State of Punjab - Act
The Punjab Ancient and Historical Monuments and Archaeological Sites and Remains Rules, 1965
PUNJAB
India
India
The Punjab Ancient and Historical Monuments and Archaeological Sites and Remains Rules, 1965
Rule THE-PUNJAB-ANCIENT-AND-HISTORICAL-MONUMENTS-AND-ARCHAEOLOGICAL-SITES-AND-REMAINS-RULES-1965 of 1965
- Published on 29 November 1965
- Commenced on 29 November 1965
- [This is the version of this document from 29 November 1965.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
1. Short title, extent and commencement.
2. Definitions.
- In these rules, unless the context otherwise requires -Chapter II
Access to Protected Monuments3. Monuments governed by agreement.
- [Sections 6, 9, 18 and 38 (2) (c)]. - (1) Access to protected monuments 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 rules 4, 5, 6 and 7 shall be construed as affecting any such agreement or order.4. Parts of monuments not open.
- [Sections 18 and 38 (2) (c)]. - The Director may, by order, direct that any specified part of a protected monument shall not be open permanently or for specified period, to any person other than an archaeological officer, his agents, subordinates and workmen and any other Government servant on duty at such part.5. Monuments when kept open.
- [Sections 18 and 38 (2) (c) and (g) (3)]. - The protected monuments to which neither rule 3 nor rule 4 applies shall remain open from sunrise to sunset:Provided that the Government may, by notification, specify any other hours in respect of any protected monument or part thereof in which it shall remain open:Provided further that an archaeological officer may, by notice to be exhibited in a conspicuous part of the monument, direct that a protected monument, or part thereof shall be closed temporarily for such periods as may be specified in the notice.6. Entrance fee.
- [Sections 18 and 38 (2) (c)]. - The Director may, by order, levy a fee not exceeding twenty paise on each person above the age of fifteen years entering into any protected monument or part thereof as specified in the order :Provided that the Director shall obtain the prior sanction of the Government before issuing such order.7. Holding of meetings etc., in monuments.
- [Sections 16, 18 and 38 (2) (c)]. - (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.8. Prohibition of certain acts within monuments.
- [Sections 18 and 38 (2) (c) and (i)]. - No person shall, within a protected monument, -9. Penalty.
- [Section 38 (3) (iii)]. - Whoever -Chapter III
Construction and Other Operations in Protected Areas10. Permission required for construction etc.
- [Sections 19 and 38 (2) (a)]. - (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.11. Licence required for excavation.
- [Sections 21 and 38 (2) (b)]. - No person other than an archaeological officer or an officer authorised by him in this behalf shall undertake any excavation for archaeological purposes in any protected area except under and in accordance with the terms and conditions of a licence granted under rule 13.12. Application for licence.
- [Sections 21 and 38 (2) (b)]. - Every application for the purpose of excavation in the protected areas shall been Form II and be made in duplicate to the Director at least five months before the proposed date of the commencement of the excavation operations.13. Grant or refusal of licence.
- [Sections 21 and 38 (2) (b)]. - (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.14. Period of licence.
- [Sections 38 (2) (a) and (b)]. - Every licence shall be in force for such period not exceeding three 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.
- [Sections 21 and 38 (2) (b)]. - The Director may, by order, cancel a licence granted under rule 13 if he is satisfied that the conduct of the excavation operation has not been satisfactory or in accordance with conditions 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.
- [Sections 38 (2) (a) and (b)]. - Every licence shall be subject to the following conditions, namely -17. Recovery from security.
- [Sections 21 and 38 (2) (b)]. - The Director may, by order, direct the deduction from the security furnished by a licensee under rule 13 of, -18. Demand of further security.
- [Sections 21 and 38 (2) (b)]. - 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.
- [Sections 38 (1) and 38 (2) (i)]. - Any person aggrieved by an order of the Director under rule 13 or rule 15 or rule 17 may prefer an appeal to the Government; and the decision of the Government on such appeal shall be final.20. Return of security.
- [Sections 21 and 38 (2) (b)]. - 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.
- [Sections 23 and 38 (1) and (2) (d) and (i)]. - 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.
- [Sections 23 and 38 (2) (i)]. - The 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 operations as may be specified therein :Provided that human relics of historical importance and antiquities, which in the opinion of the Government are of national and regional importance, shall not be permitted to be retained by the licensee.23. Rules 11 to 22 to be supplemental to Parliament Act 24 of 1958 and certain rules made thereunder.
- [Section 38 (3)(i)]. - The provisions of rules 11 to 22 shall be subject to the provisions of and be supplemental to the provisions of section 24 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (Central Act 24 of 1958) and Rules 24 to 26 of the Ancient Monuments and Archaeological Sites and Remains Rules, 1959, framed under the said Act and such other rules and directions as may be issued by the Central Government under section 24 of the said Act.24. Penalty.
