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Maharashtra Ancient Monuments and Archaeological Sites and Remains Act, 1960 Complete Act - Bare Act

StateMaharashtra Government
Year
Act Info:
MAHARASHTRA ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS ACT, 1960

MAHARASHTRA ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS ACT, 1960

12 of 1961

27th February, 1961

An Act to make better provision for the preservation of ancient and historical monuments and records and archaeological sites and remains (other than those declared to be of national importance) in the State of Maharashtra, and for matters connected with the purposes aforesaid.

WHEREAS, it is expedient to make better provision for the preservation of ancient and historical monuments and records and archaeological sites and remains (other than those declared to be of national importance) in the State of Maharashtra, and for matters connected with the purposes aforesaid; It is hereby enacted in the Eleventh Year of the Republic of India as follows:-

STATEMENT OF OBJECTS AND REASONS. MAHARASHTRA STATE GAZETTE, Jan. 25,1960 Under the Government of India Act, 1935, "ancient and historical monuments, archaeological sites and remains" was exclusively a Federal subject by virtue of entry 15 in List I in the Seventh Schedule to that Act. Under the Constitution, the subject has been distributed in all the three Lists in the Seventh Schedule to the Constitution (see entry 67 in List I, entry 12 in List II and entry 40 in List III). Again, by article 49 there is a Constitutional directive to "the State to protect every monument or place or object of artistic or historical interest, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export." 2. The present position is that in this State the Hyderabad area has a special Act viz. Hyderabad Act VIII of 1337 Fasli in respect of monuments not declared to be of national importance. In the rest of the State the subject is governed by the Central Act of 1994. In the last Act all executive power vests in the Central Government. Again, the Union Government in 1951 declared certain monuments to be of national importance by Act LXXI of 1951. Thereafter, very recently by Act XXIV of

1958 a declaration of monuments of national importance was again made, and the 1951 Act replaced. It is obviously desirable now to have a self-contained Act in respect of those matters which relate to the ancient and historical monuments and archaeological sites and remains not covered by the Central field, and also to unify the existing laws on the subject in this State. The Bill attempts to achieve this purpose. For

Statement of Objects and Reasons, see Maharashtra Government Gazette, 1960. Part V, page 90, 3. Important clauses of the Bill are explained below:- Clause 2. - The definitions of "ancient and historical monuments" "antiquity" and "archaeological sites and remains" have been made wider than those given in the Central Act XXIV of 1958. The definitions of "Collector" and "Director" have also been made wider, so that their functions can be delegated to any other officers, if found necessary. Clause 3. - State protected monuments governed by the Hyderabad Act will in future automatically continue to be protected under this Act. Clause 17. - This clause is intended to make provision for preserving amenities of ancient monuments by putting necessary restrictions on building activities etc., in the area comprising or adjacent to the site of the monument. Clause 30. - This clause provides for putting on a statutory basis the Advisory Board appointed by the State Government for consultation in matters incidental to the administration of the Act. Clause 43. - This is the usual repeal and saving clause. The Act of 1904 so far as it relates in its application to Maharashtra State to realter in entry 12 in List II and entry 40 in List III, is proposed to be repealed. Clause 44. This clause indicates the demarcation between the Central and State legislation.

SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT

(1) This Act may be called the Maharashtra Ancient Monuments and Archaeological Sites and Remains Act, 1960.

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

(3) It shall come into force on such date 2 as the State Government may, by notification in the Official Gazette, appoint. 8th day of October 1962 (vide G.N.E. & S. W. D. No. ANM 2061-C (1). dated 19th September 1962).

SECTION 02: DEFINITIONS

In the Act, unless the context otherwise requires:-

(1) "ancient and historical monument" means any structure, erection or monument, or any tumulus or place of interment, or any cave, rock sculpture, inscription or monolith, which is of historical, archaeological or artistic interest and which has been in existence for not less than fifty years, and includes-

(a) the remains of such monument,

(b) the site of such monument,

(c) such portion of land adjoining the site of such monuments as may be required for fencing or covering in or otherwise preserving the monument, and

(d) the means of access to, and from, and convenient inspection of, such monument;

(2) "antiquity" includes

(a) any coin sculpture, manuscript, epigraph, or other work of art or craftsmanship.

