REGISTERED No. D. 221

The Gazette of IndiaEXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 25] NEW DELHI, FRIDAY, AUGUST 19, 1958/BHADRA 7, 1880

MINISTRY OF LAW

(Legislative Department)

New Delhi, the 29th August, 1958/Bhadra 7, 1880 (Saka)

The following Act of Parliament received the assent of the Pre-sident on the 28th August, 1958, and is hereby published for generalinformation: —

THE ANCIENT MONUMENTS AND ARCHAEOLOGICALSITES AND REMAINS ACT, 1958

No 24 OF 1958

[28th August, 1958]

An Act to provide for the preservation of ancient and historicalmonuments and archaeological sites and remains of nationalimportance, for the regulation of archaeological excavationsand for the protection of sculptures, carvings and otherlike objects.

BE it enacted by Parliament in the Ninth Year of the Republicof India as follows: —

PRELIMINARY

1. (1) This Act may be called the Ancient Monuments andArchaeological Sites and Remains Act, 1958.

(2) It extends to the whole of India, but sections 22, 24, 25 and26 shall not apply to the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Central Govern-ment may, by notification in the Official Gazette, appoint.

2. In this Act, unless the context otherwise requires,—

Shorttitle, ex-tent andcom-mence-ment.

Defini-tions.

( 155 )

I56 THE GAZETTE OF INDIA EXTRAORDINARY [PART II

(a) "ancient monument" means any structure, erection ormonument, 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 inexistence for not less than one hundred years, and includes—

(i) the remains of an ancient monument,

(ii) the site of an ancient monument,

(Hi) such portion of land adjoining the site of anancient monument as may be required for fencing or cover-ing in or otherwise preserving sucK monument, and

(iv) the means of access to, and convenient inspectionof, an ancient monument;

(b) "antiquity" includes—

(i) any coin, sculpture, manuscript, epigraph, or otherwork of art or craftsmanship,

(ii) any article, object or thing detached from a build-ing or cave,

(iii) any article, object or thing illustrative of science,art, crafts, literature, religion, customs, morals or politics inbygone ages,

(iv) Any article, object or thing of historical interest, and

(v) any article, object or thing declared by the CentralGovernment, by notification in the Official Gazette, to be anantiquity for the purposes of this Act,

which has been in existence for not less than one hundred years;

(c) "archaeological officer" means an officer of theDepartment of Archaeology of the Government of India notlower in rank than Assistant Superintendent of Archaeology;

(d) "archaeological site and remains" means any area whichcontains or is reasonably believed to contain ruins or relics ofhistorical or archaeological importance which have been in exis-tence for not less than one hundred years, and Includes—

(i) such portion of land adjoining the area as may berequired for fencing or covering in or otherwise preservingit, and

(ii) the means of access to, and convenient inspectionof, the area;

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINABY 157

(e) "Director-General" means the Director-General ofArchaeology, and includes any officer authorised by the CentralGovernment to perform the duties of the Director-General;

(f) "maintain", with its grammatical variations and cognateexpressions, includes the fencing, covering in, repairing, restor-ing and cleansing of a protected monument, and the doing ofany act which may be necessary for the purpose of preservinga protected monument or of securing convenient access thereto;

(g) "owner" includes—

(i) a joint owner invested with powers of managementon behalf of himself and other joint owners and thesuccessor-in-title of any such owner; and

(ii) any manager or trustee exercising powers ofmanagement and the suecessor-in-omce of any suchmanager or trustee;

(h) "prescribed" means prescribed by rules made underthis Act;

(i) "protected area" means any archaeological site andremains which is declared to be of national importance by orunder this Act;

(j) "protected monument" means an ancient monumentwhich is declared to be of national importance by or under this

t Act.

ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINSOP NATIONAL IMPORTANCE

71 of 1951.87 of 1956.

