Delhi act 009 of 2005 : The Delhi Ancient and Historical Monuments and Archaeological Sites and Remains Act, 2004

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DEPAR'IMENT

OF

LAW,

JUSTICE

AND

LEGISI.ATIVE

AFFAIRS

NOTIFICATION

Dellli, ^the7th

September, ²⁰⁰⁵ No. F.

14(JJ)/LA·W04/27J.-Thefollowing

Actol' Legislative Assembly ^{of the}

tfational Capital Territory ^of Delhi received tile assent of the Presidem oflndia on the I Ith

August,

2005

and is

hereby published

for

general infonnation :-

The

Dellli Ancient and

Historical

Momunents and Archaeological

Sites^and

Remains ^{Act, 2004} (Delhi ^Act9of

2005)

l l

th

August, 2005 (As

passed

by ^the

Legislative Assembly ^{of the} National

CapitalTerritory of Delhi on the 16th

December,

2004.)

An Act to

provide

for

the

preservation

of ancient and Historical Monuments

and

Archaeological

Sites and Remains other than those declared to be of national importance ^{and for the}

regulation ^ofexcavation^of archaeological

sites other ^thanthose declared^tobeof national

importance

in the National

Capital Territory

of Delhi. Be it enacted

by

the

Legislative Assembly

of the National

CapitalTerritory of

Delhi

in

the

Fifty-fifth Yearof the

Republic

oflndia as follows :-

CHAYl'ER t

PRELIMINARY

(l)

Short

title, ^meatancl

oommencement.-{1) ^This Act may

be called the Delhi Ancient and Historical Monwnents and

Archaeolo)(ical

Sites and Remains

Act,

2004.

('.l) ^Itextends^tothe

whole ^otthe

National

t.:apttal Territory ^ofDelhi.

(3) ^Itshall^comeintoforce^{ousuchdateasthe} Government may, by

notification ⁱⁿ

tile Official

Gazette, appoint.

(2)

Definitions.-ln^this

Act,

unless^thecomext otherwise

requires- (a)

"ancient monument" means

any structure, erection or

monument,

or

any

tumulus or

place of

interment, or

any

cave, rock-sculpture, inscription ^or

monolith,

which^isof

historical, archaeological^orartislic interest^andwhich^has been ⁱⁿ

existence for not less than one hunt!Ied years, and includes-

(i) ^the

remains ^ofanancient

monuments;

(n) ^thesiteofanancient monument; (lit) ^such

portion ^{of land}

adjoining ^thesiteof an ancient moBIJllent as

may

be

required for

fencing

or

covering

in or otherwise preserving ^suchancient monlllll.ent;^and

(iv) ^themeans^ofaccess

to,^andconvenient inspection^{of, an}ancient monument; (b)

"archaeological ^{site and}

remains" means

any area which contains or is

reasonably

believed to contain ruins or relics of historical or archaeological

importance which^havebeenin existence for not less than one hl111dred years and includes-

IV]

DELHI GAZETIE : EXTRAORDINARY 11

(i) ^such

portion ^ofland

adjoining ^theareaas may be

required

for

fencing ^or

covering

in or otherwise

preserving

it;

and

(ii) ^themeans^ofaccess

to, ^andconvenient inspection ^{of, the}area; (c)

"Director" means^theDirector^of

Archaeology of ^theGovernment ofNational

Capital Territory of Delhi and includes any other officer authorized

by

the Government to exercise the powers ^andto

perform

all^{or any}of the functions of the Director

prescribed

by

or under this

Act; (d)

"Government" means^theLieutenant Governor of the National

Capital Territory

of Delhi appointed^{by the}President under article ^239and designated ^assuchunder article^{239AAof the} Constitution;

(e)

"local

authority"

means^the

Municipal Corporation ^of

Delhi, ^theNewDelhi

Municipal Council, ^theDelhi Cantonment Board ^andthe Delhi

Development

Authority ^andincludes a Gaon

Panchayat

established under Section ¹⁵¹ of the Delhi Land Reforms

Act, ¹⁹⁵⁴

(Delhi ^Act 8ofl954); (f)

"maintain"^{with its}

grammatical variations^and cognate expressions,

includes

fencing, covering in,

repairing,

restoring ^and

cleaning ^ofa protected

monument^andthe

doing ^ofany ^act which may be necessary^forthepurpose^of maintaining ^a

protected

monument^orof securing

convenient access thereto;

(g) "non-living" ^{used in}

relation^toamonument^or site means a momnnent or site which is^not

being used ^forany religious

or social ceremony, rite, worship ^or

prayer ^{atthetime ofits}declaration as a

protected

monument or site; (h)

"owner" includes-

(i) ^a

joint

owner vested^withpowers^of management ^onbehalf^ofhimself^andother joint

owners^andthesuccessors in-title^of any ^suchowner;^and

(ii) ^a

manager ^or

trustee, ^not

being ^theowner, who has been entrusted with the

custody and

management ^ofa monument or^siteand the successor-in-office ^ofany^suchmanager or

trustee;

(i) "prescribed"

means

prescribed by ^therules made under this

Act;

G) "protected

area" means

any archaeological ^site and remains which^isdeclared to^bea

protected area under this

Act;

(k) "protected

monument" means^amonument which is declared to be a

protected

monument under this

Act;

(I)

"unauthorized

occupation"

means^the occupation

by any person^ofthemonument^or archaeological ^{site and}remains

without authority ^forsuch

occupation, ^and

includes the continuance in

occupation

by any person of the monument or

archaeological

site

and remains

after the

authority

under which he was allowed to

occupy the

premises

has

expired

or has been

terminated for any

reason whatsoever.

3.

