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The Punjab Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1964

Act 20 of 1964

Keyword(s): Ancient and Historical Monument, Antiquity, Archaeological Site and Remains, Protected Area, Protected Monument

1964 : Pb. Act 20 j ANCIENT AND HISTOR[CAL MONUMEEFTS 299 AND ARCHAEOLOGICAL SITES AND REMAINS

THE PUNJAB ANCIENT AND HISTORICAL MONUMENTS A N D ARCHAEOLOGICAL SITES AND REMALNS

ACT, 1964.

(PUNJAB ACT No. 20 or: 1964)

ARRANGEMENT OF SECTIONS

Sections

1. Shon title, exlenl and commencement.

2. Definitions.

PROTECTION OF ANCIENT MONUMENTS AND ARCHAEOLOGICAL SlTES AND REMAINS

3. Ccrtain ancienr and hiskorical monuments etc. deemed to be protected monumen& or areas.

4. Power or Govcrnmcnt ro declare ancient rnonumcnts ctc. to bc pro~ected monuments and arcas.

PROTECTED MONUMENTS-

5. Acquisition of righis in a protec~ed monument.

6. Preservation of pro~ecred monument by agccmcnt.

7. Persons competent to exercise powcrs of owner under section 6 in respect ol a prorectd monument. when owner is under disability or when il is a village property.

8. Application of endowmenr LO repair a monument:

9. Failure or refusal to c n k r into an agreement.

10. Power lo make order prohibitiing cb'nrravention o f agreement under scction 6.

1 1 . Enforcemen1 of agreements.

13. Purchasers at certain sales and persons claiming through owner bound by instrument execuled by owner.

13. Acquisilion of protected monuments.

14. Maintenance of certain prolecred monumcnts.

15. Volunrary conlribulions.

16. Protection of place of worship from misuse, pollution or desecralion.

17. relinquish men^ of Government rights in a monument,

18. Rights of access to protected monumenu.

300 ANCIENT AND HISTORICAL MONUMENTS [I964 : Pb. Act 20 '

AND ARCHAEOLOGICAL SITES AND REMAINS

PROTECTED AREAS

19. Res~iclions on enjoymen[ of property rights in protecred areas.

20. Powcr lo acquire pralected areas

ARCHAEOLOGICAL EXCAVATIONS

2 1. Excavations in prorccted ,areas. -

22. Excavations in areas other khan pro~ected areas.

23. Compulsory purchase of antiquities, elc., discovered during excavalion operalions.

24. Excavation, etc., for archaeological pufposes.

PROTECTION OF - ANTIQUI'I?ES

25 . Power of Governmenr 10. conuol moving of anliquilics.

26. Purchasc of anriqui~ies by Government.

PRINCIPLES OF COMPENSATION

27. Compensation for loss or damage.

28. Assessment of market valuc ar cornpensa~ion.

MISCELLANEOUS . . . .

29. Delegations.

30. Penallies.

31. Jurisdiction to try 'oflences.

32. Cenain offences to bc cognizable.

33. Special provision regarding fine.

34. Recovery of amounu due lo thc Wvemment.

35. Ancient monuments, erc. no longer requiring protection.

36. Poww to correcl mistake. etc.

37. Protection of action taken under the Act.

38. Power to make rules.

39. Repcal.

1964 : Pb. Act 20 ] ANCIENT AND HISTORlCAL MONUMENTS A N D ARCHAEOLOGICAL SITES AND REMAINS

30 1

'THE PUNJAB ANCIENT AND HISTORICAL MONUMENTS A N D ARCHAEOLOGICAL SlTES AND REMAINS

ACT, 1964.

. - [Received the aslrenr of the Presidel~t ofIndia on the , -19th May,:d964 and firs1 published for general informofion irz the

Punjab Goven~nrent Gazette (Extraordinary), LRgisEacive Supplement of the Isf June, 1964.1

to provide for the preservation of ancient and historical monuments and archaeoIogica1 sit& and remains other than

those of national 'importance, for the regulation of Archaeological excavations and for the ,protection

of sculptures, carvings and other like objects.

'Be- i t enacted by the Legidature of the State of Punjab in the Fifteenth Year of the Republic of India as~follows :-

1

Year

1964

PRELIMINARY

3

Shorr litle

The Punjab Ancient and Historical Mon- uments and Archae- ological Sites and Remains Act. I964

2

No.

23

I. (1 j This Act may be called the Punjab Ancicnt and listorical short title, Monuments and Archaeological Sites and Remains Act, 1964. extent and

commence- (2) It extends to the whole of thextate of J m a ~ a n a ] ment.

