The Tamil Nadu Ancient and Historical Monument and Archaeological Sites and Remains Act, 1966Tamil Nadu1966
The Tamil Nadu Ancient and Historical Monument and Archaeological Sites and Remains Act, 1966
- Sections
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Contents
- 1Short title, extent and commencement. -(1) This Act may be called The 1 [Tamil Nadu] Ancient and Historical Monument and Archaeological Sites and Remains Act, 1966
- 2Definitions. -In this Act, unless the context otherwise requires,-(a) "ancient monument" means any structure, erection or monument or any tumulus or place of internment, 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) the remains of an ancient monument,
- 3Power of Government to declare ancient monuments, etc., to be protected monuments and areas. -(1) Where the Government are of opinion that any ancient monument or archaeological site and remains requires protection under this Act, they may, by notification, give two months' notice of their 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
- 4Acquisition of rights in a protected monument. -(1) The Director may, with the sanction of the Government, purchase, or take a lease of, or accept a gift or bequest of, any protected monument
- 5Preservation of protected monument by agreement. -(1) The Director, when so directed by the Government, shall propose to the owner of a protected monument to enter into an agreement with the Government within a specified period, for the maintenance of the monument
- 6Persons competent to exercise power of owner under section 5, in respect of a protected monument, when owner is under disability or when it is a village property. - (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
- 7Application of endowment to repair a protected monument. -(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 Government may institute a suit in the Madras City Civil Court if the protected monument is situated in the Presidency-town or in the Court of the District Judge if the protected monument is situated elsewhere, or, if the estimated cost of repairing the monument does not exceed one thousand rupees, may make an application to the Madras City Civil Court, or the Court of the District Judge, as the case may be, for the proper application of such endowment or part thereof
- 8Failure or refusal to enter into an agreement. -(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 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
- 9Powe r to make order prohibiting contravention of agreement under section 5. - (1) If the Director apprehends that the owner or occupier of a protected monument intends to destroy, remove, injure, alter, deface, imperil, or misuse the monument or to build on or near the site thereof in contravention of the norms of an agreement executed under section 5, the Director may, after giving the owner or occupier an opportunity of making a representation, make an order prohibiting any such contravention of the agreement: Provided that no such opportunity need be given in any case where the Director, for reasons to be recorded, is satisfied that it is not expedient or practicable to do so
- 10Enforcement of agreements. -(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 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
- 11Purchasers at certain sales and persons claiming through owner bound by instrument executed by owner. -Every person who purchases, at a sale for arrears of land venue or any other public demand, any land on which is situated a monument 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 any title to a monument from, through, or under, an owner who executed any such instrument, shall be bound by such instrument. [Tamil Nadu-section 11; Andhra Pradesh-section 12; Assam -section 11. Gujarat-section 12; Jammu and Kashmir -section 8; Karnataka-section 12; Madhya Pradesh-section 11; Maharashtra-section 12; Orissa-section 8; Punjab-section 12; Rajasthan-section 11; West Bengal -section 8.]
- 12Acquisition of protected monument. -If the Government are of opinion that a protected monument is in danger of being destroyed, injured, misused, or allowed to fall into decay, they may acquire the protected monument under the provisions of the Land Acquisition Act, 1894 (Central Act I of 1894), as if the maintenance of the protected monument were a public purpose within the meaning of that Act. [Tamil Nadu-section 12; Andhra Pradesh-section 13; Assam -section 12. Gujarat-section 13; Jammu and Kashmir-section 10; Karnataka-section 13; Madhya Pradesh-section12; Maharashtra-section 13; Orissa-section 10; Punjab-section 13; Rajasthan-section 12; West Bengal -section 10.] State Amendments Jammu and Kashmir(10A) Power of Government to control mining etc., near ancient monument. -(1) If the Government is of opinion that mining, quarrying, excavating, blasting and other operations of a like nature should be restricted or regulated for the purpose of protecting or preserving any ancient monument, the Government may, by notification in the Government Gazette, make rules-(a) fixing the boundaries of the area to which the rules are to apply,
- 13Maintenance of certain protected monuments. -(1) The 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 have been acquired
- 14Voluntary contributions. -The Director may receive voluntary contributions towards the cost of maintaining a protected monument and may issue orders for the management and application of the contribution so received by him: Provided that no contribution received under this section shall be applied to any purpose other than the purpose for which it was contributed. [Tamil Nadu-section 14; Andhra Pradesh-section 15; Assam -section 14. Gujarat-section 15; Jammu and Kashmir -section 12; Karnataka-section 15; Madhya Pradesh-section 14; Maharashtra-section 15; Orissa-section 12; Punjab-section 15; Rajasthan-section 14; West Bengal -section 13.]
