., f-sand'archaeolo gu'al
~~ » vhe. thanthose ofnational zmporta nc for the regulatibn
ofarchaeologwal excavation:andfor thé prutect ionofsculptures, carvings
9nd other like object's V .
,
' BE»:1t enactedbytheLeglslature 'o'f Mampurin"
theTwenty—seventhYea:
Mkepubhc9f Ind1aas o
——
RANCIENT ANDMSTO- I
"E- . ND-gREMAINS
1
27
but does not include any ancient or historical monument dcclu'ed by or under law made by Parliament to be of national importance:
(b) "ant'i1uity" includes"
' (i) Any coin, sculpture, manuscr ipt, epigraph, or other work of .art or craftsmanship,
(ii) any article, object or thing de tached from a building or gave,
(iii) any article, (bject or thing iltustrative pf seience, art, crafts, literature, religion, customs, morals or polltlcs _in bygone ages,
(iv) any article, object or thing of historical interest, and
(v) any article, * object' or thing declare d by the Go-Vemment,., by,
notification, to be an antiquity for the purposes of this Act,
which has been in existence for not less than one bungled
years:
~
(9 "archaeolosical site and remains': means any area whith: contains. or
is reasonably believed to contam ruins or relics of. historicaL op.
archaeological importance which have bee n in existence for not less
than one hgndred years, and includes—
(i) such portion of land adjoining't he area as may be required:
for
fenmng or covering in or otherwise preserving it, md
(ii) themeansof access to, and con venient inSpection. of, the area}; but does net include any archaeolo gical site or remains dedarcd'b'y' or under law made by Parliamentto be. of national importance; ' (CI) "Government" means the State. Go vernment of Manipnr :
(0') 'fGochnor" means the "Ge Vemor of Manipur" :
(1") "Deputy Commissioner" mea ns the Deputy Commissioner ofi-' a district.
and includes any Officer authorised b y the Government to perform all or- any of the functions of a. Deputy Commissioner by or 'un aer
this Act :
' _
(1;). "land" includes a revenue free estate, a revenue paying estate and ' a. permanent transferrable tenure, wh ethensuch an estate or tenurcfibe subjeCt to encumberances or not : '
(h) "maintain" with its grammatical v ariations and cognate expressions includes the fencing, covering i n, repairing, restoring and, clean sing
of a protected monument and the . doing of any' act which may,- be necessary §or the purpose o f preservingta protectedmonnmem or of securing convenient access thereto : '
' I (i) "0w__rner'_' includes
(i) a joint owner invested with the power of management on behalf-
Vof himself and other joint owners and t he successor-in-titlc of any
such owner rand
'
_' (ii) any ,manager or trustee exercisi ng, powers of management and
th: "successor of oflice of any
such; manager or trustee ;
,
3
.. Lg) , "prescribed" means prescribed by rules made undergth-is'Act 2
"'(E) "'pi'bteeted" when used with reference to an ancient. or'histbriéal ' mohume'nt or Site which may be declared by the ' Govemni'enthf'under. sectlon 4 to be 'a "protected monument" or a "protected area":
(1) "protected antiquity" means an antiquity'declared by the Govetnmcnt under section 4 to be a protected antiquity and includes any article, . . bbj'ebt. -or thing referred to in. 'Sub-ctause (v) of 'Sub-éeetidn '(b) of ?Section (2). V '
~ "(ih) "superintendent" means the superintendent of archaeblogy, "andincludu any officer anthorised by the State Government to perform the fififi'e:
of the Superintendent.
CHAPTER II
PROTECTED MONUMENTS
3. Certain ancient and historical monuments deemed to be protected 'monumentI-eé All ancient and historical monuments and all archaeological 'sités'find 1'0. mains 'which have been declared by the Ancient Monuments Preservation Act, 1904 (Central Act VII Of l'904t, to be "protected" mantiments" 6r i'fifbtecféd ateasf' respectively, . but which have not been declared by or under the law' ntade :byfflPai-Iiatnem to be of national impOrtanCe, shall be deemed'to , be
"tancie:1t__aud jh'iStorical monuments or archaeological Sites ' and remains 'to'be preteded"menurnents or areas for the purposes of this 'Act. PROTECTION OF ANCIENT "MONUMENTS' AND
ARCHAEOLOGICAL SITES AND REMAINS
4. few; 9? Government to declare ancient monuments, etc., to be protected monuments__ and areas—
(1) Where the Government are of opinion that any ancient monument or archaeological site and remains requires protection under this Act, they may, - by notification, give two month's notiCe of their intention to declare such ancient monument or' archaeological site and remains to be a protected monument or a protected area, as the case may be, and a copy of every such notification Shall be" afiied' in a conspicuous place near the monument or "the site and remains, as the case may be. > . .
