... .
Tripura Act No. 2 of 1997.
THE TRIPURA ANCIENT MONUMENTS AND
ARCHAEOLOGICAL SITES AND
REMAINS ACT, 1991
Tripura Act No. 2 of 1997.
THE TRIPURA ANCIENT MONUMENTS AND
ARCHAEOLOGICAL SITES AND
REMAINS ACT, 1997
Published in.th e
EXTRAORBINARY ISSUE OF TRIPURA GAZETTE
Agartala, Saturday, June 28, 1997 A.D. Asadha 7, 1919 S. E.
Government of Tripura
Law Department
-L W LEG/97. Dated, Agartala, the 17th June 1997.
e following Act of tt e Tripura Legislative Assembly received the assent of the
I-t May, 1997 and is hereby published for genera} information,
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Tripura Act No. 2 of 1997
THE TRIPURA ANCIENT MONUME TS AND ARCHAEOLOGICAL SITES AND
REMAI S ACT, 1997
AN
ACT
for the preservation of ancient and historical monuments and archaeological sites
and remains, for the excavation of archaeological ites and for the protection of anti-
quities in Tripura other than those declared by or under law made by the Parliament to
be of national importance.
Be it enacted by the Legislative Assembly of Tripura in the forty seventh year of
the Republic of India as follows:-
Short title,
extent &
commencement.
Oe5nitiona.
CHAPTER-I
Preliminary
1. (1) This Act may be called the Tripura Ancient Monuments and
Archaeological Sites and Remains Act, 1997.
(2) It extends to the whole of Tripura.
(3) It shall cume into force on such date as the State Govt. may,
by notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires.
(a) 'Ancient monument' means any structure, erection or monu-
ment or any tumulus or place of interment, or any cave, rock
sculpture, inscription or monolith, which is of historical,
archaeological or artistic interest and which has been in
existence for not less than seventy five years, and includes ...
(i) the remains of an ancient monument.
(ll) the site of an ancient monument.
(iii) such portion of land adjoining the site of an ancient
monument as may be required for fencing or covering in
or otherwise preserving such monument, and
(iv) the means of access to, and convenient inspection of, an
ancient monument.
(b) 'Archaeological site and remain' means any area which con-
tains or is reasonably believed to contain ruins or relics of
historical or archaeological importance which have been in
existence for not less than seventy five years and includes .....
(i) such portion of land adjoining the area as may be required
for fencing or covering in or otherwise preserving it, and
(ii) the means of access to, and convenient inspection of, the
area.
(c) 'Antiquity' includes .
(i) any coin, sculpture, manuscript, epigraph, or other wor
of art or craftsmanship.
Tripura Act No. 2 of 1997
THE TRIPURA ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND
REMAINS ACI‘, 199
AN
ACT
for the preservation of- ancient and historical monuments and archaeological sites
and remains, for the excavation of archaeological sites and for the protection of anti-
quities in Tripura other than those declared by or under law made by the Parliament to
be of national importance.
Be it enacted by the Legislative Assembly of Tripura in the forty seventh year of
the Republic of India as follows :—
CHAPTER—I
Preliminary
Short title, 1. (1) This Act may be called the Tripura Ancient Monuments and
extent & Archaeological Sites and Remains Act, 1997.
commencement.
(2) It extends to the whole of Tripura.
(3) It shall come into force on such date as the State Govt. may,
by notification in the Oflicial Gazette, appoint.
2. In this Act, unless the context otherwise requires.
(a) ‘Ancient monument’ means any structure, erection or monu-
ment or any tumulus or place of interment, or any cave, rock
sculpture, inscription or monolith, which is of historical,
archaeological or artistic interest and which has been in
existence for notless than seventy five years, and includes...
(i) the remains of an ancient monument.
(ii) the site of an ancient monument.
(iii) such portion of land adjoining the site of an ancient
monument as may be required for fencing or covering in
or otherwise preserving such monument, and
(iv) the means of access to, and convenient inspection of, an
ancient monument.
(b) ‘Archaeological site and remain’ means any area which con-
tains or is reasonably believed to contain ruins or relics of
historical or archaeological importance which have been in
existence for not less than seventy five years and includes .....
(i) such portion of land adjoining the area as may be required
for fencing or covering in or otherwise preserving it, and
(ii) the means of access to, and convenient inspection of, the
area.
(c) ‘Antiquity’ includes .........
(i) any coin, sculpture, manuscript, epigraph, or other wo
of art or craftsmanship.
Definitions.
(ii) any article. object or thing illustrative of science, art,
literature, religion, customs, morals or politics in bygone
ages.
(iii) any article, object or thing of historical interest, and
(iv) any article, object or thing declared by the State Govt.,
by notification in the Official Gazette, to be an antiquity
for the purposes of this Act, which has been in existence
for not less than seventy five years.
(d) 'Collector' means the Collector of a District.
(e) 'Construction' means the construction of any structure and
includes addition to or alterations of an existing building.
'Land' includes a revenue-free estate and a permanent trans-
rera e enure whether such an estate-tenure be subject to
inecmbraaces or not.
and cognate ex-
in, repairing, resto-
~{J~!ecteumcnument, and the doing of
~ e urpose of preserving
securing on renient access there
i h powers of management on
other joint-owners and the successor-
h owner, and
management or trustee exercising powers of manage-
the successor-in-office of any such management
ee.
ed' means prescribed by rules made under this Act.
