3t TIiE ARUNACHAL PR.ADESH ANCIENT MONU.
MENTS, ARCHAEOLOGICAL SITES AND REMAINS
PRESERVATION ACT. 1987
(Act. No. 4 of 1990) lo Vrotidefor preservalion o-{ .ertain oncienl and historicol monuments and archaeologicul sites and remains and for the regulotionof excatation of archaeological sites in Anmachal Pradesh, other than o/ lhose declaretl by po iament bv lqv lo be of national impotlance. Be it enacted bv the Legislative Asscnrbly ofArunachal Pradesh in the Thirty-eighth Year of tlre Republic of India as follows :-
CHAPTER1
PRELIMINA RY
l. (1) This Act may be calledthe Pradesh Ancient Monuments, Archaeological Remains Preservation Act, 1987. Short title.
extent and
commence-
ment.
(2) It shall extend to the whole of Arunachal Pradesh
(3) It shall come into force at once
(4) Nothing in this Act shall apply to protected monuments or protected areas as defined in clause (i) and (j) respectively of soction 2 of the Anci€nt Monuments and Archaeological Sites and Remains Act, 1958 and as declared under section 3 of the Ancient Monuments preservation Act, 1904.
2. tn this Act. urlcss the context othcrwise rcquires.- Definitirrns
(a) "ancient monument" means any structure, erection or monument or any tumulas or place of interment or any qlve, rock - sculpture, inscription or monolith, which is of historical, archaeological o!' artistic interest and which has been in existence for not less than one hundred years, and includes-
(i) the remains of an ancicnt monument,
(ii) the site of an ancient monument, Arunachal
Sites and
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(b) "antiquity" includes-
(i) any coin, sculpture, manuscript, epigrap or other work of art or craftsmanship,
(ii) an)' article, objest or thing detached from a building or cave.
(iii) such portion of land adjoining the site of an ancient monument as may be required for fencing or covering in or otherwise preservirg sucl'r monument, and
(iv) the means of access to, and convenient inspection of, an ancient monument;
(iii) any article, object or thing illustrative of sciencr art, crafts, literalure, religion, customs, morals or politics in bygone ages,
(iv) any article. object or thing of intcrest, and
historical.
(v) any article, object or thing declared by the GovernDetrt, by nolification in the Official Gazette, to be an antiquity for thc purposes of this Act, which has been in existence for not less than one hundred years;
(c) "Archaeological Officer" means an officer of the Historical/Archaeological Section of the Department of Research, Government of Aruna- chal Pradesh and includes any oflicer authorised by the Government to p€rform the duties of the Archaeological Officer under this Act ;
(d) "archaeological site and remains" means any area which contains or is reasonably believed to contain ruins or relics of historical or archaeo- logical importance, which have been in existance for not less than one hundred years, and includes-
(i) such portion of land adjoining the area as may be required for fencing, covering in, or otherwise preserving it, and
(ii) the means of access to. and convenient iospection of, the arca ;
(e)
"Goventment" means thc Govcrnment ol Arunachal Pradesh ;
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(O "maintain" with its grammatical variations and cognate expressions, includes the fencing, covering in, repairing restoring and cleaning of a protected monument and the doing of any act which may be necessary for the purpose of a protected monument or of securing convenient access thereto ;
(g) "Owner" includes-
(i) a joint owner invested with power of manage- ment on b€half of himself and other omers and the successor-in-title ofany such owner ; and
(ii) any manager or trustee exercising powers of management and the successor-in-office of any such manager or trustee ;
(h) "prescribed" means prescribed by rules made under this Act ;
(i) "protected area" means any archaeological site and remains which is declared so by the Govern- ment under se.tion 3 of this Act ;
(j) "protected monument" means an ancient monu- ment which is declared to be a protected monu- ment under section 3 of this Act.
CHAPTER II
PROTECTED MONUI\,IENTS AND PROTECTED
AREAS
3. (l) The Government may, by notification in the Ofrcial Gazette, declare any ancient monument to be protected monument or any archaeological sites and remains to be protected areas for the purpose of this Act and a copy of every such notification shsll be affixed in conspicuous place of such monument or archaeo- logical site and remains as the case may be.
(2) Any person interested in such monument or archaeological siles and remains may, within sixty days from the date ofissue ofthe notification, submit objections, if any , to such declaration to the Government.
