Ancient Monuments Preservation Act, 1904- Sections 13 to 24

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

13. Protection of place of worship from misuse, pollution or desecration.—(1) A place of worship or shrine maintained by the Government under this Act shall not be used for any purpose inconsistent with its character.

(2) Where the Collector has, under Section 4, purchased or taken a lease of any protected monument, or has accepted a gift or bequest, or the Commissioner has, under the same section, accepted the guardianship thereof, and such monument, or any part thereof, is periodically used for religious worship or observances by any community, the Collector shall make due provision for the protection of such monument, or such part thereof, from pollution or desecration—

(a) by prohibiting the entry therein, except in accordance with conditions prescribed with the concurrence of the persons in religious charge of the said monument or part thereof, of any person not entitled so to enter by the religious usages of the community by which the monument or part thereof is used, or

(b) by taking such other action as he may think necessary in this behalf.

14. Relinquishment of Government rights in a monument.

14. Relinquishment of Government rights in a monument.—With the sanction of [i][the Central Government], the Commissioner may—

(a) where rights have been acquired by [ii][the Central Government] in respect of any monument under this Act by virtue of any sale, lease, gift or will, relinquish the rights so acquired to the person who would for the time being be the owner of the monument if such rights had not been acquired; or

(b) relinquish any guardianship of a monument which he has accepted under this Act

15. Right of access to certain protected monuments.

15. Right of access to certain protected monuments.—(1) Subject to such rules as may after previous publication be made by the Central Government, the public shall have a right of access to any monument maintained by the Central Government under this Act.

(2) In making any rule under sub-section (1) the Central Government may provide that a breach of it shall be punishable with fine which may extend to twenty rupees.

16. Penalties.

16. Penalties.—Any person other than the owner who destroys, removes, injures, alters, defaces or imperils a protected monument, and any owner who destroys, removes, injures, alters, defaces or imperils a monument maintained by the Central Government under this Act or in respect of which an agreement has been executed under Section 5, and any owner or occupier who contravenes an order made under Section 7, sub-section (1), shall be punishable with fine which may extend to five thousand rupees, or with imprisonment which may extend to three months, or with both.

Traffic in Antiquities

17. Power to Central Government to control traffic in antiquities.

17. Power to Central Government to control traffic in antiquities.—(1) If the Central Government apprehends that antiquities are being sold or removed to the detriment of India or of any neighboring country, it may, by notification in the Official Gazette, prohibit or restrict the bringing or taking by sea or by land of any antiquities or class of antiquities described in the notification into or out of [iii][the territories to which this Act extends) or any specified part of [iv][the said territories].

(2) Any person who brings or takes or attempts to bring or take any such antiquities into or out of [v][the said territories] or any part of [vi][the said territories] in contravention of a notification issued under sub-section (1), shall be punishable with fine which may extend to five hundred rupees.

(3) Antiquities in respect of which an offence referred to in sub-section (2), has been committed shall be liable to confiscation.

(4) An officer of Customs, or an officer of Police of a grade not lower than Sub-Inspector, duly empowered by the [vii][Central Government] in this behalf, may search any vessel, cart or other means of conveyance, and may open any baggage or package of goods, if he has reason to believe that goods in respect of which an offence has been committed under sub-section (2) are contained therein.

(5) A person who complains that the power of search mentioned in sub-section (4) has been vexatiously or improperly exercised may address his complaint to the [viii][Central Government], and the [ix][Central Government] shall pass such order and may award such compensation, if any, as appears to it to be just.

Protection of Sculptures, Carvings, Images, Bas-reliefs, Inscriptions or like objects

18. Power to Central Government to control moving of sculptures, carvings or like objects.

18. Power to Central Government to control moving of sculptures, carvings or like objects.—(1) If [x][the Central Government] considers that any sculptures, carvings, images, bas-reliefs, inscriptions or other like objects ought not to be moved from the place where they are without the sanction of [xi][the Central Government], [xii][the Central Government] may, by notification in the Official Gazette, direct that any such object or any class of such objects shall not be moved unless with the written permission of the Collector.

(2) A person applying for the permission mentioned in sub-section (1), shall specify the object or objects which he proposes to move, and shall furnish, in regard to such object or objects, any information which the Collector may require.

(3) If the Collector refuses to grant such permission, the applicant may appeal to the Commissioner, whose decision shall be final.

(4) Any person who moves any object in contravention of a notification issued under sub-section (1), shall be punishable with fine which may extend to five hundred rupees.

(5) If the owner of any property proves to the satisfaction of [xiii][the Central Government] that he has suffered any loss or damage by reason of the inclusion of such property in a notification published under sub-section (1), [xiv][the Central Government] shall either—

(a) exempt such property from the said notification;

(b) purchase such property, if it be movable, at its market-value; or

(c) pay compensation for any loss or damage sustained by the owner of such property, if it be immovable.

