6 Published in the 'Madhya Pradesh Rajpatra' Extraordinary dated the 11th May 1964.
GOVERNMENT OF MADDY A PRADESH LAW DEPARTMENT Bhopal, the 8th May 1964 No. 17720-XXI-A (Dr) • The following Act.of the Madhya Pradesh Legislative Assembly, having been J'5ented to by the President on the 16th April 1964, is hereby published for general information.
By order and in the name of the Governor of Madhya Pradesh.
·MADHYA PRADESH ACT (No. 12 of 1964) R.G. Trivedi, Secy.
The Madhya Pradesh Ancient Monuments and Archaeological Sites and Remains Act, 1964
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Table of Contents Preliminary Short title, extent, commencement and application.
Definitions.
Protected Monuments Power of State .Government to declare ancient monuments to be Stale-protected monuments or archaeological site and remains to be State protected area.
Acquisition of rights in or guardianship of state protected monument.
Maintenance of protected monument by agreement.
Owners under disability or not in possession.
Application of endowment to repair protected monument.
Failure or refusal to enter into agreement.
Power to make order prohibiting contravention of agreement.
Enforcement of agreement.
Purchasers at cenain sales and persons claiming through owner bound by instrument executed by owner.
Compulsory acquisition of protected monuments.
Maintenance of certain protected monuments.
Voluntary contributions.
Protection of place of worship from misuse, pollution or desecration.
Preservation of amenities of protected monuments.
Relinquishment of Government rights in monuments.
Right of access to certain state protected mo!luments.
65
19.
Prot~i· .Aro.11 ~ - Restrictions on enjoyment of property rights in ~ . . JiJ.otecttd areas.
20. Power to acquire protected area.
2 1. Excavations in State-protected areas. : :, ..
22. Compulsory purchase of antiquities. etc., discovered during excavation operations.
Protection of.Antiqultles
23. Power of State Government to control moving of antiquities.
24. Purchase of antiquity by State Government.
Principles of Compensation.
25. Compensation for loss or damage.
26. Assessment of market value or compensation.
Miscellaneous
27. Special provision as to compensation under section 16.
28. Delegation of powers.
29. Penalties.
30. Jurisdiction to try offences.
3 1. Certain offences to be cognizable.
32. Special provision regarding fine.
33. Recovery of amounts due to Goverenment.
34. Power to declare State protected monuments and State-protected area to be no longer such monuments or area.
35. Power to correct mistakes, etc.
36. Protection of action taken under Act.
37. Power to make rules.
38. Repeal.
66 Madhya Pradesh Act No. 12 of 1964 The Madhya Pradesh Ancient Monuments and Archaeol~ical Sites and Remains Act, 1964 !Received the assent of the President on the !nth April, 1964. assent first published in the .. Madhya Pradesh Oa1e1te" Extraordinary on the I Ith May 1964).
An Act to provide for the preservation of certain am:ient and historical monuments and archaeological sites ,rnJ remains and for the regulation of excavation of archaeological sites in Madhya Pradesh and matters ancillM-y I hereto.
Be it enacted by the Madhya Pradesh Legislature in the Fifteenth Year of the Republic of India, as follows: PRELIMINARY I. Short title, extent, commencement and application.
This At:t may he called the Madhya Pradesh Am:ient Monunments and Archaeological Sites and Remains Act. 1964.
(2) It extends to the whole of Madhya Pradesh.
(3) It shall come into force on such date as the State Government may, by notilit:ation, appoint.
(4) Nothing 1n this At:! shall apply to protected areas and protected monuments as defined in clauses (i) and
(j), respet:tively of section 2 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (No.
24 of I 95X J.
2. Definitions.
In this Act, unless the context otherwise requires-
(a) "Ancient monument" means any huilding, structure, erection, monolith or monument or any mound or tumulus or any tomb or place or interment or any cave or any sculpture or inscription on an immovable ohjci.:t which is o f historical, archaeological or artistic interest and which h,L\ been in existence for not less than fifty years, and includes- (i l the remains of such monument,
(ii) the site of such monument.
(iii) sm:h portion of land adjoining the site of such monument as may be required for fencing or covering in or otherwise preserving the monument, and
(iv) the means of access to, and convenient inspection of, such monument.
( h l "antiquity·· includes- (i l any coin, sculpture. manuscript, epigraph, or other work of art or craftsmanship,
(ii) any article object or thing detached from a huilding or cave.
