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      • 1. Short title, extent and commencement.
      • 2. Definitions.
      • 3. Certain ancient and historical monuments deemed to be protected monuments.
      • 4. Power of State Government to declare ancient and historical monuments to be protected monuments.
      • 5. Acquisition of rights in a protected monument.
      • 6. Preservation of protected monument by agreement.
      • 7. Owners under disability or not in possession.
      • 8. Application of endowment to repair a protected monument.
      • 9. Failure or refusal to enter into an agreement.
      • 10. Power to make order prohibiting contravention of agreement under section 6.
      • 11. Enforcement of agreements.
      • 12. Purchasers at certain sales and persons claiming through owner bound by instrument executed by owner.
      • 13. Acquisition of protected monuments.
      • 14. Maintenance of certain monuments.
      • 15. Voluntary contributions.
      • 16. Protection of place of worship from misuses, pollution or desecration.
      • 17. Preservation of amenities of protected monuments.
      • 18. Relinquishment of Government rights in a monument.
      • 19. Right of access to protected monuments.
      • 20. Power of State Government to declare archaeological sites and remains t be protected areas.
      • 21. Restrictions on enjoyment of property rights in protected areas.
      • 22. Power to acquire a protected area.
      • 23. Excavations in protected areas.
      • 24. Compulsory purchase of antiquities etc., discovered during excavation operation.
      • 25. Power of State Government to control moving of antiquities.
      • 26. Purchase of antiquities by State Government.
      • 27. Compensation for loss or damage.
      • 28. Assessment of market value or compensation.
      • 29. Special provision as to compensation under section 17.
      • 30. State Advisory Board.
      • 31. Delegation of powers.
      • 32. Power to issue directions.
      • 33. Penalties.
      • 34. Jurisdiction to try offences.
      • 35. Certain offences to be cognizable.
      • 36. Special provision regarding fine.
      • 37. Recovery of amounts due to Government.
      • 38. Monuments and sites which have ceased to be protected monuments and protected areas.
      • 39. Power to correct mistakes etc.
      • 40. Protection of action taken under this Act.
      • 41. Powers to make rules.
      • 42. Application of certain other laws not barred.
      • 43. Repeal and saving.
      • 44. Act not applicable to ancient monuments, etc., of national importance.
      • 1. Short title, extent and commencement.
      • 2. Definitions.
      • 3. Monuments governed by agreement.
      • 4. Power to keep closed any monument or part thereof temporarily.
      • 5. Monuments when kept open.
      • 6. Entrance fee.
      • 7. Holding of meetings etc. in monuments.
      • 8. Prohibition of certain acts within monuments.
      • 9. Penalty.
      • 10. Application for permission under section 21(1), for construction or carrying on mining operations.
      • 11. Licence required for excavation.
      • 12. Application for excavation licence.
      • 13. Grant or refusal of licence.
      • 14. Period of licence.
      • 15. Cancellation of licence.
      • 16. Conditions of licence.
      • 17. Recovery from security.
      • 18. Demand for further security.
      • 19. Appeal.
      • 20. Return of security.
      • 21. Publication of results of excavation.
      • 22. Retention of antiquity by licensee.
      • 23. Penalty.
      • 24. Form of report by an Archaeological Officer or Licensee.
      • 25. Application for moving antiquities.
      • 26. Grant or refusal of permission.
      • 27. Appeal.
      • 28. Licence required for construction or mining operations adjoining or near protected monuments.
      • 29. Application for licence.
      • 30. Grant or refusal of licence.
      • 31. Cancellation of licence.
      • 32. Appeal.
      • 33. Removal of unauthorised buildings.
      • 34. Penalty.
      • 35. Further regulation of right of access.
      • 36. Permission required for copying certain monuments.
      • 37. Conditions of copying other monuments.
      • 38. Licence required for filming.
      • 39. Application for licence.
      • 40. Grant or refusal of licence.
      • 41. Cancellation of licence.
      • 42. Appeal.
      • 43. Certain rules not affected.
      • 44. Penalty.
      • 45. Name and Constitution of Board.
      • 46. Terms of office of members.
      • 47. Appointment of Assistant Secretaries.
      • 48. Meetings of Board.
      • 49. Travelling allowance to members.
      • 50. Manner of preferring an appeal.
      • 51. Service of orders and notices.

