(No. 12 of
1964) [16th,
April 1964] Received the assent of the
President on the 16th April, 1964; assent first published in the Madhya Pradesh
Gazette (Extraordinary) on the 11th May, 1964. For statement of Objects and
Reasons See- Bill No. 13 of 1962 published in Madhya Pradesh Gazette,
Extraordinary dated 18th June, 1962 Pages 853-67. An Act to provide for the
preservation of certain ancient and historical monuments and archaeological
sites and remains and for the regulation of excavation of archaeological sites
in Madhya Pradesh and matters ancillary thereto. Be it enacted by the Madhya
Pradesh Legislature in the Fifteenth Year of the Republic of India, as follows
:- Preliminary (1)
This Act may be called The Madhya Pradesh
Ancient Monuments and Archaeological Sites and Remains Act, 1964. (2)
It extends to the whole of Madhya Pradesh. (3)
It shall [1][come
into force on such date] as the State Government may by notification,
appoint. (4)
Nothing in this Act shall apply to protected
areas and protected monuments as defined in clauses (i) and (j), respectively
of Section 2 of the Ancient Monuments and Archaeological Sites and Remains Act,
1958 (No. 24 of 1958) In this Act, unless the
context otherwise requires,- [2][(a) "Ancient
monument" means any building structure, erection monolith or
monument or any mound or Cumulus or any tomb or place of interment or any cave
or any sculpture or inscription on an immovable object which is of historical
archaeological or artistic interest and which has been in existence for not
less than hundred years, and includes, (i) ???the remains of such
monument, (ii) ??the site of such
monument, (iii) ??such portion of land
adjoining the site of such monument as may be required for fencing or covering
in or otherwise preserving the monument, and (iv) ?the means of access
to, and convenient inspection of, such 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 which in the opinion of the State Government because of its historical or
archaeological importance is an article, object or thing which it is desirable
to preserve declared by the State Government, by notification, to be an
antiquity for the purposes of this Act, which has been in existence for not
less than hundred years;] [3][(c) "Archaeological
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 in existence for not less than 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]. (d)? "Director" means
the Director of Archaeology, Madhya Pradesh, and includes any officer
authorised by the State Government to perform the duties of the Director of
Archaeology under this Act; (e) ? "maintain" with
its grammatical variations and cognate expressions includes the fencing,
covering in, repairing, restoring and cleaning of a State protected monument
and the doing of any act which may be necessary for the purpose of maintaining
a State protected monument or of securing convenient access thereto; (f)?? "owner" includes- (i) ???a joint owner
invested with powers of management on behalf of himself and other joint owners
and the successors-in-title of any such owner; and (ii) ??any manager or
trustee exercising powers of management and the successor in office of any such
managers or trustees; (g)? "State-protected area" means
any archaeological site and remains which is declared to be a State-protected
area under this Act; (h)? "State-protected
monument" means and ancient monument which is declared to be a
State-Protected monument under this Act. (1)
Where the State Government is of the opinion
that it is necessary to protect against destruction, injury, alteration,
mutilation, defacement, removal, dispersion or falling into decay any- (a)
ancient monument, (b)
archaeological site and remains,
it may, by notification in the Official Gazette give two month's notice of its
intention to declare such ancient monument to be a State-protected monument or
such archaeological site and remains to be a State-protected area, as the case
may be, and a copy of every such notification shall be affixed in a conspicuous
place on or 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 one month after the
issue of notification, object to the declaration of the monument to be a State-protected
monument or of the archaeological site and remains to be a State-protected
area, as the case may be. (3)
On the expiry 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 Gazette, the ancient monument to
be a State-protected monument or the archaeological site and remains to be a
State-protected area, as the case may be. (4)
A notification published under this section
shall, unless and until withdrawn, be conclusive evidence of the fact that the
monument or the archaeological site and remains to which it relates, is a
State-protected monument or State-protected area, as the case may be. (1)
The State Government may purchase or take a
lease of or accept a gift or bequest of any State-protected monument. (2)
Where State-protected monument is without an
owner, the Director may, by notification, assume the guardianship of the
monument. (3)
The owner of any State-protected monument
may, by written instrument, constitute the Director, the guardian of the
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 State-protected 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 had not been
constituted a guardian thereof. (5)
When the Director has accepted the
guardianship of a State-protected monument under sub-section (3) the provisions
of this Act relating to agreements entered into under Section 5 shall apply to
the written agreement referred to in the said sub-section. (6)
Nothing in this section shall affect the use
of any State-protected monument for customary religious observances. (1)
The Director may, with the previous sanction
of the State Government, propose to the owner of a State-protected monument to
enter into an agreement with the State Government within a specified period for