(iii) any article·, ohject or thing illustrative of science, art, crafts, literature, religion. customers. morals or politics in bygone ages,
(iv) any article. object or thing of historical interest, and
(v) any article, object or thing which in the opinion of the Stall: Government because of its historical or archaeological importance is an article, object or thing whil:h it is desirable to preserve declared by the State Government. by notification, to be an antiquity for the purposes of this Act.
which has heen in existence for not less than tifly years;
67 .1· 1 l (cl "Archaeological site and remains" means any area which contains or is reasonahly believed to contain ruins or relics of historical or archaeological importance which have heen in existence for not less than fifty years, and includes-
(i) such portion of land adjoining the area as may be required for fencing or rnvcring in or otherwise preserving it, and
(ii) the means of access to, and convenient inspection of the area;
(d) "Director" means the Director of Archaeology, Madhya Pradesh, and includes any orlicer authorised hy the State Government to perform th,e duties of the Director of Archaeology under this Act;
(e) "Maintain" with its grammatical variations and cognate expressions includes the fencing, covering in, repairing, restoring and cleaning of a State protected monument and the doing of any act which may be necessary for the purpose o f maintaining a State protected monument or of securing convenient access thereto;
0) "owner" includes -
(g)
(h)
(i) a joint owner invested with powers of management on behalf of himself and other joint owners and the successors in title of any such owner, and
(ii) any manager or trustee exercising powers of management and the successor in office of any such manager or trustee, "State protected area" means any archaeological site and remains which is declared to be a State-protected area under this act.
"Sate protected monument" means an ancient monument which is dec!ared to be a State protected monument under this Act.
PROTECTED MONUMENTS
3. Power of State Government to declare ancient monument-. to be State protected monuments or archaeological site and remains to he State protected area.
(I) Where the State Government is of the opinion that it is necessary to protect against destruction, injury, alteration, multilation, defacement, removal, dispers or falling into decay any
(a) ancient monument,
(b) archaeological site and remains, it may, by notification in the official Gazette give two months' notice of iL~ intention to declare such ancient monument to be State-protected monument or such archaeological site and remains to be a State protected area, as the case may be, and a copy of every such notification shall be affixed in a conspicuous place on or near the monument or site and remains, as the case may be.
(2) Any person interested in any such ancient monument or archaeological site and remains may, within one month after the issue of the notification, object to the declaration of the monument to be a State-protected monument or of the archaeological site and remains to be a State-protected area, as the case may be.
(3) On the expiry of the said period of two months the State Government may, after considering the objections, if any, received by it, declare by notification in the Gazette, the ancient monument to be a State protected monument or the archaeological site and remains to be a State-protected area, as the case may be.
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(4) A notification published under this section shall, unless and until withdrawn, be conclusive evidence of the fact that the monument or the archaeological site and remains to which it relates, is a State protected monument or State-protected area, as the case may be.
4. Acquisition of rights in or guardianship of State protected monument.
(I) The State Government may purchase or take a lease of or accept a gift or bequest of any State protected monument.
68 ···-----------------------.. £-- ---"'!-&•---••---,-,,,,.. IC 3( Q ~,,.,,,.-,,., -"1 , ~ - iT[ •·:,,.J: . ' ,.
··l ~ ... f •1;;- < .'. l Where State-protected monument is without an owner, the Director may. hy notilil:ation. assume the t11111111ianship of the monument.
I I l The owner of any State-protected monument may, by written instrument, consti tute the Director the ;JHttrllian of the monument, and the Director may, with the sanction of the State Governmt:nl, a1:cept su1:h . ·.i~ .;. 1lt1Md1anship.
< 4) When the Director has accepted the guardianship of a State-protected monument under sub-section (3 ), the uw11t:r shall, except as expressly provided in this Act, have the same estate, right, title and interest in and to the monument as if the Director had not been constituted a guardian thereof.
t 5) When the Director has accepted the guardianship of a State-protected monument under sub-section (3 ).
lhr provisions or this Act relating to agreements entered into under section 5 shall apply to the written agreement ft'km.:d to in the said sub-section.
! ti ) Nothing in this section shat! affect the use of any State protected monument for customary religious ut1~1:rvan1:cs.
5. Maintenance of protected monument hy agreement.
(I) The Director may, with the previous sanction of the State Government, propose to the owner of a State rro1eucd monument to enter into an agreement with the State Government within a specified period for the m11111tcnance of the monument.
(2) An agreement under this section may provide for all or any of the following matters namely:- ( 11) the maintenance of the monument;
<hl the custody of the monument, and the duties of any person who may be employed to watch it:
I f l the restriction of the owner· s righl-
(i) to use the monument for any purpose;
(ii) 10 cparge any fee for entry into, or inspection of the monument;
(iii) to destroy, remove. alter or deface the monument; or
(iv) to build on or near the site of the monument;
( J) the facilities of access to be permitted to the public or any section thereof and to the Director and to the person deputed by the owner or the Director to inspect or maintain the monument;
(cl the notice to be given to the State Government in case the land on which the monument is situated or any adjoining land is offered for sale by the owner, and the right to be reserved to the State Government to purchase sut:h land, or any specified portion of such land, at its market value; ..
< fl The payment of any expense incurred by the owner or - by the State Government in connection with the maintenance of the monument;
(g) The proprietary or other rights which are to vest in the State Government in respect of the monument when any expenses are incurred by the State Government in connection with the maintenance of the monument.
(h l the appointment of an authority to decide any dispute arising out of the agreement; and ( i) any matter connected with the maintenance of the monument which is a proper subject of agreement between the owner and the State Government.
(3) The terms of an agreement under this section may be altered from time to time with the sanction of the State Government and with the consent, in writing, of the owner.
