State of Maharashtra - Act
The Maharashtra Ancient Monuments and Archaeological Sites and Remains Rules, 1962
MAHARASHTRA
India
India
The Maharashtra Ancient Monuments and Archaeological Sites and Remains Rules, 1962
Rule THE-MAHARASHTRA-ANCIENT-MONUMENTS-AND-ARCHAEOLOGICAL-SITES-AND-REMAINS-RULES-1962 of 1962
- Published on 15 April 1968
- Commenced on 15 April 1968
- [This is the version of this document from 15 April 1968.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title, extent and commencement.
2. Definitions.
- In these rules, unless the context otherwise requires of-Chapter II
Access to Protected Monuments
3. Monuments governed by agreement.
4. [ Power to keep closed any monument or part thereof temporarily. [Substituted by G. N. of 15.4.1968.]
- If in the opinion of the Director an emergency exists requiring temporary closure of any protected monument or part thereof to the public, he may, by order, direct that a protected monument or any part thereof shall not be open during such period as may be specified by him to any person other than an Archaeological Officer, his agents, subordinates and workmen and any other Government servant on duty at such monument or part thereof.]5. Monuments when kept open.
6. Entrance fee.
- The protected monuments or any part thereof, entry into which can be had only on payment of fee shall be notified by the State Government in the Official Gazette in the [form] [Substituted by G. N. of 15.4.1968.] as set out in the Second Schedule; and no person above the age of fifteen years shall enter any such protected monument or part thereof except on payment of a fee of fifteen naye paise :Provided that, the Director may, by order, direct that, on such occasions and for such period as may be specified in the order, no fee shall be charge for entry into a protected monument or part thereof.7. Holding of meetings etc. in monuments.
8. Prohibition of certain acts within monuments.
9. Penalty.
- Whoever -Chapter III
Construction [or] [Substituted by G.N. of 15.4.1968.] Mining [or] [Substituted by G.N. of 15.4.1968.] Excavation Operations in Protected Areas
10. Application for permission under section 21(1), for construction or carrying on mining operations.
- Every application for permission of the State Government under sub-section (1) of section 21 shall be made in Form I, at least three months before the date of commencement of the construction or, as the case may be, mining operation for which the permission is required.11. Licence required for excavation.
- Subject to the provisions of section 24 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, no person other than an Archaeological Officer or an Officer authorised by him in this behalf shall enter upon and make excavations 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 excavation licence.
- Every application for a licence under rule 13 shall be made in Form II to the Director, at least four months before the date proposed for the commencement of the excavation operations.13. Grant or refusal of licence.
14. Period of licence.
- Every licence granted under rule 13 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.
- 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 conditions of the licence, or if any further security demanded under rule 18 has not been deposited within the specified timeProvided that, no licence shall be cancelled unless the licensee has been given an opportunity of being heard.16. Conditions of licence.
- Every licence granted under rule 13 shall be subject to the provisions of the Act and these rules and the following conditions, namely :-17. Recovery from security.
- Where by reason of the excavation operations carried on by the licensee, any compensation becomes payable under section 27 to the owner or occupier of the land excavated, the Director may, by order direct that an amount equal to such compensation shall be deducted from the amount of security furnished by the licensee under rule 13.18. 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 in that behalf, 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, whose decision on such appeal shall be final.20. Return of security.
- On the expiration or the cancellation of a licence, the security deposited by the licensee [or the balance] [Substituted by G.N. of 15.4.1968.] thereof remaining after deduction of any amount under rule 17 shall be returned to him.21. Publication of results of excavation.
22. Retention of antiquity 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 operations as may be specified therein :Provided that, human relics and antiquities, which in the opinion of the State Government are of historical or archaeological importance, shall not be permitted to be retained by the licensee.23. Penalty.
- Whoever,-Chapter IV
Report on Excavated Antiquities by Archaeological Officer [or Licensee] [Added by G. N. of 15.4.1968.]
24. Form of report by an Archaeological Officer [or Licensee] [Added by G. N. of 15.4.1968.].
- Where, as a result of an excavation made by [an Archaeological Officer or a Licensee in area] [Substituted by G. N. of 15.4.1968.] under section 23, any antiquities are discovered, [the Archaeological Officer or the Licensee shall,] [Substituted by G. N. of 15.4.1968.] as soon as practicable, submit a report in Form V to the State Government through the Director, 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 25 shall be made in Form VI to the Collector, at least three months before the date on which it is desired to move him.26. Grant or refusal of permission.