4

Whether . . repealed or otherwisc . affected by Legislalion

Amcnded by Punjab Acr 25 of 1964l Amended by Haryana Adapblion of Laws (Statc-and Concurrent Subjects) Order, 1968'

I . For Statement ,of .Objects and Reasons. see Pzir~ab Governrnetrt Gnzene (E.r~raordit,ory). 1964. paec 3 12.

7. For S~aternent of Objects and Reasons, see P~rrtjab Govenrsrerrr Gazette (Extraordinary). 1964, pages 935-37.

3. See Haryatta Gover~inlcrrr Gazette (E.tt~,nordinary), dated 29th October, 1968.

4. Subs~i~uted for [he ward "Punjab" by Haryana Adaptation of Laws Order, 1968.

302 ANCIENT AW HISTORICAL MONUMENTS (1 964 : Pb. Act 20 AND ARCHAEOLOGlCAL S I T 3 A N D REMAINS

(3) It shall come into force on such date as the Stite Government may by notification appoint.

Definitions. 2. In this Act, unless the context othenvise requires,-

(a) 'ancient and historical monument' means any structure, erection or ,monument, or any tumulus or place fo i nterrnent, or any cave, mk-sculj?hm, inscription or monolith, which is of historical, 'aichaeological or artistic interest and which has becn in existence for not less than one hundred years and includes-

(i) the remainsof an andient andhistorical monument ;

(ii) ' [he site of an ancient and historical monument ;

(ii] such portion of land adjoining the sife of an ancieni and historical monument as may be requid for fencing orcoverjng in or otherwise p ~ n g s u c h monument ; and ...

(iu) the means of acccss to, and convenient inspec tion of, an ancient and historical monument ;

but does not inclub any ancient or historical monument decked I. by or under law made by parliament to bc of national

impomce ;

(6) 'antiquity' include+4- .

(i) any coin, sculpture, manuscripl, epigraph, ur other ' &rk of art or cr-smanship ;

(ii) any article, object or thing detached fiom a building or , , . .

cave ; , . - , ,

, , , .

(&) ,any article, ,object or thing illustrative of science, art, . . crafts, literature, religion, customs, morals or politics

in by gone ages ;

(ivJ any article, object or thng of historical interest ; and

{I)] any~cle,objectorthingd~l&d bytheGovemment by notification to be an antiquity for the purposes of

1964 : Pb. Act 20 ] ANCIENT AND HlSTORlCAL MONUWNTS 303 A N D ARCHA EOI.OGICAL SITES AND 'REMAINS

this Act, which has been in existence for not less than one hundred years,

(c) 'archaeological officer' means an officer of the Government appointed for thc purpose of exercising the powers conferred on and performing the func~ions assigned ro, ag archaeological officer under this Act, and includes any ather officer authorised by the Government to exercise and perform all or any of such powers and functions;

(dl 'archaeological site ai~d remains' means any m a which contains or is reasonably klicvd to contain ruins or relics

, , of historical or archaeological importance whch have been , h:exiscence for not less than one hundred years, and

i niiU&+ ti) such portion of land adjoining the area as may be

riquired for fencing or covering i'n or otherwise preserving it ; and

(ii) the means of access to, and convenient inspection of, the. area ;

but dces not include any archaeological site or remains decIared by or under Iaw made by Parliament to be of national importance;

(e) Pirecto? mans the Director of Archmlogy and includes any officer aur horj sed by the Government to exercise the powers and perform Lhe functions of the Dimtor undcr this Act;

If) 'Government' meansthc l[GovemmentofHaryana];

(g) 'maintain' with its grarnmatica! variations and cognate .

expression, includes the ,fenci,ng, covering i n, , : , repairing, restoring and cleansing ,of a protected

monument, and the doing of any act which may be .

necessary for the purpose. ,of preserving a protected ,

monument or of securing convenient access thereto ;

1. Subsrituted by Haryana Adaptation of Laws Order, 1968.

, ,

304 ANCIENT AND HISTORICAL MONUMENTS 11 964 : $b. :~ct -20 AND A~CHAEOLOCLCAL SITES AND REMAINS

(h) 'owner' includes.-

(i) n joint owner, investedwith powers of managerncnt on behlaf of himself and other joint- owners and the

i successor-in-title of any such owner ; and ,.-

(ii) any manager or trustee exercising powers of .

manage'mcnt and thesuccessor-in-office of any such manager or trustee; -

(i) . 'prescribed' means prescribed by rules made under this Act ; . .