(4) The State Government or the owner may, at any time after the expiration of three years from the date of execution of an agreement under this section terminate it on giving six months' notice, in writing, to the other party:
Provided that where the agreement is terminated by the owner, he shall pay to the State Government the expenses. if any, incurred by it on the maintenance of the monument during the five years immediately preceding 69 the termination of the agreement or, if the agreement has heen in force for a shorter period during thi.: period the ,1greement was in force.
(5) An agreement under this section shall be binding on any rcrsllll claiming to be thi.: owner M thc monumi.:nt tn which it relates, from, through or under a party by whom or on whose behalf the agreement was executed.
6. Owners under disability or not in possession.
( 1) If the owner of a State-prote<.:ted monument is unable, by reason of infancy or other disability, to act for himself, the person legally competent to act on his behalf may exercise the powers conferred upon an owner by sec tion 5.
(2) Nothing in this section shall be deemed to empower any person not being of the same religion as the person on whose behalf he is a1:ting to make or execute an agreement relating to a State protected monument which or any part of which is r.eriodically used for the religious worship or observam:es of that religion.
7. Application of endowment to repair protected monument.
( 1) If any owner or other person, competent to enter into an agreement under section 5 for the maintenance of a State protected monument, refuses or fails to enter into such an agreement when proposed to him by the Director and if any endowment has been created for the purpose of keeping such monument in repair or for that purpose amnng others, the State 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 thereof.
(2) On the hearing of an application under sub-section ( 1 ), the District 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 of any part thereof. and any such order may be executed as if it were a decree of a Civil Court.
8. Failure or refusal to enter into agreement.
( 1) If any owner or other person competent to enter in to an agreement under section 5 for the maintenance of a State-protected monument refuses or fai ls to enter into such an agreement, the State Government may make an order providing for all or any of the matter specified in sub-section (2) of section 5 and such order shall he binding on the owner or such other person and on every person claiming title to the monument from. through or under tile owner or such other person.
(2) Where an order made under sub section ( I) provides that the monument shall he maintained by the owner or other person competent to enter into an agreement, all reasonable expenses for the maintenance of the monument shall be payable hy the State Government.
(3) No order under sub-section (I) shall be made unless the owner or other person has been given an opportunity of making a representation, in writing, against the proposed order.
9. Power to make order prohibiting contravention of agreement.
( J) If the Director apprehends that the owner or occupier of a State-protected monument intends to destroy, remove, alter, multilate, deface, imperil or misuse the monument or to huild on or near the site thereof in contravention of the terms of an agreement under section 5, the Director may, after giving the owner or occupier an opportunity of making a representation in writing. make an order prohibiting any such contravention of the agreement :
Provided that no such opportunity may be given to any case where the Director, for reasons to be recorded, is satisfied that it is not expedient or practicable to do so.
(2) Any person aggrieved by-an order under this section may appeal to the State Government within such time and in such manner as may be prescribed in this behalf and the decision of the State Government shall be final . ,1 ;\ 5·
10. Enforcement of agreement. ;;- !
(I) If an owner or other person who is bound by an agreement for the maintenance of a monument under ~ section 5 refuses or fails, within such reasonable time as the Director may fix, to do any act which in the opinion ~ of the Director is necessary for the maintenance of the monument, the Director may authorise any person to do ar.:y '.!
-1 ro J 'I J ~uch acl. and the nwner or other person shall he liahle to pay the expenses of doing any such act or such portion nf the expenses as the owner may be liable to pay under the agreement.
(2) If any dispute arises regarding the amount of expenses payable by the owner or other person under suh ~cction ( l). it shall be referred to the State Government whose decision shall he final.
11. Purcha~ers at certain sales and persons claiming through owner bound by instrument executed hy owner.
Every person who purchases at a sale for arrear of land revenue or any other public demand any land on which 1s situated a monument in respect of which any instrum.ent has been executed by the owner for the time being, under seL'tion 4 or section 5 and every person claiming any right, title or intere.q to or in a monument from, through or under, an owner who executed any such instrument. shall be bound by such instrument.
12. Compulsory acquisition of protected monument.
If the State Government apprehends that a State-protected monument is in danger of being destroyed, injured, misused. or allowed to fa ll into decay, -it may acquire the Stale-protected monument under the provisions of the Land Acquisition Act, 1894 (l of 1894 ), as if the maintenance of the State protected monumenl were a puhlic purpose within the meaning of that Act.
13. Maintenance of certain protected monument~.
( 1) The State Government shall maintain every monument which has been acquired under section 12 or in respect of which any of the rights mentioned in section 4 have been acquired.
(2) When the Director has accepted the guardianship of a State protected monument under section 4. he shall, for the purpose of maintaining such monument. have access to the monument at all reasonable times. by himself and by his agents. subordinates and workmen, for the purpose of inspecting the monument, and for the purpose of bringing such materials and doing such acts as he may consider necessary or desirable for the maintenance thereof.