3. All ancient and historical monuments and all archaeologicalsites and remains which have been declared by the Ancient andHistorical Monuments and Archaeological Sites and Remains (Dec-laration of National Importance) Act, 1951, or by section 126 of theStates Reorganisation Act, 1956, to be of national importance shallbe deemed to be ancient and historical monuments or archaeologicalsites and remains declared to be of national importance for the pur-poses of this Act.

Certainancientmonu-ments,etc.,deemedto be ofnationalimport-ance.

4. (1) Where the Central Government is of opinion that anyancient monument or archaeological site and remains not includedin section 3 is of national importance, it may, by notification inthe Official Gazette, give two months' notice of its intention todeclare such ancient monument or archaeological site and remainsto be of national importance; and a copy of every such notification

Powerof Cen-tral Gov-ernmentto de-clareancientmonu-ments,

158 THE GAZETTE OF INDIA EXTRAORDINARY [PART It

etc., to beof na-tionalImport-ance.

shall be affixed in a conspicuous place near the monument or siteand remains, as the case may be.

(2) Any person interested in any such ancient monument orarchaeological site and remains may, within two months after theissue of the notification, object to the declaration of the monument,or the archaeological site and remains, to be of national importance.

(3) On the expiry of the said period of two months, the CentralGovernment may, after considering the objections, if any, receivedby it, declare by notification in the Official Gazette, the ancient monu-ment or the archaeological site and remains, as the case may be, tobe of national importance.

(4) A notification published under sub-section (.?) shall, unlessand until it is withdrawn, be conclusive evidence of the fact thatthe ancient monument or the archaeological site and remains towhich it relates is of national importance for the purposes of thisAct.

Acquisi-tion ofrights ina protect-ed monu-ment.

PROTECTED MONUMENTS

5. (1) The Director-General may, with the sanction of the CentralGovernment, purchase, or take a lease of, or accept a gift or bequestof, any protected monument.

(2) Where a protected monument is without an owner, the Direc-tor-General may, by notification in the Official Gazette assume theguardianship of the monument.

(3) The owner of any protected monument may, by writteninstrument, constitute the Director-General the guardian of themonument, and the Director-General may, with the sanction of theCentral Government, accept such guardianship.

(4) When the Director-General has accepted the guardianshipof a monument under sub-section (3), the owner shall, except asexpressly provided in this Act, have the same estate, right, titleand interest in and to the monument as if the Director-General hadnot been constituted a guardian thereof.

(5) When the Director-General has accepted the guardianshipof a monument under sub-section ( ' ) , the provisions of this Actrelating to agreements executed under section 6 shall apply to thewritten to agreements executed under the said sub-section.

(6) Nothing in this section shall affect the use of any protectedmonument for customary religious observances.

SEC. l) THE GAZETTE OF INDIA EXTRAORDINARY 159

6. (1) The Collector, when so directed by the Central Government,shall propose to the owner of a protected monument to enter into anagreement with the Central Government within a specified periodfor the maintenance of the monument.

Preser-vationof protect-edmonu-mentbyagree-ment.

(2) An agreement under this section may provide for all or any oftjhe following matters, namely: —

(a) the maintenance of the monument;

(b) the custody of the monument and the duties of anyperson 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,(tit) 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 orany section thereof or to archaeological officers or to personsdeputed by the owner or any archaeological officer or the Col-lector to inspect or maintain the monument;

(e) the notice to be given to the Central Government in casethe land on which the monument is situated or any adjoiningland is offered for sale by the owner, and the right to be reserv-ed to the Central Government to purchase such land, or anyspecified portion of such land, at its marjket value;

(f) the payment of any expenses incurred by the owner orby the Central Government in connection with the maintenanceof the monument;

(g) the proprietary or other rights which are to vest in theCentral Government in respect of the monument when any ex-penses are incurred by the Central Government in connectionwith the maintenance of the monument;

(h) the appointment of an authority to decide any disputearising out of the agreement; and

(i) any matter connected with the maintenance of the monu-ment which is a proper subject of agreement between the ownkrand the Central Government.

t6l THE GAZETTE OF INDIA EXTRAORDINARY [PART II

(3) The Central Government or the owner may, at any timeafter the expiration of three years from the date of execution of anagreement under this section, terminate it on giving six months'notice in writing to the other party:

Provided that where the agreement is terminated by the owner,he shall pay to the Central Government the expenses, if any, incur-red by it on the maintenance of the monument daring the five yearsimmediately preceding the termination of the agreement or, if theagreement has been in force for a shorter period, during the periodthe agreement was in force.