) 'Protected monument' means an ancient monument, archaeo-
logical sites or remain which may be declared to be of histori-
cal importance by or under this Act.
(k) 'Prohibited area' means- an area near or adjoining a protected
monument which the State Government has, by notification in
the official gazette, declared to be a prohibited area by or under
this Act.
(1) 'Protected area' means any archaeological site and remains
which is declared to be of historical or archaeological impor-
tance by or under this Act.
(m) 'State Archaeological Officer' means an Officer of the De-
partment of Education of the Government of Tripura and
includes any officer associated with works related to Archaeo-
logical Unit and Govt. Museum as may be authorised by the
State Government to perform the duties of the State Archaeo-
logical officer.
(ii) any article, object or thing illustrative of science, art,
literature, religion, customs, morals or politics in bygone
ages.
(iii) any article, object or thing of historical interest, and
(iv) any article, object or thing declared by the State Govt.,
by notification in the Official Gazette, to be an antiquity
for the purposes of this Act, which has been in existence
, for not less than seventy five years.
(d) ‘Collector’ means the Collector of a District.
(e) ‘Construction’ means the construction of any structure and
includes addition to or alterations of an existing building.
Hf) Mi m a revenue-free estate and a permanent trans-
m team whether such an estate-tenure be subject to
7 C’ 1“.
kW «fictions and cognate ex-
by“. mg in, repairing, resto-
dawmtandthedoingof
_¥&yhd|epurposeofpreserving
, _ 6%; convenient access there
0.! heeded with powers of management on
' d Hi and other joint-owners and the successor-
“ d any such owner, and
E) .y W or trustee exercising powers of manage-
ment and the successor-in-ofl‘ice of any such management
or trustee.
(i) ‘Preecribed’ means prescribed by rules made under this Act.
(j) ‘Protected monument’ means an ancient monument, archaeo-
logical sites or remain which may be declared to be of histori-
cal importance by or under this Act.
(1:) ‘Prohibited area’ meansr an area near oradjoining a protected
monument which the State Government has, by notification in
the oflicial gazette, declared to be a prohibited area by or under
this Act.
(1) ‘Protected area’ means any archaeological'site and remains
which is declared to'be of historical or archaeological impor—
tance by or’under this 'Act. .,
(m) ‘State Archaeological Oflicer’ means an Ofiicer of the De-
, partment of Education of the Government of Tripura and
, includes any oflicer associated with works related to Archaeo-
t ‘ logical Unit and Govt. Museum as may be authorised by the
|' - . State Government to perform the duties of the State Archaeo-
I logical ofiicer.
Decl§rl\tion ef
protected
monument,
Acquisition of
right or
guardianship
over protected
monument.
Agreement for
preservation of
ancient
menument.
CHAPTER-II
Protected Monument
3. (1) The State Government' may, by notification in the Official
Gazette, declare an ancient monument or archaeological site or remains to
be a protected monument for .historical importance within the meaning of
this Act.
(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
an intimation that any objection to the issue of the notification received by
the State Government within one month from the date when it is so fixed
will be taken into consideration.
(3) On the expiry of the said period of one month, the State Go-
vernment, after considering the objections, if any, shall confirm or with-
draw the notification.
(4) A notification published under this Act shall, unless and until it
is withdrawn, be conclusive evidence of the fact that the monument to
which it is related is an ancient monument within the meaning of this Act.
4. (1) The State Archaeological Officer, with the sanction of the
State Government, may purchase, or take a lease of, or accept a gift or
be-quest of any protected monument or archaeological site and remains.
(2) When a protected monument or archaeological site and remains
is without an owner, the State Archaeological Officer may by notification
in the Official Gazette, assume the guardianship of the monument or
archaeological site and remains.
(3) The owner of any protected monument or archaeological site
and remains may, by, written instrument, constitute the State Archaeo-
logical Officer the guardian of the monument or archaeological site and
remains, and the State Archaeological Officer may, with the sanction of
the State Government, accept such guardianship.
(4) When- the State Archaeological Officer has accepted the
guardianship of a -monument under sub-section (3) the owner shall, except
as expressly provided .in this Act, have the same estate, right, title and
interest to and in the monument or archaeological site and remains as if
the State Archaeological Officer had not been constituted guardian thereof.
(5) When the State Archaeological Officer has accepted the guar-
dianship of a monument or archaeological site and remains under sub-
section (3), the provisions of this Act relating to agreements executed under
Section 5 shall apply to the instrument executed under the said sub-
section.
5. (1) The Collector, when so directed by the State Govt., shall pro-
pose to the owner of a protected monument or archaeological site and re-
mains to enter into an agreement with the State Government, within a
specified period for the maintenance of the monument or archaeological
site and remains in his district.
Decanting 0.5
protected
monument,
CHAPTER—II
_‘ ~ - 4 1 Protected Monument
3. (1) The State Government “may, by notification in the Ofiicial
1 Gazette, declare an ancient monument or archaeological site or remains to
~ be a; protected monument for itistorical importance within the meaning of
this Act.