Application

of the

Act-Nothing

is this Act shall apply ^to

protected

areas^and

protected

monuments^as defined ⁱⁿ

clauses

(i)

and

(j) respectively

of Section ²

of the Ancient

Monuments^and

Archaeological

Sites and Remains

Act, ¹⁹⁵⁸

(Central

Act24

ofl958). CHAP'IER-ll

PROTECIED MONUMENTS

4. Power of Government to declare monument

to be protected

monument^and

archaeological^siteandremains to be

protected

area.-( I)

Where the Government is

of

the opinion ^thatitisnecessary ^to

protect against

destruction, injury,

alteration, multilation, defacement,

removal, dispersion ^or

falling ^into

decay^{and for}

preservation any- (a)

monument; (b)

archaeologicalsiteandremains; It may. by

notification

in the Official Gazette. give ^twomonths' notice^ofitsintention^to u1:da11;: such iuuuuiueut tu be a

p1uic1;it:u monument or such

archaeological

site and remains to be a

protected area,

as the case

may be, ^anda

copy^ofevery^suchnotification

shall be affixed ⁱⁿa

conspicuous

place

on or near the monument or site

and

remains, as the case

may be.

(2)

Any person

interested ⁱⁿany^suchmonument^or archaeological ^siteandremains may, within^twomonths after the issue of the notification under sub-section

(l ), object ^tothedeclaration ^ofthemonument ^tobea

protected monument or the

archaeological

site

and

remains to be a protected area, ^asthecase

may^be.

(3) ^Onthe

expiry ^ofthesaid

period ^oftwo

months, the

Government may, after

considering

the

objections,

if any, received

by

it,

declare

by

notification in the Official Gazette, ^themonument ^tobea

protected

monument^orthe archaeological ^siteandremains^tobea

protected area, ^as the case

may be.

(4) ^Anotification

published

under^thissection

shall, unless and until

withdrawn,

be conclusive evidence of

the fact that the monument or the

archaeological

site and remains to which it

relates,

is a

protected

monument or a protected area, ^asthecase

may^be.

5.

Acquisition

of

right

of

protectedmonu-ment.-

(1) ^The

Director may,^withthe

prior approval ^ofthe Government,

purchase,^ortakealease^ofor

accept ^a

gift ^or bequeath ^of,any protected

monument.

(2)

Where^a

protected

monument^iswithout^an owner, the

Director may, by issuing ^anotification

in 'tbe

(PART IV

Official Gazette assume the

guardianship ^ofthemonument.

(3) ^Theowner^of

any protected monument, by ^a written

instrument,

constitute^theDirector to

guardian ^of the

monument,

and the Director may, with^the

approval

of the Government

accept

such

guardianship.

(4) ^WhentheDirector^has

accepted ^the

guardianship of a

protected

monument under

sub-section

(3), ^theowner shall, except ^as

expressly provided ^{in this Act, havethe} same estate

right,

title and interest in

and to the monument as if the Director had not been

constituted a

guardian thereof.

(5) ^WhentheDirector ^has

accepted ^the

guardianship of a

protected

monument under sub-section

(3 ),

the provisions ^ofthisAct

relating ^to

agreements

entered ^into under Section 6 shall

apply

to^thewritten

agreement referred toⁱⁿ

the^said

sub-section.

(6) Nothing ^inthissection shall affect ^theuseof any protected

monument for

customary religious observances ⁱⁿcase the monument^is

under

religious

use.

6. Maintenance of

protected

monument

by agreement.-( 1) ^TheDirector may,^withthe

approval ^of the

Government, propose

to the owner of a

prorecied monument to

enter into an

agreement

with the

Government within a

specified period

for the maintenance of the monument.

(2) ^An

agreement

under^thissection may provide for all or

any of the

following matters, namely:-

(a) ^the

maintenance^{of the}

monument;

(b) ^the

custody ^ofthemonument^{and the}

duties^of any person who^maybe

employed ^towatch

it;

(c) ^therestriction^oftheowner's

right-

(i) ^tousethemonument^forany

purpose;

(ii) ^to

charge any^feefor

entry into, ^or inspection ^ofthemonument;

(iii) ^to

destroy; damage, remove, alter^ordeface the monument:

or

(iv) ^tobuild^{onornearthesiteofthe}monument within a radius

upto fifty metres;

(d) ^thefacilities^ofaccess^tobe

permitted ^tothe public ^or

any section thereof^andtotheDirector and to the person deputed by

the owner

or the Director to

inspect

or maintain ^the

monument;

(e) ^the

notice^tobe

given ^totheGovernmentⁱⁿcase the land on which

the monument is

located or any adjoining

land

is

offered for sale

by

the owner, and the

right ^tobe reserved^tothe Government, ^to

purchase ^such

land, ^atitsmarket value;

(f) ^the

payment ^ofany expensesincurred by ^the owner or bv

the ('ov-?rmnv· i 1:; connection with the

maintenance of the

monument;

(g) ^the

proprietarv ^orother

rights

which^aretovest in the

Government

in

respect

of

the monument when any

expenses

arc incurred

by

the Govermnent

ii). connection

with the maintenance of the

monument;

(h) ^the

appointment ^ofany authority ^todecide any dispute arising ^outofthe

agreement; ^and

(i) any

matter related^tothe

maintenance ^ofthe monument which is a

proper subject of agreement between the owner and

the Government.

(3) ^Theterms^of

agreement

under^thissection may be

altered,

if any necessary, with

the

approval

of the Government and with the

consent,

in

writing,

of the owner provided ^{that it}serves^thepurpose^of

preserving ^the monument better.

(4) ^TheGovernment^ortheowner

may, ^at

any^time after the

expiration

often years ^fromthe

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 Government

the expenses, ^ifanyincurred

by

it^onits maintenance.

(5) ^The

agreement

under^thissection shall^be

binding on

any

person claiming

to be owner of

the monument to which it

relates,

from

through

or under a

party by

whom or on whose behalf the

agreement

was executed.

7.

When owners are under

disability

or when it is a village

property.-(!) ^Ittheowner^ofa

protected monument 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 conferred upon

an owner by

Section ^6.

