The Jharkhand Ancient Monument and Archaeological Sites, Remains and Art Treasure Act, 2016

झारख ड गजट

असाधारण अंक

झारख ड सरकार ारा कािशत

3 ये , 1938 (श०) सं या 362 राँची, मंगलवार,

24 मई, 2016 (ई०)

विध ( वधान) वभाग

---------अिधसूचना

23 मई, 2016

सं या-एल0जी0-08/2016-93/लेज० झारख ड वधान मंडल का िन निल खत अिधिनयम, जस पर रा यपाल दनांक 11 मई, 2016 को अनुमित दे चुके ह , इसके ारा सव साधारण क सूचना के िलये कािशत कया जाता है।

झारख ड ाचीन मारक और पुरात व- थल, अवशेष तथा कलािनिध अिधिनयम, 2016 (झारखंड अिधिनयम सं या-14, 2016)

संसद ारा बनाई गई विध के ारा या अधीन रा ीय मह व के घो षत ाचीन मार और पुरात व- थल तथा अवशेष से िभ न झारख ड-रा य थत ाचीलन मारक तथा पुरात व थल और अवशेष के प रर ण, पुरात व खुदाई के विनयमन और पुरावशेष के सुर ण का उपबंध करने के िलए अिधिनयम।

उ ेिशका:- भारत गणरा य के सरसठव वष म झारख ड रा य वधान मंडल ारा िन निल खत प से अिधिनयिमत हो:-

(1) यदि राज्य सरकार समझे कि कोई पुरावशेष या पुरावशेष-वर्ग उसकी मंजूरी के बिना किसी स्थान से नहीं हटाया जाना चाहिए, जहां वह रखा गया है, तो राज्य सरकार सरकारी गजट में अधिसूचना द्वारा यह निदेश दे सकेगी कि ऐसा कोई पुरावशेष या पुरावशेष-वर्ग निदेश को लिखित अनुमति के बिना नहीं हटाया जा सकेगा। (2) उपधारा (1) के अधीन अनुमति के लिए हरेक आवेदन-पत्र यथाविहित प्रपत्र में होगा और उसमें यथाविहित विवरण दिये जायेंगे। (3) अनुमति की अस्वीकृति के आदेश के विरुद्ध राज्य सरकार के पास अपील की जा सकेगी जिसका निर्णय अंतिम होगा。

In this Act, unless there is anything repugnant in the subject or context- a) "Ancient Monument" means any structure, erection or monument or any tumulus or place of internment, or burning or nay cave, stone 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 thereof, ii) the site thereof, iii) the portion of land adjoining such site which may be necessary or required for the preservation, protection, upkeep and maintenance of the same; and iv) the means of access thereto and convenient inspection and repairs thereof; b) "Antiquity" includes- i) any coin, sculpture, painting, epigraph, or other work of art or craftsmanship; ii) any article, object or thing detached form a building or cave; iii) any article, object or thing illustrative of science, art, crafts, literature, religion, customs, morals or politics of bygone ages; iv) any article, object or thing of historical interest; and v) any article, object or thing which the State Government may by reason of its historical or archaeological association by notification in the Official Gazette, declare to be any antiquity for the purpose of this ordinance and which has been in existence for not less than one hundred years and vi) any manuscript, record or other document which is of scientific, historical, literary or aesthetic value and which has been in existence for not less than seventy five years. c) "Art teasure" means any human work of art, not being an antiquity declared by the state government by notification on the Official Gazette, to be an art treasure for the purposes of this Act having regard to ist historical and aesthetic value. Provided that no declaration under this clause shall be made in respect of any such work of art so long as the author thereof is alive: d) "Archaeological Officer" means any officer of the Department of Archaeology and Museums of the State Government not below such rank as the State Government may from time to time prescribe: e) "Archaeological site and remains" any area which contains or is reasonably believed to contain ruins or relics of historical or archaeological importance and which have been is existence for not less than one hundred years and includes- i) such portion of lands as adjoining the area may be required for fencing or covering in or otherwise preserving it; and ii) the means of access to, and convenient inspection of the area; f) "Director" means Director of Archaeology and Museums of the State Government and includes any officer authorized by the State Government to perform the duties of the Director; g) "Maintain" with its grammatical variations and cognate expressions includes the fencing, covering, repairing, restoring and cleaning of a protected monument and the doing of any act which may be necessary for the purpose of preserving a protected monument or creating an ambience conducive to it or securing convenient access thereto. h) "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; i) "Prescribed" means prescribed by rules made under this Act. j) "Protected area" means any archaeological site and remains which is declared to be a protected area by or under this act. k) "Protected monument" means ancient monument which is declared to be a protected monument by or under this Act and l) "State Government" means the State Government of Jharkhand.