Li) 'prateid areaimems any archaeological site and remains which is declared ro be a protected area by or under this

- Act;, -

- .. -

( k ) 'protected monument' means an ancient or historical monument which is declared to k a protected monurnen t by or under this Act.

Protection of Ancient Moaumerrts :And Archaeological Sites I ,AndRe-, . . . , .

m .

Certain ancient 3. AIl ancient and historical monuments and all archaeological sites and historical and remains which have been declared by the Ancient Monuments Presewatiun rnomuments Act, 1901 (CmW Act TJlToC LW), to lx p-ted monuments or protected etc. deemcd to areas respectively, but which have not been declared by or under the law b t protected monuments or made by Parliament to be of national importance, shall be deemed to be areas. ancient and historical munuments or archaeological sites and remains dec1iu-d

to kprotected monuments or arkas for the purposes of this Act.

Power of 4.- ( I ) ~ h c r e ' t h c ~ovemment if of opinion that any ancient and Govc-tnt to historical monument or archeological site and remains, which has not been declare ancient declaredb$/orunderthelawmadeby ~arliamenttobeofnationdhprtance monuments ' md which is not included in section 3 requires protection under this Act, it etc. to be protected -' may by notification give two months' notice of its intention to declare such menu Gents mcjen t and historical monument or archaeological site and remains lo be a and areas. protected monument or a protected area as the case may be, and a copy of

every such nblificatjon shall be affixed in a .conspicuous place near the monument or the site and remains as thecase may be.

1964 : Pb. Act 20 1 ANCIENT A N D HISTORlCAL MONUMENTS 305 A N D ARCHAEOLOGICAL SITES A N D REMAINS

(21 Any person interesled in any such ancient and historical monumenr or archaeologic,al site and remains may, within rwo months after the issue of [he notification under sub-section (I), object to rhe declaration of

,I, the monument. or the archaeological site and remains, to be a protected \

monument or a protected area.

(3) On the e x p j l of the said period of two months &he Government may, after considering the objections, if any, received by it, declare by notification the ancient and historical monument or the archaeological site and remains, as the case may be, to be a protecred monument or a protected area.

(4) A notification published under sub -section (3) shall, unless and until it is withdrawn, be conclusive evidence of the fact that the ancient '

and historical monument or the archaeological site and remains 10 which it relates is a protected monument or a protected area for the purposes of this Acr .

Protected Monuments

5. (1) The Director may, with the sanction of the Governrncnt, Acquisition of

purchase, or take a lease of,of accept u gift or bequest of any protwtcd rights in a

monument. prorcctcd .. . rnonumenr.

(2) Where a protected monument is without an owner, the Director may by notification assume the guardianship of the monument.

.(3) The owner of any protected monument may, by written instrument; constitute the Director the guardian of the monumcnt, and the Director. ,may, with the sanction of- the Government, accept such guardianship.

(4 ) When the Director has accepied the guardianship of a monument under sub-section (31, the owner shall, except as expressly provided in this Act, have the same estate, right, title and interest in and to the monument as i f the Director had not been constituted a guardian thereof; and the provisions of this Act relating to agreements executed under section 6 shall apply to the written instrument executed under sub-section (3).

(5) Nothing in this section shall aCfcct the use of any protected monumenr for customary religious observances .

306 ANCIENT AND HISTORICAL MONUMENTS [I964 : Pb. Act-20 AND ARCHAEOLOGICAL SITES AND REMAINS

Preservation 6. ( 1 ) The Director, when so directed by the Government, shall of prolectcd propose to the owner of a protected monument to enter into an agreement

by with the Governrnenl within a specified period for the maintenance of the agreement.

rnonurnen~ 'I

(2) An agwment pnder this seclion may provide for all or any of h e followingrnatters, namely :-

(a) the maintenance of h e monument ;

(b) thecustody ofthemonument andthcdutiesof any person who may be employed to watch it ;

(c) the reshc tion of the owner's right-

(i) to use the monument for any purpose ;

[u) tocharge any feeforcntry into, orinspection of, the m6nument; '

(iii) to destroy, rcmove, alter or deface the monument ; or

(iv) to build on or near the site of the monument ;

(d) h e lacilitiesofa~cess tobepe-~tedtothepublic orany section thereof or to archaeological officers or to persons

. .deputed by the owner or any archgalogical officer or other officer or authorily authodsd by theGovernmen t to inspect or maintain the monumenls ;

(e) the notice to be given to the Government in case the land on which ,rhe monument is situated or any adjoining land is offered for sale by the owner, and the right to be reserved to the Government to purchase such land, or any specified portion of such land, at its market value ;

Cfl the payment of any expenses incurred by the owner or by h e ~overnment in connection with h e maintenance of the

(g) the proprietary or other rights which are to vest in the Governmet in respect of the monument when any expenses are incurred by the Government in connection with the maintenance of the monumcnt ;

I964 : Pb. Act 20 1 ANCIENT AND HISTORICAL M O N U ~ ~ S 307 AND ARCHAEOLOGICAL SlTES AND REMAINS

(h) the appointment of an authority to decide any dispute arising out of the agreement ; and

t i ) any matter connected with the maintenance of the monument which is a proper subject of agrecmen! bctween the owner and the Government.