(2) ^{In thecaseof}

protected

monument which^is·a village property, ^the

Panchayat ^forthe

village

where ^such property

vests^{in the}

Panchayat ^orwhere ^such

property does not vestⁱⁿa

Panchayat, any village

officer

exercising powers of

management ^oversuch

property may exerciser the powers conferred upon

an owner

by

Section ^6.

(3) Nothing ^{in this}section shall^bedeemed^to

.

empower any person ^not

being

of the^same

religion ^asthe person ^onwhose

behalf he is

acting ^tomake^orexecute^an agreement relating ^toa

living, ^thatitisto

say ^afunctional protected

monument which^or

any part ^of

which ^is

regularly used every year for

religious

workshop

or observances of that

religion

at (he time

of

its

protection.

8.

Application

for

endowment^to

repair

a

protected monument.-(

1) ^Ifany

owner^orother person, competent to enter into an

agreement

under Section

6

for

the maintenance ^ofa

protected

monument, refuses, or fails to enter into

such an

agreement

when

proposed

to him

by

the Director, ^andifany endowment^{has been}created^forthe purpose ^of

keeping

such monument in

good

repair ^orfor that

purpose

among others,

the Government may institute a suit

in

the court of

the District

Judge,

Delhi, or if

the estimated cost of

repairing

the monument does not exceed twenty

thousand rupees,

may^makean

application ^tothe District

Judge,

Delhi for the proper application

of such endowment or

part

thereof.

)

IV]

DELHI GAZE'ITE^:EXIRAORDINARY ¹³

(2) Onthehearingofanapplicationmadeundersub- section

(1), ^theDistrict

Judge,

Delhi may

summon^and examine the owner and any

person whose

evidence appears to him to be necessary, and

may

pass ^anorder for

the proper application

of the endowment^{or any}part thereof, and any such

order shall be

executed as if it^wereadecree of a civil court.

9. Failure or refusal^toenter into

agreement.-

(1) ^If

any

owner ^orother person competent ^to

enter^intoan agreement

under

section ^{6 for the}

maintenance ^ofa

protected monument refuses or fails^toenter 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

6,

and such order shall be

binding

on the owner ^orsuch other person and^on

every person claiming

title^tothe monument from, through ^or

under, ^theowner^orsuch

other person.

(2)

Where^anorder ^madeunder sub-section

(1)

provides ^{that the}monument shall ^be

maintained

by ^the owner or other person competent

to enter into^an

agreement, all reasonable expenses

for the

maintenance of

the monument

shall^be

payable

by ^theGovernment.

(3) ^No

order under sub-section ⁽¹⁾

shall ^{be made} unless owner

or other

person

has been

given ^an opportunity ^of

making ^a

representation, ⁱⁿ

writing,

against the

proposed

order.

10. Power to make order

prohibiting

contravention of

agreement.-(

I)

If

the Director

apprehends

that ^the owner or the

occupier

of a

protected

monument intends to destroy, remove, alter, mutilate, deface,

imperial ^ormisuse the monument or to build on or near the site thereof ⁱⁿ contravention ^oftheterms^ofan

agreement

under

section 6, ^theDirector may, after

giving ^theowner^orthe

occupier an

opportunity

of

making

a

representation

against the· proposed

action ⁱⁿ

writing, ^makeanorder

prohibiting^any such contravention

of the

agreement ^:

Provided that no such

opportunity may be

given

in^a case where the

Director,

for reasons to be recorded in

writing,

is satisfied

that it is^not

expedient ^or practicable ^todoso.

(2)

Any person aggrieved

by ^anorder under^this section may appeal ^tothe Government within such time and in such manner as

may be

prescribed

in this behalf

and the

decision of

the Government

in this

regard

shall

be final.

11. Enforcement of an

agreement.--(!)

If^an

owner or other

person

who is

bound

by

an

agreement

for the ·

maintenance of a monument under section ⁶

refuses^or fails,

within ^suchreasonable ^timeastheDirector ^may decide, ^todoany ^actwhich ^inthe

opinion ^ofthe

Director may authorize

any

person ^todo

any such

act,

and the owner ^orother

person shall be liable to

pay the expenses as the owner or the

other

person

may be liable to

pay

under the

agreement.

(2) ^Ifany dispute arises regarding ^the

amount^of expenses payable

by

the owner^orother person under^sub- section

(I), ^itshall be referred^totheGovernment whose decision shall^befinal.

.,_ ?

.f ).. .0

q

I

,-..-c S">

?

12.

Purchasers at certain sales

and persons claiming

through

owner bound ^by

instrument executed ^by owner.-Every person^who

purchases ^ata

sale, ^forarrears of land revenue or

any other

public

demand, any land on which is situated a

monument,

in

respect

of which an instrument has been

executed

by

the owner for the time being

under section^5orsection ^{6, and}every person claiming any right,

title^orinterest^toorinamonument from,

through ^orunder^anowner^whoexecuted any^such instrument,

shall^bebound

by ^suchinstrument.

13 .

Compulsory acquisition

of a

protected monument.-If the

Government

apprehends

that a protected

monument^isin

danger ^of

being destroyed, injured,

misused, ^orallowed^tofall^into

decay, ^itmay acquire ^the

protected

monument under^the

provision ^of the Land

Acquisition

Act, ¹⁸⁹⁴

(I

of

1894),

as if the maintenance ^of

protected

monument^werea

public purpose within the

meaning

of that Act.

14. Maintenance of certain

protectedmonumeots.-

(1) ^TheGovernment shall maintain every

monument which has been

acquired

under section ¹³orⁱⁿ

respect

of

which any of the

rights

mentioned

in section

5

have been

acquired.

(2) ^WhentheDirector ^has

accepted ^the

guardianship of a

protected

monument, under section

5,

he

shall,

for the purpose^of

maintaining ^suchmonument^haveaccess^to the monument ^atall reasonable

times,

by

himself ^and

by his

agents,

subordinates

and

workmen,

for the purpose of inspecting ^the

monument, ^{andfor the}

purpose^of

brining such material and

doing

such^actsashe

may consider necessary ^ordesirable for

the maintenance thereof.

15.