the maintenance of 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- (i) ???to use the monument
for any purpose, (ii) ??to charge any fee for
entry into, or inspection of the monument, (iii)? 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 and to the Director and to the
person deputed by the owner or the Director 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 lands is offered for sale by the owner, and the right to be reserved
to the State Government to purchase such land, or any specified portion of such
land, as its market value; (f)
the payment of any expenses
incurred by the owner or by the State Government in connection with the
maintenance 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 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 State Government. (3)
The terms of an agreement under this section
may be altered from time to time with the sanction of the State Government and
with the consent, in writing, 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, if any, incurred by it on the maintenance 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. (1)
If the owner of a State-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 5. (2)
Nothing in this section shall be deemed to
empower any person not being of the same religion the person on whose behalf he
is acting to make or executed an agreement relating to a State-protected
monument which or any part of which is periodically used for the religious
worship or observances of that religion. (1)
If any owner or other person, competent to
enter into an agreement under Section 5 of the maintenance of a State-protected
monument, refuses or fails to enter into such an agreement when proposed to him
by the Director and in any endowment has been created 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 the proper
application of such endowment or part thereof. (2)
On the hearing for 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. (1)
If any owner or other person competent to
enter into an agreement under Section 5 for the maintenance of a
State-protected monument refuses or fails to enter into such an agreement, the
State Government may make on order providing for all or any of the matters
specified in sub-section (2) of Section 5 and such order shall be binding on
the owner or such other person and on every person claiming title to the
monument 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 by the State 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. (1)
If the Director apprehends that the owner or
occupier of a State-protected monument intends to destroy, remove, alter,
mutilate, deface, imperil or misuse the monument or to build on or near the
site thereof in contravention of the terms of an agreement under Section 5, the
Director 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, 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 State Government within such time and in such manner
as may be prescribed in this behalf and the decision of the State Government
shall be final. (1)
If an owner or other person who is bound by
an agreement for the maintenance of a 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 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 my 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 Every person who purchases
at a sale for arrears of land revenue or any other public demand any land on which
is situated a monument in respect of which any instrument has been executed by
the owner for the time being, under Section 4 or Section 5 and every person
claiming any right, title or interest to or in a monument from, through or
under an owner who executed any such instrument, shall be bound by such
instrument. If the State Government
apprehends that a State-protected monument is in danger of being destroyed,
injured, misused or allowed to fall into decay, it may acquire the
State-protected monument under the provisions of the Land Acquisition Act, 1894
(1 of 1894), as if the maintenance of the State-protected monument were a
public purpose within the meaning of this Act. (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 accepted the
guardianship of a State-protected monument under Section 4, he shall, for the
purpose of maintaining such monument, have access to the monument at all
reasonable time, by himself and by his agents, subordinates 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. The Director may receive
voluntary contributions towards the cost of maintaining a State-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 or any part thereof shall be applied
to any purpose other than the purpose for which it was contributed without the
consent, in writing, of the donor. (1)
A State-protected monument maintained by the
State 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 State Government has acquired a
monument under Section 12, or has purchased, or taken a lease or accepted a
gift or bequest or assumed guardianship of a State-protected monument under
Section 4, and such monument or any part thereof is used for religious worship
or observances by any community, the Director shall make due provision for the
protection of such monument or part thereof, from pollution or desecration by
taking such action as he may think necessary in this behalf. (1)
If the State Government is of opinion that
for the purpose of preserving the reasonable amenities of any protected
monument, it is necessary so to do, the State Government may, subject to the
provisions of this section, by notification in respect of any area compressing
or adjacent to the site of such monument specified in such notification
(hereinafter referred to as "the controlled area")- (a)
prohibit or restrict the
construction, erection or execution of building, structures and other works
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,
site, materials, colour and screening and otherwise regulate the external
appearance of buildings, structures and other works within the controlled area; (c)