(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
an intimation that any objection to the issue of the notification received by
the State Government within one month from the date when it is so fixed
will be taken into consideration.
(3) 0n the expiry of the said period of one month, the State Go-
. vernment, after considering the objections, if any, shall confirm or with-
Aerauisition of '
guardianship
over protected
monument.
Agreement for
preservation of
ancient
monument.
draw the notification.
(4) A notification published under this Act shall, unless and until it
is withdrawn, be conclusive evidenceof the fact that the monument to
which it is related is.an ancient monument within the meaning of this Act.
4 (1) The State Archaeological Oficer, with the sanction of the
State Government, may purchase, or take a lease of, or accept a gift or
Ere-quest of any protected monument or archaeological site and remains.
(2) When a protected monument or archaeological site and remains
is without an owner, the State Archaeological Ofiicer may by notification
in the Official Gazette, assume the guardianship of the monument or
archaeological site and remains.
(3) The owner of any protected monument or archaeological site
and remains may, by, written instrument, constitute the State Archaeo-
logical Ofiicer the guardian of the monument or archaeological site and
remains, and the State Archaeological Ofi'icer may, with the sanction of
the State Government, accept such- guardianship.
(4) Whenw the State Archaeological Officer has accepted the
guardianship of amonument under sub-section (3) the owner shall, except
as expressly provided .in this Act, have the same estate, right, title and
interest to and in the monument or archaeological site and remains as if
the State Archaeological Ofiicer had not been constituted guardian thereof.
(5) When the State Archaeological Oflicer has accepted the guar-
dianship of a monument or archaeological site and remains under sub-
section (3), the provisions of this Act relating to agreements executed under
Section 5 shall apply to the instrument executed under the said sub-
section.
5. (1) The Collector, when so directed by the State Govt., shall pro-
pose to the owner of a protected monument or archaeological site and re-
mains to enter into an agreement with the State Government, within a
Specified period for the maintenance of the monument or archaeological
site and remains in his district.
(2) An agreement under this Section may, provide for all or an~
of the following matters namely c
(a) the maintenance of the monument or archaeological site and
remains;
(b) the custody of the monument or archaeological site and re-
mains and the duties of any person who may be employed to
watch it;
(c) th restriction of the owner's rights-
(i) to use the monument for any purpose,
(ii) to charge any fee for entry into, or inspection of the monu-
ment or archaeological site and remains,
(iii) to destroy, remove, alter or deface the monument or
archaeological site and remains,
(iv) to build on or near the site of the monument or archaeo-
iogical site and remains;
(d) the facilities of access to be permitted to the public or any
section thereof or to the State Archaeological Officer or to
persons deputed by the owner or the State Archaeological
Officer or the Collector to inspect or maintain the monument
or archaeological site and remains;
(e) the notice to be given to the State Government in case the
land on which the monument or archaeological site and re-
mains is ituated or any adjoining land is offered for sale by
the owner and th right to be reserved to the State Govern-
ment to purcha e such land, or any specified portion of such
land;
(f) the payment of any expenses incurred by the owner or by
the State Government in connection with the maintenance
of the monument or arc! 'teological site and remains;
(g) the proprietary or other rights which are to vest in the State
Government in respect of the monument or archaeological
site and remains when any expenses are incurred by the
State Government in connection with the maintenance of the
monument or archaeological site and remains ;
(h) the appointment of an authority to decide any dispute arising
out of the agreement; and
(i) any matter connected with the preservation of the monu-
ment or archaeological ite and remains which is a proper
subject of agreement between the owner and the State Go-
vernment.
(3) 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 months' 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
(2) An agreement under this Section may provide for all or an;-
6! the following‘ matters namely:
(a) the maintenance of the monument or archaeological site and
remains ,
(b) the custody of the monument or archaeological site and re-
mains and the duties of any person who may be employed to
watch it;
(c) the restriction of the owner’s rights——
(i) to use the monument for any purpose,
(ii) to charge any fee for entry into, or inspection of the monu-
ment or archaeological site and remains,
(iii) to destroy, remove, alter or deface the monument or
archaeological site and remains,
(iv) to build on or near the site of the monument or archaeo-
. logical site and remains;
(d) the facilities of access to be permitted to the public or any
section thereof or to the State Archaeological Oflicer or to
persons deputed by the owner or the State Archaeological
Ofiicer or the Collector to inspect or maintain the monument
or archaeological site and remains;
(e) the notice to be given to the State Government in case the
land on which the monument or archaeological site and re-
mains is situated or any adjoining land is ofi‘ered for sale by
the owner and the right to be reserved to the State Govern-
ment to purchase such land, or any specified portion of such
land;
(f) the payment of any expenses incurred by the owner or by
the State Government in connection with the maintenance
of the monument or archaeological site and remains ,
(g) the proprietary or other rights which are to vest in the State
Government in respect of the monument or archaeological
site and remains when any expenses are incurred by the
State Government in connection with the maintenance of the
monument or archaeological site and remains;
(h) the appointment of an authority to decide any dispute arising
out of the agreement; and
(i) any matter connected with the preservation of the monu-
ment or archaeological site and remains which is a proper
subject of agreement between the owner and the State Go-
vernment.
. .(3) 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 months’ 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
Legally com-
petent person
to act 00 be-
half pf person
under disability
Suit for proper
application of
the endowment
for maintenance
of protected
monument.
