Chapter II Chapter II

Protected Monument

1. (1) The State Government may, by notification in the Official Gazette, declare an ancient monument or archaeological site or remains to be a protected monument for historical importance within the meaning of this Act.
2. (2) A copy of every notification published under sub-section
3. (1) shall be fixed up in a conspicuous place on or near the monument together with an intimation that any objection to the issue of the notification received by the State Government within one month from the date when it is so fixed will be taken into consideration.
4. (3) On the expiry of the said period of one month, the State Government, after considering the objections, if any, shall confirm or withdraw the notification.
5. (4) A notification published under this Act shall, unless and until it is withdrawn, be conclusive evidence of the fact that the monument to which it is related is an ancient monument within the meaning of this Act.

1. (1) The State Archaeological Officer, with the sanction of the State Government, may purchase, or take a lease of, or accept a gift or bequest of any protected monument or archaeological site and remains.
2. (2) When a protected monument or archaeological site and remains is without an owner, the State Archaeological Officer may, by notification in the official Gazette, assume the guardianship of the monument or archaeological site and remains.
3. (3) The owner of any protected monument or archaeological site and remains may, by written instrument, constitute the State Archaeological Officer the guardian of the monument or archaeological site and remains, and the State Archaeological Officer may, with the sanction of the State Government, accept such guardianship.
4. (4) When the State Archaeological Officer has accepted the guardianship of a monument under sub-section
5. (3) the owner shall, except as expressly provided in this Act, have the same estate, right, title and interest to and in the monument or archaeological site and remains as if the State Archaeological Officer had not been constituted guardian thereof.
6. (5) When the State Archaeological Officer has accepted the guardianship of a monument site and remains under sub-section (3), the provisions of this Act relating to agreements executed under Section 5 shall apply to the instrument executed under the said sub-section.

1. (1) The Collector, when so directed by the State Govt., shall propose to the owner of a protected monument or archaeological site and remains to enter into an agreement with the State Government, within a specified period for the maintenance of the monument or archaeological site and remains in his district.
2. (2) An agreement under this Section may, provide for all or any of the following matters namely:
   • (a) the maintenance of the monument or archaeological site and remains;
   • (b) the custody of the monument or archaeological site and remains and the duties of any person who may be employed to watch it;
   • (c) the restriction of the owner's rights-
     • (i) to use monument for any purpose,
     • (ii) to charge any fee for entry into, or inspection of the monument or archaeological site and remains,
     • (iii) to destroy, remove, alter or deface the monument or archaeological site remains,
     • (iv) to build on or near the site of the monument or archaeological site and remains,
   • (d) the facilities of access to be permitted to the public or any section thereof or to the State Archaeological Officer or to persons deputed by the owner or the State Archaeological Officer or the Collector to inspect or maintain the monument or archaeological site and remains;
   • (e) the notice to be given to the State Government in case the land on which the monument or archaeological site and remains is situated or any adjoining land 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;
   • (f) the payment of any expenses incurred by the owner or by the State Government in connection with the maintenance of the monument or archaeological site and remains;
   • (g) the proprietary or other rights which are to vest in the State Government in respect of the monument or archaeological site and remains when any expenses are incurred by the State Government in connection with the maintenance of the monument or archaeological site and remains;
   • (h) the appointment of an authority to decide any dispute arising out of the agreement; and
     • (i) any matter connected with the preservation of the monument or archaeological site and remains which is a proper subject of agreement between the owner and the State Government.
3. (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 month's notice in writing to the other Party. Provided that where 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 or archaeological site and remains, 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. (4) Any agreement under this Section shall be binding on any person claiming to be the owner of the monument or archaeological site and remains, to which it relates, from, through or under a party by whom or on whose behalf the agreement was executed.

1. (1) If the owner of a protected monument or archaeological site and remains 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. (2) In the case of village property, the head man or other village officers exercising powers of management over such property may exercise the powers conferred upon an owner by Section 5.
3. (3) Nothing in the 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 or archaeological site and remains which or any part of which is periodically used for religious worship or observations of that religion.

1. (1) If any owner other person competent to enter into an agreement under Section 5 for the maintenance of a protected monument or archaeological site and remains, refuses or fails to enter such an agreement, and if any endowment has been created for the purpose of keeping such monument or archaeological site and remains in repair the State Govt. may institute a suit in the court of the District Judge for the proper application of such endowment or part thereof.
2. (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 any part thereof, and any such order may be executed as if it were a decree of the civil court.

1. (1) If any owner or other person competent to enter into an agreement under Section 5 for the maintenance of a protected monument or archaeological site and remains 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. (2) of Section
3. (5) and such order shall be binding on the owner or such other person and on every person claiming title to the monument or archaeological site and remains from, through or under, the owner or such other person.
4. (2) Where an order made under sub-section
5. (1) provides that the monument or archaeological site and remains shall be maintained by the owner or other person competent to enter into agreement, all reasonable expenses for the maintenance of the monument or archaeological site and remains shall be payable by the State Government.
6. (3) No order under sub-section
7. (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. (1) If the State Archaeological Officer apprehends that the owner or occupier of a protected monument or archaeological site and remains intends to destroy, remove, alter, deface, imperil or use the monument or archaeological site and remains or to build on or near the site thereof in contravention of the terms of an agreement under Section 5, the State Archaeological Officer 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 that no such opportunity may be given in case where the State Archaeological officer, for reasons to be recorded, is satisfied that it is not expedient or practicable to do so.
2. (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 Govt. shall be final.

1. (1) If any owner or other person who is bound by an agreement for the maintenance of a monument or archaeological site and remains under Section 5, refuses or fails within such reasonable time as the State Archaeological Officer may fix, to do any act which in the opinion of the State Archaeological Officer is necessary for the maintenance of the monument or archaeological site and remains, the State Archaeological Officer 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. (2) If any dispute arises regarding the amount of expenses payable by the owner or other person under sub-section
3. (1) it shall be referred to the State Government whose decision shall be final.

Every person who purchases at a sale, for arrears of land revenue or any other public demand, any land on which is situated a monument or archaeological site and remains in 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 title to a monument or archaeological site and remains from, through or under an owner who executed such an instrument shall be bound by such an instrument.

If the State Government apprehends that a protected monument or archaeological site and remains in a danger of being destroyed, injured, misused, or allowed to fall into decay, it may acquire the protected monument or archaeological site and remains under the provisions of the Land Acquisition Act, 1894 (Act 1 of 1894) as the maintenance of the protected monument or archaeological site and remains were a public purpose within the meaning of that Act.

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