(3) On the expiry of the said period of sixty days, the Government may. after considering the obiections, ifany, shall confirm or modify or withdraw the nolification. Power to
declare
protected
monuments
or protected
areas.
36
6.(1) ff the owner of a protected monunont 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 conlerred upon an owner bv section 5-
(2) In the case of village property. the headmao or other village-omcer exercising powers of management over such property may exercise the powers conferred upon an owner by section 5.
(3) Nothiug in this section shall be deemed to em- po\ryer any Ixrson 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 whrch is periodically used for the religious worship or observances of that religion.
7. (l) If any owner or other person competent to enter into an agreement under section 5 for main- tonance of a protected monumant, 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 prrrpose among othcrs, the Govern- ment may institute a surt in the court of the Distflct Judge, or if the estimated cost of repairing thc monu- ments does not Cxceed one thousend rupees may make an application to the District Judge for the propcr appli- cation of such endowment or part thereof.
(2) On the hearing of an application under sub- section (I), 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 appli- cation of the endowment or of any part thereof and any such order may be executed as if it were a decree of Civil Court.
8. (l) If any owner or other person competent to enter into ao agreement under section 5 for the main- tenance of a protected monument refuses or fails to enter into such an agreement, the Government may make an order providing for all or any of the matters specified in sub-section (2) of section 5 and such order shall be binding on the owner or such other person and on every p€rson claiming title to the monumeot from, through or under, the owner or such other person.
(2) Where an order made under sub-section (l) provides that the monument shall be maintained by the owner or other person competent to enter into an agree- ment, all reasonable expenses for the maintenance of the monument shall be payable by the Government. Owncrs under
disability or
not possession,
Application
of endowment
to repair
protected
monument.
Failure or
refusal to
enfer into
agreement.
(3) No order under sub.section (l) shall bo made unless the owner or other person has been given an opportunity of making a representation, in writing, against the proposed order.
9. (l) If the Archaeological Officer apprehends that the owner or occupier of a protected monument is likely to destroy, remove, alter, deface, imp€ril or misuse the monumert or to build on or near the site thereof in contravention of the terms of an agreemcnt under s€ction 5, he may, after giving the owner or occupier an opportunity of making a repres€ntation, in writing, make an order prohibiting any such contravention of the agreement :
Provided that no such opportuDity may be given in any case where the Archaeological Officer for reasons to be recorded is satisfied that it is not expedient or practicable to do so.
(2) Aly person aggreived by an other under this section may appeal to the Government withinsuch time snd in such manner as may be prescritred and the decision of the Government shall be final.
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10. (l) If an owner or order 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 Govemment may fix, to do any such act wbich, in the opinion of the Government, is necessary for the maintenance of the monument, the Governmeot may authoris€ 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 payableby the owner or other person under sub.s€ction (l) it shall be referred to the Government whose decision shall be 6na.l.
ll. Every person who purchases, at a sale for arrears of land reveunc or any other public demand, any land on which is situated a ,monument in respect ol which any instrument has been executed by the owner for the time bcing under section 4 or section 5, and every person claiming any title to a monument from, through or under an owner who executed any such instrumetrt shall be bound by such instrument.
Power to
make ordcr
prohibiting
conttaven-
tion of
agreement,
Enforcemetrt
of agree-
ment.
Purchascrs at
c€rtain sales
and persons
claiming
through owner
bound by
iDstrumetrt
executed by
owner.
5
11. If the Government apprehends that a prolccted nonument is in darger of being destroyed, injurcd, misused, or allowed to fall in to decay, it may acquire the protected monument under provisions of the I-and Acquisilion Act, 1894, as if the maintenance of the protec- ted monument were a public purpose within the meaning of thBt Act.
13. (l) The Govemment sh.rll maintain ever) monument which has been acquircd uoder scction 12 or in respect ol which any of the rights mentionedin section 5 have been acquired.
(2) When the Government has assumed the guardian- ship of a monument undcr section 4, it shall, for the purpose of maintaining such monument have access to the monument at all reasonable times, by itsetfand b1,its agent, subordinates and workmcn, lbr the purpose of inspecting the monumcnt and for the purpose of bringing such materials and doing such actsas the Govern- ment may consider necessary or desirable for the mainten- ance thereof.
14. The Govemment may receive voluntary contri- butions towards the cost of maintaining a protected monument and may give orders as to the management and application of any funds so received by it :
Proyided that no such contribution received under this section shall be applied to any purpose otherthan the purpose for which it was contributed, without consent, in writing, of the donar.
