Back
KARNATAKA ANCIENT AND HISTORICAL MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS ACT, 1961
KARNATAKA ANCIENT AND HISTORICAL MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS ACT, 1961
7 of 1962
1st November, 1955
An Act to provide for the preservation of ancient and historical monuments and Archaeological sites and remains and for the protection of sculptures, carvings and other like objects in the State of Karnataka. Whereas, it is expedient to provide for the preservation of ancient and historical monuments and archaeological sites and remains in the State of Karnataka other than those declared by or under law made by Parliament to be of national importance, and for the protection of sculptures, carvings and other like objects; Be it enacted by the Karnataka State Legislature in the Twelfth year of the Republic of India as follows.
Section1 Short title, extent and commencement
(1) This Act may be called the Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961
(2) It extends to the whole of the State of Karnataka.
(3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.
Section2 Definitions
In this Act, unless the context otherwise requires.
(1) "Ancient 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 one hundred years, and includes.
(i) the remains of an ancient monument;
(ii) the site of an ancient monument;
(iii) such portion of land adjoining the site of an ancient monument as may be required for fencing or covering in or otherwise preserving such monument; and
(iv) the means of access to, and convenient inspection of, an ancient monument; but shall not include ancient and historical monuments declared by or under law made by Parliament to be of national importance.
(2) "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 or morals in by-gone ages;
(iv) any article, object or thing of historical interest; and
(v) any article, object or thing declared by the 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 one hundred years.
(3) "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 one hundred years, and includes.
(i) such portion of land adjoining the area as may he required for fencing or covering in or otherwise preserving it; and
(ii) the means of access to, and convenient inspection of, the area.
(4) "Director" means the Director of Archaeology, and includes any officer authorised by the Government to perform the duties of the Director;
(5) "Government" means the State Government;
(6) "Maintain" with its grammatical variations and cognate expressions, includes the fencing, covering in, repairing, restoring and cleansing of a protected monument, and the doing of any act which may be necessary for the purpose of preserving a protected monument or of securing convenient access thereto;
(7) "Owner" includes.
(i) 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
(ii) any manager or trustee exercising powers of management and the successor-in-office of any such manager or trustee;
(8) "Prescribed" means prescribed by rules made under this Act;
(9) "Protected area" means any archaeological site and remains which is declared to be protected under this Act;
(10) "Protected monument" means an ancient monument which is declared to be protected by or under this Act. Protected Monuments
Section3 Ancient and historical monuments and archaeological sites and remains deemed to be protected monuments and areas
All ancient and historical monuments and all archaeological sites and remains which have been declared by the Ancient Monuments Preservation Act, 1904 (Central Act VII of 1904), or the Ancient Monuments Preservation Act, 1337F (Hyderabad Act VIII of 1337 Fasli) or the Karnataka Ancient Monuments Preservation Act, 1925 (Karnataka Act IX of 1925), to be protected monuments but which have not been declared by or under law made by Parliament to be of national importance, shall be deemed to be ancient and historical monuments or archaeological sites and remains declared to be protected monuments or protected areas, as the case may be, under this Act.
Section4 Power of Government to declare ancient monuments to be protected monuments
(1) Where the Government is of opinion that any ancient monument should be declared as a protected monument, it may, by notification in the Official Gazette, give two months' notice of its intention to declare such ancient monument to be a protected monument and a copy of every such notification shall be affixed in a conspicuous place near the monument.
(2) Any person interested in any such ancient monument may within two months after 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 Government may, after considering the objections, if any, received by it, declare by notification in the Official Gazette, the ancient monument to be a protected monument.
(4) A notification published under sub-section (3) shall, unless and until it is withdrawn, be conclusive evidence of the fact that the ancient monument to which it relates is a protected monument for the purposes of this Act.
Section5 Acquisition of rights in a protected monument
(1) The Director may, with the sanction of the Government, purchase or take a lease of, or accept a gift or bequest of, any protected monument.
(2) Where a protected monument is without an owner, the Director may by notification in the Official Gazette, assume the guardianship of the monument.
(3) The owner of any protected monument may, by written instrument, constitute the Director the guardian of the monument, and the Director may, with the sanction of the Government, accept such guardianship.