(3) The Government or the owner may, at any time after the expiration of three years from the date of execution of any agreement under this section, terminate it on giving six months' notice in writing to the orher party :

Providcd that where the agreement is terminated by thc owner, he shall pay to the Government the expenses, if any, incurred by it on the maintenance of the monument during the five years immediately preceding the termination of thc agreement or, if the agrcement has been in force for a shorter period, during the period the agreement was in force.

(4) An agreemen1 under this section shall be binding on any person claiming to be the owner of the rnonumenc to which it relates, from,

<, through or under a p a q by whom or on whose behalf the agreement was executed , , .

7. { I ) If the own'er of a protected monument is unable, by reason bf minority orotherdisability, to act forhimself, the person legally competent to act on his behalf may exercise the powers conferred upon an owner by section 6. .

(2) In the case of a protec red monument which is a village property, the Panchayat for the village where such prpperty vcsts in the Panchayat or, w llm such property d m not ves~ in a Panc hayat, any village officer exercising powen of management over such property may exercise the powers conferred upon an owner by section 6.

(3) Nothrng in this section s ha1 l be deemed to empower any person not being of the same religion as the person on whose behalf he is acting to make or execute an agrcement relating to a protected monument which or any p a of which is periodically used for the religious worship or observances of that reIigion.

8. ( 1 ) If any owner or other person competent to enter into an agreement under section 6 for the maintenance of a protected monument refuses or fails ro enter into such in agreement, and if any endowment has been crealed for h e purposkof keeping such monumcnt

Persons competent to exercise powers of o G e r under section 6 in respect of a pratected monument, when owner is under disability o r when it is a village propeay.

Application of endo wrnent to repair a prolected monument.

308 ANCIENT AND HISTORICAL MONUMF-NTS [ 1964 : Pb. -At t 20 AND ARCHAEOLOGICAL SITES AND REMAINS

Failure or refusal (a enLer into an agreemcot.

Powcr to make order prohibiting conmavention of agreement under section 6.

in repair or for that purpose among others, the Government may institute a suit in the court of the District Judge or, if the estimated cost of repairing the monument does not exceed one thousand rupees, may make an application to the District Judge, -for the proper application of such endowment or part [hereof. , -

(2) On the hearing of an application under sub-section (I), the Disuict Judge may, summon and examine the owner and any person whose evidence appears to him necessary and may pass an order For the proper application of the endowment or any part thereof, and any such order may be executed as if i t werc a'dqcree of a civil court.

9. (1) If any owner or other person competent to enter in to an agreement under section 6 for the maintenance of a protecred monument refuses or faib to enter into such an a p m c n t , the Govmnment may make an order providing for all or any of the'matters specified in sub-section (2) of section 6, andsuch orde;shdl be binding on the owneror such otherperson andon every person claiming title to themonument from, through, or under, the owner or such other person.

(2) Where am order made under su b-sec tion (i) provides that the monument shall be maintained by the owner or other person competent to enter into an agreement, all reasonable expenses for ~e maintenance of the monument shall be payable by the Governmen 1.

(3) No order under sub-section (1) shall be made unless the owner orolher person has been given an opportunity of maling a representation in writing against the propod order.

10. (1-1 :If-the Director apprehends h a t the owner or occupier of a profited monument intends to desboy, remove, dm, deface, imperil or misuse the rnonumeht or toibuild on or near the site thereof in conmvention of the termsof anagreement execukdundersectiun 6, theDiFectormay, aftergiving the owner or occupicr an apportunity of making a represencation in writing, make an order prohibiting any such conmvention of the agreement :

Provided that no such opportunity may be given in any case where theDirector, for reasons to be recorded, is satisfied that it is not exwent or practicable to do so.

(2) Any person aggrieved by an order made under this section may appeal to the Government within such time and in such manner as may be prescribed and the decision of the Government shall be final.