(b) any article, object or thing detached from a building or cave,

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

(d) any article, object or thing of historical interest, and

(e) 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 is desirable to preserve) declared by the State Government, by notification in the Official Gazette to be an antiquity for the purposes of this Act, which has been in existence for not less than fifty years;

(3) "Archaeological Officer" means an officer of the Department of Archaeology of the State Government, not lower in rank than a Regional Officer:

(4) "archaeological site and remains" means any area which contains or is reasonably believed to contain ruins or relic of historical or archaeological importance which have been in existence for not less than fifty years, and includes

(a) such portion of land adjoining the area as may be required for fencing or covering in or otherwise preserving it, and

(b) the means of access to, and from, and convenient inspection of, the area:

(5) "Collector" means in the City of Bombay the Collector of Bombay, and elsewhere the Collector of the District and includes any officer authorized by the State Government to perform all or any of the functions of a Collector by or under this Act;

(6) "Director" means the officer appointed for the time being by the State Government to be the Director of Archives and Historical Monuments, and includes any officer authorised by the State Government to perform all or any of the functions of the director by or under this Act;

(7) "maintain" with grammatical variations and cognate expressions includes 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 thereto and therefrom;

(8) "owner" includes-

(a) a joint owner invested with powers of management on behalf of himself and other joint owners, and the successor -in -title of any such owner; and

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

(9) "prescribed" means prescribed by rules made under this Act;

(10) "protected area" means any archaeological site and remains which is declared to be a protected area by or under this Act;

(11) "protected monument" means an ancient and historical monument which is deemed to be, or declared to be, a protected monument by or under this Act.

SECTION 03: CERTAIN ANCIENT AND HISTORICAL MONUMENTS DEEMED TO BE PROTECTED MONUMENTS: HYD. VIII OF 1337 FASLI

All ancient and historical monuments in the State of Maharashtra, which before the commencement of this Act have been declared by or under the Ancient

Monuments Preservation Act to be protected monuments, and have not been declared by or under any law made by Parliament to be of national importance, shall be deemed to be protected monuments for the purposes of this Act.

SECTION 04: POWER OF STATE GOVERNMENT TO DECLARE ANCIENT AND HISTORICAL MONUMENTS TO BE PROTECTED MONUMENTS

(1) Where the State Government is of opinion that any ancient and historical monument not included in section 3 and not declared by or under any law made by Parliament to be of national importance, should be a protected monument, it may, by notification in the Official Gazette, give two months notice of its intention to declare such monuments to be a protected monuments; and a copy of every such notification shall be affixed in a conspicuous place near the monument.

(2) Any person interested in any such monument may, within two months of the issue of the notification, object to the declaration of the monument to be a protected monument.

(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 Official Gazette the ancient and historical monument to be a protected monument.

(4) A notification published under sub-section (3) shall, unless and until it is withdrawn by the State Government, be conclusive evidence of the fact that the ancient and historical monument to which it relates is a protected monument for the purposes of this Act.

SECTION 05: ACQUISITION OF RIGHTS IN A PROTECTED MONUMENT

(1) The Collector 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 Collector 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 Collector the guardian of the monument, and the Collector may, with the sanction of the State Government, accept such guardianship.

(4) When the Collector has accepted the guardianship of a monument under sub-section (3), the owner shall, except as expressly provided by this Act, have the same estate, right, title and interest in or to the monument, as if the Collector had not been constituted a guardian thereof.

(5) When the Collector 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 instrument executed under the said sub-section.

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

SECTION 06: PRESERVATION OF PROTECTED MONUMENT BY AGREEMENT

(1) The Collector may, with the previous sanctions of the State Government, propose to the owner of a protected monument to enter into an agreement with the State Government, within a specified period, for the maintenance of the monument.

(2) Any agreement under this section may provide for all or any of the following matters, that is to say,-

(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, or to person deputed by the owner the Director 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 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, at 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 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.

(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.

SECTION 07: 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 under 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 under 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, is periodically used for religious worship or observances of that religion.

SECTION 08: 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 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 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.

SECTION 09: FAILURE OR REFUSAL TO ENTER INTO AN AGREEMENT ORDER OF THE STATE GOVERNMENT FOR COMPLIANCE WITH SEC.6 (2) IN CERTAIN CASES.

(1) If any owner 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 State Government may make an order providing for all or any of the matter 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 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.

SECTION 10: POWER TO MAKE ORDER PROHIBITING CONTRAVENTION OF AGREEMENT UNDER SECTION 6

(1) If the Collector apprehends that the owner or occupier of a protected monument intends to destroy, remove, alter, 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 6, the Collector may, after giving the occupier or occupiers 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 Collector, for reasons to be recorded in writing, 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, and the decision of the State Government shall be final.

SECTION 11: ENFORCEMENT AGREEMENT

(1) If the 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 Collector may fix, to do any act which in the opinion of the Collector is necessary for the maintenance of the monument, the Collector 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.

SECTION 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 is 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 executes any such instrument, shall be bound by such instrument.

SECTION 13: ACQUISITION OF PROTECTED MONUMENTS,1 OF 1894

If the State Government apprehends that a protected monument is in danger of being destroyed, injured, misused or allowed to fall into decay it may acquire the protected monument under the provisions of the Land Acquisition Act, 1894 or any law corresponding thereto in force in any part of the State, as if the maintenance of the protected monument were a public purpose within the meaning of that Act.