- On receipt of an application under rule 25, the Collector may, after making such inquiry as he may deem necessary and consulting the Director 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 Collector under rule 26 may prefer an appeal to the State Government, whose decision on such appeal shall be final.Chapter VI
Construction [or Mining] [Substituted by G. N. of 15.4.1968.] Operations Adjoining or Near Protected Monuments
28. Licence required for [construction or mining operations] [Substituted by G. N. of 15.4.1968.] adjoining or near protected monuments.
- No person other than an Archaeological Officer shall undertake any mining operation near [a protected monument] [Substituted by G. N. of 15.4.1968.] or any construction on land adjoining such monument, except under and in accordance with the terms and conditions of a licence granted by the Director.29. Application for licence.
- Any person intending to undertake any mining operation or any construction as aforesaid may apply to the Director in Form VII at least three months before the date of commencement of such operation or construction.30. Grant or refusal of licence.
31. Cancellation of licence.
- The Director may, by order, cancel a licence granted under rule 30, 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 of being heard.32. Appeal.
- Any person aggrieved by an order of the Director made under rule 30 or rule 31 may prefer an appeal to the State Government whose decision on such appeal shall be final.33. Removal of unauthorised buildings.
34. Penalty.
- Whoever -Chapter VII
Copying and Filming of Protected Monuments
35. Further regulation of right of access.
- The right of access of the public to a protected monument shall be subject to the provisions of the additional rules prescribed in this Chapter.36. Permission required for copying certain monuments.
- The Director may, by order, direct that no person visiting any specified monument shall copy 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.37. Conditions of copying other monuments.
38. Licence required for filming.
- No person visiting a protected monument shall undertake any filming operation at the protected monument or part thereof, except under and in accordance with the terms and conditions of a licence granted under rule 40.39. Application for licence.
- 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 the commencement of such operation.40. Grant or refusal of licence.
- [(1) On receipt of an application under rule 39, the Director may on being satisfied that the film is proposed to be taken for promoting education or with a view to giving publicity, adequate information, regarding the monument and that the film will not be used in contravention of the Act or the rules made thereunder and that it will not otherwise be misused, grant a licence in Form X.] [Substituted by G.N. of 15.4.1968.]41. Cancellation of licence.
- The Director may, by order, cancel a licence granted under rule 40 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 of being heard.42. Appeal.
- Any person aggrieved by an order of the Director made under rule 40 or rule 41 may prefer an appeal to the State Government, whose decision on such appeal shall be final.43. Certain rules not affected.
- Nothing in rule 37 and no provision of a permission granted under rule 36 or of a licence granted under rule 40 shall affect the operation of rules 3, 4, 5, 6, 7, 8, and 9.44. Penalty.
- 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 [on conviction] [Substituted by G. N. of 15.4.1968.] be punished with fine which may extend to five hundred rupees.Chapter VIII
State Advisory Board
45. Name and Constitution of Board.
| (a) | The Secretary to the Government of Maharashtraor any other officer of his status in charge of EducationDepartment as may be specified by Government (ex officio). | President |
| (b) | The Director of Archives and HistoricalMonuments (ex officio). | Member-Secretary |
| (c) | Eight persons to be nominated by the StateGovernment, on the recommendation of the Director, of whom fourshall be representing[the archival] [Substituted by G. N. of 15.4.1968.]interests and fourarchaeological interests. | Member |
46. Terms of office of members.
47. Appointment of Assistant Secretaries.
- The Director may nominate, [from amongst the members] [Substituted by G. N. of 15.4.1968.] of his staff, two persons to function as the Assistant Secretaries of the Board, one representing the Archives and the other the Archaeology Department.48. Meetings of Board.