(4) When the Director has accepted the guardianship of a monument under sub-section (3), the owner shall, except as expressly provided in this Act, have the same estate, right, title and interest in and to the monument as if the Director had not been constituted a guardian thereof.
(5) When the Director 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.
Section6 Preservation of protected monument by agreement
(1) The Deputy Commissioner when so directed by the Government, shall propose to the owner of a protected monument to enter into an agreement with the 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 or to any officer of the Department of Archaeology or to persons deputed by the Director or the Deputy Commissioner or the owner to inspect or maintain the monument;
(e) the notice to be given to the 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 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 Government in connection with the maintenance of the monument;
(g) the proprietory or other rights which are to vest in the Government in respect of the monument when any expenses are incurred by the 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 Government.
(3) The 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 the owner shall pay to the 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, in the case of an agreement which has been in force for more than five years, or, if the agreement has been in force for not more than five years during the period the agreement was in force.
(4) An agreement under this section shall be binding on any person claiming to be owner of the monument to which it relates from, through or under a party by whom or on whose behalf the agreement was executed.
Section7 Owners under disability or not in possession
(1) If the owner of a protected monument is unable, by reason of infancy or any other disability, to act for himself, the person legally competent to act on his behalf may exercise the powers conferred upon an owner by Section 6.
(2) In the case of village property, the village officer or any other person exercising powers of management over such property may exercise the powers conferred upon an owner by Section 6.
(3) Nothing in this section shall be deemed to empower any person not being of the same religion as the person on whose behalf he is acting to make or execute an agreement relating to a protected monument which or any part of which is periodically used for the religious worship or observances of that religion.
Section8 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 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.
Section9 Failure or refusal to enter into an agreement
(1) If any owner or other person competent to enter into an agreement under Section 6 for the maintenance of a protected monument refuses or fails to enter into such agreement, the Government may make an order providing for all or any of the matters specified in sub-section (2) of Section 6, and such order shall be binding on the owner 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 Government.
(3) No order under sub-section (1), shall be made unless the owner or other person has been given a reasonable opportunity of making a representation in writing against the proposed order.
Section10 Power to make order prohibiting contravention of agreement under Section 6.
(1) If the Director 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 Director may after giving the owner or occupier a reasonable 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 Government within such time and in such manner as may be prescribed and the decision of the Government shall be final.
Section11 Enforcement of agreements
(1) If an owner or other person who is bound by an agreement for the maintenance of a monument under Section 6 refuses or fails within such reasonable time as the Director 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 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 Government whose decision shall be final.
Section12 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 executed any such instrument, shall be bound by such instrument.
Section13 Acquisition of protected monument.
If the 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, as if the maintenance of the protected monument were a public purpose within the meaning of that Act.
Section14 Maintenance of certain protected monuments
(1) TheGovernment shall maintain every monument which has been acquired under Section 13 or in respect of which any of the rights mentioned in Section 5 have been acquired.
(2) When the Director has accepted 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.
Section15 Voluntary contributions
The Director may receive voluntary contributions towards the cost of maintaining a protected monument and may give orders as to the management and application of any funds so received by him:
Provided that no contribution received under this section shall be applied to any purpose other than the purpose for which it was contributed.
Section16 Protection of place of worship from misuse, pollution or desecration.
(1) A protected monument maintained by the 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 Government has acquired a protected monument under Section 13, or where the Director 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 Deputy Commissioner shall make due provision for protection of such monument or such part thereof, from pollution of desecration.
(a) by prohibiting the entry therein, except in accordance with conditions prescribed with the concurrence of the persons, if any, in religious charge of the said monument or part thereof, of any person not entitled so to enter by the religious usages of the community by which the monument or part thereof is used; or
(b) by taking such other action as he may think necessary in this behalf.
Section17 Relinquishment of Government rights in a monument
With the sanction of the Government, the Director may.
(a) where rights have been acquired by the Director in respect of any monument under this Act by virtue of any sale, lease, gift or will, relinquish, by notification in the Official Gazette, the rights so acquired to the person who would for the time being be the owner of the monument if such rights had not been acquired; or
(b) relinquish any guardianship of a monument which he has accepted under this Act.