19. Purchase of sculptures, carvings or like objects by the Government.

19. Purchase of sculptures, carvings or like objects by the Government.—(1) If [xv][the Central Government] apprehends that any object mentioned in a notification issued under Section 18, sub-section (1), is in danger of being destroyed, removed, injured or allowed to fall into decay, [xvi][the Central Government], may pass orders for the compulsory purchase of such object at its market-value, and the Collector shall thereupon give notice to the owner of the object to be purchased.

(2) The power of compulsory purchase given by this section shall not extend to—

(a) any image or symbol actually used for the purpose of any religious observance; or

(b) anything which the owner desires to retain on any reasonable ground personal to himself or to any of his ancestors or to any member of his family.

[xvii]Archaeological Excavation

20. Power of Central Government to notify areas as protected.

20. Power of Central Government to notify areas as protected.—(1) If the Central Government [xviii][* * *] is of opinion that excavation for archaeological purposes in any area should be restricted and regulated in the interests of archaeological research, the Central Government may, by notification in the Official Gazette specifying the boundaries of the area, declare it to be a protected area.

(2) From the date of such notification all antiquities buried in the protected area shall be the property of the Government and shall be deemed to be in the possession of the Government and shall remain the property and in the possession of the Government until ownership thereof is transferred; but in all other respects the rights of any owner or occupier of land in such area shall not be affected.

20-A. Power to enter upon and make excavations in a protected area.

20-A. Power to enter upon and make excavations in a protected area.—(1) Any officer of the Archaeological Department or any person holding a licence under Section 20-B may, with the written permission of the Collector, enter upon and make excavations in any protected area.

(2) Where, in the exercise of the power conferred by sub-section (1), the rights of any person are infringed by the occupation or disturbance of the surface of any land, [xix][the Central Government] shall pay to that person compensation for the infringement

20-B. Power of Central Government to make rules regulating archaeological excavation in protected areas.

20-B. Power of Central Government to make rules regulating archaeological excavation in protected areas.—(1) The Central Government may make rules—

(a) prescribing the authorities by whom licences to excavate for archaeological purposes in a protected area may be granted;

(b) regulating the conditions on which such licences may be granted, the form of such licences, and the taking of security from licensees;

(c) prescribing the manner in which antiquities found by a licensee shall be divided between [xx][the Central Government] and the licensee; and

(d) generally to carry out the purposes of Section 20.

(2) The power to make rules given by this section is subject to the condition of the rules being made after previous publication.

(3) Such rules may be general for all protected areas for the time being, or may be special for any particular protected area or areas.

(4) Such rules may provide that any person committing a breach of any rule or of any condition of a licence shall be punishable with fine which may extend to five thousand rupees, and may further provide that where the breach has been by the agent or servant of a licensee the licensee himself shall be punishable.

20-C. Power to acquire a protected area.

20-C. Power to acquire a protected area.—If the Central Government is of opinion that a protected area contains an ancient monument or antiquities of national interest and value, it may direct the State Government to acquire such area, or any part thereof, and the State Government may thereupon acquire such area or part under the Land Acquisition Act, 1894 (1 of 1894), as for a public purpose.)

General

21. Assessment of market-value or compensation.

21. Assessment of market-value or compensation.—(1) The market-value of any property which Government is empowered to purchase at such value under this Act, or the [xxi][* * *] compensation to be paid by Government in respect of anything done under this Act, shall, where any dispute arises [xxii][in respect] of such market-value or compensation, be ascertained in the manner provided by the Land Acquisition Act, 1894 (1 of 1894), Sections 3, 8 to 34, 45 to 47, 51 and 52, so far as they can be made applicable:

Provided that when making an inquiry under the said Land Acquisition Act, 1894, the Collector shall be assisted by two assessors, one of whom shall be a competent person nominated by the Collector, and one a person nominated by the owner or, in case the owner fails to nominate an assessor within such reasonable time as may be fixed by the Collector in this behalf, by the Collector,

22. Jurisdiction.

22. Jurisdiction.—A Magistrate of the third class shall not have jurisdiction to try any person charged with an offence against this Act

23. Power to make rules.

23. Power to make rules.—(1) The Central Government [xxiii][* * *] [xxiv][may, by notification in the Official Gazette, make rules] for carrying out any of the purposes of this Act

(2) The power to make rules given by this section is subject to the condition of the rules being made after previous publication.

[xxv][(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree 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 be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

24. Protection to public servants acting under Act.

24. Protection to public servants acting under Act.—No suit for compensation and no criminal proceeding shall lie against any public servant in respect of any act done, or in good faith intended to be done, in the exercise of any power conferred by this Act.

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