SECTION 14: MAINTENANCE OF CERTAIN MONUMENTS

(1) The State 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 Collector 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, 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.

SECTION 15: VOLUNTARY CONTRIBUTIONS AND APPLICATION THEREOF

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.

SECTION 16: PROTECTION OF PLACE OF WORSHIP FROM MISUSE POLLUTION OR DESECRATION

(1) A 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 protected monument under section 13, or where the Collector 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

(a) by prohibiting the entry therein, except in accordance with the conditions prescribed with the concurrence of the person, if any, in charge of the said monument or part thereof, and connected with any religious practice or observances in relation thereto, of any person not entitled so to enter by the religious usages of the community by which the monument or part thereof is used, or

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

SECTION 17: PRESERVATION OF AMENITIES OF PROTECTED MONUMENTS

(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 provision of this section, by notification in the Official Gazette, in respect of any area comprising 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 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:

(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, rubbish dump 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 subsection (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 taluka or mahal of the district in which the controlled area is situated, a notification stating that it proposes to issue a notification in terms of subsection (1), together with a notice requiring all persons affected by such notification, who wish to make any objection to the issuing of such a 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 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 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 such objection has been made, the State Government may, after all the objections have been considered or heard, as the case may be, either:-

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

(b) issue the notification under sub-section (1) with such modifications (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 above ground 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 subsection (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 provision of section 29, be entitled to obtain compensation in respect thereof from the State Government.

SECTION 18: WITH THE SANCTION OF THE STATE GOVERNMENT, THE COLLECTOR MAY:-

(a) where rights have been acquired by the Collector in respect of any monument under this Act by virtue of any sale, lease, gift or bequest, 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 acquired ; or

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

SECTION 19: RIGHT OF ACCESS TO PROTECTED MONUMENTS

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

SECTION 20: POWER OF STATE GOVERNMENT TO DECLARE ARCHAEOLOGICAL SITES AND REMAINS TO BE PROTECTED AREAS

(1) Where the State Government is of opinion that any archaeological site and remains, not declared by or under any law made by Parliament to be of national importance, should be a protected area, it may by notification in the Official Gazette give two months' notice of its intention to declare such archaeological site and remains to be a protected area, and a copy of every such notification shall be affixed in a conspicuous place near the site and remains.

(2) Any person interested in any such archaeological site and remains may, within two months after issue of the notification, object to the declaration of the archaeological site and remains to be a protected area.

(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 Official Gazette the archaeological site and remains to be a protected area.

(4) A notification published under sub-section (3) shall, unless and until it is withdrawn, be conclusive evidence of the fact that the archaeological sites and remains to which it relates is a protected area for the purpose of this Act.

SECTION 21: RESTRICTIONS ON ENJOYMENT OF PROPERTY RIGHT 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 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 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 protected area in contravention of the provision 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.

SECTION 22: POWER TO ACQUIRE A PROTECTED AREA

.If the State Government is of opinion that any protected area contains an ancient monument or interesting and valuable antiquities, it may acquire such area under the provision of the Land Acquisition Act, 1894, or any law corresponding thereto in force in any part of the State, as if the acquisition were for a public purpose within the meaning of that Act.

SECTION 23: ARCHAEOLOGICAL EXCAVATIONS

Subject to the provision of section 24 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, an archaeological officer or any person holding a licence 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.

SECTION 24: COMPULSORY PURCHASE OF ANTIQUITIES, ETC., DISCOVERED DURING EXCAVATION OPERATION

(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;

(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 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 is made under sub-section (3), such antiquities shall vest in the State Government with effect from the date of the order.

SECTION 25: POWER OF STALE GOVERNMENT TO CONTROL MOVING OF ANTIQUITIES PROTECTION OF ANTIQUITIES

(1) If the State Government considers it necessary in the public interest that any antiquities or class of antiquities ought not to be moved from the place where they are without the sanction of the State Government, the State 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 Collector.

(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.

SECTION 26: PURCHASE OF ANTIQUITIES BY STATE GOVERNMENT

(1) If the State 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 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 purchased.

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

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

SECTION 27: PRINCIPLES OF COMPENSATION

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 State Government for such loss, damage or diminution of profits.

SECTION 28: ASSESSMENT OF MARKET VALUE OR COMPENSATION

(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 or similar provision in any law corresponding to the said Land Acquisition Act in force in any part of the State, so far as they can be made applicable;

Provided that, when making an enquiry under the said Land Acquisition Act or corresponding law, the Collector shall be assisted by two assessors, one of whom

shall be a competent person nominated by the State 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) Notwithstanding anything contained in sub-section (1) or in the said Land Acquisition Act or corresponding law, 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 24 or under sub-section (1) of section 26 any increase in the value of the antiquity by reason of its being of historical or archaeological importance shall not be taken into consideration.

SECTION 29: SPECIAL PROVISION AS TO COMPENSATION UNDER SECTION 17.