(4) An agreement under this section shall be binding on any per-son claiming to be the owner of the monument to which it relates,from, through or under a party by whom or on whose behalf theagreement was executed.

Ownersunderdisabilityor notin pos-session.

7. (I) If the owner of a protected monument is unable, by reasonof infancy or other disability, to act for himself, the person legallycompetent to act on his behalf may exercise the powers conferredupon an owner by section 6.

(2) In the case of village property, the headman or other village-officer exercising powers of management over such property mayexercise the powers conferred upon an owner by section 6.

(3) Nothing in this section shall be deemed to empower any per-son not being of the same religion as the person on whose behalf heis acting to make or execute an agreement relating to a protectedmonument which or any part of which is periodically used for the re-ligious worship or observances of that religion.

Applica-tion ofendow-ment torepaira pro-tectedmonu-ment,

8. (I) If any owner or other person competent to enter into anagreement under section 6 for the maintenance of a protected monu-ment refuses or fails to enter into such an agreement, and if anyendowment has been created for the purpose of keeping such monu-ment in repair or for that purpose among others, the Central Gov-ernment may institute a suit in the court of the district judge, or,if the estimated cost of repairing the monument does not exceed onethousand rupees, may make an application to the district judge, forthe proper application of such endowment or part thereof.

(2) On the hearing of an application under sub-section (1), thedistrict judge may summon and examine the owner and any personwhose evidence appears to him necessary and may pass an order forthe proper application of the endowment or of any part thereof, andany such order may be executed as if it were a decree of a civilcourt.

Sue. 1] TtlE GA2ETTE! OF INDIA EXTRAORDINARY 161

9. (I) If any owner or other person competent to enter into anagreement under section 6 for the maintenance of a protected monu-ment refuses or fails to enter into such an agreement, the CentralGovernment may make an order providing for all or any of thematters specified in sub-section (2) of section 6 and such order shallbe binding on the owner or such other person and on every personclaiming title to the monument from, through or under, the owneror such other person.

Failureor re-fusal toenterinto anagree-ment.

(2) Where an order made under sub-section (1) provides thatthte monument shall be maintained by the owner or other personcompetent to enter into an agreement, all reasonable expenses forthe maintenance of the monument shall be payable by the CentralGovernment.

(3) No order under sub-section (1) shall be made unless theowner or other person has been given an opportunity of making arepresentation in writing against the proposed order.

10. (1) If the Director-General apprehends that the owner oroccupier of a protected monument intends to destroy, remove,alter, deface, imperil or misuse the monument or to build on ornear the site thereof in contravention of the terms of an agree-ment under section 6, the Director-General may, after giving theowner or occupier an opportunity of making a representation inwriting, make an order prohibiting any such contravention of theagreement:

Powerto makeorderprohibit-ing con-traven-tion ofagree-mentundersectionR

: Provided that no such opportunity may be given in any casewhere the Director-General, for reasons to be recorded, is satisfiedthat it is not expedient or practicable to do so.

(2) Any person aggrieved by an order under this section mayappeal to the Central Government within such time and in suchmanner as may be prescribed and the decision of the Central Govern-ment shall be final.

il l . (1) If an owner or other person who is bound by an agree-ment for the maintenance of a monument under section 6 refuses orfalls within such reasonable time as the Director-General may fix,to do any act which in the opinion of the Director-General is neces-sary for the maintenance of the monument, the Director-Generalmay authorise any person to do any such act, and the Owner orother person shall be liable to pay the expenses of doing any suchact or such portion of the expenses as the owner may be liable topay under the agreement.