Voluntary

contributions.-The

Director may receive

voluntary

contributions towards ^thecostof maintaining ^a

protected

monument^and

may· give ^such general ^or

special

orders^ordirections^ashe

considers necessary for

the

management

and

applications

of

the contributions so received

by ^him:

Provided that no contribution

received under

this section shall be

applied ^to

any purpose other

titan the purpose ^forwhich ^itwascontributed without ^the

consent, in

writing,

of

the donor.

16. Protection

of

places

of

worship

from

misuse, pollution ^ordescreation.-(1) ^A

protected

monument maintained

by ^theGovernment

under^thisAct

which is^a place ^of

worship

under active

religious^use,shall ^notbe used for any purpose inconsistent with ^its

character, ·

(2)

Where

the Government has

acquired

a

protected monument under

section

13, ^orhas

purchased, ^ortaken^a lease or

accepted

a

gift

or

bequest ^orassumed

guardianship of, ^a

protected

monument under section

5, ^andsuch monument or

any part

thereof is

actually

used every year for

religious worship

or observances

by any community, the Director shall

make due

provision

for the

protection

of such monument,

or

part thereof,

from

pollution ^or descreation- (a)

by prohibiting ^the

entry

therein

except ⁱⁿ accordance ^withthe conditions

prescribed

with

[PART IV

the concurrence of

the persons, ^ifany, in

charge of the said monument or

part thereof,

and connected with any religious practice

or observances in relation

thereto,

of any

person not entitled to

enter

by

religious usages of the community

by

which^themonument^or

part thereof

issued, or (b)

by

taking ^such

other

action^ashemay think necessary in this behalf.

17.

Prohibited area and

regulated

area.-Anarea upto fifty

meters^fromthe

protected

limits^ofmonument shall be

declared as

prohibited

area for

any

construction and mining

activities^nearor

adjoining protected

monuments and further

beyond

it up

to one hundred meters as

regulated area in

which construction

and

mining

activities can be undertaken

only

after

getting permission

of the

Governmena and further

subject

to

any rules made under this Act.

18. Preservation amenities of

protected

monu- ments.-( 1) ^Ifthe

Government ^isof

opinion ^thatforthe purpose of

preserving

the reasonable amenities

of any protected

monument.^itisnecessary ^sotodo.the Government may, subject

to the

provisions

of this

section. by

notification ^{in the}Official

Gazette, ⁱⁿ

respect ^ofany ^area comprising ^or

adjacent ^{tothesiteofsuch}monument. specified ^insuchnotification

(hereinafter

referred^toas

"the controlled

area") :

(a) prohibited ^orrestrict^the

construction,

erection or execution

of

building,

structure and

other work within the controlled area

..

or the alteration or extension of any such

building,

structure,

or work in

such manner as to

materially

affect their external

appearance; (b)

prescribe ^the

position. height,

site, materials, colour

and

screening

and otherwise

regulate

the external

appearance of

buildings,

structures and other work within the controlled area:

(c)

require any local

authority-

(i) ^toconstruct

any approach ^roadto

any protected

monumcnbt:'^or

(ii) ^todemolish any public

convenience vesting ^{in it, that isto}

say. ^a

latrine,

urinal, dustbin, ^{rub bi sh}

dump ^andthe

like; located close to or in the

vicinity

of any protected

monument:

(d)

otherwise

restrict^{theuseofthe land}

within^the controlled area; (e)

otherwise

restrict the^useof the land within the controlled area to such extent as is necessary for the purpose of

preserving

the reasonable amenities of the

protected monument; and (f)

provide ^forsuchmatters^as

appear ^tothe Government to be

incidental to or

consequential on the

foregoing

provisions

of

this

section,

or to be necessary for

giving

effect to those provisions.

(2) ^{Notless than}

forty ^five

days

before

issuing

a notification under sub-section

(

1

),

the

Government shall cause to be

published

in

the

Official

Gazette,

in the controlled

area;

and in the

village

and at the

headquarters of the Tehsil ⁱⁿ

which the

controlled area is

situated,

a notification to the effect that those who

wish to make any objection ^totheissue^ofsuchanotification

under ^sub- section

(I), may submit their

objections

in

writing

to the Government or

appear before any officer

duly

authorized in

that

behalf,

to hear

objections

on behalf

of

the Government,

within one month^ofthe

publication ^{of the} notification ⁱⁿthe Official Gazette or within fifteen

days from the date of the

publication

of the

notification

in the controlled area, whichever

period

expires

later.

(3) ^Ifonthe

expiration ^ofthe

time-limits allowed

by sub-section

(2)

for the

filling

of

objections,

no

objection has been

made,

the Government shall

proceed

at once to issue the notification under sub-section

(I)

but if

any objection ^hasbeen

made, ^theGovernment may,

after^such objection ^hasbeenconsidered^or

heard,^asthecase

may be,

either- (a)

abandon^the

proposal ^toissue^the

notification under sub-section

( ¹

);

or (b)

issue^thenotification under sub-section

( l) ^with such

modification,

if any,

as it

thinks

fit.

(4) ^Thedecision^oftheGovernment^onthe

question of

issuing

the notification under sub-section

(I)

shall ^be final and conclusive.

(5)

Nothing

containedⁱⁿany notification under^sub- section

(I)

shall affect any building,

structure orother

work or

any alteration or extension

thereof,

if it was

constructed, erected or executed before the date when notice of intention to issue such a notification was

given

under sub-section (2). ^{and forthe}purpose^ofthis

provision, ^a

building, structure, ^orother^workandany alteration^onextension thereof

shall^be

deemed to have been constructed. erected or executed

before that date-

(a) ^ifits

construction,

erection^orexecution^was begun

before ^that

date; ^or

(b) ^{if, andsofaras.its}

construction,

erection, ^or execution was

necessary for the purpose of performing ^acontract^madebefore^that

date. ((,) Any person whose

property ^is

injuriously affected

by

the

coming ^intoforce^ofa notification under sub-section

(I) shall,

subject

to the

provisions ^ofSection

31

be entitled to obtain

compensation

in

respect

thereof from

the Government.