require any local authority- (i) ???to construct any
approach road to any protected monument, or (ii) ??to demolish any
public convenience vesting in it, that is to say, a latrine, urinal, dustbin,
rubbishdump and the like, located close to or in the vicinity of any protected
monument; (d)
prohibit or restrict the felling
of trees within the controlled area; (e)
otherwise restrict the user of
land within the controlled area to such extent as is necessary for the purpose
of preserving the reasonable amenities 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), State Government shall cause to be
published in the Gazette, in the controlled area, and in the village and at the
headquarters of the tahsil 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
a notification, who wish to make any objection to the issuing of such
notification, to submit their objections in writing to the State Government or
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 Gazette, or within fifteen days from the date of the
publication of the notification in the controlled area, whichever period
expires later. (3)
If on the expiration of the time allowed by
sub-section (2) for the filing of objections no objection has been made, the
State Government shall proceed at once to issue the notification under
sub-section (1). If any objection has been made, the State Government may,
after such objection has been considered or heard, as the case may be, either- (a)
abandon the proposals to issue
the notification under sub-section (1); or (b)
issue the notification under
sub-section (1), with such modification, if any, 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 or any
alteration or extension thereof, if it was constructed, erected, or executed
before the date when notice of intention to issue such a notification was given
under sub-section (2), and 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, erected 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)
Any person whose property is injuriously
affected by the coming into force of a notification under sub-section (1)
shall, subject to the provisions of Section 27, be entitled to obtain
compensation in respect thereof from the State Government. (1)
Where rights have been acquired by the State
Government in respect of any monument under this Act by virtue of any sale,
lease, gift or will, the State Government may, by notification, relinquish
rights so acquired to the person who would for the time being, be the owner of
the monument if such rights had not been acquired. (2)
The Director may with the sanction of the
State Government relinquish the guardianship of a monument which he has assumed
under this Act. Subject to any rules made
under this Act, the public shall have a right of access to any State-protected
monument. Protected Areas (1)
No person, including the owner or occupier of
a State-protected area shall construct any building within the State-protected
area or carry on any mining, quarrying, excavating, blasting or any operation
of a like nature in such area, or utilize 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 any person within a State-protected monument
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. If the State Government is
of opinion that any State-protected area contains an ancient monument or
antiquities of historical interest and value, it may acquire such area under
the provisions of the Land Acquisition Act, 1894 (I of 1894), as if the
acquisition were for a public purpose within the meaning of that Act. Archaeological
Excavations Subject to the provisions of
Section 24 of the Ancient Monuments and Archaeological Sites and Remains Act,
1958 (No. 24 of 1958) the Director or an officer authorised by him in this
behalf under this Act (hereinafter referred to as the licensee) may, after
giving notice, in writing, to the Collector and the owner, after giving notice,
in writing, to the Collector and the owner, enter upon and make excavations in
any State-protected area. (1)
Where, as a result of any excavations made in
any area under Section 21 any antiquities are discovered, the Director 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; (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)
Until an order for the compulsory purchase of
any such antiquities is made under sub-section (3), the Director 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
antiquities at their market value. (4)
When an order for the compulsory purchase of
any antiquities is made under sub-section (3), such antiquities shall vest in
the State Government with effect from the date of the order. Protection of
Antiquities (1)
If the State Government considers it
necessary in the public interest that any antiquity or class of antiquities
should not be moved from the place where it is without the sanction of the
State Government the State Government may, by notification, direct that any
antiquity or class of 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)
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 in the notification published under
sub-section (1), the State Government shall either- (a)
exempt such property from the
said notification; or (b)
acquire such property, if it be
movable, at its market value; or (c)
pay compensation for any loss or
damage sustained by the owner of such property, if it be immovable. (1)
Every person who owns or is in possession,
custody or control of any antiquity prior to the 6th day of June, 1970 shall,
within a period of six months thereof, make a declaration to that effect to
such authority and in such form as may be prescribed.] (2)
As from the 6th day of June, 1970, every
person who- (a)
intends to sell or transfer any
antiquity which is in his possession, custody, or control; or (b)
intends to acquire by purchase or
otherwise any antiquity; or (c)
comes in possession, custody or
control of any antiquity by purchase, gift, inheritance or otherwise; shall give intimation in
writing,- (i) ???where such person