15. (l) The protrcted monumcnt maintaioed by the Goyernment under this Act which is a place of worship or shrine shall not be used for any purpose inconsistent with its character.
(2) Where the Government has acquired a protected monument under sectionl2, or has purchased, or taken a lease or acbepted a gift or bequcst or assumed guardian- ship of , a protected monument under section 4, and such monument or any part thereof is used lor religious worship or observances by any community, the Govern- ment shaU make due provision for the protection of such monument of part thereof, from pollution or desecration-
(a) by prohibiting the entry therein, except in accor- dance with the conditions prescribed with the con- currencc o[ the person, if any, in religious charge of Compulsory
acquisitron of
protected
monuments.
Maint enance
of certain
protected
monumrnts.
Voluntary
contributions.
Protection of
place of
*'orship from
mlsuse,
pollution or
des;crtioD.
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6
39
the said monument or part thereof, any person, not entitled to enter by the religious usages of the commu- nity by which the monument or part thereof is used, or
16. Where rights have been acquired by the Govern- ment in respect of any monument under this Act by virtue of any sale, lease, gitt or will,the Government may, by notification in the Omcial Gazstte, relinquish the rights so acquired to the person who would- for the lime belng, be the owner of the monument if such rights had not been acquired.
17. Subject to any rules made under this Act the public shall haye a right of access to any protected monument.
18. (i) No person, including the owner or occupier of a ?rotected monument or area shall construct any building within the protected area or carry on any mirring, quarrying excavating blasting or any operation of a like nature in such area, or utilise such area or any part thereof in any other manner without the permission of the Goyernment:
Provided that nothing in this sub-section shall be deemed to prohibit the use of any such are{ or part thereof for purposes of cultivation, if such cultivation does not involved the digging of not more than one foot of soil from the surface.
(2) The Govemment may, by order, direct that any building constnrcted by any person within a pro- tected area in contravention of the provisions of sub- section (l) shall be removed within a specified period aod, if the person refuses or fails to comply with thc order, the Deputy Commis;ioner may cause the building to be demolished and the person concemed shall be liable to pay the cost of such removal.
19. If the Government is of opinion that anypro- t€cted area contains an ancient monumcnt or antiquities of archaeological interest and value, it may acquire such area under the provisions ofthe Land Acquisition Act, 1894, as if the acquisition were for a public purpose within the meaning of that Act.
Relinquishment
of rights in
monuments
by Govern-
ment.
Right of
access to
protected
monuments.
Rights of
access to certain
protect€d
monuments,
restrictions on
enjoyment of
rights in protec-
ted area.
Power to
aequire
protected
afea.
(b) by taking such action as it uray think necessary in this behalf.
4t GovernmcDt. the Government may. by notification in thc Omcial Gazette, dir€ct that any such antiquities or any class of such antiquities shall not be moved except with the written permission of the Government.
(2) Every application for permission under sub- section (l) shall be in such form and contain such parti- culars as may be prescribed.
(3) Person aggrieved by an order rcfusing permission may appeal to the Government whose decision shall be f,nal.
24. (l) If the Goyernment apprehends that any antiquity mentioned in a notifcation issued under suE section (l) of section 23 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 archa- eological importance, it is desirable to preserve such antiquity, the Government may make an order for the compulsory purchase of such antiquity at its market value and tbe Archaeological Officer shall thereupon give notice to the owner of the antiquity to be purchased.
(2) Wh€re a notice of compulsory purchase is issued under sub-section (l) in respect of any antiquity, such antiquity shall vest in the Government with effect from the date of the notice.
(3) The power of compulsory purchase given by this section shall not extend to any image or symbol actually used for bonafide religious worship or observances.
CHAPTER V
PRINCIPLES OF COMPENSATION
25. Any owner or occupier of a land who has sus- tained any loss or damage or any diminution of profits from the land by reason of any entry on or excavation in, such land or the exercise of any other power conferred by this Act shall be paid compensation by the Govern- ment lor such loss, damage or diminution of profits.
26. (l) The market value of any propeny which the Government is empowered to purchase at such value under this Act or the compensation to be paid by the Governnlent in respect of anything done under this Act shall, where any dispute arises in respect of such market valuc or compensation, be ascertained in the manner provided in sections 3, 5, 8 to 34, 45 to 47, 5l and scction 52 of the I-and Acquisition Act, 1894 so l'ar as they can be made applicable :
moving ot'
antiquitics
Purchase of
antiquities
bythe
GoYernment
Compensation
for loss or
damage.
