UT Ladakh - Act
The ANCIENT MONUMENTS PRESERVATION ACT, 1977(1920 A.D.)
LADAKH
India
India
The ANCIENT MONUMENTS PRESERVATION ACT, 1977(1920 A.D.)
Act 5 of 1977
- Published in Gazette of India on 1 April 1978
- Not commenced
- [This is the version of this document from 1 April 1978.]
- [Note: The original publication document is not available and this content could not be verified.]
An Act to provide for preservation of Ancient Monuments and of objects of archaeological, historical or artistic interest.Whereas it is expedient to provide for the preservation of ancient monuments, for the exercise,of control over traffic in antiquities and over excavation in certain places, and for the protection and acquisition in certain cases of ancient monuments and of objects of archaeological, historical or artistic interest;It is hereby enacted as follows :-(1)This Act may be called the Jammu and Kashmir Ancient Monuments Preservation Act, 1977. (2)It extends to the whole of Jammu and Kashmir State. It shall come into force on the 1st day of Baisakh 1978. (1)"Ancient monument" means any structure erection or monument, or any tumulus or place of interment, or any cave, rock-sculpture, inscription or monolith, which is of historical, archaeological or artistic interest and has been in existence for not less than one hundred years, 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 other wise preserving such monument; and (c)the means of access to and convenient inspection of an ancient monument; (2)"Antiquities" include any movable objects which the Government, by reason of their historical or archaeological associations, may think it necessary to protect against injury, removal or dispersion; (3)"Archaeological Officer" means any Officer of the Archaeology Department, not below the rank of Deputy Director; (3A)"construction" means any erection of a structure or a building, including any addition or extension thereto, either vertically or horizontally but does not include any reconstruction, repair or renovation of an existing structure or building or, construction, maintenance and cleansing of drains or drainage works or public latrines, urinals and similar conveniences, or, the construction and maintenance of works meant for providing supply of water for public, or the construction and maintenance of works meant for providing supply of water for public, or the construction, maintenance, extension and management for supply and distribution of electricity to the public, or provision for similar facilities for public; (4)"Maintain" and "maintenance," include the fencing, covering in, repairing, restoring and cleansing of a protected monument, and the doing of any act which may be necessary for die purpose of maintaining a protected monument or of securing convenient access thereto; (5)"Land" includes a revenue-free estate, a revenue paying estate, and a permanent transferable tenure whether such estate or tenure be subject to encumbrance, or not; (5A)"Minister" means the Minister-in-charge of the Archaeological Department; and (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. (7)"prescribed" means prescribed by rules framed under this Act; and (8)"State Protected Monument" means any monument declared to be protected under this Act. (1)The 1[Government] may, by notification in the Government Gazette, declare an ancient monument to be a protected monumentwithin the meaning of this Act. (2)A copy of every notification published under sub-section (1) shall befixed up in a conspicuous place on or near the monument, together with an intimationthat any objections to the issue of the notification received by 1[the Government]within two months from the date when it is so fixed up will be taken intoconsideration. (3)On the expiry of the said period of two months, 1[the Government] afterconsideration the objections, if any, shall confirm or withdraw the notification. (4)A notification published under this section shall, unless and until it iswithdrawn, be conclusive evidence of the fact that the monument to which itrelates is an ancient monument within the meaning of this Act. (1)The 2[Director, Archaeology], with the sanction of the 1[Government,] may purchaseor take a lease of any protected monument. (2)The 2[Director, Archaeology], with the like sanction, may accept a gift orbequest of any protected monument. (3)The owner of any protected monument may, by written instrument,constitute the 3[Director, Archaeology] the guardian of the monument, and theMinister may, with the sanction of the Government accept such guardianship. (4)When the 3[Director, Archaeology] has accepted the guardianship of amonument under sub-section (3), the owner shall, except as expressly provided inthis Act, have the same estate, right, title and interest in and to the monument as ifthe 2[Director, Archaeology] had not been constituted guardian thereof. (5)When the 3[Director, Archaeology] has accepted the guardianship of amonument under sub-section (3), the provisions of this Act relating to agreementsexecuted under section 5 shall apply to the written instrument executed under thesaid sub-section. (6)Where a protected monument is without an owner, the 3[Director,Archaeology] 4[may, with the prior sanction of the Government, assume] theguardianship of the monument. (1)The 1[Director, Archaeology] may, with the previous sanction of 2[the Government] propose tothe owner to enter into an agreement with 2{3[the Government}, within a specificperiod, for the preservation] of any protected monument. (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)custody of the monument, and the duties of any person who maybe employed to watch it ; (c)the restriction of the owner’s right to destroy, remove, alter or defacethe 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 portionof the public and to persons deputed by the owner or the 1[Director,Archaeology] to inspect or maintain the monument ; (e)the notice to be given to the Government in case the land on whichthe monument is situated is offered for sale by the owner, and theright to be reserved to the Government to purchase such land, orany specified portion of such land, at its market value ; (f)the payment of any expenses incurred by the owner or by theGovernment in connection with the preservation of themonument ; (g)the proprietary or other rights which are to vest in 2[theGovernment] in respect of the monument when any expenses areincurred by the Government in connection with the preservationof the monument ; (h)the appointment of an authority to decide any dispute arising outof the agreement ; and (i)any matter connected with the preservation of the monument whichis a proper subject of agreement between the owner and theGovernment. (3)An agreement under this section may be executed by the 1[Director,Archaeology] on behalf of 2[the Government] but shall not be so executed until ithas been approved by 2[the Government.][(3-A) If any owner or other person competent to enter into an agreementunder sub-section (2) for the maintenance of protected monument refuses or failsto enter into any such agreement within the specified time, the Government on themotion of Director, Archaeology, may make an order providing for all or any of thematters specified in sub-section (2) and such order shall be binding on the owneror such other person and on every person claiming title to the monument from,through or under the owner or such other person.] (4)The terms of an agreement under this section may be altered from time totime with the sanction of 2[the Government] and with the consent of the owner. (5)With the previous sanction of 2[the Government the 1[Director,Archaeology] 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 sixmonths’ notice to the 3[Director, Archaeology] 4[:][Provided that where the agreement is terminated by the owner, he shall payto the Government, the expenses, if any, incurred by the Government on themaintenance of the monument during the five years immediately preceding thetermination of the agreement or, if the agreement has been in force for a shorterperiod, during the period the agreement was in force.] (7)An agreement under this section shall be binding on any person claimingto be owner of the monument to which it relates, through or under a party by whomor on whose behalf the agreement was executed. (8)Any rights acquired by Government in respect of expenses incurred inprotecting or preserving a monument shall not be effected by the termination of anagreement under this section. (1)If the owner is unable, by reason of infancy or other disability, to act for himself, the person legallycompetent to act on his behalf may exercise the powers conferred upon an ownerby section 5. (2)In the case of village property, the headman or other village officerexercising powers of management over such property may exercise the powersconferred upon an owner by section 5. (3)Nothing in this section shall be deemed to empower any person notbeing of the same religion as the persons on whose behalf he is acting to make orexecute an agreement relating to a protected monument which or any part of whichis periodically used for the religious worship or observances of that religion. (1)If the 1[Director, Archaeology] apprehendsthat the owner or occupier of a monument intends to destroy, remove, alter, defaceor imperil the monument or to build on or near the site thereof in contravention ofthe terms of an agreement for its preservation under section 5, the 2[DeputyCommissioner] on the motion of the 1[Director, Archaeology] may make an orderprohibiting any such contravention of the agreement. (2)If an owner or other person who is bound by an agreement for thepreservation or maintenance of a monument under section 5, refuses to do any actwhich is in the opinion of the 1[Director, Archaeology] necessary to suchpreservation or maintenance, or neglects to do any such act within such reasonabletime as may be fixed by the 1[Director, Archaeology], the 1[Director, Archaeology],may authorise any person to do any such act, and the expense of doing any suchact or such portion of the expense as the owner may be liable to pay under theagreement 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 tothe Minister, who may cancel or modify it and whose decision shall be final. (1)If any owner or other person competent to enter into an agreement under section 5 forthe preservation of a protected monument, refuses or fails to enter into him by the [Director, Archaeology], and if any endowment has been created for the purposeof keeping such monument in repair or for that purpose among others, the 1[Director,Archaeology] may institute a suit in the Court of the District Judge, or, if the estimated cost of repairing the monument does not exceed 1[one lakh rupees], maymake an application to the District Judge for the proper application of suchendowment or part thereof. (2)On the hearing of an application under sub-section (1), the District Judgemay summon and examine the owner and any person whose evidence appears tohim necessary, and may pass an order for the proper application of the endowmentor of any part thereof, and any such order may be executed as if it were the decreeof a Civil Court. (1)If 2[the Government] apprehends that a protected monument is in danger of being destroyed, injured orallowed to fall into decay, 2[the Government] may proceed to acquire it under theprovisions of the Land Acquisition Act, as if the preservation of a protectedmonument were a “public purpose” within the meaning of that Act. (2)The powers of compulsory purchase conferred by sub-section (1) shallnot be exercised in the case of––(a)any monument which or any part of which is periodically used forreligious observances ; or(b)any monument which is the subject of a subsisting agreementexecuted under section 5. (3)In any case other than the cases referred to in sub-section (2) the saidpowers of compulsory purchase shall not be exercised unless the owner or otherperson competent to enter into an agreement under section 5 has failed, withinsuch reasonable period as the 3[Director, Archaeology] may fix in this behalf, toenter into an agreement proposed to him under the said section or has terminatedor given notice of his intention to terminate such an agreement.