(1) Where the State Government is of opinion that any ancient monument or archaeological site and remains requires protection under this Act, it may by notification in the Official Gazette, give two months notice of its intention to declare such ancient monument or archaeological site and remains to be a protected monument or a protected area as the case may be; and a copy of every such notification shall be affixed in a conspicuous place near the monument or the site and remains, as the case may be; (2) Any person interest in any such ancient monument or archaeological site and remains may, within two months after the issue of the notification, object to the declaration of the monuments or the archaeological site and remains, to be a protected monument or a protected area, (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, the ancient monuments or the archaeological site and remains, as the case may be to be a protected monument or a protected area. (4) A notification published under sub-section (3) shall, unless and until it is withdrawn by conclusive evidence of the fact that the ancient monument or the archaeological site and remains to which it relates is a protected monument or a protected area for the purpose to this Act.

(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) Where a protected monuments is without an owner, the Director may, by notification in the Official Gazette, assume the guardianship of the monument. (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) When the Director has accepted the guardianship of a monument under sub section (3), the owner shall, except as expressly provided in this Act, have the same estate, right, title or interest in and to the monument as if the Director had not been constituted a guardian thereof; and the provision of this Act relating to the agreement executed under section 5 shall apply to the written instrument executed under sub-section (3). (5) Nothing in this section shall affect the use of any protected monument for customary religious observances.

(1) The Director, when so directed by the State Government, shall propose to the owner of the protected monument to enter into an agreement with the State Government within a specified period for the maintenance of the monument. (2) An agreement under this section may provide for all or any of the following matter, namely:- (a) the maintenance of the monument; (b) the custody of the monument and the duties of any person who may be employed to look after 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 destroy, remove, alter or deface the monument or (iv) to build on or near the site of the monument; (d) the facilities of access to be permitted to the public or any section thereof or to archaeological officer or other officer or authority authorized by the State Government 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 or any adjoining land is offered for sale by the owner, and the right to be reserved to the 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 Government in connection with the maintenance of the monument; (g) the proprietary or other rights which are to vest with the State Government is respect of the monument when any expenses are incurred by the State Government in connection with the maintenance of the monument; (h) the appointment of any authority to decide any dispute arising out of the agreement; and (i) the matter connected with the maintenance of the monument which is a proper subject of agreement between the owner and the State Government; (3) The State Government or the owner may, at any time, after the expiration of three years from the date of execution of an agreement under this section, terminate it on giving six months notice in writing to the other party: Provided that when the agreement is terminated by the owner, he shall pay to the State Government the expenses, if any, incurred by it on the maintenance of the monument during the five years immediately preceding the termination of the agreement or, if the agreement has been in force for a shorter period, during the period the agreement was in force. (4) An agreement under this section shall be binding on any person claiming to be the owner of the monument to which it relates, from through or under a party by whom or on whose behalf the agreement was executed.

(1) If the owner of a protected monument is unable, by reason of minority, 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 a protected monument which is a village property, the headman or other village office 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 observance of that religion.