IV]

DELHI GAZETIE : EXIRAORDINARY 15

20.

Issue of notice to show cause for an order of eviction.-

( 1)

If the

Government

is of the

opinion

that

any presons ^arein

Anauthorized

occupation

of any

monument whose

ownership

rests with the Government and that

they should ^be

evicted,

the Director

shall

issue ^inthemanner hereinafter

provided

a notice

in

writing

calling upon all persons concerned^toshow cause

why ^anordr of eviction should ^bemade.

(2) ^The

notice

shall- (a)

specify ^the

grounds ^onwhich ^the

order ^of eviction is

proposed

to be

made;

and

(b) require ^allpersons concerned, ^thatisto

say,^all persons who^{are, or}

may be ⁱⁿ

occupation

of, ^or claim

any

interest in the monument-

(i) ^toshowcause,^if

any, against ^the proposed

order^{on or}before^suchdate as is

specified

in the

notice,

being ^adate not earlier than seven

days

from the date of issue

thereof;

and

(ii) ^to

appear

before^theDirector^onthedate specified ^inthenotice

along ^{with the} evidence which

they

intend to

produce in

support

of the cause shown and also personal

hearing, ^{if such}

hearing ^is desired.

(3) ^TheDirector shall cause^thenotice^tobeserved by having ^itaffixed^ontheouter^{or some}other

conspicuous part ^ofthemonument^andinsuchother manner^{as maybe} prescribed

where upon^thenotice shall ^be

deemed^tohave been

duly given

to^all

persons concerned.

(4)

Where ^theDirector knows^orhasreason^to believe that any

persons

areⁱⁿ

occupation ^{of the} monument, then,

without

prejudice ^tothe

provisions

of sub-secton

(3), ^he

shall cause ^a

copy

of the notice^tobe served on

every such person by

registered post

or

by delivering ^or

tendering ^ittothatperson ^orinsuchother manner as

may be

prescribed.

21. Eviction of unauthorized

occupants.-{

1)If,

after considering ^thecause,^ifany, shown ^byany person ⁱⁿ pursuance of^anotice

under section 20 and any evidence produced by ^{him in}

support ^{of thesameand}after^a

personal hearing, ^if

any, given

under clause ^{(b) of}sub-section ^{(2) of} Section

20,

the Director ^ifsatisfied^thatthemonuments are in

unauthorized

occupation,

the Director

may

make an order of

eviction,

for reasons to be

recorded

therein,

directing that the monuments shall ^bevacated on^suchdateas

may be

specified ⁱⁿthe

order,

by ^allpersons^who

may be ⁱⁿ occupation

thereof, ^andcause ^a

copy^oftheorder^tobe affixed on the outer^doororsomeother

conspicuous part of

the monuments.

(2) ^Ifany

person

refuses^orfails^to

eomplywith ^the order of

eviction on or before ^the

date

specified ⁱⁿ

the said order or within fifteen

days ^ofthe

date of ^its

publication under sub-section

(] ),

whichever ^is

later, ^theDirector^or any

other officer

duly

authorized

by ^himinthisbehalf^may after the date as

specified

or after the

expiry

of the

period aforesaid,

whichever^is

later,

evict^thatperson from, ^and take

possession

of the monument

according

to such procedure ^as

may^be

prescribed ^andmay,^forthat

purpose, use such

force^as

may

be necessary.

22.

Relinquishment

of Government's

rights

in a monument.-

(I)

Where

rights

have been

acquired by

the Government ⁱⁿ

respect ^of

any

monument^{in the}official gazette under ^thisAct

by

virtue^ofany sale, lease,

gift ^or will, ^theGovernment may by

notification,

relinquish

rights so

acquired,

to the person who

would,

for

the

time

being be the owner^ofthe

monument,

as^if

such

rights

had not been

acquired.

(2) ^TheDirector may,^withthe

prior

sanction. ^ofthe Government

relinquish ^the

guardianship ^ofa monument which he has assumed under this Act.

23.

Rights

of access to a

protected

monument.- Subject ^to

any rules^madeunder^{this Act, the}

public

shall have a

right

of access to

any protected

monument or

part thereof. CHAPfER.I([

PROTECTED

AREAS

24. Restrictions on

enjoyment

of

property rights ⁱⁿ protected

areas.-( ^{1) No}person including ^theowner^or occupier ^ofa

protected ^areashall construct

any building within the

protected

area or

carry

on

any mining, quarrying, excavating,

blasting ^or

any operation ^ofalikenatureⁱⁿ such area,

or utilize ^sucharea

or

any part

thereof ⁱⁿ

any other manner without ^the

permission

of the Government. Provided ^that

nothing ⁱⁿ

this

sub-section shall^be deemed to

prohibit

the use of any^sucharea or

part

thereof for purpose of cultivation

if such cultivation does ^not involve ^the

digging

of not more than one foot of soil from the surface.

(2) ^TheGovernment may, by

order,

direct^thatany building

constructed ^byany

person within^a

protected area in contravention of

the

provisions

of sub-section

(I)

shall

be removed within a

specified period

and,

if the

person refuses or fails to

comply ^withthe

order, ^theDirector may cause the

building

to be removed and the person shall

be liable to

pay the cost of removal.