[10-A.] Power of Government to control mining etc. near ancientmonuments.–– (1)If the Government is of opinion that mining, quarrying, excavating,blasting and other operations of a like nature should be restricted or regulated forthe purpose of protecting or preserving any ancient monument, the Governmentmay, by notification in the Government Gazette, make rules :––(a)fixing, the boundaries of the area to which the rules are to apply ; (b)forbidding the carrying on of mining, quarrying, excavating, blastingor any operation of a like nature except in accordance with the rulesand with the terms of a licence ; [(bb) prohibiting any person including the owner or occupiers of themonument from constructing any building within the protectedarea or utilising such area or any part thereof in any manner withoutthe permission of the Government ;] and(c)prescribing the authority by which and the terms on which licencesmay be granted to carry on any of the said operations. (2)The power to make rules given by this section is subject to the conditionof the rules being made after previous publication. (3)A rule made under this section may provide that any person committinga breach thereof shall be punishable with fine which may extend to 2[twentythousand rupees]. (4)If any person or occupier of land included in a notification under sub-section (1) proves to the satisfaction of the Government that he has sustained lossby reason of such land being so included, the Government shall pay compensationin respect of such loss.][(5) The Government may, by order, direct that any building constructed byany person within a protected area in contravention of provisions of sub-section (1)shall be removed within a specified period and if the person refuses or fails tocomply with the order, the Deputy Commissioner, on the motion of Director,Archaeology may cause the building to be removed and the person shall be liableto pay cost of such removal to be recovered as arrears of land revenue.][10-B.] Prohibited and regulated areas.––Every area, beginning at the limitof the protected area or the protected monument, as the case may be, and extendingto a distance of 100 metres in all directions shall be the prohibited area in respect ofsuch protected area or protected monument, both in respect of protectedmonuments, declared as such or which are proposed to be declared as suchprotected monument under section 3 :Provided that the Government may on the recommendation of the Director,Archaeology by notification in the official Gazette, specify an area exceeding thedistance of hundred metres to be the prohibited area.[10.-C.] Construction in and around protected monument.––No newconstruction shall be allowed in and around the prohibited area, as specified ordeclared under this Act :Provided that the Government may, on the recommendation of the Director,Archaeology and in the public interest, create public amenities in the area.] (1)The 1[Director, Archaeology] shall maintain every monument in respect of which the Governmenthas acquired any of the rights mentioned in section 4 or which the Government hasacquired under section 10. (2)When the 1[Director, Archaeology] has accepted the guardianship of amonument under section 4, he shall, for the purpose of maintaining such monument,have access to the monument at all reasonable times, by himself or by his agents,subordinates and workmen, for the purpose of inspecting the monument, and forthe purpose of bringing such materials and doing such acts as he may considernecessary or desirable for the maintenance thereof. (1)A place of worship or shrine maintained by the Government under this Act shallnot be used for any purpose inconsistent with its character. (2)Where the 2[Director, Archaeology] has, under section 4, purchased ortaken a lease of any protected monument, or has accepted a gift or bequest, 3[orhas accepted] the guardianship thereof, and such monument, or any part thereof isperiodically used for religious worship or observances by any community, the[Director, Archaeology] in consultation with the Deputy Commissioner shall makedue provision for the protection of such monument, or such part thereof frompollution or desecration––(a)by prohibiting the entry therein, except in accordance withconditions prescribed with the concurrence of the persons inreligious charge of the said monument or part thereof, of any person not entitled so to enter by the religious usages of the communityby which the monument or part thereof is used, or(b)by taking such other action as he may think necessary in this behalf. (1)Subject to such rules as may after previous publication be made by 1[the Government], the publicshall have a right of access to any monument maintained by the Government underthis Act. (2)In making any rule under sub-section (1) 1[the Government] may providethat a breach of it shall be punishable with fine which may extend to 2[one thousandrupees]. (1)If 1[the Government] apprehends that antiquities are being sold or removed to the detrimentof the State or of any neighbouring country, it may, by notification in the GovernmentGazette, prohibit or restrict the bringing or taking of any antiquities or class ofantiquities described in the notification into or out of the State or any specified Part of – the State. (2)Any persons who brings or takes or attempts to bring or take any suchantiquities into or out of the State or any part of the State in contravention of anotification issued under sub-section (1), shall be