Section18 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
Section19 Power of Government to declare archaeological site and remains to be protected area.
(1) Where the Government is of opinion that any archaeological site and remains should be declared as 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 the issue of the notification, object to the declaration of the archaeological site and remains to be protected area.
(3) On the expiry of the said period of two months, the 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 site and remains to which it relates is a protected area for the purposes of this Act.
Section20 Restrictions on enjoyment of property rights in protected areas
(1) No person, including the owner or occupier of a protected area, shall construct any building within the protected area or carry on any mining, quarrying, excavating, blasting or any operation of a like nature in such area, or utilise such area or any part thereof in any other manner without the permission of the 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 Government may, by order, direct that any building constructed by any person within a protected area in contravention of the provisions of sub-section (1) shall be removed within a specified period and, if the person refuses or fails to comply with the order, the Deputy Commissioner may cause the building to be removed and the person shall be liable to pay the cost of such removal.
Section21 Power to acquire a protected area
If the Government is of opinion that any protected area contains an ancient monument or antiquities of national interest and value, it may acquire such area under the provisions of the Land Acquisition Act, 1894, as if the acquisition were for a public purpose within the meaning of that Act. Protection of Antiquities
Section22 Power of Government to control moving of antiquities
(1) If the Government considers that any antiquities or class of antiquities ought not to be moved from the place where they are without the sanction of the Government, the Government may, by notification in the Official Gazette, direct that any such antiquity or any class of such antiquities shall not be moved except with the written permission of the Director.
(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 Government whose decision shall be final.
Section23 Purchase of antiquities by Government
(1) If the Government apprehends that any antiquity mentioned in a notification issued under sub-section (1) of Section 22 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 Government may make an order for the compulsory purchase of such antiquity at its market value and the Deputy Commissioner 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 Government with effect from the date of 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. Principles of Compensation
Section24 Compensation for loss or damage
Any owner or occupier of land who has sustained any loss or damage or any dimunition of profits from the land by reason of any entry on, or excavation in, such land, or the exercise of any other power conferred by this Act, shall be paid compensation by the Government for such loss, damage or dimunition of profits.
Section25 Assessment of market value or compensation
(1) The market value of any property which the Government is empowered to purchase at such value under this Act or the compensation to be paid by the 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, 46, 47, 51 and 52 of the Land Acquisition Act, 1894, insofar as they can be made applicable:
Provided that, when making an enquiry under the said Land Acquisition Act, the Deputy Commissioner shall be assisted by two assessors one of whom shall be a competent person nominated by the Government and one 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 Deputy Commissioner in this behalf, by the Deputy Commissioner.
(2) Notwithstanding anything contained in sub-section (1) or in the Land Acquisition Act, 1894, in determining the market value of any antiquity in respect of which an order of compulsory purchase is made under sub-section (1) of Section 23, any increase in the value of the antiquity by reason of its being of historical or archaeological importance shall not be taken into consideration. Miscellaneous
Section26 Penalties
Whoever.
(1) (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 sub-section (1) of Section 10; or
(iii) removes from a protected monument any sculpture, carving, image, bas-relief, inscription or other like object;
(iv) does any act in contravention of sub-section (1) of Section 20; shall be punishable with imprisonment which may extend to three months, or with fine which may extend to two thousand rupees, or with both.
(2) Any person who moves any antiquity in contravention of a notification under sub-section (1) of Section 22 shall be punishable with imprisonment which may extend to three months or fine which may extend to five hundred rupees or with both, and the Court convicting a person of any such contravention may by order direct that such antiquity shall be forfeited to Government.
Section27 Jurisdiction to try offences
No Court inferior to that of a Magistrate of the first class shall try any offence under this Act.
Section28 Certain offences to be cognizable.
Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Central Act V of 1898), an offence under clause (i) or clause (iii) of Section 26 shall be deemed to be a cognizable offence within the meaning of that Code.
Section29 Recovery of amounts due to the Government
Any amount due to the Government from any person under this Act may, on a certificate issued by the Director, be recovered in the same manner as an arrear of land revenue.
Section30 Protection of action taken under the 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.
Section31 Power to make rules
(1) The Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely.
