(1) This Act may be called the Rajasthan Monuments, Archaeological Sites and Antiquities Act, 1961.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions-In this Act, unless the subject or context otherwise requires,-
(i)"ancient or historical monument" means any archaeological building, structure, erection or monument or any tumulus, tomb or place of interment or any cave, rock-sculpture, rockpainting or sculpture of or on stone, metal, terracotta or other immovable object or any inscription or monolith, which is of historical, archaeological or artistic importance, interest or value, and includes –
(a) any remains thereof,
(b) the site thereof,
(c) the portion of land adjoining such site which may be necessary or required for the preservation, protection, upkeep and maintenance of the same, and
(d) the means of access thereto and of convenient inspection and repairs thereof;
but does not include an ancient monument as defined in the Central Act, to which the provisions of that Act apply for the time being;
(ii) "antiquity" means –
(a) any coin, sculpture, epigraph, manuscript, record, document, picture, painting, printed matter or other work of art or craftsmanship,
(b) any article, object or thing of historical, archaeological or artistic importance, interest or value, detached from a protected monument or collected from or discovered in a protected area;
(c) any article, object or thing illustrative of science, art, crafts, literature, religion, customs, morals or politics in bygone ages, and
(d) any other article, object or thing of historical, archaeological or artistic importance, interest or value, and includes any article, object or thing which the State Government may, by notification in the Official Gazette, declare, by reason of its historical or archaeological association, to be an antiquity for the purposes of this Act but does not include an antiquity as defined in the Central Act, to which the provisions of that Act apply for the time being;
(iii) "archaeological officer" means an officer, of the Department of Archaeology of the State Government not below such rank as the State Government may from time to time prescribe;
(iv) "archaeological site" means any mound indicating ancient habitation or any area which contains or is reasonably believed to contain ruins or relics of historical or archaeological importance, interest or value and includes –
(a) any remains thereof,
(b) the site thereof,
(c) the portion of land adjoining such site which may be necessary or required for the preservation, protection, upkeep and maintenance thereof, and
(d) the means of access thereto and of convenient inspection, repairs and excavation thereof, but does not include an archaeological site and remains as defined in the Central Act, to which the provisions of that Act apply for the time being;
(v) "Central Act" means the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (Central Act 24 of 1958) as amended from time to time ;
(vi) "Director" means the Director of Archaeology and Museums of the State and includes any officer appointed by the State Government to perform the duties of the Director under this Act ;
(vii) "maintain", with its grammatical variations and cognate expressions, includes the fencing, covering in, repairing, restoring and cleaning of an ancient or historical monument, an archaeological site or an antiquity or the doing of any act which may be necessary for the preservation, protection, upkeep or regulation of such monument, site or antiquity, or for securing convenient access thereto;
(viii) "owner" used with reference to an ancient or historical monument, archaeological site or antiquity includes –
(a) a joint owner invested with powers of management of or over such monument, site or antiquity on behalf of himself and other joint owners and the successor-in-title of any such owner, and
(b) any manager or trustee exercising powers of such management and the successor-in-office of any such manager or trustee;
(ix) "Prescribed" means prescribed by rules made under this Act;
(x) “Protected” when used with reference to an ancient or historical monument or an archaeological site, means such monument or site which may be declared by the State Government under section 3 to be a protected monument or a protected area;
and
(xi) "Protected antiquity" means an antiquity declared by the State Government under section 3 to be a protected antiquity and includes any article, object or thing referred to in sub sub-clause (b) of clause (ii)
3.Power to declare monuments etc. to be protected -
(1) The State Government may declare for the purposes of this Act –
(i) any ancient or historical monument to be a protected monument, or
(ii) any archaeological site to be a protected area, or
(iii) any antiquity to be a protected antiquity.
(2) Before making any such declaration as is referred to in sub-section (1), the State Government shall, by notification in the Official Gazette give two month,s notice of its intention to do so and a copy of such notification along with a statement of the reasons for which such declaration is proposed to be made, shall be affixed in a conspicuous place at or near the ancient or historical monument or the archaeological site which is proposed to be declared as protected or on or near the place where or in which such monument or the antiquity proposed to be declared as protected is for the time being.
(3) Any person interested in any such monument, archaeological site or antiquity may, within two months after the publication of such notification in the Official Gazette, object to the proposed declaration.