Enforce-ment ofagree-ments.

162 THE GAZETTE OF ittftlA EXTRAORDINARY LPART II

(2) If any dispute arises regarding the amount of expenses pay-able by the owner or other person under sub-section (1), it shall bereferred to the Central Government whose decision shall be final.

Purcha-sers at cer-tain sales

andpersonsclaimingthroughownerboundby ins-trumentexecutedby owner.

12, Every person who purchases, at a sale for arrears of landrevenue or any other public demand, any land on which is situateda monument in respect of which any instrument has been executedby the owner for the time being under section 5 or section 6, andevery person claiming any title to a monument from, through orunder, an owner who executed any such instrument, shall be boundby such instrument.

Acquisi-tion ofprotectedmonu-ments.

13. If the Central Government apprehends that a protectedmonument is in danger of being destroyed, injured, misused, orallowed- to fall into decay, it may acquire the protected monu-ment under the provisions of the Land Acquisition Act, 1894, as ifthe maintenance of the protected monument were a public purposewithin the meaning of that Act.

[ of 1894.

Mjintea-ance pf ,certainprotec-tedmonu-ments.

14. (1) The Central Government shall maintain every monumentwhich has been acquired under section 13 or in respect of which anyof the rights mentioned in section 5 have been acquired.

(2) When the Director-General has assumed the guardianship ofa monument under section 5, he shall, for the purpose of maintain-ing such monument, have access to the monument at all reasonabletimes, by himself and by his agents, subordinates and workmen, forthe purpose of inspecting the monument and for the purpose ofbringing such materials and doing such acts as he may considernecessary or desirable for the maintenance thereof.

Volun-tarycontri-butions.

15. The Director-General may receive voluntary contributionstowards the cost of maintaining a protected monument and maygive orders as to the management and application of any funds soreceived by him:

Provided that no contribution received under this section shallbe applied to any purpose other than the purpose for which it wascontributed.

ttfiC. 1) tME GAZETTE OF INDIA EXTRAORDINARY 163

16. (it) A protected monument maintained by the Central Gov-ernment under this Act which is a place of worship or shrine shallnot be used for any purpose inconsistent with its character.

Protec"tionof place-of wor-shipfrommisuse,pollu-tion ordesectic

(2) Where the Central Government has acquired a protectedmonument under section 13, or where the Director-General haspurchased, or taken a lease or accepted a gift or bequest or assumedguardianship of, a protected monument under section 5, and suchmonument or any part thereof is used for religious Worship orobservances by any community, the Collector shall made due provisionfor the protection of such monument or part thereof, from pollutionor desecration—

(a) by prohibiting the entry therein, except in accordancewith the conditions prescribed with the concurrence of thepersons, if any, in religious charge of the said monument orpart, thereof, of any person not entitled so to enter by the reli-gious usages of the community by which the monument or partthereof is used, or

(b) by taking such other action as he may think necessaryin this behalf.

17. Witth the sanction of the Central Government, the Director-General may,—

(p) where rights have been acquired by the Director-Gene-ral in! respect of any monument under this Act by virtue of anysale, Jease, gift or will, relinquish, by notification in the OfficialGazette, the rights so acquired to the person who would for thetime being be the owner of the monument if such rights had notbeen aoquired; or

Relin-quish-ment ofGov-ernmentrightsin amonu-ment.

(b) relinquish any guardianship of a monument which hehas assumed under this Act.

18. Subject to any rules made under this Act, the public shallhave a right of access to any protected monument.

Rightof ac-cess toprotec-tedmonu-ments.