The Maharashtra Ancient Monuments and Archaeological Sites and Remains Rules, 1962

Published vide Notification No. G. N., E. & S.W.D., No. ANM-2161-C-(2), dated September, 1962 (M. G., Part 4B, p. 2836)

mh591


LEGISLATIVE HISTORY 6

  • Amended by G. N., E. & S. W. D., No. ANM- 2063-Q, dated 15th April, 1968 (M. G., Part IV-B, p. 735)

  • In exercise of the powers conferred by section 41 of the Maharashtra Ancient Monument and Archaeological Sites and Remains Acts, 1960 (Maharashtra XII of 1961), and in supersession of all the rules made under the Act repealed by section 43 of the said Act with respect to the matters covered by the following rules, the Government of Maharashtra hereby makes rules, the same having been previously published as required by sub-section (1) of the said section 41, as follows namely:-

    Chapter I

    Preliminary

    1. Short title, extent and commencement. - (1) These rules may be called the Maharashtra Ancient Monuments and Archaeological Sites and Remains Rules, 1962.

    (2) They extent to the whole of the State of Maharashtra.

    (3) They shall come into force on the 8th day of October, 1962.

    2. Definitions. - In these rules, unless the context otherwise requires of-

    (a) "Act" means the Maharashtra Ancient Monuments and Archaeological Sites and Remains Act, 1960;

    (b) "Board" means the State Advisory Board constituted under sub-section (1) of section 30;

    (c) "construction" means the construction of any structure and includes addition to, or alteration of, an existing building;

    (d) "copying" together with its grammatical variations and cognate expressions, means the preparation of copies by drawing, or by photograph or by mould or by squeezing, and includes the preparation of a cinematographic film with the aid of a hand camera which is capable of taking films of not more than eight millimeters and which does not require the use of a stand or involve any special previous arrangements;

    (e) "filming", together with its grammatical variations and cognate expressions, means the preparation of a cinematographic film with aid of a camera which is capable of taking films of more than eight millimeters and which requires the use of a stand or involves other special previous arrangements;

    (f) "form" means a form set out in the Third Schedule;

    (g) "mining operation" means any operation for the purpose of searching for or obtaining minerals; and includes quarrying, excavating, blasting and of any operation of a like nature;

    (h) "Schedule" means a Schedule to these rules;

    (i) "section" means a section of the Act.

    Chapter II

    Access to Protected Monuments

    3. Monuments governed by agreement. - (1) Access to protected monuments in respect of which an agreement has,been entered into between the owner and the State Government under section 6, or in respect of which an order has been made by that Government under section 9, shall be governed by the provisions of the agreement or, as the case may be, the order; and nothing in [rules 4, 5, 6 or 7] shall be construed as affecting any such agreement or order.

    (2) A copy of the relevant provisions of every such agreement or order shall be exhibited in a conspicuous [part of] the monument concerned.

    [4. Power to keep closed any monument or part thereof temporarily. - If in the opinion of the Director an emergency exists requiring temporary closure of any protected monument or part thereof to the public, he may, by order, direct that a protected monument or any part thereof shall not be open during such period as may be specified by him to any person other than an Archaeological Officer, his agents, subordinates and workmen and any other Government servant on duty at such monument or part thereof.]

    5. Monuments when kept open. - (1) Protected monuments which are intended to be kept open during any specified hours shall be notified by the Director in the Official Gazette in the [form] as set out in the First Schedule; [protected monuments which are not so notified and to which neither] rule 3 nor rule 4 applies shall remain open from sunrise to sunset:

    Provided that, an Archaeological Officer may, by notice to be exhibited in a conspicuous part of the monument, direct that a protected monument or part thereof shall be closed temporarily for such periods as may be specified in the notice.

    (2) Nothing in this rule or in rule 6 shall apply to an Archaeological Officer, his agents, subordinates and workmen or to any other Government servant on duty at a protected monument.

    6. Entrance fee. - The protected monuments or any part thereof, entry into which can be had only on payment of fee shall be notified by the State Government in the Official Gazette in the [form] as set out in the Second Schedule; and no person above the age of fifteen years shall enter any such protected monument or part thereof except on payment of a fee of fifteen naye paise :

    Provided that, the Director may, by order, direct that, on such occasions and for such period as may be specified in the order, no fee shall be charge for entry into a protected monument or part thereof.

    7. Holding of meetings etc. in monuments. - (1) No protected monument shall be used for the purpose of holding any meeting, reception party, conference or entertainment, except under and in accordance with a permission in writing granted by the State Government.

    (2) Nothing in sub-rule (1) shall apply to any meeting, reception party, conference or entertainment which is held in pursuance of a recognised religious usage or custom.

