Ancient Monuments Preservation Act, 1977 (1920 A. D.)
No: 5 Dated: Apr, 01 1978
THE ANCIENT MONUMENTS PRESERVATION ACT, 1977 (1920 A.D.)
(Act No. V of Samvat 1977)
An Act to provide for preservation of Ancient Monuments and of objects of archaeological, historical or artistic interest.
Whereas it is expedient to provide for the preservation of ancient monuments, for the exercise,of control over traffic in antiquities and over excavation in certain places, and for the protection and acquisition in certain cases of ancient monuments and of objects of archaeological, historical or artistic interest;
It is hereby enacted as follows :-
1. Short title, extent and commencement. - (1) This Act may be called the Jammu and Kashmir Ancient Monuments Preservation Act, 1977.
(2) It extends to the whole of Jammu and Kashmir State. It shall come into force on the 1st day of Baisakh 1978.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context-
(1) "Ancient monument" means any structure erection or monument, or any tumulus or place of interment, or any cave, rock-sculpture, inscription or monolith, which is of historical, archaeological or artistic interest and has been in existence for not less than one hundred years, or any remains thereof and includes-
(a) the site of an ancient monument;
(b) such portion of land adjoining the site of an ancient monument as may be required for fencing or covering in or other wise preserving such monument; and
(c) the means of access to and convenient inspection of an ancient monument;
(2) "Antiquities" include any movable objects which the Government, by reason of their historical or archaeological associations, may think it necessary to protect against injury, removal or dispersion;
(3) "Archaeological Officer" means any Officer of the Archaeology Department, not below the rank of Deputy Director;
(3A) "construction" means any erection of a structure or a building, including any addition or extension thereto, either vertically or horizontally but does not include any reconstruction, repair or renovation of an existing structure or building or, construction, maintenance and cleansing of drains or drainage works or public latrines, urinals and similar conveniences, or, the construction and maintenance of works meant for providing supply of water for public, or the construction and maintenance of works meant for providing supply of water for public, or the construction, maintenance, extension and management for supply and distribution of electricity to the public, or provision for similar facilities for public;
(4) "Maintain" and "maintenance," include the fencing, covering in, repairing, restoring and cleansing of a protected monument, and the doing of any act which may be necessary for die purpose of maintaining a protected monument or of securing convenient access thereto;
(5) "Land" includes a revenue-free estate, a revenue paying estate, and a permanent transferable tenure whether such estate or tenure be subject to encumbrance, or not;
(5A) "Minister" means the Minister-in-charge of the Archaeological Department; and
(6) "Owner" includes a joint owner invested with powers of management on behalf of himself and other joint owners, and any manager or trustee exercising powers of management over an ancient monument, and the successor in title of any such owner and the successor in office of any such manager or trustee :
Provided that nothing in this Act shall be deemed to extend the powers which may lawfully be exercised by such manager or trustee.
(7) "prescribed" means prescribed by rules framed under this Act; and
(8) "State Protected Monument" means any monument declared to be protected under this Act.