Chapter 1 PRELIMINARY

(1) This Act may be called the Arunachal Pradesh Ancient Monuments, Archaeological Sites and Remains Preservation Act, 1987. (2) It shall extend to the whole of Arunachal Pradesh. (3) It shall come into force at once. (4) Nothing in this Act shall apply to protected monuments or protected areas as defined in clause (i) and (j) respectively of section 2 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and as declared under section 3 of the Ancient Monuments preservation Act, 1904.

In this Act, unless the context otherwise requires.- (a) "ancient monument" means any structure, erection or monument or any tumulus or place of interment or any cave, rock-sculpture, inscription or monolith, which 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; (b) "antiquity" includes- (i) any coin, sculpture, manuscript, epigraph or other work of art or craftsmanship, (ii) any article, object or thing detached from a building or cave, (iii) any article, object or thing illustrative of science, art, crafts, literature, religion, customs, morals or politics in bygone ages, (iv) any article, object or thing of historical interest, and (v) any article, object or thing declared by the 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; (c) "Archaeological Officer" means an officer of the Historical/Archaeological Section of the Department of Research, Government of Arunachal Pradesh and includes any officer authorised by the Government to perform the duties of the Archaeological Officer under this Act; (d) "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 be required for fencing, covering in, or otherwise preserving it, and (ii) the means of access to, and convenient inspection of, the area; (e) "Government" means the Government of Arunachal Pradesh; (f) "maintain" with its grammatical variations and cognate expressions, includes the fencing, covering in, repairing, restoring and cleaning of a protected monument and the doing of any act which may be necessary for the purpose of a protected monument or of securing convenient access thereto; (g) "Owner" includes- (i) a joint owner invested with power of management on behalf of himself and other owners and the successor-in-title of any such owner; and (ii) any manager or trustee exercising powers of management and the successor-in-office of any such manager or trustee; (h) "prescribed" means prescribed by rules made under this Act; (i) "protected area" means any archaeological site and remains which is declared so by the Government under section 3 of this Act; (j) "protected monument" means an ancient monument which is declared to be a protected monument under section 3 of this Act.

(1) The Government may, by notification in the Official Gazette, declare any ancient monument to be protected monument or any archaeological sites and remains to be protected areas for the purpose of this Act and a copy of every such notification shall be affixed in conspicuous place of such monument or archaeological site and remains as the case may be. (2) Any person interested in such monument or archaeological sites and remains may, within sixty days from the date of issue of the notification, submit objections, if any, to such declaration to the Government. (3) On the expiry of the said period of sixty days, the Government may, after considering the objections, if any, shall confirm or modify or withdraw the notification.

(1) If the owner of a protected monument is unable, by reason of infancy or other disability, to act for himself, the person legally competent to act on his behalf may exercise the powers conferred upon an owner by section 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 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.

(1) If any owner or other person competent to enter into an agreement under section 5 for 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 monuments does not exceed Rs. 1,000 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 Civil Court.

(1) If any owner or other person competent to enter into an agreement under section 5 for the maintenance of a protected monument refuses or fails to enter into such an agreement, the Government may make an order providing for all or any of the matters specified in sub-section (2) of section 5 and such order shall be binding on the owner or such other person and on every person claiming title to the monument from, through or under, the owner or such other person. (2) Where an order made under sub-section (1) provides that the monument shall be maintained by the owner or other person competent to enter into an agreement, all reasonable expenses for the maintenance of the monument shall be payable by the 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. (3) No order under sub.section (l) shall bo made unless the owner or other person has been given an opportunity of making a representation, in writing, against the proposed order.

(l) If the Archaeological Officer apprehends that the owner or occupier of a protected monument is likely to destroy, remove, alter, deface, imp€ril or misuse the monumert or to build on or near the site thereof in contravention of the terms of an agreemcnt under s€ction 5, he may, after giving the owner or occupier an opportunity of making a repres€ntation, in writing, make an order prohibiting any such contravention of the agreement : Provided that no such opportuDity may be given in any case where the Archaeological Officer for reasons to be recorded is satisfied that it is not expedient or practicable to do so. (2) Aly person aggreived by an other under this section may appeal to the Government within such time snd in such manner as may be prescritred and the decision of the Government shall be final.

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