(1) No person shall be entitled to compensation in respect of any notification issued under sub-section (1) of section 17 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 such manner as may be prescribed by the State Government.

(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 provision already in force.

(4) Where any provision of such notification could, immediately before it came into force, have been validly included in a scheme, order, regulation or bylaw 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 bylaw, no compensation shall be payable in respect of that provision of the notification; and (b) if compensation would have been so payable, the compensation payable in respect of that provision of the notification shall not be grater than the compensation which would have been so payable.

(5) Any dispute as to 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 provision of section 28.

SECTION 30: MISCELLANEOUS

(1) For the purpose of advising the State Government in the matter of the preservation and maintenance of protected monuments and protected areas, and such order matters incidental to the administration of this Act as may be referred to it by the State Government, the State Government may constitute a State Advisory Board under such name as it may specify.

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

(3) The members of the Board shall be entitled to payment of such travelling allowance, as may be prescribed.

SECTION 31: DELEGATIONS OF POWERS

The State 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 the Director or such other officer not below the rank of Collector, as may be specified in the direction.

SECTION 32: POWER TO ISSUE DIRECTIONS

Notwithstanding anything contained in this Act, the State Government may from time to time issue directions for the guidance of its officer in matters connected with the administration of this Act, and the officers shall comply with such directions.

SECTION 33: PENALTIES

(1) Whoever

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

(ii) being the owner or occupier of a protected monument, contravenes an order made under sub -section (1) of section 9 or under subsection (1) of section 10, or

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

(iv) does any act in contravention of sub -section (1) of section 21 shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both,

(2) Any person who contravenes any of the provisions of a notification issued under sub-section (1) of section 17 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 twenty-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 expenses 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 25 shall, on conviction, be punished 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.

SECTION 34: 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.

SECTION 35: CERTAIN OFFENCES TO BE COGNIZABLE

Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence under clause (i) or clause (iii) of sub-section (1) section 33 shall be deemed to be a congnizable offence with in the meaning of that Code.

SECTION 36: SPECIAL PROVISION REGARDING FINE V OF 1898

Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898, it shall be lawful for any magistrate of the first class specially empowered by the State Government in 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.

SECTION 37: RECOVERY OF AMOUNTS 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 officer authorised by the State Government in this behalf, be recovered in the same manner as an arrear of land revenue.

SECTION 38: MONUMENTS AND SITES WHICH HAVE CEASED TO BE PROTECTED MONUMENTS AND PROTECTED AREAS

If the State Government is of opinion that any ancient and historical monument or archaeological site and remains declared to be a protected monument or protected area, should cease as to be such monument or area, it may by notification in the Official Gazette declare that the ancient and historical monument or archaeological site and remains has ceased to be a protected monument or a protected area, and thereupon such monument or area shall cease to be a protected monument or protected area for the purposes of this Act.

SECTION 39: POWER TO CORRECT MISTAKES, ETC

Any clerical mistake, patent error arising from accidental slip or omission in the description of any ancient and historical monument or archaeological site and remains declared to be a protected monument or a protected area by or under this Act may, at any time, be corrected by the State Government, by notification in the Official Gazette.

SECTION 40: PROTECTION OF ACTION TAKEN UNDER THIS ACT

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 the exercise of any power conferred by this Act.

SECTION 41: POWERS 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 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 licence and permission to make excavations for archaeological purposes in 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 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 24;

(e) the form in which application for permission under section 21 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 excavation and other like operations for archaeological purposes may be carried on;

(i) the constitution, the term of office of the members and the procedure of the State Advisory Board and the travelling allowance payable to its members;

(j) any other matter which is to be or may be prescribed.

(3) Any rale 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-sec. (2), with imprisonment for a term 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 -sec. (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-sec. (2), with fine which may extend to five hundred rupees.

(4) All rules made under this section shall be laid before each House of the State Legislature as soon as possible after they are made, and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.

SECTION 42: APPLICATION OF CERTAIN OTHER LAWS NOT BARRED

Save as expressly provided, the provisions of this Act shall be in addition to, and not in derogation of, the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, in so far as it relates to entry 40 in List III in the Seventh Schedule to the Constitution of India, or any other law relating to that entry for the time being in force.

SECTION 43: REPEAL AND SAVING

On the date of commencement of this Act, the following Acts shall be repealed namely :-

(1) the Ancient Monument Preservation Act, 1904, in its application to the State of Maharashtra and in so far as it relates to entry 12 in List II and entry 40 in List III in the Seventh Schedule to the Constitution;

(2) the Ancient Monument Preservation Act, in its application to the Hyderabad area of the State of Maharashtra;

Provided that such repeal shall not affect;-

(a) the previous operation of any Act so repealed;

(b) any right, privilege, obligation or liability acquired, accrued or incurred under any Act so repealed;

(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any Act so repealed , or;

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this Act had not come into force:

Provided further that, subject to the preceding proviso and section 3, anything done or any action taken (including any appointment or delegation made, notification, declaration, direction or order issued, rule or form framed, sanction, permission or licence granted or agreement executed) under any Act repealed shall, in so far as it is not inconsistent with the provision of this Act, be deemed to have been done or taken under the corresponding provisions of this Act, and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act.

