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JAMMU & KASHMIR ANCIENT MONUMENTS PRESERVATION ACT, SVT. 1977 (1920 A.D.)
JAMMU & KASHMIR ANCIENT MONUMENTS PRESERVATION ACT, SVT. 1977 (1920 A.D.)
[Act no. 5 of 1977]
PREAMBLE
An Act to provide for preservation of Ancient Monuments and of objects of archaeological, historical or artistic interest.
Whereas it is expedient to provide for the reservation of ancient monuments, for the exercise of control over traffic in antiquities and over excavation in certain cases places, and for the protection and acquisition in certain cases of ancient monuments and of objects of archeological, historical or artistic interest; it is hereby enacted as follows :-
Section 1 - Short Title, extent and commencement
(1) This Act may be called the J&K Ancient Monuments Preservation Act, 1977.
(2) It extends to the whole of the J&K State. It shall come into force on the Ist day of Baisakh, 1978.
Section 2 - Definition
In this Act, unless there is anything repugnant in subject or context:-
(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, or any remains thereof and includes :-
(a) the site of an ancient monument;
(b) 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
(c) the means of access to and convenient inspection of an ancient monument;
(2) "Antiquities" include any movable objects which the Government, by reason of their historical or archaeological associations, may think it necessary to protect against injury, removal or dispersion;
(3) Omitted.
(4) "maintain" and "maintenance", include the fencing, covering in, repairing and cleansing of a protected monument, and the doing of any act which may be necessary for the purpose of maintaining a protected monument or of securing convenient access thereto;
(5) "land" includes a revenue-free estate, a revenue paying estate and a permanent transferable tenure whether such estate or tenure be subject to incumbrance, or not;
(5-a) "Minister" means the Minister-in-charge of the Archaeological Department; or
(6) "owner" includes a joint owner invested with powers of management on behalf of himself and other joint owners, and any manager or trustee exercising powers of management over an ancient monument, and the successor in title of any such owner and the successor in office of any such manager or trustee:
Provided that nothing in this Act shall be deemed to extend the powers which may be exercised by such manager or trustee.
Section 3 - Protected monument
(1) The [Substituted for "Minister" by Act No. X of 1996.] [Government] may, by notification in the Government Gazette, declare an ancient monument to be a protected monument within the meaning of this Act.
(2) A copy of every notification published under sub-section (1) shall be fixed up in a conspicuous place on or near the monument, together with an intimation that any objections to the issue of the notification received by the Government within two months from the date when it is so fixed up will be taken into consideration.
(3) On the expiry of the said period of two months, the Government after consideration the objections, if any, shall confirm or withdraw the notification.
(4) A notification published under this section shall, unless and until it is withdrawn, be conclusive evidence of the fact that the monument to which it relates is an ancient monument within the meaning of this Act.
Section 4 - Acquistion of rights in or guardianship of an ancient monument
(1) The Superintendent of Archaeology, with the sanction of [Substituted for "Minister" by Act No. X of 1996.] [the Government,] may purchase or take a lease of any protected monument.
(2) The Superintendent of Archaeology, with the like sanction, may accept a gift or bequest of any protected monument.
(3) The owner of any protected monument may by, written instrument, constitute the Minister the guardian of the monument, and the Minister may, with the sanction of the Government accept such guardianship.
(4) When the Minister 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 Minister had not been constituted guardian thereof.
(5) When the Minister has accepted the guardianship of a monument under sub-section (3), the provisions of this Act relating to agreements executed under section 5 shall apply to the written instrument executed under the said sub-section.
(6) Where a protected monument is without an owner, the Minister may assume the guardianship of the monument.
Section 5 - Preservation of ancient monument by agreement
(1) The Superintendent of Archaeology may, with the previous sanction of [Substituted for "His Highness" by Act No. X of 1996.] [the Government] propose to the owner to enter into an agreement with [Substituted for "His Highness" by Act No. X of 1996.] [the Government] for the preservation of any protected monument.