Fa iIure to en ter
into agreement
by it OJ} the 11! iptc:ntlnc{: of the monu{l1en~ pr archaeological site aA'
remains, during the fiv~ ¥~~r iInmcpi tely 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.
(4) Any agreement under this Section shall be binding on any per-
son claiming to be the owner of the monument or archaeological site and
remains, to which it relates, from, through or under a party by whom or
on whose behalf the agreement was executed.
6. (1) If the owner of a protected monument or archaeological site
and remains is unable, by reason of infancy or other disability, to act for
j1iaw~lf, the person. legally competent tet act on his behalf may exercise the
powers conferred upon an owner by Section 5.
(2) In the case of village property, the head man or other village
officers exercising powers of management over such property may exercise
the powers conferred upon an owner by Section 5.
(3) Nothing in the 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 ~!lagreement relating to a protected monument or
archaeological site and remains which or any part of which is periodically
used for religious worship or observances of that religion.
7. (1) If any owner or other person competent to enter into an agree-
ment under Section 5 for the maintenance of a protected monument or
archaeological site and remains, refuses or fails to enter such an
agreement, and if any endowment has been created for the purpose of
keeping such monument or archaeological site and remains in repair the
State Go' -t. may institute a suit in the court of the District Judge for the
proper application of such endowment or part thereof.
(2) On the hearing of an application under sub-section (1), the Dis-
trict 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 any part thereof, and any such order
may be executed as if it were a decree of the civil court.
8. (1) If any owner or other person competent to enter into an agree-
ment under Section 5 for the maintenance of a protected monument or
archaelog. _al site and remains refuses or fails to enter into such an agree-
ment, the State 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 person claiming
title to the monument or archaeological site and remains from, through or
under, the owner or such other person.
(2) Vhere an order made under sub-section (1) provides that the monu-
ment or archaeological site and remains shall be maintained by the owner
or other person competent to enter into agreement, all reasonable expenses
for the maintenance of the monument or archaeological site and remains
hall be .payable b the- ~e Government.
Legally com-
petent person
to act on be-
half at moon
under disability
Suit for proper
application of
. the endowment
ft?“ maintenance
protected
monument
Failure to enter
into agreement
”shall hf: llayabi; bynthe' 5161‘} Government.
by it on the maratggapcg of the mgggntent or archaeological site and
remains, during the five yggrg gunmdgtgy greggding the termination of
the agreement or, if the agreement has been 111 force for a shorter period,
during the period the agreement was in force.
(4) Any agreement under this Section shall be binding on any per-
,son claiming to be the owner of the monument or archaeological site and
remains, to which it relates, from, through or under a party by whom or
on whose behalf the agreement was executed.
6. (1) If the owner of a protected monument or archaeological site
and remains is unable, by reason of infancy or other disability, to act for
himself, the pcrsonlesellr cemeteat to act .on his behalf may exercise the
were confirmed Linen manner by Section 5.
(2) In the case of village property, the head man or other village
officers exercising powers of management over such property may exercise
the powers conferred upon an owner by Section 5.
(3) Nothing in the 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 or
archaeological site and remains which or any part of which is periodically
used for religious worship or Observances of that religion
7. (1) If any owner or other person competent to enter into an agree-
ment under Section 5 for the maintenance of a protected monument or
archaeological site and remains, refuses or fails to enter such an
agreement, and if any endowment has been created for the purpose of
keeping such monument or archaeological site and remains in repair the
State Govt. may institute a suit in the court of the District Judge for the
prOpcr application of such endowment or part thereof.
(2) 011 the hearing of an application under sub-section (1), the Dis-
trict 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 any part thereof, and any such order
may be executed as if it were a decree of the civil court.
8. (1) If any owner or other person competent to enter into an agree-
ment under Section 5 for the maintenance of a protected monument or
archaclogivral site and remains refuses or fails to enter into such an agree-
ment, the State 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 person claiming
title to the monument or archaeological site and remains from, through or
under, the owner or such other person.
(2) Where an order made under sub-section (1) provides that the monu-
ment or archaeoiogical site and remains shall be maintained by the owner
or other person competent to enter into agreement, all reasonable expenses
for the maintenance of the monument or archaeological site and remains
pr!h~:P
oorittavention
of agn:cmcnt
Enforcement of
agreement,
e sons
aiming under
-er to be
und by
cement.
1-
r isition ofcteeted
:s ument.
LS
(3) 0 order under sub~~ctiQn!p sll~ll b~ made unless the
owner er other person has been given ~ ,?pPQftumty of making a
representation in writing against toe proposed order,
9. (1) If the State Ardlae()logi~al Offic~r. apprehends that the
owner or occupier of a protected monument or archaeological site
and remains in en to des roy, remove, alter, deface, imperil or use
the monumen or arch eological ite and remains or to build on or
near the i e ereof in contravention of the terms of an agreement
under Sec ion 5 e ata Archaeological Officer may, after giving
.he 0 -ner or occu .er an opportunity of making a representation in
vri . . e a or er pro ibi ins any such contravention of the I
: a- no uch opportunity may be given in case where
• cnaeo ogical officer, for reasons to be recorded, is
dient or practicable to do so.
person aggrieved by an order under this Section may
rate Government within such time and in such
prescribed and the decision of the State Govt.