PROTECTED AREAS

19. (1) No person, including the owner or occupier of a protectedarea, shall construct any building within the protected area or

Restric-tions onenjoy-

i<54 THE GAZETTE OF INDIA EXTRAORDINARY [I*AHT ll

inent ofpropertyrightsin pro-tectedareas.

carry on any mining, quarrying, axcavating, blasting or any opera-tion of a like nature in such area, or utilise such area or any partthereof in any other manner without the permission of the CentralGovernment:

Provided that nothing in this sub-section shall be deemed toprohibit the use of any such area or part thereof for purposes ofcultivation if such cultivation, does not involve the digging of notmore than one foot of soil from the surface.

(2) The Central Government may, by order, direct that anybuilding constructed by any person within a protected area in con-travention of the provisions of sub-section (1) shall be removedwithin a specified period and, if the person refuses or fails to complywith the order, the Collector may cause the building to be removedand the person shall be liable to pay the cost of such removal.

Powerto ac-quire aprotec-tedarea.

20. If the Central Government is of opinion that any protectedarea contains an ancient monument or antiquities of national interestand value, it may acquire such area under the provisions of theLand Acquisition Act, 1894, as if the acquisition were for a publicpurpose within the meaning of that Act.

i of 1894-

Excava-tions

in pro-tectedareas.

A B C H / E O L O G I C A L EXCAVATIONS

21. An archaeological officer or an officer authorised by him inthis behalf or any person holding a licence granted in this behalfunder this Act (hereinafter referred to as the licensee) may, after-giving notice in writing to the Collector and the owner, enter uponand make excavations in any protected area.

Excava-tions inareasotherthanprotectedareas.

22. Where an archeeological officer has reason to believe thatany area not being a protected area contains ruins or relics ofhistorical or archaeological importance, he or an officer authorisedby him in this behalf may, after giving notice in writing to the Col-lector and the owner, enter upon and make excavations in the area.

Compul-sory pur-chase ofantiqui-ties etc.,discover-ed duringexcava-tion opera-tions.

23. (1) Where, as a result of any excavations made in any areaunder section 21 or section 22, any antiquities are discovered, thearchaeological officer or the licensee, as the case may be, shall,—

(a) as soon as practicable, examine such antiquitiesand submit a report to the Central Government in such mannerand containing such particulars as may be prescribed;

(b) at the conclusion of the excavation operations, givanotice in writing to the owner of the land from which such anti-quities have been discovered, of the nature of such antiquities.

8WC 11 THE GAZETTE OF INDIA EXTRAORDINARY 165

(2) Until an order for the compulsory purchase of any suchantiquities is made under sub-section (3), the archseological officeror the licensee, as the case may be, shall keep them in such safecustody as he may deem fit.

(3) On receipt of a report under sub-section (1), the CentralGovernment may make an order for the compulsory purchase of anysuch antiquities at their market value.

(4) When an order for the compulsory purchase of any anti-quities is made under sub-section (3), such antiquities shall vest inthe Central Government with effect from the date of the order.

24. No State Government shall undertake or authorise any personto undertake any excavation or other like operation for archaeologicalpurposes in any area which is not a protected area except with theprevious approval of the Central Government and in accordance withsuch rules or directions, if any, as the Central Government maymake or give in this behalf.

Excava-tions,e:tc, forarchaeo-logicalpurposes.

PROTECTION OF ANTIQUITIES

25. (I) If the Central Government considers that any antiqui-ties or class of antiquities ought not to be moved from the placewhere they are without the sanction of the Central Government,the Central Government may, by notification in the Official Gazette,direct that any such antiquity or any class of such antiquities shallnot be moved except with the written permission of the Director-General.

Power ofCentralGov-ernmentto con-trolmovingof anti-quities.

(2) Every application for permission under sub-section (1) shallb» in such form and contain such particulars as may be prescribed.

(3) Any person aggrieved by an order refusing permission mayappeal to the Central Government whose decision shall be final.