(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, and if any endowment has been created for the purpose of keeping such monument in repair or for that purpose among others, the State Government may institute a suit in the Court of the District Judge or if the estimated cost of repairing the monument does not exceed Rs. 50,000, 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 ay person whose evidence appears to him necessary and may pass an order for the proper application of the endowment or any part thereof any any such order may be executed as if it was a decree of the 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 State 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) Whether an order made under sub- section (1) provides that the monument shall be maintained by the owners or others person competent to enter into an agreement, all reasonable expenses for the maintenance of the monument shall be payable by the State 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.

(1) If the Director apprehends that the owner or occupier of a protected monument intends to destroy, remove, alter, deface, imperil or misuse the monument or to build on or near the site thereof in contravention of the terms of a agreement executed under section 5, the Director may, after giving the owner or occupier an opportunity of making a representation in writing make an order prohibiting any such contravention of the agreement. Provided no such opportunity need be given in any case when the Director, for reasons to be recorded, is satisfied that it is expedient or practicable to do so. (2) Any person aggrieved by an order under this section may appeal to the State Government within such time and in such manner as may be prescribed and the decision of the State Government shall be final.

(1) If an owner or other person who is bound to maintain a monument by an agreement executed under section 5 refuses or fails within such reasonable time as the director may fix, to do any act which in the opinion of the director is necessary for the maintenance of the monument the Director may authorize 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 State Government whose decision shall be final.

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

If the State Government apprehends that a protected monument is in danger of being destroyed, injured, misused or allowed to fall into decay, it may acquire the protected monument under the provision of the Land Acquisition Act, 1894 (I of 1894), as if the maintenance of the protected monument were a public purpose within the meaning of that Act.

(1) The State Government shall maintain every monument which has been acquired under section 12 or in respect of which any of the rights mentioned in section 4 has been acquired. (2) When the Director has assumed the guardianship of a monument under section 4, he shall, for the purpose of maintaining such monument, have access to the monument at all reasonable times, by himself and by his agents subordinates and workmen for the purpose of inspecting the monument and for the purpose of bringing such materials and doing such acts as he may consider necessary or desirable for the maintenance thereof.

The Director may receive voluntary contributions towards the cost of maintaining a protected monument and may give such general or special directions as he considers necessary for the management and application of the contribution so received by him. Provided that no contribution received under section shall be applied to any purpose other than the purpose for which it was contributed.

(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 sanctity. (2) Where the State Government has acquired a protected monument under section 12, or where the Director has purchased or taken a lease or accepted a gift or bequest or assumed guardianship of a protected monument under section 4, and such monument or any part thereof is used for religious worship or observances by any community, the Director shall make due provision for the protection of such monument or part thereof, from pollution or desecration :- (a) by prohibiting the entry therein, except in accordance with the conditions prescribed with the concurrence of the persons, if any in religious charge of the said monument or part thereof, of any person not entitled so to enter by the religious usage of the community by which the monument or part thereof is used or (b) by taking such other action as Director may think necessary in this behalf.

With the sanction of the State Government, Director may :- (a) Where rights have been acquired by the Director in respect of any monument under this act by virtue of any sale, lease, gift or will relinquish, by notification in the Official Gazette, the rights so acquired to the person who would for the time being be the owner of the monument if such rights had not been acquired ; or (b) Relinquish any guardianship of a monument which he has assured under this Act.