(2) An agreement under this section may provide for the following matters, or for such of them as it may be found expedient to include in the agreement:
(a) the maintenance of the monument;
(b) custody of the monument, and the duties of any person who may be employed to watch it:
(c) the restriction of the owner's right to destroy, remove, alter or deface the monument or to build on or near the site of the monument;
(d) the facilities of access to be permitted to the public or to any portion of the public and to persons deputed by the owner or the Superintendent of Archaeology 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 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 preservation of the monument;
(g) the proprietary or other rights which are to vest in [Substituted for "His Highness" by Act No. X of 1996.] [the Government] in respect of the monument when any expenses are incurred by the Government in connection with the preservation 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 preservation of the monument which is a proper subject of agreement between the owner and the Government.
(3) An agreement under this section may be executed by the Superintendent of Archaeology on behalf of [Substituted for "His Highness" by Act No. X of 1996.] [the Government] but shall not be so executed until it has been approved by [Substituted for "His Highness" by Act No. X of 1996.] [the Government.]
(4) The terms of an agreement under this section may be altered from time to time with the sanction of the Government and with the consent of the owner.
(5) With the previous sanction of the Government the Superintendent of Archaeology may terminate an agreement under this section on giving six month's notice in writing to the owner.
(6) The owner may terminate an agreement under this section on giving six month's notice to the Superintendent of Archaeology.
(7) An agreement under this section shall be binding on any person claiming to be owner of the monument to which it relates, through or under a party by whom or on whose behalf the agreement was executed.
(8) Any rights acquired by Government in respect of expenses incurred in protecting or preserving a monument shall not be effected by the termination of an agreement under this section.
Section 6 - Owner under disability or not in possession
(1) If the owner is unable, by reason of infancy or other disability, to act for himself, the person legally competent to act on his behalf may exercise the powers conferred upon an owner by section 5.
(2) In the case of village property, the headman or other village officer exercising powers of management over such property may exercise the powers conferred upon an owner by section 5.
(3) Nothing in this section shall be deemed to empower any person not being of the same religion as the persons 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.
Section 7 - Enforcement of agreement
(1) If the Superintendent of Archaeology apprehends that the owner or occupier of a monument intends to destroy, remove, alter, deface or imperil the monument or to build on or near the site thereof in contravention of the terms of an agreement for its preservation under section 5, the [Substituted by Act X of 2010 for "Governor".] [Deputy Commissioner] on the motion of the Superintendent of Archaeology may make an order prohibiting any such contravention of the agreement.
(2) If an owner or other person who is bound by an agreement for the preservation or maintenance of a monument under section 5, refuses to do any act which is in the opinion of the Superintendent of Archaeology necessary to such preservation or maintenance, or neglects to do any such act within such reasonable time as may be fixed by the Superintendent of Archaeology, the Superintendent of Archaeology, may authorise any person to do any such act, and the expense of doing any such act or such portion of the expense as the owner may be liable to pay under the agreement may be recovered from the owner as 'if it were an arrear of land revenue.
(3) A person aggrieved by an order made under this section may appeal to the Minister, who may cancel or modify it and whose decision shall be final.
Section 8 - 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, an estate or tenure in which is situated a monument in respect of which any instrument has been executed by the owner for the time being, under section 4 or section 5, and every person claiming any title to monument from, through or under an owner who executed any such instrument, shall be bound by such instrument.
Section 9 - Application of endowment to repair of an ancient monument
(1) If any owner or other person competent to enter into an agreement u/s 5 for the preservation of a protected monument, refuses or fails to enter into him by the Superintendent of Archaeology, and if any endowment has been created for the purpose of keeping such monument in repair or for that purpose among others, the Superintendent of Archaeology 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 the decree of a Civil Court.
Section 10 - Compulsory purchase of ancient monument
(1) If [Substituted for "His Highness" by Act No. X of 1996.] [the Government] apprehends that a protected monument is in danger of being destroyed, injured or allowed to fall into decay,[Substituted for "His Highness" by Act No. X of 1996.] [the Government] may proceed to acquire it under the provisions of the Land Acquisition Act, as if the preservation of a protected monument were a "public purpose" within the meaning of that Act.
(2) The powers of compulsory purchase conferred by subsection (1) shall not be exercised in the case of:-
(a) any monument which or any part of which is periodically used for religious observances; or
(b) any monument which is the subject of a subsisting agreement executed under section 5.
(3) In any case other than the cases referred to in sub-section (2) the said powers of compulsory purchase shall not be exercised unless the owner or other person competent to enter into an agreement under section 5 has failed, within such reasonable period as the Superintendent of Archaeology may fix in this behalf, to enter into an agreement proposed to him under the said section or has terminated or given notice of his intention to terminate such an agreement.