.' 0 ner or other person who is bound by an agree-
enance of a monument or archaeological site and
ec "on 5. refuses or fails within such reasonable time as
~ haeo ogical Officer may fix, to do any act which in the
op '0 e ate Archaeological Officer is necessary for the
mai te -~ e of e monument or archaeological site and remains,
he "a-e. chaeo ogical Officer may authorise any person to do any
" 0" e 0 -ner or other person shall be liable to pay the
doi g any such act or such portion of the expenses as
a - be liable to pay under the agreement.
_ ~: an. dispute arises regarding the amount of expenses
payai e ." e 0 rner or other person under sub-section (1) it shall
be refer e 00" e ....ate Government whose decision shall be final.
z.ve " person who purchases at a sale, for arrears of land
-...,--other public demand, any land on which is situated a
archaeological site and remains in respect of which any
- been executed by the owner for the time being under
ec ion 5 and every person claiming title to a monu-
aeological site and remains from, through or under an
- teduch an instrument shall be bound by such an
C. - the State Government apprehends that a protected monu-
men or archaeological site and remains is in danger of being
destroved injured, misused, or allowed to fall into decay, it may
acquire rotected monument or archaeological site and remains
under the provisions of the Land Acquisition Act, 1894 (Act 1 of 1894)
Enforcement of
tenement.
Persons
claiming under
finer to be
Iwnd by
‘ Uument.
Aquisition of
patented
unmet“.
(3) N9 qndgr page: sub-,spctrgn (1) shall be made unless the
Q e m umty of making a
1‘3;qu wrrtuléfiagams'i tgweB proposgqufider.
9- (I) If ”I! Sate Wei .Qffieer apprehends that the
Met .or m at! m Wt or archaeological site
and mymmmmve, alter, deface, imperii or use
the monument or
near the site ..- _
under Section?
venetian and remains or to build on or
qgaithe terms of an agreement '
Archaedfogic
Qfficer may, after giving
‘P
: ‘fly such contravention of the
a representation in
.. , Sggh 99 FiQflunitY may be given in case where
._.....g,, 931 Qfigsr, for reasons to be recorded, is
‘ . rs nqt gradient or— practicable to do so.
(2) Any person aggrieved by an order under this Section may
appeal to the State Government within such time and in such
manner as may be prescribed and the decision of the State Govt.
shall be final.
10. (1) If any owner or other person who is bound by an agree-
ment for the maintenance of a mOnument or archaeological site and
remaim under Section 5, refuses or fails within such reasonable time as
the State Archaeological Officer may fix, to do any act which in the
opinion of the State Archaeological Officer is necessary for the
maintenance of the monument or archaeological site and remains,
the State Archaeological Officer 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.
11. Every person who purchases at a sale, for arrears of land
revenue or any other public demand, any land on which is situated a
monument or archaeological site and remains 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 title to a monu-
ment or archaeological site and remains from, through or under an
owner who executed such an instrument shall be bound by such an
instrument.
12. If the State Government apprehends that a protected monu-
ment or archaeological site and remains is in danger of being
destroyed, injured, misused, or allowed to fall into decay, it may
acquire the protected monument or archaeological site and remains
under the provisions of the Land Acquisition Act, 1894 (Act 1 of 1894)
Maintenance of .
protected
monument.
as if the maintenance of the protected monument or archaeological
site and remains were a public purpose within the meaning of that
Act.
13. (1) The State Government shall maintain every monument
or archaeological site and remains which has been acquired under
Section 12 or in respect of which any of the rights mentioned in
Section 4 have been acquired.
(2) When the State Archaeological Officer has assumed the
guardianship of a monument or archaeological site and remains under
.Section 4, he shall, for the purpose of maintaining such monument
or archaeological site and remains have access to the monument or
archaeological site and remains at all reasonable times, by himself
and by his agents, subordinates and workmen, for the purpose of
inspecting the monument, or archaeological site and remains and for
the purpose of bringing such materials and doing such acts as he may
consider necessary or desirable for the maintenance thereof.
llaintenanoe of '
- protected
monument.
as if the maintenance of the protected monument or archaeological
site a1'1d remains were a public purpose within the meaning of that
--Act.
'2’ ‘13- (1) The-State Government shall maintain every monument
or archaeological site and remains which has been acquired under
. Section 12 or in respect of which any of the rights mentioned in
Section 4 have been acquired.
(2) When the State Archaeological Oflicer has assumed the
guardianship of a monument or archaeological site and remains under
.Section 4, he shall, for the purpose of maintaining such monument
or archaeological site and remains have access to the monument or
archaeological site and remains at all reasonable times, by himself
and by his agents, subordinates and workmen, for the purpose of
inspecting the monument, or archaeological site and remains and for
the purpose of bringing such materials and doing such acts as he may
consider necessary or desirable for the maintenance thereof.
ojuntary
_ tribution for
intenance of
otected
nument
ection of·
e of worship
pollution,
e, •
ration etc.
CHAPTER-Ill
oluntary Contributions
14' The tate Archaeological Officer may receive voluntary contributions
towards the cost of maintaining a rotected monument or archaeological site
and remain and may gi e orders a to the management and application of
any funds so r eived _ him.