25. Power^to

acquire

a

protected

area.-If

the Government is ^of

opinion ^thatany protected ^areacontains an

antiquarian

remains,

monument or site

which is of historical or

archaeological

value,

it may acquire

such^area under ^the

provisions

of^theLand

Acquisition

Act, ¹⁸⁹⁴ ( ^Iof

1894), ^asiflhe

acquisition ^werefora

public purpose within ^the

meaning

of that ^Act. CHAPI'ER-IV

ARCHAEOLOGICAL EXCAVATIONS

26. Excavations in

protected

areas.-Subject ^tothe provisions ^of

Section ^24oftheAncient

Mounments^and Archaeological

Sites^andRemains ^{Act, 1958 (24 of}

1958),

the Director or an officer authorized

by

him ⁱⁿ

this behalf^or any person holding ^alicence

granted

in this behalf (hereinafter

referred^toas"the

licencee"), may,

after

giving

[PART IV

notice, ⁱⁿ

writing ^tothe

Deputy

Commissioner^{of thearea} concerned and the owner enter

upon ^andmake excavations in any protected

area. 2 7. Excavations

in an area other

than a

protected area.-(1) Subject ^tothe

provisions ^of

Section^{24 of the} Ancient

Monuments^and

Archaeological

Sites^andRemains Act, ¹⁹⁵⁸

(24ofl958),

wheretheDirectorhasreasonsto believe ^thatany

area,

not

being

a

protected

area, contains ruins or relics so historical or

archaeological importance, he or an officer authorized

by

him

in

this behalf may, after giving

noticeⁱⁿ

writing ^tothe

Deputy

Commissioner ^ofthe area concerned and the owner enter

upon

and

make excavations in this area.

(2) ^Atthe

conclusion^oftheexcavation

operations, the Director or an officer authorized

by

him shall

give ⁱⁿ writing ^totheowner^{of the landfrom}where^such

antiquities have been discovered as to the nature^andnumber of such antiquities.

28.

Compulsory acquisition

of

antiquities ^etc. discovered

during

excavation

operations

and casual digging.-( ^{1) The}

antiquity ^or

any

other

archaeological material discovered at a

site,

whether

located ⁱⁿa

protected area ^or

not,

will be

acquired

by

the Government.

(2)

Where,^{as a}result^ofany chance

discovery ^{or as} a result

of

any unathorized

digging

in

any

area,

any antiquities ^orremains^arediscovered, ^the

Director,

shall^as soon as

practicable,

examine such

antiquiues

and submit^a report ^totheGovernment ^{in such}manner^and

containing such

particulars

as

may^be

prescribed.

(3)

Until^anorder^forthe

compulsory purchase ^of any such

antiquities

is made under sub-section

(⁴

),

the Director shall

keep

them

in such safe

custody

as he may deem fit after proper documentation.

(4) ^On

receipt ^ofa

report

under sub-section

(2), ^the Government may ^makean order for^the

compulsory purchase ^ofany^such

antiquities.

(5) ^Whenanorder ^forthe

compulsory purchase ^of any antiquity ^orart

object

is made under sub-section

(4),

the

ownership

of such

antiquity

or art

object

shall vestⁱⁿ the Government^with

effect ^{fromthedateofthe}order. CHAPTER-V

PRINCIPLES OF

COMPENSATION

2 9.

Compensation

for

loss or

damage.-Any

owner or

occupier

of land who has sustained any loss or

damage or

any diminution

of

profits

from the land

by

reason or

any entry on, ^orexcavation

in, ^{such landorthe}

exercise^ofany other

power conferred

by

or under this Act shall be

paid compensation by ^theGovernment^.for

such

Joss,

damage or diminution

of

profits.

30.

Assessment of

market value or

compensation.- The market value ^of

any property

which the

Government is empowered ^to

purchase ^atsuch

value

under^thisActor the

compensation

to be

paid

by

the

Government

in

respect of

anything

done under this

Act, shall,

where any dispute arise in

respect

of

such market

value or

compensation,

be ascertained in ^themanner

provided ^forinSections

3, 5, ⁸to 34, ^45to

47, ^{51to52of theLand}

Acquisition

Act, ¹⁸⁹⁴ ( ^{I of}

1894), ^sofaras

they ^{canbe made}

applicable ^:

Provided that when

making

an

inquiry

under the

said Land

Acquisition

Act,

the

Deputy

Commissioner

of the area concerned shall be assisted

by

two

assessors,

one of whom

shall^be

person

nominated

by ^theGovernment^and the

other,

a

person nominated

by

the owner or^the

occupier, or, in^casethe owner ^orthe

occupier

fails^tonominate^an assessor within such time as

may be fixed

by

the

Deputy Commissioner of the area concerned in this behalf

31.

Special provision

as to

compensation

under Section

18.-(1) ^Noperson shall be entitled to compensation ⁱⁿ

respect ^ofany order issued under^sub- section

( I)

of

Section ¹⁸

unless,

within

three months from the date on which such notification comes into

force,

or within such

further^timeas the Government may in

special circumstances

allow,

he

makes a claim ⁱⁿ

the

prescribed manner.

(2) ^A

person shall^notbeentitled^to

compensation by reason of the fact that any

act or

thing

done or

causes to be done

by

him

has been rendered abortive

by

such notification if, ^orsofuras,^theactor

thing ^wasdoneafter ^thedateon which the notification was

issued,

or

by

reason of ^thefact that the

performance

of any

contract made

by

him after that date is

prohibited

as a result of the notification.

(3)

Where any provision ^{of such}notification^was, immediately

before^thenotification^cameinto

force,

already in

force

by

virtue

of any other

Act, no

compensation

shall be

payable

by

reason^of

any property being

injuriously affected

by ^that

provision ^ofthenotification ^if compensation ^{hasbeen paid or}could^havebeen

claimed, or

was not

payable, by

reason of

that

property having been

injuriously

affected

by

the

provision

already ⁱⁿforce.

(4)

Where any provision ^{of such}

notification

could, immediately

before^itcameintoforce^havebeen

validly included in a

scheme, order,

regulation

or

bye-law,

by

virtue of any other Act-

(a) ^ifno

compensation

would^havebeen

payable by

reason^oftheinclusion ^{of that}

provision ⁱⁿ that

scheme, order,

regulation

or

bye-law,

no compensation

shall ^be

payable ⁱⁿ

respect ^ofthat notification: ^and

(b) ^if

compensation

would^havebeenso

payable, the

compensation payable

in

respect

of that provision ^ofthenotification shall^notbe

greater than the

compensation

which would^havebeen so

payable.

