Ancient Monuments and Archaeological Sites and Remains Rules, 1959
S.O. 2306, dated 15th October, 1959.-- In exercise of the powers, conferred by Section 38 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), the Central Government hereby makes the following rules;
CHAPTER I
1. Short title, extent and commencement.--
(1) These rules may be called the Ancient Monuments and Archaeological Sites and Remains Rules, 1959.
(2) They extend to the whole of India, but rules 24, 25, 27, 28, 29 and 30 shall not apply to the State of Jammu and Kashmir.
(3) They shall come into force on the 15th day of October, 1959.
2. Definitions.
In these rules, unless the context otherwise requires,--
(a) "construction" of any structure includes additions to or alterations of an existing building;
(b) "copying", together with its grammatical variations and cognate expressions, means the preparation of copies by drawing or by photography 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 arrangement;
(c) "filming', together with its grammatical variations and cognate expressions, means the preparation of a cinematographic film with the 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;
(d) "form" means a form set out in the Third Schedule;
(e) "mining operation" means by operation for the purpose of searching for or obtaining minerals and includes quarrying, excavating, blasting and any operation of a like nature;
(f) "prohibited area" or "regulated area" means an area near or adjoining a protected monument which the Central Government has, by notification in the Official Gazette, declared to be a prohibited area, or, as the case may be, a regulated area, for purposes of mining operation or construction or both;
(g) "Schedule" means a Schedule to these rules; and
(h) "section" means a section of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958).
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 Central 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. Parts of monuments not open.
The Director General may, by order, direct that 2[any protected monument or any specified part thereof] shall not be open, permanently or for a specified period, to any person other than an archaeological officer, his agents, subordinates and workmen and any other Government servant on duty at such port.
5. Monuments when kept open.
(1) The protected monuments specified in the First Schedule shall remain open during the hours specified against them in that Schedule; protected monuments which are not so specified and to which neither rule 3 nor rule 4 applied 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.
3[6. Entrance fee-- No person above the age of 15 years shall enter into a protected monument or part thereof--
(a) specified as category 'A' monuments in Part 1 of the Second Schedule, except on payment of fees as under:--
4[(i) Citizens of India and visitors of SAARC (Bangladesh, Nepal, Bhutan, Sri Lanka, Pakistan, Maldives and Afghanistan) and BIMSTEC Countries (Bangladesh, Nepal, Bhutan, Sri Lanka, Thailand and Myanmar). -- Rs. 10 per head]
(ii) others................. Rs. 250/-per head
(b) specified as category 'B' monuments in Part II of the Second Schedule, except on payment of fees as under:--
5[(i) Citizens of India and visitors of SAARC (Bangladesh, Nepal, Bhutan, Sri Lanka, Pakistan, Maldives and Afghanistan) and BIMSTEC Countries (Bangladesh, Nepal, Bhutan, Sri Lanka, Thailand and Myanmar). -- Rs. 5 per head]
(ii) others...............Rs. 100/- per head]
7. Holding of meetings, etc. in monuments.
(1) No protected monuments 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 Central 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.
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; or
1[hawk or sell any goods or wares or canvas any custom for such goods or wares or display any advertisement in any form or show a visitor round 6[***] for monetary consideration, except under the authority of, or under, and in accordance with the conditions of, a licence granted by an archaeological officer;]
(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 to be kept open, or
(ii) unlawfully enters any protected monument in respect of which an order has been made under rule 5, or
(iii) contravenes any of the provisions of rule 6 or rule 7 or rule 8, shall be punishable with fine which may be extended to five hundred rupees.
Footnotes:
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Substituted by S.O. 3520, dated 20.11.1966.
1A. Vide S.O. 935, dated 16.02.1971.
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Substituted by G.S.R. 800(E), dated 18.10.2001, for any specified part of a protected monument (w.e.f. 28.10.2000)
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Substituted by the Ancient Monuments and Archaeological Sites and Remains (Amendment) Rules, 2008 vide Notification No. G.S.R. 37(E) dated 15.01.2008
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Substituted by Ancient Monuments and Archaeological Sites and Remains (Amendment) Rules, 2008 vide G.S.R. 164 (E) dated 05.03.08 for the following
(i) citizens of India......Rs. 10/-per head
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Substituted by Ancient Monuments and Archaeological Sites and Remains (Amendment) Rules, 2008 vide G.S.R. 164 (E) dated 05.03.08 for the following
"(i) citizens of India......Rs. 5/-per head"
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Omitted by the Ancient Monuments and Archaeological Sites and Remains (Amendment) Rules, 2011 vide Notification No.
GSR37(E) dated 18.01.2012 for the following:- "or take his photographs" construction and OTHER operations in protected area
10. Permission required for construction, etc.--
(1) No person shall undertake any construction or mining operation with a protected area except under and in accordance with a permission granted in this behalf by the Central Government.
(2) Every application for permission under sub-rule (1) shall be made to the Central Government in Form I at least three months before the date of commencement of the construction or operation.
11. Licence required for excavation.--
No person other than an archaeological officer or an officer authorised by him in this behalf shall undertake any excavation 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 licence.--
Every application for licence shall be in Form II and be made to the Director General at least three months before the proposed date of the commencement of the excavation operations.
13. Grant or refusal of licence.--
(1) On receipt of an application under rule 12, the Director General 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 appllicant:
Provided that no licence shall be granted unless the applicant has furnished security of such amount not exceeding rupees ten thousand as the Director General may, having regard to the circumstances of each case, require.
(2) The Director-General, by order may, for reasons to be recorded in writing refuse to grant a licence in any particular case.
14. Period of licence.--
Every licence shall be in force for such period not exceeding three years as may be specified in the licence:
Provided that the Director General 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 General 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 the 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 to make...
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