Chapter VIII Chapter VIII

Miscellaneous

The Government may by notification direct that the powers conferred on it by or under this Act, shall, subject to such conditions as may be specified in the direction, be exercisable also by such officer or authority subordinate to the Government as may be specified in the direction.

1. (1) Whoever —
   • (i) destroys, removes, injures, alters, defaces, imperils, or misuses a protected monument, or
   • (ii) being the owner or occupier of a protected monument, contravenes an order made under sub-section (1) of section 8 or under sub-section (1) of section 9, or
   • (iii) removes from a protected monument any sculpture, carving, image, bas- relief, inscription or other like object, or
   • (iv) does any act in contravention of sub-section (1) of section 18, shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five thousand rupees, or with both.
2. (2) Any person who moves any antiquity in contravention of a notification issued under sub-section (1) of section 25 shall be punishable with fine which may extend to five thousand rupees, and the court convicting a person of such contravention may, by order, direct such person to restore the antiquity to the place from which it was moved. 3[(3) Nothing contained in sub-sections (1) and (2) shall apply to any

restoration work undertaken in accordance with the provisions of section 17 A of this

Act in respect of ancient monument.]

No Court inferior to that of a Judicial Magistrate of the First Class shall try any offence under this Act.

Notwithstanding anything in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), an offence under clause

1. (i) or clause (iii) of sub-section (1) of section 30 shall be deemed to be a cognisable offence within the meaning of that Code.

1. (1) No prosecution for an offence

punishable under this Act shall be instituted except by or with the previous sanction of the Government.

1. (2) No Court shall take cognizance of an offence punishable under this Act, except upon a complaint in writing made by an officer generally or specially authorized in this behalf by the Government.]

Any amount due to the Government from any person under this Act may, on a certificate by the Director or an archaeological officer authorised by him in this behalf, be recovered in the same manner as an arrear of land revenue.

If the Government is of opinion that it is no longer necessary to protect any ancient monument or archaeological site and remains under the provisions of this Act, it may by notification declare that the ancient monument or archaeological site and remains, as the case may be, has ceased to be a protected monument or a protected area for the purposes of this Act.

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

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.

1. (1) The Government may, by notification and subject to the condition of previous publication, make rules to carry out the purposes of this Act.
2. (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 a land adjoining such monument and the removal of unauthorised buildings;
   • (b) the grant of licences and permission to make excavations for archaeological purposes in protected areas, the authorities by whom, and the restrictions and conditions subject to which such licences may be granted, the taking of securities from licensees and the fees that may be charged for such licences;
   • (c) the right of access of the public to a protected monument and the fee, if any, to be charged therefor;
   • (d) the form in which application for permission under section 18 or section 25 may be made and the particulars which they shall contain;
   • (e) the form and contents of the report of an archaeological officer, officer authorised by him or a licensee under clause (a) of sub-section (1) of section 22;
   • (f) the form and manner of preferring appeals under this Act, the fees to be paid therefor and the time within which they may be preferred;
   • (g) the manner of service of any order or notice under this Act;
   • (h) the manner in which excavations and other like operations for archaeological purposes may be carried on;
     • (i) any other matter which is to be or may be prescribed.
3. (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 five 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 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.
4. (4) Every rule made under this section shall be laid as soon as may be after it is made before the Legislative Assembly of Goa, Daman and Diu, while it is in session for a total period of fourteen 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 the Assembly agrees in making any modification in the rule or the Assembly agrees that 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.

(1) Nothing in this Act shall apply to any antiquity to which the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (Central Act 24 of 1958) and the Antiquities and Art Treasures Act, 1972 (Central Act 52 of 1972), apply.

1. (2) Where any ancient monument or any archaeological site and remains which is a

protected monument or protected area, by or under the provisions of this Act, is declared at any time by or under any law made by Parliament to be of national importance, the provisions of this Act shall cease to apply to such monument or area; and accordingly, it shall cease to be a protected monument or protected area for the purposes of this Act.

Secretariat, Panaji, 7th February, 1979. K. C. D. GANGWANI Secretary to the Government of Goa, Daman and Diu Law Department (Legal Advice)

² Substituted by the Amendment Act 12 of 2010 published in the O.G. Series I No. 22 dated 1-9-2010.

⁴ Inserted by the Amendment Act 12 of 2010 published in the O.G., Series I No. 22 dated 1-9-2010.

⁵ Inserted by the Amendment Act 12 of 2010 published in the O.G., Series I No. 22 dated 1-9-2010.

1. Expression “Daman and Diu” omitted vide Amendment No.20 of 2021. 3. Section 17-A and 17-B inserted by the Amendment Act 12 of 2010 published in the O.G., Series I No. 22 dated 1-9-2010.