    8. Prohibition of certain acts within monuments. - (1) No person shall, within a protected monument -

    (a) do any act which causes or is likely to cause damage or injury to any part of the monument; or

    (b) discharge any fire-arms; or

    (c) cook or consume food except in areas, if any, permitted to be used for that purpose by the Director or an Archaeological Officer; or

    (d) hawk or sell goods or wares or canvass any [customer] for such goods or wares or display any advertisement in any form or show a visitor round for monetary consideration, except under the authority of, or under and in accordance with the conditions of a licence granted by, an Archaeological Officer; or

    (e) beg for alms; or

    (f) violate any practice, usage or custom applicable to, or observed in, the monument; or

    (g) bring, for any purpose other than the maintenance of the monument -

    (i) any animal, or

    (ii) any vehicle except in areas reserved for the parking thereof.

    9. Penalty. - Whoever -

    (i) unlawfully enters any protected monument or part thereof at a time when, under these rules, it is not open to the public; or

    (ii) unlawfully enter any protected monument in respect of which an order has been made under rule 4 or a notification has been issued under rule 5, or

    (iii) contravenes any of the provisions of rule 6 or rule 7 or rule 8,

    shall, on conviction, be published with fine which may extend to five hundred rupees.

    Chapter III

    Construction [or] Mining [or] Excavation Operations in Protected Areas

    10. Application for permission under section 21(1), for construction or carrying on mining operations. - Every application for permission of the State Government under sub-section (1) of section 21 shall be made in Form I, at least three months before the date of commencement of the construction or, as the case may be, mining operation for which the permission is required.

    11. Licence required for excavation. - Subject to the provisions of section 24 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, no person other than an Archaeological Officer or an Officer authorised by him in this behalf shall enter upon and make excavations for archaeological purposes in any protected area, except under and in accordance with the terms and conditions of a licence granted under rule 13.

    12. Application for excavation licence. - Every application for a licence under rule 13 shall be made in Form II to the Director, at least four months before the date proposed for the commencement of the excavation operations.

    13. Grant or refusal of licence. - (1) On receipt of an application under rule 12 the Director may grant a licence in Form III if he is satisfied that, having regard to the [status] of the applicant, the competence of the Director [of excavation] operations, the adequacy of the staff to be employed and other relevant factors, the licence may be granted to the applicant:

    Provided that, no licence shall be granted unless the applicant has furnished a security of such amount not exceeding ten thousand rupees as the Director may, having regard to the circumstances of each case, require.

    (2) The Director may, by order, for reasons to be recorded in writing refuse to grant a licence in any particular case.

    14. Period of licence. - Every licence granted under rule 13 shall be in force for such period not exceeding three years as may be specified in the licence :

    Provided that, the Director may, on application made to him at least one month before the expiry of a licence, extend its period by one year at a time so that the aggregate period does not exceed five years.

    15. Cancellation of licence. - The Director may, by order cancel a licence granted under rule 13, if he is satisfied that the conduct of the excavation operations has not been satisfactory or in accordance with conditions of the licence, or if any further security demanded under rule 18 has not been deposited within the specified time

    Provided that, no licence shall be cancelled unless the licensee has been given an opportunity of being heard.

    16. Conditions of licence. - Every licence granted under rule 13 shall be subject to the provisions of the Act and these rules and the following conditions, namely :-

    (a) the licence shall not be transferable;

    (b) the licensee shall give to the Director, the Collector, and the owner of the land to be excavated, at least fifteen days' notice in writing of the commencement of the excavation operations;

    (c) the licensee shall produce the licence, before the Collector or the District Superintendent of Police concerned or an Archaeological Officer, if so required;

    (d) the excavation operations shall be conducted under the supervision of the Director named in the licence, who shall be present at the excavation operations for at least three-fourth of the period of the operations;

    (e) the licensee shall not, without the permission of the Director, dismantle or disturb any structures found during the excavation operations and shall make adequate arrangements for the safety of such structures and of the excavated antiquities till they are taken charge of by the Director;

    (f) the licensee shall not subject any antiquities recovered during the excavation operations to any chemical or electrolytic process of cleaning without the written permission of the Director;

    (g) an Archaeological Officer or his representative shall be allowed to inspect the excavation operations or any antiquities recovered during the operations and make notes on, or copy or film the excavated structures and antiquities;

    (h) the licensee shall not discontinue the excavation operations unless he has given at least fifteen days' notice in writing to the Director;

    (i) at the conclusion of the excavation operations, the licensee shall give notice in writing to the owner of the land specifying the nature of the antiquities, if any, recovered during the operations;

    (j) the licensee shall, within three months of the completion of the excavation operations, submit to the Director, a summary report of the results of the excavation operations, and where the operations are carried on for a period of more than three months, such report shall be submitted every quarter, and it shall be [open to] the Director to publish the report or reviews; and

    (k) the licensee shall, as soon as practicable, submit a report in Form IV to the State Government through the [Director of] the antiquities recovered during the excavation operations.

