(1) Whoever—
(i) destroys, removes, injures, alters, defaces, imperils or misuses 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, basrelief, inscription, or other like object, or
(iv) does any act in contravention of sub-section (1) of section 21, shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both.
(2) Any person who contravenes any of the provisions of a notification issued under sub-section (1) of section 17 shall, on conviction, be punished with fine which may extend to two thousand rupees, and if the contravention is continued after conviction, with a further fine which may extend to twenty five rupees for each day on which the contravention is so continued, and if such contravention is continued 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 necessary for removing so much of the building, structure or work as is not in conformity with the provisions of the notification for making it in conformity with such provisions and any expense incurred by the State Government 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 on conviction, be punished with fine which State Advisory Board.
Delegation of powers.
Power to issue directions.
Penalties Gujarat Ancient Monument and Archaeological Sites and Remains Act, 1965.
[1965: Guj. 25 may extend to five thousand rupees; and the Court convicting a person of any such contravention may by order direct such person to restore the antiquity to the place from which it was moved.
32. No court inferior to that of a magistrate of the first class shall try any offence under this Act.
33. Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence under clause (i) or clause (iii) of sub-section (1) of section 31 shall be deemed to be a cognizable offence within the meaning of that Code.
34. Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898, it shall be lawful for any magistrate of the first class specially empowered by the State Government in this behalf, and for any magistrate exercising the powers of a 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.
35. Any amount due to the State Government from any person under this Act may, on a certificate issued by the Director or an officer authorised by the State Government in this behalf, be recovered as an arrear of land revenue.
36. If the State Government is of opinion that any ancient and historical monument or archaeological site and remains declared to be a protected monument or protected area should cease to be such monument or area, it may, by notification in the Official Gazette, declare that the ancient and historical monument or archaeological site and remains has censed to be a protected monument or a protected area, and thereupon such monument or area shall cease to be a protected monument or protected area for the purposes of this Act.
37. Any clerical mistake, patent error, or error arising from accidental slip or omission in the description of any ancient and historical monument or archaeological site and remains declared to be a protected monument or a protected area by or under this Act may, at any time, be corrected by the State Government by notification in the Official Gazette.
38. 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.