Chapter VI MISCELLANEOUS

(1) For the purpose of advising the State Government in the matter of the preservation and maintenance of protected monuments and protected areas, and such other matters incidental to the administration of this Act as may be referred to it by the State Government, the State Government may constitute a State Advisory Board under such name as it may specify.

(2) The constitution of the Advisory Board, the term of office of its members, and the procedure regarding its work, shall be such as may be prescribed.

(3) The members of the Board shall be entitled to payment of such travelling allowance, as may be prescribed.

The State Government may, by notification in the Official Gazette, direct, that any 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 the Director or such other officer not below the rank of Collector, as may be specified in the direction.

Notwithstanding anything contained in this Act, the State Government may from time to time issue directions for the guidance of its officers in matters connected with the administration of this Act and the officers shall comply with such directions.

(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 9 or under sub-section (1) of section 10, or

(iii) removes from a protected monument any sculpture, carving, image, basrelief, inscription, or other like object, or

(iv) does any act in contravention of sub-section (1) of section 21,

shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both.

(2) Any person who contravenes any of the provisions of a notification issued under sub-section (1) of section 17 shall, on conviction, be punished with fine which may extend to two thousand rupees, and if the contravention is continued after conviction, with a further fine which may extend to twenty five rupees for each day on which the contravention is so continued, and if such contravention is continued after the expiry of such period as the Court may determine, the State Government shall in addition have power to do all such acts as in its opinion are necessary for removing so much of the building, structure or work as is not in conformity with the provisions of the notification for making it in conformity with such provisions and any expense incurred by the State Government shall be recoverable from the person convicted as an arrear of land revenue.

(3) Any person who moves any antiquity in contravention of a notification issued under sub-section (1) of section 23 shall on conviction, be punished 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.

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

Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence under clause (i) or clause (iii) of sub-section (1) of section 31 shall be deemed to be a cognizable offence within the meaning of that Code.

Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898, it shall be lawful for any magistrate of the first class specially empowered by the State Government in this behalf, and for any magistrate exercising the powers of a Presidency Magistrate 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 State Government from any person under this Act may, on a certificate issued by the Director or an officer authorised by the State Government in this behalf, be recovered as an arrear of land revenue.

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 protected area should cease to be such monument or area, it may, by notification in the Official Gazette, declare that the ancient and historical monument or archaeological site and remains has censed to be a protected monument or a protected area, and thereupon such monument or area shall cease to be a protected monument or 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 and historical 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 State Government by notification in the Official Gazette.

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) The State 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 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 land adjoining such monument and the removal of unauthorised buildings;

(b) the right of access of the public to a protected monument and the fee, if any, to be charged therefore;

(c) the form in which applications for permission under section 21 or section 23 may be made and the particulars which they should contain;

(d) the form and manner of preferring appeals under this Act, and the time within which they may be preferred;

(e) the manner of service of any order or notice under this Act;

(f) the constitution, the term of office of the members and the procedure of the State Advisory Board and the travelling allowance payable to its members;

(g) any other matter which is required or allowed by this Act to be prescribed.

(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 for a term which may extend to three months, or with tine 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 hundred rupees.

(4) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they arc made, and shall be subject to rescission by the State Legislature or to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.

(5) Any rescission or modifications so made by the Slate Legislature shall be published in the Official Gazette and shall thereupon take effect.

Save as expressly provided, the provisions of this Act shall be in addition to, and not in derogation of the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, in so far as it relates to entry 40 in List III in the Seventh Schedule to the Constitution of India, or any other law relating to that entry for the time being in force.

On the date of commencement of this Act, the following Acts shall be repealed, namely:-

(1) the Ancient Monuments Preservation Act, 1904, in its application to the State of Gujarat and in so far as it relates to entry 12 in List II and entry 40 in List III in the Seventh Schedule to the Constitution; and

(2) the Saurashtra Ancient Monuments Preservation Act, 1956; Provided that such repeal shall not affect.-

(a) the previous operation of any Act so repealed;

(b) any right, privilege, obligation or liability acquired, accrued or incurred under any Act so repealed;

(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any Act so repealed, or

(d) any investigation, 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 come into force:

Provided further that, subject to the preceding proviso and section 3, anything done or any action taken (including any appointment or delegation made, notification, declaration, direction or order issued, rule or form framed, sanction, permission or licence granted or agreement executed) under any Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act, and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act.

(1) Nothing in this Act shall apply to ancient and historical monuments, or archaeological sites or remains, declared by or under any law made by Parliament to be of national importance, or to any antiquities to which the Ancient Monuments and Archaeological Sites and Remains Act, 1958, applies. (2) Where any ancient and historical 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 area for the purposes of this Act