Assessment oI
market value
or compen-
sation.
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42
Provided that, when making an enquiry under the said Land Acquisition Act, the Deputy Commissioner shall be assisted by the two assessors one of whom shall bc nominated by the o,rner and in case the owner l'ails to norlinate as assessols rvithin such reasonable tine as may be fixcd by the Deputy Commissioner in this behalf the Deputy Conmissiouer shall make enquiry by himself.
27. Tlre Government may, by notification in the Olicial Gazette, direct that any powers conferred on it by or undcr this Act shall, subjcct to such conditions as may bc specified in the direction, be exercisable also by such omcer or authorit_v subordinate to the Govern- ment as may be specified in the direction.
28. (l) Whoever
(i) destroys, remoyes, idures, altcrs, defaces, imperils or misuses a protected monument ;or
(ii) beiDg the owncr or occupicr of a protected monu- ment contravenes an order made under sub- scction (l) of scction 8 or under sub-section (l) of section 9 ;
(iii) removes from a protected monument, any sculpture, carving, images, bas-relief,inscription or other like obiects ; or
{iv) does any act in contravention of sub-section (l) of section 18,
shall be punishable rvith imprisonmcnt which may exteod to one year or with fine which may' extend to ten thousand rupees or both.
Delegation
of porvcrs.
Penalties.
JurisCiction
to try ofences,
Certain
offenc€s to
bc cognizable.
(2) Any person v,'ho moves any antiquity in contra- yention of a notification issued under sub-seclion (l) of section 23 shall be punishable with line which may extend to five thousand rupees and tbe court convicting a person of any such contravention may, by ordor direct such person to restore the antiquity to the place from rvhere it was removed.
29. No court inferior to that of a Magistratc of the first class shall try any offence under this Act.
30. Notwithstanding anything crntainod in the Code of Criminal Procedure, 1973, offences under clause (i) o; clause (iii) of sub-section (l) of section 28 shall be deemed to be a cognizable offencc rvithin the meaning
of thal Code.
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31. Notwilhstanding anything contained in section 29 of the Criminal Procedure Code 1973. it sball be lawful for any Magistrate of First Class, spr:cially emporv- ered by the Government in this behalf to pass a sentence of fine exceeding two thousand mp€es on any person convicted of an offenc€ which under this Act is punishable with fine exceeding two thousand rupees.
Spec!a.l
provlston
regarding
fine.
Recovery of
amounts duc
to the
Government.
32. A-ny amount due to the Goyernment from any person under this Act shall, on a certificate issued by the Archaeological Officer, be recoverable in the game manner as an arcar of public demand.
33. If the Government is of the opinion that it is no longer necessary to prcserve or protect an)' protected monuflrent or protected arca, it may, b) notification in tbe Official Gazette. declarc that such monument or area shall ccasc to be protected monumcnt or protected area for the purpose of this Act.
34. (l) The Govemment ma1'. by notificationin the Omcial Gazette and subiect to the condition ofprc- vious publication, make mlcs for carrying out thepur- poses of this Act.
(2) In particular and without prcjudice to the gererality of the foregoing power, such rules may provide forall or any ofthe following matters. namely :-
(a) the right of access ofthe public to f, protectcd monument or arca and the fce, if any,to be charged thcreof ;
(b) the form and contents of the rcport of an Archaeological Omcer under clause(a) of sub-section (l) of section 22 ;
(c) the form lhich application for permission under section 18 or 24 may be madeand particula.s which excavation and other like operations for archaeological purposes may be carricd on :
(f) the manner in which excavation and other like operations for archaeological purposes may be carried on ;
(g) any other matter which is to be or mav be prescribed.
Protected
mgnument
wh ich ceased
44
(3) Any rule made under this section may also provide that a breach thereof shall be punishable :-
(b)
five
(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 ;
(ii) in the case of rule made *'ith rcfercnce to clause of sub-section (2), with fine which may extend to thousand rupees ;
(iii) in thc case of a rule made with rcference to clausc (c) of sub-section (2), with 6ne which mat extend to five thousand rupces.
/r'OIE .' Published in the Arunachal Pradesh Gazette. Extraordinary No. 269, Vol I\', dated May
25. I990.