The Gujarat Ancient Monuments and Archaeological Sites and Remains Act, 1965

Preliminary

Short title, extent and commencement.-

1. (1) This Act may be called the Gujarat Ancient Monuments and Archaeological Sites and Remains Act, 1965.
2. (2) It extends to the whole of the State of Gujarat.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Definitions.- In this Act, unless the context otherwise requires,-

1. (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) remains of an ancient monument,
   • (ii) 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;
2. (b) "antiquity" includes,-
   • (i) any coin, sculpture, painting, 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, arts, 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 State 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. (c) "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 or covering in or otherwise preserving it, and
   • (ii) the means of access to, and convenient inspection of, the archaeological site and remains;
4. (d) "Director" means the Director of Archaeology and Museums for the State of Gujarat and includes any officer authorised by the State Government to perform the duties of the Director under this Act;
5. (e) "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;
6. (f) "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;
7. (g) "protected area" means any archaeological site and remains which is declared to be a protected area by or under this Act;
8. (h) "protected monument" means an ancient monument which is declared to be a protected monument by or under this Act.

Protected Monuments and Archaeological Sites and Remains

Certain ancient monuments, etc. deemed to be protected monuments.—All ancient and historical monuments and all archaeological sites and remains which have been declared by the Ancient Monuments Preservation Act, 1904 (VII of 1904), or by or under any corresponding law for the time being in force in any part of the State of Gujarat, to be protected monuments or protected areas shall be deemed to be protected monuments or protected areas for the purposes of this Act.

Power of State Government to declare ancient monuments, etc. to be protected monuments or protected areas.—

1. (1) Where the State Government is of opinion that any ancient and historical monument or archaeological site and remains not for the time being protected under section 3, is of national importance, it may, by notification in the Official Gazette, give two months' notice of its intention to declare such ancient and historical monument or archaeological site and remains to be a protected monument or a protected area and a copy of every such notification shall be affixed in a conspicuous place near the monument or site.
2. (2) Any person interested in any such ancient and historical monument or archaeological site and remains may, within two months after the issue of the notification, object to the declaration of the monument or the archaeological site and remains to be a protected monument or a protected area.
3. (3) On the expiry of the said period of two months, the State Government may, after considering the objections, if any, received by it, declare by notification in the Official Gazette, such ancient and historical monument or archaeological site and remains to be a protected monument or a protected area.
4. (4) A notification published under sub-section
5. (3) shall, unless and until it is cancelled by the State Government, be conclusive evidence of the fact that the ancient and historical monument or the archaeological site and remains to which it relates, is a protected monument or a protected area for the purposes of this Act.

Acquisition of rights in a protected monument.—

1. (1) The Director may, with the sanction of the State Government, purchase, or take a lease of, or accept a gift or bequest of, any protected monument.
2. (2) Where a protected monument is without an owner, the Director may, by notification in the Official Gazette, take possession of the same.
3. (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 State Government, accept such guardianship.
4. (4) When the Director has become the guardian of a monument under sub-section (3), the rights and liabilities of the owner shall, save as shall be provided by agreement between the owner and the Director, be deemed to have been transferred to the Director.

Preservation of protected monument by agreement.—

1. (1) The Director may, with the sanction of the State Government, propose to the owner of a protected monument to enter into an agreement with the State Government for the preservation of the monument.
2. (2) An agreement under this section may provide for the following matters, namely:—
   • (a) the maintenance of the protected monument;
   • (b) the custody of the protected 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 remove, alter, disfigure, destroy or demolish the monument;
   • (d) the facilities of access to be permitted to the public or any section thereof or to persons deputed by the owner or the Director to inspect or maintain the monument;
   • (e) the notice to be given to the State 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 State 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 State Government in connection with the maintenance of the monument;
   • (g) the proprietary or other rights which are to vest in the State Government in respect of the monument when any owner is unable to maintain it himself;
   • (h) the appointment of an authority to decide any dispute arising out of the agreement;
     • (i) any matter connected with the conservation or preservation of the monument which is a proper subject of agreement between the owner and the State Government.
3. (3) The terms of an agreement under this section may be altered from time to time with the sanction of the State Government and with the consent of the owner.
4. (4) The State Government or the owner may terminate an agreement under this section by giving three months' notice in writing to the other party.
5. (5) Any agreement under this section shall be binding on any person claiming to be owner of the protected monument to which it relates, from, through or under a party by whom or on whose behalf the agreement was executed.
6. (6) Any rights acquired by the State Government in respect of expenses incurred in maintaining or repairing the protected monument shall always be a first charge on the monument.

Owners under disability or not in possession.—

1. (1) If any 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 shall, for the purposes of this Act, be deemed to be the owner.
2. (2) Nothing in this Act shall be deemed to prevent the owner of a protected monument, in possession thereof, from conveying or creating any rights in the monument in the same manner and to the same extent as he could have done if this Act had not been passed.