falls under category (a) or (b) above, of his intention to sell or transfer or
acquire, as the case may be, any such antiquity; and (ii)? ?where such person falls under category (c)
above of the fact of his coming in possession, custody or control of any such
antiquity to such authority, within such time and in such form as may be
prescribed. ?Every person who owns or is in possession,
custody or control of any antiquity shall, in the event of its loss or
destruction, give intimation within seven days of the loss or destruction
thereof to such
authority and in such form as may be prescribed and on his failure to do so it
shall, unless the contrary
is proved, be presumed that he has disposed of the antiquity in contravention
of the provisions of Section 23A]. Nothing contained in
Sections 23-A and 23-B shall apply to the Archaeological Survey of India, its
offices and Museums and all personnel employed therein while performing the
functions and discharging the duties in their official capacity.] (1)
If the State Government apprehends that any
antiquity is in danger of being destroyed, injured, misused or allowed to fall
into decay, or is of opinion that, by reason of its historical or
archaeological importance it is desirable to preserve such antiquity in a
public place, the State Government may make an order for the compulsory
purchase of such antiquity as its market-value, and the Director shall
thereupon give notice to the owner of the antiquity to be purchased. (2)
Where a notice of compulsory purchase is
issued under sub-section (1) in respect of any antiquity, it shall vest in the
State Government with effect from the date of the notice. (3)
The power of compulsory purchase given by
this section shall not extend to any image or symbol actually used for bona fide religious observance. Principles of
Compensation 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 State
Government for such loss, damage or diminution of profits. (1)
The market value of any property which the
State Government is empowered to purchase at such value under this Act or the
compensation to be paid by the State 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 (I of 1894), so far
as they can be made applicable. (2)
Notwithstanding anything contained in
sub-section (1) or in the Land Acquisition Act, 1894 (1 of 1894), in
determining the market value of any antiquity in respect of which an order for
compulsory purchase is made under sub-section (3) of Section 22 or under
sub-section (1) of Section 24, any increase in the value of the antiquity by
reason of its being of historical or archaeological importance shall not be
taken into consideration. (1)
No person shall be entitled to compensation
in respect of any notification issued under sub-Section (1) of Section 16
unless, within three months from the date on which such notification comes into
force, or within such further time as the State Government may in special
circumstances allow, he makes a claim for the purpose in the prescribed manner. (2)
A person shall not be entitled to
compensation by reason of the fact that any act or thing done or caused to be
done by him has been rendered abortive by such notification if, or so far as,
the act or thing was done after the date on which the notification was issued,
or by reason of the fact that the performance of any contract made by him after
that date is prohibited as a result of the notification. (3)
Where any provision of such notification was
immediately before the notification came into force already in force by virtue
of any other Act, no compensation shall be payable by reason of any property
being injuriously affected by that provision of the notification, if
compensation has been paid or could have been claimed, or was not payable, by
reason of that property having been injuriously affected by the provisions
already in force. (4)
Where any provision of such notification
could immediately before it comes into force, have been validly included in a
scheme, order, regulation or by-law by virtue of any other Act, then,- (a)
if no compensation would have
been payable by reason of the inclusion of that provision in that scheme,
order, regulation or bye-law, no compensation shall be payable in respect of
that provision of that notification; and (b)
if compensation would have been
so payable, the compensation payable in respect of that provision of the
notification shall not be greater than the compensation which would have been
so payable. (5)
Any dispute as the amount of the sum which is
to be paid as compensation in respect of such a notification shall be
determined in accordance with the provisions of Section 26. Miscellaneous The State Government may, by
notification, 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 also
exercisable by such office or authority subordinate to the State Government as
may be specified in the direction. [7][(1)
Whoever- (i) ???destroys, removes, injures, alters, defaces,
imperils or misuses a State-protected monument; or (ii) ???being the owner or
occupier of a State-protected monument, contravenes an order made under
sub-Section (1) of Section 8 or under sub-Section (1) of Section 9; or (iii) ??removes from a
State-protected monument any sculpture, carving, image, base-relief,
inscription, or other like objects; or (iv) ??does any act in
contravention of sub-section (1) of Section 19; or (v) ??removes any antiquity
in contravention of sub-section (1) of Section 23; or (vi) ?(a) fails to make a
declaration under sub-section (1) of Section 23-A; or (b) fails to
give intimation under sub-section (2) of Section 23-A or (vii) ?fails to give
intimation under Section 23-B; shall,- (a)
in the case of an offence falling
under clause (i), (ii) or (iii) be punishable with imprisonment which may
extend to three years and in the absence of special and adequate reasons to be
mentioned in the judgment of the Court, such imprisonment shall not be less