(a) the prohibition or regulation by licensing or otherwise of mining, quarrying, excavating, blasting or any operation of a like nature near a protected monument or the construction of buildings on land adjoining such monument and the removal of unauthorised buildings;
(b) the right of access of the public to a protected monument and the fee, if any, to be charged therefor;
(c) the form in which applications for permission under Section 20 or Section 22 may be made and the particulars which they should contain;
(d) the form and manner of preferring appeals under this Act and the time within which they may be preferred;
(e) the manner of service of any order or notice under this Act;
(f) any other matter which is to be or may be prescribed.
(3) Any rule made under this section may provide that a breach thereof shall be punishable.
(i) in the case of a rule made with reference to clause (a) of sub-section (2), with imprisonment which may extend to three months, or with fine which may extend to two 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 hundred rupees.
(4) Every rule made under this section shall be laid as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Section32 Repeal and savings
The Ancient Monuments Preservation Act, 1904 (Central Act VII of 1904), insofar as it relates to matter covered by Entry 12 of List II of the Seventh Schedule to the Constitution, the Ancient Monuments Preservation Act, 1337 F (Hyderabad Act VIII of 1337 Fasli), as in force in the Hyderabad Area, the Karnataka Ancient Monuments Preservation Act, 1925 (Karnataka Act IX of 1925), as in force in the Mysore Area, are hereby repealed:
Provided that the provisions of Section 6 of the Mysore General Clauses Act, 1899 (Mysore Act III of 1899), shall be applicable in respect of the repeal of the said enactments and Section 24 of the said Act shall be applicable as if the said enactments had been repealed and re-enacted by this Act.
Section33 Act in addition to and not in derogation of Central Act 24 of 1958
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.
RULE
KARNATAKA ANCIENT AND HISTORICAL MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS RULES, 1966
In exercise of the powers conferred by Section 31 of the Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961 (Karnataka Act 7 of 1962), the Government of Karnataka hereby makes the following rules, the draft of the same having been previously published as required by sub-section (1) of the said section in Notification No. ED 16 SAR 64, dated the 23rd/25th November, 1965, as GSR 752 in Part IV, Section 2-C(i) of the Karnataka Gazette, dated the 9th December, 1965, namely
CHAPTER 1 CHAPTER
Rule1 Title
These rules may be called the Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains Rules, 22. Read for "1964" by GSR 1166, dated 19-9-1966 [1966].
Rule2 Definitions
In these rules, unless the context otherwise requires.
(a) "Act" means the Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961 (Karnataka Act 7 of 1962);
(b) "Construction" of any structure includes additions to or alterations of an existing building;
(c) "Copying", together with its grammatical variations and cognate expressions, means the preparation of copies by drawing or by photography or by mould or by squeezing and includes the preparation of a cinematographic film with the aid of a hand camera which is capable of taking films of not more than eight millimetres and which does not require the use of a stand or involve any special previous arrangement;
(d) "Filming", together with its grammatical variations and cognate expressions, means the preparation of cinematographic film with the aid of camera which is capable
(e) "Form" means a form set out in the Schedule;
(f) "Mining operation" means any operation for the purpose of searching for or obtaining minerals and includes quarrying, excavating, blasting and any operation of a like nature;
(g) "Prohibited area" or "Regulated area" means an area near or adjoining a protected monument which the State Government has, by notification in the Official Gazette, declared to be a prohibited area, or, as the case may be, a regulated area, for purposes of mining operation or construction or both;
(h) "Schedule" means a Schedule appended to these rules; and
(i) "Section" means a section of the Act.
CHAPTER 2 Access to Protected Monuments
Rule3 Monuments governed by agreement
(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 the Government under Section 9, shall be governed by the provisions of the agreement or, as the case may be, the order; and nothing in Rules 4 or 5 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.
Rule4 Parts of Monuments not open
The Director may, by order, direct that any specified part of a protected monument shall not be open, permanently or for a specified period, to any person other than the Director, his agents, subordinates and workmen and any other Government servant on duty at such part.
Rule5 Holding of meetings, etc., in monuments
(1) No protected monuments 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 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.
Rule6 Prohibition of certain acts within monuments
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-arms; or
(c) cook or consume food except in areas, if any permitted to be used for that purpose; or
(d) hawk or sell any goods or wares or canvas any customer 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 the Director, 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.