Application of endowment to repair, etc., of protected monument.—

1. (1) Where any endowment is constituted for the purpose of the maintenance or repair of a protected monument or for the purpose of providing for the residence of any person engaged in the protection or maintenance of such monument, or for the performance of religious worship of any kind in the monument, or for any purpose connected with the maintenance or preservation of the monument, then, notwithstanding anything to the contrary in any law or any grant, deed or other document constituting the endowment, the State Government may direct that any portion of the endowment may be applied for the maintenance or repair of the monument, or for providing for the residence of any person engaged in the protection or maintenance of such monument or for the performance of religious worship of any kind in the monument or for any purpose connected with the maintenance or preservation of the monument.
2. (2) Where any such endowment is applied as aforesaid, the person responsible for the management of the endowment, whether in pursuance of any law, trust or otherwise, shall be relieved of any liability for the application of the endowment for the purposes aforesaid, but he shall not be relieved of any liability for the application of the endowment for any other purpose which is not in accordance with the law, trust or other document constituting the endowment.

Failure or refusal to enter into agreement.

1. (1) If any owner of any protected monument refuses or fails to enter into an agreement within such reasonable time as may be fixed by the Director, the Director may make a recommendation to the State Government for the acquisition of the protected monument under the Land Acquisition Act, 1894, or any other law for the time being in force for the acquisition of land for public purposes.
2. (2) The State Government may, if it is satisfied that the protected monument is required for public purposes, acquire the same under the Land Acquisition Act, 1894, or any other law for the time being in force as if for a public purpose.

Power of State Government to make an order, providing for preservation of protected monument.

1. (1) If the State Government is of opinion that any protected monument in respect of which an agreement has been entered into under section 6 or in respect of which an order has been made under section 9, is in danger of being destroyed, injured, misused, or allowed to fall into decay, it may make an order providing for all or any of the following matters, namely:—
   • (a) the appointment of an authority to be in charge of the monument;
   • (b) the restriction of the use of the monument;
   • (c) the regulation of the admission of persons to the monument;
   • (d) the levy of fees for such admission;
   • (e) the carrying out of such repairs or other work as may be necessary for the preservation of the monument.
2. (2) Any person aggrieved by an order made under sub-section
3. (1) may, within thirty days from the date of the order, appeal to the State Government, and the decision of the State Government on such appeal shall be final.

Enforcement of agreements

1. (1) An agreement entered into under section 10 shall be binding on the person by whom the same was executed and on every person claiming through him or her or under the title under which he or she held the monument or site at the time of the execution of the agreement.
2. (2) Every person who is entitled to the possession of the monument or site may, if he or she is unable to perform the agreement, be granted a proportionate reduction in the rent or other payment which he or she may be entitled to receive under the agreement.

Purchasers and persons claiming through owner bound by instrument executed by owner Every person who purchases any protected monument or site, or any part thereof, and every person claiming through him or her or under the title under which he or she held the monument or site at the time of the purchase, shall be bound by any instrument executed by the owner for the time being under section 9, 10 or 11.

Acquisition of protected monuments.

1. (1) If the Director has reason to believe that any protected monument is in danger of being destroyed, injured, misused, or allowed to fall into decay, the State Government may acquire the protected monument under the provisions of the Land Acquisition Act, 1894, as if the preservation of a protected monument were a public purpose within the meaning of that Act.
2. (2) The powers of the State Government under sub-section
3. (1) shall not be exercised in the case of any monument which is—
   • (a) used for religious observances; or
   • (b) maintained by the owner under an agreement entered into under section 6.

Maintenance of certain protected monuments.

1. (1) The State Government may make arrangements for the maintenance of any protected monument which it has acquired under section 13 or which it has entered into an agreement to maintain under section 6.
2. (2) For the purposes of maintenance as aforesaid, the Director or any officer authorised by him in this behalf may, at all reasonable times, enter upon the site of the protected monument for the purpose of carrying out such repairs or other works as may be necessary for the preservation of the monument.

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 for the same.

Protection of place of worship from misuse, pollution or desecration. —

1. (1) A protected monument maintained by the State Government under this Act, which is a place of worship or shrine, shall not be used for any purpose inconsistent with its religious character.
2. (2) Where the Director has reason to believe that any protected monument maintained by the State Government under this Act, which or any part whereof is a place of worship or shrine, is being used in contravention of sub-section (1), he shall, by order, prohibit such use and may take such steps including the use of force, as he may deem necessary to prevent such use.
3. (3) Any person who violates the provisions of sub-section
4. (1) or any order made under sub-section
5. (2) shall, on conviction, be punished with imprisonment which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

Relinquishment of Government rights.—With the sanction of the State Government, the Director may at any time relinquish the rights of Government in any protected monument or protected area acquired by him under this Act.