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

(1) Ǒकसी सुरǔ¢त ¢ेğ के èवामी या दखलकार सǑहत कोई åयǒƠ, राÏय सरकार कȧ अनुमित के ǒबना न तो Ǒकसी सुरǔ¢त ¢ेğ के भीतर कोई भवन या अÛय िनमा[ण काय[ करेगा, न उस ¢ेğ मɅ खनन, उ×खनन, खुदाई, ǒवèफोट या इस Ĥकार का कोई अÛय काय[ करेगा, ओर न उस ¢ेğ या उसके Ǒकसी भाग का अÛय उपयोग करेगा। परÛतु इस उपधारा के उपबंध से Ǒकसी ऐसे ¢ेğ या उसके Ǒकसी भाग का कृǒष के िलए उपयोग Ĥितǒषƨ न समझा जायेगा, यǑद कृǒष के िलए सतह से एक फुट से अिधक गहरȣ िमÒटȣ खोदना न पड़े। (2) राÏय सरकार, आदेश Ʈारा, यह िनदेश दे सकेगी Ǒक उपधारा(1) के उपबÛधɉ के ǒवǾƨ Ǒकसी सुरǔ¢त ¢ेğ के भीतर Ǒकसी åयǒƠ Ʈारा िनिम[त भवन या अÛय िनमा[ण उǔãलǔखत अविध के भीतर हटा Ǒदया जाय और यǑद वह åयǒƠ उस आदेश का अनुपालन करना अèवीकार करे या उसका पालन न करे तो िनदेशक उस भवन को हटवा सकेगा और भवन हटवाने का खच[ उस åयǑकत Ʈारा देय होगा। The State Government may, by order, direct that any structure or building constructed by any person within a protected area in contravention of the provision of sub-section (1) shall be removed within a specified period and, if the person refuses or fails to comply with the order, the Director may cause the building to be removed and the person shall be liable to pay the cost of such removal.

If the State Government considers necessary for sake of protecting the monument/protected site/area, it may acquire such area under the provisions of the Land Acquisition Act, 1894 (I of 1894) in the interest of public purposes.

An archaeological officer or an officer authorized by him in this behalf or any person holding a licence granted in this behalf under this Act (hereinafter referred to as the licensee) may, after giving notice in writing to the Director and the owner, enter upon and make excavations in ay protected area if it is not inconsistent with the provisions of section 24 of the Ancient Monuments Provisions, Archaeological Sites and Remains Act, 1958 (24, 1958).

Subject to the provisions of section 24 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (XXVI of 1959), where an archaeological officer has reason to believe that any area not being a protected area contains ruins or relic of historical or archaeological importance, he or an office authorized by him in this behalf may, after giving notice in writing to the Director and the owner, enter upon and make excavations in the area if it is not inconsistent with the provision of section 24 of the Ancient Monuments and Archaeological sites and Remains Act, 1958 (24, 1958)

(1) Whereas a result of any excavations made in any area under section 20 or section 21, any antiquates are discovered, the archaeological officer or the license, as the case may be, shall - (a) as soon as practicable, examine such antiquities and submit a report to the State Government in such manner and containing such particulars as may be prescribed. (b) At the conclusion of the excavation operations, give notice in writing to the owner of the land from which such antiquities have been discovered, as to the nature of such antiquities. (2) Until an order for the compulsory acquisition of any such antiquities is made under sub-section (3), the archaeological officer or the licensee, as the case may be, shall keep them in such safe custody as he may deem fit. (3) On receipt of a report under sub-section (1), the State Government may make an order for the compulsory acquisition of any such antiquities at their market value. (4) When an order for the compulsory purchase of any antiquity is made under sub-section (2), such antiquities shall vest with the State Government with effect from the date of order.

Save as provided in the section 21 no archaeological officer or other authority shall undertake, or authorize any person to undertake, any excavation or other like operation for archaeological purposes in any area which is not a protected area except with the previous approval of the State Government and in accordance with such rules or directions, if any, as the State Government may make or give in this behalf.

(1) (i) If the State Government considers that any antiquity or class of antiquities ought not to be moved from the place where they are without their sanction, the State Government may, by notification in the Official Gazette, direct that any such antiquity or any class of such antiquities shall not be mover except with the written permission of the Director. (ii) Every application for permission under sub- section (1) shall be in such form and contain particulars as may be prescribed. (iii) An appeal shall lie to the State Government against an order refusing permission whose decision shall be final. (2) Any antiquity (sculpture, painting, inscription, ancient architectural member, manuscript, craft etc.) owned by any person within the limits of the state, shall be registered with the Deptt. of Archaeology for which an officer shall be nominated in the Deptt. Any person who keeps any antiquity in contravention of the provision of this Act shall be punishable with imprisonment upto three months or with fine upto Rs. 25,000 or with both.