Section 10A - Power of Government to control mining etc near ancient monuments
[Section 10-A inserted by Act No. 1 of 1996.] [(1) If the Government is of opinion that mining, quarrying, excavating, blasting and other operations of a like nature should be restricted or regulated for the purpose of protecting or preserving any ancient monument, the Government may, by notification in the Government Gazette, make rules :
(a) fixing, the boundaries of the area to which the rules are to apply;
(b) forbidding the carrying on of mining, quarrying, excavating, blasting or any operation of a like nature except in accordance with the rules and with the terms of a licence; and
(c) prescribing the authority by which and the terms on which licences may be granted to carry on any off the said operations.
(2) The power to make rules given by this section is subject to the condition of the rules being made after previous publication.
(3) A rule made under this section may provide that any person committing a breach thereof shall be punishable with fine which may extend to two hundred rupees.
(4) If any person or occupier of land included in a notification under sub-section (1) proves to the satisfaction of the Government that he has sustained loss by reason of such land being so included, the Government shall pay compensation in respect of such loss.].
Section 11 - Maintenance of certain protected monuments
(1) The Minister shall maintain every monument in respect of which the Government has acquired any of the rights mentioned in section 4 or which the Government has acquired under section 10.
(2) When the Minister has accepted the guardianship of a monument u/s 4, he shall, for the purpose of a maintaining such monument, have access to the monument a all reasonable times, by himself or 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 12 - Voluntary contribution
The Minister 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 13 - Protection of place of worship from misuse, pollution or desecration
(1) A place of worship or shrine maintained by the Government under this Act shall not be used for any purpose inconsistent with its character.
(2) Where the Superintendent of Archaeology has, under section 4, purchased or taken a lease of any protected monument, or has accepted a gift or bequest, or the Minister has, under the same section, accepted the guardianship thereof, and such monument, or any part thereof is periodically used for religious worship or observances by any community, the Superintendent of Archaeology in consultation with the Deputy Commissioner shall make due provision for the protection of such monument, or such part thereof from pollution or desecration
(a) by prohibiting the entry therein, except in accordance with conditions prescribed with the concurrence of the persons 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.
Section 14 - Relinquishment of Government right in a monument
[Substituted for "His Highness" by Act No. X of 1996.] [The Government] may—
(a) where rights have been acquired by Government in respect of any monument under this Act by virtue of any sale, lease, gift or will, relinquish 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 it has accepted under this Act.
Section 15 - Right of access to certain protected monuments
(1) Subject to such rules as may after previous publication be made by the Government, the public shall have a right of access to any monument maintained by the Government under this Act.
(2) In making any rule under sub-section (1) [Substituted for "His Highness" by Act No. X of 1996.] [the Government] may provide that a breach of it shall be punishable with fine which may extend to twenty rupees.
Section 16 - Penalties
Any person other than the owner who destroys, removes, injures, alters, defaces or imperils, a protected monument, and any owner who destroys, removes, injures, alters, defaces or imperils a monument maintained by Government under this Act or in respect of which an agreement has been executed u/s 5, and any owner or occupier who contravenes an order made u/s 7, sub-section (1) shall be punishable with fine which may extend to five thousand rupees, or with imprisonment which may extend to three months, or with both.
Section 17 to 17 - TRAFFIC IN ANTIQUITIES
Any person other than the owner who destroys, removes, injures, alters, defaces or imperils, a protected monument, and any owner who destroys, removes, injures, alters, defaces or imperils a monument maintained by Government under this Act or in respect of which an agreement has been executed u/s 5, and any owner or occupier who contravenes an order made u/s 7, sub-section (1) shall be punishable with fine which may extend to five thousand rupees, or with imprisonment which may extend to three months, or with both.
Section 17 - Power of Government to control traffic in antiquities
(1) If [Substituted for "His Highness" by Act No. X of 1996.] [the Government] apprehends that antiquities are being sold or removed to the detriment of the State or of any neighbouring country, it may, by notification in the Government Gazette, prohibit or restrict the bringing or taking of any antiquities or class of antiquities described in the notification into or out of the State or any specified part of the State.