(4) On the expiration 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 Official Gazette -
(i) an ancient or historical monument to be a protected monument, or
(ii) an archaeological site to be a protected area, or
(iii) an antiquity to be a protected antiquity.
(4A) Notwithstanding anything contained in Sub-Sections (2) and (3), where the State Government is satisfied with respect to any monument, archaeological site or antiquity, that there is immediate danger of its removal or destruction, it may instead of proceeding under the said sub-sections, by Notification in the official Gazette and for reasons of its satisfaction to be recorded in such notification, forth with make a declaration under clauses (i), (ii) or (iii), as the case may be, of sub-section (4) in respect of any such monument, archaeological site or antiquity :
Provided that any person interested in any such monument, archaeological site or antiquity may within two months after the publication of such notification object to the declaration so made and the State Government after giving to such person an opportunity of being heard, may by order in writing dismiss the objection or withdraw the notification."; and (ii) in sub-section (5), after the expression "under subsection (4)", the expression "or under sub-section (4A)" shall be inserted.
4. Repeal and savings –
(1) The Rajasthan Monuments, Archaeological Sites and Antiquities (Amendment) Ordinance, 1975 (Rajasthan Ordinance No. 29 of 1975) is hereby repealed.
(2) Notwithstanding such repeal, anything done or action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act.
Inserted by Law Department Notification No. F.2(48)Vidhi/75 dated 24 January, 1976. (Published in Exo.
Gazette dt. 24.1.1976.
* This Act may be called the Rajasthan Monuments, Archaeological Sites and Antiquities (Amendment) Act, 1976.
5. A notification published under sub-section (4) shall, unless and until it is withdrawn, be conclusive evidence of the fact that the ancient or historical monument, archaeological site or antiquity to which it relates is a protected monument, a protected area or a protected antiquity for the purposes of this Act.
CHAPTER II Protected Monuments.
4. Acquisition of rights in or guardianship of a protected monument-
(1) The director may, with the sanction of the State Government, purchase or take a lease of, or accept a gift or bequest of any protected monument.
(2) Where a protected monument is without an owner, the Director may, by notification in the Official Gazette, assume the guardianship of such monument.
(3) The owner of any protected monument may, by written instrument, constitute the Director to be the guardian of such monument and the Director may, with the sanction of the State Government, accept such guardianship.
(4) When the Director has accepted the guardianship of a protected monument under subsection (3), :-
(a) The owner shall, except as expressly provided in this Act, have the same estate, right, title and interest in or to the monument as if the Director had not been constituted a guardian thereof; and
(b) the provisions of this Act relating to agreements executed under section 5, shall apply to the written instrument executed under the said sub-section.
(5) Nothing in this section shall affect the use of any protected monument for customary religious observances.
5. Preservation of protected monument by agreement –
(1) The Collector, when so directed by the State Government, shall propose to the owner of a protected monument to enter into an agreement with the State Government within a specified period for the maintenance and upkeep of the monument.
(2) An agreement under this section may provide for all or any of the following matters, namely :-
(a) the maintenance and upkeep of the monument;
(b) the custody of the monument and the duties of any person who may be employed to watch it;
(c) the restriction of the owner's right –
(i) to use the monument for any purpose, or
(ii) to charge any fee for entry into, or inspection of, the monument, or
(iii) to destroy, injure, mutilate, deface, alter, repair, remove or disperse the monument or to allow it to fall into decay, or
(iv) to build on or near the site of the monument;
(d) the facilities of access to be permitted to the public or any section thereof or to archaeological officers or to persons deputed by the owner or any archaeological officer or the Collector to inspect or maintain the monument.
(e) 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 such land, or any specified portion of such land, at its market value;
(f) the payments of any expenses incurred by the owner or by the State Government in connection with the maintenance and upkeep 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 and upkeep of the monument;
(h) the appointment of an authority to decide any dispute arising out of the agreement;
and
(i) any matter connected with the maintenance and upkeep 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 by the State Government with the consent 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 month's 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 and upkeep of the monument during the five years immediately preceding the termination of the agreement or, if the agreement has been in force for a shorter period, during the period the agreement was in force.
5. An agreement under this section shall be binding on any person claiming to be the owner of the monument to which it relates, from, through or under a party by whom or on whose behalf the agreement was executed.
