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Section 356

The Ancient Monuments & Archaeological Sites Remains Act 1958 (Amendment & Validation- 2010)State Act of Chhattisgarh · Act 24 of 1958

(1) The Director-General shall, within such time as may be specified by the Central Government, identify or cause to be Identified, all constructions (of whatever nature) made on and after the 16th day of June, 1992 in all prohibited areas and regulated areas and, thereafter, submit from time to time a report In respect thereof to the Central Government.

(2) The Director-General shall, for the purposes of sub section (1), have the power to call for Information from the local bodies and other authorities.".

Any clerical mistake. patent error or error arising from accidental slip or omission In the description of any ancient monument or archaeological site and remains declared to be of national importance by or under this Act. may, at any time, be corrected by the Central Government by notification in the Official Gazette.

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 lo be done in the exercise of any power conferred by this Act.

(1) The Central Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules• for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the prohibition or regulation by licensing or otherwise of mining, quarrying, excavating, blasting or any operation of a like nature near a protected monument or the construction of buildings on land adjoining such monument and the removal of unauthorised buildings:

(b) the grant of licences and permissions to make excavations for archaeological purposes In protected areas, the authorities by whom, and the restrictions and conditions subject to which, such licences may be granted, the laking of securities from licensees and the fees that may be charged for such licences:

(c) the right of access of the public to a protected monument and the fee, if any, to be charged therefor;

"(ca) the c11tcgorics of am·.iimt monuments or archact1lot,tkal sitccS tu1d rt main$, declared as of national importance, under sub-section (l) of 26 se.ction 4A;

(cb) the manner of making nppli<::ation for grant of permission under sub-section (I) ofscelion 200;

(cc) t.he- catcgor)• of applicatiom in reSJ)C<::t of which t.he permission may be granted and applications which shidl be referred to the Aulhority for its 1·ccommendatiori, under sub-section (2) of sc<::tlon 20D;

(cd) the other 11H1tters includinc hcrilA~<' controls such as clc•;ations, facades, drain:1gc syscems, roads and :;crvice i11frastn1clurc (including elccrrtc poles. wntcr 1tnd se·wcr pipelines) under sub-section (2) o( section 20E;

(co) the p,anncr of preparation of detailed $ltc 1>lnns tn ,·espect of each prohibited are.a and regulated area and the time within which such heritage. bye-laws shall be prepared and particulars to be included in each suc.h heritage b~·e~laws under sub-section (3) of section 20E;

(cf) salaries and allowances payable to1 and the other terms and conditions of senicc of, the whole-time Chairperson and , ... ·hole-tlme members, or fees or allowances payable f<> the part-time members, of the Authority under s11b-scctlon (I) of section 20H;

(cg) the form In ·whJeh and lime at which the Authorit~· shall prepare an annu~I report gh·ing full de~erlptlon of its acth·itict for the ptevious yeal' under section 20P;

(ch} the form and manner in which the Authorfty and competent ftt1th()rity shall furnish information to the Central Government under section 20Qi'',

(d) tHe form and contents of the report or an archaeological ofticer or a licensee under clause (a) or sub-section (1) of section 23;

(e) the form in which applications for permission under section 19 or secllon 25 may be made and the particulars which they should contain;

(f) the form and manner of preferring appeals under this Act and the time within which they may be preferred;

(g) the manner of service of any order or notice under this Act;

(h) the manner in which excavations and other like operations for archaeological purposes may be carried on:

(i) any other matter which is to be or may be prescribed.

(3) Any rule made under this section may provide that a breach thereof shall be punishable,-

(i) in the case of a rule made with reference to clause (a) of sub-section (2), with imprisonment which may extend to three months, or with fine which may extend to five thousand rupees. or with both;

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(4)

(ii) in the case of a rule made with reference to clause (b) of sub-section (2), with fine which may extend to five thousand rupees;

(iii) in the case of a rule made with reference to clause (c) of sub-section (2), with fine which may extend to five hundred rupees.

All rules made under this section shall be laid for not less than thirty days before each House of Parliament as soon as possible after they are made, and shall be subject to such modifications as Parliament may make during the session in which they are so laid or the session immediately following.

ttopeals and sMings. 39. (1) 71 llfll)5 J The Ancient and Historical Monuments and Archaeological Siles and Remains (Declaration of National Importance) Act, 1951, and section 126 of the Stales Reorganisation Act, 1956, are hereby repealed . .:n t,r 1QS" "7 1)f j ()l),1

(2) The Ancient Monuments Preservation Act, 1904 shall cease lo have effect in relation lo ancient and historical monuments and archaeological sites and remains declared by or under this Act to be of national importance, except as respects .things done or omitted to be done before the commencement of this Act.

(3) (1) The Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Ordinance, 2010 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of the principal Act as amended by this Act.

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Where this provision sits

ActThe Ancient Monuments & Archaeological Sites Remains Act 1958 (Amendment & Validation- 2010)
Section356
JurisdictionState of Chhattisgarh
StatusIn force as published by the source

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