14. Voluntary contrihutions.
The Director may receive voluntary contributions towards the cost of maintaining a State-protected monument and may give orders as to the management and application of any funds so received by him :
Provided that no contribution received under this section or any part thereof shall be applied to any purpose other than the purpose for which it was contrihuted without the consent, in writing, of the donor.
I 5. Protection of place of worship from misuse, pollution or desecration.
( 1 l A State-protected monument maintained by the State Government under this Act which is a place of worship or shrine shall not he used for any purpose inconsistent with its character.
(2) Where the State Government has acquired a monument under section 12, or has purchased, or taken a lease or accepted a gift or bequest or a.~sumed guardianship of a State-protec_ted monument under section 4, and such monument or any part thereof is used for religious worship or observances by any community, the Director shall make due provision for the protection of such monument or part thereof, from pollution or desecration by taking such action as he may think necessary in this behalf.
16. Preservation of amenities of protected monument~.
( I) If the State Government is of opinion that for the purpose of preserving the reasonable amenities of any protected monument, it is necessary so to do, the State Government may, subject to the provisions of this section.
hy notification in respect of any area comprising or adjacent lo the site of such monument specified in such notification (hereinafter referred to as "the controlled area")-
(a) Prohibit or restrict the construction, erection or execution of building, structures and other works within the controlled area, or the alteration or extension- of any such buildings, structures, or works in such manner as materially to affect their external appearance;
(b) Prescribe the position, height. site, materials, colour and screening and otherwise regulate the external appearance of buildings, structures and other works within the controlled area;
71 \.
(cl require any local authority-
(i) LO construl'l any approach road to any protected monument. or
(ii) to demolish any public convenience vesting in it, that is to say a latrine, urinal, dustbin. rubbish dump and the like, located close to or in the vicinity of any protected monument:
(d) Prohibit or restrict the felling of trees within the controlled area:
(e) Otherwise restrict the user ofland within the controlled area to such extent as is necessary for the purpose of preserving the reasonable amenities of the protected mo'nument;
(f) Provide for such matters as appe~r to the State Government to be incidental to or consequential on the foregoing provisions of this section, or to be necessary for giving effect to those provisions.
(2) Not less than forty-live days before issuing a notification under sub-section ( I), the State Government shall cause to be published in the Gazette. in the controlled area. and in the village and at the headquarter of the tahsil in which the controlled area is situated, a notification stating that it proposes to issue a notification in terms of sub-section (I), together with a notice requiring all persons affected by such notification. who wish to make any objection to the issuing of such notification, to submit their objections in writing to the State Government or appear before any officer duly authorised in that behalf, to hear objections on behalf of the State Government. within one month of the publication of the notification in the Gazette, or within fifteen days from the date of the publication of the notification in the controlled area, whichever period expires later.
(3) If on the expiration of the time allowed by sub-section (2) for the filing of objections, no objection has been made. the State Government shall proceed at once to issue the noti fication under sub-section (I). If any objection has been made, the State Government, may, afler such objection has been considered or heard, as the case may be, either -
(a) abandon the proposals to issue the notification under sub-section (I); or
(b) issue the notification under sub-section (1) with such modifications, if any, as it thinks lit.
(4) In considering the objections, the decision of the State Government on the question of issuing the notification under sub-section (I) shall be final and conclusive.
(5) Nothing contained in any notification under sub-section (I) shall effect any building, structure or other work or any alteration or extension thereof, if it was constructed, erected, or executed before the date when notice of intention to issue such a notification was given under sub-section (2), and for the purpose of this provision a building, structure, or other work and any alteration or extension thereof shall be deemed to have been constructed, erected or executed before that date- ( a) if its construction, erection or execution was begun before that date; or
(b) if, and so far as its construction, erection or execution was necessary for the purpose of performing a contract made before that date.
(6) Any person whose property is injuriously affected by the coming into force of a notification under sub section (I) shall, subject to the provisions of section 27, be entitled to obtain compensetion in respect thereof from the State Government.
17. Relinquishment or Government rights in monument-..
(I) Where rights have been acquired by the State Government in respect of any monument under this Act by virtue of any sale, lease, gift or will, the State Government may, by notification, relinquish rights so acquired 10 the person who would, for the time being, be the owner of the monument if such rights had not been acquired.
(2) The Director may with the sanction of the State Government relinquish the guardi;mship of a monument which he has assumed under this Act.
18. Right or access to certain State protected monument.
Subject to any rules made under this Act, the public shall have a right of access to any State-protected monument.
72 i PROTECTED A REAS.
19 . Rt!sC-rktions on enjoyment or pruptrty right" in SUtte-proteded an•a., {I) No per~n. iocluding the nwnl!r cir occupier of a Stalc-pro1cc1ed area shall L'Ofl~trucl any huilding within the St<1h>1UOlect.ed area or catr)' on any mining, quatr)'ing. exi.:av;t1ing, bhming or any operation of a like ninure 111 :-m·h area. or ulili~c ~w.:h a.re.a m any part lhercof in M)' other nuinm:r withouc Ute permission of I.he State Government:
Prm11dcd that nothiol! in 1his ~11t,-serlion ~haJI 00 deemed to prohibit the use of any s'-K:h area or part Lhtrcuf 1ur pu1fh).1,e,t of culli\'ation if 5Uch culti\•ation d(le-s 001 involve the digging of nc,1 more than one (oot of soil from the :-1.1rrtil't:-.