*(2) Any person interested in any such ancient monument or archaeological 'site and remains may, within two months after the issue of the notification, '(vbjeet- to-the declaration of the monument, Or the archaeological site" and:
remains, -as the case may be, to be a protected monument or_'a-»pretected area. A '(3) 'On the expiry of the said period of two months, the Gavernment may, after considering the objections, if any, received by them, declare by
"'nqtifiba'tion,"the "éncient monument or the archaeological 'site afid remains, as the easemzy "he, 'to' bee "protected monument" Or aj"pr0'te{:ted area".
4
(4') A notification issued under Sub-section (3) shall, unl ess and until it
is vithdrawn, be conclusive essiéenee of the fact that the ancient monument
a the archaeological site and remains to which it relates, is a "protected
monument" or a "protected area" for the purposes of this -Act.
It Acquisition of rights in, a protected monument— «e
(l) The Superintendent may, with the sanction of the G overnment, purchase,
'9: take a lease of, or accept a gift or beques t of, any protected monument.
V (2) Where a protected monument is without an o wner, the Superintendent
may, by notification, assume the guardianship of the monument.
(3) The owuer of any protected monume nt may, by Written instrument, constitute the Superintendent the guardian of th e monument, and the Superin-
tendent may, with the sanction of the Government a ccept Such guardianship.
4) When the' Superintendent 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 in and t o the monument, as if '
the Superintendent had not been cmastituted a guardia n thereof ; and the pro-
visions of this Act relating to agreements executed under Section 6 shall apply
to the written instrument executed under Sub-section (3).
(5) Nothing in this Section shalt affect the use of any "protected monu ment"
for "customary religious 'observances".
' 6. Preservation of ptjotected monument by agreement—
(1) The Superintendent, When 5:: directed by the Government, s hall prepose
to the owner_ot_' aproteeted menument to enter into an ag reement with the
Government Within a Specified peried', for the maintenance of the mon ument.
(.2)' An agreement under this section may provide for all or any of the
following matters, namely :~— .
.(a) the maintenance of the monument;
(b) the custody of the monument and the duties of any person Who may be employed to watch it; ' '
(c) the restriction of .the owner's right—
(i) to use the monument for any purpose. V
(ii) to charge any'fee for entryinto, or inspection of, the monument,
(iii) to destroy, remove, alter or deface the monument, or
(iv) to build Von or near the site of the monumenL
(d) the facilities of access to be permitted to the public or any section or any archaeological officers or to 'persbns deputed by the owner or any archaeological otficers or other officer or authority authorised by the Government to inspect or maintain the monument ;
(e) thenotice to be given to the Government in case the land on whic h
' the' monument is situated or any adjoining land is offered fo r sale
by the owner, and the right to be reserved to the Govt. to purchase such. land or any specified portion of such land, at its market valu e ;'
B _ * $4.1;th enter into such an. agreement, the Government may make an order_providing for all or any of the matters specified in Sub-section (2) of Seetion"'6, and such order shall be binding on the owner or Such other person andnonsevery- person claiming title to the monument from, through. or under, the giémr :or such - other person. '
(2) Where an order made under Sub-Section (l) provides that the monument 'Isha'il be maintained by the owner or other person campetent to enter intoan agreement, all reasonable expenses for the maintenanee of the monumentcabal] be payable by the Government. ' (3) No Order under Sub—section (I) shall be made unless the ownertor other .person has been given an opportunity of making a representationagainst the peoposed order.
10. Pov'ver to make order prohibiting contravention of agreement under:- .Section 6.— . (.1) If the superintendent apprehends that the owner or occupier of a.proteqtéd monument intends to'f destroy, remove, injure, alter, deface, imperil or misuse the monument or to build on or near the site thereof in contra-IVention of the terms of an agreement executed under Section 6 the Superintendent may, after giving the owner of' occupier an opportunity of making representation,'make an order prohibiting any such contravention of the agreement :
Provided that no such Opportunity need be given in any Icase where thepenintendent,»for reasons to be recorded, is satisfied that it is not expedient or praetieable to do so. . .
(2) ' Any person aggrieved by an order made under this section may appeal ;to._. the Government Within such time and in the same manner as may be prescribed,and- the decision of the Government shall be final.
