State of Tamilnadu- Act
The Tamil Nadu Ancient and Historical Monuments and Archaeological Sites and Remains Rules, 1971
TAMILNADU
India
India
The Tamil Nadu Ancient and Historical Monuments and Archaeological Sites and Remains Rules, 1971
Act 638 of 1972
- Published on 18 May 1971
- Commenced on 18 May 1971
- [This is the version of this document from 18 May 1971.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title and commencement.
- These rules may be called the Tamil Nadu Ancient and Historical Monuments and Archaeological Sites and Remains Rules, 1971.2. Definitions.
- In these rules, unless the context otherwise requires,-Chapter II
Access To Protected Monuments
3. Protected monuments governed by agreement.
4. Parts of protected monuments not open.
- The Director may, by order, direct that any specified part of a protected monument shall not be open permanently or for a specified period, to any person.5. Protected monuments when kept open.
- The protected monuments specified in the First Schedule shall remain open during the hours specified against them in that Schedule. Protected monuments which are not so specified and to which neither rule 3 nor rule 4 applies shall remain open from sunrise to sunset:Provided that an Archaeological Officer may, by notice to be exhibited in a conspicuous part of the protected monuments, direct that such monument or part thereof shall be closed temporarily for such periods as may be specified in the notice.6. Entrance fee.
- No person above the age of fifteen years shall enter any protected monument or part thereof specified in the Second Schedule except on payment of a fee often paise: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 such protected monument or part thereof.7. Exemption.
- Nothing in rule 4, rule 5 or rule 6 shall apply to an Archaeological Officer or to his representative subordinate or workman or to any Government servant on duty at a protected monument or any part thereof.8. Holding of meetings in protected monuments.
9. Prohibition of certain acts within protected monuments.
- No person shall, within a protected monument,-10. Penalty.
- Whoever-11. Grant of licence to hawk or sell goods, wares, etc. in protected monuments.
12. Grant of licence to guides to take the visitors around the protected monuments.
Chapter III
Construction and other Operations In Protected Areas
13. Application for permission to construct within protected areas.
14. Licence required for excavation.
- Subject to the provisions of section 24 of the Act, no person other than an Archaeological Officer or an officer authorised by him in this behalf, shall make any excavation for archaeological purposes in any protected area except under, and in accordance with, the terms and conditions of licence granted under rule 16.15. Application for licence.
- Every application for a licence under rule 14 shall be in Form VI and be made to the Director at least three months before the proposed date of the commencement of the excavations:Provided that the Director may entertain an application, at any time before the commencement of the excavation, if he is satisfied that the applicant had sufficient cause for not making the application in time.16. Grant or refusal of licence.
17. Period of licence.
- Every licence under rule 16 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.18. Cancellation of licence.
- The Director may, by order, cancel a licence granted under rule 16, if he is satisfied that the conduct of the excavation operations has not been satisfactory or are not in accordance with the conditions of the licence or if any further security demanded under rule 21 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 representations.19. Conditions of licence.
- Every licence under rule 16 shall be subject to the following conditions, namely:-20. Recovery from security.
- The Director may, by order, direct the deduction, from the security furnished by a licensee under rule 14,-21. Demand of further security.
- Where, during the currency of a licence, any amount has been recovered under rule 20, the Director may require the licensee, within such time as he may specify, to deposit such further sum as security as equivalent to the amount so recovered.22. Return of security.
- On the expiry or cancellation of a licence before its date of expiry, the security deposited by the licensee or the balance thereof remaining after deduction of any amount under rule 20 shall be returned to him.23. Publication of the result of excavation.
- Save as otherwise provided in rule 19, the Director shall not, without the consent of the licensee, publish the results of the excavation:Provided that the Director may publish the results if the licensee has failed to publish the results within the period specified by the Director in this behalf.24. Retention of antiquities by licensee.
- 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 importance, shall not be permitted to be retained by the licensee.25. Penalty.
- Whoever-Chapter IV
Excavation In Unprotected Areas
26. Intimation to the Government.
- The person or institution intending to undertake or authorise any person to undertake any archaeological excavation or other like operations in any area, which is not a protected area shall intimate his/ its intention to the Government at least three months prior to the proposed date of the commencement of the excavation or operation specifying the following details, namely:-27. Approval by the Government.