- 15Protection of place of worship from misuse. -A protected monument maintained by the Government under this Act, which is a place of worship or shrine shall not be used for any purpose inconsistent with its character. [Tamil Nadu-section 15; Andhra Pradesh-section 16; Assam-section 15; Gujarat-section 16; Jammu and Kashmir-section 13; Karnataka-section 16; Madhya Pradesh-section 15; Maharashtra-section 16; Orissa-section 13; Punjab-section 16; Rajasthan-section 15.] State Amendments Gujarat(17) Preservation of amenities of protected monuments. -(1) If the State Government is of opinion that, for the purpose of preserving the reasonable amenities of any protected monument, it is necessary so to do, the State Government may, subject to the provisions of this action, by notification in the Official Gazette, in respect of any area comprising or adjacent to the site of such monument specified in such notification (hereinafter referred to as "the controlled area"),-(a) prohibit or restrict the construction, erection or execution of building, structures and other works above ground within the controlled area, or the alteration or extension of any such buildings, structures or works in such manner as materially to affect their external appearance;
- 16Relinquishment of Government right in a monument. -With the sanction of the Government, the 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, 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
- 17Right of access to protected monuments. -Subject to any rules made under this Act, the public shall have a right of access to any protected monument. [Tamil Nadu-section 17; Andhra Pradesh-section 18; Assam-section 17: Gujarat-section 19; Jammu and Kashmir-section 15; Karnataka-section 18; Madhya Pradesh-section 18; Maharashtra-section 19; Orissa-section 15; Punjab-section 18; Rajasthan-section 20; West Bengal-section 15.]
- 18Restrictions on enjoyment of property rights in protected areas. -(1) No person, including the owner or occupier of a protected area, shall construct any building within the protected area or carry on any mining, quarrying, excavating, blasting, or any operation of a like nature in such area, or utilise such area or any part thereof in any other manner without the permission of the Government: Provided that nothing in this sub-section shall be deemed to prohibit the use of any such area or part thereof for purposes of cultivation if such cultivation does not involve the digging of not more than 0.5 metre of soil from the surface
- 19Power to acquire a protected area. -If the Government are of opinion that any protected area contains an ancient monument or antiquities of regional interest and value, they may acquire such area under the provisions of the Land Acquisition Act, 1894 (Central Act I of 1894), as if the acquisition were for a public purpose within the meaning of that Act. [Tamil Nadu-section 19; Andhra Pradesh-section 20; Gujarat-section 22; Jammu and Kashmir-section 20(c); Karnataka-section 21; Madhya Pradesh-section 20; Maharashtra-section 22; Orissa-section 22; Punjab-section 20; Rajasthan-section 21; West Bengal-section 19.]
- 20Excavations in protected areas. -Subject to the provisions of section 24 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (Central Act 24 of 1958), an archaeological officer or an officer authorised by him in this behalf or any person holding a licence granted in this behalf under this Act (hereafter in this Act referred to as the licensee) may, after, giving notice in writing to the Director and the owner, enter upon and make excavations in any protected areas. [Tamil Nadu-section 20; Andhra Pradesh-section 21; Jammu and Kashmir-section 20A; Karnataka-section 19; Madhya Pradesh-section 21; Maharashtra-section 23; Orissa-section 20; Punjab -section 21; Rajasthan-section 23.]