11. Enforcement -of agreements— tendent'iha'ay autho'rise any person to do any such act, and the owner- or other .'gei-son'shall be hable' to pay the expenses of doing any such act 'or suchpor'tionof the expenses as the owner may be liable to pay under the agreement. owner or other person 'under 'Sub-section (1), it shall be referred to the ' Govern-?mentswheee decision ehall befinal. ' .
(2) If any dispute arises regarding the amount of expenses payable by the
"'2» "Purchase atcertajn sales and. persons claimin throu h owner bound b 'insttument executed by Owner— g . g y_ >_ _ Everyperson who purchases, at a sale for arrears of land revenue or 'any other public; demand, any land on which is situated a monument in respect Ofwhxeh any instrument has been executed by the owner for thetz'me being underSection 5 or Section 6,;and eyery person claiming any title to a monument froin,:theaugh, er under, x'an- owner who executed any such instrument, shall be bound
5
B _ * ghfk to enter into such an. agreement, the Government may make an order_providing for all or any of the matters specified in Sub-sectz'on (2) of Seetion"'6, and such order 'shall be binding on the owner or Such other person andnonsevery- person claiming title to the monument from, through. or under, the giémr :or -such - other person. '
(2) Where an order made under Sub-Section (l) provides that the monument veha'll be maintained by the owner or other person campetent to enter intoan agreement, all reasonable expenses for the maintenanee of the monuments_fihall be payable by the Government. ' (3) No Order under Sub—section (I); shall be made unless the owneror other .person has been given an opportunity of making a representation,aga'inst the proposed order.
10. Pov'ver to make order prohibiting contravention of agreement under:- .Section 6.— . (.1) If the superintendent apprehends that the owner or occupier of a.proteqted monument intends to'f destroy, remove, injure, alter, deface, imperil or misuse the monument or to build on or near the site thereof in contra-IVention of the terms of an agreement executed under Section 6 the Superintendent may, after giving ,the owner of' occupier an opportunity of making representation,'make an order prohibiting any such contravention of the agreement :
Provided that no such opportunity need be given in any 'case where thepeeintendent,»for reasons to be recorded, is satisfied that it is not expedient or praetieable to do so. . .
(2) ' Any person aggrieved by an order made under this seeti'on' may appeal ;to._. the Government Within such time and in the same manner as may be prescribed,land the decision of the Government shall be final.
11. Enforcement or agreements— tendent'ihiay autho'n'se any person to do any such act, and the owner or other 739F§935m be hable' to pay the expenses of doing any such act 'or suchpor'tionof the expenses as the owner may be liable to pay under the agreement. owner or other person 'under 'Sub-section (1), it shall be referred to the ' Govern-?meatg-whele decision ehall befinal. ' .
(2) If any dispute arises regarding the amOunt of expenses payable by the '2» "Purchase atcertajn $3168 and. persons claimin throu h owner bound b 'insttument executed by Owner— g . g y_ >_ _ Everyiperson who purchases, at a sale for arrears of land revenue or 'any other pnbhe demand, any land on which is situated a monument in respect Ofwhxeh any Instrument has been executed by the owner for thetime being underSection 5 or Section 6,;and eyery person claiming any title to a monument from,:thmugh, er under, x'an- owner who executed any such instrument, shall be bound
6
(ii) is one rupee or more. but .is less than two rupees. seventy per centum of such payment.
(iii) is two rupees or more one hundred per centum of such payment I Provided that if the total tax is not a multiple of fivepaise, it shall be rounded off to the next higher multipleof five poise".
5. In the Manipur (Sales of Motor Spirit and Lubricants)Taxation Act. 1962 (55 of 1962) :~ for the existing sub—section (1) of section 3, the followingshall be substituted,nan1ely :—~
"3. Levy of tax——(l) There ~ghetll be levied and collected Amenqmentfrom every dealer :1 tax on all sales effected by him of ofsecmng'the following goods at such rates as may be fixed bythe Government, from time to time, by notification in theOfficial Gazette, not exceeding the rates specified below :-
(i) motor spirit (except diesel oil and internal combustion oils other than petrol —- l5 poise per litre.
(h) lubricants m lOpaise perlitre.
(iii) diesel oil and internal com- bustion oil other than petrol— 10 paise per litre.
(iv) crude oil ~ 1 paisa perlitre.".
6. The Mahipur TaxatiOn Laws (Amendment) Ordinance, napeat.7 1972 (No. l of 1972) is hereby repealed.
7