C2:) TI1c State Government may. b)' order. direct that any buildini conStniCted h)' aoy person within a S1f!te 11wtcctW area in cootruvcntiu11 ortnc provillio~,; of sub-s«lion (I) shall be rcmO\'Cd wilhin a $pectfic:d period and.
,1 the person refu~es or fai.b: to <..'Omply wiLh the order. the Collccmr may catL,;e the building 10 be removed and Ule lh.:11:0n shall be liable 10 pay !he co.,; t"o( such removal.
10. Power to acquire protected are:11, If r.he Srale Governmcm is .,,f opinion 1.ha1 any Slalc-l)fotcctcd area contains an anciem monument ur ,10li4ui1ie.,; uf hiSlOric.al int.eccsl a11(1 ,•,due. ii may acquire such area under I.ho pro,1isioni- of the Land Acquh:ition .\1:1. 1894 (I of 1894) as if the a1:qui:<jtion wen: for a 1-iul'ilic porp~c wilhiri the meaning ofch1u Act.
ARCHAEOLOGICAL EXCAVATIONS 2 I. Excavation In S~tt•J>rottcted a.re.a~ Suhjct.1 to the p<uvisio-us of section 24 of lhe Ancient Monuroo:nts and Arch,eologlcal Sire and Remains Act •.
l~SX (Nn. 24 of 1958) the Director or an officer authorised by him in this behalr or any person hniding a licence 11rantcd in I.hi$ behalf under th.ii: Act fhereinaller refened to as lhc licensee) may. after giving no1icc. in ·wri1ing, IC\ the Collector and tht owner. enter upon and make excavation,- in U.O)' Stat~pr(l(cct.ed ~ea. ,/ _,..
: ll. Compu1sory pur-chac.t of anliquiti-ts ttc. dl~,·en:d durini:t e.xc.avaClon op:ralioru;. ,,,,, _.,.,, ( I ) w1,cre. :.t~ a rcsuJ1. of aoy excavalions made in any area under sectiOn 21 any anliqui1ics arc discovered.
: • Director or lhe lit.-cnscc. as I.he case may be shaJI• rc:,f)' (11.) as sooo as practicahle, examine such antiquities und iut,mh a repon to the State Gove:mme.nt in $Ul'h -~· ·rl •. manner and cu111aini11g $\ICh partkulars as may he pres<.'ribOO;
111 lhc conclusion ol' I.he excavation operation~. ~J,•e nolicc. in writing. to 1he owner ol' 1he land from )( whkh ituch antiquities hcwc been diKo,,cred of \he nature of )'UCh anUquhie.~.
(2) Un1il an on.lcr fur \be compuJsory purchase of any such auliquilics is made under sub-section (3) the ot 1)1c licensee, a1 the cue may be sh.all lreq:l lhcm ir• , uch nfe cmtody as he may deem fi1.
('.\) On ,eceifH o( a rerx,rt under $Ub•section ( I ), the Shue Govcrnmen1 may make Bn order for Ulc•compuJs~ asc of any imi;h an,iqui~ie.s 111 lhcir markcl value, · ,(4) Whcll an order fo, the computs-ory purclla....e of any 11.Rtiquilles is malle under s.ub-scclion (3), ~.11.:h · f~ s.halJ vest in I.he SlaU}-00\tenlll\eDl with effcc1 from the dale of &he order.
PROTECTION OF ANTIQUITIES wer of State Governmtnt to L"Ontrol mo,i nJ.? of antiqu.itit$.
fl l If the Sta.ti! Oovernmclll considers it no::ess-ary in the puhlic int.crt81 I.hat any antiquity or class or antiquities not be: mo~ (rorn Ui-~ pl1'Ce where it is without the :ianctlon of I.be Staie Govern men 1. I.he Srnte Govemmenl "by notilkation, dircc1 that any antiquity or class of antiquities Sh.al.I not be moved except .:..•i1h I.he writ.tet1.
·J,)o of the Director . ..
Q, Svery application for pcmlission under sub--scc'lion ( I) shall be in $UCh form and contain such particulars l\e•JUCSC•ribcd.
73 /3) Any person aggrieved by an order refusing permission may appeal to the State Government. whose decision shall he final.
(4) If the owner of any property prove.~ to the saLisfaction of Lhe State Government thal he has suffered any loss or damage by reason of the inclusion or such property in the notilicaLion published under sub-section ( I). Lhc State Government shall eiLher- .~
(a) exempt such property from the said notification; or (bl acquire such property, if il be movable, at iLs market value: or (cl pay compensation for any loss or damage susLained by the ownt:r of such property. if it be immovable.