SECTION 44: ACT NOT APPLICABLE TO ANCIENT MONUMENTS, ETC., OF NATIONAL IMPORTANCE
.

(1) Nothing in this Act shall apply to ancient and historical monuments, or archaeological sites or remains, declared by or under any law made by Parliament to be of national importance, or to any antiquities to which the Ancient Monument and Archaeological Sites and Remains Act, 1958, applies.

(2) Where any ancient and historical monument or any archaeological site and remains which is a protected monument, or protected area, by or under the provisions of this Act is declared at any time by or under any law made by Parliament to be of national importance, the provisions of this Act shall cease to apply to such monument or area ; and accordingly, it shall cease to be a protected monument or area for the purposes of this Act.

ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS RULES, 1962

In exercise of the powers conferred by Section 41 of the Maharashtra Ancient Monument and Archaeological Sites and Remains Act, 1960 (Mah. XII of 1961) and in supersession of all the rules made under the Act repealed by Section 43 of the said Act with respect to the matters covered by the following rules, the Government of Maharashtra hereby makes rules, the same having been previously published as required by subsection (1) of the said Section 41, as follows, Namely:-

CHAPTER 01: PRELIMINARY

RULE 01: SHORT, TITLE, EXTENT AND COMMENCEMENT

(1) These rules may be called the Maharashtra Ancient Monuments and Archaeological Sites and Remains Rules, 1962.

(2) They extent to the whole of the State of Maharashtra.

(3) They shall come into force on the 8th day of October, 1962. XII of 1961.

RULE 02: DEFINITIONS

In these rules, unless the context otherwise requires of:-

(a) "Act" means the Maharashtra Ancient Monuments and Archaeological Sites and Remains Act, 1960;

(b) "Board" means the State Advisory Board constituted under subsection (1) of Section 30;

(c) "construction" means the construction of any structure and includes addition to, or alteration of, an existing building ;

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

(e) "filming", together with its grammatical variations and cognate expressions, means the preparation of a cinematographic film with aid of a camera which is capable of taking films of more than eight millimetres and which requires the use of a stand or involves other special previous arrangements;

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

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

(h) "Schedule "means a Schedule to these rules;

(i) "Section" means a section of the Act.

RULE 03: MONUMENTS GOVERNED BY AGREEMENTS

(1) Access to protected monuments in respect of which an agreement has been entered into between the owner and the State Government under Section 6, or in 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 noting in rules 4, 5 or 6 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.

RULE 04: POWER TO KEEP CLOSED ANY MONUMENT OR PART THEREOF TEMPORARILY

Closure of the monument by written order of the Director If the opinion of the Director an emergency exists requiring temporary closure of any protected monument or part thereof to the public, he may, by order direct that a protected monument or any part thereof shall not be open during such period as may be specified by him to any person other than an Archaeological Officer, his agents, subordinates and workmen and any other Government servant on duty at such monument or part thereof;

RULE 05: MONUMENT WHEN KEPT OPEN

Monuments kept open during specified hours

(1) Protected monuments which are intended to be kept open during any specified hours shall be notified by the Director in the Official Gazette in the manner as set out in the First Schedule ; protected monuments to which neither rule 3 nor rule 4 applies shall remain open from sunrise to sunset;

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

RULE 06: ENTRANCE FEE

Entry only on payment of entrance fee The protected monuments or any part thereof, entry into which can be had only on payment of fee shall be notified by the State Government in the Official Gazette in the manner as set out in the Second Schedule; and no person above the age of fifteen years shall enter any such protected monument or part thereof except on payment of a fee of fifteen paise;

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 a protected monument or part thereof.

RULE 07: HOLDING OF MEETINGS ETC. IN MONUMENTS

Meetings barred except with permission.

(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 State Government.

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

RULE 08: PROHIBITION OF CERTAIN ACTS WITHIN MONUMENTS

Certain acts within a protected monument prohibited

(1) No person shall, within a protected monument

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

(b) discharge any fire-arm ; or

(c) cook or consume food except in areas, if any, permitted to be used for that purpose by the Director or an Archaeological Officer; or

(d) hawk or sell goods or wares or canvass 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 licence granted by, an Archaeological Officer; 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 areas reserved for the parking thereof.

RULE 09: PENALTY

Whoever Unlawful entry penalised -

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

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

(iii) contravenes any of the provisions of rule 7 or rule 8, shall, on conviction, be published with fine which may extend to five hundred rupees.

