Rajasthan act 019 of 1961 : The rajasthan monuments, archaeological sites and antiquities act, 1961

Contents The Rajasthan Monuments, Archaeological Sites and Antiquities Act. 1961 2-16

The Rajasthan Monuments, Archaeological Sites 17-38 and Antiquities Act. 1968

The Ancient Monuments and Archaeological Sites 39-56 and Remains Act, 1958 (GOI)

The Ancient Monuments and Archaeological Sites 57-66 and Remains Act, 1959 (GOI)

Indian Treasure Trove Act. 1878 67-70 Rajasthan Treasure Trove Act. Rules 1961 71-72 List of State Protected Monuments 73-81 List of State ProtectSietdes 82-83

List of State Protected Monuments of 84-88 Archaeological Survey of India in Rajasthan

(First published in the Rajasthan Gazette, Extraordinary, Dated July 17, 1961, Part IV-A)

LEGISLATIVE (1) DEPARTMENT

NOTIFICATION

Jaipur, July 13, 1961. No. F.4(36)LJ/A/57- The following Act of the Rajasthan State Legislature received the assent of the President on the 22 day of June, 1961, and is published for general information:-

THE RAJASTHAN MONUMENTS, ARCHAEOLOGICAL SITES AND

ANTIQUITIES ACT, 1961

(Act No. 19 of 1961) (Received the assent of the President on the 22 day of June, 1961) An

Act

to provide for the preservation, protection, upkeep, maintenance, acquisition and regulation and control over, ancient and historical monuments, archaeological sites and antiquities in the State of Rajasthan. Be it enacted by the Rajasthan State Legislature in the Twelfth Year of the Republic of India as follows: -

CHAPTERI

Preliminary

1. Short title, extent and commencement - (1) This Act may be called the Rajasthan Monuments, Archaeological Sites and Antiquities Act, 1961.

(2) It extends to the whole of the State of Rajasthan.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. Definitions - In this Act, unless the subject or context otherwise requires, -

(i) "ancient or historical monument" means any archaeological building, structure, erection or monument or any tumulus, tomb or place of interment or any cave, rock- Sculpture, rock-painting or sculpture of or on stone, metal, terracotta or other immovable object or any inscription or monolith, which is of historical archaeological or artistic importance, interest or value, and includes-

(a) any remains thereof,

(b) the site thereof,

(c) the portion of land adjoining such site which may be necessary or required for the preservation, protection, upkeep and maintenance of the same, and

(d) the means of access thereto and of convenient inspection and repairs thereof;

but does not include an ancient monument as defined in the Central Act, which has been declared protected under that Act and stands so declared.

(ii) "Antiquity" means-

(a) any coin, sculpture, epigraph, manuscript, record, document. picture, painting, printed matter or other work of art or craftsmanship,

(b) any article, object or thing of historical, archaeological or artistic importance, interest or value, detached from a protected monument or collected from or discovered in a protected area;

(c) any article, object or thing illustrative of science, art, crafts, literature, religion, customs, morals or politics in bygone ages, and

(d) any other article, object or thing of historical, archaeological or artistic importance, interest or value,

and includes any article, object or thing which the State Government may, by notification in the Official Gazette, declare, by reason of its historical or archaeological association, to be an antiquity for the purposes of this Act but does not include an antiquity as defined in the Central Act, which has been declared protected under that Act and stands so declared.

(iii) "Archaeological Officer" means an officer, of the Department of Archaeology of the State Government not below such rank as the State Government may from time to time prescribe;

(iv) "Archaeological Site" means any mound indicating ancient habitation or any area which contains or is reasonably believed to contain ruins or relics of historical or archaeological importance, interest or value and includes-

(a) any remains thereof,

(b) the site thereof,

(c) the portion of land adjoining such site which may be necessary or required for the preservation, protection, upkeep and maintenance thereof, and

(d) the means of access thereto and of convenient inspection, repairs and excavation thereof,

but does not include an archaeological site and remains as defined in the Central Act, which has been declared protected under that Act and stands so declared;

(v) "Central Act" means the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (Central Act 24 of 1958) as amended from time to time;

(vi) "Director" means the Director of Archaeology and Museums of the State and includes any officer appointed by the State Government to perform the duties of the Director under this Act;

(vii) "maintain", with its grammatical variations and cognate expressions, includes the fencing, covering in, repairing, restoring and cleaning of an ancient or historical monument, an archaeological site or an antiquity or the doing of any

act which may be necessary for the preservation, protection, upkeep or regulation of such monument, site or antiquity, or for securing convenient access thereto;

(viii) "owner" used with reference to an ancient or historical monument, archaeological site or antiquity includes-

(a) a joint owner invested with powers of management of or over such monument, site or antiquity on behalf of himself and other joint owners and the successor- 1n-title of any such owner, and

(b) any manager or trustee exercising powers of such management and the successor-in-office of any such manager or trustee;

(ix) "prescribed" means prescribed by rules made under this Act:

(x) "protected" when used with reference to an ancient or historical monument or an archaeological site, means such monument or site which may be declared by the State Government under section 3 to be a protected monument or a protected area; and

(xi) "protected antiquity" means an antiquity declared by the State Government under section 3 to be a protected antiquity and includes any article, object or thing referred to in sub-clause (b) of clause (11).

Power to declare monuments etc. to be protected - (1) The State Government may declare for the purposes of this Act-

(a) any ancient or historical monument to be a protected monument, or

(b) any archaeological site to be a protected area, or

(2) Before making any such declaration as 1s referred to in sub-section (1) the State Government shall, by notification in the Official Gazette, give two months' notice of its intention to do so and a copy of such notification along witha statement of the reasons for which such declaration is proposed to be made, shall be affixed in a conspicuous place at or near the ancient or historical monument or the archaeological site which 1s proposed to be declared as protected or on or near the place where or in which such monument or the antiquity proposed to be declared as protected 1s for the time being.

(3) Any person interested in any such monument, archaeological site or antiquity may, within two months after the publication of such notification in the Official Gazette, object to the proposed declaration.

(4) On the expiration of the said period of two months the State Government may, after considering the objections, if any received by it, declare by notification in the Official Gazette-

(i) An ancient or historical monument to be a protected monument, or

(ii) An archaeological site to be a protected area, or

(iii) An antiquity to be a protected antiquity. (4A) Not withstanding anything contained in sub-sections (2) and (3), where the State Government is satisfied with respect to any monument, archaeological site or antiquity, that there is immediate danger of its removal or destruction, it may instead of proceeding under the said sub-sections, by notification in the official

Gazette forthwith make a declaration under clauses (1), (11) or (111), as the case may be, of sub-section (4) in respect of any such monument, archaeological site or antiquity:

Provided that any person interested in any such monument, archaeological site or antiquity may, within two months after the publication of such notification, object to the declaration so made and State Government, after giving to such person an opportunity of being heard, may by order in writing dismiss the objection or withdraw the notification.

(5) A notification published under sub-section (4) shall, unless and until it is withdrawn, be conclusive evidence of the fact that the ancient or historical monument, archaeological site or antiquity to which it relates is a protected monument, a protected area or a protected antiquity for the purposes of this Act.

CHAPTER II

Protected Monuments Acquisition of rights in or guardianship or a protected monument - (1) The Director may, with the sanction of the State Government, purchase or take a lease of, or accept a gift or bequest of any protected monument.

(2) Where a protected monument is without an owner, the Director may, by notification in the Official Gazette, assume the guardianship of such monument.

(3) The owner of any protected monument may, by written instrument, constitute Director to be the guardian of such monument and the Director may, with the sanction of the State Government, accept such guardianship.

(4) When the Director has accepted the guardianship of a protected monument under sub-section (3), -

(a)the owner shall, except as expressly provided in this Act, have the same estate, right, title and interest in or to the monuments as if the Director had not been constituted a guardian thereof; and

(b)the provisions of this Act relating to agreements executed under section 5, shall apply to the written instrument executed under the said sub-section.

(5) Nothing in this section shall affect the use of any protected monument for customary religious observances.

Preservation of protected monument by agreement- (1) The Collector, when so directed by the State Government, shall propose to the owner of a protected monument to enter into an agreement with the State Government within a specified period for the maintenance and upkeep of the monument.

(2) An agreement under this section may provide for all or any of the following matters, namely: -

(a) the maintenance and upkeep of the monument;

(b) the custody of the monument and the duties of any person who may be employed to watch it;

(i) to use the monument for any purpose, or

(ii) to charge any fee for entry into, or inspection of, the monument, or

(iii) destroy, injure, mutilate, deface, alter, repair, remove or disperse the monument or to allow it to fall into decay, or

(iv) to build on or near the site of the monument;

(d) the facilities of access to be permitted to the public or any section thereof or to archaeological officers or to persons deputed by the owner or any archaeological officer or the Collector to inspect or maintain the monument:

(e) the notice to be given to the State Government in case the land on which the monument is situated or any adjoining land 1s offered for sale by the owner, and the right to be reserved to the State Government to purchase such land, or any specified portion of such land, at its market value:

(f) the payments of any expenses incurred by the owner or by the State Government in connection with the maintenance and upkeep of the monument;

(g) the proprietary or other rights which are to vest in the State Government in respect of the monument when any expenses are incurred by the State Government 1n connection with the maintenance and upkeep of the monument;

(h) the appointment of an authority to decide any dispute arising out of the agreement; and

(i) any matter connected with the maintenance and upkeep of the monument which is a proper subject of agreement between the owner and the State Government.

(3) The terms of an agreement under this section may be altered from time to time by the State Government with the consent of the owner.

(4) 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, 1f any, incurred by it on the maintenance and upkeep of the monument during the five years immediately 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.

(5) An agreement under this section shall be binding on any person claiming to be the owner of the monument to which it relates, from, through or under a party by whom or on whose behalf the agreement was executed.

Owners under disability. (1) In case of the owner of a protected monument being unable, by reason of infancy or other disability, to act for himself, the person legally competent to act on his behalf, and, in case of village property, the lambardar or other village-officer exercising powers of management of or over such property, may exercise the powers conferred upon an owner by section 5.

(2) Nothing in this section shall be deemed to empower any person not being of the same religion as the person on whose behalf he 1s acting to make or execute an agreement relating to a protected monument which or any part of which 1s periodically used for the religious worship or observances of that religion.

7. Failure or refusal to enter into agreement. - (1) If any owner or other person competent to enter into an agreement under section 5 for the maintenance and upkeep of a protected monument refuses or fails to enter into such an agreement, the State Government may make an order providing for all or any of the matters specified in sub-section (2) of section 5.

(2) No order under sub-section (1) shall be made unless the owner or other person has been given an opportunity of making a representation in writing and being heard against the proposed order.

(3) Every order made under sub-section (1) shall be binding on the owner or such other person and on every person claiming title to the monument from, through or under the owner or such other person.

(4) When an order made 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 and upkeep of the monument shall be payable by the State Government.

8. Application of endowment to repair protected monument.- (1) If any owner or other person competent to enter into an agreement under section 5 for the maintenance and upkeep of a protected monument refuses or fails to enter into such an agreement, and if any endowment has been created for the purpose of keeping such monument in repair or for that purpose, among others, the State Government may institute a suit in the court of the district judge, or, if the estimated cost of repairing the monument does not exceed one thousand rupees, may make an application to the district judge for proper application of such endowment or part thereof.

(2) On the hearing of an application under sub-section (1), the district judge may summon and examine the owner and any person whose evidence appears to him necessary and may pass an order for the proper application of the endowment or of any part thereof, and any such order may be executed as if it were a decree of a civil court.

9. Enforcement of agreements.- (1) If an owner or other person who 1s bound by an agreement for the maintenance and upkeep of a protected monument under section 5 refuses or fails, within such reasonable time as the Director may fix, to do any act which in the opinion of the Director is necessary for the maintenance and upkeep of the monument, the Director 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.

10. Power to make order prohibiting contravention of agreement.- (1) If the Director apprehends that the owner or occupier of a protected monument intends to destroy, injure, mutilate, deface, alter, disperse, remove, imperil or misuse the monument or to allow it to fall into decay or to build on or near the site thereof in contravention of the terms of agreement under section 5, he may, after giving such owner or occupier an opportunity of making a representation in writing, make an order prohibiting any such contravention of the agreement: Provided that no such opportunity may be given in any case where the Director, for reasons to be recorded, is satisfied that it is not expedient practicable to do so. (2) Any person aggrieved by an order made under sub- section (1) any appeal to the State Government within such time and in such manner as may be prescribed and the decision of the State Government shall be final.

11. Purchasers and persons claiming through owner bound by instrument- Every person who purchases any land on which 1s situated a protected monument 1n 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 any right, title or interest to or ina monument from, through or under an owner who executed any such instrument, shall be bound by such instrument.

12. Acquisition of protected monument (1) If the State Government apprehends that a protected monument 1s in danger of being destroyed, injured, mutilated, defaced, altered, dispersed, removed, misused or allowed to fall into decay, the State Government may acquire it under and in accordance with the provisions of the Land Acquisition Act 1894, (Central Act No. I of 1894) as if the preservation, maintenance and upkeep of the monument were a public purpose within the meaning of that Act.

(2) No protected monument shall be acquired under sub-section-

(a) 1f such monument or any part of it is periodically used for religious observances, or

(b) 1f such monument 1s the subject of a subsisting agreement executed under section 4 or section 5, and

(c) unless the owner or other person competent to enter into an agreement under section 5 has failed to enter into an agreement proposed to him by the Collector under sub-section (1) of section 5 within the period specified in such proposal, or

(d) unless such owner or other person has terminated or given notice of his intention to terminate an agreement made under section 5.

13. Maintenance of certain protected monuments — (1) The State Government shall maintain every monument 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 Director has assumed or accepted the guardianship of a protected monument under section 4, he shall, for the purpose of the maintenance and upkeep of such monument, have access to the monument at all reasonable times, by himself and by his agents, subordinates and workmen, for the purpose of inspecting and repairing the monument and for the purpose of bringing such

materials and doing such acts as he may consider necessary or desirable for the maintenance and upkeep thereof.

13A. Power to enter into agreement for the maintenance of certain monument-

(1) The State Government may, for the purposes of maintenance of a monument falling under section 13, enter into an agreement with any person, firm or trust on such terms and conditions, not inconsistent with the provisions of this Act, as may be specified in the agreement.

(2) Not withstanding anything contained in section 20A, the person, firm or trust referred to 1n sub-section (1) shall be entitled to collect and retain the whole or such portion of the fee leviable under section 20A and for such period, as may be agreed upon between the State Government and such person, firm or trust, having regard to the expenditure involved in the maintenance of the monument and collection of fee, interest on the capital invested, reasonable return on the investment and the volume of visitors.

14. Voluntary contributions, - The Director may receive voluntary contributions towards the cost of maintaining a protected monument and may give orders as to the management 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. Protection of place of worship from misuse, pollution or desecration. - (1) A protected monument maintained by the State Government under this Act which 1s a place of worship or shrine shall not be used for any purpose inconsistent with its character.

(2) Where the State Government has acquired a protected monument under section 12, or where the Director has purchased, or taken a lease, or accepted a gift or bequest or assumed or accepted guardianship of, a protected monument under section 4, and such monument or any part thereof is used for religious worship or observances by any community, the Collector shall make due provision for the protection of such monument or part thereof from pollution or desecration-

(a) by prohibiting the entry therein, except in accordance with the conditions prescribed with the concurrence of the persons, if any, in religious charge of the said monument or part thereof, of any person not entitled so to enter by the religious usages of the community by which the monument or part thereof 1s used, or

(b) ) by taking such other action as he may think necessary in this behalf.

16. Relinquishment of rights in a protected monument- With the sanction of the State Government, the Director may;

(a) where rights have been acquired in respect of any monument under this Act by virtue of any sale, lease, gift or will, relinquish, by notification in the Official Gazette, the rights so acquired to the person who would for the time being is the owner of the monument as if such rights had not been acquired; or

(b) relinquish any guardianship of a monument which he has accepted or assumed under this Act.

17. Penalties - (1) Whoever —

(a) destroys, injures, mutilates, defaces, alters, removes, disperses, misuses, imperils or allows to fall into decay a protected monument, or

(b) removes from a protected monument any sculpture, carving image, bas-relief, inscription or other like object,

shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to one lac rupees or with both.

(2) Whoever—

(a) being the owner or occupier of a protected monument, contravenes an order made under section 7 or section 10, or

(b) contravenes any other provision of this chapter for which contravention no punishment is provided for elsewhere therein,

shall be punishable with the like punishment.

18. Power to control mining etc. near protected monuments. (1) If the State Government is of opinion that mining, quarrying, excavating, blasting and other operations of a like nature should be restricted or regulated for the purpose of protecting or preserving any protected monument, the State Government may. by notification in the Official Gazette, make rules —

(a) fixing the boundaries of the area to which the rules are to apply,

(b) forbidding the carrying on of mining, quarrying, excavating, blasting or other operation of a like nature except in accordance with such rules and otherwise than under and in accordance with terms of a License, and

(c) prescribing the authority by which, and the terms on which Licenses may be granted to carry on any of the said operations.

(2) A rule made under this section may provide that any person committing a breach thereof shall be punishable with fine which may extend to five thousand rupees.

19. Preservation of amenities of or to protected monuments. -(1) If the State Government of opinion that for the purpose of preserving amenities to or of any protected monument it is necessary so to do, the State Government may, by notification 1n the Official Gazette, in respect of any area comprising or adjacent to the site of such monument and specified in such notification (hereinafter referred to as the controlled area).

(a) prohibit or restrict the construction, erection or execution of buildings, structures and other works above ground within the controlled area, or the alteration or extension of any such buildings, structures or works in such manner as materially to affect their external appearance;

(b) prescribe the position, height, size, design, materials, colour and screening, and otherwise regulate the external appearance, of buildings, structures and other works above ground within the controlled area;

(i) to construct any approach road to any protected monument, or

(ii) to demolish any place of public convenience vesting in it, that is to say a latrine, urinal, dustbin and the like, located close to or in the vicinity of any protected monument;

(d) prohibits or restrict the falling of trees within the controlled area;

(e) otherwise restrict the user of land within the controlled area to such extent as may appear to the State Government to be expedient for the purpose of preserving the amenities to or of the protected monument;

(f) provide for such matters as appear to the State 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) Not less than forty-five days before issuing a notification under sub-section (1), the State 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 stating that it proposes to issue a notification in terms of sub-section (1), together with a notice requiring all persons affected by such notification, who wish to make any objections to the issuing of such a notification, to submit their objections in writing to the State Government or to appear before any officer duly authorised in that behalf to hear objections on behalf of the State Government, within one month of the publication of the notification in the Official Gazette or within fifteen days from the date of the publication of the notification in the controlled area, whichever period expires later.

(3) If. before the expiration of the time allowed by sub-section (2) for the filing of objections, no objections has been made, the State Government shall proceed at once to issue the notification under sub-section (1) If any such objection has been made, the State Government, after all the objections have been considered or heard, as the case may be, may either —

(a) abandon the proposal to issue the notification under sub-section (1), or

(b) issue the notification under sub-section (1) with such modification as it thinks fit.

(4) In considering the objections, the decision of the State Government on the question of issuing the notification under sub-section (1) shall be final and conclusive.

(5) Nothing contained in any notification under sub-section (1) shall affect any building. structure or other work above ground or any alteration or extension thereof, if it was constructed, erected or executed before the date when notice of intention to issue a notification was given under sub-section (2), and for the purpose of this provision a building, structure or other work and any alteration or extension thereof shall be deemed to have been constructed, reected or executed before that, date-

(a) ) if its construction, erection or execution was begun before that date, or

(b) if and so far as its construction, erection or execution was necessary for the purpose of performing a contract made before that date.

(6) If any person contravenes any of the provisions of a notification issued under sub- section (1), he shall, on conviction, be punished with fine not exceeding three thousand rupees for every day on which the contravention occurs or continues.

(7) If, after any person has been convicted under sub-section (6) by reason of the fact that any building, structure or other work is not in conformity with the provisions of the notification issued under sub-section (1), the contravention continues after the expiration of such period as the court before whom he was convicted may determine, the State Government shall have power to do all such acts as in its opinion are necessary for removing so much of the building, structure or work as is not in conformity with the provisions of the notification aforesaid for making it conform with the provisions of the notification and any expenses incurred by the State Government in so doing shall be recoverable as an arrear of land revenue from the person convicted.