Pro ided t 0 ibution received under this Secti on shall be
applied t an} se 0 er than the purpose for which it was contributed.
15', (1) ro I'd monument or archaeological site and remains
maintain d b e State Go ernment which is a place of worship or shrine
shall not r a purpose inconsistent with its character.
e e Sta e Government has acquired a protected monument
. e and remains under Section 12 or where the State
purchased or taken a lease of protected monument
remains under Section 5, and such monument or
e ains, or any part thereof is used for religious
any community. the Collector shall make due
ection of sucb monument or archaeological site and
ereof from pollution or desectration=-
1 by prohibiting enty therein, except, in accordance
ith the conditions prescribed with the concurrence
of persons if any. in religious charge of the said
monument, or archaeological site and remains, Or
part thereof, of any person not entitled so enter by
the religious usages of the comm unity by which the
monument or archaeological site and remains or
part thereof is used ; or
(ii) by taking such other action as he may think
necessary in this behalf.
16. ith t e action of the State Government the State Archaeolo-
gicalOffi er
(a) where rights have been acquired by the State Govern-
ment in respect of any manument or archaeological
lite and remains under this Act by virture of any
scale, lease, gift or will, relinquish by notification.
in the Official Gazette, the rights so acquired to
the person who would for the time being be the owner
of the monument or archaeological site and remains
ifsuch rights had not been acquired; or
relinquish any guardianship of a monument or archaco
logical site and remains which be has assumed under
this Act.
(b)
Voluntary
mntribution for
nintenance of
wotected
monument
hoteCtion of - _
of worship
pollution,
dose, .
laceration etc.
‘shment
*5.
CHAPTER—III
Voluntary Contributions
14' The State Archaeological Officer may waive voluntary contributions
towards the cost of maintaining a protected monument or archaeological site
and remains and may give orders as to themanagement and applicatiOn of
any funds so received by him.
Provided that no contribution received under this Section shall be
applied to any purpose other than the purpose for which it was contributed.
15, (l) A protected monument or archaeological site and remains
maintained by the State Government which is a place of worship or shrine
shall not be usedfor any purpose inconsistent with its character.
(2) Whacthe State Government has acquired a protected monument
or archaeologial site and remains under Section 12 or where the State
Archaeological Oficer has purchased or taken a lone of protected monument
or archaeological siteand remains under SectiOn 5, and such monument or
archaeological site and remains, or any part thereof is used for religious
worship or observance by any community, the Collector shall make due
provision for {the protection of such monument or archaeological site and
remains or part thqeof‘from pollution or desectration—
(i) by prohibiting enty therein, except, in accordance
with the conditions prescribed with the concurrence
ofpersonsifany.in religious charge of the said
monument, or archaeological site and remains, or
part thereof, of any person not entitled so enter by
the religious usages of the community by which the
monument or archaeological site and remains or
part thereof is used ; or
(i) by taking such other action as he may think
nmsary in this behalf.
16. With the sanction ofthe State Government the State Archaeolo-
gical Oficer may :
(a) where rights have been acquired by the State Govern-
ment in respect of any manument or archaeological
site and remains under this Act by virture of any
scale, lease, gift or will, relinquish by notification;
in the Official Gazette. the rights so acquired to
the portion who would for the time being he the owner
of the monument or archaeological site and remains
if such rights had not been acquired ; or
(b) relinquish any guardianship of a monument or archaco
Iggcal site and remains which he has assumed under
t Act.
Right of ac: ess
to protected
monument
Principles of
compensation.
Assessment of
market value
for cornpen-
sation,
17. Subject to the rules made under this Act, the public shall
have right of access to any protected monument or archaeological
site and remains.
18. An owner or occupier of land who has sustained any loss or
damage by reason of an entry on such land or the exercise of any
other power conferred by this Act, shall be paid compensation by
the State Government for such loss or damage.
19. The market value of any property which the State Govern-
ment is empowered to purchase at such value under this Act, or the
compensation to be paid by the State Govt. in respect of anything
done under this Act, shall, where any dispute arises in respect of
such market value or compensation, be ascertained in the manner
pro ..ded in the Land Acquisition Act, 1894 (Act 1 of 1894) so far as
the provision thereof can be made applicable.
Provi.ded that when making an enquiry under the Land Acquisi-
tion Act, the Collector shall be assisted by two assessors, one of whom
shall be a competent person nominated by the owner, or in case the
owner fails to nominate any assessor within such reasonable time
as may be fixed by the Collector in this behalf, by the"Collector.
,‘L
Right of acaess
to protected
monument
Principles ‘ot‘ ,
compensation .
Assessment of
market valufl
for compen-
sation..
_ as may be fixed by the collector in this behalf, by the Collector.
10
17. Subject to the rules made under this Act, the public shall
have right of access to any protected monument or archaeological
site and remains.