6. Owners under disability-
(1) In case of the owner of a protected monument being unable, by reason of infancy or other disability, to act for himself, the person legally competent to act on his behalf, and, in case of village property, the lambardar or other village-officer exercising powers of management of or over such property, may exercise the powers conferred upon an owner by section 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 acting to make or execute an agreement relating to a protected monument which or any part of which is periodically used for the religious worship or observances of that religion.
7. Failure or refusal to enter into agreement-
(1) If any owner or other person competent to enter into an agreement under section 5 for the maintenance and upkeep of a protected monument refuses or fails to enter into such an agreement, the State Government may make an order providing for all or any of the matters specified in sub-section (2) of section 5.
(2) No order under sub-section (1) shall be made unless the owner or other person has been given an opportunity of making a representation in writing and being heard against the proposed order.
(3) Every order made under sub-section (1) shall be binding on the owner or such other person and on every person claiming title to the monument from, through or under the owner or such other person.
(4) When an order made sub-section (1) provides that the monument shall be maintained by the owner or other person competent to enter into an agreement, all reasonable expenses for the maintenance and upkeep of the monument shall be payable by the State Government.
8. 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 and upkeep of a protected monument refuses or fails to enter into such an agreement, and if any endowment has been created for the purpose of keeping such monument in repair or for that purpose among 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 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.
9. Enforcement of agreements-
(1) If an owner or other person who is bound by an agreement for the maintenance and upkeep of a protected monument under section 5 refuses of 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 and upkeep of the monument, the Director may authorise any person to do any such act, and the owner or other person shall be liable to pay the expenses of doing any such act or such portion of 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 sub-section (1), it shall be referred to the State Government whose decision shall be final.
10. Power to make order prohibiting contravention of agreement-
(1) If the Director apprehends to the owner or occupier of a protected monument intends to destroy, injure, mutilate, deface, alter, disperse, remove, imperil or misuse the monument or to allow it to fall into decay or to build on or near the site thereof in contravention of the terms of agreement under section 5, he may, after giving such 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 in any case where the Director, for reasons to be recorded, is satisfied that it is not expedient practicable to do so.
(2) Any person aggrieved by an order made under sub-section (1) any appeal to the State Government within such time and in such manner as may be prescribed and the decision of the State Government shall be final.
11. Purchasers and persons claiming through owner bound instrument- Every person who purchases any land on which is situated a protected monument in respect of which any instrument has been executed by the owner for the time being under section 4 or section 5, and every person claiming any right, title or interest to or in a monument from, through or under an owner who executed any such instrument, shall be bound by such instrument.
12. Acquisition of protected monument –
(1) If the State Government apprehends that a protected monument is in danger of being destroyed, injured, mutilated, defaced, altered, dispersed, removed, misused or allowed to fall into decay, the State Government may acquire it under and in accordance with the provisions of the Rajasthan Land Acquisition Act, 1953 (Rajasthan Act 24 of 1953) as if the preservation, maintenance and upkeep of the monument were a public purpose within the meaning of that Act.
(2) No protected monument shall be acquired under sub-section –
(a) If such monument or any part of it is periodically used for religious observances, or
(b) If such monument is the subject of a subsisting agreement executed under section 4 or section 5, and
(c) unless the owner or other person competent to enter into an agreement under section 5 has failed to enter into an agreement proposed to him by the Collector under subsection (1) of section 5 within the period specified in such proposal, or
(d) unless such owner or other person has terminated or given notice of his intention to terminate an agreement made under section 5.
13. Maintenance of certain protected monuments –
(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 14 have been acquired.
(2) When the Director has assumed or accepted the guardianship of a protected monument under section 4, he shall, for the purpose of the maintenance and upkeep of 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 and repairing the monument and for the purpose of bringing such materials and doing such acts as he may consider necessary or desirable for the maintenance and upkeep thereof.
"13A. Power to enter into agreement for the maintenance of certain monument.-
(1) The State Government may, for the purposes of maintenance of a monument falling under section 13, enter into an agreement with any person, firm or trust on such terms and conditions, not inconsistent with the provisions of this Act, as may be specified in the agreement.
(3) Notwithstanding anything contained in section 20A, the person, firm or trust referred to in sub-section (1) shall be entitled to collect and retain the whole or such portion of the fee leviable under section 20A and for such period, as may be agreed upon between the State Government and such person, firm or trust, having regard to the expenditure involved in the maintenance of the monument and collection of fee, interest on the capital invested, reasonable return on the investment and the volume of visitors".