49. Travelling allowance to members.
- The members of the Board nominated under clause (c) of sub-rule (1) of rule 45, the Expert Co-opted Members and the Associated Members shall be entitled to payment of travelling allowance in accordance with scale I in rule 1(i)(b) in section 1 of Appendix XLII-A of the Bombay Civil Services Rules, 1959, Volume II, for journeys performed by them to attend any meeting of the Board or to discharge any functions entrusted to them by the Board.Chapter IX
Miscellaneous
50. Manner of preferring an appeal.
51. Service of orders and notices.
- Every order or notice made or issued under the Act or under these rules shall -| Sr. No. | District | Locality | Name of Monument | Part of monument which shall remain open duringhours other than from sunrise to sunset | Hours of opening |
| (1) | (2) | (3) | (4) | (5) | (6) |
| Sr. No. | District | Locality | Name of Monument | Part of monument which shall remain open duringhours other than from sunrise to sunset |
| (1) | (2) | (3) | (4) | (5) |
| 1. | [Name and address of applicant.] [[If the application is on behalf of an organisation, the namethereof should be given.]] | ||
| 2. | Name of the protected area within whichconstruction/mining operation is proposed to be carried on. | Locality | District |
| 3. | Nature and details of the proposed construction/mining operation in respect of which permission is sought. (Inthe case of construction, a site-plan in triplicate showing inred outline the location of the building in relation to theprotected area and the plan and elevation of the building shouldbe attached; and the colour, external appearance and method ofthe screening of the building and the depth down to which thesoil will be excavated for the appurtenances of the buildingshould be specified. | ||
| In case of mining operation, a site-plan intriplicate showing 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 blast-holes to be fired at a time should be specified.) | |||
| 4. | Purpose of the proposed construction/miningoperation. | ||
| 5. | Approximate duration and date of commencement ofthe proposed construction mining operation. |
| [Signature of the Applicant] [If the application is behalf of an organisation, the signature should be that of the head of that organisation.] |
| 1. | [Name and addressof applicant.] [[If the application is on behalf of aninstitution, the name thereof should be given.]] | ||
| 2. | Name of the site. | Locality | 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 ofthe proposed excavation. | ||
| 5. | Approximate expenditure on the proposedexcavation. | ||
| 6. | Name and status of (he director of the proposedexcavation. | ||
| 7. | Details of photographic surveying and otherequipments available for the proposed excavation. |
| Sl. No. | Class of Antiquities | Material | [Number of Antiquities] [In the case of potsherds, the approximate number should be stated.] | Approximate age | Remarks | |
| Complete | Fragmentary | |||||
| Sl. No. | Class of Antiquities | Material | [Number of Antiquities] [If the application is on behalf of an organisation, the name thereof should be given.] | Approximate age | Remarks | |
| Complete | Fragmentary | |||||
| 1. | [Name and address of applicant.] [[If the application is on behalf of an organisation, the namethereof should be given.]] | ||
| 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 beattached.) | |||
| 4. | Approximate date of the moving. | ||
| 5. | Purpose of the moving. | ||
| 6. | Whether the antiquities or any of them are objects of worship. |
| [Signature of the Applicant] [If the application is behalf of an organisation, the name thereof should be given.] |
| 1. | [Name and address of applicant.] [If the application is on behalf of an organisation, the name thereof should be given.] | ||
| 2. | Name of the monument near or adjoining which theoperations of construction is to be carried out. | Locality | District |
| 3. | Nature and details of the proposed miningoperation/construction in respect of which the licence isrequired. | Locality | District |
| (In the case of mining operation, a site-plan intriplicate showing in red outline the extent of the operation inrelation to the monument should be attached; and the 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 blast-holes to be fired at a time should be specified. | |||
| In the case of construction, a site-plan intriplicate showing in red outline the location of the building inrelation to the monument 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.) | |||
| 4. | Purpose of the proposed mining operation/construction. | ||
| 5. | Approximate duration and date of commencement ofthe proposed mining operation /construction. |
| Station:Date: | Signature of the Director ofArchives andHistorical Monuments |
| 1. | [Name and addressof applicant.] [[If the application is on behalf of anorganisation, the name thereof should be given.]] | ||
| 2. | Name of the 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 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 ofproposed filming operation. |
| Station:Date: | [Signature of the Director of applicant] [If the application is on behalf of an organisation, the name thereof should be given.] |
| Station:Date: | Signature of the Director ofArchives andHistorical Monuments |