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Ancient Monuments Preservation Act, 1904 Complete Act

State: Central

Year: 1904

.....Pradesh: M. P. Act 12 of 1964; Maharashtra: Maha. Act 12 of 1961; Manipur: Manipur Act 15 of 1977; Punjab: Punj. Act 20 of 1964; Rajasthan: Raj. Act 19 of 1961. The Act has also ceased to have effect in relation to ancient and historical monuments and archaeological sites and remains which are declared by or under the Central Act 24 of 1958 to be of national importance: See Act 24 of 1958, S. 39 (2). See also the following State Acts on the same subject. Assam Act 25 of 1959; J. and K. Act 5 of 1977 (1920 A.D.); Kerala Act 26 of 1969; Uttar Pradesh Act 7 of 1957; West Bengal Act 31 of 1957 SECTION 01: SHORT TITLE AND EXTENT - (1) This Act may be called The Ancient Monuments Preservation Act, 1904. 2[(2) It extends to the whole of India3[except the State of Jammu and Kashmir].] SECTION 02: 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, or any remains thereof, and includes- (a) the site of an ancient monument;.....

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Ancient Monuments Preservation Act, 1904 [Repealed] Section 17

Title: Power to Central Government to Control Traffic in Antiquities

State: Central

Year: 1904

.....be liable to confiscation. (4) An officer of Customs, or an officer of Police of a grade not lower than Sub-Inspector, duly empowered by the {Substituted by the A.O 1937, by the A.O.1937, for "L.G." }[Central Government] in this behalf, may search any vessel, cart or other means of conveyance, and may open any baggage or package of goods, if he has reason to believe that goods in respect of which an offence has been committed under sub-section (2) are contained therein. (5) A person who complains that the power of search mentioned in sub-section (4) has been vexatiously or improperly exercised may address his complaint to the {Substituted by the A.O 1937, by the A.O.1937, for "L.G." }[Central Government], and the {Substituted by the A.O 1937, by the A.O.1937, for "L.G." }[Central Government] shall pass such order and may award such compensation, if any, as appears to it to be just.

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Ancient Monuments Preservation Act, 1904 [Repealed] Section 21

Title: Assessment of Market-value or Compensation

State: Central

Year: 1904

(l) The market-value of any property which Government is empowered to purchase at such value under this Act, or the {The words " amount of " omitted by Act 18 of 1932, s.4.}compensation to be paid by Government in respect of anything done under this Act, shall, where any dispute arises {Substituted by s.4, ibid., for " touching the amount }[in respect] of such market-value or compensation, be ascertained in the manner provided by the Land Acquisition Act, 1894, sections 3, 8 to 34, 45 to 47, 51and 52, so far as they can be made applicable: Provided that when making an inquiry under the said Land Acquisition Act, 1894, the Collector shall be assisted by two assessors' one of whom shall be a competent person nominated by the Collector, and one a person nominated by the owner or, in case the owner fails to nominate an assessor within such reasonable time as may be fixed by the Collector in this behalf, by the Collector.

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Ancient Monuments Preservation Act, 1904 [Repealed] Repealing Act 1

Title: Ancient Monuments and Archaeological Sites and Remains Act, 1958

State: Central

Year: 1904

..... 7. Owners under disability or not in possession (1) Ifthe owner of a protected monument is unable, by reason of infancy or otherdisability, to act for himself, the person legally competent to act on hisbehalf may exercise the powers conferred upon an owner by section 6. (2) In the case ofvillage property, the headman other village-officer exercising powers of management over such property mayexercise the powers conferred upon an owner by section 6. (3) Nothing in thissection shall be deemed to empower any person not being of the same religion asthe person on whose behalf he is acting to make or execute an agreement relatingto a protected monument which or any part of which is periodically used for thereligious worship or observances of that religion. 8. Application of endowment to repair a protected monument (1)If any owner or other person competent to enter into an agreement under section6 for the maintenance of a protected monument refuses or fails to enter intosuch an agreement, and if any endowment has been created for the purpose ofkeeping such monument in repair or for that purpose among other, the CentralGovernment may institute a suit in the court of the.....

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Ancient Monuments Preservation Act, 1904 [Repealed] Section 18

Title: Poweer to Central Government to Control Moving of Sculptures , Carvings or Like Objects

State: Central

Year: 1904

.....the Collector may require. (3) If the Collector refuses to grant such permission, the applicant may appeal to the Commissioner, whose decision shall be final. (4) Any person who moves any object in contravention of a notification issued under sub-section (1), shall be punishable with fine which may extend to five hundred rupees. (5) If the owner of any property proves to the satisfaction of {Substituted by the A.O 1937, by the A.O.1937 for " the L.G."}[the Central Government] that he has suffered any loss or damage by reason of the inclusion of such property in a notification published under sub-section (1), {Substituted by the A.O.1937 for " the L.G."}[the Central Government] shall either (a) exempt such property from the said notification; (b) purchase such property, if it be moveable, at its market - value; or (c) pay compensation for any loss or damage sustained by the owner of such property, if it be immoveable.

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Ancient Monuments Preservation Act, 1904 [Repealed] Section 10A

Title: Power Central Government to Control Mining, Etc., Near Ancient Monument

State: Central

Year: 1904

.....and (c) prescribing the authority by which, and the terms on which, licences may be granted to carry on any of the said operations. (2) The power to make rules given by this section is subject to the condition of the rules being made after previous publication. (3) A rule made under this section may provide that any person committing a breach thereof shall be punishable with fine which may extend to two hundred rupees. (4) If any owner or occupier of land included in a notification under sub-section (1) proves to the satisfaction of the {Substituted by the A.O.1937, for " L, G.".} [Central Government] that he has sustained loss by reason of such land being so included, the {Substituted by the A.O.1937, for " L, G.".} [Central Government] shall pay compensation in respect of such loss.]

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Ancient Monuments Preservation Act, 1904 [Repealed] Section 20A

Title: Power to Enter Upon and Make Excavations in a Protected Area

State: Central

Year: 1904

(1) Any officer of the Archological Department or any person holding a licence under section 20B may, with the written permission of the Collector. 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, {Substituted by the A.O.1937, for "the Govt.".}[the Central Government] shall pay to that person compensation for the infringement.

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Ancient Monuments Preservation Act, 1904 [Repealed] Section 24

Title: Protection to Public Servants Acting Under Act

State: Central

Year: 1904

No suit for compensation and no criminal proceeding shall lie against any public servant in respect of any act done, or in good faith intended to be done, in the exercise of any power conferred by this Act.

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Ancient Monuments Preservation Act, 1904 [Repealed] Complete Act

Title: Ancient Monuments Preservation Act, 1904 [Repealed]

State: Central

Year: 1904

..... Section18 - Poweer to Central Government to control moving of sculptures , carvings or like objects Section19 - Purchase of sculptures, carvings or like objects by the Government Section20 - Power of Central Government to notify areas as protected Section20A - Power to enter upon and make excavations in a protected area Section20B - Power of Central Government to make rules regulating Archaeological excavation in protected areas Section20C - Power to acquire a protected area Section21 - Assessment of market-value or compensation Section22 - Jurisdiction Section23 - Power to make rules Section24 - Protection to public servants acting under Act Repealing Act1 - ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS ACT, 1958

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