Bare ActsThe ANCIENT MONUMENTS PRESERVATION ACT, 1977 (1920 A.D.)

Section 4

Section 20 substituted and sections 20-A, 20-B and 20-C added by Act No

Amendment status not verified — confirm the current text below against the official source.

Section 20 substituted and sections 20-A, 20-B and 20-C added by Act No. I of Samvat 1996. 330 ANCIENT MONUMENTS PRESERVATION ACT, 1977 (2) From the date of such notification all antiquities buried in the protected area shall be the property of Government and shall be deemed to be in the possession of Government, and shall remain the property and in the possession of the Government until ownership thereof is transferred; but in all other respects the rights of any owner or occupier of and in such area shall not be affected. 20-A. Power to enter upon and make excavation in a protected area.––(1) Any officer of the Archaeological Department or any person holding a licence under section 20-B may, with the written permission of the 1[Deputy Commissioner of the District] or in the case of Ladakh District, the 2[Deputy Commissioner] of that District, enter upon and make excavations in any protected area. (2) Where in the exercise of the power conferred by sub-section (1) the rights of any person are infringed by the occupation or disturbance of the surface of any land, the Government shall pay to that person compensation for the infringement. 20-B. Power of Government to make rules regulating archaeological excavation in protected areas.––(1) The Government may make rules,–– (a) prescribing the authorities by whom licence to excavate for archaeological purposes in a protected area may be granted ; (b) regulating the condition on which such licences may be granted, the form of such licences and the taking of security from licensees ; (c) prescribing the manner in which antiquities found by a licensee shall be divided between Government and the licensee ; and (d) generally to carry out the purposes of section 20. (2) The power to make rules given by this section is subject to the condition of rules being made after previous publication. (3) Such rules may be general for all protected areas for the time being, or may be special for any particular protected area or areas. (4) Such rules shall provide that any person committing a breach of any such rule or any condition of a licence issued under this section shall be punishable with fine which may extend to 3[twenty thousand rupees], and may further provide that where the breach has been by the agent or servant of a licensee, the licensee himself shall be punishable.

Section 4 – The ANCIENT MONUMENTS PRESERVATION ACT, 1977 (1920 A.D.) | DailyLaw.ai