20. Right of access to protected monuments- (1) Subject to any rules made under this Act, the public shall have a right of access to every protected monument. (2)In making any rule under sub-section (1) the State Government may provide that a breach of it shall be punishable with fine which may extend to three thousand rupees.

20A. Power to levy entrance fee- (1) The State Government may, by notification in the Official Gazette, levy entrance fee in respect of such protected monuments, and at such rates not exceeding two thousand five hundred rupees per head, as may be specified in such notification:

Provided that if the State Government is of the opinion that it 1s expedient in the public interest so to do, it may by like notification, exempt, wholly or partly, any class of persons from the payment of entrance fee.

(2) Such entrance fee when so levied shall be collected in accordance with the rules made under this Act.

CHAPTER III

Protected Areas

21. Acquisition of a protected area- If the State Government is of opinion that any protected area contains an ancient or historical monument or antiquities of historical, archaeological or artistic importance, interest or value, it may acquire such area under and in accordance with the provisions of the Land Acquisition Act, 1894 (Central A No. 1 of 1894) as if the acquisition thereof were for a public purpose within the meaning of that Act.

22. Restrictions on property rights in protected areas- (1) No person including the owner occupier of a protected area, shall construct any building within the protected area carry on any mining, quarrying, excavating, blasting or any operation of like nature in such area, or utilise such area or any part thereof in any other manner without the permission of the State Government:

Provided that nothing in this sub-section shall be deemed to prohibit the use of any such area or part thereof for purposes of cultivation if such cultivation does not involve the digging of not more than one foot of soil from the surface.

(2) The State Government may, by order, direct that any building constructed by and person within a protected area in contravention of the provisions of sub-section

(1) shall be removed within a specified period and, if the person refuses or fails to comply with the order, the Collector may cause the building to be removed and the person shall be liable to pay the cost of such removal.

23. Excavations for archaeological or historical purposes- (1) An archaeological officer or an officer authorised by him in this behalf or any person holding a License granted in this behalf in the prescribed manner under this Act (herein after referred to as the Licensee) may, after giving notice in writing to the Collector and the owner, enter upon and make excavation 1n any protected area.

(2) Where an archaeological officer has reason to believe that any area not being a protected area contains ruins or relics of historical or archaeological importance, he or an officer authorised by him in this behalf may, after giving notice in writing to the Collector and the owner, enter upon and make excavations in the area.

24. Restrictions on excavations. (1) Notwithstanding anything contained in section 23, no excavation or other like operation for archaeological or historical purposes shall be undertaken or authorised to be undertaken in any area except with the previous approval of the Central Government and in accordance with such rules and directions, if any, as the Central Government may make or give in this behalf.

(2) Where, in the exercise of the power conferred by section 22, the rights of any person are infringed by the occupation or disturbance of the surface of any land, the Slate Government shall pay to that person compensation for such infringement.

25. Disposal of Antiquities etc. discovered during excavations- (1) Where, as a result of any excavations made in any area under section 23, any antiquities are discovered, the archaeological officer or the Licensee, as the case may be, shall-

(a) as soon as practicable, examine such antiquities and submit a report to the State Government in such manner and containing such particulars as may be prescribed, and

(b) at the conclusion of the excavation operations, give notice in writing to the owner of the land, from which such antiquities have been discovered, of the nature of such antiquities.

(2) All such antiquities shall be deemed to be protected antiquities and, until orders of the State Government as to the disposal or compulsory purchase thereof are received, the archaeological officer or the Licensee, as the case may be, 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 antiquities 1s made under sub- section (3), such antiquities shall vest in the State Government with effect from the date of the order.

26. Contraventions of chapter. -Whoever does any act in contravention of the provisions of this chapter, for which contravention no punishment 1s provided for elsewhere therein, shall be punishable with imprisonment for a term which may extend three years or with fine which may extend to one lac rupees or with both.

27. Regulation of excavations in protected areas- (1) The State Government may make rules

(a) prescribing the authorities by whom Licenses to excavate for archaeological and historical purpose in a protected area may be granted;

(b) regulating the conditions on which such Licenses may be granted the form of such Licenses and the taking of security from Licensees;

(d) generally, to carry out the purposes of this chapter.

(2) Such rules may be general for all protected areas for the time being or may be special for any particular protected area or areas and may provide that any person committing a breach of any rule or of any condition of a License shall be punishable with fine which may extend to five thousand rupees, and may further provide that. where the breach has been by the agent or servant of a Licensee, the Licensee himself shall be punishable.

CHAPTER IV

Protected Antiquities

28. Power of Government to control movement of protected antiquities. — (1) If the State Government considers that any protected antiquities or class of protected antiquities ought not to be moved from the place where they are without the sanction of the State Government, the State Government may, by notification in the Official Gazette, direct that any such protected antiquity or any class of such protected antiquities shall not be moved except with the written permission of the Director.

(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.

(4). Any person who moves any protected antiquity in contravention of a notification issued under sub-section (1) shall be punishable with fine which may extend to fifteen thousand rupees.

(5). If the owner of any property proves, to the satisfaction of the State Government, that he has suffered any loss or damage by reason of the

inclusion of such property 1n a notification issued under sub-section (1), the State Government may —

(a) exempt such property from the said notification, or

(b) purchase such property at its market value, or

29. Purchase of protected antiquities by Government. — (1) If the State Government apprehends that any antiquity mentioned in a notification issued under sub-section (1) of section 28 is in danger of being destroyed, injured, mutilated, defaced, altered, removed, dispersed, misused or allowed to fall into decay or is of opinion that by reason of its historical or archaeological or artistic importance it 1s 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 and the Collector shall thereupon give notice to the owner of the antiquity to be purchase:

Provided that the power of purchase given by this sub-section shall not be extend to any image or symbol actually used for bonafide religious observations.

(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.

CHAPTER V

Miscellaneous

30. Constitution of an Advisory Board. —

(1) For the purpose of advising the State Government in the matter of the preservation, maintenance, upkeep, protection, acquisition, regulation and control of ancient or historical monuments, archaeological sites and antiquities in the State, the State Government may constitute an Advisory Board under the name of the Rajasthan Board for ancient Monuments, Archaeological Sites and Antiquities.

(2) The constitution of the Advisory Board and the procedure regarding its work shall be such as may be prescribed.

31. 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 reason of any entry on, or excavations in, such land or the exercise of any other power conferred by this Act shall be paid compensation by the State Government for such loss, damage or diminution of profits.

32. Assessment of market value or compensation. — (1) The market value of any property which the State Government 1s empowered to purchase at such value under this Act or the Compensation to be paid by the State Government in respect of anything done or any property acquired under this shall, where any dispute arises in respect of such market value or compensation, be ascertained in the manner provided in the provisions of the Land Acquisition Act, 1894 (Central Act No. 1 of 1894) in so far as those provisions can be made applicable:

Provided that, when making an inquiry under that Act, the Collector shall be assisted by two assessors, one of whom shall be a competent person nominated by the State Government and the other a person nominated by the owner, or, in case the owner fails to nominate an assessor within such reasonable time as may be fixed by the Collector in this behalf, by the Collector.

(3) Notwithstanding anything contained in sub-section. (1) or in the Land Acquisition Act, 1894 (Central Act No. 1 of 1894) in determining the market value of any antiquity in respect of which an order for compulsory purchase 1s made under sub- section (3) of section 25 or under sub-section (1) of section 29, any increase 1n the value of the antiquity by reason of its being of historical, archaeological or artistic importance, interest or value shall not be taken into consideration.

33. Delegation of powers — The State Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act may be exercised subject to such conditions, if any, as may be specified in such notification, by the Director or by any other officer not below the rank of a Collector as may be specified in the notification.

34. Jurisdiction of Courts — No court inferior to that of a Magistrate of the first class shall try any offence under this Act.

35. Special procedural provisions — Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Central Act 5 of 1898) —

(a) An offence under sub-section (1) of section 17 shall be deemed to be cognizable offence within the meaning of that code, and

(b) it shall be lawful for any Magistrate of the first class specially empowered by the State Government in this behalf to pass a sentence of fine exceeding two thousand rupees on any person convicted of an offence which under this Act is punishable with find exceeding two thousand rupees.

36. Recovery of amount due to Government. - Any amount due to the State Government from any person under this Act may, on a certificate issued by the Director or an archaeological officer authorized by him in this behalf, be recovered in the same manner as an arrear of land revenue.

37. Protection of action taken under the Act - No suit for compensation and no criminal proceeding shall lie against the State Government or any public servant in respect of any act done or intended to be done in good faith in the exercise of any power conferred by this Act.

37-A. Rectification of error - Any clerical mistake, patent error or error from accidental slip or omission 1n the description of any ancient or historical monument or archaeological site or antiquity declared protected under this Act may, at any time be corrected by the State Government by notification in the Official Gazette.

38. Power to make rules - (1) The State Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for carrying out the purposes of this Act.

(2)In particular and without prejudice to the generality of the foregoing power such rules may provide for all matters which, under any provision of this Act, may be or are required to be prescribed or provided for by rules.

(3)Any rule made under this section may provide that a breach thereof shall be punishable with fine, which may extend to one lac rupees. (4)AIl rules made under this section shall be laid before the House of the State Legislature as soon as possible after they are made and shall be subject to such modifications as that House may make during the session 1n which they are so laid or the session immediately following.

39. Repeal and savings - The Ancient Monuments Preservation Act, 1904 of the Central Legislature as adapted to the pre-reorganization State of Rajasthan or as extending to the Abu and Ajmer areas and other corresponding laws of any State Legislature for the time being in force in any part of the State shall cease to have effect upon the coming into force of this Act, except as respects things done or omitted to be done before the commencement of this Act.

jktLFkku jkt&i= Rajasthan Gazette YZalkf/kdkj izdkf' kr' (Published by Authority) OS'kk[k 4] xq#okj] 'kd IEor~ 1891 &vizsy 24] 1969 Vaisakha 4, Thursday, Shak Samvat, 1891 April 24, 1969 Hkkx&4 Vax

mi&[k.M Vl%s

jKT; ljdkj rFkk VU; jkT;&izkf/kdkfj;ksa }kjk tkjh fd;s x;s YalkekU; vkns'kksa] mi&fof/k;ksa vkfn dks IlfEefyr djrs gq," IkekU; dkuwuh fu;e

EDUCATION DEPARTMNET

NOTIFICATION

Jaipur, December 31, 1968 G. S. R. 3. -In exercise of the powers conferred by section 38 of the Rajasthan Monuments, Archaeological Sites and Antiquities Act, 1961 (Rajasthan Act 19 of 1961) and the super- session of the Notification of even number dated 28h September, 1966, published in the Rajpatra, Part 4 (c), dated 28" September, 1966, the State Government hereby makes the following Rules (the same having been previously published in the Rajasthan Rajpatra, Part- II(B), dated the 28" January, 1965), namely: -

THE RAJASTHAN MONUMENTS, ARCHAEOLOGICAL SITES AND

ANTIQUITIES RULES, 1968

CHAPTERI

Preliminary

1. Short title and extent - (1) These rules may be called the Rajasthan Monuments, Archaeological Sites and Antiquities Rules, 1968

(2) They shall extend to the whole of the State of Rajasthan.

2. Definition- In these rules, unless the context otherwise requires,

(a) 'construction' means that construction of any structure and includes additions or alternations in an existing building;

(b) 'copying' means the preparation of copies by drawing or by photography or by mould or by squeezing and includes the preparation of a cinematography film with the aid of a hand camera which 1s capable of taking films of not more than eight millimeters and which does not require the use of a stand or involve any special previous arrangements;

(c) "document means any record on stone, lead or copper plate etc. Which is a work of art or craftsmanship and is historical value;

(d) 'filming' means the preparation of a cinematographic film with the aid of a camera which is capable of taking films of more than eight millimeters and which requires the use of a stand;

(e) 'form' means a form set out in Schedule II;

(f) 'manuscript' means any hand-writing, in a book form or on a paper or leaf, which is a work of art or historical value;

(g) 'mining operation' means any operation for the purpose of searching for or obtaining of any mineral'

(h) 'record' means engraved letters on stone, lead, terracotta or copper plate etc.;

(i) 'section' means a section of the Rajasthan Monuments, Archaeological Sites and Antiquities Act, 1961.

(j) 'schedule' means a schedule of these rules; and

(k) words and expression not defined by used in these rules shall have the meanings respectively assigned to them under the Rajasthan Monuments, Archaeological Sites and Antiquities Act, 1961.

CHPATER II

Access to protected monuments

3. Monuments governed by agreements etc. — (1) Access to protected monuments, in respect of which an agreement has been entered into between the owner and the State Government under section 5, or in respect of which a suit has been instituted in the Court of the District Judge under section 8, shall be governed by the provisions of the agreement or, as the case may be, the suit, and nothing the rules 4,5,6 or 7 shall be construed as affecting any such agreement or suit.

(2) A copy of the relevant provisions of every such agreement or suit shall be exhibited in a conspicuous part of the monument.

4. Parts of the monuments not open- The Director may by order direct that any specified part of a protected monument shall not be opened permanently or for a specified period, to any person other than an Archaeological Officer, his agents, subordinates and workmen and any other Government servants on duty at such part.

5. Monument when kept open — (1) The protected monument specified in Schedule I shall remain open during the hours specified against them in that schedule. Protected

monuments which are not specified and to which neither rule 3 or nor rule 4 applies shall remain open from sun-rise to sun-set, provided that an archaeological officer may by notice to be exhibited in a conspicuous part of the monument direct that a protected monument or a part thereof shall be closed temporarily for such period as may be specified in the notice.

(2) Nothing in this rule or in rule 4 shall apply to an archaeological officer his agents, subordinates and workmen or to any other Government servant on duty at a protected monument.

Entrance fee- (1) Every visitor shall require to pay the fee as mentioned in Part I of Schedule II for admission into Amber Palace, Nahargarh Fort, Jaipur and Mardana Palaces, Udaipur. The fee shall be payable in cash at the gate of entry into the Palaces and Fort. No fee shall be chargeable from children up to the age of 7. Parties of students coming under the guidance of their teachers shall have entrance into the palaces and fort on payment of a fee of ten Paisa only, provided that the Director may, by order, direct that on such occasions and for such period as may be specified in the order, no fee shall be charged for entry into the palaces and fort or part thereof. (2)The fee shall be recovered from each visitor by a representative of the Directorate of Archaeology and Museums, Rajasthan, Jaipur who shall issue a ticket 1n the form specified in part II of the Schedule II, to each visitor authorizing entry into Amber Palace, Nahargarh Fort and Mardana Palaces, Udaipur.

(3)Any Visitor going up to the Jaleb Chowk of Amber Palace and Nahargarh otherwise than on foot, shall pay the fee as in Part II of Schedule II for animals and conveyance. No conveyance other than specified in this part of Schedule II shall be plied on the route to Jaleb Chowk of Amber Palace and Nahargarh fort. (4)The following persons shall not be charged admission and conveyance fees for entry into the palaces on production of a permit granted by the Director 1n the form specified in Part IV of Schedule IL, namely: -

(i) The Governor of Rajasthan, members of his family and Raj Bhawan guests.

(ii) Rulers of Covenanting States of Rajasthan and the members of theirfamilies;

(iii) Union Ministers and State Ministers including Deputy Ministers;

(iv) Ambassadors;

(v) Speakers and Dy. Speakers of Parliament and State Assemblies (vi) State Guests;

(vi) Officials holding permanent passes from the Director for performance of their normal duties; and

(vii) Stall holders and shopkeepers who have been Licensed by the Director to run their shops inside Jaleb Chowk of Amber Palace and Nahargarh Fort. Holding of meetings etc. in monuments- (1) No protected monument shall be used for the purpose of holding any meeting, reception party, conferences or entertainment except under and 1n accordance with a permission in writing granted by the Government of Rajasthan.

(2) Nothing in sub-rule (1) shall apply to any meeting, reception, party, conference or entertainment which is held in pursuance of a recognized religious usage or custom.

8. Prohibition of certain acts within protected monument- No person shall within a protected monument-

(a) do any act which causes or 1s likely to cause damage or injury to any part of the monument; or

(b) discharge any fire-arms; or

(d) hawk or sell any goods or wares or canvass any cystinger for such goods or wares or display any advertisement in any form show a visitor round for monetary consideration, except under the authority of or under and in accordance with the conditions of a License granted by the Director or the Superintendent of Archaeology, Government of Rajasthan; or

(e) beg for alms; or

(f) violate any practice, usage or custom applicable to or observed in the monument; or

(g) bring, for any purpose other than the maintenance of the monument-

(i) any animal, or

(ii) any vehicle except in the areas reserved for the parking thereof.

9. License required for copying certain monuments The Director may, by order, direct that no person other than an archaeological officer or an officer authorised by him in this behalf shall copy any specified protected monument or any class of protected monuments or any part thereof except under and in accordance with the terms and conditions of a License granted by an Archeological Officer.

10. Conditions for copying other monuments- (1) Any person may copy a protected monument other than such monuments in respect of which an order has been made under rule 9.

(2) Nothing in sub-rule (1) shall be construed as authorizing any person other than an Archeological Officer or an officer authorised by him in this behalf, while copying any such monuments, to-

(a) bring into or use, within the precincts of such monuments, a camera-stand, stool, chair, table, large drawing desk board, or any such appliance, or

(b) erect any scaffolding within such precincts, or

(c) use within such precincts any artificial light other than a flash light synchronized with the exposure of a camera, or

(d) apply any extraneous matter, such as water, oil, grease or any moulding material on such monument or part thereof, or

(e) prepare a direct tracing or mould or squeeze of such monument or part thereof.

(f) except under and in accordance with the terms and conditions of License in writing granted by an archaeological officer.

11. License required for filming- No person shall undertake any filming operation at a protected monument or a part thereof except under and in accordance with the terms and conditions of a License granted under rule 13.

12. Application for License- An application for License under rules 9,10 and 11 shall be accompanied by the License fee specified in Schedule IV and shall be made to the Director in FormI at least one month before the proposed date of the commencement of any such operation.

13. Grant or refusal of License- On receipt of an application under rule, the Director may grant a License in Form | or, if he is satisfied that the License asked for should not be granted, he may after recording the reasons therefore refuse to grant a License.

14. Terms and conditions for the grant of a License- (1) Nothing shall be done by the License which has or may have the effect of exposing any part of the protected monument and the lawns and gardens attached thereto, to the risk of any damage.

(2) No extraneous matter such as water, oil etc. shall be applied on any part of the monument.

(3) The generating plate for electric power, wherever required, shall be placed away from the monument and the attached lawns and gardens.

(4) There shall be no noise or unseeingly behavior on the part of the performers.

(5) There shall be no request for closing down the monument or any part thereof to the public even for a short period either to facilitate the operation or for opening the monument beyond the normal hours.

(6) Nothing shall be done, which may hamper the free movement of the visitors to the monument.

(7) Each member of the party shall be allowed free entrance and conveyance at monument, where no such fees are charged from visitors.

(8) No employee of the Department of Archaeology shall be expected to render any assistance beyond the normal attention paid by such employees to the visitors.

(9) The License shall observe the provisions of rules 3 to 8.

(10) Nothing shall be done to violate the customary rules prevailing at the monument or to use it for any purpose that may be inconsistent with his character.

(11) Nothing which 1s likely to offer public sentiment shall be done.

(12) All the provisions of the Rajasthan Monuments, Archaeological Sites and Antiquities Act, 1961 shall be observed.

(13)In the event of the License having been cancelled under these rules, no claim for the refund of the fee or any part thereof shall be entertained.

(14) If however, under any circumstances the party fails to undertake the operation at the monument on the date specified in the application submitted earlier for the grant of License or if 1t does not wish to keep the monument engaged for the period for which fee stands already deposited (after having once begun the shooting operation at the monument), no fee or part thereof shall be refunded in either case.

(15)The above rules shall not apply to bonafide visitors 1n possession of 8 mm. Cine- camera, not requiring the use of stands, who want to film a monument for the simple purpose of taking record films and with no intention of utilizing the monument as a part of any scene, provided that the prohibition contained in rule 3 above are observed and the use of artificial light including flash-light synchronizers shall not be allowed in the interior of a monument.

15. Cancellation of License- The Director may, by order and, after giving notice to the licensee, cancel any License granted under rule 13, if he is satisfied that any of the terms and conditions of the License has been contravened.

16. Appeal- Any person aggrieved by an order of the Director under rule 13 or rule 15 may prefer on appeal to the State Government and the decision of that Government on such appeal shall be final.