1964 : Pb. Act 20 ] ANCIENT AND HISTORICAL MONUMENTS A N D ARCHAEOLOGICAL SITES AND REMAlNS

309

11. ( 1 ) If an owner or other person who is bound to maintain a monument by an agreement executed under sectin 6 refuses or fails, wihjn such reasonable time as (he Director may fix, to do any act which in the opinion of the Dircctar is necessary for the maintenance of the monument, the Director may authorise any person to do any such act, and the owner or

ir other person shall be liable to pay the expenses of doing any such act or such portion of the expenses as the owner may be liable LO pay under the agreement.

(2) If any dispute ariscs regarding the amount of cxpenses payable by the owner or other person under sub-section (11, it shall be referred to the Government whose decision on such reference shall be find.

12. Every person who purchase, at a sale for arrears of land revenue or any other public demand, any land on which is situated a monument-in respect of which any instrument has been executed by [he owner for the time being under section 5 or section 6, and every person claiming any title to a monument from, through, or undcr, an owner who executed any such instrument shall be bound by such insbument

13. If the Government apprehends that a protected monument IS in danger of being deslroyed, injured, misused or allowed to fall into decay, i t may acquire the protected monument under the provisions of the Land Acquisition Act, 1894 (Centnl Act1 of, 1894), as if the maintenance of the protected monument were a public purpose within the meaning of that Act.

14. (1) The Government shall maintain every monument which hay. been acquired under section 13 or in respect of which any of the rights mentioned in section 5 have been acquired

(2) When the Director has assumed the guardianship of a monument under. section 5 h e shall for the purpose of maintaining such monument have access to the monument at all reasonabIe times, by himself and by his agent, subordinates and workmen, lor the purpose of inspecting'the monument and for the purpose of bringing such materials and doing such act as he may, consider neckssary or desirable for the maintenance lhereoi.

Enforcement of agreements.

Purchases at certain sales and persons claiming through owna bound by insb-ument executed by owner.

Acquisition oP protected monumcnts.

Maintenance of certain protected monuments.

Voluntary contributions.

Protection of place of worship from misuse, pollution or desecration.

310 ANCIENT AND I~STORICAL MONUMENTS [I964 : Pb. Act 20 AND ARCHAEOLOGlCAL SITES AND REMAINS

15. The Director may receive voluntary contribution towards the cost of maintaining a protected monument and may give such general or special directions as he considers necessary for the management and application of I he contributions so receivcd by him :

provided that no contribution received under this section shall be applied to any purpose other than the purpose for which i t was contributed

16. (1 ) A pmtectedmonument maintained by the Govcmment under this Act whch is a place ofworship or shrine shall not be used for any purpose inconsistent with its chhctcr. :.

(2) Where h e Government has acquired a protected monument under section 13, or where' the Director has purchased or raken a lease or accepted a gift or Iquest or assumed guardianship,'of a protected monument under section~5,and such monument or any part thereof is used for religious worship or observances by any community, the Director shall niake due gr0vision for the protection of such myurnen t or part lheGof from pollulion or desecration-

, .

(a) by prohibiting the entry therein excepr in accordance with the conditions prescribed with , . [he concun-ence of the

. - persons, if any, in religious charge of the said monument or part thereof, of any person not en titled so to, en try by the .

religious usage of , ~ e cqrnmunity by which the monument - ar part thereof is used ; or

(6) by taking s'uchother action as hernay thinknecessary in . :. this behalf.

Relinquish- 17. With the sanction of theGov~mment, the Director may- mentof , ..

Government (a) where rights have been iquired by theDim tor in respect .

rights in a of any monument under this Act, by virtue of any sale, monument. lease, gift or will, relinquish by notification therigths so

acquired-to the person who would for the time bein'g be '

the owner of the monument if such rights,had not bixn acquired ; or

. . (6) relinquish-any guardianship ~fa~monument which he has

assumed under this Act. . , . . _ . . -

1964 : Pb. Act 20 1 ANClEKT AND HISTORICAL MONUMENTS 31 1 A N D ARCHAEOLOGICAL SITES AND REMAINS

18. Subjecl to any rulcs made under this Act, the public shall have R@t.s of

a right of access to any protected monument. ~ C C C S S to protected

I PROTEm,D AREAS monurnen~s.

19. (1 No person, including the owner or occupier of a protected Restrictions area,shallconstructany.building within theprotectdareaorcmy onany ofi enjoyment

of property mining, quarrying, excavating, blasting, or any operation of a I i ke nature in . rights in

such area or utilise such area or any pan thenof in any olher manner without prDlecled

the permission of the Gnvernrncnt : , . area.