    17. Recovery from security. - Where by reason of the excavation operations carried on by the licensee, any compensation becomes payable under section 27 to the owner or occupier of the land excavated, the Director may, by order direct that an amount equal to such compensation shall be deducted from the amount of security furnished by the licensee under rule 13.

    18. Demand for further security. - Where, during the currency of a licence, any amount has been recovered under rule 17, the Director may require the licensee, within such time as he may specify in that behalf, to deposit such further sum as security as is equivalent to the amount so recovered.

    19. Appeal. - Any person aggrieved by an order of the Director under rule 13 or rule 15 or rule 17 may prefer an appeal to the State Government, whose decision on such appeal shall be final.

    20. Return of security. - On the expiration or the cancellation of a licence, the security deposited by the licensee [or the balance] thereof remaining after deduction of any amount under rule 17 shall be returned to him.

    21. Publication of results of excavation. - (1) The licensee shall publish the result of his excavation operations within such period as may be specified in that behalf by the Director;

    (2) Save as otherwise provided in clause (j) of rule 16, the Director shall not publish such results without the consent of the licensee, unless the licensee has failed to publish them within the period specified under sub-rule (1).

    22. Retention of antiquity by licensee. - The State Government may, by order, subject to such terms and conditions as may be specified, permit the licensee to retain such of the antiquities recovered during the excavation operations as may be specified therein :

    Provided that, human relics and antiquities, which in the opinion of the State Government are of historical or archaeological importance, shall not be permitted to be retained by the licensee.

    23. Penalty. - Whoever,-

    (i) unlawfully undertakes any excavation for archaeological purposes in any protected area, or

    [(ii) contravenes any of the conditions of a licence granted under rule 13, shall, on conviction, be punished with fine which may extend to five thousand rupees.]

    Chapter IV

    Report on Excavated Antiquities by Archaeological Officer [or Licensee]

    24. Form of report by an Archaeological Officer [or Licensee]. - Where, as a result of an excavation made by [an Archaeological Officer or a Licensee in area] under section 23, any antiquities are discovered, [the Archaeological Officer or the Licensee shall,] as soon as practicable, submit a report in Form V to the State Government through the Director, on the antiquities recovered during the excavation.

    Chapter V

    Moving of Antiquities from certain areas

    25. Application for moving antiquities. - Every application for permission to move any antiquities or any class of antiquities in respect.of which a notification has been issued under sub-section (1) of section 25 shall be made in Form VI to the Collector, at least three months before the date on which it is desired to move him.

    26. Grant or refusal of permission. - On receipt of an application under rule 25, the Collector may, after making such inquiry as he may deem necessary and consulting the Director grant permission for the moving of all or any of the antiquities or, for reasons to be recorded, refuse such permission.

    27. Appeal. - Any person aggrieved by an order of the Collector under rule 26 may prefer an appeal to the State Government, whose decision on such appeal shall be final.

    Chapter VI

    Construction [or Mining] Operations Adjoining or Near Protected Monuments

    28. Licence required for [construction or mining operations] adjoining or near protected monuments. - No person other than an Archaeological Officer shall undertake any mining operation near [a protected monument] or any construction on land adjoining such monument, except under and in accordance with the terms and conditions of a licence granted by the Director.

    29. Application for licence. - Any person intending to undertake any mining operation or any construction as aforesaid may apply to the Director in Form VII at least three months before the date of commencement of such operation or construction.

    30. Grant or refusal of licence. - (1) On receipt of an application under rule 29, the Director may grant a licence in Form VIII if he is satisfied that the proposed operation or construction will not destroy or deface the protected monument or any reasonable amenities of such monument.

    (2) The Director may, by order, for reasons to be recorded in writing refuse to grant a licence in any particular case.

    (3) Every licence granted under sub-rule (1) shall be subject to the provisions of the Act and these rules and the following conditions, namely :-

    (a) the licence shall not be transferable;

    (b) it shall be valid for the period specified therein; and

    [(c) the licensee shall carry out the mining operation or the construction in such manner as to ensure the safety and appearance or, the maintenance of the approach and access to, the protected monument.]

    31. Cancellation of licence. - The Director may, by order, cancel a licence granted under rule 30, if he is satisfied that any of its conditions has been violated :

    Provided that, no licence shall be cancelled unless the licensee has been given an opportunity of being heard.