(1) If the State Government apprehends that any antiquity mentiones in notification issued under sub-section (1) of Section 24, 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 archaeological importance, it is desirable to preserve such antiquity in a public place, the State Government may make an order or the compulsory acquisition of such antiquity and the director shall thereupon give notice to the owner of the antiquity to be acquired. (2) Where a notice of compulsory acquisition is issued under sub-section (1) in result of any antiquity, such antiquity shall vest in the State Government with effect from the date of the notice. (3) The power of the compulsory acquisition given by this section shall not extend to any image or symbol actually used for bonafide religious observances.

Any owner or occupier of land who has sustain any loss or damage or any diminution of profits form the land by reason of any entry on, or excavations in such land or the exercise of any other power conferred by this Act shall be paid compensation by the State Government for such loss, damage or diminution of profits.

(1) The value of any property which the State Government is empowered to purchase at such value under this Act or the compensation to be paid by the State Government is respect of anything done under this Act; shall where any dispute arises in respect of such value or compensation be ascertained in the manner provided in section 3, 5, 8, to 34, 45, 46, 47, 51 and 52 of the Land Acquisition Act, 1894 (I of 1894). So far as they can be made applicable ; Provided that, when making an enquiry under the Land Acquisition Act, the Collector shall be assisted by two assessors, one of who shall be a competent person nominated by the State Government within such time as may be fixed and one person nominated by the owner, or in case the owner fails to nominate an assessor within such time as may be fixed by the Collector in this behalf, by the Collector. (2) The value of an antiquity which the State Government is empowered to acquire at such value under this Act, or the compensation to be paid by the State Government in respect of any thing done under this Act, where any dispute arise in respect of such value, the Collector shall be assisted by two assessors, one of whom shall be a competent person nominated by the owner, or by himself in case the owner fails to nominate an assessor within such time as may be fixed by the Collector in this behalf. (3) Notwithstanding anything in sub-section (1) or in the Land Acquisition Act, 1894 (I of 1894), in determining the market value of any antiquity in respect of which an order for compulsory acquisition is made under sub -section (3) of section 22 or under sub-section (1) of section 25, any increase in the value of the antiquity by reason of its being of historical or archaeological importance shall not be taken into consideration.

The State Government may, by notification in the Official Gazetteer, 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 such officer or authority subordinate to the State Government as may be specified in the directions.

कोई भी व्यक्ति, एंटीक्विटीज एंड आर्ट ट्रेजर्स एक्ट, 1972 (52, 1972) की धारा 8 के उपबंधों के अनुसार केंद्रीय सरकार द्वारा दिये गये लाइसेंस के अधीन ही किन्हीं पुरावशेषों एवं कला निधियों का व्यापार कर सकेगा, अथवा नहीं।

कोई भी व्यक्ति एंटीक्विटीज एंड आर्ट ट्रेजर्स एक्ट, 1972 (52, 1972) की धारा 5 एवं 8 के उपबंधों के अधीन रहते हुए राज्य सरकार की अनुज्ञा के बिना, न तो किसी पुरावशेष या कला निधि की बिक्री करेगा, न उसे हटायेगा अथवा उसका दान करेगा या उसके स्वामित्व को अन्यथा अंतरित करेगा।

राज्य सरकार द्वारा इस निमित्त प्राधिकृत कोई पुरातत्व पदाधिकारी, किसी ऐसे पुरावशेष की जांच कर सकेगा और उसका फोटोग्राफ ले सकेगा जो किसी व्यक्ति या धार्मिक संस्था अथवा (प्राइवेट) निजी संग्रहालय के कब्जे या अभिरक्षा में हो।

(1) whosoever owns or is in possession, custody or control of any antiquity, on the date of the coming into force of this Act shall, within the period of sixty days from the commencement of this Act make a declaration to that effect to the Director, or to such authority and in such form as may be prescribed. (2) Whosoever owns or comes in possession, custody or control of any antiquity after the coming into force of this Act, shall, within the period of fifteen days of owing or coming into possession custody or control of such antiquity make a declaration to that effect to the Director, or to such authority and in such form as may be prescribed. Provided that the above provisions shall not apply to the officers of the Archaeological Survey of India.