Rule7 Penalty
Whoever.
(i) unlawfully enters any protected monument or part thereof at a time when, under these rules, it is not to be kept open; or
(ii) contravenes any of the provisions of Rule 5 or Rule 6; shall be punishable with fine which may extend to five hundred rupees.
CHAPTER 3 Moving of Antiquities from certain Areas
Rule8 Application for moving antiquities
Every application for permission to move any antiquities or any class of antiquities in respect of which a notification has been issued under sub-section (1) of Section 22 shall be made in Form 1 to the Director at least three months before the proposed date of the moving.
Rule9 Grant or refusal of permission
On receipt of an application under Rule 8, the Director may, after making such enquiry as he may deem necessary, grant permission for the moving of all or any of the antiquities or, for reasons to be recorded, refuse such permission.
Rule10 Appeal
Any person aggrieved by an order of the Director under Rule 9, may prefer an appeal to the Government and the decision of the Government on such appeal shall be final.
CHAPTER 4 Mining Operation and Construction near Protected Monuments
Rule11 Notice of intention to declare a prohibited or regulated area
(1)Before declaring an area near or adjoining a protected monument, to be a prohibited area or a regulated area for purposes of mining operation or construction or both, the Government shall, by notification in the Official Gazette, give one month's notice of its intention to do so, and a copy of such notification shall be affixed in a conspicuous place near the area.
(2) Every such notification shall specify the limits of the area which is to be so declared and shall also call for objections, if any, from interested persons.
Rule12 Declaration of prohibited or regulated area
After the expiry of one month from the date of the Notification under Rule 11 and aff»"r considering the objections, if any, received within the said period, the Government may declare, by notification in the Official Gazette, the area specified in the Notification under Rule 11 or any part of such area, to be a prohibited area or, as the case may be, a regulated area for purposes of mining operation or construction or both.
Rule13 Effect of declaration of prohibited or regulated area
No person other than the Director shall undertake any mining operation or any construction.
(a) in a prohibited area; or
(b) in a regulated area, except under and in accordance with the terms and conditions of a licence granted bythe Director.
Rule14 Application for licence
Every person intending to undertake any mining operation or any construction in a regulated area shall apply to the Director in Form 11 at least three months before the date of commencement of such operation or construction.
Rule15 Grant or refusal of licence
(1) On receipt of an application under Rule 14, the Director may grant a licence or, if he is satisfied that the licence asked for should not be granted, may, for reasons to be recorded, refuse to grant a licence.
(2) Every licence granted under sub-rule (1) shall be in Form III and be subject to 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 condition 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.
Rule16 Cancellation of licence
The Director may, by order, cancel a licence granted under Rule 15, if he is satisfied that any of its conditions have been violated:
Provided that no licence shall be cancelled unless the licensee has been given an opportunity to make his objections.
Rule17 Appeal
Any person aggrieved by an order of the Director made under Rule 15 or Rule 16, may prefer an appeal to the Government; and the decision of the Government on such appeal shall be final.
Rule18 Removal of unauthorised buildings
(1) The Government may, by order, direct the owner or occupier of an unauthorised building in a prohibited area or in a regulated area or of a building or part thereof which has been constructed in contravention of any of the conditions of a licence granted under Rule 15, 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 Government may direct the District Magistrate to cause the building or part thereof to be removed, and the owner or occupier shall be liable tp pay the cost of such removal.
Rule19 Penalty
Whoever.
(i) unlawfully undertakes any mining operation or construction in a prohibited area or in a regulated area; or
(ii) contravenes any of the conditions of a licence; or
(iii) fails or refuses to comply with an order made under sub-rule (1) of Rule 18, shall be punishable with imprisonment which may extend to three months or with fine which may extend to two thousand rupees or with both.
CHAPTER 5 Copying and Filming of Protected Monuments
Rule20 Permission required for copying certain monuments
The Director may, by order, direct that no person other than an officer authorised by him in this behalf shall copy any specified monument or part thereof except under and in accordance with the terms and conditions of a permission in writing granted by the Director.