    32. Appeal. - Any person aggrieved by an order of the Director made under rule 30 or rule 31 may prefer an appeal to the State Government whose decision on such appeal shall be final.

    33. Removal of unauthorised buildings. - (1) The State Government may, by order, direct the owner or occupier of any building or part thereof which has been constructed in contravention of any of the conditions of a licence granted under rule 30 to remove such building or part thereof within a period specified in that order.

    (2) If the owner or occupier refuses or fails to comply with an order made under sub-rule (1), the State Government may direct the Collector to cause the building or part thereof to be removed and the owner or occupier shall be liable to pay the cost of such removal.

    34. Penalty. - Whoever -

    (i) unlawfully undertakes any mining operation or construction near or adjoining a protected monument, or

    (ii) contravenes any of the conditions of a licence granted under rule 30, or

    (iii) fails or refuses to comply with an order made under sub-rule (1) of rule 33,

    shall, on conviction, be punished with imprisonment which may extend to three months or with fine which may extend to five thousand rupees, or with both.

    Chapter VII

    Copying and Filming of Protected Monuments

    35. Further regulation of right of access. - The right of access of the public to a protected monument shall be subject to the provisions of the additional rules prescribed in this Chapter.

    36. Permission required for copying certain monuments. - The Director may, by order, direct that no person visiting any specified monument shall copy such monument or part thereof, except under and in accordance with the terms and conditions of a permission in writing granted by an Archaeological Officer.

    37. Conditions of copying other monuments. - (1) [Any person may copy a] protected monument in respect of which no order under rule 36 has been made.

    (2) Nothing in sub-rule (1) shall be construed as authorising any person, while copying any such monument, to -

    (a) bring into or use within the precincts of such monument a camera stand, stool, chair, table, large drawing-board, easel or any such appliance, or

    (b) erect any scaffolding within such precincts, or

    (c) use within such precincts any artificial light other than a flash-light synchronised with the exposure of camera, or

    (d) apply any extraneous matter, such as water, oil, grease or any moulding material, on such monument or part thereof, or

    (e) prepare a direct tracing or mould or squeeze of such monument or part thereof,

    [except under] and in accordance with the terms and conditions of a permission in writing granted by an Archaeological Officer.

    38. Licence required for filming. - No person visiting a protected monument shall undertake any filming operation at the protected monument or part thereof, except under and in accordance with the terms and conditions of a licence granted under rule 40.

    39. Application for licence. - Every person intending to undertake any filming operation at a protected monument shall apply to the Director in Form IX at least three months before the proposed date of the commencement of such operation.

    40. Grant or refusal of licence. - [(1) On receipt of an application under rule 39, the Director may on being satisfied that the film is proposed to be taken for promoting education or with a view to giving publicity, adequate information, regarding the monument and that the film will not be used in contravention of the Act or the rules made thereunder and that it will not otherwise be misused, grant a licence in Form X.]

    (2) The Director may, by order, for reasons to be recorded in writing refuse to grant a licence in any particular case.

    (3) Every licence granted under sub-rule (1) shall be subject to the provisions of the Act and these rules and the following conditions, namely :-

    (a) the licence shall not be transferable and shall be valid for the period specified therein;

    (b) nothing shall be done by the licensee or any member of his party which has, or may have, the effect of exposing any part of the monument or attached lawn or garden to the risk of damage;

    (c) the filming operation shall be restricted to that part of the monument in respect of which the licence has been granted;

    (d) no extraneous matter, such as water, oil, grease or the like, shall be applied on any part of the monument;

    (e) the generating plant for electric power, wherever required shall be placed away from the monument or the attached lawn or garden.

    (f) the filming operation shall not obstruct or hamper the movement of persons who may lawfully be within the precincts of the monument; and

    (g) any other condition which the Director may specify in the licence.

    41. Cancellation of licence. - The Director may, by order, cancel a licence granted under rule 40 if he is satisfied that any of its conditions has been violated :

    Provided that, no licence shall be cancelled unless the licensee has been given an opportunity of being heard.

    42. Appeal. - Any person aggrieved by an order of the Director made under rule 40 or rule 41 may prefer an appeal to the State Government, whose decision on such appeal shall be final.

    43. Certain rules not affected. - Nothing in rule 37 and no provision of a permission granted under rule 36 or of a licence granted under rule 40 shall affect the operation of rules 3, 4, 5, 6, 7, 8, and 9.