जो कोई व्यक्ति किसी पुरावशेष का स्वामी हो अथवा (कोई पुरावशेष) उसके कब्जे, अभिरक्षा या नियंत्रण में कोई पुरावशेष हो, वह उसके खोने या नष्ट होने की दशा में पुरावशेष के खोने या नष्ट होने के साठ दिनों के भीतर यथाविहित प्राधिकारी को यथाविहित फॉरम में इसकी जानकारी देगा।

(1) Any person being an officer of Government, authorized on its behalf by the State Government, may with a view to securing compliance with the provisions of this Act or to satisfying himself that provisions of this Act have been complied with :- (I) enter and search any place: (II) seize any antiquity or art treasure in respect of which he suspects that any provision of this Act has been, is being, or is about to be contravened and thereafter take all measures necessary for securing the production of the antiquity or art treasure so seized in a Court and for its safe custody, pending such production. (2) The Provision of section 100 (1), 100 (3), 100 (4) and 100 (5) of the code of the Criminal Procedure, 1973 relating to search and seizure shall, so far as may be applied to searches and seizures under this section.

यदि ऐसा प्रश्न उठे कि कोई वस्तु, पदार्थ, चीज अथवा हस्तलेख, लिखित प्रमाण अथवा अन्य प्रलेख इस अधिनियम के अंतर्गत पुरावशेष अथवा कला निधि है कि नहीं, निदेशक, पुरातत्व एवं संग्रहालय, झारखंड अथवा उसके द्वारा प्राधिकृत किसी पदाधिकारी को यह मामला सौंपा जायेगा तथा निदेशक अथवा प्राधिकृत पदाधिकारी का निर्णय अंतिम होगा।

(1) यदि कोई व्यक्ति:- (क) किसी सुरक्षित स्मारक को नष्ट, स्थानांतरित, क्षतिग्रस्त, परिवर्तित, विरूपित, आपदाग्रस्त या दु्र्पयोोजित करें, या (ख) किसी सुरक्षित स्मारक का स्वामी या दखलकार होते हुए धारा 8 की उपधारा (1) या धारा 9 की उपधारा (1) के अधीन किसी आदेश का उल्लंघन करें, या (ग) किसी सुरक्षित स्मारक से कोई मूर्ति, नक्काशी, प्रतिमा, उत्कीर्ण, पुरालेख या इस प्रकार की कोई अन्य वस्तु हटाये, या (घ) धारा-18 की उपधारा (1) का उल्लंघन करते हुए कोई कार्य करें, या (ड.) धारा-32 की अपेक्षानानुसार घोषणा करने में असफल रहे, या (च) धारा-33 की अपेक्षाओं के अनुसार सूचना देने में असफल रहे, तो उसे तीन महीने तक के कारावास का या पांच हजार रुपये तक के जुर्माने का या दोनों प्रकार का दंड दिया जा सकेगा। (2) जो व्यक्ति:- (क) राज्य सरकार द्वारा अनुदान लाइसेंस के बिना पुरावशेष का व्यापार करेगा, अथवा (ख) राज्य सरकार की अनुमति के बिना कोई पुरावशेष या कला निधि बेचेगा, हटाएगा या उसे दान करेगा या अन्यथा उसके स्वामित्व या अंतरण करेगा, अथवा (ग) किसी मंदिर, पुरातत्व स्थल, प्राइवेट संग्रहालय अथवा महत्वपूर्ण धार्मिक स्थान से किसी पुरावशेष या कला निधि की चोरी करेगा, वह तीन वर्ष तक के कारावास या पचास हजार रुपये तक के जुर्माने से या दोनों से दंडनीय होगा। (3) यदि कोई व्यक्ति धारा 24 की उपधारा (1) के अधीन जारी की गयी अधिसूचना का उल्लंघन करते हुए कोई पुरावशेष हटावे, तो उसे पच्चीस हजार रुपये तक के जुर्माने का दंड दिया जा सकेगा और न्यायालय किसी व्यक्ति को ऐसे उल्लंघन का दोषी ठहराते हुए कोई पुरावशेष हटावें, तो उसे पच्चीस हजार रुपये तक के जुर्माने का दंड दिया जा सकेगा और न्यायालय किसी व्यक्ति को ऐसे उल्लंघन का दोषी ठहराते हुए यह आदेश दे सकेगा कि वह व्यक्ति उक्त पुरावशेष की उसी जगह पुनःस्थापित कर दे जहां से वह हटाया गया हो।