(5) ^Theamount^ofthesumwhich^istobe

paid ^as compensation ⁱⁿ

respect ^ofsuchanotification, ^incaseof any dispute,

shall be

determined

in accordance with^the provisions ^ofSection^31. CHAPTER-VI

MISCEUANEOUS

32. Delhi

Archaeological

Council.-

(1)

There shall be constituted an

Advisory

Council for

ancient

and

IV)

DELHI

GAZETIE : EXTRAORDINARY 17

historical monuments and

archaeological

sites and remains of State

importance

to be

called in Delhi

Archaeological Advisory

Council

(hereinafter

referred^toasthe

Advisory Council) ^{for the}purpose^of

advising ^the

Government^on matters of

policy

relating

to the field of

archaeology

in the National

Capital Territory

ofDelhi.

(2) ^The

Advisory

Council shall^beconstituted

by the Government

and

shall consist of a Chairman who will be Minister

ofEducation,

Government

of National

Capital Territory ^ofDelhi ^andDirector^{of the}

Department ^of Archaeology ^ofthe

Government ^ofNational

Capital TerritoryofDelhi ^willbeMember

Secretary ^andl6members to be nominated

by

the

.

Government for a

period

of two years and further

subject ^to

any

rules made

under this Act.

33.

Delegation

of

power.-The

Government may, by notification in the official

gazette,

direct that any powers conferred on it

by

or under this Act

shall,

subject

to such conditions as

may^be

specified

in the

direction, ^bealso exercisable

by

such officer or

authority

subordinate to the Government as

may be

specified ⁱⁿthe direction.

34.

Penalties.-(!)

Whoever-

(i) destroys, removes, injures, alters,

adds, deface, imperils ^ormisuse^a

protected monument, ^orsite and

remains;

or

(ii) being ^theowner, ^orthe

occupier ^ofa

protected monument,

contravenes^anorder made under sub-section

(l)

of section 9 or under sub-section

(1) ^ofsection

10; ^or (iii)

removes^froma

protected

monument, any sculpture,carving, image,

bas-relief,

inscription, pillar,

brackets, stones,

artifacts^orother^like material or

objects;

or

(iv) ^doesany ^actin

contravention^ofsub-section

(1) ^ofsection

24; shall be

punishable

with

imprisonment

which may extend to two

years

or^with

fine which may extend to

fifty thousand rupees,

or with

both.

(2) Any person^whocontravenes

any^{of the} provisions ^ofanotification issued under sub-section

(I)

of section ¹⁸

shall be

punishablewithfioe

which may extend to

fifty

thousand rupees, and if the contravention

is continued after

conviction,

with a further fine which may extend to two hundred and

fifty rupees for each

day

of continued

contravention, any

if such contravention is continued after the

expiry ^ofsuch

period

as the Court

may determine, ^theGovernment

shall, ⁱⁿ

addition, ^havepower to do all such acts as its

opinion

are

necessary

for

removing so much of the

building,

structure or work as is not in conformity ^withsuch

provisions, ^andany expense incurred by ^theGovernment shall^berecoverable 'from^the

person convicted, ^asanarrear ofland revenue.

35.

Compoundingofoffences.-{l)TheDirectoror any person authorized

by ^him

by general ^or

special

orders in

this

behalf, may either before or after institution

of the :>.'Cl . .i:)G

i-r=:

r- proceedings

compound any offences^made

punishable under this Act for

such amount as the

Government may by notification in the Official

Gazette, specify

in this behalf.

(2)

Where^anoffence^hasbeen

compounded

under sub-section

(l ),

the

offender,

if

in

custody,

shall be discharged ^andnofurther

proceedings shall^betaken against ^himin

respect^{of such}offence.

.

36. Jurisdiction to

try

offences.-No Court inferior to that of a

Metropolitan Magistrate shall

try any

offence punshable

under ^thisAct.

37.

Certain offences to be

congnizable.- Notwithstanding anything

containedⁱⁿsection^{29 of the} Code ^ofCriminal

Procedure,

1973

(II

of

1974), any

offence under clause

(i)

or clause

(iii)

of sub-section

( 1)

of

section

34,

shall^be

deemed^tobea

cognizable

offence within^the meaning ^ofthat

Code.

38.

Special provision regarding

fine.- Notwithstanding anything

containedⁱⁿsection^31ofthe Code ^of

Criminal

Procedure, ¹⁹⁷³

(Il

of

1974),

it shall be lawful for any Metropolitan Magistrate

to

pass

a sentence or fine

exceeding

two thousand rupees

on

any person convicted of an

offence,

which under

this Act is

punishable with ^fine

exceeding

two thousand rupees.

39.

Recovery

of amount due to

Government-Any amount due to the Government from any person under this Act may,

on a certificate issued

by

the

Director, be

recovered

in the same manner as an

arrear of land revenue.

40. Power to declare

protected

monument,

and protected ^areatobeno

longer ^suchmonument^or

area.- If the Government is of

the

opinion

it is no

longer necessary to

protect

any protected

monument or

protected area, it may, by

notification in the Official Gazette

make^a declaration to that effect and

thereupon

such monument or area shall cease to be a

protected

monument or

protected area, ^asthe^case

may be.

41. Power to correct

mistakes,

etc.-Any

clerical or typographical

mistake, patent

error ^or

error

arising ^froman accidental

slip

or omission in the

description ^ofany monument or

archaeological

site and remains declared to be

protected

monuments or

protected areas,

as the case may be,

under this Act

may,

at

any time,

be

corrected

by the Director

by

notification ⁱⁿ

the Official Gazette.

42. ProtectionofactiontakenundertheAd.-Nosuit for

compensation

and criminal

proceeding

shall lie

against any public

servant for any action which is in

good

faith done or intended to be done

in

good

faith under this

Act. ·

43. Power to make

rules.-{!)

