Amendment status not verified — confirm the current text below against the official source.
189 Relinquishment of Government rights m a monument Right of access to protected monuments Protected areas Restrictions of enjoyment of property rights in pro- tected areas Power to acqu1re a protected area Archaeological excavations Excavations in protected areas Excavation in areas other than protected areas. Compulsory purchase of antiquities, etc., discovered during excavation operations Excavation, etc., for archaeological purposes. Protection of antiquities Power of Government to control movmg of anti- quities Purchase of antiquities by Government. Principles of compensation Compensation for loss or damage Assessment of market value or compensation. Miscellaneous Delegation of powers Penalties Jurisdiction to try offences Certain offences to be cognizable SpeCial prOViSion regarding fine. Recovery of amounts due to the Government Anc1ent monuments, etc, no longer requiring pro— tection Power to correct mistakes, etc Protection of action taken under the Act Power to make rules Repeal. 190 THE KERALA ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS ACT, 1968 * (Act 26 of 1969) An Act to provide for the preservation of ancient monu- ments and archaeological sites and remains other than those of national importance, for the regulation of archaeological excavations and for the protection of sculptures, carvings and other like objects Preamble—WHEREAS it is expedient to prov1de for the ureservation of anc1ent monuments and archaeological Sites and remains other than those of national importance, for the regulation of archaeological excavations and for the protection of sculptures, carvmgs and other like objects, BE it enacted in the Nineteenth Year of the Republic of indie as follows—— 1 Short title, extent and commencement.—(l) This Act may be called the Kerala Ancxent Monuments and Archaeo- logical Sites and Remains Act, 1968 (2) It extends to the whole of the State of Kerala (3) It shall come into force on such date as the Govern- ment may, by notification 1n the Gazette, appomt 2 Definitions—In this Act, unless the context otherWise requires,— (a) "ancxent monument" means any structure, erectxon er monument. or any tumulus or place of internment, or any cave, rock—sculpture, inscription or monolith, which is of historical, archaeologlcal or artistic interest and which has been in eXistence for not less than one hundred vears and includes— (1) the remains of an anCient monument, (ii) the Site of an anCient monument, ' Published in the Gazette Exraoidinary No 150, dated 27th June, 1969. 191 (iii) such portion of land adjoining the site of an anoient monument as may be required for fencmg or covering in or otherWise preservmg such monument, and (iv) the means of access to, and convenient inspec- tion of, an anCient monument, but does not include any ancient or historical monument declared by or under any law made by Parliament to be of national importance; (b) "antiquity” includes— (1) any com, sculpture, manuscript, epigraph or other work 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 seience, art, crafts, literature, religion, customs, morals or politics in bygone ages (iv) any article object or thing of historical interest, and (v) any article, object or thing declared by the Government, by notification, to be an antiquity for the pur— poses of this Act, which has been in eXistence for not less than one hundred years, (c) "archaeological officer” means an officer of the Department of Archaeology of the Government not lower in rank than an epigraphic aSSistant, (d) "archaeological Sites and remains" means any area which contains or is reasonably believed to contain ruins or relies of historical or archaeological importance which have been in eXIStence for not less than one hundred years, and includes— (1) such portion of land adioming the area as may be required for fencmg or covering in or otherwise preservmg it, and (n) the means of access to, and convenient inspection of. the area, 192 but does not Include any archaeological site or remains de— clared by or under any law made by Parliament to he of national importance; (e) “Director“ means the Director of Archaeology and includes any officer authorised by the Government to exercrsc the powers and perform the duties of the Director under this Act; (f) "maintain" With its grammatical variations and cognate expressxons, includes the fencmg, covering in, repair— mg, restoring and cleansmg of a protected monument, and the domg of any act which may be necessary for the purpose of preserving a protected monument or of securing convenient access thereto; (g) ”notificatlon" means a notification published in the Gazette ; (h) "owner” includes— (1) a jomt owner invested With powers of management on behalf of himself and other jomt owners and the successor- in-title of any such owner; and (ii) any manager or trustee exerCismg powers of management and the successor—in-of‘fice 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 an anCient monument which is declared to be a protected monument by or under this Act Protection of Ancient Monuments and Archaeological sites and remains 3 Certain ancient monuments, etc., deemed to be pro- tected monuments or areas—(1) All ancient and historical monuments which have been declared under the Ancient Monuments Preservation Act, 1904 (Central Act 7 of 1904) or 193 the Travancore Ancient Monuments Preservation Act (I of 1112) or the AnCIent Monuments PreservatIon Act, IX of 1110 (Cochm Act) to be protected monuments, but thch have not bQI-lh déelaI‘éd by or under any law made by fiarliament to be of natIonal Importance, shall be deemed to be protected monuments for the purposes .of thIs Act (2) Any area Much has been declared under any of the Acts SpeCIfied In sub—sectIon (1) to be a protected area, but whlch has not been declared by or under any law made by Parliament to be of natIonal Importance, shall, If such area 15 an archaeologtcal we and remaIns as defined In thIs Act. be deemed to be a protected area for the purposes of thIs Act. 4 Power of Government to declare ancient monuments, etc., to be protected monuments and areas.—(l) Where the Government are of opInIon that any anCIent monument or archaeologIcal Sue and remams should be declared to be a protected monument or a protected area, as the case may be, they may, by notIficatIon, gIve two months’ notIce of theIr IntentIon to declare such ancxent 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 notIficatton shall be affixed In a conspIcuous place near the monument or SIte and remaIns, as the case may be (2) Any person Interested In any such anCIent monu— ment or archaeologIcal SIte and remaIns may, w1thIn two months after the Issue of the notIficatIon, object to the decla- ratIon of the monument or the archaeologlcal SIte and remams to be a protected monument or protected area, as the case may be (3) On the eprry of the sand perIod of two months, the Government may, after conSIderIng the objectIons, If any. recered by them, declare by nctIficatIon. the anCIent monu- ment or the archaeologxcal SIte and remams to be a protected monument or a protected area. as the case may be (4) A notIficatIon pubhshed under sub-sectIon (3) shall. unless and untll It Is Withdrawn, be concluswe ev1dence of the fact that the anCIent monument or the archaeologIcal Stte and remams to thch It relates Is a protected monument or a protected area, as the case may be, for the purposes of tha- Act. 3/20—1 3 194 Protected Monuments