- The Government may, after considering the proposal, approve it or advise the applicant to modify it or to abandon it altogether.28. Deputation of an Archaeological Officer.
- The Government may depute an Archaeological Officer to inspect the excavation or operation, while it is in progress and render such advice as he deems necessary.Chapter V
Report on Excavated Antiquities by an Archaeological Officer
29. Form of report by an Archaeological Officer.
- Where, as a result of an excavation made under section 20 or 21 of the Act, any antiquities are discovered, the Archaeological Officer shall, as soon as practicable, submit a report in Form IX to the Government through the Director on the antiquities recovered during the excavation.Chapter VI
Moving of Antiquities From Certain Areas
30. Application for moving antiquities.
- Every application under sub-section (2) of section 24 of the Act shall be in Form X and made at least three months before the proposed date of the moving:Provided that the Director may entertain an application, at any time before moving the antiquities, if he is satisfied that the applicant had sufficient cause for not making the application in time.31. Grant or refusal of permission.
- On receipt of an application under rule 30, the Director may, after making such enquiry as he may deem necessary, grant permission in Form XI for the moving of all or any of the antiquities or, for reasons to be recorded, refuse such permission.Chapter VII
Mining Operation and Construction near Protected Monuments
32. Notice of intention to declare a prohibited or regulated area.
33. Declaration of prohibited or regulated area.
- After the expiry of one month from the date of the notification under rule 30 and, after considering the objections, if any, received within the said period, the Government may declare, by notification, the area specified in the notification under rule 32 or any part of such area, to be a prohibited area or, as the case may be, a regulated area for the purposes of mining operation or for construction or for both.34. Effect of declaration of prohibited or regulated area.
- No person other than an Archaeological Officer shall undertake any mining operation or any construction,-35. Application for licence.
- Every person intending to undertake any mining operation or any construction in a prohibited or regulated area shall apply to the Director in Form XII at least three months before the date of commencement of such operation or construction:Provided that the Director may entertain an application, at any time before the construction or mining operation, if he is satisfied that the applicant had sufficient cause for not making the application in time.36. Grant or refusal of licence.
37. Cancellation of licence.
- The Director may, by order, cancel a licence granted under rule 36, 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 representations.38. Removal of unauthorised buildings.
39. Penalty.
- Whoever-Chapter VIII
Copying and Filming of Protected Monuments
40. 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 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.41. Conditions of copying other monuments.
42. 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 protected monument or part thereof, except under, and in accordance with, the terms and conditions of a licence granted under rule 44.43. Application for licence.
- Every person intending to undertake any filming operation at a protected monument shall apply to the Director in Form XIV at least three months before the proposed date of the commencement of such operation:Provided that the Director may entertain an application, at any time before the filming operation is to begin if he is satisfied that the applicant had sufficient cause for not making the application in time.44. Grant or refusal of licence.
45. Cancellation of licence.
- The Director may, by order, cancel a licence granted under rule 44, if he is satisfied that any of the conditions laid down therein has been violated:Provided that no licence shall be cancelled unless the licensee has been given an opportunity to make his representations.46. Certain rules not affected.
- Nothing in rule 41 and no provision of a permission granted under rule 40 or of a licence granted under rule 44 shall affect the operation of rules 3, 4, 5, 6, 7, 8, 9 and 10.47. Penalty.
- Whoever copies or shoots 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 Rs. 500 (five hundred rupees).Chapter IX