(2) Any persons who brings or takes or attempts to bring or take any such antiquities into or out of the State or any part of the State in contravention of a notification issued under sub-section (1), shall be punishable with fine which may extend to five hundred rupees.
(3) Antiquities in respect of which an offence referred to in sub-section (2) has been committed shall be liable to confiscation.
(4) A Revenue Officer not lower in rank than a Naib-Tehsildar, an Officer of Customs, or an Officer of Police of a grade not lower than Assistant Inspector or Deputy Inspector, duly empowered by [Substituted for "His Highness" by Act No. X of 1996.] [the Government] in this behalf, may search any vessel, cart or other means of conveyance, and may open any baggage or package of goods, if he has reasons to believe that goods in respect of which an offence has been committed under sub-section (2) are contained therein.
(5) A person who complaints that the power of search mentioned in sub-section (4) has been vexatiously or improperly exercised may address his complaint to the Government and [Substituted for "Minister" by Act No. X of 1996.] [the Government] shall pass such order and may award such compensation if any, as appears to it to be just.
Section 18 to 19 - PROTECTION OF SCULPTURES, CARVINGS, IMAGES, BAS-RELIEFS, INSCRIPTIONS OR LIKE OBJECTS
(1) If [Substituted for "His Highness" by Act No. X of 1996.] [the Government] apprehends that antiquities are being sold or removed to the detriment of the State or of any neighbouring country, it may, by notification in the Government Gazette, prohibit or restrict the bringing or taking of any antiquities or class of antiquities described in the notification into or out of the State or any specified part of the State.
(2) Any persons who brings or takes or attempts to bring or take any such antiquities into or out of the State or any part of the State in contravention of a notification issued under sub-section (1), shall be punishable with fine which may extend to five hundred rupees.
(3) Antiquities in respect of which an offence referred to in sub-section (2) has been committed shall be liable to confiscation.
(4) A Revenue Officer not lower in rank than a Naib-Tehsildar, an Officer of Customs, or an Officer of Police of a grade not lower than Assistant Inspector or Deputy Inspector, duly empowered by [Substituted for "His Highness" by Act No. X of 1996.] [the Government] in this behalf, may search any vessel, cart or other means of conveyance, and may open any baggage or package of goods, if he has reasons to believe that goods in respect of which an offence has been committed under sub-section (2) are contained therein.
(5) A person who complaints that the power of search mentioned in sub-section (4) has been vexatiously or improperly exercised may address his complaint to the Government and [Substituted for "His Highness" by Act No. X of 1996.] [the Government] shall pass such order and may award such compensation if any, as appears to it to be just.
Section 18 - Power of Government to control moving of sculptures, carvings or like objects
(1) If [Substituted for "His Highness" by Act No. X of 1996.] [the Government] consider that any sculptures, carvings, images, bas-reliefs, inscriptions or other like objects ought not to be moved from the place where they are without the sanction of the Government, the Government may, by notification in the Government Gazette, direct that any such object or any class of such objects shall not be moved unless with the written permission of the Superintendent of Archaeology.
(2) A person applying for the permission mentioned in subsection (1) shall specify the object or objects which he proposes to move, and shall furnish, in regard to such object or objects, any information which the Superintendent of Archaeology may require.
(3) If the Superintendent of Archaeology refuses to grant such permission, the applicant may appeal to the Minister, whose decision shall be final.
(4) Any person who moves any object in contravention of a notification issued under sub-section (1), shall be punishable with fine which may extend to five hundred rupees.
(5) If the owner of any property proves to the satisfaction of the Government that he has suffered any loss or damage by reason of the inclusion of such property in a notification published under sub-section (1), [Substituted for "His Highness" by Act No. X of 1996.] [the Government] shall either:-
(a) exempt such property from the said notification;
(b) purchase such property, if it be movable, at its market value; or
(c) pay compensation for any loss or damage sustained by the owner of such property, if it be immovable.
Section 19 - Purchase of sculptures carving or like object by the Govt.
(1) If [Substituted for "His Highness" by Act No. X of 1996.] [the Government] apprehend that any object mentioned in a notification issued u/s 18, sub-section (1) is in danger of being destroyed, removed, injured or allowed to fall into decay, [Substituted for "His Highness" by Act No. X of 1996.] [the Government] may pass orders for the compulsory purchase of such object at its market value, and the Superintendent of Archaeology shall thereupon give notice to the owner of the object to be purchased.
