Government of West Bengal Law Department
Legislative
West Bengal Act XXXI of 1957 The West Bengal Preservation of Historical Monuments and Objects and Excavation of Archaeological Sites Act, 1957 Superintendent, Government Printing West Bengal Government Pi'ess, Alipore, West Bengal
1958
f
•^Price—Indian, 19 nP.; English, 4d.
1
P9'm,n*v
I T
,'r [ayt);Mfii5%'i
•:/M rJi j"*.: . »M r*
• A,;- :• • ins
•'V«W ltn« '?:09rr:}iiay;y"
-II ^IWV' .
U*>/SK)loa«H.TfA. ■ ^ , }■ •» I .
p"'''
■■I,
y- ■
/ ■■
\
. 'X ■\..i ifS.
2
West Bengal Act XXXI of 1957 THE WEST BENGAL PRESERVATION OF HiSTORI
GAL MONUMENTS AND OBJECTS AND EXOAVA
TiON OF ARCHAEOLOGICAL SITES ACT, 1957. {Passed by the West Bengal Legislatwe-I i Assent of tho Pi-er,ideiit Tvas, drat publi^iliod in \.]
[7t'h Marcli, 19o8.J
Am -ict to provide for the preservation in certasin cases oj historical monuments and objects and for-the e.vcaratwv of archaeological sites in West Bengal.
it IS liereby enacted in tlie Eiglith Year of tlie Bepublic of India, by tbe Legislature of West Bengal, as foilo^s: — Preliminary.
f ( 71 Idiis Aet may be railed tlie West Bengal Preser- 8hort titie, vation Historical. Momments and Objects and Excavation
G A vcliaeolog'ical Sites Act, 195 j. ment eunid
' a pplicH-
(V) It extends to tlie whole of West Bengal. tion.
. s hall eouie into force on such date as the State 0 '"'^■uiiient may, by notification in the 0-ffi.cial Gazette. j^ppoint.
^4) Nothing in this Act shall apply to-- '
(fi) ancient or historical monuments or archaeological sites or remains declared by or under law made by Parliament to be of national importance; or 7 ^
b) any A n a c n ie ci n e t n t M m o o n n u u m m e e n n t t s s or P r a e n .s t e iq rv u a it t i i e o s n to A c w t. l iicl 1 i 90 th 4 e , applies on tbe date of the commencement of this
Act or is made applicable after such date. " -
2 In this Act, unless there is anything repugnant in tteflaitioos subject or context.-
"Collector" means the Collector of a district;
(0) "Comroissioner" includes any officer authorised bv the State (loTernment to perform the dutie.s of a O'onimiasioner under this Act;
(S) "histutoreri,c ael remctoionnu moer nmt" onmoelaitnhs oarn ym obnuuimldeinngt , ors trauncy- mound or tumulus or any tomb or place of inter
ment, or any caTe, or any smrlpture or iiisciip-
tion on an immovable object or any part, or
3
47r>
2 The WeT Bengal Presei'vation of/llistOTioal Monuments and Ohjects and E.rcavation of ArahaeologLral Sites' Act, 19r5?.
[West Ben. Act
(Preliminarn.—Section 2.)
remains tliereofj or a particular site^ ■wh.icli the State Governineiit by leason of its historical association, considers it necessary to protect against destruction, injury, alteration, mutila tion, defacement, removal, diBperaion or falling into decay, and includes—
in) the site of such mouimient.
{h) such portiou of laud adjoining the site of such
• monument as may he required for fencmg or covering in or otherwise preserving such monument.
-
(o) the means of access to and convenient inspection •*.■ ■ of sucli monument;
'4) "historical object" means,-
(a) any document, luanuscript, printed matter, jjicture or painiing, or any movahle object or any matter containing any inscription or carving.
(h) any movable object other than, those specified above,
which the Stale Government by reason of its historical association, considers it necessary to ^ . •
protect against destruction, injury, alteration, mutilation, defacement, removal, dispersion or k, >
falling into decay; l'**'
!T.>>-' : ('"51 "maintain" and "maintenance" include the fencing, : • >'
covering in, repairing, restoring and cleansing of a pintected monument and the doing of any act^ which may be necessary for the purpose of .r-
Uiaintaining a protected monument or of securing corivenient access thereto; and
<6) owner includes a joint owner invested with powers 0T_ management on behalf of himself and other 3oint owners, and any manager or trustee exer cising powers of management over a historical monument, and the successor in title of any such owner and the successor in office of any such manager or trustee:
Provided that nothing in this Act shall 1ie deemed to extend the powers which may lawfully be exercised by such manager or trustee. 'h , ! I,
4
Th^ West Bengal Preservaiton of Biatoriccil Motmmenta 3 and Objects and Eiccavatton of Archaeological Sites Act, 1957,
XXXI 01 1957.]
