The Arunachal Pradesh Ancient Monuments, Archaeological Sites and Remains Preservation Act, 1987

THE ARUNACHAL PRADESH ANCIENT MONU- MENTS, ARCHAEOLOGICAL SITES AND REMAINS PRESERVATION ACT, 1987 c (Act. No. 4 of 1990) to provide for preservation of certain ancient and historical monuments and archaeological sites and remains and Jor the regulation of excavation of archaeological sites in Arunachal Pradesh, other than of those declared by parliament by law to be of national importance. Be it enacted by the Legislative Assembly of Arunachal Pradesh in the Thirty-eighth Year of the Republic of India as follows :—

(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.

Every person who purchases, at a sale for arrears of land reveunc or any other public demand, any land on which is situated a ,monument in respect ol which any instrument has been executed by the owner for the time bcing under section 4 or section 5, and every person claiming any title to a monument from, through or under an owner who executed any such instrumetrt shall be bound by such instrument.

If the Government apprehends that a prolccted nonument is in darger of being destroyed, injurcd, misused, or allowed to fall in to decay, it may acquire the protected monument under provisions of the I-and Acquisilion Act, 1894, as if the maintenance of the protec- ted monument were a public purpose within the meaning of thBt Act.

(l) The Govemment sh.rll maintain ever) monument which has been acquircd uoder scction 12 or in respect ol which any of the rights mentioned in section 5 have been acquired. (2) When the Government has assumed the guardian- ship of a monument undcr section 4, it shall, for the purpose of maintaining such monument have access to the monument at all reasonable times, by itsetf and b1,its agent, subordinates and workmcn, lbr the purpose of inspecting the monumcnt and for the purpose of bringing such materials and doing such acts as the Govern- ment may consider necessary or desirable for the mainten- ance thereof.

The Govemment 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 it : Provided that no such contribution received under this section shall be applied to any purpose other than the purpose for which it was contributed, without consent, in writing, of the donar.

(l) The protrcted monumcnt maintaioed by the Goyernment 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 sectionl2, or has purchased, or taken a lease or acbepted a gift or bequcst or assumed guardianship of , a protected monument under section 4, and such monument or any part thereof is used lor religious worship or observances by any community, the Govern- ment shaU make due provision for the protection of such monument of part thereof, from pollution or desecration- (a) by prohibiting the entry therein, except in accor- dance with the conditions prescribed with the concurrencc o[ the person, if any, in religious charge of the said monument or part thereof, any person, not entitled to enter by the religious usages of the commu- nity by which the monument or part thereof is used, or (b) by taking such action as it uray think necessary in this behalf.

Where rights have been acquired by the Govern- ment in respect of any monument under this Act by virtue of any sale, lease, gitt or will, the Government may, by notification in the Omcial Gazstte, relinquish the rights so acquired to the person who would- for the time belng, be the owner of the monument if such rights had not been acquired.

Subject to any rules made under this Act the public shall haye a right of access to any protected monument.

(i) No person, including the owner or occupier of a ?rotected monument or area shall construct any building within the protected area or carry on any mirring, 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 Goyernment: Provided that nothing in this sub-section shall be deemed to prohibit the use of any such are{ or part thereof for purposes of cultivation, if such cultivation does not involved the digging of not more than one foot of soil from the surface. (2) The Govemment may, by order, direct that any building constnrcted by any person within a pro- tected area in contravention of the provisions of sub- section (l) shall be removed within a specified period aod, if the person refuses or fails to comply with thc order, the Deputy Commis;ioner may cause the building to be demolished and the person concemed shall be liable to pay the cost of such removal.

If the Government is of opinion that any pro- t€cted area contains an ancient monumcnt or antiquities of archaeological interest and value, it may acquire such area under the provisions ofthe Land Acquisition Act, 1894, as if the acquisition were for a public purpose within the meaning of that Act.