RULE 10: APPLICATION FOR PERMISSION UNDER SECTION 21 (1) FOR CONSTRUCTION OR CARRYING ON MINING OPERATIONS

Every application for permission of the State Government under sub-section, (1) of Section 21 shall be made in Form 1, at least three months before the date of commencement of the construction or, as the case may be, mining operation for which the permission is required.

RULE 11: LICENCE REQUIRED FOR EXCAVATION

Act of 1958 Entry for excavation restricted Subject to the provisions of Section 24 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, no person other than an Archaeological Officer or an officer authorised by him in this behalf shall enter upon and make excavations for archaeological purposes in any protected area, except under and in accordance with the terms and conditions of a licence granted under rule 13.

RULE 12: APPLICATION FOR EXCAVATION LICENCE

Application in Form II, Every application for a licence under rule 13 shall be made in Form II to the Director, at least four months before the date proposed for the commencement of the excavation operations.

RULE 13: GRANT OR REFUSAL OF LICENCE

Licence granted on Form III; Security not exceeding Rs. 10,000 statuary (1) On receipt of an application under rule, 12 the Director may grant a licence in Form HI if he is satisfied that, having regard to the status of the applicant, the competence of the Director or excavation operations, the adequacy of the staff to be employed and other relevant factors, the licence may be granted to the applicant:

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

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

RULE 14: PERIOD OF LICENCE

Every licence granted under rule 13 shall be in force for such period not exceeding three years as may be specified in the licence :

Provided that, the Director may, on application made to him at least one month before the expiry of a licence, extend its period by one year at a time so that the aggregate period does not exceed five years.

RULE 15: CANCELLATION OF LICENCE

When could a licence be cancelled? The Director may, by order cancel a licence granted under rule 13, if he is satisfied that the conduct of the excavation operation has not been satisfactory or in accordance with conditions of the licence, or if any further security demanded under rule 18 has not been deposited within the specified time:

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

RULE 16: CONDITIONS OF LICENCE

Licence granted subject to the Act, rules and conditions stated herein Every licence granted under rule 13 shall be subject to the provisions of the Act and these rules and the following conditions, namely: -

(a) the licence shall not be transferable;

(b) the licencee shall give to the Director, to 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 licencee shall produce the licence, before the Collector 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 in the licence, who shall be present at the excavation operations for at least three-fourth of the period of the operations;

(e) the licencee shall not, without the permission of the Director, 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;

(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;

(g) an Archaeological Officer or his representative shall be allowed to inspect the excavation operations or any antiquities required during the operations and make notes on, or copy or film the excavated structure 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;

(i) 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 a summary report of the results of the excavation operations, 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 to publish the report or reviews; and

(k) the licensee shall, as soon as practicable, submit a report in Form IV to the State Government through the Director of the antiquities recovered during the excavation operations.

RULE 17: RECOVERY FROM SECURITY

Compensation to be recovered from security Where, by reason of the excavation operations carried on by the licensee, any compensation becomes payable under Section 27 to the owner or occupier of the land excavated, the Director may, by order direct that an amount equal to such compensation shall be deducted from the amount of security furnished by the licensee under rule 13.

RULE 18: DEMAND FOR FURTHER SECURITY

Demand for additional security Where, during the currency of a licence, any amount has been recovered under rule 17, the Director may require the licensee, within such time as he may specify in that behalf, to deposit such further sum as security as is equivalent to the amount so recovered.

RULE 19: APPEAL

Any person aggrieved by an order of the Director under rule 13 or rule 15 or rule 17 may prefer an appeal to the State Government, whose decision on such appeal shall be final.

RULE 20: RETURN OF SECURITY

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

RULE 21: PUBLICATION OF RESULTS OF EXCAVATION

(1) The licensee shall publish the results of his excavation operations within such period as may be specified in that behalf by the Director;

(2) Save as otherwise provide in clause (I) of rule 16, the Director shall not publish such results without the consent of the licensee, unless the licensee has failed to publish them within the period specified under sub-rule (1)

RULE 22: RETENTION OF ANTIQUITY BY LICENSEE

The State Government may, 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 and antiquities, which in the opinion of the State Government are of historical or archaeological importance, shall not be permitted to be retained by the licensee.

RULE 23: PENALTY

Whoever-

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

(ii) contravenes any of the conditions of a licence granted under rule 13, shall on conviction, be punished with fine which may extend to five thousand rupees.

RULE 24: FORM OF REPORT BY AN ARCHAEOLOGICAL OFFICER

Where, as a result of an excavation made by an Archaeological Officer in any area under Section 23, any antiquities are discovered, the Archeological Officer shall, as soon as practicable, submit a report in Form V to the State Government through the Director, on the antiquities recovered during the excavation.

RULE 25: MOVING OF ANTIQUITIES FROM CERTAIN AREAS

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 Collector, at least three months before the date on which it is desired to move them.