26. (1) If the Central Government apprehends that any antiquitymentioned in a notification issued under sub-section (1) of section25 is in danger of being destroyed, removed, injured, misused orallowed to fall into decay or is of opinion that, by reason- of itshistorical or archseological importance, it is desirable to preserves»ch antiquity in a public place, the Central Government may makean order for the compulsory purchase of such antiquity at its marketvalue and the Collector shall thereupon give notice to the owner ofthe antiquity to be purchased.

Pur-chase ofanti-quitiesby Cen-tral Gov-ernment.

(2) Where a notice of compulsory purchase is issued under sub-section (2) in respect of any antiquity, such antiquity shall vest inthe Central Government with effect from the date of the notice.

16 6 THE GAZETTE OF INDIA EXTRAOBDINARY [PAST II

(3) The power of compulsory purchase given by this sectionshall not extend to any image or symbol actually used for bona fidereligious observances.

Compen-sationfor lossor da-mage.

PRINCIPLES OF COMPENSATION

27. Any owner or occupier of land who has sustained any loss ordamage or any diminution of profits from the land by reason of anyentry on, or excavations in, such land or the exercise of any otherpower conferred by this Act shall be paid compensation by theCentral Government for such loss, damage or diminution of profits.

Assess-ment ofmarketvalue orcompen-sation.

28. (1) The market value of any property which the Central Gov-ernment is empowered to purchase at such value under this Act orthe compensation to be paid by the Central Government in respect ofanything done under this Act shall, where any dispute arises inrespect of such market value or compensation, be ascertained inthe manner provided in sections 3, 5, 8 to 34, 45 to 47, 51 and 52of the Land Acquisition Act, 1894, so far as they can be made appli-cable: "

1 of 1894.

Provided that, when makmg an enquiry under this said LendAcquisition Act, the Collector shall be assisted by two assessors,one of whom shall be a competent person nominated by the CentralGovernment and one a person nominated by the owner, or, in case theowner fails to nominate en assessor within such reasonable timeas may be fixed by the Collector in this behalf, by the Collector.

(2) Notwithstanding anything contained in sub-section (1) or inthe Land Acquisition Act, 1894, in determining the market valueof any antiquity in respect of which an order for compulsorypurchase is made under sub-section (3) of section 23 or undersub-section (1) of section 26, any increase in the value of the anti-quity by reason of its being of historical or archaeological import-ance shall not be taken into consideration.

i of 1894.

Delega-tion ofpowers.

MISCELLANEOUS

29. The Central Government may, by notification in the OfficialGazette, direct that any powers conferred on it by or under thisAct shall, subject to such, conditions as may be specified in thedirection, be exercisable also b y -

fa) such officer or authority subordinate to the CentralGovernment, or

(b) such State Government or such officer or authoritysubordinate to the State Government,

as may be specified in the direction.

Sue. 1] THE GAZETTE OF INDIA EXTRAORDINARY 167

30. (1) Whoever- Penalties.

(i) destroys, removes, injures, alters, defaces, imperils ormisuses a protected monument, or

(ii) being the owner or occupier of a protected monument,contravenes an order made under sub-section (I) of section 9or under sub-section (/) of section 10, or

(Hi) 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) ofsection 19,

shall be punishable with imprisonment which may extend to threemonths, or with fine which may extend to five thousand rupees, orwith both.

(2) Any person who moves any antiquity in contravention of enotification issued under sub-section (1) of section 25 shall bepunishable with fine which may extend to five thousand rupees; andthe court convicting a person of any such contravention may byorder direct such person to restore the antiquity to the place fromwhich It was moved.

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

Jurisdic-tion totryoffences.

5 of 1898

32- Notwithstanding anything contained in the Code of CriminalProcedure, 1898, an offence under clause (i) or clause (Hi) of sub-section (1) of section 30, shall be deemed to be a cognizable offencewithin the meaning of that Code.

Certainoffencesto becogniz-able.

5 of 1898.