17. Penalties- Whoever-

(a) unlawfully enters any protected monument or part thereof at a time when under these rules, it is not to be kept open; or

(b) unlawfully enters such monument in respect of which an order has been made under rule 4 or rule 5; or

(d) copies or films of any protected monument or does any act in contravention of the provisions of rules 9,10 and 11 or the terms or conditions of any License granted under rule 13;

shall be punishable with fine which may extend to one hundred rupees.

18. Particulars of buildings, structures and other works controlled under section 19- Within the controlled area of a protected monument, the position, height, size, design, material, colour and screening etc. of the building, structures and other works above the ground shall be regulated by the following conditions:-

(a) the new construction or structure shall not be in sucha place and of such a height as might obstruct the external view of the protected monument;

(b) the size of the new building or structure or works shall not be greater than that of the monument;

(c) the design of the new construction or structure or works shall not allow any incongruities so as to be a patch work in the vicinity, when compared with the style used in the monument;

(d) the materials used in the new construction shall not be different in quality from those used in the old building, structure or work;

(e) the colour of the new construction, structure or works shall be in conformity with the one used in the monument;

(f) the style of screens used, if any, in the new construction or structure or works would conform to the type used in the monument; and

(g) the internal appearance of the building, structures and other works above ground within the controlled area of the monument shall fall in line with the external appearance of the protected monument, in the regulated area of which the alteration or extension of any buildings or structures or works take place.

Chapter II

Constructions and other operations in protected area etc.

19. Application for permission for construction or excavation etc. in protected areas- Every application for permission for-

(a) construction of any building;

(b) carrying out any mining, quarrying, blasting; or

(d) undertaking any other operation of the like nature, under section 22, 1n any protected area, shall be made in Form II atleast three months before the date of commencement of the proposed construction, operation excavation, etc. as aforesaid.

20. Grant or refusal of License- (1) On receipt of an application under rule 19: -

(a) if such an application is for excavations for archaeological or historical purposes 1n any protected area, the Director shall obtain the previous approval of the Central Government with regard to the proposed excavation and may thereafter grant a License in Form IV for such purposes, subject to such rules and directions of the Central Government, if any, as the Central Government may make or give in this behalf in each case or generally, 1f the Director is satisfied that the applicant is competent by training and experience, to undertake the excavation and has adequate means, equipment and staff for the purpose;

(b) if such an application 1s for excavation for purposes other than archaeological or historical purposes, or for construction of any building or for carrying of any mining, quarrying, blasting or any operation of a like nature, the Director may grant, a License in Form V, if he is satisfied that the construction of any building or carrying on any such operation is not likely to damage any protected monument or affect that value thereof, and the applicant has adequate training and means for the purpose for which he has applied

(2) Not withstanding anything contained in sub-rule (1) and subject to the provision of rule 23, no License shall be granted under this rule unless the applicant has paid the License fee specified in Schedule IV and furnished security of such amount not exceeding one thousand rupees as the applicant has adequate training and means for the purpose for which, he has applied.

(3) The Director may for reasons to be recorded in writing refuse to grant a License in any particular case.

21. Conditions for License Subject to such rules or directions, if any, as the Central Government may make or give in this behalf, as provided under section 24, every License granted under rule 20 shall be subject to the following conditions: -

(a) It shall be non-transferable;

(b) It shall be in force for such period not exceeding two months as may be specified in the License:

Provided that the Director may, on application made to him at least one month before the expiry of the License, extend the period of such License by such time as he considers proper, subject to the condition that the total period including the period originally fixed and the period so extended does not exceed six months;

(c) The License shall give to the Director, the Collector of the district and the owner of the land to be excavated or in respect of which any operation as

stated in rule 19 is to be carried on at least fifteen days notice in writing for the excavation or such operation;

(d) The licensee shall have to be present at site tor at least 3/4" period of the aforesaid operation, unless the Director by order of the exempts him from Such presence;

(e) The licensee shall not, without the permission of the Director, dismantle or disturb any structures or antiquities found during his operation under the License and shall make adequate arrangements for the safety of structure or antiquities till they are taken charge of by the Director. The licensee shall inform the Director or the owner of the land of the discovery of any such structure or antiquities. He shall also inform the Director of the discovery of any antiquity in Form VI.

(f) The licensee shall not subject to any antiquities discovered during his operations under the License, to any chemical or electrical appliances of mining, without the permission of the Director;

(g) The licensee shall not impose any restriction on the inspection by any Archaeological Officer of his operations under the License or the structures or antiquities discovered during such operation. The licensee shall not also object to the taking of notes on or the filming of, the structures or antiquities so discovered, by an Archaeological Officer;

(h) The licensee shall give at least 15 days notice in writing to the Director before he discontinues his operations under the License unless the discontinuance of such operation is caused by causes beyond the control of the licensee or on account of the expiration of the period of License;

(i) | The licensee shall within three months of the completion of his operation under the License, submit to the Director a summary of the result of the operations carried on by him and where the operations continue for more than three months, such report shall be submitted every quarter and it shall be open to the Director to publish the contents of the report in his reports or reviews.

22. Disposal of antiquities- (1) Where, as a result of any excavation or operation carried o in any protected area, any antiquity is discovered, the Archaeological Officer or the licensee, as the case may be, shall submit a report of such discovery to the Stale Government through the Director, personally or by post in Form VII.

(2) Unless the State Government make an order under sub-section (3) of section 25 of the Act, such antiquities shall be disposed in the following manner: -

(i) antiquities other than rare antiquities shall be divided into two parts, one share shall go to the licensee and the other to the State Archaeological Department.

(ii) rare antiquities shall be preserved in the Museum of the area or locality;

(iii) all human relies of historical importance or antiquities, which are of National importance, shall be transferred to the Central Archaeological Survey.

23. Exemption from security and other cognate matters- (1) The Director may by order exempt a person or institution engaged in excavating or mining, blasting or quarrying

operation, if such a person or institution is an expert 1n this line and is recognized by the Central Archaeological Survey as competent to carry on the work.

(2) On the expiry of the excavations or operations under the License granted under rule 20 or the cancellation of such License under these rules, the security deposited by the licensee or the balance thereof in cases where some deduction or recovery has been made under these rules, shall be returned to him

(3) The Director may by order direct the deductions or recovery from the security amount furnished by the licensee under these rules.

(i) of the value of any antiquities recovered as a result of an excavation or operation carried on by a licensee under his License, if such antiquity is lost or destroyed while in the custody of the licensee.

(ii) of any compensation payable to the owner or occupier of the land in which the licensee has carried on any excavation or operation under his License.

(4) When during the currency of a License, any amount has been deducted or recovered under this rule, the Director may require the licen, within such time as he may specify to deposit a further sum as equivalent to the amount deducted or recovered.

24. Control of mining etc. to protect or preserve protected monument- (1) The Director may by order fix the boundaries of the area in or near which any protected monuments stand, for the purpose of regulating or restricting mining, quarrying, excavating, blasting and other operations of like nature, in order to protect or preserve any protected monument.

(2) No person shall carry on any mining, quarrying, excavating, blasting or any other operation of like nature in the area fixed under sub-rule (1), except in accordance with the terms and conditions of a License granted under sub-rule (3).

(3) An application for the grant of License required under sub-rule (2) shall be made to the Director, in Form VIII at least three months before the proposed date of commencement of any such operation.

(4) On receipt of the application and the fees prescribed in Schedule IV, the Director may grant the License in Form IX containing the terms subject to which any such operation, as aforesaid, may be carried on in any such area fixed under sub rule (1). The provision of sub-rule (2) of rule 20 and of rules 21 and 23 shall apply, as far as may be, to the grant of License under this sub-rule.

(5) The Director may, if he is satisfied that the carrying on of any such operation 1s dangerous to any protected monument, he may, after recording the grounds of his opinion, refuse to grant the License applied for or he may cancel the same, if granted.

25. Cancellation of a License- The Director may by order cancel of License granted under rule 20 or rule 24, if he is satisfied that the conduct of any construction or as the case may be, of any operation has not been satisfactory or in accordance with the terms and conditions of such License or is dangerous to any protected monument:

Provided that no License shall be cancelled, unless the licensee has been given opportunity of being heard.

26. Appeal- Any person aggrieved by an order of the Director, under rule 20 or rule 24 or rule 25 may, prefer may, prefer an appeal to the State Government, the decision of the State Government on such appeal shall be final.

27. Penalties- (1) Whoever undertaken any construction, mining quarrying, blasting or any operation of a like nature or any excavation, in any protected area otherwise then under a License granted under rule 20 or contravenes any of the terms and conditions of such License, shall be punishable with a fine which may extend to five thousand rupees

(2) Where the breach of any rule or condition of a License has been committed by the agent or servant of a licensee, the licensee himself shall be punishable as if he has himself committed such breach.

(3) Whoever commits any breach of sub-rule (2) of rule 24 or of any terms and conditions of the License granted under sub-rule (4) thereof shall be punishable with fine which may extend to two hundred rupees.

CHAPTER IV

Protected Antiquities

28. Declaration antiquities- Every owner of a coin sculpture epigraph, illustrated manuscript, picture, painting or any other work of art or craftsmanship, which 1s an antiquity, shall make a declaration to the effect that he or she has with him or her any one or more of the above types of antiquities. Such a declaration would contain all relevant particulars pertaining to the size, material, title and chronology of the object. A photograph of each of these objects shall have to be kept by every owner together with a register of all such objects, in which all particulars relating there to would be maintained. The declaration of his assess of the type mentioned by the owner would not mean that these would be confiscated or acquired compulsorily but that these would be placed within the knowledge of scholars and art critics, if they desire to do so. This would done in order to see the art and archaeological material of Rajasthan interpreted properly. Copies of photographs may be supplied by owners to scholars against cash payment but one set of such photographs may be supplied free of charge to the Director, for his record in such cases where it is not possible for the party to supply such photographs, the owner would send information to the Director that he has no objections if his objects are photographed by the department of Archaeology and Museums, the department shall arrange to have the objects photographed for reference purposes. After a list of such antiquities 1s received and photographic record of the objects are available, the State Government may declare them as

"Protected" under the Act, after issuing a notification 1n the official gazette in Form X and a copy of it would be sent to the respective owners.

29. Application for moving antiquities. Every application for permission to move any antiquity or any class of such antiquities in respect of which a notification has been issued under sub-section (1) of section 28 shall be made in Form XI to the

Director at least three months before the proposed date of the moving of such antiquity.

30. Grant or refusal of permission- On receipt of an application under rule 20, the Director may after making such enquiries as he may deem necessary, grant permission for the moving of all or any of the antiquities or; for reasons to be recorded, refuse such permission.

31. Penalty- Any person-

(a) who fails to declare any antiquity under his ownership as required by rule; or

(b) who moves any protected antiquity except with the written permission of the Director as required by sub-section (1) of section 28,

shall be punishable with fine which may extend to five hundred rupees.

CHAPTER V

Composition.

32. Composition — (1) The Board shall consist of the following member:-

(a) The Minister of Education;

(b) The Deputy Minister of Education;

(d) Secretary to the Government, Education Department or his nominee;

(e) Chief Engineer Public Works Department, Rajasthan;

(f) Not more than two persons possessing special knowledge of archaeology or keenly interested in the preservation of the cultural heritage, to be co-opted by the Board, as members; and

(g) The Director of Archaeology and Museums.

(2) The Minister of Education, Rajasthan shall be ex-office Chairman of the Board and when he is absent or for any other reason, he 1s unable to act, the Dy. Minister of Education, Rajasthan, shall act as Chairman. The Director shall be the member Secretary of the Board.

(3) The Vice-Chairman of the Board shall be elected by the Board and carry out the functions of the Chairman when the Chairman is absent or for any reason, he is unable to act.

33. Terms of office (1) the terms of office of the members of the Board shall be three years.

(2) Only the co-opted members shall be eligible for re-appointments by co-option.

34. Meeting- (1) The Board shall meet as and when considered necessary by the Chairman Provided that there shall be at least one meeting in a year.

(2) Special meetings may be called by Secretary on requisition by at least one third members of the Board, 1f such requisition is addressed to the Secretary and 1s accompanied by a clear statement of the business to be transacted thereat, the Secretary shall, upon receipt of the requisition, call the special meeting as soon as may be practicable.

35. Notice of meeting- The Secretary shall send the notice of meeting. together with the agenda, to the members at least 15 days before the date of the meeting, except

in the case of a special meeting wherefore such short notice, as may be practicable under the circumstances of the case, may be given.

36. Quorum- At least one half of the members shall be present to constitute quorum at any meetings.

37. Procedure of business at a meeting. - (1) All questions shall be decided by a majority of votes of the members including Chairman or the Vice-Chairman, as the case may be, present and voting.

(2) In all cases of equality of votes, the Presiding authority shall have a record vote.

(3) Votes shall be taken by a show of hands.

38. Standing and ad-hoc committees- (1) The Board shall be at liberty to form standing or ad-hoc committees and shall have power to appoint on an ad-hoc committee persons who are not members of the Board but who possess special knowledge and experience of the problems which the committee is required to examine.

(2)Each standing or ad-hoc committee shall consist of three to six members who shall be appointed by the Board.

(3)The quorum at any meeting of such committee shall be two third of the total number of its members. present thereat. If such a quorum is not present at any meeting, it shall be adjourned on any convenient date and no quorum shall be necessary at the adjourned meeting.

(4)The members shall elect amongst themselves a person as the President of their Committee at a meeting specially convened for the purpose.

(5)The term of office of the members of such Committee shall be co-extensive with the term of office of the Advisory Board.

(6)The procedure of business at a meeting of the Board as stated in rules 34 shall apply Mutatis mutandis' to a meeting of such committee.

39. Power of the State Government to dissolve and reconstitute the Advisory Board-

(1) If, at any time, the State Government 1s satisfied that the Advisory Board 1s not competent to perform its duties or has abused its powers or its continuance is not likely to serve any purpose, it may by order published in the official gazette dissolve the Board, Provided that no action shall be taken under this sub-section unless the Board has been afforded a reasonable opportunity submitting explanation and of being heard, if the Board so desires.

(2) The Board dissolved under sub-section (1) may be reconstituted by the State Government by order published in the official gazette.

(3) The consequences of the dissolution of the Board under sub-section (1) shall be as if the term of the Board has expired under these rules.

CHAPTER VI

Miscellaneous

40. Manner of preferring an appeal- (1) Every appeal to the State Government under the Rajasthan Monuments, Archaeological Sites and Antiquities Act, 61 or under these rules shall be in writing and shall be preferred within one month of the date of receipt of the order appealed against.

(2) Every such appeal shall be accompanied by a copy of the order appealed against.

41. Service of orders and notices- Every order or notice made or issued under these rules shall-

(a) 1n the case of any order or notice of a general nature or affecting a class of persons, be published in the official gazette; and

(b) 1n the case of any order or notice affecting corporation or firm, be served in the manner provided for the service of summons in rule 2 of order XXIX or rule 3 of order XXX, as the case may be, in the First Schedule to the Code of Civil Procedure, 1908; and

(i) by delivering or tendering it to the person concerned,

(ii) if it cannot be so delivered or tendered, by delivering or tendering it to any adult male member of the family of such person or by affixing a copy thereof on the outer door or some conspicuous part of the premises in which that person 1s known to have last resided or carried on business or personally worked for gain, or

(iii) by sending it by registered post, acknowledgement due. (No. F. 6(39)Edu./B/56-C.IV)

By Order,

t-flag esgrk]

Secretary to Government

Form II (See Rule 13) License for copying or filming operation at protected monument. MIS 00. occece e cece cee eeteteeee teeeeeneees is here allowed to undertake the copying operation or filming operation of his/their film entitled ..........00000.0..... as per script and details of scenes attached .......................... bereto i and oo... ceccecee eeeeete eeeenees around a . Discrit... ..State Rajasthan for a period of............. days commencing with the .. .. days of. .196......

'The license 1s eranted subject to» the provision of the rules and is further subject to the following conditions, namely: -

The requisite of fee of Rs...........0....... has been charged from his/them. The license is not transferable. It shall be valid for the period; it has been issued.

Seal and signature of the

Director, Archaeology, Raj.

Jaipur

Form Ill

(See Rule 19)

Application for permission for construction, quarrying, blasting and mining operation within a protected area.. bene es

1. Name and address ofa pplicant.

2. Name of the protected area within which construction/mining/excavating/quarrying/blasting operation is proposed coe a eeeeecccceseeeeeesessaees locality.

3. Nature and details of the proposed construction, quarrying, blasting and excavating and operation in respect of which permission is sought.

4. Purpose of the proposed construction/blasting/quarrying/excavating or mining operatio.n.

5. Approximate duration and date of commencement of the proposed construction/blasting/quarrying/excavating/mining operation... .......

6. Approximate expenditure on the proposed operation ete. ......... I declare that above information is correct. I also undertake to observed the provisions of the Rajasthan Monuments, Archaeological Sites and Antiquities Act, 1961 and the rules made thereunder.

Seal of the Organization State Signature of the Applicant Note:- 1. If the application is on behalf of an organization, the name thereof should be given.

2. If the application is on behalf of an organization, the signature should be that of the head of the organization.

Form IV

(See Rule 20)

Form of license of excavations for Archaeology or historical purpose in protected area. Whereas...............00000. has applied for a license for carrying out excavations for archaeological or historical purpose in the protected area known as..................... At bee eetteeeee District.

And whereas the said Shri..............0.000000.. has agreed to abide by the said rules and directions of the Central Government, as also the provisions of the Rajasthan Monuments, Archaeological Sites and Antiquities Act, 1961 and the rules made thereunder and more particularly specified in Part 'A' given below.

And whereas the Central Government has approved the grant of license to the said Shit... subject to the rules and directions specified in part "B' given below; And whereas the said Shfl...........0.0....cccccccee has also deposited the license fee of Rs. 2.0.0.0... .. and the security amount of Rs.................. as required by the rules.

"Whereas, I eee bobo ese seccteteteeecetsnaeeees Director of Archaeology and Museums, Rajasthan, do hereby grant this license under rule 20(1)(1) of the Rajasthan Monuments, Archaeological Sites and Antiquities Rules, 1964, to the said Shri .. bees for carrying out the excavations for historical or Archaeological purposes, in the area indicated 1n red out lines on the plan attached hereto.

This license 1s granted subject the provision of the Rajasthan Monuments Archaeological Sites and Antiquities Act, and the rules made there under, more particularly subject to the conditions and rules specified in Part 'A' and part "B' thereof. The license 1s valid for ....0..c0c c0ecc.cc.cecccctcetceeeceeceee s commencing with boc cece bdccttaseeesesssaeeeess day of 196

Station. Signature of the Director

Dated of Archaeology &

Museums

Seal of the Deptt. Rajasthan.

PART 'A'

Conditions of the License

(i) The License shall not be transferable;

(ii) It shall be in force for such period not exceeding two months as may be specified in the License: Provided that the Director may, on application made to him at least one month before the expiry of the License, extend the period of such License by such time as he considers proper, subject to the condition that the total period including the period originally fixed and the period so extended does not exceed six months;

(iii) The License shall give to the Director, the collector of the District and the owner of the land to be excavated or in respect of which any operation as stated in rule 19 is to be carried on, at least fifteen days, notice in writing of the excavation of such operation.

(iv) The License shall have to be present at site for at least 3/4" period of the aforesaid operation, unless the Director by order exempts him for such presence;

(v) The License shall not, without the permission of the Director dismantle or disturb structures or antiquities found during his operations under the License and shall made adequate arrangements for the safety of structures or antiquities till they are taken charge of by the Director. The License shall inform the Director or the owner of the land of the discovery of any such structure. He shall alsO inform the Director of discovery of any antiquity in Form VI.

(vi) The License shall not subject any antiquities discovered during his operations under the License, to any chemical or electrical appliances of mining, without the permission of the Director;

(vii) The License shall not impose any restrictions on the inspection by any Archaeological Officer of his operations under the License or the structures or antiquities discovered during such operation. The License shall not also object to the taking of notes on or the filming of the structures or antiquities so discovered, by an Archaeological Officer.

(viii) The License shall give at least 15 days notice in writing to the Director before he discontinues his operations under the license, unless the discontinuance of such operation is caused by causes beyond the control of the license or on account of the expiration of the period of license;

(ix) The License shall, within three months of the completion of his operation under the license submit to the Director a summary of the result of the operations carried on by him and where the operations continue for more than three months, such reports shall be submitted every quarter and it shall be open to the Director to publish the contents of the report in his reports or reviews.