    44. Penalty. - Whoever copies or films any protected monument or does any other act in contravention of any provision of this Chapter or of any permission or licence granted thereunder shall [on conviction] be punished with fine which may extend to five hundred rupees.

    Chapter VIII

    State Advisory Board

    45. Name and Constitution of Board. - (1) The Board to be constituted by the State Government under section 30 shall be called by the name of the Maharashtra State Board for Archives and Archaeology and shall consist of the President and other members, as follows, namely:-

      (a)

      The Secretary to the Government of Maharashtra or any other officer of his status in charge of Education Department as may be specified by Government (ex officio).

      President

      (b)

      The Director of Archives and Historical Monuments (ex officio).

      Member-Secretary

      (c)

      Eight persons to be nominated by the State Government, on the recommendation of the Director, of whom four shall be representing [the archival] interests and four archaeological interests.

      Member

    (2) The Board may associate with itself for any particular purpose or area such number of Expert Co-opted Members not exceeding ten and such number of Associate Members not exceeding ten, as the Board may deem fit to appoint.

    46. Terms of office of members. - (1) The term of office of the members of the Board nominated under clause (c) of sub-rule (1) of the last preceding rule shall ordinarily be three years extensible by order of the State Government to a term not exceeding in the aggregate five years.

    (2) An Expert Co-opted Member appointed by the Board shall hold office for one year or till the next annual meeting of the Board, whichever is earlier, and be eligible for re-appointment.

    (3) An Associated Member appointed by the Board shall hold office till the next annual meeting of the Board, and be eligible for re-appointment.

    (4) Any vacancy of a member of Expert Co-opted Member or Associate Member shall be filled as early as practicable by the [Board] but any person nominated or appointed to fill up the vacancy shall hold office for the unexpired period of office of the person in whose place he is nominated, or appointed, as the case may be.

    47. Appointment of Assistant Secretaries. - The Director may nominate, [from amongst the members] of his staff, two persons to function as the Assistant Secretaries of the Board, one representing the Archives and the other the Archaeology Department.

    48. Meetings of Board. - (1) The Board shall hold its annual meeting in November or December at a place and time decided at the last such meeting and if no such place and time are fixed or they are found inconvenient by the President at such other place or time as the President may decide :

    Provided that, the first meeting of the Board after its constitution shall be held within two months from the date of its constitution at such place and time as the President may decide.

    (2) The Board may hold such other meetings at such places and times for disposal of any urgent matter as the President may decide.

    (3) Every meeting of (he Board shall be presided over by the President and his absence by such one of the Members present as may be chosen by the meeting to be the chairman for the occasion.

    [(4) No business shall be transacted at any meeting of the Board unless at least three members thereof are present from the beginning to the end of such meeting :

    Provided that, no quorum shall be necessary for the transaction of business at any adjourned meeting :

    Provided further that, no business which was not on the agenda of the original meeting shall be brought before such adjourned meeting.]

    49. Travelling allowance to members. - The members of the Board nominated under clause (c) of sub-rule (1) of rule 45, the Expert Co-opted Members and the Associated Members shall be entitled to payment of travelling allowance in accordance with scale I in rule 1(i)(b) in section 1 of Appendix XLII-A of the Bombay Civil Services Rules, 1959, Volume II, for journeys performed by them to attend any meeting of the Board or to discharge any functions entrusted to them by the Board.

    Chapter IX

    Miscellaneous

    50. Manner of preferring an appeal. - (1) [Every appeal to the State Government under the Act or under these rules shall be preferred in Form XI within one month from the date of receipt of the order appealed against:

    Provided that, the time required for obtaining copies of the order appealed against shall be excluded in computing the period of one month.]

    (2) Every such appeal shall be accompanied by a copy of the order appealed against.

    51. Service of orders and notices. - Every order or notice made or issued under the Act or under these rules shall -

    (a) in the case of any order or notice of a general nature or affecting a class of persons, be published in the Official Gazette; and

    (b) in the case of any order or notice affecting a corporation or firm, be served in the manner provided for the service of summons in rule 2 of Order XXIX or rule 3 of Order XXX, as the case may be, in the First Schedule to the Code of Civil Procedure, 1908; and

    (c) in the case of any order or notice affecting an individual person, be served on such persons:-

    (i) by delivering or tendering it to the persons concerned; or

    (ii) if it cannot be so delivered or tendered, [by delivering or tendering] it to any adult member of the family of such person [or by affixing a copy] thereof on the outer door or some conspicuous part of the premises in which that persons is known to have last resided or carried on business or personally worked for gain; or

    (iii) by sending it by registered post, acknowledgement due.