(Historical Morvuments.—Sections 3, 4.) Historica} Monuments.
3. (i) The State Government may, by notification in Stote-- tlie Official Gazette, declare a historical monument to be a protected State-protected monument within the meaning of this Act. Sent*
(2) A copy of every notification published under sub section (1) shall be fixed up in a conspicuous place on or near the monument, together with a notice that any objections to the contents of the notification received by the State Government .within one month from the date when the copy is so fixed up will be taken into consideration. (.3) On the expiry of the said period of one month, the State Government, after considering the objections, if any, shall confirm or withdraw the notification.
(4) A notification published under this section shall, unless and until it is withdrawn, be conclusive evidence of the fact that the monument to which it relates is a State- protected monument within the meaning of this Act, 4, (1) The Collector, with the sanction of the State Aoquiiioion Government, may purchase or take a lease of any State- protected monument. diaiSiip of
1 • • 1 1 -1 • ^
(2) The Collector,' with the like sanction, may accept a protected ift or bequest of any State-protected monument. monuinent. /^) The owner of any State-protected monument, may, ] y "W^ritten instrument, constitute the Commissioner the nardinn of the monument, and the Commissioner may, with ?■[ f, sanction of tJie State Government, accept such
C7
(4) When the Commissioner has accepted the guardian- ?hueiP oowin ear Sshtaatlle,^-preoxtceecptetda smeoxnpurmesesnlyt upnrodveird esdubi-nsecthtiiosn A(3c)t rJ have the same right, title and interest in and to the menu-
r g e u n ar t d ia as n i t f h e t r h e e o f. Commissioner had not been constituted
(5) When the Commissioner has accepted the guardian ship of a State-protected monument under sub-section (3). the provisions of this Act relating to agreements entered into under section 5 shall apply to the written instrument referred to in the said sub-section.
iWhere a State-pr.o.tected ' jnonument is without an owner, fche;-'CoThmissioner may assume tiie guardianshiphi the monument. i - .
5
■ ■ r - ■ ■ . ■ r?
' ̂ 4 The West Bengal Preservation of Historical Monuments K a nd Objects am,d Excavation of Archaeological Sites Act, 1957.
[West Ben. Aet
(^Historical Monwments.—Section 5.)
'• Freeerva- 5. {1) Tlie Collector may, with, the previouB sauction Won of a of the State Government, propose to the owner to enter into Stat^pro- agreement with the State Government for the preserva- monument tion of any State-protected monument in his district, by agreo-
j " ment. (2) An agreement under this section may provide for the following matters, or for such of them as it may be found expedient to include in the agreement, namely :— (а) the maintenance of the monument;
(б) 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 to destroy, injure, alter, mutilate, deface, remove or disperse or to ' allow to fall into decay the monument or to build on or near the site of the monument;
{d) the facilities of access to be permitted to the public ^ and to persons deputed by the owner or the Collec tor 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 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;
(/) the payment of any expenses incurred by the owner or by the State Government in connection with the preservation of the monument;
{g) the proprietary or other rights whicJi are to vest in the State Government in respect of the monument when any expenses are incurred by the State Gov ernment in connection with the preservation of the monument;
{h) the appointment of an authority to decide any dis pute arising out of the agreement; and
ii) any matter connected with the preservation of the monument which is a proper subject of agreement between the'owner and the vState Government. \ \
' ' . i
(d) The terms of an agreement under this section may be altered from time to time with the sanction of the State Government and with the consent of the owner. {4) "With the previous sanction of the State Government, the Collector may terminate an agreement under this section on giving six months' notice in wi'iting to the owner. if) The owner may terminate an agreement under thin sectiop on giving six motiths' nb^^be fh to iiife Oblleetbr. - " • .
6
, ■ • ■ ^ ^ . r-7 The West Bengal Preservation of Historical Monuments 5 and Objects and Excavation of Archaeological Sites Act, 1957.
XXXI of 1957.]
(Historical Monuments.—Sections 6—8.)