द्वितीय श्रेणी न्यायिक दंडाधिकारी न्यायालय से निम्न स्तर का कोई न्यायालय इस अधिनियम के अधीन किसी अपराध का परीक्षण न करेगा।

Notwithstanding anything contained in the code of Criminal Procedure 1973, an offence under clause (i) or clause (ii) of sub-section (1) and clause (iii) of sub-section 2 of section 36 shall be deemed to be a cognizable offence within the meaning of that code.

Notwithstanding anything in section 29 of the Code of Criminal Procedure 1973, 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 fine exceeding Rs. 2,000 on any person convicted to an offence which under this Act is punishable with fine exceeding Rs. 2,000.

Any amount due for the State Government from any person under this Act on a certificate issued by the Director or an archaeological officer authorized by him in this behalf be recorvered in the same manner as an arrear of land revenue.

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

Any clerical mistake, patent error or error arising from accidental slip or omission in 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 State Government by notification in the Official Gazette.

इस अधिनियम द्वारा प्रदत्त, शक्ति के प्रयोग में किए गए या सद्भावपूर्वक किए जाने से अभिप्रेत किसी काम के संबंध में किसी लोक सेवक के विरुद्ध मुआवजा के लिए वाद न चलाया जाएगा, न कोई दंड-कार्यवाही ही चलाई जायेगी।

(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purpose 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 building on land adjoining such monument and the removal of unauthorized building; (b) The grant of licenses and permissions to make excavations for archaeological purposes in protected areas, the authorities, by whom and the restrictions and conditions subject to which , such licenses may be granted, the training of securities from licenses and the fees that may be charged for such licenses; (c) The right of access of the public to a protected monument and the fee, if be charged thereof; (d) The form and contents of the report of an archaeological officer or a licenses under clause (a) of sub -section (1) of section 22; (e) The form in which application for permission under section 18 or section 24 may be made and the particulars which they should contain; (f) The form and manner of preferring appeals under this Act 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) 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 Rs. 25,000 or with both; (ii) in the case or rule made with reference to clause (b) of sub-section (2), with fine which may extend to Rs. 25,000; (iii) in the case of a rule made with reference to clause (c) of sub-section (2), with fine which may extend to Rs. 25,000. (4) Every rule made under this section shall be laid as soon as may be after it is made, before House of the State legislature 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 expiry of the session in which it is so laid or the session immediately following the House agree in making any modification in the rule or the House agree that the 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.

(a) To ancient monuments or archaeological sites and remains which have been or may hereafter be declared by or under the Ancient Monuments and Archaeological Sites and Remains Act 1958 (XXIV of 1958) or by or under any other law made by parliament to be national importance; or (b) To antiquities to which the provisions of the Ancient Monuments and Archaeological Site and Remains Act, 1958 (XXIV of 1958), apply for the time being ; or (c) To ancient monuments or archaeological sites and remains or antiquities to which the provisions of the Ancient Monuments Preservation Act, 1904 (VII of 1904) apply for the time being.