24. Purchase of antiquity hy State Government.
( I ) If the Slate Government apprehends that any antiquity is in danger of being destroyed. injured, misused. or allowed to fall into decay, or is or opinion that. by reason of iLs historical or archaeological importance it is desirable to preserve such antiquity in a public place. the State Government may make an order for the compulsory purchase of such antiquity at its market value. and the Director shall thereupon give notice to tht: owner of Lhe antiquity to he purchased.
(2) Where a notice of rnmpulsory purchase is issued under sub-section ( I ) in respect of any antiquity, it shall vest in the Slate Government with effe<:t from Lhe date of the notit:e.
(3) The power of compulsory purt:hase given by Lhis section shall not extend to any image or symbol actually used for bonalide religious observance.
PRINCIPLES OF COMPENSATION
25. Compensation for loss or damage.
Any owner or occupier of land who has sustained any loss or damage or any diminution of pro tits from the land by reason of any entry on. or excavaLions in. such land or the exercise of any other power conferred by this Act shall be paid compensation by the State Government for such loss, damage or diminution of profits.
26. As.-.essment of market value or compensation.
( I) The market value of any property which the State Government is empowered to purchase at such value under this Act or the compensation to he paid hy the State Government in respe<:t of anything done under this A<:t shall, where any dispute arises in respect of such market value or compensation. be as,ertained in the manner provided in sections 3, 5, 8 to 34. 45 to 47. 51 and 52 of the Land Acquisition Act, I 894 ( I of I 894 ), so far as they can be made applicable.
(2 l Notwithstanding anything contained in sub-section <I) or in the Land Acquisition Act. 1894 (I of 1894 ), in determining the market value of any antiquity in respect of which an ·order for compulsory purchase is made under suh-section (3) of section 22 or under sub-section ( I l of section 24, any increa.~e in the value of the antiquity by rca.~on of its being of historical or archaeological importance shall not be taken into consideration.
27. Special provision as to compensation under section 16.
( I ) No person shall be entitled to compensation in respect of any notification issued under sub-section (I) of section 16 unless. within three months from the date on which such notification comes into force, or within such further time as the State Government may in special circumstances allow, he makes a claim for the purpose in the prescribed manner.
(2 l A person shall not ht: entitled to compensation by reason of the fact that any act or thing done or caused to be done by him has been rendered abortive by such notification if. or so far as. the act or thing was done after the date on whi~h the notilkation wa.~ issued. or hy reason of the fact that the performance of any contract made hy him after that date is prohibited as a result of the notification.
(3) Where any provision of such notiticaLion wa.~ immediately before the notification came into force already in force by vinue of any other Act. no compensation shall be payable by reason of any property being injuriously affected by that provision of the notification, if compensation has been paid or could have heen c laimed, or was 74 not payable, by reason of that property having been injuriously affected by the provision already in force.
(4) Where any provision of such noti ti<.:ation rnuld, immediately before iL came into force. have bcen validly included in a scheme, order, regulation or bye-law by virtue of any other Act, Lhen-
(a) if no compensation would have been payable by reason of the inclusion or that provision in that schemc.
be payable in respect of Lhat provision of the notification; and
(h) if compensation would have been so payable, the compensation payable in respect of that provision of the notification shall not be greater than the compensation which would have been so payable.
(5) Any dispute as Lo the amountofthe sum which is to be paid as compensation in respect of such a notification shall he determined in accordance with the provisions of section 26.
MISCELLANEOUS
28. Delegation of powers.
The State Government may, by notification, direct that any powers conferred on it hy or under this Act shall.
subject Lo such conditions as may be specified in the Direction be also exercisable by such officer or authori ty subordinate to the State Government as may be specified in the direction.
29. Penalties.
( I ) Whoever -
(i) destroys, removes, injures, alters, defaces: imperils or misuses a State protected monument; or
(ii) being the owner or occupier of a State-protected monument, contravenes an order made under sub section ( 1) of section 8 or under sub-section (I) of section 9; or
(iii) removes from a State-protected monument any sculpture. carving, image, has-rdief, 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 one year or with fine which may extend to ten thousand rupees, or with hoth.
(2) Any person who contravenes any of the provisions of a notification issued under suh section (I) of section 16 shall, on conviction, he punished with fine which may extend to two thousand rupees, and if the contravention is continued after conviction with a further tine which may extend to live rupees for each day on which the contravention is so continued, and if such contravention is co!llinued after the expiry of such period as the Court may determine, the State Government shall in addition have power to do all such acts as in its opinion are caution for making it in conformity with such provisions, and any expense incurred hy the State Governmem shall be recoverable from the person convicted as an arrear of land revenue.
(3) Any person who moves any antiquity in contravention of a notification issued under sub-section (1) of section 23 shall be punishable with fine which may extend to five thousand rupees; and the court convicting a person to restore the antiquity to the place from which it was moved.
30. Jurisdiction to try offences.
No court inferior to that of a Magistrate of the first class shall try any offence under this act.
31. Certain offences to he cognizahle.
Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of 1898), an offence under clause (i) or clause (iii) of sub-section ( 1) of section 29, shall be deemed to be a cognizable offence within the meaning of that Code.