(6) An agreement under this section shall be binding on . any person claiming to be owner of the monument to which it relates, through or under a party by whom or on whose , C behalf the agreement was executed. . i, ,
(7) Any rights acquired by the State Government in respect of expenses incurred in protecting or preserving a monument shall not be affected by the termination of an agreement under this section,
6- If the owner is unable, by reason of infancy or other Owners disability, to act for himself, the person legally competent to act on his behalf may exercise the powers conferred upon not'in an owner by section 5. session.
7, (1) If the Collector apprehends that the owner or Enforce- occupier of a monument intends to destroy, injure, alter, mutilate, deface, remove or disperse or to allow to fall into decay the moniiment or to build on or near the site thereof in contravention of the terms of an agreement for its reservation under section 6, the Collector may make an order prohibiting any such contravention of the agreement. (^) If an owner or other person who is boimd by an reement for the preservation or maintenance of a r^nument under section 5 refuses or neglects to do any act \vrheiscehr vaist ion or maopiinntieonna nocfe ,t hwei tChoilnl escutcorh nreecaessosnaarbyl ef otri mseu cahs ^naV he fixed by the Collector, the Collector may authorise
i m Ti y v person to do any suc e h n jjy such act or s\ich porti oanc to,f a tnhde tehxep eenxspee nasse tohfe odwonienrg may he liable to pay under the agreement may be recovered
^oii ̂ he owner as if it were an arrear of land-revenue.
(S) A person aggrieved by an order made under this section may appeal to the Commissioner, who may cancel or modify if' whose decision shall be final. g. Every person who purchases any_ land on which is Purohaaert situated a monument in respect of which any instrument certain h se a c s t i h o e n e 4 n o e r x e s c e u c t t e i d o n b 5 y , t a h n e d o e w v n e e ry r p f e o r r s o t n h e c l t a i i m m e i n b g e i a n n g y , r u i n g d h e t r , ^ S ^ a ®B S an c d title or interest in a monument from, through or under an through
owner who executed any such instrument, shall be bound by owner
such instrument. bound by
instrumenli
executed
by owner.
7
t The West Bengal Preservation of Historical MonumenXs a Objects and Excavation of Archaeological Sites
1957.
[West Ben. Act (Historical Momiiiients.—Sections 9, 10.) Applies^ 9a (-?) If any owner or otiier person, competent to enter tion of
into an agreement under section 5 for tlie preservation of a endowment
State-protected monument, refuses or fails to enter into sucL to repair of
a State- an agreement when proposed to liim by the Collector, and if protected
any endowment has been created for the purpose of keeping monument.
such monument in repair or for that purpose among others, the Collector may institute a suit in the Court of the District
•Tudge, or if the estimated cost of repairing the monument does not exceed one thousand rupees, may make an applica tion to the District Judge for the proper application of such endowment or part thereof.
ifi) On the hearing of an application under sub-section(i), the District Judge may summon and extimine 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 the decree of a Civil Court.
State Government apprehends that a State-
Bitionofa' P^'^^scted monument is in danger of being destroyed, injured, State-pro- altered, mutilated, defaced, removed or dispersed or of falling tected into decay, the State Government may acquire it under the maaumeut.
provisions of the Land Acquisition Act, 1894, as if the of preservation of the State-protected monument were a "public purpose" within the meaning of that Act.
The powers of compulsory acquisition conferred by sub-section (1) shall not be exercised in the case of—
(a) any monument which or any part of which ig periodically used for religious observances; or
(b) any monument which is the subject of a subsisting agreement executed under section 5:
Provided that in case of repeated infringement of the agreement by the owner as stated in section 7
:
the State Government may exercise its powers of compulsory acquisition.
V other than the cases referred to in sub -
\k' section (.«) the said powers of compulsory acquisition shall
• y
not be exercised unless the owner or other person competent
. a greement under section 5 has failed, witnin such reasonable period as the Collector may fix in ;V .
tins behalf, to enter into an agreement proposed to him under the said section or has terminated or given notice of his intention to terminate such an agreement.
(4) In cases of urgency whenever the State Government 50 directs, the Collector, though no award has been made, may, On the expiration of 15 days from the date of publica tion of the notice mentioned in section 9, sub-section (1) of
8
I he West Bengal Preservation of Bistoncal.Monu'ments 7 and Objects and Ea;cavatio'ri of Archaeological Sites- Act, 1957. " -f,
XXXI of 1957.] V
•jV' ''■a (Historical Monuments .—Sections 11,12.) I of 1894. the Land Acquisition Act, 1894, take possession of the State- protected monument. Such monument shall thereupon vest absolutely in the State Government free from all encum brances.
