Jharkhand Ancient Monuments and Archaeological Sites, Remains and Art Treasures Act, 2016
No: 14 Dated: May, 24 2016
THE JHARKHAND ANCIENT MONUMENT AND ARCHAEOLOGICAL SITES, REMAINS AND ART TREASURE ACT, 2016
(Jharkhand Act-14,2016)
An Act to provide for preservation of ancient monuments and archaeological sites and remains other than those declared by or under law made by parliament to be of national importance for the regulation of archaeological excavation and for the protection of antiquities in the state of Jharkhand.
Preamble- Be it enacted by the Jharkhand Legislature in the 67th year of the Republic of India as follows:-
1. Short title, extent and commencement:- a) This Act may be called the Jharkhand Ancient Monuments and Archaeological Sites, Remains and Art Treasures Act., 2016.
b) It extends to the whole of the State of Jharkhand.
c) It shall come into force on such date as the State Government may by notification in the Official Gazette, appoint.
2. Definitions- In this Act, unless there is anything repugnant in the subject or context:-
a) "Ancient Monument" means any structure, erection or monument or any tumulus or place of internment, or burning or nay cave, stone sculpture, inscription or monolith, which is of historical, archaeological or artistic interest , and which has been in existence for not less than one hundred years and includes-
i) the remains thereof,
ii) the site thereof,
iii) the portion of land adjoining such site which may be necessary or required for the preservation, protection, upkeep and maintenance of the same; and
iv) the means of access thereto and convenient inspection and repairs thereof;
b) "Antiquity" includes-
i) any coin, sculpture, painting, epigraph, or other work of art or craftsmanship;
ii) any article, object or thing detached form a building or cave;
iii) any article, object or thing illustrative of science, art, crafts, literature, religion, customs, morals or politics of bygone ages;
iv) any article, object or thing of historical interest; and
v) any article, object or thing which the State Government may by reason of its historical or archaeological association by notification in the Official Gazette, declare to be any antiquity for the purpose of this ordinance and which has been in existence for not less than one hundred years and
vi) any manuscript, record or other document which is of scientific, historical, literary or aesthetic value and which has been in existence for not less than seventy five years.
c) "Art teasure" means any human work of art, not being an antiquity declared by the state government by notification on the Official Gazette, to be an art treasure for the purposes of this Act having regard to ist historical and aesthetic value. Provided that no declaration under this clause shall be made in respect of any such work of art so long as the author thereof is alive:
d) "Archaeological Officer" means any officer of the Department of Archaeology and Museums of the State Government not below such rank as the State Government may from time to time prescribe:
e) "Archaeological site and remains" any area which contains or is reasonably believed to contain ruins or relics of historical or archaeological importance and which have been is existence for not less than one hundred years and includes-
i) such portion of lands as adjoining the area may be required for fencing or covering in or otherwise preserving it; and
ii) the means of access to, and convenient inspection of the area;
f) "Director" means Director of Archaeology and Museums of the State Government and includes any officer authorized by the State Government to perform the duties of the Director;
g) "Maintain" with its grammatical variations and cognate expressions includes the fencing, covering, repairing, restoring and cleaning of a protected monument and the doing of any act which may be necessary for the purpose of preserving a protected monument or creating an ambience conducive to it or securing convenient access thereto.
h) "Owner" includes-
(i) a joint owner invested with powers of management on behalf of himself and other joint owners and the successor -in-title of any such owner; and
(ii) any manager or trustee exercising powers of management and the successor in office 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 ancient monument which is declared to be a protected monument by or under this Act and
l) "State Government" means the State Government of Jharkhand.
PROTECTION OF ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS
3. Power of State Government to declare ancient monuments etc. to be protected monuments and areas:- (1) Where the State Government is of opinion that any ancient monument or archaeological site and remains requires protection under this Act, it may by notification in the Official Gazette, give two months notice of its 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 affixed in a conspicuous place near the monument or the site and remains, as the case may be;
(2) Any person interest in any such ancient monument or archaeological site and remains may, within two months after the issue of the notification, object to the declaration of the monuments or the archaeological site and remains, to be a protected monument or a protected area,
(3) On the expiry of the said period of two months, the State Government may, after considering the objections, if any, received by it, declare by notification in the Official Gazette, the ancient monuments or the archaeological site and remains, as the case may be to be a protected monument or a protected area.
(4) A notification published under sub-section (3) shall, unless and until it is withdrawn by conclusive evidence of the fact that the ancient monument or the archaeological site and remains to which it relates is a protected monument or a protected area for the purpose to this Act.