Provided hat nothing in this su.b&tion shall kdeemed to prnhibit the use of any such area or part thereof for puiposes nf culrivatjon if such cultivation does i& ini'olve the digging of not more than one foot of soil from the surfaqel , , . .

, . (2) The Government h a y by order direct that any building

constructed by the person within a protected &ca in contravention of the provisions of sub-section ( 1 ) shaU be removed within 3 specified period and, if the person refuses or fails tocomply wj th the order, the D h t o i may cause

( the buildiig to be removed and the person shall be liable to pay the cost of such removal.

20.If the Government is of opinion that any prbtected'area pow,, to - . .

conLains any ancient '&d historical monument or antiquity bf any intercst acquirc

. and vdue, other than national interest and ialue. it may acquire such area ~ ~ ~ t c ~ [ ~ d under the provisions of thg Land Acquisitio~l Act, 1894 (Ccniral Act 1 of areas.

1894), as if the acquisition were &a public pqmse wirhrn the meaning of that act.

. ARCHMiOlEGICAL EXCAVATIONS

2 1 . subject to the-pr6visims of section 24 of the ~ n & i t ~ o n u r n e r k Excavntioiis io and ~rch&olo~ical Sites b d Remains Act, 1958 (Central Act 24 of 1958) vroteckd an archaeb1opc.d officer or an oficer authorised by him in this behalf o r any

I

person holding a Iicencc granted in this behalf under this Act (hereinafter referred to as the Ijcensee)may, after giving notice in writing'to Ihe Director and the owner, enter upon and make excavations in any protected area.

22. Subject lo rhe provisions of section 24 of the Ancient Excavations in Monuments, and ,&haeological Sites and Remains Act, 1958 en tral areas 0 t h

Act 24 of 1 958), where an archaeological officer has rcason to believe than protected areas.

that any area, not being a protected area, contains ruins or relics of

312 A N C I E ~ AND HISTORICAL MONUMENTS [I964 ,: Pb. Act 20 AND ANKAEOLOGICAL SITES AND REMAINS

CompuIsory purchase of antiquities, etc., discovered during excavation operations.

Excavation, etc., for archaeological purposes.

Power of Government .to conk01 moving ,

of antiquities.

hisrorical or archaeological importance he or an officer authorised by him in this behalf may, after giving notice in writing LO the Director and the owner, enter upon and make excavations in the area.

23. (1) Where, as a result of any excavations made in any area under secrion 21 or section 22, any antiquities area discovered the archaeological officer or the licensee, as the case may be, shall ,-

(a) as soon as practicable examine such antiquities and submi[ a rcport to the Government in such manner and containing such particulars as may be prescribed;

(b) at the conclusion of the excavation operations, give notice in writing to the owner of the land from which such-antiqui ties have been discovered, as to the nature of such antiqujtics.

(2) Until an, order for h e cornpuIsory purchase of any such antiquihis is made under sub-section (3), the afchaeological officer or the licensee, as the case may be, shall keep them in such safe custody as he may deem fit, , .

(3) On rcceipt of areport under sub-section ( I ) , the Government may make an order for the compulsory purchasc of any such antiquities at their market value.

(4) When:anderforthecompulsorypurchaseofany antiquities is made under sub-section (31, such antiquities shall vesr in the ~ovemment with effect kom the date of the order.

, , ,

24. Subject to the provisions of section 21 and save as provided in sections 22 and 23, no archamlogical.oficer or other authority shall undmake, or authorise any person to undertake, any excavation or other like operation for archaeological purposes in any area which is not a protected area except with, the previous approval of the Government and in accordance with such rules or directions, if any, as the Government may make or give in Lhis behalf.

PROTECTION OF ANTIQUITES

25. (1 ) If the Govemmcnt considers that any antiquities or class of antiquities aught not to be rnovcd from the place where they m wjlhout ik sanction, the Government may by noti ficadon direct that any such antiquity or any class of such aniiquities shall not be moved-except with the written permission oft he Director. ' -.

1964 : Pb. Act 20 ] ANCIENT AND HISTORICAL MONUMENTS 313 AND ARCHAEOLOGICAL SITES AND REMAINS

(2) Every application for permission under sub-section (I) shall be in such form and contain such particulars as may be prescribed.

(3) Any person aggrieved by an order refusing penissjon may appeal to the Government, whose decision shal! be final.