(l) If the Goyernment apprehends that any antiquity mentioned in a notifcation issued under suE section (l) of section 23 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 archa- eological importance, it is desirable to preserve such antiquity, the Government may make an order for the compulsory purchase of such antiquity at its market value and tbe Archaeological Officer shall thereupon give notice to the owner of the antiquity to be purchased. (2) Wh€re a notice of compulsory purchase is issued under sub-section (l) in respect of any antiquity, such antiquity shall vest in the 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 bonafide religious worship or observances.

Any owner or occupier of a land who has sus- tained any loss or damage or any diminution 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 lor such loss, damage or diminution of profits.

(l) The market value of any propeny which the Government is empowered to purchase at such value under this Act or the compensation to be paid by the Governnlent in respect of anything done under this Act shall, where any dispute arises in respect of such market valuc or compensation, be ascertained in the manner provided in sections 3, 5, 8 to 34, 45 to 47, 5l and scction 52 of the I-and Acquisition Act, 1894 so l'ar 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 the two assessors one of whom shall bc nominated by the o,rner and in case the owner l'ails to norlinate as assessols rvithin such reasonable tine as may be fixcd by the Deputy Commissioner in this behalf the Deputy Conmissiouer shall make enquiry by himself.

The Government may, by notification in the Olicial Gazette, direct that any powers conferred on it by or undcr this Act shall, subjcct to such conditions as may bc specified in the direction, be exercisable also by such omcer or authorit_v subordinate to the Govern- ment as may be specified in the direction.

(l) Whoever (i) destroys, remoyes, idures, altcrs, defaces, imperils or misuses a protected monument ;or (ii) beiDg the owncr or occupicr of a protected monu- ment contravenes an order made under sub- scction (l) of scction 8 or under sub-section (l) of section 9 ; (iii) removes from a protected monument, any sculpture, carving, images, bas-relief,inscription or other like obiects ; or {iv) does any act in contravention of sub-section (l) of section 18, shall be punishable rvith imprisonmcnt which may exteod to one year or with fine which may' extend to ten thousand rupees or both. (2) Any person v,'ho moves any antiquity in contra- yention of a notification issued under su-seclion (l) of section 23 shall be punishable with line which may extend to five thousand rupees and tbe court convicting a person of any such contravention may, by ordor direct such person to restore the antiquity to the place from rvhere it was removed.

No court inferior to that of a Magistratc of the first class shall try any offence under this Act.

Notwithstanding anything crntainod in the Code of Criminal Procedure, 1973, offences under clause (i) o; clause (iii) of sub-section (l) of section 28 shall be deemed to be a cognizable offencc rvithin the meaning of thal Code.

Notwithstanding anything contained in section 29 of the Criminal Procedure Code 1973, it shall be lawful for any Magistrate of First Class, specially empowered by the Government in this behalf to pass a sentence of fine exceeding two thousand rupees on any person convicted of an offence which under this Act is punishable with fine exceeding two thousand rupees.

Any amount due to the Government from any person under this Act shall, on a certificate issued by the Archaeological Officer, be recoverable in the same manner as an arrear of public demand.

If the Government is of the opinion that it is no longer necessary to preserve or protect any protected monument or protected area, it may, by notification in the Official Gazette, declare that such monument or area shall cease to be protected monument or protected area for the purpose of this Act.

(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 right of access of the public to a protected monument or area and the fee, if any, to be charged thereof; (b) the form and contents of the report of an Archaeological Officer under clause (a) of sub-section (1) of section 22; (c) the form which application for permission under section 18 or 24 may be made and particulars which excavation and other like operations for archaeological purposes may be carried on; (f) the manner in which excavation and other like operations for archaeological purposes may be carried on; (g) any other matter which is to be or may be prescribed. (3) Any rule made under this section may also 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 five thousand rupees, or with both; (ii) in the case of rule made with reference to clause (b) of sub-section (2), with fine which may extend to five thousand rupees; (iii) in the case of a rule made with reference to clause (c) of sub-section (2), with fine which may extend to five thousand rupees.