RULE 26: GRANT OR REFUSAL OF PERMISSION

On receipt of an application under rule 25, the Collector may, after making such inquiry as he may deem necessary and consulting the Director grant permission for the moving of all or any of the antiquities or, for reasons to be recorded, refuse such permission.

RULE 27: APPEAL

Any person aggrieved by an order of the Collector under rule 26 may prefer an appeal to the State Government, whose decision on such appeal shall be final.

RULE 28: LICENCE REQUIRED FOR CONSTRUCTION AND MINING OPERATIONS ADJOINING OR NEAR PROTECTED MONUMENTS

No person other than an Archaeological Officer shall undertake any mining operations near a protected monument or any construction on land adjoining such monument, except under and in accordance with the terms and conditions of a licence granted by the Director.

RULE 29: APPLICATION FOR LICENCE

Application on Form VII to the Director Any person intending to undertake any mining operation or any construction as aforesaid may apply to the Director in Form VII at least three months before the date of commencement of such operation or construction.

RULE 30: GRANT OR REFUSAL OF LICENCE

Grant of licence on Form VIII

(1) On receipt of an application under rule, 29 the Director may grant a licence in Form VIII if he is satisfied that the proposed operation or construction will not destroy or deface the protected monument or any reasonable amenities of such monument.

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

(3) Every licence granted under sub-rule (1) shall be subject to the provisions of the Act and these rules and the following conditions, namely:-

(a) the licence shall not be transferable ;

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

(c) any other conditions relating to the manner of carrying out the mining operation or the construction which the Director may specify in the licence for ensuring the safety and appearance of, and the maintenance of the approach and access to, the protected monument.

RULE 31: CANCELLATION OF LICENCE

The Director may, by order, cancel a licence granted under rule 30, if he is satisfied that any of its conditions has been violated:

Provided that, no licence shall be cancelled unless the licencee has been given an opportunity of being heard.

RULE 32: APPEAL

Any person aggrieved by an order of the Director made under rule 30 or rule 31 may prefer an appeal to the State Government, whose decision on such appeal shall be final.

RULE 33: REMOVAL OF UNAUTHORISED BUILDINGS

(1) The State Government may, by order, direct the owner or occupier of any building or part thereof which has been constructed in contravention of any of the conditions of a licence granted under rule 30 to remove such building or part thereof within a period specified in that order.

(2) If the owner or occupier refuses or fails to comply with an order made under sub-rule (1), the State Government may direct the Collector 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.

RULE 34: PENALTY

Whoever: -

(i) unlawfully undertakes any mining operations or construction near or adjoining a protected monument, or

(ii) contravenes any of the conditions of licence granted under rule 30, or

(iii) fails or refuses to comply with an order made under sub-rule (1) of rule 33. - shall, on conviction, be punished with imprisonment which may extend to three months or with fine which may extend to five thousand rupees, or with both.

RULE 35: FURTHER REGULATION OF RIGHT OF ACCESS

The right of access of the public to a protected monument shall be subject to the provision of the additional rules prescribed in this Chapter.

RULE 36: PERMISSIONS REQUIRED FOR COPYING CERTAIN MONUMENTS

The Director may, by order, direct that no person visiting any specified monument shall copy such monument or part there of, except under and in accordance with terms and conditions of a permission in writing granted by an Archaeological Officer.

RULE 37: CONDITIONS OF COPYING OTHER MONUMENTS

Restrictions as to use of certain things while copying other monuments

(1) Any person may copy a protected monument in respect of which no order under rule 36 has been made.

(2) Nothing in sub-rule (1) shall be construed as authorising any person, while copying any such monuments, 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 precinct, or

(c) use within such precincts any artificial light other than a flashlight 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 in accordance with the terms and conditions of a permission in writing granted by an Archaeological Officer.

RULE 38: LICENCE REQUIRED FOR FILMING

Compliance with the terms of licence. No person visiting a protected monument shall undertake any filming operation at the protected monument or part thereof, except under and in accordance with the terms and conditions of licence granted under rule 40.

RULE 39: APPLICATION FOR LICENCE

Filming subject to grant of licence Every person intending to undertake any filming operation at a protected monument shall apply to the Director in Form IX at least three months before the proposed date of the commencement of such operation.

RULE 40: GRANT OR REFUSAL OF LICENCE

Form X for grant of licence

(1) On receipt of an application under rule 39, the Director may grant a licence in Form X if he is satisfied that Provided that, the Director shall not grant any licence 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) The Director may, by order, for reasons to be recorded in writing refuse to grant a licence in any particular case.

(3) Every licence granted under sub-rule (1) shall be subject to the provisions of the Act and these rules and the following conditions, namely: -

(a) the licence 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 of garden to the risk or damage ;

(c) the filming operation shall be restricted to that part of the monument in respect of which the licence 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 lawns or garden. Here specify guides for the Director.