punishable with fine which mayextend to 1[twenty thousand rupees, or with imprisonment which may extend tothree months or with both]. (3)Antiquities in respect of which an offence referred to in sub-section (2)has been committed shall be liable to confiscation. (4)A Revenue Officer not lower in rank than a Naib-Tehsildar, 2[an Officer ofPolice not below the rank of Deputy Superintendent of Police or an Officer ofArchaeology Department not below the rank of Assistant Director], duly empoweredby 3[the Government] in this behalf, may search any vessel, cart or other means ofconveyance, and may open any baggage or package of goods, if he has reasons tobelieve that goods in respect of which an offence has been committed under sub-section (2) are contained therein. (5)A person who complains that the power of search mentioned in sub-section (4) has been vexatiously or improperly exercised may address his complaintto 3[the Government] and 3[the Government] shall pass such order and may awardsuch compensation, if any, as appears to it to be just.PROTECTION OF SCULPTURES, CARVINGS, IMAGES, BASRELIEFS,INSCRIPTIONS OR LIKE OBJECTS (1)If 4[the Government] consider that any sculptures, carvings,images, bas-reliefs, inscriptions or other like objects ought not to be moved fromthe place where they are without the sanction of the Government, 4[the Government]may, by notification in the Government Gazette, direct that any such object or anyclass of such objects shall not be moved unless with the written permission of the [Director, Archaeology]. (2)A person applying for the permission mentioned in sub-section (1) shall specifythe object or objects which he proposes to move, and shall furnish, in regard tosuch object or objects, any information which the 5[Director, Archaeology] mayrequire. (3)If the 5[Director, Archaeology] refuses to grant such permission, the applicantmay appeal to the Minister, whose decision shall be final. (4)Any person who moves any object in contravention of a notificationissued under sub-section (1), shall be punishable with fine which may extend to [twenty thousand rupees or with imprisonment which may extend to three monthsor both]. (5)If the owner of any property proves to the satisfaction of 2[theGovernment] that he has suffered any loss or damage by reason of the inclusion ofsuch property in a notification published under sub-section (1), 2[the 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 compensation for any loss or damage sustained by the ownerof such property, if it be immovable. (1)If 2[the Government] apprehend that any object mentioned in a notification issuedunder section 18, sub-section (1) is in danger of being destroyed, removed, injuredor allowed to fall into decay, 2[the Government] may pass orders for the compulsorypurchase of such object at its market value, and the 3[Director, Archaeology] shallthereupon give notice to the owner of the object to be purchased. (2)The power of compulsory purchase given by this section shall notextend to––(a)any image or symbol actually used for the purpose of any religiousobservance ; or(b)anything which the owner desires to retain on any reasonableground personal to himself or to any of his ancestors or to anymember of his family.ARCHAEOLOGICAL EXCAVATION (1)If theGovernment is of opinion that excavation for archaeological purposes in any areashould be restricted or regulated in the interest of archaeological research, theGovernment may, by notification in the Government Gazette specifying theboundaries of the area, declare it to be a protected area. (2)From the date of such notification all antiquities buried in the protectedarea shall be the property of Government and shall be deemed to be in the possessionof Government, and shall remain the property and in the possession of theGovernment until ownership thereof is transferred; but in all other respects therights of any owner or occupier of and in such area shall not be affected.[20.-A.] Power to enter upon and make excavation in a protected area.–– (1)Any officer of the Archaeological Department or any person holding a licenceunder section 20-B may, with the written permission of the 1[Deputy Commissionerof the District] or in the case of Ladakh District, the 2[Deputy Commissioner] ofthat District, enter upon and make excavations in any protected area. (2)Where in the exercise of the power conferred by sub-section (1) therights of any person are infringed by the occupation or disturbance of the surfaceof any land, the Government shall pay to that person compensation for theinfringement.[20.-B.] Power of Government to make rules regulating archaeologicalexcavation in protected areas.–– (1)The Government may make rules,––(a)prescribing the authorities by whom licence to excavate forarchaeological purposes in a protected area may be granted ;(b)regulating the condition on which such licences may be granted, theform of such licences and the taking of security from licensees ;(c)prescribing the manner in which antiquities found by a licenseeshall be divided between 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 conditionof rules being made after previous publication. (3)Such rules may be general for all protected areas for the time being, ormay be special for any particular protected area or areas. (4)Such rules shall provide that any person committing a breach of any suchrule or any condition of a licence issued under this section shall be punishablewith fine which may extend to 3[twenty thousand rupees], and may further providethat where the breach has been by the agent or servant of a licensee, the licenseehimself shall be punishable.[20.-C.] Power to acquire a protected area.––If the Government is of opinionthat a protected area contains an ancient monument or antiquities of nationalinterest, it may acquire such area, or any part thereof, under the State LandAcquisition Act No. 10 of 1990 as for a public purpose.]GENERAL