PART 'B'

Rules and directions of the Central Government be observed by the License; Form V

(See Rule 20)

License for construction/ quarrying / excavating / blasting / mining / operation in a protected area.

NWF WN D>

WHeLEAS...... eee eect cece cceteeeeeeeees has applied for License for carrying out construction/ quarrying / excavating / blasting / mining / operation in a protected area known AS oeee ee e ee Ab ees District.

And whereas the said Shirt .........0.000.cceeeeeees has undertaken to observe the provisions of the Rajasthan Monuments, Archaeological Sites and Antiquities Act, 1961 and the rules made thereunder has further deposited the sum of Rs.................. (Rupees boc ceeeeeeeees only) as required by the rules.

Dooce cece eee ccceeeeeeesenteeees Director of Archaeology and Museums do hereby grant this license under sub-rule (11) of rule 20 of the said rules to the said.............000c cece to carry out operations in the area indicated in red outlines on the plan attached hereto. The License is granted subject to provisions of the said Act and rules and more particularly to the following conditions, namely: -

PART 'A'

Conditions of the License

(i) This License shall not be transferable;

(ii) It shall be in force for such period not exceeding two months as may be specified in the License:

Provided that the Director may, on applications made to him at least one month before the expiry of the license, extend the period of such License by such time as he considers proper, subject to the condition that the total period including the period originally fixed and the period so extended does not exceed six months;

(iii) The License shall give to the Director, the collector of the District and the owner of the land to be excavated or in respect of which any operation as stated in rule 19 is to be carried on, at least fifteen days notice in writing of the excavation of such operation;

(iv) The License shall have to be present at site for at least 3/4 period of the aforesaid operation, unless the Director by order exempts him for such presence;

(v) The License shall not, without the permission of the Director dismantle or disturb any structures or antiquities found during his operations under the license and shall make adequate arrangements for the safety of structures or antiquities till they are taken charge of by the Director. The License shall inform the Director or the owner of the land of the discovery of any such structure or antiquities. He shall also inform the Director of the discovery of any antiquity in Form VI.

(vi) The License shall not subject any antiquities discovered during his operations under the License, to any chemical or electrical appliances of mining, without the permission of the Director;

(viii) The license shall give at least 15 days notice in writing to the Director before he discontinues his operations under the license, unless the discontinuance of such

operation is caused by causes beyond the control of the license or on account of the expiration of the period of license;

(ix) The License shall, within three months of the completion of his operation under the License submit to the Director a summary of the result of the operations carried on by him and where the operations continue for more than three months, such reports shall be submitted every quarter and it shall be open to the Director to publish the contents of the report in his reports or reviews.

been ee Day of ....20

vee eee station. Signature of the Director

Lotte ees eee Date Archaeological, Rajasthan,

Jaipur

Seal of the Deptt.

of Archaeology & Museums Rajsthan.

Form VI

(See Rule 21 (v))

Form of the information to be submitted by the License regarding discovery of antiquities.

To,

The Director,

Archaeology & Museums,

Rajasthan, Jaipur.

Dear Sir,

During the operations carried on under the License No. ......... dated ........... granted by you, the following antiquities, particularized below have been discovered. Adequate arrangements have been made for their safe custody: - Particulars of antiquities discovered: -

1. Class & Antiquities.

2. Material

3. No. of antiquities. a. complete.

b. fragments.

4. Conditions at the time of discovery.

5. Name of arrangements made for their safe custody, including name of the person in whose custody and the place where antiquities discovered are placed.

6. Remarks. Dated... .............. Signatoufr tehe licensee.

Station... ............

Form VII (See Rule 22) Form of the report on the antiquities discovered as a result of excavation in a protected area. Name of site

Locality

District

State

Report for the period

From To

S.No | Class of antiquities | No. of antiquities/Complete Approximate Remarks

Material fragmentary.^age

Station... 2.0... ....0.0.. Signature of the licensee Dated...........0.00.... or Excavator.

Note: - in the case of pottery the approximate number is to be stated. Form VIII

(See Rule 24)

Application for license for mining, quarrying, excavating, blasting etc. within a regulated area.

1. Name and address of the applicant.

2. Name of the Monument near or adjoining which the regulated area is situated.

3. Locality District

4. Nature and details of the proposed mining operation/construction in respect of which permission is sought. (A site-plan in triplicate showing in red outline the location of the building in relation to the monument and the regulated area and the plan and elevation of the building should be attached; and the colour, external appearance and method of the screening of the building and depth down to which the soil will be excavated for the appurtenances of the building should be specified.) Purpose of the proposed mining operation/construction.

Approximate duration and date of commencement of the proposed mining operation/construction/

I declare that the above information is correct. I also undertake to observe the provisions of the Rajasthan Monuments, Archaeological Sites and antiquities Act, 1961 and the rules made thereunder.

Seal of the organization Station Signature of the applicant.

Date

Form IX (See Rule 24) License for mining/quarrying/excavating/blasting operations etc. within a regulated area. Whereas... ............... Of occ. has applied for a license for regulated area near adjoining ............ At. District and has undertaken to observe the provisions of the Rajasthan Monuments, Archaeological Act. 1961 and the rules made thereunder. Whereas ... 2.0.0.0 Of ccc cece cccnneeees has applied fora license for regulated area near adjoining ................. Ab. District and has undertaken to observe the provisions of the Rajasthan Monuments, Archaeological Sites and Antiquities Act, 1961 and the rules made thereunder.

Doi e cee cee ceeeetseeettteeeenaes Director of

Archaeology and Museums, do hereby grant this license under sub-rule (4) of rule (24) of the said rules to the said .........000 cece in the area indicated in red outline on the plan attached hereto.

The license is granted subject to the provisions of the said Act and rules and is further subject to the following conditions, namely: -

PART 'A'

Conditions of the License

(i) The license shall not be transferable;

(ii) It shall be in force for such period not exceeding two months as maybe specified in the license : Provided that the Director may, on application made to him at least one month before the expiry of the license, extend the period of such license by such time as he considers proper, subject to the condition that the total period including the period originally fixed and the period so extended does not exceed six months;

(iii) The license shall give to the Director, the collector of the District and the owner of the land to be excavated or in respect of which any operation as stated in rule 19 is to be carried on, at least fifteen days, notice in writing of the excavation of such operation;

(iv) The license shall have to be present at site for at least 3/4th period of the aforesaid operation, unless the Director by order exempts him for such presence;

(v) The license shall not, without the permission of the Director dismantle or disturb any structures or antiquities found during his operations under the license and shall make adequate arrangements for the safety of structures or antiquities till they are taken charge of by the Director. The license shall inform the Director of the owner of the land of the discovery of any such structure of the owner of the land of the discovery of any such structure or antiquities. He shall also inform the Director of the discovery of any antiquity in Form VI.

(vi) The license shall not subject any antiquities discovered during his operations under the license, to any chemical or electrical appliances of mining, without the permission of the Director;

(vii) The license shall not impose any restrictions on the inspection by any Archaeological Officer of his operations under the license or the structures or antiquities discovered

during such operation. The license shall not also object to the taking of notes on or the filming of the structures or antiquities so discovered, by an Archaeological Officer.

(viii) The license shall give at least 15 days notice in writing to the Director before he discontinues his operations under the license, unless the discontinuance of such operation is caused by causes beyond the control of the license or on account of the expiration of the period of license;

(ix) The license shall, within three months of the completion of his operation under the license submit to the Director a summary of the result of the operations carried on by him and where the operations continue for more than three months, such reports shall be submitted every quarter and it shall be open to the Director to publish the contents of the report in his reports or reviews.

The license shall be valid for .................... commencing with ............0..... Day of Date Seal of the Director Signature of the Director of

Station Archaeology & Museums,

Rajasthan

Form X

(Gazette notification for declaring antiquities as protected)

Whereas the Government of Rajasthan is of the opinion that paintings/sculptures, coins, ancient manuscripts (illustrated)/chart objects specified in the schedule before is of State importance. Now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the Rajasthan Monuments, the Government of Rajasthan hereby gives notice of its intention to declare the antiquities specified in the schedule below to be of State importance. Any objection made within two months after the issue of this notification by any person interested in the same antiquity or antiquities will be considered by the Government.

SCHEDULE

S.N | Name and Description of the Locality | Distric | Importance ^OMonument/Antiquities^t

Signature and Seal of the Director,

Archaeology & museums, Rajasthan, Jaipur

Form XI Application for moving of antiquities Name and address of the applicant. Name of the place from which antiquities are to be moved. Locality District State

Description of antiquities proposed to be moved (Photographs showing details of the antiquities should be attached).

Reasons for their removal.

Approximate date of moving.

Their present market value or recorded value.

I declare that the above information is correct.

Date ............... Station 00.00... Signature of the applicant.

The Ancient Monuments And

Archaeological Sites & Remains Act, 1958

BAREACT

Along with RULES & NOTIFICATION

THE ANCIENT MONUMENS AND

ARCHAEOLOGICAL SITES AND REMAINS

ACT, 1958

(ACT NO. 24 OF 1958)

Preliminary

SECTION

1. Short title, extent and commencement.

2. Definitions 2-A. Construction of reference to any law not in force in the State of Jammu and Kashmir.

Ancient Monuments and Archaeological Sites

and Remains of National Importance

SECTION

3. Certain ancient monuments, etc., deemed to be of national importance.

4. Power of Central Government to declare ancient monuments etc., to be of national importance.

Protected Monuments

SECTION

5. Acquisition of rights in a protected monument.

6. Preservation of protected monument by agreement.

7. Owners under disability or not in possession.

8. Application of endowment to repair a protected monument.

9. Failure or refusal to enter into an agreement.

10. Power to make order prohibiting contravention of agreement under Section 6.

11. Enforcement of agreement.

12. Purchasers at certain sales and persons claiming through owner bound by instrument by executed owner.

13. Acquisition of protected monuments.

14. Maintenance of certain protected monuments.

15. Voluntary contributions.

16. Protection of place of working from misuse, pollution or desecration.

17. Relinquishment of Government of rights in a monument.

18. Right of access to protected monument. Protected Areas

SECTION

19. Restrictions on enjoyment of property rights in protected areas.

20. Power to acquire a protected area.

Archaeological Excavations

SECTION

21. Excavations in protected areas.

22. Excavations in areas other than protected areas.

23. Compulsory purchase of antiquities, etc., discovered during excavation operations.

24. Excavations, etc., for archaeological purposes. Protection of antiquities

SECTION

25. Power of Central Government to control moving of antiquities.

26. Purchase of antiquities by Central Government. Principles of Compensation

SECTION

27. Compensation for loss or damage.

28. Assessment of market value or compensation. Miscellaneous

SECTION

29. Delegation of power.

30. Penalties.

31. Jurisdiction to try offences.

32. Certain offences to be cognizable.

33. Special provision regarding fine.

34. Recovery of amounts due to the Government.

35. Ancient monuments, etc., which have ceased to be national importance.

36. Power to correct mistakes, etc.

37. Protection of action taken under the Act.

38. Power of make rules.

39. Repeals and saving.

THE ANCIENT MONUMENS AND

ARCHAEOLOGICAL SITES AND REMAINS

RULES, 1959

CHAPTER I

Preliminary

RULE

1. Short title, extent and commencement.

2. Definitions

CHAPTER I

Access to Protected Monuments

RULE

3. Monuments government by agreement

4. Parts of monuments not open.

5. Monuments.

6. Entrance fee.

7. Holding of meetings, etc., in monuments

8. Prohibition of certain acts within monuments.

9. Penalty.

CHAPTER II

Construction and other Operations Protected Area

RULE

10. Permission required for construction, etc.

11. License required for excavation.

12. Application for license

13. Grant or refusal of license.

14. Period of license.

15. Cancellation of license.

16. Conditions of license.

17. Recovery from security.

18. Demand of further security.

19. Appeal.

20. Return of security.

21. Publication of excavation.

22. Return of antiquities by a licensee.

23. Penalty.

CHAPTER IV

Excavation in Unprotected Areas

RULE

24. Intimation to the Central Government.

25. Approved by the Central Government.

26. Deputation of an archeological officer.

CHAPTER V

Report on Excavated Antiquities by an Archaeological Officer

RULE

27. Form of report by an archaeology officer.

CHAPTER VI

Moving of Antiquities From Certain Area

RULE

28. Application for moving antiquities.

29. Grant or refusal of permission.

30. Appeal.

CHAPTER VII

Mining Operator and Construction near Protected Monuments

RULE

31. Notice of intention to declare a prohibited or regulated area.

32. Declaration of prohibited or regulated area.

33. Effect of declaration of prohibited or regulated area.

34. Application for license.

35. Grant or refusal of license.

36. Cancellation of license.

37. Appeal.

38. Removal of unauthorized buildings.

39. Penalty.

CHAPTER VIII

Mining Operator and Construction near Protected Monuments

RULE

40. Permission required for copying certain monuments.

41. Conditions of copying other monuments.

42. License required for filming.

43. Application for license.

44. Grant or refusal of license.

45. Cancellation of license.

46. Appeal.

47. Certain rules not affected.

48. Penalty.

CHAPTER Ix Miscellaneous

RULE

49. Manner of preferring an appeal.

50. Service of orders and notices.

SCHEDULES

SCH.

First- Certain monuments or parts thereof will remain open. Second- Certain monuments or parts thereof entry into which can be had only on payment of fee.

Third- FormI- Application for permission for construction/mining operation with a Protected area.

FormII - Application for license to excavate in a protected area. Form III - License for excavating in a protected area.

FormIV - Report on antiquities excavated in a protected area. Form V - Report on antiquities excavated by an archaeological officer. Form VI - — Application for the moving of antiquities.

Form VII - Application for license for mining operation/construction within a regulated area.

Form VII - License off mining operation/construction within a regulated area. Form IX - Application for license of filming operation at a protected monument.

Form X - License for filming operation at a protected monument.

NOTIFICATIONS UNDER THE VARIOUS PROVISIONS OF THE

ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND

REMAINS ACT, 1952 AND RULES, 1959

NOTIFICATION

1. The central Government gave one month's notice of its intention to declare areas up to 100 meters from the protected limits, and further beyond it up to meters near or adjoining protected monuments to be prohibited and regulated 200 areas respectively for purposes of both mining operation and construction. -S.O. 1764, dated 16" June,

1992.

2. Inthe Public Premises (Eviction of Unauthorised Occupants) Act, 1971 the Central Government here by appoints the officers with the premises under Jurisdiction of Archaeological Survey of India. -S.O. 321, dated 16"January, 1998.

3. The Director General, Archaeological Survey of India, here by direct that the Taj Mahal at Agra, a protected monument, shall not be open on every Friday to any person, except for those offering customary afternoon prayers in the mosque in the Taj Mahal complex. -S.O. 1000E), dated 5"January, 2001.

(THE) Ancient Monuments and

Archaeological Sites and Remains Act, 1958

(24 of 1958)

28" August, 1958

An Act to provide for the preservation of ancient and historical monuments and archaeological sites and remains of national importance, for the regulation of archaeological excavations and for the protection of sculptures, carvings and other like objects. Be it enacted by Parliament in the Ninth- Year of the Republic of India as follows: The Act has been extended to:

Preliminary

1. Short title, extent and commencement- (1) This Act may be called the Ancient Monuments and Archaeological Sites and Remains Act, 1958..........

(2) It extends to the whole of India.

(3) It shall come into force on such date as that Central Government may by notification in the Official Gazette, appoint.

2. Definitions- In this Act, unless the context 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 1s of historical, archaeological or artistic interest and which has been in existence for not less than one hundred 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. "antiquity" includes-

i. any coin, sculpture, manuscript, epigraph or other work of art or craftsmanship,

ii. any article, object or thing detached from a building or cave.

iii. any article, object or thing illustrative of science, art, crafts, literature, religion, customs, morals or politics in bygone ages,

iv. any article, object or thing of historical interest, and

v. any article, object or thing declared by the Central Government by notification in the Official Gazette, to be an antiquity for the purpose of this Act,

which has been in existence for not less than one hundred years; c. "archaeology officer" means an officer of the Department of Archaeology of the Government of India not lower in rank than Assistant Superintendent of Archaeology;

d. "archeological site and remains" means any area which contains or is reasonably believed to contain ruins or relics of historical or archaeological importance which have been 1n existence for not less than one hundred 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; e. "Director-General" means the Director-General of Archaeology and includes any officer authorised by the Central Government to perform the duties of the Director-General;

f. "maintain" with its grammatical variations and cognate expressions, includes the fencing, covering in, repairing, restoring and cleansing of a protected monument and the doing of any act which may be necessary for the purpose of preserving a protected monument or of securing convenient access there to; g. "owner" includes-

i. ajoint owner invested with powers of management on behalf of himself and other joint owners and the successor-in-title of any such owner; and

ii. any manager or trustee exercising powers of management and the successor-in-office of any such manager or trustee; h. "prescribed" means prescribed by rules made under this Act;

i. "protected area" means any archaeological site and remains which declared to be of national importance by or under this Act

j. "protected monument" means an ancient monument which is declared to be of national importance by or under this Act.

2- A. Construction of reference to any law not in force in the State of Jammu and Kashmir- Any reference in this Act to any law which 1s not in force in the State of Jammu and Kashmir, shall in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State Ancient Monuments and Archaeological Sites and Remains of National Importance

3. Certain ancient monuments, etc. deemed to be of national importance- All ancient and historical monuments and all archaeological sites and remains which have been declared by the Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act. 1951 or by Section 126 of the States Reorganisation Act, 1956, to be of national importance shall be deemed to be ancient and historical monuments or archaeological sites and remains declared to be of national importance for the purposes of this Act.

4. Power of Central Government to declare ancient monuments etc.to be of national importance- (1) Where the Central Government is of opinion that any ancient monument or archaeological site and remains not included in Section 3 is of national importance, it may, by notification in the Official Gazette, give two months' notice of its intention to declare such ancient monument or archaeological site and remains to be of national importance; and a copy of every such notification shall be affixed in a conspicuous place near the monument or 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, object to the declaration of the monument, or the archaeological site and remains, to be of national importance.

Protected Monuments

5. Acquisition of rights in a protected monument- (1) The Director-General may, with the sanction of the Central Government, purchase, or take a lease of, or accept a gift or bequest of, any protected monument,

(2) Where a protected monument 1s without an owner, the Director-General may, by notification in the Official Gazette assume the guardianship of the monument.

(3) The owner of any protected monument may, by written instrument, constitute the Director-General the guardian of the monument, and the Director-General may, with the sanction of the Central Government, accept such guardianship.

(4) When the Director-General 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 to the monument as if the Director- General had not been constituted a guardian thereof.

(5) When the Director-General has accepted the guardianship of a monument under sub-section (3), the provisions of this Act relating to agreements executed under section 6 shall apply to the written agreements executed under the said sub- section.

(6) Nothing in this section shall affect the use of any protected monument for customary religious observances.

Preservation of protected monument by agreement- (1) The Collector, when so directed by the Central Government, shall propose to the owner of a protected monument to enter into an agreement with the Central Government within a specified period for the maintenance the monument.

(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-

|. to use the monument for any purpose,

ll. to charge any fee for entry into, or inspection of, the monument, Ill. to destroy, remove, alter or deface the monument, or

IV. to build on or near the site of the monument; d. the facilities of access to be permitted to the public or any section thereof or to archaeological officers or to persons deputed by the owner or any archaeological officer or the Collector to inspect or maintain the monument; e. the notice to be given to the Central Government in case the land on which the monument is situated or any adjoining land is offered for sale by the owner, and the right to be reserved to the Central Government to purchase such land or any specified portion of such land, at its market value; f. the payment of any expenses incurred by the owner or by the Central Government in connection with the maintenance of the monument; g. the proprietary or other rights which are to vest in the Central Government in respect of the monument when any expenses are incurred by the Central Government in connection with the maintenance of the monument; h. the appointment of an authority to decide any dispute arising out of the agreement, and

i. any matter connected with the maintenance of the monument which is a proper subject of agreement between the owner and the Central Government.

(3) The Central 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 Central Government the expenses, if any, incurred by it on the maintenance of the monument during the five years immediately preceding the termination of the agreement or, 1f the agreement has been in force for a shorter period, during the period the agreement was in force.

(4) An agreement under this section shall be binding on any person claiming to be the 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. Owners under disability or not in possession-(1) If the owner of a 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 the case of village property, the headman or other village-officer exercising powers of management over such property may exercise the powers conferred upon an owner by section 6.