33. Notwithstanding anything contained in section 32 of the Codeof Criminal Procedure, 1898, it shall be lawful for any magistrateof the first class specially empowered by the State Government inthis behalf and for any presidency magistrate to pass a sentence offine exceeding two thousand rupees on any person convicted of anoffence which under this Act Is punishable with fine exceeding twothousand rupees.

Specialprovi-sion re-gardingfine.

34. Any amount due to the Government from any person underthis Act may, on a certificate issued by the Director-General or anarchaeological officer authorised by him in this behalf be recoveredin the same manner as an arrear of land revenue.

Recoveryofamountsdue tothe Gov-ernment.

168 THE GAZETTE OF INDIA EXTRAORDINARY [PART U.

Ancientmonu-ments, etc.whichhaveceasedto be ofnationalimport-ance.

35. If the Central Government is of opinion that any ancient andhistorical monument or archaeological site and remains declared tobe of national importance by or under this Act has ceased to be ofnational importance, it may, by notification in the Official Gazette,declare that the ancient and historical monument or archaeologicalsite and remains, as the case may be, has ceased to be of nationalimportance for the purposes of this Act.

Powerto correctmis-takes,etc

36. Any clerical mistake, patent error or error arising from acci-dental slip or omission in the description of any ancient monumentor archaeological site and remains declared to be of national import-ance by or under this Act may, at any time, be corrected by theCentral Government by notification in the Official Gazette.

Protec-tion ofactiontakenunderthe Act.

37. No suit for compensation and no criminal proceeding ' shalllie against any public servant in respect of any act done or in goodfaith intended to be done in the exercise of any power conferredby this Act.

Powerto makerules.

38. (1) The Central Government may, by notification In the Offi-cial 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 theforegoing power, such rules may provide for all or any of the fol-lowing matters, namely:— :

(a) the prohibition or regulation by licensing or otherwiseor miniiig, quarrying, excavating, blasting or any operation ota like nature near a protected monument or the constructionof buildings on land adjoining such monument and the removalof unauthorised buildings;

(b) the grant of licences and permissions to make excava-tions for archaeological purposes in protected areas, the autho-rities by whom, and the restrictions and conditions subject towhich, such licences may be granted, the taking of securitiesfrom licensees and the fees that may be charged for suchlicences;

(c) the right of access of the public to a protected monu-ment and the fee, if any, to be charged therefor;

(d) the form and contents of the report of an archaeologicalofficer or a licensee under clause (a) of sub-section (/) of sec-tion 23; ;

(e) the form in which applications for permission undersection 19 or section 25 may be made and the particulars whichthey should contain; '

fesc. 1] THE GAZETTE OF INDIA EXTRAORDINARY tfo

(f) the form and manner of preferring appeals under thisAct and the time within which they may be preferred;

(g) the manner of service of any order or notice under thisAct;

(h) the manner in which excavations and other like opera-tions 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 breachthereof 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 tothree months, or with fine which may extend to five thousandrupees, 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 fivethousand rupees;

(iiii) in the case of a rule made with reference to clause(c) of sub-section (2), with fine which may extend to fivehundred rupees.

(4) All rules made under this section shall be laid for not lessthan thirty d<ays before each House of Parliament as soon as possi-ble after they are made, and shall be subject to such modificationsas Parliament may make during the session in which they are solaid or the session immediately following.

, 71 of 1951.

37 of 1956.

39. (1) The Ancient and Historical Monuments and Archaeologi-cal Sites and Remains (Declaration of National Importance) Act,1951, and section 126 of the States Reorganisation Act, 1956, arehereby repealed.

Repealsandsaving.

7 of 1904. (2) The Ancient Monuments Preservation Act, 1904, shall ceaseto have effect in relation to ancient and historical monuments andarchaeological sites and remains declared by or under this Act to beof national importance, except as respects things done or omittedto be done before the commencement of this Act.

G. R. RAJAGOPAUL,Secy, to the Government of India.

PRINTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS,NHW DELHI AND PUBLISHED EV THE MANAGER OF PUBLICATIONS, DELHI, 19B8,