(2) The power of compulsory purchase given by this section shall not extend to:-
(a) any image or symbol actually used for the purpose of any religious observance; or
(b) anything which the owner desires to retain on any reasonable ground personal to himself or to any of his ancestors or to any member of his family.
(1) If [Substituted for "His Highness" by Act No. X of 1996.] [the Government] apprehend that any object mentioned in a notification issued u/s 18, sub-section (1) is in danger of being destroyed, removed, injured or allowed to fall into decay, [Substituted for "His Highness" by Act No. X of 1996.] [the Government] may pass orders for the compulsory purchase of such object at its market value, and the Superintendent of Archaeology shall thereupon give notice to the owner of the object to be purchased.
(2) The power of compulsory purchase given by this section shall not extend to:-
(a) any image or symbol actually used for the purpose of any religious observance; or
(b) anything which the owner desires to retain on any reasonable ground personal to himself or to any of his ancestors or to any member of his family.
Section 20 - Power of Government to notify area as protected
[Section 20 substituted and sections 20-A, 20-B, and 20-C added by Act No. 1 of 1996.] [If the Government is of opinion that excavation for archaeological purposes in any area should be restricted or regulated in the interest of archaeological research, the Government may, by notification in the Government Gazette specifying the boundaries of the area, declare it to a protected area.
(2) From the date of such notification all antiquities buried in the protected area shall be the property of Government and shall be deemed to be in the possession of Government, and shall remain the property and in the possession of the Government until ownership thereof is transferred; but in all other respects the rights of any owner or occupier of and in such area shall not be affected.]
Section 20A - Power to enter upon and make excavation in a protected area
(1) Any officer of the Archaeological Department or any person holding a licence u/s 20-B may, with the written permission of the deputy Commissioner of the District or in the case of Ladakh District, the Deputy Commissioner of that District, enter upon and make excavations in any protected area.
(2) Where in the exercise of the power conferred by sub-section (1) the rights of any person or infringed by the occupation or disturbance of the surface of any land, the Government shall pay to that person compensation for the infringement.
Section 20B - Power of Government to make rules regulating archaeological excavation in protected areas
(1) The Government may make rules:-
(a) prescribing the authorities by whom licence to excavate for archaeological purposes in a protected area may be granted;
(b) regulating the condition on which such licences may be granted, the form of such licences and the taking of security from licensees.
(c) prescribing the manner in which antiquities found by a licensee shall be divided between Government and the licensee; and
(d) generally to carry out the purposes of section 20.
(2) The power to make rules given by this section is subject to the condition of rules being made after previous publication.
(3) Such rules may be general for all protected areas for the time being, or may be special for any particular protected area or areas.
(4) Such rules shall provide that any person committing a breach of any such rule or any condition of a licence issued under this section shall be punishable with fine which may extend to one thousand rupees, and may further provide that where the breach has been by the agent or servant of a licensee himself shall be punishable.
Section 20C - Power to acquire a protected area
If the Government is of opinion that a protected area contains an ancient monument or antiquities of national interest, it may acquire such area or any part thereof, under the State Land Acquisition Act No. 10 of 1990 as for a public purpose.
Section 21 - Assessment of market-value or compensation
The market value of any property which Government is empowered to purchase at such value under this Act or the [The word "amount" omitted by Act No. 1 of 1996.] [* *] compensation to be paid by the Government in respect of anything done under this Act, shall, where any dispute arises [Substituted by Act No. 1 of 1996.] [in respect] of such market value or compensation, be ascertain in the manner provided by the Land Acquisition Act, so far as it can be made applicable:
Provided that when making an inquiry under the said Land Acquisition Act, the Collector shall be assisted by two assessors, one whom shall be competent person nominated by the Collector 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 Superintendent of Archaeology.
Section 22 - Jurisdiction
[This section was substituted by Act No. XL of 1996.] [Every offence under this Act, shall be triable by a Judicial Magistrate.]
Section 23 - The Government may make rules for carrying out any of the purposes of this Act
[Substituted for "His Highness" by Act No. X of 1996.] [The Government] may make rules for carrying out any of the purposes of this Act
Section 24 - Protection to public Servant acting under 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.