The Government may, by

notification^intheOfficial Gazette ^and

subject ^tothe condition ^of

previous publication, ^make

rules for

carrying out the purposes of this Act. ·

(2) ^In

particular, ^andwithout

prejudice ^tothe generality ^ofthe

foregoing power,^suchrules may provide for all or

any of

the

following matters,

namely:-

DEU-II GAZETTE : EXTRAORDINARY

[PART IV

(a) ^the

prohibition ^or

regulation by licensing ^or otherwise of

mining, quarrying, excavating, digging, blasting ^or

any operation ^ofalikenature which, ^{in the}

opinion ^ofthe

Government, ^has jeopardized ^oris

likely ^to

jeopardize ^the

safety of the

monument,

or the area,

as the case

may be, ^neara

protected

monument^orareaorthe construction

ofbuildings

on land

adjoining

such monument or area and

the removal of unauthorized

occupation,

or construction activity;

(b) ^the

right ^ofaccess^{of the}

public ^toa

protected monument and

fee,

if

any,

to be

chargedtherefor;

(c) ^theformandcontents^{of the}

report ^ofthe Director under

sub-section

(2)

of section

28;

(d) ^theforminwhich

applications ^for

permission under section ²⁴

may be made and the particulars

which

they

should

contain;

(^{e) the}mannerⁱⁿwhich^aclaim shall^bemadeunder this Act and the time within which it

may be preferred;

(f) ^theformandmanner^of

preferring ^an

appeal under this Act and the time within which it

may be

preferred;

(g) ^themanner^ofservice ^of

any

order^ornotice under this

Act;

(h) ^themannerⁱⁿ

which excavations^andother^like operations, ^for

archaeological purposes may^be carried on;

(i) ^{the form of}any notice

required ^orauthorized^to be

given

under section ²⁰

of this Act

and the manner in

which

it may be

served;

G) ^the

procedure ^tobefollowedⁱⁿ

taking possession ^ofa

monument, under

sub-section

(2) ^ofSection^{21of this}

Act;

(k) ^{thetermof the}

office,

travelling ^andother allowances

payable

to the member of

the Advisory

Council: ^and

(l) any other matter which^isor

may^be

prescribed.

(3)

Any ^rulemadeunder^thissection may provide that breach thereof shall

be

punishable-

(i) ^{in thecaseofarulemadewith}

reference^toclause

(a) ^of

sub-section

(2), ^with

imprisonment

which may extend^tothree

months, ^orwith fine

which may extend^to

twenty

thousand rupees, ^orwith both;

(ii) ^{inthecaseofarulemadewith}reference^toclause

(b) ^of

sub-section

(2), ^withfinewhich may extend to five thousand rupees. ( 4) Every ^{rule made}under^thisActshall^be

laid, as soon ^as

may be after

it is

made,

before the House of the Legislative

Assembly ^{of the}National

Capital Territory ^of Delhi,

while^itisin

session, ^fora total

period ^of

thirty days which may be

comprised

in one session or in two or more successive

sessions,

and

if,

before the

expiry

of the sessions

immediately following

the session or the successive

sessions

aforesaid,

the

House agrees in

making any modification ⁱⁿ

the

rule, ^ortheHouse agrees that ^the rule

should not be

made,

the rule

shall

thereafter have effect only ^insuchmodified^formorbeofno

effect,

as^thecase may be;^so,however,

that any such modification^or annulment shall be

without

prejudice

to the

validity

of anything previously ^doneunder^thatrule.

44.

Repeal-

The Ancient Monuments

Preservation, Act, ^{1904 (VII of!}

904), ^inits

application ^totheNational Capital Territory ^ofDelhi shall cease^tohaveeffectⁱⁿ

relation to ancient and

historical monuments,

archaeological

sites ·and remains and all other matters

pertaining

thereto,

to which

this Act

applies, except

in

respect

of

things

done or omitted to be done

before

the commencement of this Act.

4 5.

Power to remove difficulties.-lf any difficulty arises ⁱⁿ

giving

effect to the

provisions

of this Act,

the Government may, by

order not inconsistentwith the provisions ^{ofthe Act,}

remove^the

difficulty ^:

Provided that no such order shall be made after the expiry ^ofa

period ^oftwo

years^{from the}commencement^of this Act.

V

K.

BANSAL,

Jt.

Secy. <>l?({_i:1'11 ?. 7 ft:@l:an:,2005 lt. 1'il.

9(77)/2004/'l:

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'R, ffl'! lAT, o'l-m'l'I ( 'i,

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.

LAND AND BU1LDING DEPARI'MENT

N011FICATION

Delhi, ^the7th

September, ²⁰⁰⁵ Ne. F.

9(77)/2004/L

&

B/LA/7140.-Whereas it appears ^{tothe Lt}

Governor,

Delhi^thatlandis

likely ^tobe requited ^{to be}taken

by

Government^atthe

public expense for a

public purpose namely

for Planned

Development

of Delhi. It is

hereby

notified that the land in the

locality described.

below^is

likely ^tobe

acquired ^fortheabove purpose.

The notification is

made,

under the

provisions

of Sub-section ¹

of Section ⁴

of the Land

Acquisition

Act,

.

1894,

IOall^whomitmay

concern. In exercise

of

the

powers conferred

by

the aforesaid section, ^theLt.

Governor,

Delhi^is

pleased ^toauthorize the officers for the time

being engaged

in the

undertaking with their servants and workmen to

enter

upon

and

survey

the land in the

locality and do all

other acts

required

ot

permitted by ^thatsection. Any person, interested, ^{who has}any objection ^to the

acquisition

of any land in the

locality, may within 30 days ^ofthe

publication ^ofthenotification^filean

objection in

writing

before

the

Land

Acquisition

Collector (Southwest),

Delhi Map showing ^theboundaries^oflandcovered

by ^the notification is available for

inspection

in

the

office of

the Land

Acquisition

Collector

(Southwest).

SPECIFICATION

...

?i.

.. ?• ?.7?,2005 -«. im.

20/4/20031'l'f 1<>-ll

4647/li. 8432- 8621/"llo:sif,:ro'fflo(-.'t-2 ).

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