than six months and in addition may be punishable with fine which may extend to
ten thousand rupees; (b)
In the case of an offence falling
under clause (iv), (v), (vi) or (vii) be punishable with imprisonment which may
extend to three years or with fine which may extend to ten thousand rupees, or
with both; and in the case of an
offence falling under clause (vi) or (vii) that Court may, in addition, order
the forfeiture of the antiquity in respect of which offence has been
committed.] (2)? ?Any
person who contravenes any of the provisions of a notification issued under
sub-section (1) of Section 16 shall, on conviction, be punished with fine,
which may extend to two thousand rupees, and if the contravention is continued
after conviction, with a further fine which may extend to five rupees for each
day on which the contravention is so continued, and if such contravention is
continued after the expiry of such period as the Court may determine, the State
Government shall in addition 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 for making it in
conformity with such provisions, and any expense incurred by the State
Government shall be recoverable from the person convicted as an arrear of land
revenue. (3) ??Any person who moves any antiquity in
contravention of a notification issued under sub-section (1) of Section 23
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. No Court inferior to that of
a Magistrate of the first class shall try any offence under this Act. Notwithstanding anything
contained in the [8][Code
of Criminal Procedure, 1898 (Act V of 1898)], an offence under clause (i) or
clause (iii) of sub-section (1) of Section 29, shall be deemed to be a
cognizable offence within the meaning of that Code. Notwithstanding anything
contained in Section 32 of the [9][Code
of Criminal Procedure, 1898 (Act V of 1898)], 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 fine
exceeding two thousand rupees. Any amount due to the
Government from any person under this Act may, on a certificate issued by the
Director be recovered in the same manner as an arrear of land revenue. If the State Government is
of opinion that it is no longer necessary to protect any State-protected
monument or State-protected area, it may, by notification, make a declaration
to that effect and thereupon such monument or area shall cease to be a
State-protected monument or State-protected area as the case may be. 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
State-protected monuments or state-protected areas, as the case may be, under
this Act may at any time be corrected by the State Government by notification. No suit for compensation and
no criminal proceeding shall lie against any public servant in respect of any
act done or in good faith intended to be done in exercise of any power
conferred by this Act. (1)
The State Government may, by notification and
subject to the conditions 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 State-protected monument or the construction
of buildings on any land adjoining such monument and removal of unauthorised
buildings; (b)
the grant of licences and
permissions to take excavations for archaeological purposes in State-protected
areas, the authorities by whom and the restrictions and conditions subject to
which such licences may be granted, the taking of securities from licensees and
the fees that may be charged for such licences; (c)
the right of access of the public
to a State-protected monument and the fee, if any, to be charged therefor; (d)
the form and contents of the
report of an archaeological officer or a licensee under clause (a) of
sub-section (1) of Section 22; (e)
the form in which applications
for permission under Section 19 or Section 23 may be made and the particulars
which they should contain; [10][(ee)(i) the authority to which and the form in which declaration
shall be made under sub-section (1) of Section 23-A; (ii) the
authority to which, the time within which and the form in which intimation
shall be given under sub-section (2) of Section 23-A; (eee) the authority to which and the form in which intimation
shall be given under Section 23-B]. (f)
the manner in which a claim shall
be made under sub-section (1) of Section 27; (g)
the form and manner of preferring
appeals under this Act and the time within which they may be preferred; (h)
the manner of service of any
order or notice under this Act; (i)
the manner in which excavations
and other like operations for archaeological purposes may be carried on; (j)
any other matter which is to be
or may be prescribed. (3)
Any rule made under this section may provide
that 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. (ii) ???in the case of a
rule made with reference to clause (b) of sub-section (2), with fine which may
extend to five thousand rupees, (iii)? ?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 Act shall be laid
on the table Legislative of Assembly. The Ancient Monuments
Preservation Act, 1904 (VIII of 1904), in its application to the State of
Madhya Pradesh shall cease to have effect in relation to ancient and historical
monuments, archaeological sites and remains and all other matters pertaining
thereto which this Act applies, except as respects things done or omitted to be
done before the commencement of this Act. [1] Come into force on 1st january, 1970, vide
Notification No. 4420-710-XX-7-69, dated 24-12-69, published in M.P. Rajpatra,
Extraordinary, date 28-12-69. p. 3025. [2] Clauses (a) and (b) Substituted by M.P.
Act No. 29 of 1970. [3] Substituted by M.P. Act No. 29 of 1970. [4] Inserted by M.P. Act No. 29 of 1970. [5] Inserted by M.P. Act No. 28 of 1970. [6] Inserted by M.P. Act No. 38 of 1973. [7] Substituted by M.P. Act No. 29 of 1970. [8] Now see Code of Criminal Procedure, 1973
(2 of 1974). [9] Now see Code of Criminal Procedure, 1973
(2 of 1974). [10] Inserted by M.P. Act No. 29 of 1970.Madhya
Pradesh Ancient Monuments and Archaeological Sites and Remains Act, 1964