(3) Nothing in this 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 which or any part of which 1s periodically used for the religious worship or observances of that religion. Application of endowment to repair a protected monument- (1) If any owner or other person competent to enter into an agreement under section 6 for the maintenance of a protected monument refuses or fails to enter into such an agreement, and if any endowment has been created for the purpose of keeping such monument in repair or for that purpose among others, the Central Government may institute a suit in the Court of the District Judge, or if the estimated cost of repairing the monument does not exceed one thousand rupees, may make an application to 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 District Judge may summon and examine the owner and any person whose evidence appears to him necessary and may pass an order for the proper application of the endowment or of any part thereof, and any such order may be executed as if it were a decree of a Civil Court.

Failure or refusal to enter into an agreement- (1) If any owner or other person competent to enter into an agreement under section 6 for the maintenance of a protected monument refuses or fails to enter into such an agreement, the Central 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 or such other person and on every person claiming title to the monument from, through or under, the owner or such other person.

(2) Where an order made under 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 to the Central Government.

(3) No order under sub-section (1) shall be made unless the 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 under section 6-

(1) If the Director-General apprehends that the owner or occupier of a protected monument intends, remove, alter, deface, imperil or misuse the monument or to build

on or near the to destroy site thereof in contravention of the terms of an agreement under section 6, the Director-General may, after giving the owner or occupier an opportunity of making a representation in writing, make an order prohibiting any such contravention of the Agreement:

Provided that no such opportunity may be given in any case where the Director- General, for reasons to be recorded, is satisfied that it is not expedient or practicable to do so.

(2) Any person aggrieved by an order under this section may appeal to the Central Government within such time and in such manner as may be prescribed and the decision of the Central Government shall be final.

11. Enforcement of agreement- (1) 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 such reasonable time as the Director-General may fix, to do any act which in the opinion of the Director-General is necessary for the maintenance of the monument, the Director-General may authorise any person to do 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 Central Government whose decision shall be final.

12. Purchasers at certain sales and persons claiming through owner bound by instrument executed by owner- Every person who purchases, at a sale for arrears of land revenue or any other public demand, any land on which 1s situated a monument in respect of which any instrument has been executed by the owner for the time being under section 5 or section 6, and every person claiming any title to a monument from, through or under, an owner who executed any such instrument, shall be bound by such instrument.

13. Acquisition of protected monuments- If the Central Government apprehends that a protected monument is in danger of being destroyed, injured, misused, or allowed to fall into decay, 1t may acquire the protected monument under the provisions of the Land Acquisition Act, 1894, as if the maintenance of the protected monument were a public purpose within the meaning of that Act.

14. Maintenance of certain protected monuments- (1) The Central Government shall maintain every monument which has been acquired under section 13 or in respect of which any of the rights mentioned in section 5 have been acquired.

(2) When the Director-General has assumed the guardianship of a monument under section 5, he shall, for the purpose of maintaining such monument, have access to the monument at all reasonable times, by himself and by his agents, subordinate and workmen, for the purpose of inspecting the monument and for the purpose of bringing such materials and doing such acts as he may consider necessary or desirable for the maintenance thereof.

15. Voluntary contributions- The Director-General may receive voluntary contributions towards the costs of maintaining a protected monument and may give orders as to the management 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.

16. Protection of place of worship from misuse, pollution or desecration- (1) A protect monument maintained by the Central Government under this Act which is a place of worship or shrine shall not be used for any purpose inconsistent with its character.

(2) Where the Central Government has acquired a protected monument under section 13, or where the Director-General has purchased, or taken a lease or accepted a gift or bequest or assumed guardianship of a protected monument under section 5 and such monument or any part thereof is used for religious worship or observances by any community, the Collector shall make due provision for the protection of such monument or part thereof, from pollution or desecration-

(b) by taking such other action as he may think necessary in this behalf.

17. Relinquishment of Government rights in a monument- With the sanction of the Central Government, the Director-General may-

(a) where rights have been acquired by the Director-General in respect of any monument under this Act by virtue of any sale, 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 if such rights had not been acquire; or

(b) relinquish any guardianship of a monument which he has assumed under this Act.

18. Rights of access to protected monument- Subject to any rules made under this Act, the public shall have a right of access to any protected monument. Protected Areas

19. Restrictions on enjoyment of property rights in protected areas- (1) No person, including the owner or occupier of a protected area, shall construct any building within the protected area or carry on any mining, quarrying, excavating blasting or any operation of a like nature in such area, or utilise such area or any part thereof in any other manner without the permission of the Central Government:

Provided that nothing in this sub section shall be deemed to prohibit the use of such any area or part thereof for purposes of cultivation if such cultivation does not involve, the digging of not more than one foot of soil from the surface.

(2) The Central Government may, by order, direct that any building constructed by any person within a protected area in contravention of the provisions of sub- section.

(3) shall be removed within a specified period and, if the person refuses or fails to comply with the order, the Collector may cause the building to be removed and the person shall be liable to pay the cost of such removal.

20. Power to acquire a protected area- If the Central Government is of opinion that value protected area contains an ancient monument or antiquities of national interest and value, if may acquire such area under the provisions of the Land Acquisition Act, 1894 as if acquisition were for a public purpose within the meaning of that Act.

21. Archaeological Excavations- An archaeological officer or an officer authorized by him in this behalf or any person holding a licensee granted in this behalf under this Act (hereinafter referred to as the licensee) may, after giving notice in writing to the Collector and the owner, enter upon and make excavations in any protected area.

22. Excavations in areas other than protected areas- Where an archaeological officer has reason to believe that any area not being a protected area contains ruins or relics of historical or archaeological importance, he or an officer authorized by him in this behalf may after giving notice in writing to the Collector and the owner enter upon and make excavations 1n the area.

23. Compulsory purchase of antiquities, etc., discovered during excavation operations- (1) Where as a result of any excavation made in any area under section 21 or section 22 any antiquities are discovered the archaeological officer or the licensee, as the case may be shall-

(a) as soon as practicable, examine such antiquities and submit a report to the Central Government in such manner and containing such particulars as may be prescribed,

(b) at the conclusion of the excavation operation, give notice in writing to the owner of the land from which such antiquities have been discovered of the nature of such antiquities.

(2) Until an order for the "Compulsory acquisition of any such antiquities 1s made under Sub-section (3) the archaeological officer or the licensee, as the case may be, shall keep themin such safe custody as he may deem fit.

(3) On receipt of a report under sub-section (1) the central Government may make an order for the compulsory acquisition of any such antiquities.

(4) When an order for the compulsory acquisition of any antiquities 1s made under sub- section (3), such antiquities shall vest in the Central Government with effect from the date of the order.

24. Excavations, etc., for archaeological purposes- No State Government shall undertake or authorise any person to undertake any excavation or other, like operation for archaeological purposes 1n any area which 1s not a protected area with the previous approval of the Central Government and in accordance with such rules or directions, if any, as the Central Government may make or give in this behalf. Protection of Antiquities

25. Power of Central Government to control moving of antiquities- (1) If the Central Government, considers that any antiquities of class or antiquities ought not to be

moved from the place where they are without the sanction of the Central Government the Central Government may by notification 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 Director-General.

(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 Central Government whose decision shall be final.

26. Purchase of antiquities by Central Government- (1) If the Central Government apprehends that any antiquity mentioned in a notification issued under sub-section (1) of section 25 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 Central Government may make an order for the compulsory acquisition of such antiquity and the Collector shall thereupon give notice to the owner of the antiquity to be acquired.

(2) Where a notice of (compulsory acquisition) is issued under sub-section (1) in respect of any antiquity such antiquity shall vest in the Central Government with effect from the date of the notice.

(3) The power of compulsory acquisition given by this section shall not extend to any image or symbol actually used for bona-fide religious observances. Principles of Compensation

27. 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 of any entry on or excavations in such land or the exercise of any other power conferred by this Act shall be paid compensation by the Central Government for such loss, damage or diminution of profits.

28. Assessment of market value or compensation- (1) The market value of any property which the Central Government 1s empowered to purchase at such value under this Act. or the compensation to be paid by the Central "Government 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 provided in sections 3, 5, 8 to 34, 45 to 47, 51 and 52 of the Land Acquisition Act, 1894 (1 of 1894), so far as they can be made applicable:

Provided that, when making an enquiry under the said Land Acquisition Act, the Collector shall be assisted by two assessors, one of whom shall be a competent person nominated by the Central Government and one a person nominated by the owner, or, in case the owner fails to nominate an assessor within such reasonable time as may be fixed by the Collector in this behalf, by the Collector.

(2) For every antiquity in respect of which an order for compulsory acquisition has been made under sub-section (3) of section 23 or under sub-section (1) of section 26, there shall be paid compensation and the provisions of sections 20 and 22 of the Antiquities and Art Treasures Act, 1972 (52 of 1972) shall, so far as may be,

apply in relation to the determination and payment of such compensation as they apply in relation to the determination and payment of compensation for any antiquity or art treasure compulsorily acquired under section 19 of that Act. Miscellaneous

29 . The Central 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, be exercisable also by-

a. such officer or authority subordinate to the Central Government, or b. such State Government or such officer or authority subordinate to the State Government,

as may be specified in the direction.

30. (1) Whoever-

(1) destroys, removes, injures, alters, defaces, imperils or misuses a protected monument, or

(u) being the owner or occupier of a protected monument, contravenes an order made under

sub-section (1) of section 9 or under sub-section (1) of section 10, or

(11) removes from a protected monument any sculpture carving, image, bas- relief, inscription, or other like object, or

(tv) does any act in contravention of sub-section (1) of section 19, shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five thousand rupees, or with both.

(2) Any person who moves any antiquity in contravention of a notification issued under sub-section (1) of section 25 shall be punishable with fine which may extend to five thousand rupees; and the court convicting a person of any such contravention may by order direct such person to restore the antiquity to the place from which it was moved.

31. Jurisdiction to try offences- No court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence under this Act.

32. Certain offences to be cognizable- Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), an offence under clause (1) or clause (111) of sub-section (1) of section 30, shall be deemed to be a cognizable offence within the meaning of that Code.

33. Special provision regarding fine- Notwithstanding anything contained 1n section 32 of the Code of Criminal Procedure, 1898 (5 of 1898), it shall be lawful for any magistrate of the first class specially empowered by the State Government 1n this behalf and for any presidency magistrate to pass a sentence of fine exceeding two thousand rupees on any person convicted of an offence which under this Act is punishable with fine exceeding two thousand rupees.

34. Recovery of amounts due to the Government- Any amount due to the Government from any person under this Act may, on a certificate issued by the Director-General or an archaeological officer authorised by him in this behalf be recovered in the same manner as an arrear of land revenue.

35. Ancient monuments, etc., which have ceased to be of national importance- If the Central Government is of opinion that any ancient and historical monument or archaeological site and remains declared to be of national importance by or under this Act has ceased to be of national importance, it may, by notification in the Official Gazette, declare that the ancient and historical monument or archaeological site and remains, as the case may be, has ceased to be of national importance for the purposes of this Act.

36. Power to correct mistakes, etc.- Any clerical mistake, patent error or error arising from accidental slip or omission in the description of any ancient monument or archaeological site and remains declared to be of national importance by or under this Act may, at any time, be corrected by the Central Government by notification 1n the Official Gazette.

37. Protection of action taken under the Act- No suit for compensation and no criminal proceeding shall lie against any public servant 1n respect of any act done or in good faith intended to be done in the exercise of any power conferred by this Act.

38. Power to make rule- (1) The Central Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the prohibition or regulation by licensing or otherwise of mining, quarrying, excavating blasting or any operation of a like nature near a protected monument or the construction of buildings on land adjoining such monument and the removal of unauthorised buildings;

(b) the grant of licenses and permissions to make excavations for archaeological purposes 1n protected areas, the authorities by whom, and the restrictions and conditions subject to which, such licenses may be granted, the taking of securities from licensees and the fees that may be charged for such licensees;

(d) the form and contents of the report of an archaeological officer or a licensee under clause (a) of sub-section (1) of section 23;

(e) the form in which applications for permission under section 19 or section 25 may be made and the particulars which they should contain;

(f) the form and manner of preferring appeals under this Act and the time within which they may be preferred;

(g) the manner of service of any order or notice under this Act;

(h) the manner in which excavations and other like operations for archaeological purposes may be carried on;

(1) any other matter which 1s to be or may be prescribed.

(3) Any rule made under this section may provide that a breach thereof shall be punishable-

(i) in the case of a rule made with reference to clause (a) of sub-section (2), with imprisonment which may extend to three months, or with fine which may extend to five thousand rupees, or with both;

(1) 1n the case of a rule made with reference to clause (b) of sub-section (2), with fine which may extend to five thousand rupees;

(i) in the case of a rule made with reference to clause (c) of sub-section (2), with fine which may extend to five hundred rupees.

(4) All rules made under this section shall be laid for not less than thirty days before each House of Parliament as soon as possible after they are made and shall be subject to such modifications as Parliament may make during the session in which they are so laid or the session immediately following.

39. Repeals and savings- (1) The Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 195land section 126 of the States Reorganisation Act, 1956 (37 of 1956), are hereby repealed.

(2) The Ancient Monuments Preservation Act, 1904 shall cease to have effect in relation to ancient and historical monuments and archaeological sites and remains declared by or under this Act to be of national importance, except as respects things done or omitted to be done before the commencement of this Act.

THE GAZETTE OF INDIA

EXTRAORDINARY

PART II-SECTION 3 — SUB-SECTION (ii)

PUBLISHED BY AUTHORITY

NEW DELHI, THURSDAY, OCTOBER 15, 1959/ASVINA 23, 1881

MINISTRY OF SCIENTIFIC RESEARCH AND CULTURAL AFFAIRS

NOTIFICATIONS

NEW DELHI, THE 15TH OCTOBER, 1959

S.0. 2306- In exercise of the powers conferred by section 38 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), the Central Government hereby makes the following rules, the same having been previously published in the Gazette of India, Part II-Section 3- Sub-Section (ii), dated the 8th August, 1959, as required by sub-section (1) of the said section.

ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS RULES 1959

CHAPTER |

PRELIMINARY 1

1. Short title, date and commencement: (1) These rules may be called the Ancient Monuments and Archaeological Sites and Remains Rules, 1959.

(2) They extend to the whole of India, but rules 24, 25, 27, 28, 29 and 30 shall not apply to the State of Jammu and Kashmir.

(3) They shall come into force on the 15th day of October, 1959.

2. Definitions- In these rules, unless the context otherwise requires- (a)"construction" means the construction of any structure and includes additions to or alterations of an existing building;

(b)"copying", together with its grammatical variations and cognate expressions, means the preparation of copies by drawing or by photography or by mould or by squeezing and includes the preparation of a cinematographic film with the aid ofa hand-camera which is capable of taking films of not more than eight millimeters and which does not require the use of a stand or involve any special previous arrangement;

(c)"filming", together with its grammatical variations and cognate expressions, means the preparation of a cinematographic film 1 [including video film] with the aid of a camera which 1s capable of taking films of more than eight millimeters and which requires the use of a stand or involves other special previous arrangements;

(d) "form" means a form set out in the Third Schedule;

(e)"mining operation" means any operation for the purpose of searching for or obtaining minerals and includes quarrying, excavating, blasting and any operation of a like nature;

(f) "prohibited area" or "regulated area" means an area near or adjoining a protected monument which the Central Government has, by notification in the Official Gazette, declared to be a prohibited area, or, as the case may be, a regulated area, for purposes of mining operation or construction or both;

(g) "Schedule" means a Schedule to these rules; and (h)"section" means a section of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958).

CHAPTER II

ACCESS TO PROTECTED MONUMENTS

Monuments governed by agreement- (1) Access to protected monuments in respect of which an agreement has been entered into between the owner and the Central Government under section 6, or 1n respect of which an order has been made by that Government under section 9, shall be governed by the provisions of the agreement or, as the case may be, the order; and nothing in rules 4, 5, 6 or 7 shall be construed as affecting any such agreement or order.

(2) A copy of the relevant provisions of every such agreement or order shall be exhibited in a conspicuous part of the monument concerned. Parts of monuments not open- The Director-General may, by order, direct that 2 [any protected monument or any specified part thereof] shall not be open, permanently or for a specified period, to any person other than an archaeological officer, his agents, subordinates and workmen and any other Government servant on duty at such part. Monuments when kept open- (1) The protected monument specified in the First Schedule shall remain open during the hours specified against them in that schedule; protected monuments which are not so specified and to which neither rule 3 nor rule 4 applied shall remain open from sunrise to sunset:

Provided that an archaeological officer by notice to be exhibited in a conspicuous part of a protected monument, direct that a protected monument or part thereof shall be closed temporarily for such period as may be specified by the notice.

(2) Nothing in this rule or in rule 6 shall apply to an archaeological officer, his agents, subordinates and workmen or to any other Government servant on duty at a protected monument.

Entrance Fee- No person above the age of fifteen years shall enter any protected monument or part thereof specified in the Second Schedule except on payment of a fee of twenty naye paise:

Provided that the Director-General may, by order, direct that, on such occasions and for such periods as may be specified in the order, no fee shall be charged for entry in to a protected monument or part thereof.

Holding of meetings, etc., in monuments- (1) No protected monument shall be used for the purpose of holding any meeting, reception, party, conference or entertainment

except under and in accordance with a permission in writing granted by the Central Government.

(2)Nothing in sub-rule (1) shall apply to any meeting, reception, party, conference or entertainment, which is held in pursuance of a recognized religious usage or custom.

8. Prohibition of certain acts within monuments- No person shall, within a protected monument-

(a) do any act which causes or 1s likely to cause damage or injury to any part of the monument; or

(b) discharge any fire-arms; or

(d) hawk or sell any goods or wares or canvas any custom for such goods or wares or display any advertisement in any form or show a visitor round for monetary consideration, except under the authority of, or under, and in accordance with the conditions of, a license granted by an archaeological officer

(e) beg for alms; or

(f) violate any practice, usage or custom applicable to or observed in the monument; or

(g) bring, for any purpose other than the maintenance of the monument,

(i) any animal, or

(11) any vehicle except 1n areas reserved for the parking thereof.

9. Penalty- Whoever—

(i) unlawfully enters any protected monument or part thereof at a time when, under these rules, it is not to be kept open, or

(ii) unlawfully enters any protected monument in respect of which an order has been made under rule 4 or rule 5, or

(iii) contravenes of any of the provisions of rule 6 or rule 7 or rule 8, shall be punishable with fine which may be extended to five hundred rupees.

CHAPTER III

CONSTRUCTION AND OTHER OPERATIONS IN PROTECTED AREAS

10. Permission required for construction, etc- (1) No person shall undertake any construction or mining operation within a protected area except under and in accordance with a permission granted in this behalf by the Central Government.

(2) Every application for permission under sub-rule (1) shall be made to the Central Government in Form-I at least three months before the date of commencement of the construction or operation.

11. License required for excavation- No person other than an archaeological officer or an officer authorised by him in this behalf shall undertake any excavation for archaeological purposes in any protected area except under and in accordance with the terms and conditions of a license granted under rule 13.

12. Application for license- Every application for a license shall be in Form-II and be made to the Director-General at least three months before the proposed date of the commencement of the excavation operations.

13. Grant or refusal of license- (1) On receipt of an application under rule 12, the Director-General may grant a license in Form-III if he is satisfied that, having regard to the status of the applicant, the competence of the director of excavation operations, the adequacy of the staff to be employed and other relevant factors, the license may be granted to the applicant:

Provided that no license shall be granted unless the applicant has furnished security of such amount not exceeding rupees ten thousand as the Director-General may, having regard to the circumstances of each case, require.

(2) The Director-General, by order, may, for reasons to be recorded in writing, refuse to grant a license in any particular case.

14. Period of license- Every license shall be in force for such period not exceeding three years as may be specified in the license: Provided that the Director-General may, on application made to him at least one month before the expiry of a license, extend its period by one year at a time so that the aggregate period does not exceed five years.

15. Cancellation of license- The Director-General may, by order, cancel a license granted under rule 13 if he is satisfied that the conduct of the excavation operations has not been satisfactory or 1n accordance with the conditions of the license, or if any further security demanded under rule 18 has not been deposited within the specified time:

Provided that no license shall be cancelled unless the licensee has been given an opportunity to make his objections.