11. (i) If the State Government is of opinion that Power ot mining*, quarrying, excavating, blasting and other opera- State tions of a like nature should be prohibited, restricted or ^ent^to regulated for the purpose of protecting or preserving any control State-protected monument, the State Government may, by mining, notification in the OMcial Gazette, make rules— eottea.t,e n-peraor*-
(a) fixing the boundaries of the area to which the rules \ ® , mnnnn
are to apply,
monument.
(b) forbidding the carrying on of mining, quarrying, excavating, blasting or any operation of a like nature except in accordance with the rules and with the terms of a licence, and
(c) prescribing the autJiority by which, and the terms on which, licences may be granted to carry on any of the said operations.
(2) The power to make rules given by this section is subject t p o u b th lic e a t c i o o n n d .
ition of the rules being made after previous
(3) A rule under this section may provide that any person ^ojjii^itting a breach thereof shall be punishable with a fine ^hich may extend to two hundred rupees.
(^4) If owner or occupier of land included in a noti- floation under sub-section (1) proves to the satisfaction of the JSjtcahte laGuodvebreninmgensot itnhcalut dheed ,htahse sSutsattaeinGedo velorsnsm beyn trsehaaslolnn aovf jiixQ due compensation in respect of such loss.
prot1e2c.t ed( im) oTnhuem eCnotm imn isrseiospneecr t sohfa lwl hlaicahm ttahien Setavteer yG oSvteartne-- Manaaien toefa ineut acquired ̂ ny oi the rights mentioned in section 4 certain
Or.Ar w' hich the State Government has acquired under section 10 ■ protected
(^) When the Comniissioner has accepted the guardian- Smts
ship of a State-protected monument under section 4, he shall,
for the purpose of maintaining such monument, have access
to the monument at all reasonable times, by himself and by
h in is s pe a c g t e in nt g s , th s e u b m or o d n in u a m te e s n t, a n a d n d w o fo rk r m t e h n e , p f u o r r p o t s h e e o p f u b rp r o in s g e i nt o j* f such materials and doing such acts as he may consider nece^
sary or desirable for the maintenance thereof.
9
8 T he West Bengal Preservation of Historical Monuments and Objects and Excavation of Archaeological Sites Act,
1957.
£West Ben. Act fHistorical Monuments.—Sections 13^16.—Historical Objects.— Section 17.)
Voluntary 13, Tke Coiamissioner maj; receive voluntary contribu contribu tions towards the cost of maintaining a State-protected tions.
monument and may give orders as to the management and application of any funds so received by bim; Provided tbat no contribution received under this section shall be applied to any purpose other than the purpose for which it was contributed.
Belinqui- 14. With the sanction of the State Government, the shmeat of
Commissioner may— Govem-
ment {a) where rights have been acquired by the State Govern rights in ft
ment in respect of any State-protected monument State-
protected tmder this Act by virtue of any sale, lease, gift, or monument. will, relinquish the rights so acquired to the person who would for the time being be the owner of the monriment if such rights had not been acquired; or
{h) relinquish any guardianship of a State-protected monument which he has accepted under this Act. Bight of 15i (i) Subject to such rules as may after previous access to
publication be mad© by the State Government, the public certain
shall have a right of access to any State-protected monument State-
protected maintained by the State Government under this Act. monu
ments. {2) In making any rule under sub-section {1) the State Government may provide that a breach of it shall be punisli- able with fine which may extend to fifty rupees. penalties. 16. Any person other than the owner who destroys, injures, alters, mutilates, defaces, removes or disperses or allows to fall into decay a State-protected monument main tained by the State Government under this Act or in respect of which an agreement has been executed under section 5, and any owner or occupier who contravenes an order made under section 7, sub-section (2), shall be punishable with, fine which may extend to five thousand rupees, or with imprison
A
ment which may extend to three months, or with both. Historical Objects.
power to 17» (2) If tie State Government considers it necessary State in the public interest that any historical object should not Govern
be moved from the place where it is without the sanction of ment to
the State Government, the State Government may, by notifica control
moving or tion in Offtdal Gazette, direct that such historical object histoTicftl ghall not be moved unless with the written permission of the objects. Collector.
10
The West Bengal Preservation of Historical-Alonuvients and Objects and Efccavatlon of Archaeolofjical Sites Act, 1957.
XXXI of 1957.]
(Historical Objects.—Section 18.—Excavation of Archaeological Sites.—Section 19.)