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

(g) any other condition which the Director may specify in the licence.

RULE 41: CANCELLATION OF LICENCE

The Director may, by order, cancel a licence granted under rule 40 if he is satisfied that any of its conditions has been violated:

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

RULE 42: APPEAL

Any person aggrieved by an order of the Director made under rule 40 or rule 41 may prefer an appeal to the State Government, whose decision on such appeal, shall be final.

RULE 43: CERTAIN RULES NOT AFFECTED

Nothing in rule 37 and no provision of a permission granted under rule 36 or of a licence granted under rule 40 shall affect the operation of rules 3,4,5,6,7,8, and 9.

RULE 44: 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 licence granted thereunder shall3[on conviction] be punished with fine which may extend to five hundred rupees.

RULE 45: NAME AND CONSTITUTION OF BOARD

(1) The Board to be constituted by the State Government under section 30 shall be called by the name of the Maharashtra State Board of Archieves and Archaeology and shall consist of the President and other members, as follows, namely :-

(a)The Secretary to the Government of Maharashtra or any other officer of his status in charge of Education Department as may be specified by Government.

Ex-Officio President

(b) The Director of Archieves and Historical Monuments.

(c) Eight persons to be nominated by the State Government, on the recommendation of the Director, of whom four shall be representing archival interests and four archaeological interests.

(2) The Board may associate with itself for any particular purpose or area such number of expert Co-opted Members not exceeding ten and such number of associate members not exceeding ten, as the Board may deem fit to appoint.

RULE 46: TERMS OF OFFICE OF MEMBERS

Tenure of office

(1) The term of office of the members of the Board nominated under clause (c) of sub-rule (1) of the last preceding rule shall ordinarily be three years extensible by order of the State Government to a term not exceeding in the aggregate five years.

(2) An expert Co-opted Member appointed by the Board shall hold office for one year or till the next annual meeting of the Board, whichever is earlier, and be eligible for re-appointment.

(3) An Associated member appointed by the Board shall hold office till the next annual meeting of the Board, and be eligible for reappointment.

(4) Any vacancy of a member or Expert Co-opted Member or Associate Member shall be filled as early as practicable by the 4[Board] but any person nominated or appointed to fill up the vacancy shall hold office for the unexpired period of office of the person in whose place he is nominated, or appointed, as the case may be.

RULE 47: APPOINTMENT OF ASSISTANT SECRETARIES

The Director may nominate,4[from among the members] of his staff, two persons to function as the assistant secretaries of the Board, one representing the Achieves and the other the Archaeology Department.

RULE 48: MEETING OF BOARD

Annual meeting in November / December

(1) The Board shall hold its annual meeting in November or December at a place and time decided at the last such meeting and if no such place and time are fixed or they are found inconvenient by the ; President at such other place or time as the President may decide:

Provided that, the first meeting of the Board after its constitution shall be held within two months from the date of its constitution at such place and time as the President may decide.

(2) The Board may hold such other meetings at such places and times for disposal of any urgent matter as the President may decide.

(3) Every meeting of the Board shall be presided over by the President and his absence by such one of the Members present as may be chosen by the meeting to be the chairman for the occasion.

5[(4) No business shall be transacted at any meeting of the Board unless at least three members thereof are present from the beginning to the end of such meeting:

Provided that, no quorum shall be necessary for the transaction of business at any adjoined meeting;

Provided further that no business which was not on the agenda of the original meeting shall be brought before such adjourned meeting.]

RULE 49: TRAVELLING ALLOWANCES TO MEMBERS

The members of the Board nominated under clause (c) of sub-rule (1) of rule 45, the -Expert Co-opted Members and the Associated Members shall be entitled to payment of travelling allowance in accordance with scale I in rule 1 (I)(b) in Section 1 of Appendix XLII-A of the Bombay Civil Services Rules, 1959, Volume II, for journeys performed by them to attend any meeting of the Board or to discharge any functions entrusted to them by the Board.

RULE 50: MANNER OF PREFERRING AN APPEAL

(1)6[Every appeal to the State Government under the Act or under these rules shall be preferred in form XI within one month of the date of receipt of the order appealed against ]:

Provided that the time required for obtaining copies of the order appealed against shall be excluded in computing the period of one month.]

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

RULE 51: SERVICE OF ORDERS AND NOTICES

Procedure for service of orders Every order or notice made or issued under the Act or under 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 in the manner provided for the service of summons in rule 2 of Order XXIX of rule 3 of Order XXX, as the case may be, in the First Schedule to the Code of Civil Procedure, 1908 ; and

(c) in the case of any order or notice affecting an individual person, be served on such person; -

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

(ii) if it cannot be so delivered or tendered, by delivering or tendering it to any adult member of the family of such person or any affixing a copy thereof on the

outer door at 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

(iii) by sending it by registered post, acknowledgment due.

Maharashtra State Acts


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