16. Conditions of license- Every license shall be subject to the following conditions, namely:

(a) the license shall not be transferable;

(b) the licensee shall give to the Director-General, the Collector and the owner of the land to be excavated at least fifteen days' notice in writing of the commencement of the excavation operations;

(c) the licensee shall produce the license before the District Magistrate or the District Superintendent of Police concerned or an archaeological officer, if so required;

(d) the excavation operations shall be conducted under the supervision of the director named 1n the license who shall be present at the excavation operations for at least three-fourths of the period of the operations;

(e) the licensee shall not, without the permission of the Director-General, dismantle or disturb any structures found during the excavation operations and shall make adequate arrangements for the safety of such structures and of the excavated antiquities till they are taken charge of by the Director-General;

(f) The licensee shall not subject any antiquities recovered during the excavation operations to any chemical or electrolytic process of cleaning without the written permission of the Director-General;

(g) An archaeological officer or his representative may inspect the excavation operations or any antiquities recovered during the operations and make notes on or copy or film the excavated structures and antiquities;

(h) The licensee shall not discontinue the excavation operations unless he has given at least fifteen days' notice in writing to the Director-General;

(1) At the conclusion of the excavation operations, the licensee shall give notice in writing to the owner of the land specifying the nature of the antiquities, if any, recovered during the operations;

(j) The licensee shall, within three months of the completion of the excavation operations, submit to the Director General a summary report of the results of the excavation, and where the operations are carried on for a period of more than three months such report shall be submitted every quarter, and it shall be open to the Director-General to publish the report 1n his reports or reviews; and

(k) The licensee shall as soon as practicable submit a report in Form IV to the Central Government through the Director General on the antiquities recovered during the excavation operations.

17. Recovery from security- The Director-General may, by order, direct the deduction, from the security furnished by a licensee under rule 13, of

(a) the value of any antiquities recovered during the excavation operations and lost or destroyed while in the custody of the licensee; and

(b) any compensation payable by the Central Government under section 27 to the owner or occupier of the land excavated by the licensee.

18. Demand of further security- Where during the currency of a license, any amount has been recovered under rule 17, the Director-General may require the licensee, within such time as he may specify, to deposit such further sum as security as is equivalent to the amount so recovered.

19. Appeal- Any person aggrieved by an order of the Director-General under rule 13 or rule 15 or rule 17 may prefer an appeal to the Central Government; and the decision of that Government on such appeal shall be final.

20. Return of security- On expiration or earlier cancellation of a license, the security deposited by the licensee or the balance thereof remaining after deduction of any amount under rule 17 shall be returned to him.

21 . Publication of the result of excavation- Save as otherwise provided in rule 16, the Director-General shall not, without the consent of the licensee, publish the results of the excavation unless the licensee has failed to publish the results within the period specified by the Director-General 1n this behalf.

22. Retention of antiquities by licensee- The Central Government may, by order, subject to such terms and conditions as may be specified, permit the licensee to retain such of the antiquities recovered during the excavation operations as may be specified therein:Provided that human relics of historical importance and antiquities, which, in the opinion of the Central Government, are of national importance, shall not be permitted to be retained by the licensee.

23. Penalty- Whoever-

(i) unlawfully undertakes any excavation for archaeological purposes in any protected area, or

(ii) contravenes any of the conditions of a license, shall be punishable with fine which may extend to five thousand rupees.

CHAPTER IV

EXCAVATION IN UNPROTECTED AREAS

24. Intimation to the Central Government- Every State Government intending to undertake or authorize any person to undertake any archaeological excavation or other like operation in any area which 1s not a protected area shall intimate its intention to the Central Government at least three months prior to the proposed date of the commencement of the excavation or operation specifying the following details, namely-

(i) name, location and other details of the site;

(ii) nature of antiquities previously found;

(iii) details of previous explorations, if any;

(iv) purpose of the excavation or operation;

(v) proposed extent of the excavation or operation (a plan of the site in triplicate showing in red outline the extent of the proposed excavation or operation should be attached);

(vi) proposed duration of the excavation or operation;

(vii) amount of the proposed expenditure on the excavation or operation; and

(viii) name and status of the director of the excavation or operation.

25. Approval by the Central Government-After considering the proposal, the Central Government may either approve it or advise the State Government to modify it or to abandon it altogether.

26. Deputation of an archaeological officer- The Central Government may depute an archaeological officer to inspect the excavation or operation while it is in progress and render such advise as he deems necessary.

CHAPTER V

REPORT ON EXCAVATED ANTIQUTIES BY AN ARCHAEOLOGICLA

OFFICER

27. Form of report by an archaeological officer- Where, as a result of an excavation made by an archaeological officer in any area under section 21 or 22 any antiquities are 8 discovered, the archaeological officer shall, as soon as practicable, submit a report in Form V to the Central Government through the Director-General on the antiquities recovered during the excavation

CHAPTER VI

MOVING OF ANTIQUITIES FROM CERTAIN AREAS

28. Application for moving antiquities- Every application for permission to move any antiquities or any class of antiquities in respect of which a notification has been issued under sub-section (1) of section 25 shall be made in Form-VI to the Director-General at least three months before the proposed date of the moving.

29. Grant of refusal of permission- On receipt of an application under rule 28, the Director-General may, after making such enquiry as he may deem necessary, grant permission for the moving of all or any of the antiquities or, for reasons to be recorded, refuse such permission.

30. Appeal- Any person aggrieved by an order of the Director General under rule 29 may prefer an appeal to the Central Government; and the decision of that Government on such appeal shall be final.

CHAPTER VII

MINING OPERATION AND CONSTRUCTION NEAR PROTECTED

MONUMENTS

31. Notice of intention to declare a prohibited or regulated area- (1) Before declaring an area near or adjoining a protected monument to be a prohibited area or a regulated area for purposes of mining operation or construction or both, the Central Government shall, by notification in the Official Gazette, give one month's notice of its intention to do so; and a copy of such notification shall be affixed in a conspicuous place near the area.

(2) Every such notification shall specify the limits of the area which is to be so declared and shall also call for objections, if any, from interested persons.

32. Declaration of prohibited or regulated area- After the expiry of one month from the date of the notification under rule 31 and after considering the objections, if any, received within the said period, the Central Government may declare, by notification in the Official Gazette, the area specified 1n the notification under rule 31, or any part of such area, to be a prohibited area, or, as the case maybe, a regulated area for purposes of mining operation or construction or both.

33. Effect of declaration of prohibited or regulated area- No person other than an archaeological officer shall undertake any mining operation or any construction-

(a) in a prohibited area, or

(b) in a regulated area, except under and 1n accordance with the terms and conditions of a license granted by the Director-General.

34. Application for license- Every person intending to undertake any mining operation or any construction in a regulated area shall apply to the Director-General in Form VII at least three months before the date of commencement of such operation or construction.

35. Grant or refusal of license- (1) On receipt of an application under rule 34, the Director General may grant a license or, if he is satisfied that the license asked for should not be granted, may, for reasons to be recorded, refuse to grant a license.

(2) Every license granted under sub-rule (1) shall be in Form VIII and be subject to the following conditions, namely:-

(a) the license shall not be transferable;

(b) it shall be valid for the period specified therein; and

(c) any other condition relating to the manner of carrying out the mining operation or the construction which the Director-General may specify in the

license for ensuring the safety and appearance of, and the maintenance of the approach and access to, the protected monument.

36. Cancellation of license- The Director-General may, by order, cancel a license granted under rule 35 if he is satisfied that any of its conditions has been violated: Provided that no license shall be cancelled unless the licensee has been given an opportunity to make his objections.

37. Appeal- Any person aggrieved by an order of the Director-General made under rule 35 or rule 36 may prefer an appeal to the Central Government; and the decision of that Government on such appeal shall be final.

38. Removal of unauthorized buildings- (1) The Central Government may, by order, direct the owner or occupier of an unauthorized building in a prohibited area or ina regulated area or of a building or part thereof which has been constructed in contravention of any of the conditions of a license granted under rule 35 to remove such building or part thereof within a period specified in that order.

(2) Ifthe owner or occupier refuses or fails to comply with an order made under sub- rule (1), the Central Government may direct the District Magistrate to cause the building or part thereof to be removed, and the owner or occupier shall be liable to pay the cost of such removal.

39. Penalty- Whoever—

(i) unlawfully undertakes any mining operation or construction in a prohibited area or in a regulated area, or

(ii) contravenes any of the conditions of a license, or

(iii) fails or refuses to comply with an order made under sub-rule (1) of rule 38, shall be punishable with imprisonment, which may extend to three months or with fine which may extend to five thousand rupees or with both.

CHAPTER VIII

COPYING AND FILMING OF PROTECTED MONUMENTS

40. Permission required for copying certain monuments- The Director-General may, by order, direct that no person other than an archaeological officer or an officer authorized by an archaeological officer in this behalf shall copy any specified monument or part thereof except under and in accordance with the terms and conditions of a permission in writing by an archaeological officer.

41. Conditions of copying other monuments- (1) Any person may copy a protected monument in respect of which no order under rule 40 has been made.

(2) Nothing in sub-rule (1) shall be construed as authorizing any person other than an archaeological officer or an officer authorised by him in this behalf, while copying any such monument, to-

(a) bring into or use within the precincts of such monument a camera-stand, stool, chair, table, large drawing-board, easel or any such appliance, or

(b) erect any scaffolding within such precincts, or (c)use within such precincts any artificial light other than a flash-light synchronised with the exposure of a camera, or

(d)apply any extraneous matter, such as water, oil, grease or any moulding material, on such monument or part thereof, or

(e) prepare a direct tracing or mould or squeeze of such monument or part thereof, except under and 1n accordance with the terms and conditions of a permission in writing granted by an archaeological officer.

42. License required for filming- No person other than an archaeological officer or an officer authorised by him in this behalf shall undertake any filming operation at a protected monument or part thereof except under and 1n accordance with the terms and conditions of a license granted under rule 44.

43. Application for license- Every person intending to undertake any filming operation at a protected monument shall apply to the Director-General in Form IX at least three months before the proposed date of the commencement of such operation.

44. Grant or refusal of license- (1) On receipt of an application under rule 43, the Director General may grant a license or, if he is satisfied that the license asked for should not be granted, may, for reasons to be recorded, refuse to grant a license:

Provided that the Director General shall not grant any license to film the interior of any protected monument, that is to say such part of any protected monument as is covered by a roof of any description, except when the film is for the purpose of education or of publicising the monument.

(2)Every license granted under sub-rule (1) shall be in Form X and be subject to the following conditions, namely:-

(a) the license shall not be transferable and shall be valid for the period specified therein;

(b) nothing shall be done by the licensee or any member of his party which has, or may have, the effect of exposing any part of the monument or attached lawn or garden to the risk of damage;

(c) the filming operation shall be restricted to that part of the monument 1n respect of which the license has been granted;

(d) no extraneous matter, such as water, oil, grease or the like, shall be applied on any part of the monument;

(e) the generating plant for electric power, wherever required, shall be placed away from the monument or the attached lawn or garden;

(f) the filming operation shall not obstruct or hamper the movement of persons who may lawfully be within the precincts of the monuments and

(g) any other condition which the Director-General may specify in the license.

45. Cancellation of license- The Director-General, by order, may, after giving notice to the license, cancel a license granted under rule 44 if he is satisfied that any of its conditions has been violated.

46. Appeal- Any person aggrieved by an order of the Director-General made under rule 44 or rule 45 may prefer an appeal to the Central Government; and the decision of that Government on such appeal shall be final.

47. Certain rules not affected- Nothing in rule 41 and no provision of a permission granted under rule 40 or of a license granted under rule 44 shall affect the operation of rules 3, 4, 5, 6, 7, 8 and 9.

48. Penalty- Whoever copies or films any protected monument or does any other act in contravention of any provision of this chapter or of any permission or license granted thereunder shall be punishable with fine which may extend to five hundred rupees.

CHPATER IX

MISCELLANEOUS

49. Manner of preferring an appeal- (1) Every appeal to the Central Government under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, or under these rules shall be in writing and shall be preferred within one month of the date of receipt of the order appealed against.

(2) Every such appeal shall be accompanied by a copy of the order appealed against.

50. Service of orders and notices- Every order or notice made or issued under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, or these rules shall—

(a) in the case of any order or notice of a general nature or affecting a class of persons, be published in the Official Gazette; and

(b) in the case of any order or notice affecting a corporation or firm, be served 1n the manner provided for the service of summons 1n rule 2 of order XXIX or rule 3 of order XXX, as the case may be, in the First Schedule to the Code of Civil Procedure, 1908; and

(1) by delivering or tendering it to the person concerned, or

(11) 1f it cannot be so delivered or tendered, by delivering or tendering it to any adult male member of the family of such person or by affixing a copy thereof on the outer door or some conspicuous part of the premises in which that person is known to have last resided or carried on business or personally worked for gain, or

(11) by sending it by registered post, acknowledgement due.

Indian Treasure Trove Act, 1878

(ACT NO. VI OF 1878)

(12th February 1878) An Act to amend the law relating to Treasure Trove (As modified upto the 1st September, 1949) Whereas it 1s expedient to amend the law relating to treasure-trove. It is hereby enacted as follows: -

Preliminary

1. Short title- This Act may be called the Indian Treasure Trove Act, 1878. Extent- It extends to all the provinces of India.

2. Repeal of enactments. Rep. By the amending Act, 1891 (XII of 1891)

3. Interpretation Clause- In this Act-

"Treasure" means anything of any value hidden in the soil, or in anything affixed thereto:

"Collector" means (1) any Revenue-officer in independent charge of a district, and

(2) any officer appointed by the 4 [Provincial Government] to perform the functions of a Collector under this Act. When any person is entitled, under any reservation in an instrument of transfer of any land or thing affixed thereto, to treasure in such land or thing, he shall, for the purposes of this Act, be deemed to be the owner of such land or thing.

Procedure on finding Treasure

4. Notice by finder of treasure- Whenever any treasure exceeding in amount or value ten rupees is found, the finder shall, as soon as practicable, give to the Collector notice in writing-

(a) ofthe nature and amount or approximate value of such treasure;

(b) ofthe place in which it was found;

(c) of the date of the finding, and either deposit the treasure in the nearest Government Treasury, or give the Collector such security as the Collector thinks fit, to produce the treasure at such time and place as be may from time to time require.

5. Notification requiring claimants to appear- On receiving a notice under section 4, the Collector shall, after making such enquiry (if any) as he thinks fit, to take the following steps (namely):- a) he shall publish a notification in such manner as the | [Provincial Government] from time to time prescribes in this behalf, to the effect that, on a certain date (mentioning it) certain treasure (mentioning its nature; amount and approximate value) was found in a certain place (mentioning it); and requiring all persons claiming the treasure, or any part thereof, to appear personally or by agent before the Collector on a day and at a place therein mentioned, such day not being earlier than four months, or

later than six months, after the date of the publication of such notification; b) when the place in which the treasure appears to the Collector to have been found was at the date of the finding in the possession of some person other than the finder, the Collector shall also serve on such person a special notice in writing to the same effect. Forfeiture of right on failure to appear- Any person having any right to such treasure or any part thereof, as owner of the place in which it was found or otherwise, and not appearing as required by the notification issued under section 5, shall forfeit such right. Matters to be enquired into and determined by the Collector- On the day notified under section 5, the Collector shall cause the treasure to be produced before him, and shall enquire as to and determine-

(a) the person by whom, the place in which, and the circumstances under which, such treasure was found; and

(b) as far as is possible, the person by whom, and the circumstances under which, such treasure was hidden.

Time to be allowed for suit by person claiming the treasure- If, upon an enquiry made under section 7, the Collector sees reason to believe that the treasure was hidden, within one hundred years before the date of the finding, by a person appearing as required by the said notification and claiming such treasure, or by some other person under whom such person claims, the Collector shall make an order adjourning the hearing of the case for such period as he deems sufficient, to allow of a suit being instituted in the Civil Court by the claimant, to establish his right.

When treasure may be declared ownerless- If upon such enquiry the collector sees no reason to believe that the treasure was so hidden; or

If where a period is fixed under section 8 no suit 1s instituted as aforesaid within such period to the knowledge of the Collector; or

If such suit is instituted within such period, and the plaintiffs claim 1s finally rejected; The Collector may declare the treasure to be ownerless.

Appeal against such declaration- Any person aggrieved by a declaration made under this section may appeal against the same within two months from the date thereof to the Chief Controlling Revenue-authority.

subject to such appeal, every such declaration shall be final and conclusive.

10. Proceedings subsequent to declaration- When a declaration has been made in respect of any treasure under section 9, such treasure shall, in accordance with the provisions hereinafter contained, either be delivered to the finder thereof, or be divided between him and the owner of the place in which it has been found in manner hereinafter provided.

11. When no other person claims as owner of place, treasure to be given to finder- When a declaration has been made in respect of any treasure as aforesaid, and no person other than the finder of such treasure has appeared as required by the notification published under section 5 and claimed a share of the treasure as owner of the place in which it has been found, the Collector shall deliver such treasure to the finder thereof.

12. When only one such person claims and his claim is not disputed, treasure to be divided, and shares to be delivered to parties- When a declaration has been made as aforesaid in respect of any treasure, and only one person other than the finder of such treasure has so appeared and claimed, and the claim of such person 1s not disputed by the

finder, the Collector shall proceed to divide the treasure between the finder and the person so claiming according to the following rule (namely):— If the finder and the person so claiming have not entered into any agreement then in force as to the disposal of the treasure, three-fourths of the treasure shall be allotted to such finder and the residue to such person. If which finder and such person have entered into any such agreement, the treasure shall be disposed of in accordance therewith: Provided that the Collector may, in any case, if he thinks fit, instead of dividing any treasure as directed by this section-

(a)allot to either party the whole or more than his share of such treasure, on such party paying to the Collector for the other party such sum of money as the Collector may fix as the equivalent of the share of such other party, or of the excess so allotted, as the case may be; or

(b)sell such treasure or any portion thereof by public auction and divide the sale- proceeds between the parties according to the rule hereinbefore prescribed: Provided also that, when the Collector has by his declaration under section 9 rejected any claim made under this Act by any person other than the said finder or person claiming as owner of the place in which the treasure was found, such division shall not be made until after the expiration of two months without an appeal having been presented under section 9 by the person whose claim has been so rejected, or when an appeal has been so presented, after such appeal has been dismissed. When the Collector has made a division under this section, he shall deliver to the parties the portions of such treasure, or the money in lieu thereof, to which they are respectively entitled under such division.

13. In case of dispute as to ownership, proceeding to be stayed- When a declaration has been made as aforesaid in respect of any treasure and two or more persons have appeared as aforesaid and each of them claimed as owner of the place where such treasure was found, or the right of any person who has so appeared and claimed is disputed by the finder of such treasure, the Collector shall retain such treasure and shall make an order staying his proceedings with a view to the matter being enquired into and determined by a Civil Court.

14. Settlement of such dispute- Any person who has so appeared and claimed may, within one month from the date of such order, institute a suit in the Civil Court to obtain a decree declaring his right; and in every such suit the finder of the treasure and all persons disputing such claim before the Collector shall be made defendants.

15. And division thereupon- If any such suit 1s instituted and the plaintiff's claim 1s finally established therein, the Collector shall, subject to the provisions of section 12, divide the treasure between him and the finder. If no such suit is instituted as aforesaid, or if the claims of the plaintiffs in all such suits are finally rejected, the Collector shall deliver the treasure to the finder.

16. Power to acquire the treasure on behalf of the Government- The Collector, may, at any time after making a declaration under section 9, and before delivering or dividing the treasure as hereinbefore provided, declare by writing under his hand his intention to acquire on behalf of the Government the treasure or any specified portion thereof, by payment to the persons entitled thereto of a sum equal to the value of the materials of

such treasure of portion, together with one-fifth of such value, and may place such sum in deposit in his treasury to the credit of such persons; and thereupon such treasure or portion shall be deemed to the property of the Government, and the money so deposited shall be dealt with, as far as may be, as if 1t were such treasure or portion.

17. Decision of Collector final, and no suit to lie against him for acts done bona fide- No decision passed or act done by the Collector under this Act shall be called in question by any Civil Court, and no suit or other proceeding shall lie against him for anything done in good faith in exercise of the powers hereby conferred.

18. Collector to exercise powers of Civil Court- A Collector making any enquiry under this Act may exercise any power conferred by the Code of Civil Procedurel on a Civil Court for the trial of suits.