    First Schedule

    (Vide rule 5)

    Hours during which the following protected monuments or parts thereof will remain open

    Sr. No.

    District

    Locality

    Name of Monument

    Part of monument which shall remain open during hours other than from sunrise to sunset

    Hours of opening

    (1)

    (2)

    (3)

    (4)

    (5)

    (6)










    Second Schedule

    (Vide rule 6)

    Protected monuments or parts thereof entry into which can be had only on payment of fee

    Sr. No.

    District

    Locality

    Name of Monument

    Part of monument which shall remain open during hours other than from sunrise to sunset

    (1)

    (2)

    (3)

    (4)

    (5)








    Third Schedule

    Form 1

    (Vide rule 10)

    Application for permission for construction/mining operation within a protected area

    1.

    [Name and address of applicant.]



    2.

    Name of the protected area within which construction/mining operation is proposed to be carried on.

    Locality

    District

    3.

    Nature and details of the proposed construction /mining operation in respect of which permission is sought. (In the case of construction, a site-plan in triplicate showing in red outline the location of the building in relation to the protected area and the plan and elevation of the building should be attached; and the colour, external appearance and method of the screening of the building and the depth down to which the soil will be excavated for the appurtenances of the building should be specified.




    In case of mining operation, a site-plan in triplicate showing red outline the extent of the operation in relation to the protected area should be attached; and details regarding the depth down to which the operation is to be carried out, the mode of the operation, the method of the muffling of sound, the kind and charge of blasting material and the depth and number of blast-holes to be fired at a time should be specified.)



    4.

    Purpose of the proposed construction/mining operation.



    5.

    Approximate duration and date of commencement of the proposed construction mining operation.



    I declare that the above information is correct. I also undertake to observe the provisions of the Maharashtra Ancient Monuments and Archaeological Sites and Remains Act, 1960 and the rules made thereunder.

    1.JPG





    [Signature of the Applicant]

    Station:

    Date:

    Form II

    (Vide rule 12)

    Application for licence to excavate in a protected area

    1.

    [Name and address of applicant.]



    2.

    Name of the site.

    Locality

    District

    3.

    Extent of the proposed excavation (a plan of the site in triplicate showing in red outline the extent of the proposed excavation should be attached.)



    4.

    Approximate duration and date of commencement of the proposed excavation.



    5.

    Approximate expenditure on the proposed excavation.



    6.

    Name and status of (he director of the proposed excavation.



    7.

    Details of photographic surveying and other equipments available for the proposed excavation.



    I declare that the above information is correct. I also undertake to observe the provisions of the Maharashtra Ancient Monuments and Archaeological Sites and Remains Act, 1960 and the rules made thereunder.

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    Station :

    Date :

    [Signature of the applicant]

    Form III

    (Vide rule 13)

    Licence for excavation in a protected area

    Whereas ......... has applied for a licence for carrying out excavation operations in the protected area known as at district and has undertaken to observe the provisions of the Maharashtra Ancient Monuments and Archaeological Sites and Remains Act, 1960 and the rules made thereunder and has further deposited the sum of Rs. ............................................... (Rupees ...............................only) as security required by the rules.

    I, ............................ Director of Archives and Historical Monuments, do hereby grant this licence under sub-rule (1) of rule 13 of the said rules to the said .................. to carry out excavation operations in the area indicated in red outline on the plan attached hereto.

    The licence is granted subject to provisions of the said Act and rules and is further subject to the condition that .............. of ............. shall be the director of excavation.

    The licence is not transferable. It shall be valid for ........................ commencing with ................ day of ................ 19 ..........

    1.JPG

    Station

    Date:

    Signature of the Director of
    Archives and Historical Monuments

    Form IV

    (Vide rule 16)

    Report on antiquities excavated in a protected area

    Name of site .............................................................................

    Locality ......................................................................................

    District .......................................................................................

    Report for the period from ..................... 19 to .................. 19

    Sl. No.

    Class of Antiquities

    Material

    [Number of Antiquities]

    Approximate age

    Remarks

    Complete

    Fragmentary











    Station:

    Date:

    Signature of the licensee.

    Form V

    (Vide rule 24)

    [Report of Archaeological Officer or Licensee] on antiquities excavated

    Name of site .............................................................................

    Locality ......................................................................................

    District .......................................................................................

    Report for the period from ..................... 19 to .................. 19

    Sl. No.

    Class of Antiquities

    Material

    [Number of Antiquities]

    Approximate age

    Remarks

    Complete

    Fragmentary











    Station:

    Date:

    Signature of the Archaeological
    Officer.