26. (1 ) Lfthc Govemrncnt apprehends that any antiquity mention& in a notification issuedunder subsection ( I ) or section 75, is in danger of being destroyed, removed, injured, misused or allowed to fall into decay or is of opinion that, by reason of i ts l l istbrica~ or archaeological importance. jt is desirable to preserve such antiquity in a public place, the Government may make an order for thc compulsory purchase of such anriquj ty al its markel value and the Director shall thereupon give notice to the owner oft he antiquity to be purchased.

(2) Where a notice of compulsory purchase is issued under sub- section (1) jn lespect of any antiqui ty, such antiquity shall vest in the Govcmmt with effect from the date of the notice.

(3) Thepwerofcompulsorypwhasegiven by thissectionshall not extend to any image or symbol actually used for bonafide religious observances.

PRINCIPLES OF COMPENSATION 27. Any owner or occupier of land who has sustained any loss or

damage or any diminution of profi ts from the Iand by reason of any entry on, or excavations in such land or the cxercise of any. other power conferred by this AcL, shall be paid cornpnsalion by he Governmen1 fur such loss, damage or diminurion of profits.

28. (1) The market value of any property which the Government is empowered to purchase at such value under h s Act, or the compensation to be paid by the Government in respect of anything done under th is Act, shall, whereany dispute h k s in respect of such market value or cornpensation,bc ascertained-in the manner provided in sections 3,5,8 to 34,45 to 47,51 and 52 of the Land Acquisition Act, 1894 (Centrat Act I of 1894), so far as they can be made applicable :

Provided that when making an enquiry undcr the said Land Acquisition Act, the Collectorshall beasistedby twoassessors, one of whom shall be competent person nominated by the Government and one person nominated by the owner, or, in cise the owncr Jails to nominate an assessor within such time rss may be fixed by the Colleclor in this behalf, by the Collector.

Purchase of antiquities by Governmen(.

Compensation for loss or damage.

Assessment of market value or compensa- tion.

3 14 ANCIENT AND HISTPRICAL MONUMENTS El964 : Pb. Act 20 AND ARCHAEOLOGICAL SITES A N D REMAINS

(2) Notwithstanding anything in sub-section ( I ) or in the Land Acquisition Act, 1 894 (Central Act I of 18941, in determining the market value of antiquity in respect of which an order for compulsory purchase is made under sub-section (3) of section 23 or under sub-section ( I ) of section 26, any increase i n the value of the antiquity by reason of its being of historical or archaeological importance shall not be taken into

MISCELLANEOUS

Delegation. 29. The Government may by notification direct that any powers conferred on- it by of'under this Act shall, subjecr to s~ich conditions as may be specified in the direction, be exercisabIe also by such officer or authority subordinate to the Government as may be specified in the direction.

Penalties. 30.(1) W~OCVLT-

(i) destroys, removes, injures, alters, defaces, imperils or misuses a protected monument, or

(u) being the owner or occupier of a protected monument,

, contravenes an order made undcr sub-section (I) of section 9 'or under sub-section ( I ) of section 10, or

(iii j remove ,from a protected monument any sculpture, carving, image; bas-relief, inscription or .other like objects, or

(iv) does any act in .contravention of sub-section ( I ) of section 19,

shall be punishable with imprisonment which may extend to three ~~lornhs, or with' fine, which may ex tend to five thousand rupees,: or with both. . .

(2) Any person who moves any antiquity in 'contravention of a notification issued' under sub-section (1) of section 25 shall be punishable with fine which may extend, to five thousand rupees, and the couq convicting a person of any such ,contravention may, by ordcr, direct . . such person to restore the antiqity . to,the . place @om which it was. moved. , , - . , . .. :,: . , . .

1964 : Pb. Act 20 1 ANCIENT AND HLSTORICAL MONUMENTS 3 15 AND ARCHAEOLOGICAL SITES AND REMAINS

31. No Court inferior to that of a '[Judicial Magisrate] of the fjrsr Jurisdiction to

class shall try any offence under this Act. try offences.

I 32. Notwithstanding any thing in the Code of Criminal Prmedure, 1 898 Cenain \ (Central Act V of 18981, w offence under clause ( i ) , or clause (iii), of sub- oKencc5 to bc

section ( I ) olseclion 30, shall be deemed to be a cognizable offence within the meani rig of that Code.

33. Notwithstanding anything in section 32 of thc Code of Criminal special

Procedure, 1898 (Ccntral Act V of 1898), i r shall be lawful for any '[Judical pfovision Magismate] of the first class specially empowered by the Government in this "garding fine-

behalf, to pass a scncentence of fine exceeding two thousand rupees on any person convicted of an offence which under this Act is punishable with finc exceeding two thousandrupccs. - , ,

34. Any amount due to the Government from any person undcr t his Recbvery of

Acl may, on a certificate issued by the Director or an Archaeological Officer amounts due (Q

authorised by him in this behalf, be recoverdin the same manner as an m Govern- ., . < . : ment. of land revenue.