19. Power to make rules- The Provincial Government may from time to time, make rules consistent with this Act to regulate proceeding hereunder. Such rules shall, on being published in the Official Gazette, have the force of law. Penalties

20. Penalty on finder failing to give notice, etc.- If the finder of any treasure fails to give the notice or does not either make the deposit or give the security required by section 4, or alters or attempts to alter such treasure so as to conceal its identity the share of such treasure, or the money in lieu thereof to which he would otherwise he entitled, shall vest in Her Majesty.

And he shall, on conviction before a Magistrate be punished with imprisonment for a term, which may extent to one year, or with fine, or with both.

21. Penalty on owner abetting offense under section 20- If the owner of the place in which any treasure is found abets, within the meaning of the Indian Penal Code (Act XLV of 1860), any offense under section 20, the share of such treasure or the money in lieu thereof to which he would otherwise be entitled, shall vest in Her Majesty, and he shall, on conviction before a Magistrate, be punished with imprisonment which may extend to six months, or with fine, or with both.

SCHEDULE

[Repealed by the Amending Act, 1891 (XII of 1891)]

(First published in Rajasthan Rajpatra part IV (G) dated 29.06.1961) HOME 'A' DEPARTMENT

NOTIFICATION

Jaipur, May 20, 1961 No. F.19(2) Home (A-Gr.II)60- In exercise of the powers conferred by section 19 of the Indian Treasure Trove Act, 1878 (VI of 1878) and in supersession of all previous rules on the subject, the Governor is pleased to make the following rules, namely:-

1. These rules may be called the "Rajasthan Treasure Trove Rules, 1961.

2. Definitions- In these rules unless the context otherwise requires- a. "Act" means the Indian Treasure Trove Act. 1878 (VI of 1878). b. "Superintendent"means the superintendent, Department of Archaeology, Government of India within whose jurisdiction the treasure has been found. c. "Section" means a section of Act.

"Government" means the Government of Rajasthan. e. "Treasure Trove Officer" in the State means the Director of Archaeology and Museums, Rajasthan.

3. Collector's Report- On receipt of any notice under section 4 or on receipt of information from any person or other than the finder, that a treasure has been found, the collector shall report the fact to the Government, the Superintendent and the Treasure Trove officer stating as far as the information at his disposal permits:

a. the name of the finder;

b. the nature and details of the treasure;

c. the approximate value of the treasure;

d. the date of the finding of the treasure;

e. the origin and surroundings of the treasure.

4. Publication of Notification- Every notification under section 5 (a) shall be published at the local police station, at the office of the Collector of the district or equivalent officer within whose jurisdiction the treasure was found, and also at some conspicuous spot in the village in which it was found.

5. Report of the Treasure Trove Officer and Superintendent- Within 60 days of the receipt of such information from the Collector, the Treasure Trove Officer and the Superintendent shall report, individually or jointly to the Collector whether the treasure or any part thereof should be acquired by the Government.

6. Acquisition of Treasure- (I) The collector shall before acquiring or making a declaration under section 16 of his intention to acquire on behalf of the Government any treasure or any part thereof, obtain the orders of the Government. (II) If the Government decides to acquire such treasure or any part thereof, whether on the report of the Treasure Trove Officer and Superintendent or otherwise, the Government shall accordingly inform the Collector, who after making the declaration under section 9 and complying with the provisions of the section shall as soon as

possible forward the treasure or any part thereof so acquired either do the Treasure Trove Officer or any other centre which the Government may specify in this behalf. Distribution of Treasure- The Treasure Trove Officer in the event of the Government deciding to acquire the treasure or any part thereof, shall recommend to government distribution among the museums and institutions in the following order of priorities (a) Principal museum of the State in which the Treasure Trove is found and the National Museum. In recommending allocation to the State Museum, the Treasure Trove Officer shall take into consideration that the objects to be given to the State Museum are of the State or regional interest and those to be given to the National Museum are of national importance. (b) Other museums in the State managed by the Government or other public authorities, including Universities in the State. (c) Principal State Museums of other States and the Indian Museum, Calcutta.

d) Other museums of other States and maintained by the State Government or other public authorities including Universities; (e) Other Museums. Sale- The Government after assessing the needs of the museums and institutions mentioned in paragraph 7, may in consultation with the Treasure Trove Officer and the Superintendent, place a part of the treasure required under rule 6 (11) or otherwise for sale to the public after notifying the proposed sale to the public after notifying the proposed sale in such manor as it may deem fit.

Price- The price of the finds notified for sale shall be fixed by the Government after consulting the Treasure Trove Officer and the Superintendent and shall be specified against each item in the notification of the proposed sale and the amount realised by such sale shall be credited to the receipts of the Government.

10. The Treasure Trove Officer shall send a consolidated report of the treasure found during financial year to the Government of India, the Ministry of Education. This report shall include a brief summary of the results of the examination or treasure trove finds during the year under review, and shall also include their classification by their material and roughly by the class to which they belong. The report shall also give a short account of any notable Treasure Trove finds and their distribution during the year.

By order of the Governor,

Z.A. Jhala,

Secretary to Government

List of State Protected Monuments S.No. | Name of the Monument | Place District-Ajmer

1 Akbar's Fort or Magazine or Daulata Khana Ajmer

2 Main Entrance of the Akbar's Fort Ajmer

3 Toda and Digambaron Ki Jain Chhatries Ajmer

4 Chamunda Devi Temple Ajmer

5 Santosh Bavala ki Chhatari Pushkar

6 Gopinath Temple Sarwar

7 Ghantaghar Ajmer

8 Noorchashma Ajmer

9 Toran Stambh, village, Baghera Baghera

10 Shukar Varah, Mandir, village, Baghera Baghera

11 Agra gate Ajmer

12 Usari gate Ajmer

13 Madar gate Ajmer

14 Alwar gate Ajmer

15 Shivling Nand

16 Fort Sarvar

17 Fort Fatahgarh

18 Shiv Mandir Ajaypal

19 Kotwali Gate Ajmer

20 King Edward Memorial Ajmer District-Alwar

21 Alwar Palace Alwar

22 Tripoliya Alwar

23 Fateh Jang Gumbad Alwar

24 Krishna Kunda Alwar

25 Raj Garh Fort Ray Garh

26 Bhartahari Gumbad Tyara

27 Fort Indore

28 Khanzada Ki Kabaren Indore

29 Ancient Palace of Bada Gujar Chief Raj Garh

30 Pathan Kabren Tyara

31 Cenotaph of Moosi Maharani, located in the primises of | Alwar Rajprasad near water tank (Sagar) the main monuments is 89x89 feet, the surrounding area from East to West- 313 feet and North to South-173 feet.³²Bala kila Alwar District-Baran 33 Shiv Temple or Bhand Devara Ramgarh 34 Hindu Mandir Baran 35 Group of Temples Kakuni 36 Fort Ramgarh 37 Temple Bansthuni 38 Fort Nahargarh 39 Old Temple Khandela 40 Maszid Shahabad

4] Badal Mahal Shahabad

42 Fort Shahabad

43 Fort Kelwara

44 Shiv Mandir Noorpur

45 Shiv Mandir Nagada

46 Mandir Badera

47 Mata Ka Mandir Bara Khera

48 Mandir Dhuman

49 Mandir Bichalas

50 Group of Temples Saharod

51 Shakti Sagar Talab Mothpur

52 Cenotaphs of Bamulia Jagidar's Baran

53 Deep Stambh with surrounding 25 meter control area Niyana, Anta

54 Shergarh Ka Kila Atru District-Barmer

55 Kiradu Ke Mandir Hatama

56 Fort Sivana

57 Mata Ka Mandir Bisukala

58 Sun Temple Dewaka

59 Jain Temple Juna-Patarasar District-Bharatpur

60 Kishori mahal's complete premises, kamara khas Bharatpur kachahari kala, kothi khas, Hansarani palace, chaman Bagichi, Hamam and adjoining structure area and open land till boundary of the fort including three wells and gates of mudwall.

1. Mathura gate 2. B. Narain gate

3. Atalbandh gate 4. Anah gate

5. Kumher gate 6. Goverdhan gate

7. Neemda gate 8. Chandpol gate

9. Surajpol gate The mud bastion with canon and platform situated near surajpol gate on North side of mud wall and the surrounding area of 100 Sq. feet of the plateform.

61 Choburza/Gadhi Khemkaran Bharatpur

62 Prachin Prasad Kumbher

63 Jal Mahal Kumbher

64 Kila Deeg 65 Kameshwar Mahadev Ka Mandir Kama⁶⁶Kila Wair 67 Prasad Tatha Vatika Wair 68 Baldevji Ka Mandir Roopwas 69 Mohammad Gauri Ke Senapati Ki Chhatri Nadbai 70 Cenotaphs of Holkar Gangour Soti⁷¹Prachin Prasad Chhatta Deeg 72 Prachin Prasad Kaman 73 Akabar ke Kos Chinha Kaman 74 Akabar ke Kos Chinha Kaman 75 Temple of Surya Satwas

76 Kale Khan Ka Makbara Bayana

77 Chhatri of twelve pillars Bayana

78 Lal Darwaja Kaman

79 Ancient Well Kaman

80 Well of Dharamraj Kaman

81 Cenotaphs in the way of Vijay Mandir Garh Bayana

82 Muslim Kabren and Sahale Khan ki Kabren Sahsan

83 Sri Krishan ke paad and Gau Charan Chinha Khasra No. | Bhudaka, Kama 1 & 198

84 Temple of Kedar Nath (on hill) and a tank (below hill) — | Vilod, Kama khasra No. 892, 987, 988, 887

85 Bhojan Thalian and two Katore Khasra No. 3080, 3078, | Kalawata, Kama

3079

86 Cave of Bhaumasur and Fislan Patti Khasra No. 438 & | Kalawata, Kama 586 paharis & parvat.

District-Bhilwara

87 Battis Khambhon ki Chhatri Mandal

88 Vishnu Temple Ghaud

89 Haveli of Late Shri Kesari Singh Barahath Shahpura

90 Shitla Temple with Sculptures Dhanop

91 Roothi Rani ka Mandir Ghaud

92 Minar (Watch Tower) Mandal

93 Durg Mandalgarh Mandalgarh District-Bikaner

94 Cenotaphs of the early rulers of Bik aner Bikaner

95 The medieval period city wall gates Kotgate, Jassusar Bikaner gate, Nathusar gate, Sheetala gate and Goga gate

96 Devi kund Sagar and Cenotaphs Bikaner

97 Jambha ji or Mokam Temple Mokam

98 Chintamani Jain Temple Mokam

99 Laxmi Narain Mandir Bikaner

100 Mandir Raj Ratan Behari & Rasik Siromani (Ratan Bikaner Behari Park)

101 Kirti Stambha & war Memorial Bikaner

102 Haveli of Sh. Sunil Rampuria Bikaner

103 Haveli of Sh. Surendra Rampuria Bikaner ¹⁰⁴Haveli of Sh. Shikharchand Rampuria Bikaner 105 Haveli of Sh. Manakchand Rampuria Bikaner 106 Haveli of Sh. Ratanlal Rampuria Bikaner 107 Haveli of Sh. Jaichand Rampuria Bikaner108 Haveli of Sh. Moolchand Rampuria Bikaner District-Bundi 109 Ranyi Ke Baori Bundi 110 Shiv Temple Kanwalji 111 Inscription of Hammir Kanwalji 112 Chaurasi Khambo ki Chhatri Bundi 113 Bhavaldi Baori Bundi 114 Mandir Laxmi Narayan Bundi

115 Dhabhayi ka Kund (Jail Kund) Bundi

116 Paintings on Rock Sheltar at Hathidoob site Haulaspura

117 Paintings on Rock Sheltar at Nachala site Haulaspura

118 Paintings on Rock Sheltar at Chhaparia site Haulaspura

119 Paintings on Rock Sheltar at Undim aya site Haulaspura

120 Paintings on Rock Sheltar at Khurd ka Nala site Haulaspura

121 Paintings on Rock Sheltar at Dharawa site Haulaspura

122 Paintings on Rock Sheltar at Kewadia site Haulaspura

123 Paintings on Rock Sheltar at Naldeh site Haulaspura

124 Sukh Mahal Bundi city District-Banswara

125 | Dwarikadhish Temple | Talwara District-Chittorgarh

126 Bridge Situated at Gambhiri river Chittorgarh

127 Deep Stambh with surrounding 50 meter control area Nagari District-Churu

128 Sethani ka Jhohada Churu

129 Cenotaph of Anand Singh Taranagar

130 Minaryukt Koop Bootia

131 Sahava ka Talab Sahava, Taranagar

District-Dholpur

132 Much Kund Dholpur

133 Kund and Shiv Temple Dholpur

134 Jarjarina Kabren and Masjid Dholpur

135 Ancient Baori Dholpur

136 Bhuteshwar Mahadev Baseri

137 Talab Shahi Bari

138 Place and Temple, Purani Chhavani Dholpur

139 Remains Architectural opposite Chopra Mahadev Damapur temple

District-Dausa

140 Bhandarej ki Baori Baswa District-Hanuman Garh

141 Cenotaph, Raisinghpura Nohar District-Jaipur 142 Albert Hall, Ram Niwas Bagh Jaipur 143 Jyotish Yantralaya Jaipur 144 Sudarshana/Nahargarh Jaipur 145 Isarlat Jaipur 146 Hawa Mahal Jaipur 147 Cenotaphes of Gaitore Jaipur 148 Temples of Galta Jaipur 149 Balanand ji Temple Jaipur 150 Queens Cenotaphs Amber Road 151 Brijnand ji Temple Jaipur 152 Charan Mandir Jaipur 153 Rampart including all gates of old Jaipur City Jaipur

154 Sanganer Temple Jaipur

155 Cenotaphs at Station Road Jaipur

156 Town Hall (Old Assembly Hall) jaipur

157 Wall paintings of Samod Haveli Purani Basti, Jaipur

158 Wall paintings of Purohit j1 ki Haveli Purani Basti, Jaipur

159 Sun Temple Galta Hill

160 Kalika Devi Temple Sirehdeorhi Bazar, Jaipur

161 Bhawani Rao Bohara's House Ghat ki Gooni, Jaipur

162 Sisodia Maharani Temple Ghat ki Goon, Jaipur

163 Wall Paintings of Janana Ghat Galta, Jaipur

164 Sun Temple Galta, Jaipur

165 Krishna Dev Payahari Ki Gufa Galta, Jaipur

166 Akabar Ke Kos Chinha Amber-Delhi-Agra- Ajmer Road

167 Wall paintings of Prachin Govind Devayji ka Temple Amber Ghati

168 Prachin Govind Devaji ka Temple Amber Ghati

169 Kalyan ji Temple Amber

170 Amber Palace on Hill Amber

171 Cenotaphs at Shahpura Road Amber

172 Prachin Mahal below Hill Amber

173 Panna Miyan Ka Kund Amber

174 Dalarambagh Amber

175 Mohan Bari Amber

176 Sanghi Temple Amber

177 Nrisingha Temple Amber

178 Rampart of old Amber town Amber

179 Mughal Gate Viratnagar

180 Jamwa Mata Temple Jamwa Ramgarh

181 Wall paintings of Bhaopura Chhatri Bhaopura

182 Prachin Baori Khasra No. (616, 617,/2) Bhaopura

183 Chomu Fort Chomu

184 Nakati Mata Temple Jai Bhawanipura 185 Nayala Fort Nayala 186 Nayala Palace Nayala 187 Cenotophs near Parion ka Bagh Amber 188 Sh. Laxmi Narain Mandir, opposite, Hathi Stand Amber, Jaipur Rambagh (Khasra No. 4416) 189 Sh. Gopal ji ka mandir opposite Hathi Stand Ramgagh Amber, Jaipur (Khasra No. 4416) 190 Sh. Laxmi Narain ka mandir (Behari j1) opposite, Panna | Amber, Jaipur miyan kund Sagar Road (Khasra No. 4353) 19] Properties Situated in Ghat ki Guni, Jamdoli Jaipur 192 Inscription of Ashoka the Great Virat Nagar

193 Akbar ki kos Minar Johparia, Bassi

194 Akbar ki kos Minar Jhar Bassi

195 Akbar ki kos Minar Malyalia, Bassi

196 Akbar ki kos Minar Hansmahal, Bassi

197 Akbar ki kos Minar Jaipur city Jaipur Jaipur

198 Akbar ki kos Minar Jaipur city Jaipur Jaipur

199 Devyani Kund Sambhar Sambhar

200 Nahargarh ki Bawari Jaipur

201 Area of Parion ka Bagh including two Ancient Baor1, Amber two wells, Ancient irrigation method, one temple & one muzar (Khasra No. 5579, 5579/9342, 5579/9344, 5580, 5580/9104, 5580/9343, 5581 to 5587 & 5589 to 5598)

202 Natanion ki Haveli Jaipur

203 Sisodia Rani ka Bagh (Ghat ki Gun1) Jamdoli

204 Two Storeyed Bairathi Haveli near Jain Temple Amber Mohalla Purohitan, Amber

(50 Meter Controlled Area all around four sides) Khasara No. 4346/9985 (Tehesil Amber) & 20 Ka, Kha, Ga and 263 Ka (City Survey)

205 Two Chhabara Havelies, Bangali Pada (Lal Bazar) Amber (50 Meter Controlled Area all around four sides) Khasara No. 4332 (Tehesil Amber) & 229 Cha & Da 230 and 230 Ka (City Survey)

206 Cenotaphs of Sudamapuri, situated at Agra Road, Jaipur | Jaipur as :-

(1) Cenotaphs of Daroga Shri Manna Lal Vyai Lal (with inscription Samvat 1899)

(2) Cenotaphs of Daroga Shri Swaroop Chand (with inscription Samvat 1900)

District-Jaisalmer

207 Patwa Haveli-3129 Jaisalmer

208 Patwa Haveli-3128 Jaisalmer

209 Patwa Haveli-3017 Jaisalmer

210 Patwa Haveli-3126 Jaisalmer

211 Patwa Haveli-3127 Jaisalmer

212 Patwa Haveli-3127 B Jaisalmer

213 Patwa Haveli-3013 Jaisalmer ²¹⁴Salam Singh ki Haveli — 2521 Jaisalmer 215 Nathmal ki Haveli-4434 Jaisalmer 216 Teelon Ki Prol Jaisalmer 217 Kirti Stambha Ola 218 Kuldhara Ancient village (whole village) Jaisalmer 219 Ancient village Khabha (whole village) Jaisalmer 220 Kishangarh Fort, Kishangarh Jaisalmer221 Ghotaru Fort, Ghotaru Jaisalmer 222 Ganeshia Fort, Bichia Chod Jaisalmer District-Jalore 223 Jalore Fort Jalore²²⁴Tophkhana Jalore

225 | Ancient Cenotaphs, Bhadrajune | Ahor District-Jhalawar

226 Fort Gagron

227 Dargah Meethe Sahab Gagron

228 Padma Nabhi/Sun Temple Jhalara Patan

229 Antiquites of Dehalanpur Dehalanpur, Aklera

230 Antiquites of Mau Borda Mau Borda, Khanpur

231 Chhaneri Paner1 Temple Jhalrapatan

232 Madan Vilas Jhalrapatan

233 Garh Palace Jhalawar District-Jodhpur

234 Jodhpur Fort Jodhpur

235 Hari-Har Temple-1 Osian

236 Hari-Har Temple-2 Osian

237 Hari-Har Temple-3 Osian

238 Hari-Har Temple-4 Osian

239 Hari-Har Temple-5 Osian

240 Sun Temple Osian

241 Shiv Temple Osian

242 Piplad Mata Temple Osian

243 Vishnu Temple Osian

244 Jain Temple Osian

245 Sachtya Mata Temple Osian

246 Baori (Jalara or Jhalara) Osian

247 Heroes Hall (Veeron ki Dalan) Mandore

248 Cenotaph of Rao Mal Deva Mandore

249 Cenotaph of Motaraja Udai Singh Mandore

250 Cenotaph of Sawai Raya Sur Singh Mandore

251 Cenotaph of Raja Gaj Singh Mandore

252 Cenotaph of Maharaj Jaswant Singh-I Mandore

253 Cenotaph of Maharaj Ajeet Singh Mandore

254 Cenotaphes at Panch Kunda Mandore

255 Kakku Deval and Kirti Stambha Ghattyala

256 Sculputre of Tokeshwara Maharaj Mandore

257 Ravana ki Chanwari Mandore

258 City wall Jodhpur Jodhpur 259 Shiv Mandir, Lamba (Khasra No. 1529) Bilara 260 Vishnu & Shiv Mandir, Buchakala Bilara 261 Prachin, Mandir, Gangana (Khasra No. 123) Jodhpur 262 Prachin Mahal, Sursagar Jodhpur 263 Durg Phalodi Phalodi 264 Zanana Mahal Mandore 265 Harsh ka Deval (Shiv Temple) Varna (Bilara) 266Prachin Shiv Temple Baori, Bhopal garhBhopalgarh 267 Prachin Shivalay, BhundanaBhopalgarh District-Jhunjhunu 268 | Fort, with fortified including all structures (surrounding _| Khetri