(2) A person applying for tlie permission mentioned in siib-section (1) shall specify the historical object which he proposes to move, and shall furnish, in regard to such object, any information which the Collector may require.
(3) If the Collector refuses to grant such permission, the applicant may appeal to the Commissioner, whose decision shall be final.
(4) Any person, who moves any object in contravention of a notification issued under sub-section (1), shall he punish able with a fine which may extend to five hundred rupees.
(5) If the owner of any property proves to the satisfaction of the State Grovernment that he has suffered any loss or damage by reason of the inclusion of such property in a noti fication published under sub-section (1), the State Government shall either—
(a) exempt such property from the said notification;
(b) acquire such property, if it be movable, at its marJret-value; or
(c) pay compensation for any loss or damage sustained by the owner of such property, if it be immovable.
11
10 The West Bengal Preservation of HistoHcal Monuments and Objects and Excavation of Archacolo/jical Sites Act, 1957.
[Weet Ben. Act
{Excavation of Archaeological Site.—Sections 20, 21.) any owner or occupier of land in such site shall not be afiected except that he shall not be allowed to change the character of the vState-protected archaeological site. Power t/O 20. {].) Any ofdcer of the State Government, empowered enter upon in this behalf or any person holding a licence under section 21 and make
may, with the written permission of the Collector, enter upon excava
and make excavations in any State-protected archaeological tions in a
State- site.
protected
archaeolo
gical site. (2) Where, in the exercise of the power conferred by subsection (i), the rights of any person are infringed by the occupation or disturbance of the surface of any land, the
State Government shall pay to that person compensation for
the infringement.
Power of 21. {1) The State Government may make rules—
State
Govem-
meiit to. (a) prescribing the authorities by whom licenses to
make rules excavate for archaeological purposes in a State-
regulating
protected archaeological site may be granted; archaeolo
gical exco-
(/^) regulating the conditions on which such licences may vafcions in
State- be granted, the form of such licences, and the protected taking of security from licensees; archaeolo
gical sitcp. (c) prescribing the manner in which antiquities found by a licensee shall be divided between the Stat^
Government and the licensee; and
(cZ) generally to carry out the purposes of section 19.
(2) The power to make rules given by this section is subject to the condition of the rules being made after previous publication,
" {3) Such rules may be general for all State-protected archaeological sites for the time being, or may be special for any particular protected site or sites.
{4) Such rules may provide that any person committing a breach of any rule or of any condition of a licence shall be punishable with fine which may extend to five thousand rupees, and may further provide that where the breach has been by the a^^ent or servant of a licensee,t he- licensee hitaself shair b'6 punishable. - ; • - •
>>•' ■
12
The M esi Preservation of Historical Monuments and Objects and Excavation of Archaeological Sites Act,
1957.
XXXI of 1957.) (Supplemental and Miscellaneous.—Sections 22—25.) Supplemental and Miscellaneous.
22. {I) The market-vahie of auy pro]>ei'ty which the Assessment State Ctoverniueut is empoweieJ to acquire at such value ofmarket- uuclei; this Act, or the eompeusation to be paid l)y the State TOm^p^a- Goverament in respect of auytliiiig' done under this Act. shall, tion wJieie ujjy dis]")ute arises in I'espect of snch niarket-vahie or coinj)onsation, be ascertained in the inatmer provided hy the Land Acquisition. Act, 1894, sections 3, 8 to 34, 45 to 47, 51 and 52, so far as they can be made applicable:
Provided that when making an inquiry under the said Land Acquisition .Act, 1894, the Collector shall be assisted bj' ■4! two assessors, one of whom shall he a competent person nominated by the Collector, and one a person nominated by the owner or, in case the owner fails to nominate an assessor within such reasonable time as may be fixed by tiie Collector in this behalf, by the Collector.
23. A Magistrate of the third class shall uot have juris- Jurisdic- diction to try any person charged with an offence against this Act.
24. (/) The State Government may inalce lailes for carry- Power to ing out any of the i^urposes of this Act. ' make rules.
(2) The power to make rules under this sectiou shall l)e in addition to and Jiot in derogation of any of the provisions of this Act and shall be subject to the condition of the rules being* made after previous publication.
25. suit for comju-nsation and no criininnl proceeding ^ .shall lie against any public servant in respect of any act done, servants o po r w in e r confe f r a re it d h b in y t e t n h d is e d A c to t . he done, in the exercise of aiiv ' a im ct d in e o rthe Act.
VVBaP-oS/9-o4r)/\-."^i
' -d'.
,.1 ^ „•
13