- Whoever -Chapter IV
Report on Excavated Antiquities by an Archaeological Officer25. Form of report by Archaeological Officer.
- [Sections 23 (1) (a) and 38 (2) (d)]. - Where, as a result of an excavation made by an archaeological officer in any area under section 21 or 22, any antiquities are discovered, the archaeological officer shall, as soon as practicable, submit a report in Form V to the Government through the Director on the antiquities recovered during the excavation.Chapter V
Moving of Antiquities from Certain Areas26. Application for moving antiquities.
- [Sections 25 (2) and 38 (2) (e)]. - Every application for permission to move any class of antiquities in respect of which a notification has been issued under sub-section (1) of section 25 shall be made in Form VI to the Director at last three months before the proposed date of the moving.27. Grant or refusal of permission.
- On receipt of an application under rule 26, the Director may, after making such enquiry as he may deem necessary, grant permission for the moving of all or any of the antiquates or for reasons to be recorded, refuse such permission.28. Appeal.
- [Sections 25 (3) and 38 (2) (e)]. - Any person aggrieved by an order of the Director under rule 27 may prefer an appeal to the Government; and the decision of the Government on such appeal shall be final.Chapter VI
Mining Operation and Construction Near Protected Monuments29. Notice of intention to declare a prohibited or regulated area.
- [Section 38 (2)]. - (1) Before declaring an area near or adjoining a protected monument to be a prohibited area or a regulated area for purpose of mining operation or construction or both, the Government shall by notification in the official Gazette, give 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.30. Declaration of prohibited or regulated area.
- [Section 38 (2) (a)]. - After the expiry of one month from the date of the notification under rule 29 and after considering the objections, if any, received within the said period, the Government may declare, by notification in the Official Gazette the area specified in the notification under rule 29, or any part of such area to be a prohibited area or, as the case may be, a regulated area for purpose of mining operation or construction or both.31. Effect of declaration of prohibited or regulated area.
- [Section 38 (2) (a)]. - No person other than an archaeological officer shall undertake any mining operation or any construction :-32. Application for licence.
- [Section 38 (2) (a)]. - 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.33. Grant or refusal of licence.
- [Section 38 (2)(a)]. - (1) On receipt of an application under rule 32 the Director may grant a licence or, if he is satisfied that the licence asked for should not be granted, may, for reasons to be recorded, refuse to grant a licence.34. Cancellation of licence.
- [Section 38 (2) (a)]. - The Director may, by order, cancel a licence granted under rule 33 if he is satisfied that any of its conditions have been violated :Provided that no licence shall be cancelled unless the licensee has been given an opportunity to make his objections.35. Appeal.
- [Section 38 (2) (f)]. - Any person aggrieved by an order of the Director may under rule 33 or rule 34 prefer an appeal to the Government; and the decision of the Government on such appeal shall be final.36. Removal of unauthorised buildings.
- [Section 38 (2) (a)]. (1) - The Government may, by order, direct the owner or occupier of an unauthorised building in a prohibited area or in a regulated area or of a building or part thereof which has been constructed in contravention of any of the conditions of a licence granted under rule 33 to remove such building or part thereof within a period specified in that order.37. Penalty.
- [Sections 38 (2) (a) and 38 (3) (i)]. - Whoever -Chapter VII
Copying and Filming of Protected Monument38. Permission required for copying certain monuments.
- [Sections 18 and 38 (2) (c)]. - The Director may, by order, direct that no person other than archaeological officer or an officer authorised by an archaeological officer 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.39. Conditions of copying other monuments.
- [Sections 18 and 38 (2) (c)]. - (1) Any person may copy a protected monument in respect of which no order under rule 38 has been made.40. Licence required for filming.
- [Sections 18 and 38 (2) (c)]. - No person other than an archaeological officer or an officer authorised by him in this behalf shall undertake any filming operation at a protected monument or part thereof except under and in accordance with the terms and conditions of a licence granted under rule 42.41. Application for licence.
- [Sections 18 and 38 (2) (c) and (i)]. - Every person intending to undertake any filming operation at a protected monument shall apply to the Director in Form IX at least three months before the proposed date of commencement of such operation.42. Grant or refusal of licence.
- [Sections 18 and 38 (2) (c) and (i)]. - (1) On receipt of an application under rule 41, the Director may grant a licence or, if he is satisfied that the licence asked for should not be granted, may, for reasons to be recorded, refuse 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 publicising the monument.43. Cancellation of licence.
- [Sections 18 and 38 (2) (c)]. - The Director, by order, may, after giving notice to the licensee, cancel a licence granted under rule 42 if he is satisfied that any of its conditions has been violated.44. Appeal.
