or (e)prepare a direct tracing or mould or squeeze of such monument or Part thereof - , except under and in accordance with the terms and conditions of a permission in writing granted by an Archaeological Officer. (1)On receipt of an application under rule 40, the Director may grant as licence or, if he is satisfied that the licence asked for, should not be granted may, for reasons to be recorded, reuse to grant a licence:Provided that the Director shall not grant any licence to film the interior of any protected monument, that is to say such part of any protected monument as is covered by a roof of any description, except when the film is for the purpose of education or of publishing the monument. (2)Every licence granted under sub-rule (1) shall be in Form X and be subject to the following conditions, namely:-(a)the licence shall be not be transferable and shall be valid for the period specified therein ; (b)nothing shall be done by the licensee or any member of his party which has, or may have, the effect of exposing any part of the monument or attached lawn or garden to the risk of damage; (c)the filming operation shall be restricted to that part of the monument in respect of which the licence has been granted; (d)no extraneous matter, such as water, oil , grease or the like, shall be applied on any part of the monument; (e)the generating plant for electric power, wherever required, shall be placed away from the monument or the attached lawn or garden; (f)the filming operation shall not obstruct or hamper the movement of persons who may lawfully be within the precincts of the monument; and (g)any other condition which the Director may specify n the licence. Chapter VIII
(1)Every appeal to the Government under the Act or under these rules shall be in writing and shall be preferred within one month of the date of receipt of the order appealed against. (2)Every such appeal shall be accompanied by a copy of the order appealed against. (a)in the case of any order or notice of a general nature affecting a class of persons be published in the Andhre Pradesh Gazette; and (b)in the case of any order or notice affecting a corporation or firm, be served in the manner provided for the service of summons in rule 2 of order XXIX or rule 8 of order XXX, as the case may be, in the first Schedule to the Code of Civil Procedure, 1908: and (c)in the case of any order or notice affecting an individual person, be served on such person:-(i)by delivering or tendering it to the person concerned, or (ii)if it cannot be so delivered or tendered, by delivering or tendering it to any adult make member of the family or such person or by affixing a copy there- of on the out door at some conspicuous part of the premises in which that person is known to have last resided or carried on business or personally worked for gain, or (iii)by sending it by registered post acknowledgment due, APPENDIXFORM IApplication for permission for construction/ mining operation with in a projected area [See rule 10 (2)]