Miscellaneous
48. Appeal.
49. Service of orders and notices.
- Every order or notice made or issued under the Act or these rules shall,-| Serial Number and district | Locality | Name of the monument | Part of monument which shall remain open duringhours other than from sunrise to sunset | Hours of opening | Remarks | |
| (1) | (2) | (3) | (4) | (5) | (6) | |
| 1. | North Acroct | Kuzham-bandal village | Gangai-konda-chole-sarar temple | whole | From 7 a.m. to 12.00 noon and 3.00 p.m. to 6.00p.m. or sunset whichever is earlier. | --- |
| 2. | Tirunelveli | Pancha-lankurichi | Palace remains of Veera-pandia Katta-bomman andBritish Soldiers tombs. | whole | -do.- | |
| 3. | Coimbatore | Velayuthampalayam | Brahmi Inscriptions on the hill | whole | -do.- | |
| 4. | Sourh Arcot | Kilakadambur | Rudrabath Temple | whole | -do.- | Key will be available with the village Karnam. |
| 5. | Tiruchirappalli | Kilaiyur | Twin temple | whole | -do.- | |
| 6. | Chingleput | Kancheepuram | Chokkeeswarar temple | whole | -do.- | Key will be available on request to the Office. |
| Locality | Taluk | District |
| Part of the monument proposed to be utilised. | ||
| Detailed descriptions of goods or wares proposed to be sold orcanvassed or advertisements to be displayed. | ||
| Number of persons proposed to be utilised for the above saidpurpose. | ||
| Approximate duration and date of commencement. | ||
| I declare that the above informations arecorrect. I also undertake to observe the provisions of the TamilNadu Ancient and Historical Monuments and Archaeological Sitesand Remains Act, 1966 (Tamil Nadu Act 25 of 1966) and the rulesmade thereunder. |
| Station : | |
| Date : | Signature of the applicant. |
| 1. | Name and address of the applicant1 | ||
| 2. | Name of the protected area within which construction/ miningoperation is proposed. | ||
| Locality | Taluk | 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 intriplicate showing in red outline the location of the building inrelation to the protected area and the plan and elevation of thebuilding should be attached; and the colour, external appearanceand method of the screening of the building and the depth down towhich the soil will be excavated for the appurtenances of thebuilding should be specified. | |||
| In the case of mining operation, a site-plan intriplicate showing in red outline the extent of the operation inrelation to the protected area should be attached; and detailsregarding the depth down to which the operation is to be carriedout, the mode of the operation, the method of the muffling ofsound, the kind and charge of blasting material and the depth andnumber of plast-holes 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. |
1. If the application is on behalf of an institution, the name thereof should be given.
I declare that the above particulars are correct. I also undertake to observe the provisions of the Tamil Nadu Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1966 (Tamil Nadu Act 25 of 1966) and the rules made thereunder.Station;Date:Seal of the organizationSignature of the applicant*Form VI[vide rule 15]Application for Licence to Excavate in a Protected Area.| 1. | Name and address of applicant1. | ||
| 2. | Name of the site, | ||
| Locality | Taluk | District | |
| 3. | Extent of the proposed excavation (a plan of thesite in triplicate showing in red outline, the extent of theproposed excavation should be attached.) | ||
| 4. | Approximate duration and date of commencement of proposedexcavation. | ||
| 5. | Approximate expenditure on the proposed excavation. | ||
| 6. | Name and status of the Director of the proposed excavation. | ||
| 7. | Details of photographic, surveying and other equipmentsavailable for the proposed excavation. |
1. If the application is on behalf of an institution, the signature should be that of the head of that institution.
I declare that the above particulars are correct. I also undertake to observe the provisions of the Tamil Nadu Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1966 (Tamil Nadu Act 25 of 1966) and the rules made thereunder.Station:Date:Seal of the InstitutionSignature of the applicant.Form VII[vide rule 16(1)]Licence for Excavation in a Protected AreaWhereas,......................... has applied for a licence for carrying out excavation operations in the protected area known as at ............................ Taluk .......................District and has undertaken to observe the provisions of the Tamil Nadu Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1966 (Tamil Nadu Act 25 of 1966), and the rules made thereunder and has further deposited the sum of Rs .................. (Rupees only) as required by the rules.I, .......................... Director of Archaeology, do hereby grant this licence under sub-rule (1) of rule 16 of the said rules to the said. to carry out excavation operations in the area indicated in red outline on the plan attached hereto.The licence is granted subject to the provisions of the said Act and Rules and is further subject to the condition that......................of shall be the Director of the excavation.The licence is not transferable. It shall be valid for commencing with the day...........of.............19.........to.........Station:Date:Seal of the Department of Archeologyof the Government of Tamil NaduSignature of the Director of Archaeology.Form VIII[vide rule 19(k)]Report on Antiquities Excavated in a Protected AreaName of site : 1LocalityTalukDistrictReport for the period from ................ 19 .......... to .............. 19| Serial Number | Class of antiquities material | Number of antiquities | Approximate age | Remarks | |