100 meter control area)

269 Fatehvilas Mahal, with fortified including all structures | Khetri (surrounding 100 meter control area)

270 Panna Lal Shah Talab, with fortified including all Khetri structures (surrounding 100 meter control area)

271 Temple of Raghunath Ji, with fortified including all Khetri structures (surrounding 100 meter control area)

272 Temple of Madan Mohan Ji, with fortified including all | Khetri structures (surrounding 100 meter control area) District-Karoli

273 Timan Garh Fort Karoli

274 Shahi Kund Karoli

275 Tomb of Kabirshah Karoli District-Kota

276 Bry Vilas Kota

277 Bada Talab and Jag Mandir Kota

278 Kabren of Kesar Khan and Dokar Khan Kota

279 Shiv Temple Haripura

280 Sun Temple Budhadeet

281 Badri Nath and Parshva Nath Temples group Auwa

282 Cave Paintings Alantya

283 Temple group Kanwas

284 The Fortification Darrah

285 Gaipar Nath Rata Kankara

286 Shiv Math Mandir, Chandresal Kota

287 Group of Temple, Manas village Kota

288 Ancient Shiv Temple, Bargu Sangod

289 Group of temples Thoonpur District-Nagaur

290 Fort Nagaur

29] Tarkin/Buland Darwaja Nagaur

292 Cenotaph of Amar Singh Nagaur

293 Akabari Maszid or Shahi Maszid Nagaur

294 Malkot Fort Merta city

295 Shiv Temple Kekind

296 Phul Baori and large sculptures with 50 meters area Choti Khatu around at village chotikhatu (Khasra No. 1460)

297 Shiv Temple Thanwala

298 Mandir-Maszid Ladnun

299 Dadhimati Mata Mandir Goth Manglod, Nagaur

300 Appayi Sindhiya ki chhatri Tausor, Nagaur

301 Devi Mandir, Khundala, Including 50 Mtrs Surrounding Area | Khinvsor

302 Chhatriyan Tantvas Khinvsor

303 Meera Mahal, Merta City Mertacity

304 Rao Dudagarh Mertacity

305 Pada Mata, Mandir, Gram Balia Didvana

306 Nathon ka Math, Gram Badali Nagaur

307 Sham ki Masjid Nagaur

308 Akbari Masjid of Nagaur Nagaur District-Pali

309 Makar Mandi Mata Temple Nimay

310 Sun Temple Ranakpur

311 Sojat Durg Sojat City District-Pratapgarh

312 Inscription with pillar of shung period in Brahami & Anwaleshwar surrounding area of 50 Mtrs of four side. (Khasra No. 398) District-Rajsamand

313 Charbhuja Temple Khamnor

314 Durga Mandir Unwas District-Sirohi

315 Sun Temple Varman

316 Ancient fortification wall, Chandravati, Khasra No. Sirohi 89/1, 90, 91, 92, 93, 94, 95, 96 and 209

District-Sikar

317 Fort of Fatehpur Fatehpur

318 Temple of Omal-Somal Devi Saledipur Khandela Sri Madhopur

319 Chand Singh ki Chhatri, Ganeri control Area of 15 Mtrs_ | Laxmangarh of four sides

District-Sawaimadhopur 320 Rest House at Mora Sagar Bandh Bamanwas 321 Rest House at Dheel Bandh Bonli 322 Rest House at Gilai Sagar Bandh Khandar District-Tonk

323 | Sunehari Kothi | Nazarbagh, Tonk

District-Udaipur

324 Jagdish Temple Udaipur

325 Moti Magari ke Prasad Udaipur

326 Gangodbhe Kund Ahar

327 Group of Shiv Temple Ahar

328 Meera Temple Ahar

329 Cenotaph of Raja Rama Shah's Sons Ahar

330 Meera Temple Kailashpuri

33] Ramnath Temple and Baori Jawar 332 Kesariya j1 Temple Dhooleva 333 Ambika Temple Jagat 334 Sun Temple Toos 335 Vishnu Temple Iswal 336 Temple Kathadavana 337 Shiv Temple Paladi³³⁸Temple of Tripurusha Deva Ghasa 339 Sun Temple Nandesama 340 Shiv Temple Amarakyji 34] Pratimaon Ka Chabutra (Mataji Ka Than) Tanesar³⁴²Sajjangarh Udaipur

List of State Protected Sites

S.No. \|	Name of the sites	Place
	District- Jaipur
1	Ancient, Site, Agatari	Agatari
2	Ancient, Site, Gondi	Gondi
3	Ancient, Site, Jodhpura	Jodhpura
4	Ancient, Site, Khera	Khera
5	Ancient, Site, Mongli	Mongl1
6	Ancient, Site, Rajnota	Rajnota
7	Ancient, Site, lsmailpur	Virat Nagar
	District- Udaipur
	Ancient mound of Dhulkot	Ahar
	Ancient Site of Darauli	Darauli
10	Ancient Mound	Karanpura
11	Ancient Site Balathal	Balathal
	District- Sirohi
12	Chandrawati Site	Chandrawati
	District- Jhalawar
13	Ancient Site Gangadhara	Gangadhara
14	Ancient Site Bhimgarh	Bhimgarh
	District- Dungarpur
15	Ancient Site of Amjhara	Amhara
	District-Chittorgarh
16	Ancient Site of Ranimaliya	Near Bansi
	District-Ganganagar
17	Ancient Site of Pallu	Nohar
O18 \|	District-Ganganagar	Anupgarh/Suratgarh
	a) Ancient Site Chak 72/1 and 72/2
	b) Ancient Site Chak 39/1 and 39/2
	c) Ancient Site Chak 40 and 43
	d) Ancient Site Chak 11, 15, 21, 77
	e) Ancient Site Gama ki Dhani
	f) Ancient Site Rerh
	g) Ancient Site Bhagwansar, Karnisar, Mamanwali, Rampura, Amarpura, Jessar, Bugian
	District-Kota
19	Ruins of Asalpur	Asalpur

1 Ancient, Site, Agatari Agatari

2 Ancient, Site, Gondi Gondi

3 Ancient, Site, Jodhpura Jodhpura

4 Ancient, Site, Khera Khera

5 Ancient, Site, Mongli Mongl1

6 Ancient, Site, Rajnota Rajnota

7 Ancient, Site, lsmailpur Virat Nagar District- Udaipur

Ancient mound of Dhulkot Ahar Ancient Site of Darauli Darauli

10 Ancient Mound Karanpura

11 Ancient Site Balathal Balathal District- Sirohi

12 Chandrawati Site Chandrawati District- Jhalawar

13 Ancient Site Gangadhara Gangadhara

14 Ancient Site Bhimgarh Bhimgarh District- Dungarpur

15 Ancient Site of Amjhara Amhara District-Chittorgarh

16 Ancient Site of Ranimaliya Near Bansi District-Ganganagar

17 Ancient Site of Pallu Nohar O18 | District-Ganganagar

a) Ancient Site Chak 72/1 and 72/2

b) Ancient Site Chak 39/1 and 39/2

c) Ancient Site Chak 40 and 43d) Ancient Site Chak 11, 15, 21, 77 Anupgarh/Suratgarh e) Ancient Site Gama ki Dhani f) Ancient Site Rerh g) Ancient Site Bhagwansar, Karnisar, Mamanwali, Rampura, Amarpura, Jessar, Bugian District-Kota¹⁹Ruins of Asalpur Asalpur

20	Ruins of Old temples	Relawana
21	Ancient Site of Agar	Agar
22	Ancient Site of Dhulet	Dhulet
23	Ancient Site of Kelwana	Kelwana
24	Old Statues and art pieces at the residence of Sri. Bidya Ratna Bhatnagar	Kotah
25	Mahadeo and Ganpati image	Kotah
	District-Bharatpur
26	Ancient Mound, Unchageon	Unchageon
27	Ancient Mound, Helak Ki Roondh	Helak Ki Roondh
28	Ancient Mound, Aghapur	Aghapur
29	Ancient Mound, Kama	Kama
30	Ancient Mound, Bilara Chhota	Bilara Chhota
31	Ancient Mound, Pengore	Pengore
32	Ancient Mound, Ajah	Ayah
33	Ancient Mound, Barah	Barah
34	Ancient Mound, Au	Au
35	Ancient Mound, Jaghina	Jaghina
36	Ancient Mound, Kherara	Kherara
37	Ancient Mound, Uchchain	Uchchain
38	Ancient Mound, Menhagya	Menhagya
39	Ancient Mound, Abdulpur	Abdulpur
40	Ancient Mound, Katara	Katara
	District-Jaisalmer
4]	Fossil Park	Akal Jodha
	District-Pali
42	Old mound (Juna Kheda) with antiquities Near village Nadol in Pali District, khasara No. 3851	Junakheda
	District-Sikar
43	Ancient Site	Ganeshwar

22 Ancient Site of Dhulet Dhulet

23 Ancient Site of Kelwana Kelwana

24 Old Statues and art pieces at the residence of Sri. Kotah Bidya Ratna Bhatnagar

25 Mahadeo and Ganpati image Kotah District-Bharatpur

26 Ancient Mound, Unchageon Unchageon

27 Ancient Mound, Helak Ki Roondh Helak Ki Roondh

28 Ancient Mound, Aghapur Aghapur

29 Ancient Mound, Kama Kama

30 Ancient Mound, Bilara Chhota Bilara Chhota

31 Ancient Mound, Pengore Pengore

32 Ancient Mound, Ajah Ayah

33 Ancient Mound, Barah Barah

34 Ancient Mound, Au Au

35 Ancient Mound, Jaghina Jaghina

36 Ancient Mound, Kherara Kherara

37 Ancient Mound, Uchchain Uchchain

38 Ancient Mound, Menhagya Menhagya

39 Ancient Mound, Abdulpur Abdulpur

40 Ancient Mound, Katara Katara District-Jaisalmer 4] Fossil Park Akal Jodha District-Pali 42 Old mound (Juna Kheda) with antiquities Junakheda Near village Nadol in Pali District, khasara No. 3851 District-Sikar43 Ancient Site Ganeshwar

List of State Protected Monuments of Archaeological Survey of India in Rajasthan

S.No. | Name of Monument/Site | Locality | District District - Alwar

1. Ancient Site Bhangarh Alwar

2. Shiva Temple Neelkanth Alwar

3. Ancient Remains Pandrupol Alwar

4. Lal Masjid Tyara Alwar

5. Baori and Adjacent Archaeological Neemrana Alwar Remains

District - Baran

6. Ruins of Temples Atru/Ganeshganj Baran

7. Yupa Pillars Badva Baran

8. Temple (12" Century) untraceable Baran Baran

9. Ancient Ruins and Structural Remains Krishna-vilas Baran

10. | Old Temple, Statues and Inscriptions Shergarh Baran District - Bharatpur

11. | Akbar's Chhatri Bayana Bharatpur

12. | Ancient Fort with its monuments Bayana Bharatpur

13. | Jahangir's Gateway Bayana Bhartpur

14. | Jhajri Bayana Bharatpur

15. | Lodhi's Minar Bayana Bharatpur

16. | Saray Sad-ul-lah Bayana Bharatpur

17. | Usa Mandir Bayana Bharatpur

18. | Delhi Gate outside the Fort Bharatpur Bharatpur

19. | Fateh Bur) near Anah Gate Bharatpur Bharatpur

20. | Jawahar Burj and Ashtadhatu Gateway Bharatpur Bharatpur

21. | Idgah Brahmabad Bharatpur

22. | Islam Shah's Gate Brahmabad Bharatpur

23. | Deeg Bhawans Deeg Bharatpur

24. | Looted Gun Deeg Bharatpur

25. | Marble Jhoola Deeg Bharatpur

26. | Chaurasi Khamba Temple Kaman Bharatpur

27. | Ancient Mound Malah Bharatpur

28. | Ancient Mound Noh Bharatpur

29. | Colossal Image of Yaksha Noh Bharatpur 30. | Lal Mahal Rupvas Bharatpur 31. | Fortwalls including Chowburja Gate and Bharatpur Bharatpur Approach Bridge at the Chowburya and Ashtadhatu Gate 32. | Moat surrounding the Fort Wall Bharatpur Bharatpur 33. |Mahakal and two other temples Byolia Bharatpur District - Bhilwara 34. | Rock Inscription (12" Century) Byolia Bhilwara 35. | Rock Inscription within the parasvanath Byolia Bhilwara Temple compound (12 C.A.D.) 36. | Ancient Temple known as Kaner-ki-Putli Khadipur Bhilwara

District - Bundi

37. | Ancient Mound Keshavrai Patna Bundi

38. | Ancient Mound Nainwa Bundi

39. | Wall Paintings of Hadoti School in the Bundi Bundi Palace

District - Dausa

40. | Ancient Mound Abaneri Dausa

41. | Baori Abaneri Dausa

42. | Harsat Mata-ka-Mandir Abaneri Dausa

43. | Banjaron-ki-Chhatri containing pillars Lalsot Dausa similar to the railing pillars of Bharhut Stupa

44. | Ancient Mound Maheshra Dausa

45. | Ancient Mound Raniwas Dausa

46. | Ancient Mound Sikrai Dausa District — Dholpur

47. | Jogni Jogna Temple Sone-ka-Gurja Dholpur

48. | Shergarh Fort Dholpur Dholpur

49. | Babur's Garden Jhor Dholpur District — Jaipur

50. | Jama Masjid Amber Jaipur

51. | Lamxi Narain Temple Amber Jaipur

52. | Sri Jagat Siromani Temple Amber Jaipur

53. | Sun Temple Amber Jaipur

54. | Excavated Site Bairat Jaipur

55. | Punderikji-ki-Haveli — Paintings ina room | Brahmpuri (Jaipur) Jaipur

56. | Temple containing Fresco Paintings Galtaji (Jaipur) Jaipur

57. | Excavated Site Sambhar Jaipur

58. | Fortress known as Medhaji ka Mahal Jamwaramgarh Jaipur District -Jhalawar

59. | Buddhist Caves and Pillars Binayaga Jhalawar

60. | Caves of Niranjani etc. Binayaga Jhalawar

61. | Ancient Ruins Dalsagar/Gangdhar Jhalawar

62. | Ancient Ruins Dhudhaliya Jhalawar

63. | Buddhist Cavaes Hathiagor Jhalawar

64. | Buddhist Cavaes, Pillars & Idols Kolvi Jhalawar

Madhopur

72. | Persian Inscription in a Baori Alanpur Sawai Madhopur

District - Tonk

73. | Harshnath Temple Harsh Sikar

74. | Bisal Deoji's Temple Bisalpur Tonk

75. | Ancient Mound Bundwali Doongar1 Tonk

76. | Ancient Mound Gariagarh/Newai Tonk

77. | Devapura Barodia Mounds Jhalai Tonk

78. | Hathi Bhata Khwra/Kakor Tonk

79. | Ancient Mound Nagar Tonk

80. | Excavated Site Nagar Ton

81. | Mand Kila Tal Inscription Nagar Tonk

82. | Yupa Pillars in Bichpuria Temple Nagar Tonk

83. | Inscription in Fort (untraceable) Nagar Tonk

84. | Inscription Panwar Tonk

85. | Excavated Site Rairh/Newai Tonk

86. | Kala Pathar Temple Todarai Singh Tonk

87. | Kalyan Rai Temple Todarai Singh Tonk

88. | Laxmi Narainji's Temple Locality known | Todarai Singh Tonk as Gopinath Temple

89. | Old Baori locality known as Hadi-Rani-ka- | Todarai Singh Tonk Kund

90. | Pipaji's Temple Todarai Singh Tonk District - Ajmer

91. | The Adhai Din Ka Jhopra Ajmer Ajmer

92. | One Baori on the Ajmer-Jaipur Road Ajmer Ajmer

93. | The Badshahi Haveli in the Naya Bazar Ajmer Ajmer

94. | Delhi Gate consisting of one Archway Ajmer Ajmer

95. | Gateway of Taragarh Hill Ajmer (Taragarh) Ajmer

96. | The Marble Pavilions and Balustrade on Ajmer Ajmer the Ana Sagar Bund and the Ruins of the Marble Hammam behind the Ana Sagar

Bund

97. | Saheli Bazar Buildings in Daulat Bagh Ajmer Ajmer

98. | Tomb of Allauddin Khan known as 'Sola Ajmer Ajmer Khamba' 99. |Tombs of Abdulla Khan and His Wife Ajmer Ajmer 100. | Tripolia Gate Ajmer Ajmer 101. | Magazine Buildings in the Ajmer Fort Ajmer Ajmer 102. | Kos Minar erected by emperor Akbar Ajmer-Jaipur Road Ajmer 103. | Kos Minar erected by emperor Akbar Ajmer-Jaipur Road Ajmer 104. | Kos Minar erected by emperor Akbar Chatri Ajmer 105. | One Sarai Chatri Village Ajmer 106. | Kos Minar erected by emperor Akbar Ghugra Ajmer 107. | Kos Minar erected by emperor Akbar Hushiara Ajmer 108. | Kos Minar erected by emperor Akbar Hushiara Ajmer 109. | Kos Minar erected by emperor Akbar Kair Ajmer

110. | Kos Minar erected by emperor Akbar Khanpura/Kayampura | Ajmer

111. | Mahal Badhshai at Pushkar Pushkar Ajmer

112. | Brahma Ji Temple Pushkar Ajmer District - Banswara

113. | Stva Temple and Ruins Arthuna Banswara

114. | Ancient Remains Vithal Deva Banswara District - Bikaner

115. | Bhandasar Jain Temple Bikaner Bikaner

116. | Jain Temple of Susani Goddess MorkhanaVillage Bikaner District — Chittaurgarh

117. | Ghateshwar Temple Badoli Chittaurgarh

118. | Kund Badol Chittaurgarh

119. | Shrinagar Chawri Badoli Chittaurgarh

120. | Temple of Ashtamata Badoli Chittaurgarh

121. | Temple of Ganesh Badoli Chittaurgarh

122. | Temple of Sheshashayan Badoli Chittaurgarh

123. | Temple of Shiv and Kund Badoli Chittaurgarh

124. | Temple of Trimurti Badoli Chittaurgarh

125. | Temple of Vamanavantar known as Narad_ | Badoli Chittaurgarh Temple

126. | Fort Chittaur as a whole Chittaur Chittaurgarh

127. | Menal (Mahanal) Temple and Math Menal Chittaurgarh

128. | Hathiwada enclosure with inscription Nagari Chittaurgarh together with adjacent land in Survey plot

no. 301

129. | Ancient Ruins in whole Survey No. 991, Nagari Chittaurgarh 992, 993, 994/1, 994/3, 995, 996, 997, 998,

999, 1000 and 1002

130. | Archaeological Site and Remains at Jeora | Nilodh/Jeora Chittaurgarh comprised in survey plot no. 416

District - Dungarpur

131. | Jain Temple inscription Baroda Dungarpur

144. | Ancient Mounds (3) Kalibangan Hanumanga rh

145. | Ancient Mounds Manak Hanumanga rh

146. | Ancient Mounds Munda Hanumanga rh

147. | Ancient Mounds Peer Sultan Hanumanga rh

148. | Ancient Mound Pilibanga Hanumanga rh

District - Jaisalmer

149. | Fort including ancient temples Jaisalmer Jaisalmer

150. | Ancient Site Lodruva Patan Jaisalmer

151. | Fort Mandore Jodhpur District - Rajsamand

152. | Fort of Kumbhalgarh as a whole Kumbhalgarh Rajsamand

153. | Ghat with inscriptions pavilions and Nav Rajyasamand toranas, (together with Adjacent area Chowki/Rajasamand comprised in survey plot no. 344)

154. | Archaeological site and remains comprised | Gilund (Bhagwan Rajsamand in Survey plot no. 938, 941, 1065, 1066, Pura)

1067, 1068, 1069, 1070, 1071, 1072, 1073

and 1074

155. | Haldi Ghati Haldi Ghati Dara Rajsamand

156. | Badshahi Bagh Shahi Bagh Rajsamand