18. An owner or occupier of land who has sustained any loss or .
damage by reason of an entry on such land or the exercise of any
other power conferred by this Act shall be paid compensation by
the State Government for such loss or damage. ‘
19. The market value of any property which the State Govern-
ment is empowered to purchase at such value under this Act, or the
compensation to be paid by the State Govt in respect of anything
done under this Act, shall where any dispute arises in respect of
such mar- ket value or compensation, be ascertained in the manner -‘
pro ided? in the Land Acquisition Act 1894 (Act 1 of 1894) so far as”
the provision thereof can be made applicable. ‘
Provided that when making an‘enquir'y under the Land Acquisi-
. - tion Aet. the Cellaotor shall be assistedbby two aSsessors,. one of whom
shall be a competent person neminateat by the OWner, or in case the
owner fails to nominate any assessor within such reasonable time
f
r
s
h
le
le
Excavation in
protected areas
Excavation in
other areas
Compulsory
urchase
f antiquities.
roval for
varion,
CHAPTER-IV
Archaeological Excavations.
Archaeological Officer or an officer authorised by
der his Ac may, after giving notice in writing
and o mer, en er upon and make excavations in any
a 0 0 .cal Officer has reason to believe
ro d area, contains remains or ruins
r archaeological importance, he or an officer
. behalf may, after giving notice in writing
mer, en er upon and make excavation in the
- e-e -'" a result of any excavation made in any area under
'on 21. any antiquities are discovered, the State
cer shall-
n practicable, examine such antiquities and
submit a report to the State Government in such manner
ntaining sueh particulars as may be prescribed;
a e conclusion of the excavation operations, give
o .ce in zriting to the owner of land from which such
annqumes have been discovered, of the nature of such
ui ies.
an order for the compulsory purchase of any such
made under sub-section (3), the State Archaeological
seep them in such safe custody as he may deem fit.
(3) On receipt of a report under sub-section (1), the State
ien may make an order for the compulsory purchase of any
.' ui ies at their market value.
of When an order for the compulsory purchase of any anti-
quities is made under sub-section (3), such antiquities shall vest in
the State Government with effect from the date of order.
23. 0 State Archaeological Officer shall undertake or authorise
any person to undertake any excavation or other like operation for
archaeological purposes in any area, which is not a protected area
except 'ith the previous approval of the Central Government and.
the State Government and in accordance with such rules or direc-
tions, if any, as the Central Government and the State Government
may make or give in this behalf.
manta-nu! I
Excavation in
protected areas
Excavation in
other areas
Com ulsory
se
of antiquities.
“Oval for
mutton.
CHAPTER—IV
"Archaicological Excavations.
20. The State Archaeologicfl Oficer or an officer authorised by
him in this behalf under this Act may, after giving notice in writing
to the ColleCter- and owner, enter upon and make excavations in any
protected area.
21. Where the State ArchaeologicaLOflicer has reason to believe
that any area, utilizing a protected area, contains remains or ruins
or relics of historical or archaeological importance, he or an officer
authorised by hm in this behalf may, after giving notice in writing
to the Collector and the owna, enter upon and make excavation in the
area
22. (t) Whére, as a result of any excavation made in any area under _
Section 20 or Section 21 any antiquities are discovered, the State .,
Archaeological oficer shall—
(i) 8 soon as practicable, examine such antiquities and
submit a-report to the State Govermnent in such manner
and wntaining such particulars as may be prescribed;
(ii) at the conclusionvof the excavation operations, give
notice irrwriting to the owner of land from which such
antiquities have been discovered, of the nature of such
antiqtfities. "'
(2) Until an order for the compulsory purchase of any such
antiquities is made under sub-section (3), the State Archaeological
Officer shall keep them in such safe custody as he may deem fit
(3) On receipt of a report under sub—section (1), the State
Government may make an order for the compulsory purchase of any
such antiquities at their market value.
(4) When an order for the compulsory purchase of any anti-
quities is made under sub-section (3), such antiquities shall vest in
the State Government with effect from, the date of order.
23. No State Archaeological Officer shall undertake or authorise
any person to undertake any excavation or other like operation for
archaeological purposes in any area, which is not a protected area
except with the previous approval of the Central Government and.
the State Government and in accordance with such rules or direc-
tions, it any, as the Central Government and the State Government
may make or give in this behalf.
Power to
control move-
ment of ant i-
quities.
Purchase of
antiquities by
State Govt.
CHAPTER-V
Protection of Antiquities
24. (1) If the State Government considers that any antiquities or
class of antiquities ought not to be moved from the place where they
are without the sanction of the State Government, if may, by notifica-
tion in the Official Gazette, direct that any such antiquity or any
class of such antiquities shall not be moved except with the written
permission of the State Archaeological Officer.
(2) Every application for permission under sub-section (1)
shall be in such form and contain such particulars as may be
prescribed.
(3) Any person aggrieved by an order refusing permission
may appeal to the State Government whose decision shall be final.
25. (1) If the State Government apprehends that any antiquity men-
tioned in a notification issued under sub-section (1) of Section 24 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
archaeological importance it is desirable to preserve such antiquity
in a public place, the State Government may make an order for the
compulsory purchase of such antiquity at its market value to be
determined in the manner prescribed and the Collector shall there-
upon give notice to the owner of the antiquity to be purchased.
(2) Where a notice of compulsory purchase is issued under
sub-section (1) in respect of any antiquity, such antiquity shall vest
in the State 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 observances.
Power to
control move-
ment of anti-
quities.
Purchase of
antiquities by
State Govt.