Rule21 Conditions of copying other monuments
(1) Any person may copy a protected monument in respect of which no order under Rule 22 has been made.
(2) Nothing in sub-rule (1) shall be construed as authorising any person other than the Director or an Officer authorised by the Director in this behalf, while copying any such monument, to.
(a) bring into or use within the precincts of such monument a camera-stand, stool, chair, table, large drawing-board, easel or any such appliance; or
(b) erect any scaffolding within such precincts; or
(c) use within such precincts any artificial light other than a 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 the Director.
Rule22 Licence required for filming
No person other than the Director or an officer authorised by him in this behalf shall undertake any filming operation at a protected monument or part thereof except under and in accordance with the terms and conditions of a licence granted under Rule 24.
Rule23 Application for licence
Every person intending to undertake any filming operation at a protected monument shall apply to the Director in Form IV at least three months before the proposed date of the commencement of such operation.
Rule24 Grant or refusal of licence
(1) On receipt of an application under Rule 23, the Director may grant a licence or, if he is satisfied that the licence asked for should not be granted, may, for reasons to be recorded, refuse to grant a licence:
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) Every licence granted under sub-rule (1) shall be in Form V and be subject to 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 or garden to the risk of 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;
(f) the filming operation shall not obstruct or hamper the movement of persons who may lawfully be within the precincts of the monuments; and
(g) any other condition which the Director may specify in the licence.
Rule25 Cancellation of licence
The Director, after giving notice to the licensee, may cancel a licence granted under Rule 24 if he is satisfied that any of its conditions has been violated.
Rule26 Appeal
Any person aggrieved by an order of the Director made under Rule 24 or Rule 25 may prefer an appeal to the Government and the decision of the Government on such appeal shall be final.
Rule27 Certain rules not affected
Nothing in Rule 21 and no provision of a permission granted under Rule 20 or a licence granted under Rule 24 shall affect the operation of Rules 3, 4, 5 and 6.
Rule28 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 shall be punishable with fine which may extend to five hundred rupees.
CHAPTER 6 Miscellaneous
Rule29 Manner of preferring an appeal
(1) Every appeal to the Government under the Act, or under these rules shall be in writing and shall be preferred within one month of the date of receipt of the order appealed against.
(2) Every such appeal shall be accompanied by a copy of the order appealed against.
Rule30 Service of orders and notices
Every order or notice made or issued under the Act or these rules shall.
(a) in the case of any order or notice of a general nature or affecting a class of persons, be published in the Official Gazette; and
(b) in the case of any order or notice affecting a corporation or firm, be served in the manner provided for the service of summons in Rule 2 of Order XXIX or Rule 3 of Order XXX, as the case may be, in the First Schedule to the Code of Civil Procedure, 1908; and
(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 male member of the family of such person or by affixing a copy thereof on the outer door or some conspicuous part of the premises in which that person is known to have last resided or carried on business or personally worked for gain; or
(iii) by sending it by registered post, acknowledgement due.
Rule31 Repeal and savings
Rules made under.
(i) the Ancient Monuments Preservation Act, 1904 (Central Act VII of 11. Read for "1964" by GSR 1166, dated 14-9-1966 [1904)] as in force in the State of Mysore;
(ii) The Ancient Monuments Preservation Act, 1337-F (Hyderabad Act VIII of 1337 Fasli) as in force in the Hyderabad Area; and
(iii) The Karnataka Ancient Monuments Preservation Act, 1925 (Karnataka Act 9 of 1925), as in force in the Mysore Area; and any other rules in force in any area of the State insofar as such rules relate to matters conferred by these rules are hereby repealed:
Provided that such repeal shall not affect.
(a) anything done or any action taken under the repealed rules; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the repealed rules; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any of the repealed rules; 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 the said rules had not been repealed.
SCHEDULE 1 SCHEDULE
Form 1 FORM
FORM I
[See Rule 8]
Application for Moving of Antiquities
1. Name and address of applicant (if the application is on behalf
of an organisation, the name thereof should be given).
2. Name of the place from which antiquities are to be moved.
..Locality..Taluk..District
3. Description of antiquities proposed to be moved. (Photographs
showing details of the antiquities should be attached).
