Bare ActsThe Manipur Ancient and Historical Monuments and Archeological sites and Remains Act, 1976

Section 4

few; 9? Government to declare ancient monuments, etc

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

few; 9? 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 month’s 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“ afiied‘ in a conspicuous place near the monument or "the site and remains, as the case may be. > . . *(2) Any person interested in any such ancient monument or archaeological ‘site and remains may, within two months after the issue of the notification, '(vbjeet- to-the declaration of the monument, Or the archaeological site" and: remains, -as the case may be, to be a protected monument or_'a-»pretected area. A '(3) ‘On the expiry of the said period of two months, the Gavernment may, after considering the objections, if any, received by them, declare by "'nqtifiba'tion,"the “éncient monument or the archaeological 'site afid remains, as the easemzy "he, 'to' bee “protected monument” Or aj“pr0‘te{:ted area”. 4 (4') A notification issued under Sub-section (3) shall, unless and until it is vithdrawn, be conclusive essiéenee of the fact that the ancient monument a the archaeological site and remains to which it relates, is a “protected monument” or a “protected area" for the purposes of this -Act. It Acquisition of rights in, a protected monument—«e (l) The Superintendent may, with the sanction of the Government, purchase, '9: take a lease of, or accept a gift or bequest of, any protected monument. V (2) Where a protected monument is without an owner, the Superintendent may, by notification, assume the guardianship of the monument. (3) The owuer of any protected monument may, by Written instrument, constitute the Superintendent the guardian of the monument, and the Superin- tendent may, with the sanction of the Government accept Such guardianship. 4) When the' Superintendent has accepted the guardianship of a monument under Sub-section (3), the owner shall, except as expressly provided in this Act, have the 'same estate, right, title and interest in and to the monument, as if ‘ the Superintendent had not been cmastituted a guardian thereof ; and the pro- visions of this Act relating to agreements executed under Section 6 shall apply to the written instrument executed under Sub-section (3). (5) Nothing in this Section shalt affect the use of any “protected monument” for “customary religious 'observances”. ‘ 6. Preservation of ptjotected monument by agreement— (1) The Superintendent, When 5:: directed by the Government, shall prepose to the owner_ot_‘ aproteeted menument to enter into an agreement with the Government Within a Specified peried‘, for the maintenance of the monument. (.2)‘ An agreement under this section may provide for all or any of the following matters, namely :~— . .(a) the maintenance of the monument; (b) the custody of the monument and the duties of any person Who may be employed to watch it; ' ‘ (c) the restriction of .the owner’s right— (i) to use the monument for any purpose. V (ii) to charge any'fee for entryinto, or inspection of, the monument, (iii) to destroy, remove, alter or deface the monument, or (iv) to build Von or near the site of the monumenL (d) the facilities of access to be permitted to the public or any section or any archaeological officers or to 'persbns deputed by the owner or any archaeological otficers or other officer or authority authorised by the Government to inspect or maintain the monument ; (e) thenotice to be given to the Government in case the land on which ' the’ monument is situated or any adjoining land is offered for sale by the owner, and the right to be reserved to the Govt. to purchase such. land or any specified portion of such land, at its market value ;' B _ * $4.1;th 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 Seetion "‘6, and such order shall be binding on the owner or Such other person and nonsevery- person claiming title to the monument from, through. or under, the giémr :or such - other person. ‘ (2) Where an order made under Sub-Section (l) provides that the monument 'Isha‘il be maintained by the owner or other person campetent to enter into an agreement, all reasonable expenses for the maintenanee of the monument cabal] be payable by the Government. ’ (3) No Order under Sub—section (I) shall be made unless the owner tor other .person has been given an opportunity of making a representation against the peoposed order.

Section 4 – The Manipur Ancient and Historical Monuments and Archeological sites and Remains Act, 1976 | DailyLaw.ai