32. Special provision regarding fine.
Not with standing anything contained in section 32 of the Code of Criminal Procedure, 18Y8 (V of 1898), it shall be lawful for any Magistrate of the first cl~s specially empowered by the State Government in this behalf 75 i i '· I r i ' to pass a sentence of tine exceeding two thousand rupees on any person convicted of an offence which under this Act i s punishable with tine exceeding two thousand rupees.
33. Recovery of amount" due to Government.
Any amount due to the Government from any person under this Act may, on a certificate issued by the Director he recovered in the same manner as an arrear of land revenue.
;. 34. Power to declare State-protected monuments and State-protected area to be no longer sucli monuments or area.
If the State Government is o( opinion that it is no longer necessary to protect any State-protected monument or State-protected area, it may, by notification, make a declaration to that effect and thereupon such monument or area shall cease to be a State-protected monument or State-protected area, as the case may be. 35. Power to correct mistakes, etc.
Any clerical mistake. patent error arising from accidental slip or omission in the description of any ancient monument or archaeological site and remains declared to be State-protected monuments or State-protected areas.
as the case may be, under this Act may at any time be corrected hy the State Government by notification. 36. Protection of action taken 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 he done in the exercise of any power conferred by this Act. 37. Power to make rules.
(I) The State Government may. by notification and subject to the condition of previous publication, make rules for carrying out the purposes of this Act.
I
(2) In particular. and without prejudice to the generality of the foregoing power, such rules may provide for \ all or any or the following matters, namely:-
(a) The prohibition or regulation by licensing or otherwise of mining, quarrying, excavating, ~lasting, or any operation of a like nature near a State-protected monument or the construction o(huilding on land adjoining such monument and the removal of unauthorised buildings: •~ (b) the grant of licenses and permissions to make excavations for archaeological purposes in State-protected areas, the authorities by whom and the restrictions and conditions subject to which such licences may be granted, the taking of securities from licensees and the fees that may be charged for such licences; (c) the right of access of the public to a State-protected monument and the fee, if any, to be charged therefor;· (d) the form and contents of the report and an archaeological officer or a licensee under clause (a) of subsection (I ) of section 22;
(e) the form in which applications for permission under section 19 or section 23 may be made and the particulars which they should contain;
(f) the manner in which a claim shall be made under sub-section (I) of section 27; (g) the form and manner of preferring appeals under this Act and the time within which they may be preferred;
(h) the manner of service or any order or notice under this Act;
(i) the manner in which excavations and other like operations for archaeological purposes may be carried on;
(j) any other matter which is to be or may be prescribed,
(3) Any rule made under this section may provide that breach thereof shall he punishable,-(i) in the case of a rule made with reference to clause (a) of suh-section (2), with imprisonment which may extend to three months, or with fine which may extend to five thousand rupees, or with both, 76 I ' , I -.:;._ ·,f
(ii) in the case of a rule made with reference to clause (8) of sub-section (2), with fine which may extend to five thousand rupees.
(iii) in the case of a rule made with reference lo clause (c) of sub-section (2), with fine which may extend to five hundred rupees.
(4) All rules made under this Act shall be laid on the table of Legislative Assembly.
38. Repeal The Ancient Monuments Preservation Act, I 904 (VII of 1904 ), in its application to the State of Madhya Pradesh shall cease to have effect in relation to ancient and historical monuments, archaeological sites and remains and all other matters pertaining thereto to which this Act applies, except as respect~ things done or omitted to be done before the commencement of this Act.
77 8 MADHYA PRADESH ACT.
NO. 29 OF 1970 THE MADHYA PRADESH ANCIENT MONUMENTS • AND ARCHAEOLOGICAL SITES AND REMAINS (AMENDMENT) ACT, 1970 TABLE OF CONTENTS.
Sections.
I. Short title.
2. Amendment of section 2.
3. Insertion of new sections 23-A and 23-B.
4. Amendment of section 29
5. Amendment of section 37.
6. Repeal.
MADHYA PRADESH NO. 29 OF 1970 THE MADHYA PRADESH ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS (AMENDMENT) ACT 1970 (Received the assent of the Governor on the 23rd October, 1970; assent first published in lhe ''Madhya Pradesh Gazette" (Extraordinary, dated, the 25th October, 1970.
An Act to amend the Madhya Pradesh Ancient Monuments and Archaeological Sites and Remains Act, , ..: 1964.
r:~.- Beil enacted by lhe Madhya Pradesh Legislature in the Twentyfirsl Year lo the Republic of India as follows:-
(1) Short title - This Act may be called the Madhya Pradesh AncienLMonumenlS and Archaeological sites and r~mains (amendment) Act 1970.
(2) Amendment of section Z. In section 2 of lhe Madhya Pradesh Ancient Monuments and Archaeological Siles and Remains Act, 1964 (No. 12 of 1964), (hereinafter referred lo as the Principal Act), for clauses (a), (b) and
(c), the following clauses shall be subsliluted, namely:- ·
(a) 'Ancient monument' means any building, structure, erection, monolith or monument or any mound or 1 tumulus or any tomb or place or interment or any cave or any sculpture or inscription on an immovable object which is of historical, archaeological or artistic interest and which has been in existence for not less than hundred years, and includes.