4. Approximate date of the moving.
5. Purpose of moving.
6. Whether the antiquities or any of them are objects of worship.
I declare that the above information is correct.
Seal of the Organisation Signature of the applicant.
Station
Date
(If the application is on behalf of an organisation, the signature
should be that of the head of that organisation).
Form 2 FORM
FORM II
[See Rule 141]
Application for Licence for Mining Operation/Construction within a
Regulated Area
1. Name and address of applicant (If the application is on behalf of an organisation, the name thereof should be given).
2. Name of the monument near or adjoining which the regulated area is situated.
LocalityTaluk.District
3. Nature and details of the proposed mining operation/construction in respect of which permission is sought.
(In the case of mining operation, a site-plan in triplicate showing in red outline
the extent of the operation in relation to the monument and the regulated area should be attached; and the details regarding the depth down to which the operations to be carried out, the mode of the operation, the method of the muffling of sound, the kind and charge of blasting material and the depth and number of blast-holes to be fired at a time should be specified.
In the case of construction, a site-plan in triplicate showing in red outline the
location of the building in relation to the monument and the regulated area and the plan and elevation of the building should be attached; and the colour, external appearance and method of the screening of the building and depth down to which the soil will be excavated for the appurtenances of the building should be specified).
4. Purpose of the proposed mining operation/construction.
5. Approximate duration and date of commencement of the proposed mining operation/construction.
I declare that the above information is correct. I also undertake to observe the
provisions of the Kamataka Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961, and the Rules made thereunder.
Station
Seal of the organisation
Date Signature of the applicant
(If the application is on behalf of an
organisation, the signature should be
that of the head of that organisation).
Form 3 FORM
FORM III
[See Rule 15(2)]
Licence for Mining Operation/Construction within a Regulated Area
Whereas.........of........has applied for a licence for.......in the regulated area near
or adjoining.........at.....Taluk.....District.....and has undertaken to observe the provisions of the Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains Art, 1961 and the Rules, made thereunder.
I,.......Director of Archaeology in Karnataka do hereby grant this Licence under
sub-rule (2) of Rule 15 of the said Rules to the said.....for..... in the area indicated in red outline on the plan attached hereto.
This licence is granted subject to the provisions of the said Act and Rules and is
further subject to the following conditions namely.
The licence is not transferable. It shall be valid for...................
commencing with.....................day of.................19
Station
Date
Seal of the Department of Archaeology
of the Government of Karnataka
Signature of the Director of
Archaeology in Karnataka.
Form 4 FORM
FORM IV
[See Rule 23]
Application for licence for Filming Operation at a Protected Monument
1. Name and address of applicant (If the application is on behalf of an organisation, the name thereof should be given).
2. Name of the monument at which the proposed filming operation to be carried out.
Locality..TalukDistrict
3. Part of the monument proposed to be filmed.
4. Nature and purpose of the proposed filming operation and the context in which the monument is proposed to be filmed (relevant extract of the script should be attached in triplicate and details of the scenes to be filmed should be furnished in triplicate).
5. Number of persons in the cast.
6. Approximate duration and date of commencement of proposed filming operation.
I declare that the above information is correct. I also undertake to observe the provisions of the Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961, and the Rules made thereunder.
Station
Date
Seal of the Organisation
Signature of the Applicant
(If the application is on behalf of an organisation, the signature should be that of
the head of the organisation).
Form 5 FORM
FORM V
[See Rule 24]
Licence for Filming Operation at a Protected Monument
Whereas.........of.......has applied for a licence for filming operation at the protected monument known as.........located at.....District.......and has undertaken to observe the provisions of the Karnataka Ancient and Historical Monuments and Archaeological
Sites and Remains Act, 1961, and the Rules made thereunder.
I,......Director of Archaeology in Karnataka do hereby grant this licence under Rule 26 of the said Rules.....for the carrying out of filming operation, as per script and details of scenes
attached hereto, in the following parts of the monuments, namely.
The licence is granted subject to the provisions of the said Act and Rules and is further
subject to the following conditions, namely.
It shall be valid for......commencing with........day of.....19 ..
Station
Date
Seal of the Department of Archaeology,
Government of Karnataka
Signature of the Director of Archaeology in Karnataka.
