State of Madhya Pradesh - Act
The M.P. Ancient Monuments and Archaeological Sites and Remains Rules, 1976
MADHYA PRADESH
India
India
The M.P. Ancient Monuments and Archaeological Sites and Remains Rules, 1976
Rule THE-M-P-ANCIENT-MONUMENTS-AND-ARCHAEOLOGICAL-SITES-AND-REMAINS-RULES-1976 of 1976
- Published on 10 March 1999
- Commenced on 10 March 1999
- [This is the version of this document from 10 March 1999.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title.
- These rules may be called The Madhya Pradesh Ancient Monuments and Archaeological Sites and Remains Rules, 1976.2. Definitions.
- In these rules, unless the context otherwise requires,-Chapter II
Access to State-Protected Monuments
3. Monuments governed by agreement.
4. Parts of Monuments not open.
- The Director, may by order direct that any specified part of a State-protected monument shall not be open, permanently or for a specified period, to any person other than an archaeological officer, his agent, subordinates and any other Government servant on duty at such part.5. Monuments when kept open.
6. Entrance fee.
- No person above the age of fifteen years shall enter any State-protected monument or part thereof specified in the Second Schedule except on payment of such fee as may be prescribed by the Director:Provided that the Director may, by order direct that on such occasions and for such periods as may be specified in the order, no fee shall be charged for entry into a State-protected monument or part thereof.7. Holding of meetings, etc. in monuments.
8. Prohibition of certain acts within monuments.
- No person shall within a State-protected monument:-9. Penalty.
- Whoever-Chapter III
Construction and other Operations In State-Protected Areas
10. Permission required for construction, etc.
11. Licence required for excavation.
- No person other than the Director or an Archaeological Officer authorised by him in this behalf shall undertake any excavation for archaeological purposes in any State-protected area except under and in accordance with the terms and conditions of a licence granted under Rule 13.12. Application for licence.
- Every application for a licence shall be in Form II and be made to the Director at least six months before the proposed date of the commencement of the excavation operations.13. Grant or refusal of licence.
14. Period of licence.
- Every licence shall be in force for such period not exceeding two years as may be specified in the licence :Provided that the Director may on application made to him at least one month before the expiry of a licence, extend its period by one year at a time so that the aggregate period does not exceed five years.15. Cancellation of licence.
- The Director may, by order, cancel a licence granted under Rule 13 if he is satisfied that the conduct of the excavation operations has not been satisfactory or in accordance with the condition of the licence, or if any further security demanded under Rule 18 has not been deposited within the specified time :Provided that no licence shall be cancelled unless the licensee, has been given an opportunity to make his objections.16. Conditions of licence.
- Every licence shall be subject to the following conditions, namely:17. Recovery from security.
- The Director may, by order direct the deduction from the security furnished by a licensee under Rule 13 of-18. Demand for further security.
- Where, during the currency of a licence, any amount has been recovered under Rule 17, the Director may require the licensee, within such time as he may specify to deposit such further sum as security as is equivalent to the amount so recovered.19. Appeal.
- Any person aggrieved by an order of the Director under Rule 13 or Rule 15 or Rule 17 may prefer an appeal to the State Government and the decision of that Government on such appeal shall be final.20. Return of Security.
- On expiration or earlier cancellation of a licence, the security deposited by the licensee or the balance thereof remaining after deduction of any amount under Rule 17 shall be returned to him.21. Publication of the result of excavation.
- Save as otherwise provided in Rule 16, the Director, shall not, without the consent of the licensee, publish the results of the excavation unless the licensee has failed to publish the results within the period specified by the Director in this behalf.22. Retention of antiquities by licensee.
- The State Government may by order, subject to such terms and conditions as may be specified permit the licensee to retain such of the antiquities recovered during the excavation operation as may be specified therein :Provided that human relics of historical importance and antiquities which in the opinion of the State Government are of outstanding importance, shall not be permitted to be retained by the licensee.23. Penalty.
- Whoever-Chapter IV
Report on Excavated Antiquities by The Director
24. Form of report by the Director.
- Where, as a result of an excavation made by the Director in any area under Section 21 any antiquities are discovered, the Director shall, as soon as practicable, submit a report in Form V to the State Government on the antiquities recovered during the excavation.Chapter V
Moving of Antiquities From Certain Areas
25. Application for moving antiquities.
- Every application for permission to move any antiquities or any class of antiquities in respect of which a notification has been issued under sub-section (1) of Section 23 shall be made in Form VI to the Director at least three months before the proposed date of the moving.26. Grant or refusal of permission.
- On receipt of the application under Rule 25, the Director may, after making such enquiry as he may deem necessary, grant permission for the moving of all or any of the antiquities or, for reasons to be recorded refuse such permission.27. Appeal.