Right of access to protected monument.—Subject to any rules made under this Act, the public shall have a right of access to any protected monument.

Protected Areas

Penalties.—

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
2. (1) of section 9 or sub-section
3. (1) of section 10, shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five thousand rupees, or with both.
4. (2) Any person who moves any antiquity in contravention of a notification issued under sub-section
5. (1) of section 25 shall be punishable with fine which may extend to five thousand rupees; and the court convicting a person of any such contravention may by order direct such person to restore the antiquity to the place from which it was moved.

Jurisdiction to try offences.—No court inferior to that of a Magistrate of the First Class shall try any offence under this Act.

Protected Monuments and Protected Areas

Certain offences to be cognizable.

Special provision regarding police report Special provision regarding police report. No Magistrate shall take cognizance of any offence punishable under this Act except upon a report in writing of the facts constituting such offence made by an officer of the Archaeological Department of the State Government not below the rank of a Deputy Director of Archaeology or by such officer as the State Government may, by notification in the Official Gazette, specify in this behalf.

Public Rights of Access to Protected Monuments

Power to arrest without warrant.

1. (1) Any police officer may arrest without warrant any person who is against whom a reasonable suspicion exists of his having been guilty of an offence under clause
   • (a) of section 19 or sub-section
2. (2) of section 20.
3. (2) Every person so arrested shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

Antiquities

Power to recover expense incurred on restoration, etc.

Assessment of market value Assessment of market value.

1. (1) The market value of any property which the Government is empowered to acquire at such value under this Act or the compensation to be paid by the Government in respect of any acquisition or eviction therefrom shall, where any dispute arises in respect of such value or compensation, be ascertained in accordance with the provisions of the Land Acquisition Act, 1894 (I of 1894).
2. (2) Notwithstanding anything contained in sub-section (1), in determining the market value of any protected monument or protected area, the Collector shall not take into account the antiquity of the monument or the archaeological value of the site or remains.

Magistrate's powers to impose enhanced penalties. Notwithstanding anything contained in section 29 or section 32 of the Code of Criminal Procedure, 1898 (V of 1898), it shall be lawful for any Magistrate of the first class specially empowered by the State Government in this behalf to pass a sentence of imprisonment or fine authorized by this Act in excess of his powers under the said sections.

Miscellaneous

Recovery of amounts due to the Government. — Any amount due to the Government from any person under any of the provisions of this Act may be recovered as an arrear of land revenue.

Ancient monuments, etc., no longer required to be maintained by Government. — If the State Government is of opinion that any ancient and historical monument or archaeological site and remains declared to be a protected monument or a protected area under this Act, is no longer of national importance or is not required to be maintained by the Government, it may, by notification in the Official Gazette, declare that the ancient and historical monument or archaeological site and remains shall cease to be a protected monument or a protected area.

Power to correct mistakes, etc.

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

Protection of action taken under Act

1. (1) No suit, prosecution or other legal proceeding shall lie against the Government or any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules or orders made thereunder.

Power to make rules.

1. (1) The State Government may, by notification in the Official Gazette, 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 and other operations of a like nature on any protected area or the construction of buildings on any such area or the practice of any cultivation or irrigation on such area which may cause injury or damage to any such area;
   • (b) the preservation, maintenance and protection of protected monuments;
   • (c) the forms of reports to be made by the Director;
   • (d) the form of license to be granted by the Director for the excavation of any archaeological site or remains;
   • (e) the fees to be charged for the grant of any such license;
   • (f) the manner in which the public may be allowed access to any protected monument or protected area and the fees to be charged for such access;
   • (g) any other matter which is to be or may be prescribed under this Act.
3. (3) The power to make rules conferred by this section shall be subject to the condition of previous publication.
4. (4) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.

Power to relax. The State Government may, if it is of the opinion that it is necessary or expedient in the public interest so to do, by order and for reasons to be recorded in writing, relax any of the provisions of this Act or of any rules made thereunder in respect of any protected monument or any ancient and historical monument or archaeological site and remains or any class of protected monuments or ancient and historical monuments or archaeological sites and remains.

-1 33. Repeal and saving.

1. (1) The Ancient Monuments Preservation Act, 1904, in its application to the State of Gujarat, shall in so far as it relates to matters provided for in this Act, be repealed: Provided that such repeal shall not affect—
   • (a) the previous operation of the Act so repealed, or
   • (b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed, or
   • (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the Act so repealed, or
   • (d) any investigation or 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 this Act had not been passed.
2. (2) Notwithstanding the repeal of the Act aforesaid, every protected monument or archaeological site and remains declared as such under the Act so repealed, shall be deemed to be a protected monument or an archaeological site and remains declared under this Act.