- [Section 38 (20 (f)]. - Any person aggrieved by an order of the Director made under rule 42 or rule 43 may prefer an appeal to the Government and the decision of the Government on such appeal shall be final.45. Certain rules not affected.
- Nothing in rule 39 and no provision of a permission granted under rule 38 or of a licence granted under rule 42 shall affect the operation of rules 3, 4, 5, 6, 7, 8 and 9.46. Penalty.
- [Sections 18 and 38 (2) (c) and 38 (3) (iii)]. - Whoever copies or films any 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
47. Manner of preferring an appeal.
- [Section 38 (2) (f)]. - (1) Every appeal to the Government under Punjab Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1964, 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.48. Service of orders and notices.
- [Section 38 (2) (g)]. - Every order or notice made or issued under the Punjab Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1964, or these rules shall -1. Name and address of applicant [**] [If the application is on behalf of an organisatio, the name should be given.]
2. Name of the protected area within which construction/mining operation is prosed
| Locality | District |
3. Nature and details of the proposed construction mining operation in respect of which permission is sought.
(In the case of construction, a site-plan in triplicate showing in red out-line the location of the building in relation to the protected area and the plan and elevation of the building should be attached; and the colour, external appearance and method of the screening of the building and the depth down to which the soil will be excavated for the appurtenances of the building should be specified.In the case of mining operation, a site plan in triplicate showing in red outline the extent of the operation in relation to the protected area should be attached; and details regarding the depth down to which the operation is to be carried out, the mode of the operation, the method of the muffling of sound, the kind and 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 proposed construction/mining operation.
6. I declare that the above information is correct. I also undertake to observe the provisions of the Punjab Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1964, and the rules made thereunder.
| Seal of the Organisation | StationDate | Signature of the Applicant* |
1. Name and address of applicant [**] [If the application is on behalf of an organisatio, the name should be given.]
2. Name and Description of the site;
| Locality | District |
3. Details of previous exploration, if any.
4. Nature of antiquities previously found.
5. Purpose of the excavation operation.
6. Extent of the proposed excavation operation (a plan of the site in sextuplicate showing in red outline the extent of the proposed excavation operation should be attached).
7. Approximate duration and date of commencement of the proposed excavation operation.
8. Approximate expenditure on the proposed excavation.
9. Name and status of the Director of the proposed excavation or operations.
10. Details of photographic, surveying and other equipment available for the proposed excavation or operation.
11. I declare that the above information is correct. I also undertake to observe the provisions of the Punjab Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1964, and the rules made thereunder and the rules and direction which may be issued by the Central Government under the Ancient Monument and Archaeological Sites and Remains Act, 1958 (Central Act 24 of 1958).
| Seal of the Organisation | StationDate | Signature of the Applicant* |
| Seal of the Director of Archaeology,Punjab | Station Date | Signature of the Director of Archaeology, Punjab |
| Serial No. | Class of antiquities | Material | Number of Antiquities* | Approximateage | Remarks |
| Complete | Fragmentary |
| Station | Signature of the Licensee |
| Date |
| Serial No. | Class of antiquities | Material | Number of Antiquities* | Approximateage | Remarks |
| Complete | Fragmentary |
| Station | Signature of the Archaeological Officer |
| Date |
1. Name and address of Applicant*
2. Name of the place from which antiquities are to be moved.
| Locality | District |
3. Description of antiquities proposed to be moved
[Photographs showing details of the antiquities should be attached].4. Approximate date of the moving
5. Purpose of the moving
6. Whether the antiquities or any of them are objects of worship.
I declare that the above information is correct.| Seal of the Organisation | StationDate | Signature of the Applicant** |
1. Name and address of applicant
2. Name of monument near or adjoining which the regulated area is situated.
| Locality | District |
3. Nature and details of the proposed mining operation/construction in respect of which permission is sought.
In the case of mining operation, a site plan in triplicate showing in red outline the extent of the operation in relation to the monument and the regulated area should be attached; and the details regarding the depth down to which the operation is to be carried out, the mode of the operation, the method of the muffling of sound, the kind and charge of blasting material and the depth and number of blast-holes to be fired at a time should be specified.In the case of construction, a site plan in triplicate showing in red outline the location of the building in relation to the monument and the regulated area and the plan and elevation of the building should be attached; and the colour, external appearance and method of the screening of the building and the depth down to which the soil will be excavated for the appurtenances of the building should be specified).4. Purpose of the proposed mining operation/construction.
5. Approximate duration and date of commencement of the proposed mining operation/construction.
I declare that the above information is correct. I also undertake to observe the provisions of the Punjab Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1964, and the rules made thereunder.| Seal of the Organisation | StationDate | Signature of the Applicant** |
1. Name and address of applicant *
2. Name of the monument at which the proposed filming operation is to be carried out.
| Locality | District |