(1) The Authority shall prepare once in every year, in such form and at such time as may be prescribed by the Central Government, an annual report giving full description of all the activities of the Authority for the previous year.
(2) A copy of the report received under sub-section (1) shall be lald, as Power to call for information, Excavations •n 21.
p,01cctod areas Excavations in areas 22.
olher than .prote-cted areas.
soon as may be after it is received, before each House of Parliament.
20Q. Where the Central Government considers It expedient so to do, it may, by order In writing call upon the Authority or the competent authority, as the case may be, to furnish In writing such Information, In such form and manner as may be prescribed, relating to Its affairs as the Central Government may requ ire.".
ARCHAEOLOGICAL EXCAVATIONS An archaeological officer or an officer authorised by him in this behalf or any person holding a licence granted in this behalf under this Act (hereinafter referred to as the licensee) may, after giving notice in writing to lhe Collector and the owner, enter upon and make excavations in any protected area.
Where an archaeological officer has reason to believe that any area not being a protected area contains ruins or relics of historical or archaeological importance, he or an officer authorised by him in this behalf may, after giving notice in writing to the Collector and _the owner, enter upon and make excavations in the area.
Compulso1y purchase 23. (1) of an11quilios. otc ..
Where, as a result of any excavations made In any area under section 21 and section 22, any antiquities are discovered, the archaeological officer or the licensee, as the case may be, shall-di!icovere<:I during ellc;walion operalio.ns.
€xc:avabons. 8!C., (or 24.
arthaeological purposes.
(2)
(3)
(4)
(a) as soon as practicable, examine such antiquities and submit a report to the Central 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 antiquities have been discovered, of the nature of such antiquities.
Until an order for the ' (compulsory acquisition) of any such antiquities is made under sub-section (3), the archaeological officer or the licensee, as the case may be, shall keep them in such safe custody as he may deem fit.
On receipt of a report under sub-section (1), the Central Government may make an order for the 5(compulsory acquisition of any such antiquities).
When an order for the ' [compulsory acquisition] of any antiquities is made under sub-section (3) , such antiquities shall rest in the Central Government with effect from the date of the order.
No State Government shall undertake 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 22 previous approval of the Central Government and in accordance with such rules or directions, if any. as the Central Government may make or give in this behalf.
PROTECTION OF ANTIQUITIES Power of Central 25, (1) Govemmen1 to con1rot If the Central Government considers that any antiquities or class of antiqui lles ought not to be moved from the place where they are without the sanction of the Central Government. the Central Government may, by notification in the Official Gazelle. direct that any such antiquity or any class of such antiquities shall not be moved except with the written permission of the Director General.
mo..-ing of anliquities
(2) Every application for permission under sub-$ection (1) shall be In such form and contain such parllculars as may be prescribed.
(3) Any person aggrieved by an order refusing permission may appeal to the Central Government whose decision shall be final.
Purchase of 26. (1) antiquities b~• Central If the Central Government apprehends that any antiquity mentioned in a notification issued under sub-section (1) of section 25 is in danger of being destroyed, removed. injured, misused or allowed to fall Into decay or Is of opinion that, by reason of its historical or archaeological importance, it is desirable to preserve such antiquity in a f.Ublic place, the Central Government may make an order for the [compulsory acquisition of such antiquity] and the Collector shall thereupon give notice to the owner of the antiquity 6[to be acquired).
Government Compensation !or loss ct damage.
(2) Where a notice of '[compulsory acquisition) is issued under sub section (1) in respect of any antiquity, such antiquity shall vest in the Central Government with eltect from the date of the notice.
(3) The power ol ' [compulsory acquisition] given by this section shall not extend to any Image or symbol actually used _for bona fide religious observances.
PRINCIPLES OF COMPENSATION
27. Any owner or occupier of land who has sustained any loss or damage or any diminution of profits from the land by reason of any entry on, or excavations in, such land or the exercise of any other power conferred by this Act shall be paid compensation by the Central Government for such loss, damage or diminution of profits.
Assessmenl ofmarket 28. (1) valuo of The market value of any property which the Central Government Is empowered to purchase at such value under this Act or the compensation to be paid by the Central Government in respect of any thing done under this Act shall , where any dispute arises In respect of such market value or compensation, be ascertained in the manner provided in secfions 3, 5_, 8 to 34, 45 to 47, 52 and 52 of the Land compensation 23 1 of 1894 52 of 1972 Oelogatlon of PO\\•ers 29.
Acquisilion Act, 1894, so far as they can be made applicable:
Provided that, when making an enquiry under the said Land Acquisition Act, the Collector shall be assisted by two assessors, one of whom shall be a competent person nominated by the Central Government and one a person nominated by the owner, or, in case the owner fails to nominate as assessor within such reasonable time as may be fixed by the Collector in this behalf, by the Collector.