12
" ‘ , CHAPTER—V
Protection of Antiquities
24. (1) If the State Government considers that any antiquities or
class of antiquities ought not to be moved from the place where they
are withOut the sanctiOn of the State Government, if may, by notifica-
tion in the Official Gazette, direct that any such antiquity or any
class of such antiquities shall not be moved except with the written
permission of the State Archaeological OfliCer.
(2) Every application for permission under sub-section (1)
shall be in such form and contain such particulars as may be
prescribed.
(3) Any person aggrieved by an order refusing permission
may appeal to the State GOVernment whose decision shall be final.
25. (1) If the State Government apprehends that any antiquity men-
tioned in a notification issued under sub-section (1) of Section 24 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
archaeological importanCe, it is desirable to preserve such antiquity
in a public place, the State Government may make an order for the
compulsory purchase of such antiquity at its market value to be
determined in the manner prescribed and the Collector shall there-
upon give notice to the owner of the antiquity to be purchased.
(2) Where a notice of compulsory purchase is issued under
sub—sectiOn (l) in respect of any antiquity, such antiquity shall vest
in the State 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
f religious Observances.
Pena hieS".
Jurisdiction of
courts to try
o'fences.
Offences to be
c gnizable.
otected monu-
nts which
ve ceased
be of historical
portance,
'er to correct
istakes
tection of
on done in
j faith.
CHAPTER-VI
es Injures, alters, defaces, imperils or
monument; or
c: or occupier of a protected monument,
rder made under sub-section (1) or
sub-section (1) of Section 9, shall be-
. prisonment, which may extend to
i h fine which may extend to five--
or with both.
of a Judicial Magistrate of the First.
er this Act.
ything contained in the Code of Criminal
_ 0 1974) an offence under clause (1) or
CXl;1?,IllLC.IJieoffence within the meaning of that
&:~:rn:nen' is of opinion that any protected
ce.::::xo :.' torical importance, it may by notifi--
"'-"--'-'-=- .•.•.~I.LC-••.c· declare that the protected monument
[:j;~~:Ic<i.limportance for the purpose of this Act.
pa ent error or error arising from
description of any ancient monu-
remains declared to be a protected
site and remains by or under this Act
ecrrected by the State Government by notifica-
O:J=;le.!:L5ation and no criminal proceeding shall
respect of any act done in good faith
. xercise of any power conferred by this
m A —g'7
Jurisdiction of
courts to try
offences.
Offences tg be
cognizable.
Protected monu-
ments which
have ceased
so be of historical
- importance.
er to correct
dukes
- Rotation of
' dim done' in
pd faith
i3
A ., : fifijF were. an." -
, .' .,_' II 'V I“ , - ‘I ~ - W‘ V‘
e 7:: ~ :. "rm-
-“ - *W08
(0 6m “Juanita alters, defines, imperils or.
mimetimument or
(i) he“ the.“ or occupier of a protected monument,.
m an order made under sub-section (1) of
”in B (I' under sub-section (1) of Section 9, shall be-
” with inprisonment, which may extend to
flu fill, or with fine which may extend to five
“I rupees, or with both.
27. I. a! thin to that of a Judicial Magistrate of the First.
'flfiuw-‘yMundeI-thisAct.
’ Lila.
“Ayn—ham mthmgcontained in the Code of Criminal
PM an (kt lo. 2 of 1974) an offence under clause (1) of
Seal-S “ h a mble offence within the meaning of that
Cork
:1 I & u Gunman is of opinion that any protected
mom-I h“ b be at historical importance, it may by notifi-
cation '- h I“ m declare that the protected monument
hm ad b hi hie] importance for the purpose of this Act.
a A. *3 ate, patent error or error arising from
and“ fit“. in the description of any ancient monu-
man u H in and remains declared to be a protected
mm (”I site and remains by or under this Act'
may. l .u h untied by the State Government by notifica-v
tion '- fi 1" u
31. fi ‘ h “caution and no criminal proceeding shall
lie _‘*m in respect of any act done in good faith
or fl-h-ih exercise of any power conferred by this
An
,_ _______..._,.._—. --. - -~A—r
wants:- ' J :m‘
(I;
32. (1) The State Government may, by notification in the Official
Gazette and subject to the provision of previous publication make
rules for carrying out the purposes of this Act.
(2) All rules made under this Section shall be laid for not
less than fourteen days before the Tripura Legislative Assembly as
soon as possible after they are made, and shall be subject to such
modifications as the Legislative Assembly may make during the
session in .which they are so laid or the sessions immediately
following. . _.
Power to ma1.
rul.s.
B. B. Senapati
Addl. Secretary, Law,
Government of Tripura.
Printed at the Tripura Government Press, Agartala.
14
power to“. 32. (1) The State Government may, by notification in the Official
rules. Gazette and subléc‘t to ”t e provision of previous publication make
rules for carrying out the purposes of this Act.
(2) 'All rules made under this Section shall be laid for not
less than fourteen days before the 'I‘tipura Legislative Assembly as '
soon as possible after they are made, and shall be subject to such
~modifications as the Legislatiire Assembly may make during the
session in which they: tu'e‘ so laid “(it the sessions immediately
following.
i . B. B. Senapati
i Addl. Secretary, Law.
i .1 " ' Government of Tripura.
3"
Printed at the Tripura Government Press. Agartala.