| Fragmentary | Complete | ||||
| (1) | (2) | (3) | (4) | (5) | (6) |
1. If the application is on behalf of an institution, the name thereof should be given.
2. If the application is on behalf of an institution, the signature should be that of the head of that institution.
Form IX[vide rule 29]Report on Antiquities Excavated by an Archaeological OfficerName of site:Locality:Taluk:District:Report for the period from ................... 19 ............ to ............. 19 .......| Number of antiquities | |||||
| Serial Number | Class of antiquities material | Fragmentary | Complete | Approximate age | Remarks |
| (1) | (2) | (3) | (4) | (5) | (6) |
| Station : | |
| Date : | Signature of the applicant. |
| 1. | Name and address of applicant. | ||
| 2. | Name of the place from which antiquities to be moved. | ||
| Locality | Taluk | 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 the moving. | ||
| 6. | Whether the antiquities or any of them are objects of worship. | ||
| I declare that the above particulars are correct. |
| Station : | |
| Date : | Seal of the organization |
| Signature of the applicant.1 |
| 1. | Name and address of applicant.1 | ||
| 2. | Name of the monument near or adjoining which the prohibited orregulated area is situated: | ||
| Locality | Taluk | District | |
| 3. | Nature and details of the proposed mining operationconstruction in respect of which permission is sought: | ||
| In the case of construction, a site-plan intriplicate showing in red out-map the location of the building inrelation to the monument and the prohibited or the regulated areaand the plan and elevation of the building should be attached;and the colour, external appearance and method of the screeningof the building and the depth down to which the soil will beexcavated for the appurtenances of the buildings should bespecified.) | |||
| (In the case of mining operation, a site-plan intriplicate showing in red outline the extent of the operation inrelation to the monument and the prohibited or regulated areashould be attached; and the details regarding the depth down towhich the operation is to be carried out, the mode of theoperation, the method of the muffing of sound, the kind andcharge of blasting material and the depth and number ofblast-holes to be fired at a time should be specified. | |||
| 4. | Purpose of the proposed mining operation/ construction. | ||
| 5. | Approximate duration and date of commencement of the proposedmining operation/ construction: | ||
| I declare that the above particulars arecorrect. I also undertake to observe the provisions of the TamilNadu Ancient and Historic Monuments and Archaeological Sites andRemains Act, 1966 (Tamil Nadu Act 25 of 1966) and the Rules madethereunder. |
1. If the application is on behalf of an institution, the signature should be that of the head of that institution.
If the application is on behalf of an institution, the name thereof should be given.Station:| Date: | Seal of the organization | Signature of the applicant.1 |
1. If the application is on behalf of an institution, the signature should be that of the head of that institution.
Form XIII[vide rule 36(2)]Licence for Mining Operation/ Construction within a Protected or Regulated AreaWhereas, ......................... of ............ has applied for a licence for .................... in ................. the regulated or the prohibited area near or adjoining at ............................. taluk, District and has undertaken to observe the provisions of the Tamil Nadu Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1966 (Tamil Nadu Act 25 of 1966) and the rule made thereunder.I, .......................Director of Archaeology, do hereby grant this licence under sub-rule (2) of rule 34 of the said rules to the said............. in the area indicated in red outline on the plan attached hereto.The licence is granted subject to the provisions of the said Act and rules and is further subject to the following conditions, namely:-The licence is not transferable. It shall be valid for commencing with ..............day of..........19.......| Station: | Seal of the Department of Archaeology of theGovernment of Tamil Nadu | Signature of the Director of Archaeology. |
| 1. | Name and address of applicant.1 | ||
| 2. | Name of the monument at which the proposed filming operationis to be carried out. | ||
| Locality | Taluk | District | |
| 3. | Part of the monument proposed to be filmed. | ||
| 4. | Nature and purpose of the proposed filmingoperation and the context in which the monument is proposed to befilmed (relevant extract of the script should be attached intriplicate and details of the scenes to be filmed should befurnished in triplicate.) | ||
| 5. | Number of persons in the cast. | ||
| 6. | Approximate duration and date of commencement or proposedfilming operation: | ||
| I declare that the above particulars arecorrect. I also undertake to observe the provisions of the TamilNadu Ancient and Historical Monuments and Archaeological Sitesand Remains Act, 1966 (Tamil Nadu Act 25 of 1966) and the rulesmade thereunder. |
1. If the application is on behalf of an institution, the signature should be that of the head of that institution.
Station:| Date : | Seal of the organization | Signature of the applicant. |
| Station: | Seal of the Department of Archaeology of theGovernment of Tamil Nadu | Signature of the Director of Archaeology. |