- Any person aggrieved by an order of the Director under Rule 26 may prefer an appeal to the State Government and the decision of that Government on such appeal shall be finalChapter VI
Mining Operation and Construction Near State-Protected Monuments
28. Notice of intention to declare a prohibited or regulated area.
29. Declaration of prohibited or regulated area.
- After the expiry of one month from the date of the notification under Rule 28 and after considering the objections, if any, received within the said period, the State Government may declare, by notification in the Official Gazette, the area specified in the notification under Rule 28, or any part of such area; to be a prohibited area or, as the case may be, a regulated area for purposes of mining operation or construction or both.30. Effect of declaration of prohibited or regulated area.
31. Application for licence.
- Every person intending to undertake any mining operation or any construction in a regulated area shall apply to the Director in Form VII at least three months before the date of commencement of such operation or construction.32. Grant or refusal of licence.
33. Cancellation of licence.
- The Director may, by order, cancel a licence granted under Rule 32, if he is satisfied that any of its conditions has been violated :Provided that no licence shall be cancelled unless the licensee has been given an opportunity to make his objections.34. Appeal.
- Any person aggrieved by an order of the Director made under Rule 32 or Rule 33, may prefer an appeal to the State Government and the decisions of that Government on such appeal shall be final.35. Removal of unauthorised buildings.
36. Penalty.
- Whoever-Chapter VII
Copying and Filming of State-Protected Monuments
37. Permission required for copying certain monuments.
- The Director may, by order, direct that no person other than an archaeological officer or an officer authorised by him in this behalf shall copy any specified monument or part thereof except under and in accordance with the terms and conditions of a permission in writing granted by an archaeological officer.38. Conditions of copying other monuments.
39. Licence required for filming.
- No person other than an archaeological officer or an officer authorised by him in this behalf shall undertake any filming operation at a State-protected monument or part thereof except under and in accordance with the terms and conditions of licence granted under Rule 41.40. Application for licence.
- Every person intending to undertake any filming operation at a State-protected monument shall apply to the Director in Form IX at least three months before the proposed date of the commencement of such operation.41. Grant or refusal of licence.
42. Cancellation of licence.
- The Director, by order, may after giving notice to the licensee, cancel a licence granted under Rule 41 if he is satisfied that any of the conditions has been violated.43. Appeal.
- Any person aggrieved by an order of the Director made under Rule 41 or Rule 42 may prefer an appeal to the State Government; and decision of that Government on such appeal shall be final.44. Certain rules not affected.
- Nothing in Rule 38 and no provision of a permission granted under Rule 37 or of a licence granted under Rule 41 shall affect the operation of Rules 3, 4, 5, 6, 7, 8, and 9.45. Penalty.
- Whenever copies or films any State-protected monument or does any other act, in contravention of any provision of this chapter or of any permission or licence granted thereunder shall be punishable with fine which may extend to five hundred rupees.Chapter VIII
Miscellaneous
46. Manner of preferring an appeal.
47. Service of orders and notices.
- Every order or notice made or issued under the Madhya Pradesh Ancient Monuments and Archaeological Sites and Remains Act, 1964 or these rules shall-48. Manner in which claim to be preferred for compensation u/s 27.
- A claim for compensation under sub-section (1) of Section 27 shall be made in Form XI. It shall be submitted to the Director through the Collector of the District in which the property injuriously affected by the notification under Section 16 (1) is situated and where such property is situated in more than one districts, through the Collector of any of such districts.49. Repeal and Saving.
- All rules corresponding to these rules in force in any region of the State immediately before the commencement of these rules are hereby repealed:Provided that anything done or any action taken under the rules so repealed shall, so far as it is not inconsistent with the provisions of these rules, be deemed to have been done or taken under the corresponding provisions of these rules.The First ScheduleHours during which certain State-protected monuments or parts thereof will remain open.(See Rule 5)| S. No. | District | Locality | Name of State-protected Monument | Part of monument which shall remain open duringhours other than from sunrise to sunset | Hours of opening |
| (1) | (2) | (3) | (4) | (5) | (6) |
| S.No. | District | Locality | Name of State-protected monument | Part of monument for which payment of fee isrequired |
| (1) | (2) | (3) | (4) | (5) |
| 1. | Name and address of applicant (If the application is on behalfof an organisation the name thereof should be given). | .................... |
| 2. | Name of the State-protected area within whichconstruction/mining operation is proposed, Locality.......District | .................... |
| 3. | Nature and details of the proposed construction/miningoperation in respect of which permission is sought. | .................... |
| (In case of construction, a site plan intriplicate showing in red outline the location of the building inrelation to the State-protected areas and the plan and elevationof the building should be attached, and the colour, externalappearance and method of the screening of the building and thedepth down to which the soil will be excavated for theappurtenances of the building should be specified. In the case ofmining operation, a site plan in triplicate showing in redoutline the extent of the operation in relation to theState-protected area should be attached; and details regardingthe depth down to which the operation is to be carried out, themode of operation, the method of the muffling of sound, the kindthe charge of blasting material and the depth and number of blastholes to be fired at a time should be specified.) | ||
| 4. | Purpose of the proposed construction/mining operation. | .................... |