8((2) For every antiquity in respect of which an order for compulsory acquisition has been made under sub-section (3) of section 23 or under sub-section (1) of section 26, there shall be paid compensation and the provisions of section 20 and 22 of the Antiquities and Art Treasures Act, 1972, shall, so far as may be, apply in relation to the determination and payment of such compensation as they apply In relation to the determination and payment of compensation for any antiquity or art treasure compulsorily acquired under section 19 of that Act] MISCELLANEOUS The Central Government may, by notification in the Official Gazette, direct that any powers conferred on it by or under this Act shall, subject to such conditions as may be specified in the direction, be exercisable also by-
(a) such officer or authority subordinate to the Central Government, or
(b) such State Government or such officer or authority subordinate to the State Government, as may be specified in the direction.
Penallies 30. (1) WHOEVER- Amendment of section JO,
(2)
(i) destroys, removes, Inquires, alters, defaces, imperils, or misuse a protected monument, or
(ii) being the owner or occupier of a protected monument, contravenes an order made under sub-section (1) of section 9 or under sub-section (1) of section 10, or
(iii) removes from a protected monument any sculpture, carving.
image, bas-relief, inscription, or other like object, or
(iv) does any act In contravention of sub-section(1) of section 19, shall be punishable with imprisonment which may extend lo two years, or with fine which may extend to one lakh rupees, or with both.
Any person who moves any antiquity in contravention of a notification issued under sub-section (1 ) of section 25 shall be punishable with 24 ln&ertion of sections 30A, 308 and 30C.
Punlshmtmt fo( construction, etc .. in prohibited aroa, Puolahmenc for construction, etc,, In regulated area.
Offences by offiCOt'$ of Governmont.
Jurlsdiclion 10 try 31 offences.
Certain offences 10 be 32.
ccgnizable 5 or 1898 Special provision 33.
<egau:Hng fine 5 of\898 Recovery of amounls 34.
Cue to the Government Ancient monvmenls, 35.
e;,c,, which have ooased to be of n::ition3I impo11ance Imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both; and the court conviction a person of any such contravention may by order direct such person to restore the antiquity to the place from which it was moved.
"30A. Whoever raises, on and after the date on which the Ancient Monuments and Archaeological Sites and Remains (Amendment and Valldatlon) Bill, 20 I O, receives the assent of the President, any construction In the prohibited area, shall be punishable .3., with imprisonment not exceeding two years or with fine which may extend to one lakh rupees or with both.
30B. Whoever raises, on and after tho date on which the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Bill, 2010, receives the assent of the President, any construction In the regulated area without the previous '•le• permission of the competent authority or in contravention of the permission granted by the competent authority, shall be punishable with imprisonment not exceeding two years or with fine which may extend to one lakh rupees or with both.
30C. If any officer of the Central Government enters Into or acquiesces In any agreement to do, abstains from doing, permits, conceals or connives at any act or thing whereby any construction Or re-construction takes place in a prohibited area or regulated area, he shall be punishable with Imprisonment for a term which may extend to three years, or with fine, or with both," No court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence under this Act.
Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence under clause (i) or clause (iii) of sub-section (1) of section 30, shall be deemed to be a cognizable offence wilhin the meaning of that Code.
Notwithstanding anything contained In section 32 of the Code of Criminal Procedure. 1898, ii shall be lawful for nay magistrate of the first class specially empowered by the State Government in this behalf and for any presidency magistrate to pass a sentence of fine exceeding two thousand rupees on any person convicted of an offence which under this Act is punishable with fine exceeding two thousand rupees.
Any amount due to the Government from any person under this Act, may on a certificate issued by the Director General or an archaeological officer authorised by him in this behalf be recovered in the same manner as an arrear of land revenue.
If the Central Government is of opinion that any ancient and historical monument or archaeological site and remains declared to be of national importance by or under this Act has ceased lo be of national importance, it may, by notification in the Official Gazette, declare that the ancient and historical monument or archaeological site and remains, as the case may be, has ceased to be of national Importance for the purposes of this Act.
25 Insertion of now sections 35A and
3SB.
Obllgatlon to survey tho protected, prohibited area and regulated areas, l<fontlflcatlon of un authori5ed constructions on or aUer 1611 ' June, 1992.
Po\vor la correct 36.
mistakes. olc.
Proloction of aclion 37, taken uodEtr the act.
Power 10 make rules. 38, Amendment of ,e~tlon 3$.
35A (1 J The Director General shall, within such time as may be specified by the Central Government, conduct a surveyor cause survey to bo conducted in respect of all prohibited areas and regulated areas for the purpose of detailed site plans.
(2) A report in respect of such survey referred to in sub-section (1) shall be forwarded to the Central Government and to the Authority.