? 35. If the Government i s of opinion that it is no lqnger necessary to Ancient

protect any ancient and historical monument or archaeological site and remains monuments, undertheprovisiomofthisAct,itmaybyno~if?cationdec1arethatIheancient '"- longer

requiring and historical monument or archaeological site and remains, as thecase may be, has ceased to- be a protected monument or a protected area for the purposes of this Act.

36.AnycIericalmistake,patentemrorerrorarisingfmmacci&ntal Power to

slip or omission in the description of any ancient and historical monument or correct archaeological site and remains declared to be a protected monument or a

prdtected area, by or under this Act, may, at any time; be corrected by the Goverment by notikation.

37. No suit for compensation and no criminal proceeding shall Protection of Lie against any public servant in respect of any act done or in good aclion taken faith intended lo be done in the exercise of any o w e r conferred by this under the

Act.

38. ( 1 ) The Govemmcnt may, by notification and subject to the Power to make condition of previous publication, make rules to carry out the purposes rules. of this Act.

1. Substiruled for rhe word "rnagisrrate" by Yunjab Act 25 of 1964.

3 16 ANCIFAT AND HISTOIUCAL MONUMENTS , [I964 : Pb. Act 20 AND ARCHAEOLOGICAL SLTES AND REMAINS

(2) In particular, and without prejudice to the generali ty of the fo~going powers, such rules may providc for a l l or any of the following matters, namely :-

i (a) the prohibirion or regulation by licensing or otherwise of

mining, qumying, excavating, blasting or any operation of a like naturenear a prntactcd monument nr theconstruction of buildings on land adjoining such monument and the

, removal of unauthorised buildings ;

(b) the grant of licences and pmissions to make excavations for archaeological purposes in protected areas, the authorities by whom, and rhe reslrictions and conditions subject to which, such licences may be granted, the taking of xcurities fmm licensees and the fees b a r may be charged for such licences ;

(cJ the right of access of h e public to a protected monument and the fee, if any, to be charged thercof ;

(dl theform andcontentsofthereport of an archaeological officer or a licensee under clause (a) of sub-section ( I ) of section 23 ;

(el thc form in which appliutions forpennjssion under section 19 or section 25 may be made and the particulars which they shall contain ;

Ifl thefomandmannerofprefeningappealsunderthisAct, the fccs to Ix paid thexrfor and the time within which they may be preferred ;

@ the manner of service of any ordcr or notice under this - Act ;

(h) the mannerin which excavations and otherlike operations for &haeological purposes may be carried on ; '

(3) Any rulemade'underthissectionmay providelhatabreach thereof shall be punishable,

. . . - (i) inthe case of a rulc made kith reference to clause (a) of

sub-section (21, with imprisonment which may extend

.I964 : Pb. Act 20 1 ANCENT A N D HISTORICAL MONUMENTS , 317 AND ARCHAEOLOGICAL SITES A N D REMAINS

to three months, or with fine which may extend to five thousand rupees, or with both ;

(ii) in the case of a rule made with reference to clause (b) of subsection (2), wih fine which may extend to five thousand rupccs ;

(iii) in thcci~seof nrulemade with refere.nce~oclause(r]nf subsection (21, with Finc which may cxtend to f ve hundred . rupees.

( 4 ) Every rule made under this sectinn shall be laid as soon as may be afler itismade before '[thcHousc] of theStareLegislarut-e whileit is in session for a toral period of ten days which may be comprised i n onc session or in two successive sessions and if, before th expiry of the session in which it is so laid or the session immediately following, ?[the Housc a,ms] i n rnakng any modifichon in the rule or2[lhe House agrees] that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may bc ; so however, that any such modfication or annulmenr shall be without prejudice to the validty of anythmg previously done under hat rule.

39. The Ancient rnonu~nents Preservation Act: 1904 (Central Act VIJ ~ ~ ~ 1 .

of 19041, shall cease to have effect in relation to ancient and historical monuments and archaeological sites and remains declared or dccmcd to bc declared by or under thrs Act to be protected monuments or protected arcas, except as respects things done w omitted to be done before the conknencement of this Act.

1. Substituted for [he words "each House" by Hnryana Adaptation of Laws Order. 1968.

2. Substiruled for he words "borli Houses agree" by ibitl.