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Section 28

The Arunachal Pradesh Ancient Monuments, Archaeological Sites and Remains Preservation Act. 1987State Act of Arunachal Pradesh · Act 4 of 1990

(l) Whoever

(i) destroys, remoyes, idures, altcrs, defaces, imperils or misuses a protected monument ;or

(ii) beiDg the owncr or occupicr of a protected monument contravenes an order made under subscction (l) of scction 8 or under sub-section (l) of section 9 ;

(iii) removes from a protected monument, any sculpture, carving, images, bas-relief,inscription or other like obiects ; or {iv) does any act in contravention of sub-section (l) of section 18, shall be punishable rvith imprisonmcnt which may exteod to one year or with fine which may' extend to ten thousand rupees or both.

Delegation of porvcrs.

Penalties.

JurisCiction to try ofences, Certain offenc€s to bc cognizable.

(2) Any person v,'ho moves any antiquity in contrayention of a notification issued under sub-seclion (l) of section 23 shall be punishable with line which may extend to five thousand rupees and tbe court convicting a person of any such contravention may, by ordor direct such person to restore the antiquity to the place from rvhere it was removed.

29. No court inferior to that of a Magistratc of the first class shall try any offence under this Act.

30. Notwithstanding anything crntainod in the Code of Criminal Procedure, 1973, offences under clause(i) o; clause (iii) of sub-section (l) of section 28 shall be deemed to be a cognizable offencc rvithin the meaning of thal Code.

43

31. Notwilhstanding anything contained in section 29 of the Criminal Procedure Code 1973. it sball be lawful for any Magistrate of First Class, spr:cially emporvered by the Government in this behalf to pass a sentence of fine exceeding two thousand mp€es on any person convicted of an offenc€ which under this Act is punishable with fine exceeding two thousand rupees.

Spec!a.l provlston regarding fine.

Recovery of amounts duc to the Government.

32. A-ny amount due to the Goyernment from any person under this Act shall, on a certificate issued by the Archaeological Officer, be recoverable in the game manner as an arcar of public demand.

33. If the Government is of the opinion that it is no longer necessary to prcserve or protect an)' protected monuflrent or protected arca, it may, b) notification in tbe Official Gazette. declarc that such monument or area shall ccasc to be protected monumcnt or protected area for the purpose of this Act.

Where this provision sits

ActThe Arunachal Pradesh Ancient Monuments, Archaeological Sites and Remains Preservation Act. 1987
Section28
JurisdictionState of Arunachal Pradesh
StatusIn force as published by the source

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