(i) The remains of such monument,
(ii) the site of such monument,
(iii) Such portion of land adjoining the site of such monument as may be required for fencing or covering in or otherwise preserving the monument, and
(iv) the means of access to, and convenient inspection of, such monument;
(b) "antiquity" includes -
(i) any coin, sculpture, manuscript, epigraph or other work of art or craftsmanship;
(ii) any article, object or thing detached from a building or cave;
(iii) any article, object or thing illustrative of science, art, crafts, literature, religion, customs, morals, or politics in bygone ages; '
(iv) any article, object or thing of historical interest, and
(v) any article, object or thing which in the opinion of the State Government because of its historical or archaeological, importance is an article, object or thing which it is _desirable to preserve declared by the State Government, by notification, to be an antiquity for the purposes of this Act; which has been in existence for not less• than hundred years;
( c) "Archaeological site and remains" means any area which contains or is reasonably believed to contain ruins or relics of historical or archaeological importance which have been in existence for not less than hundred years, and includes-
(i) such portion ofland adjoining the area as may be required for fencing or covering in or otherwise preserving il; and
(ii) the m~ans of access to, and covenient inspection of, the area".
(3) Insertion of_newsection23-A and 23-B.- After section 23 of the Principal Act, ~ e following sections shall be inserted, namely:- Declaration as to any antiquity and intimation regarding transfer or acquisition. "23-A (I) Every person who owns or is in possession, custody or control of any antiquity prior to the 6th day of June, 1970 shall, within a period of six months thereof, make a declaration to the effect to such authority and in such form as may be prescribed.
95
(2) As from the 6th day of June, 1970, every person who- ( a ) intends to sell or transfer any antiquity which is in his possession. custody. or control: or
(b) intends to acquire by purchase or otherwise any antiquity: or
(c) comes in possession, custody or control of any antiquity by purchase gift, inheritance or otherwise; shall give intimation in writing, -,
(i) Where such person falls under category (a) or (b) above of his intention to sell or trans fer or acquire, as the case may be any such antiquity, and
(ii) where such person falls under category (c) above of the fact of his coming in possession, custody or control of any such antiquity to such authority, within such time and such form as may be prescribed.
23-B Report Regarding loss or antiquity. Every person who owns or is in possession, custody or control of any antiquity shall, in the event of its loss or destruction, give intimation within seven days of the loss or destruction thereof to such authority and in such form as may be prescribed and on his failure to do so it shall, unless the contrary is proved, be presumed that he has disposed of the antiquity in contravention of the provision of section 23-A" .
4. Amendment of section 29. For subsection ( I) of section 29 of the Principal act, the following sub-section shall be substituted, namely:- ( I ) Whoever-
(i) destroys, removes, injures , alters, defaces, imperils or misuses a State protected monument; or
(ii) being the owner or occupier of a State protected monument, contravenes an order made under sub-section (I) of section 8 or under sub-section (I) of section 9; or
(iii) removes from a State protected monument any sculpture, carving, image, bas-relief, inscription, or other like objects; or ( iv) does any act in contravention of subsection (I) of section 19; or
(v) removes any antiquity in contravention of sub-section ( I) of section 23; or
(vi) (a) fails to make a declaration under sub-section ( I ) of section 23-A; or
(b) fails to give intimation under sub-section (2) of section 23-A; or
(vii) fails to give intimation under section 23-B; shall,-
(a) in the case of an offence falling under clauses (i), (ii) or (iii) be punishable with imprisonment which may extend to three years and in the absence of special and adequate reasons to be mentioned in the judgement of the court, such imprisonment shall not be less than six months and in addition may be punishable with fine which may extend to ten thousand rupees;
(b) in the case o f an offence fallihg under clauses (iv), (v), (vi) or (vii) be punishable with imprisonment which may extend to three years or with fine which may extend to ten thousand rupees, or with both;
and in the case of an offence falling under clause (vi) or (vii) the court may, in addition, order the forfeiture of the antiquity in respect of which offence has been committed" .
S. Amendmentofsection37. In sub-section (2) of section 37 ofthePrincipal~ct, afterclause(e), the following clauses shaU be inserted, namely:- "( ce) (i) the authority to which and the form in which declaration shall be made under subsection ( 1) of section 23A;
, < ·{U) the iUthority to which, the time within and the form in which intimaueiuhaH ·be given under sub-section
(2) of section 23A:
· · (ecSl}Itl~iO'tllority to which and the form in which intimation shatllbe·JivesJi.Wldcr·sceti'oo23·B".
Ordi~:~~lt~~r:r~~~~hhe~~~i;;~~l~~~ments and ArchpeoW~.,~~l~·- ··• ~~ R~~p;s (Amendment) 96 CG. Ancient Monument and Archaeological Sites and Remains Act, 1964 Date 16.04.1964 C.G. Ancient Monuments and Archaeological Sites, Remains, (Amendment) Act-1970 Date 23.10.1970