    Form VI

    (Vide rule 25)

    Application for the moving of antiquities

    1.

    [Name and address of applicant.]



    2.

    Name of the place from which antiquities are to be moved.

    Locality

    District

    3.

    Description of antiquities proposed to be moved.




    (Photographs showing details of the antiquities should be attached.)



    4.

    Approximate date of the moving.



    5.

    Purpose of the moving.



    6.

    Whether the antiquities or any of them are objects of worship.



    I declare that the above information is correct.

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    [Signature of the Applicant]

    Station :

    Date :

    Form VII

    [Vide rule 29]

    Application for licence for Mining Operation/Construction [near or adjoining protected monuments]

    1.

    [Name and address of applicant.]



    2.

    Name of the monument near or adjoining which the operations of construction is to be carried out.

    Locality

    District

    3.

    Nature and details of the proposed mining operation/construction in respect of which the licence is required.

    Locality

    District


    (In the case of mining operation, a site-plan in triplicate showing in red outline the extent of the operation in relation to the monument should be attached; and the details regarding the depth down to which the operation is to be carried out, the mode of the operation, the method of the muffling of sound, the kind and charge of blasting material and the depth and number of blast-holes to be fired at a time should be specified.




    In the case of construction, a site-plan in triplicate showing in red outline the location of the building in relation to the monument and the plan and elevation of the building should be attached; and the colour, external appearance and method of the screening of the building and the depth down to which the soil will be excavated for the appurtenances of the building should be specified.)



    4.

    Purpose of the proposed mining operation /construction.



    5.

    Approximate duration and date of commencement of the proposed mining operation /construction.



    I declare that the above information is correct. I also undertake to observe the provisions of the Maharashtra Ancient Monuments Archaeological Sites and Remains Act, 1960 and the rules made thereunder.

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    [Signature of the applicant]

    Station :

    Date :

    Form VIII

    [Vide rule 39]

    Licence for mining operation/construction

    Whereas...............of...........has applied for a licence for............in the area near or adjoining .................at ........... District ...........; and has undertaken to observe the provisions of the Maharashtra Ancient Monuments and Archaeological Sites and Remains Act, 1960 and the rules made thereunder.

    I,........................ Director of Archives and Historical Monuments, do hereby grant this licence under sub-rule (1) of rule 30 of the said rules to the said ........... for ...........in the area indicated in red outline on the plan attached hereto.

    The licence is granted subject to the provisions of the said Act and rules and is further subject to the following conditions, namely The licence is not transferable.

    It shall be valid for ..............commencing with day of..........19

    1.JPG


    Station:
    Date:


    Signature of the Director of
    Archives and Historical Monuments

    Form IX

    [Vide rule 39]

    Application for licence of filming operation at a protected monument

    1.

    [Name and address of applicant.]



    2.

    Name of the monument at which the proposed filming operation is to be carried out.

    Locality

    District

    3.

    Part of the monument proposed to be filmed.



    4.

    Nature and purpose of the proposed filming operation and the context in which the monument is proposed to be filmed (relevant extract of the script should be attached in triplicate and details of the scenes to be filmed should be furnished in triplicate).



    5.

    Number of persons in the cast.



    6.

    Approximate duration and date of commencement of proposed filming operation.



    I declare that the above information is correct. I also undertake to observe the provisions of the Maharashtra Ancient Monuments and Archaeological Sites and Remains Act, 1960 and the rules made thereunder.

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    Station:
    Date:


    [Signature of the Director of applicant]

    Form X

    (Vide rule 40)

    Licence for filming operation at a protected monument

    Whereas...............of.............has applied for a licence for filming operation at the protected monument known as ..................... located at District.............and has undertaken to observe the provisions of the Maharashtra Ancient Monuments and Archaeological Sites and Remains Act, 1960, and the rules made thereunder.

    I, ................, Director of Archives and Historical Monuments, do hereby grant this licence under rule 40 of the said rules to the said for the carrying out of filming operation, as per script and details of scenes attached hereto, in the following parts of the monuments, namely:-

    The licence is granted subject to the provisions of the said Act and Rules and is further subject to the following conditions, namely

    The licence is not transferable. It shall be valid for................commencing with day of.................19.

    1.JPG


    Station:
    Date:


    Signature of the Director of
    Archives and Historical Monuments

    [Form XI]

    (Vide rule 40)

    Form of Appeal

    1. Name and Address of the appellant.

    2. Number and date of the order appealed against.

    3. Authority issuing the order.

    4. Date of receipt of the order by the appellant.

    5. Grounds on which the appeal is preferred

    Signature of the Applicant

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