The Jharkhand Ancient Monument and Archaeological Sites, Remains and Art Treasure Act,2016
jharkhand · 2016
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1The section mandates that no ancient monument or artifact can be moved without written permission from the state government.
- S. 2Section defines "Ancient Monument," "Antiquity," and "Art treasure" for the Jharkhand Ancient Monument and Archaeological Sites Act.
- S. 3Power of State Government to declare ancient monuments etc
- S. 4The section allows the Director to acquire rights in protected monuments through purchase, lease, gift, or guardianship with state sanction.
- S. 5Section 5 mandates the Director to propose agreements with owners for protected monument maintenance and outlines terms for custody, restrictions, and public access.
- S. 6Section 6 allows the State Government to prohibit the excavation of ancient monuments or archaeological sites deemed unfit or sacred.
- S. 7Section 7 allows the State Government to seek court orders for using endowments to repair protected monuments when owners refuse maintenance agreements.
- S. 8Section 8 mandates the State Government to enforce maintenance agreements for protected monuments if owners refuse.
- S. 9Section 9 authorizes the Director to prohibit actions that contravene agreements protecting monuments, with limited exceptions.
- S. 10Section 10 authorizes the Director to enforce maintenance agreements and resolves disputes on expense liability.
- S. 11Section 11 binds purchasers and claimants to monuments' protection agreements made by the previous owner.
- S. 12Section 12 allows the State Government to acquire protected monuments under the Land Acquisition Act if they are at risk of damage.
- S. 13The section mandates the State Government to maintain acquired monuments and grants the Director access for inspections and necessary maintenance.
- S. 14Section 14 allows the Director to accept voluntary contributions for maintaining protected monuments and manage them accordingly.
- S. 15Section 15 prohibits misuse or desecration of protected monuments used as places of worship.
- S. 16Section 16 allows the Director to relinquish acquired rights or guardianship of a monument with State Government approval.
- S. 17Section 17 grants public access to protected monuments under the Jharkhand Ancient Monument Act, 2016.
- S. 18Section 18 prohibits construction, mining, and other activities in protected areas without state permission, except for limited cultivation.
- S. 19Section 19 allows the Jharkhand government to requisition ancient monuments or sites for public purposes under the Land Acquisition Act, 1894.
- S. 20Section 20 allows authorized officers or licensees to excavate protected areas after notifying the Director and owner, provided it aligns with 1958 Act's provisions.
- S. 21Section allows archaeological officers to excavate non-protected areas for historical relics after notice to Director and owner.
- S. 22Compulsory acquisition of antiquities, etc
- S. 23Section 23 mandates State Government approval for archaeological excavations in non-protected areas.
- S. 24The section empowers the State Government to restrict the movement of antiquities without its permission and mandates registration of such items.
- S. 25Section allows State Government to compulsorily acquire antiquities deemed historically or archaeologically important.
- S. 26The section mandates the State Government to compensate landowners for losses due to archaeological activities on their land.
- S. 27Section 27 outlines the process for assessing the value of compensation for properties or antiquities acquired under the Act, using provisions from the Land Acquisition Act, 1894.
- S. 28Section 28 allows the State Government to delegate its powers under the Act to specified officers or authorities.
- S. 29Section 29 allows or prohibits the trade of archaeological artifacts and treasures under licenses issued by the state government.
- S. 30Bar to sell, etc
- S. 31An archaeological officer can investigate and photograph any antiquity held by individuals, institutions, or museums.
- S. 32Section 32 requires owners or controllers of antiquities to declare possession to the Director within specified timeframes.
- S. 33Owners or controllers of antiquities must report any loss or destruction to the prescribed authority within seven days.
- S. 34Section 34 authorizes government officers to enter, search, and seize antiquities to enforce compliance with the Act.
- S. 35Powers to determine whether or not an article, etc
- S. 36Section 36 penalizes damaging, removing, or trafficking in archaeological sites and artifacts, with imprisonment and fines up to ₹50,000.
- S. 37Section 37 specifies that only the Sessions Court can try offenses under the Jharkhand Ancient Monument and Archaeological Sites, Remains and Art Treasure Act, 2016.
- S. 38Section 38 makes certain offenses related to ancient monuments and archaeological sites cognizable, bypassing standard procedure.
- S. 39Section 39 allows first-class magistrates to impose fines over ₹2,000 for violations of the Jharkhand Ancient Monument Act.
- S. 40Section 40 allows recovery of dues from individuals in the same manner as land revenue arrears.
- S. 41Ancient monuments etc
- S. 42The section allows the State Government to correct any clerical or patent errors in the description of protected monuments or sites.
- S. 43Section protects public servants from suits or criminal proceedings for actions taken in good faith under the Act.
- S. 44Section 44 empowers the State Government to create rules to implement the Act, including regulations for archaeological excavations and monument protection.
- S. 45Section 45 exempts certain ancient monuments and archaeological sites already protected under national laws from the Jharkhand Act.