| 5. | Approximate duration and date of commencement of the proposedconstruction/mining operation. | .................... |
| Seal of the Organisation | Station | Signature of applicant |
| Date | ||
| (If the application is on behalf of anorganisation, the signature should be that of the head of thatOrganisation) |
| 1. | Name and address of the applicant (If the application is onbehalf of an institution the name thereof should be given). | |
| 2. | Name of site Locality .................. | District....... |
| 3. | Nature of antiquities previously found | ................... |
| 4. | Details of previous exploration, if any | ................... |
| 5. | Purpose of excavation or operation | ................... |
| 6. | Extent of proposed excavation. (A) plan of the site intriplicate showing in red outline the extent of the proposedexcavation or operation should be attached. | ................... |
| 7. | Approximate duration and date of commencement of the proposedexcavation. | ................... |
| 8. | Approximate expenditure on the proposed excavation | ................... |
| 9. | Name and status of the Supervisor or the excavation oroperation | ................... |
| 10. | Details of photographic, surveying and other equipmentsavailable for the proposed excavation. | ................... |
| Seal of the Organisation | Station | Signature of applicant |
| Date | ||
| (If the application is on behalf of an institution, that of the head of that institution). |
| Seal of the Directorate ofArchaeology and Museums, MP | StationDate | .................Signature of Director of Archaeology. |
| S. No. | Class of antiquities | Material | Number of Antiquities | Approximate age | Remarks | |
| Complete | Fragmentary | |||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| Station............. | ............................ |
| Date............ 20...... | Signature of the Licensee |
| S. No. | Class of antiquities | Material | Number of Antiquities | Approximate age | Remarks | |
| Complete | Fragmentary | |||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| Station............. | ............................ |
| Date............ 20...... | Signature of the Director |
| 1. | Name and address of the applicant (If the application is onbehalf of an organization, the name thereof should be given) | ................... |
| 2. | Name of the place from which antiquities are to be removedlocality......... District | ................... |
| 3. | Description of antiquities proposed to be moved | ................... |
| (Photographs showing details of the antiquities should beattached) | ||
| 4. | Approximate date of the moving | ................... |
| 5. | Purpose of moving | ................... |
| 6. | Whether the antiquities or any of them are object of worship. | ................... |
| Seal of the Organisation | Station | Signature of applicant |
| Date | ||
| (If the application is on behalf of an organisation, the Signature should be that of the head of that Organisation). |
| 1. | Name and address of applicant | ................... |
| 2. | Name of the monument near or adjoining which the regulatedarea is situated. | |
| Locality........District | ................... | |
| 3. | Nature and details of the proposed miningoperation/construction in respect of which permission is sought. | ................... |
| (In case of mining operation, a site plan intriplicate showing in red outline the extent of the operation inrelation to the monument, and the regulated area should beattached; and the details regarding the depth down to whichoperation is to be carried out, the mode of the operation, themethod of the muffling sound, the kind and charge of blastingmaterial and the depth and number of blast-holes to be fired at atime should be specified. In case of construction, a site plan intriplicate showing in red outline the location of the building inrelation to the monument and the regulated area and the plan andelevation of the building should be attached, and the colour,external appearance and method of the screening of the buildingand the depth down to which the soil will be excavated for theappurtenances of the building should be specified.) | ||
| 4. | Purpose of the proposed mining operation/construction. | ................... |
| 5. | Approximate duration and date of commencement of the proposedmining operation/construction. | ................... |
| Seal of the Directorate ofArchaeology and Museums, MP | StationDate | .................Signature of Director of Archaeology. |
| 1. | Name and address of applicant | ................. |
| 2. | Name of the State-protected monument at which the proposedfilming operation is to be carried out Locality............. | |
| District | ................. | |
| 3. | Part of the monument proposed to be filmed. | ................. |
| 4. | Nature and purpose of the proposed filming operation and thecontext in which the monument is proposed to be filmed (relevantextract of the script should be attached in triplicate anddetails of the scenes to be filmed should be furnished intriplicate) | ................. |
| 5. | Number of persons in the cast. | ................. |
| 6. | Approximate duration and date of commencement of proposedfilming operation. | ................. |
| Seal of the Organisation | Station | ..................... |
| Date | Signature of applicant |
| Seal of the Directorate ofArchaeology and Museums, MP | StationDate | .................Signature of Director of Archaeology. |
| 1. | Name of the applicant | .................... |
| 2. | Address of applicant | .................... |
| 3. | Name of protected monument concerned and No. and date of thenotification under Section 16 (1) by the coming into force ofwhich property of the applicant is injuriously affected. | .................... |
| 4. | Description of the property affected with details of khasraNo., area, locality, village, tahsils, district | .................... |
| 5. | Purpose to which property was utilised before coming intoforce of notification under Section 16 (1). | .................... |
| 6. | Approximate Income from the property affected for the lastthree years immediately before the issue of notification underSection 16 (1). | .................... |
| 7. | Details regarding taxes etc. paid during last three years. | .................... |
| 8. | Extent of loss suffered due to coming into force ofnotification under Section 16 (1). | .................... |