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Tripura · 1997 · Bare Act

Tripura Archaeological Act 1997

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The Tripura Ancient Monuments and Archaeological Sites and Remains Act,
1997

Act 2 of 1997

Keyword(s):
Ancient Monument, Archaeological, Antiquity, Monument, Prohibited Area,
Protected Area, State Archaeological Officer

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Short title,
extent &
commencement

Definitions.

Tripura Act No. 2 of 1997

THE TRIPURA ANCIENT MONUMENTS AND
ARCHAEOLOGICAL SITES AND REMAINS ACT, 1997

An
Act

for the preservation of ancient and historical monuments and archaeological
sites and remains, for the excavation of archaeological sites and for the
protection of antiquities in Tripura other than those declared by or under
law made by the Parliament to be of national importance.

Be it enacted by the Legislative Assembly of Tripura in the forty
seventh year of the Republic of India as follows :-

CHAPTER I
Preliminary

1. ( 1) This Act may be called the Tripura Ancient Monuments and
Archaeological Sites and Remains Act, 1997.

(2) It extends to the whole of Tripura.

(3) It shall come into force on such date as the State Govt. may, by
notification in the Official Gazette, appoint.

2. In this Act, unless the context otherwise requires.

(a) '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 which
has been in existence for not less than seventy five years,
and includes ...

(i) the remains of an ancient monument.

(ii) the site of an ancient monument.

(iii) such portion of land adjoining the site of an ancient or
otherwise preserving such monument, and

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Tripura Act N0. 2 of 1997

THE TRIPURA ANCIENT MONUMENTS AND
ARCHAEOLOGICAL SITES AND REMAINS ACT, 1997

An
Act

Be it enacted by the Legislative Assembly of Tripura in the forty
seventh year of the Republic of India as follows :--

CHAPTER I
Preliminary

Short title, 1. (l) This Act may be called the Tripura Ancient Monuments and
°X“’"' 8* Archaeological Sites and Remains Act, 1997.
colmnencement

(2) It extends to the whole of Tripura.

(3) It shall come into force on such date as the State Govt. may, by
notification in the Official Gazette, appoint.

D@fi"ili0nS- 2. In this Act, unless the context otherwise requires.

(a) ‘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 which
has been in existence for not less than seventy five years,
and includes...

(i) the remains of an ancient monument.

(ii) the site of an ancient monument.

(iii) such portion of land adjoining the site of an ancient or
otherwise preserving such monument, and

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(iv) the means of access to, and convenient inspection of, an
ancient monument.

(b) 'Archaeological site and remain' means any area which
contains or is reasonably believed to contain ruins or
relics of historical or archaeological importance which have
been in existence for not less than seventy five years and
includes ...

(i) such portion of land adjoining the area as 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,

(i) any coin , sculpture, manuscript, epigraph, or other work
of art of craftsmanship.

(ii) any mticle, object or thing illustrative of science, rut, literature,
religion, customs, morals or politics in bygone ages.

(iii) any article, object or thing of historical interest, and

(iv) any article, object or thing declared by the State Govt. , by
notification in the Official Gazette, to be an antiquity for
the purposes of this Act, which has been in existence for
not less than seventy five years.

(d) 'Collector' means the Collector of a District.

(e) 'Construction' means the construction of any structure and
includes addition to or alternations of an existing building.

(f) 'Land' includes a revenue-free estate and a permanent
transferable tenure whether such an estate-tenure be subject
to incumbrances or not.

(g) 'Maintain' with its Grammatical variations and cognate
expressions include the fencing, covering in, repairing,

682

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(iv)

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(ii)

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(g)

ii)

the means of access to, and convenientinspection of, an
ancient monument.

‘Archaeological site and remain’ means any area which
contains or is reasonably believed to contain ruins or
relics of historical or archaeological importance which have
been in existence for not less than seventy five years and
includes

such portion of land adjoining the area as may be required
for fencing or covering in or otherwise preserving it, and

the means of access to, and convenient inspection of, the area,

Antiquity‘ includes ...... ..

any coin, sculpture, manuscript, epigraph, or other work
of art of craftsmanship.

any article, object or thing illustrative of science, art, literature,
religion, customs, morals or politics in bygone ages.

any article, object or thing of historical interest, and

any article, object or thing declared by the State Govt., by
notification in the Official Gazette, to be an antiquity for
the purposes of this Act, which has been in existence for
not less than seventy five years.

'Collector' means the Collector of a District.

‘Construction’ means the construction of any structure and
includes addition to or alternations of an existing building.

‘Land’ includes a revenue-free estate and a permanent
transferable tenure whether such an estate-tenure be subject
to incumbrances or not.

'Maintain‘ with its Grammatical variations and cognate
expressions include the fencing, covering in, repairing,

682

restoring, and cleaning of a protected monument, and the
doingof any act which may be necessary for the purpose of
preserving a protected monument or of 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 success
or-in-title of any such owner, and

(ii) any management or trustee exerctsmg powers of

management and the successor-in-office of any such
management or trustee.

(i) 'Prescribed' means prescribed by rules made under this Act.

(j) 'Protected monument' means an ancient monument,

archaeological sites or remain which may be declared to

be of historical importance by or under this Act.

(k) 'Prohibited area' means an area near or adjoining a

protected monument which the State Government has,
by notification in the official gazette, declared to be a
prohibited area by or under this Act.

(1) 'Protected area' means any archaeological site and remains

which is declared to be of historical or archaeological

importance by or under this Act.

(m) 'State Archaeological Officer' means an Officer of the
Department of Education of the Government of Tripura
and includes any officer associated with works related to

Archaeological Unit and Govt. Museum as may be
authorised by the State Government to perform the
duties of the State Archaeological officer.

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restoring, and cleaning of a protected monument, and the
doingof any act which may be necessary for the purpose of
preserving a protected monument or of securing convenient
access thereto.

(h) ‘Owner’ includes ......... ..

(i) ajoint owner invested with powers of management on
behalf of himself and other joint-owners and the success-
or-in-title of any such owner, and

j (ii) any management or trustee exercising powers of

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management and the successor-in-office of any such
management or trustee.

(i) ‘Prescribed’ means prescribed by rules made under this Act.

(j) ‘Protected monument’ means an ancient monument,
archaeological sites or remain which may be declared to
be of historical importance by or under this Act.

(k) ‘Prohibited area‘ means an area near or adjoining a
protected monument which the State Government has.
by notification in the official gazette, declared to be a
prohibited area by or under this Act.

j (1) 'Protected area‘ means any archaeological site and remains
which is declared to be of historical or archaeological
importance by or under this Act.

m) ‘State Archaeological Officer‘ means an Officer of the
Department of Education of the Government of Tripura
and includes any officer associated with works related to
Archaeological Unit and Govt. Museum as may be
authorised by the State Government to perform the
duties of the State Archaeological officer.

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CHAPTER II
Protected Monument

3. (l) The State Government may, by notification in the Official
Gazette, declare an ancient monument or archaeological site or remains
to be a protected monument for historical importance within the meaning
of this Act.

(2) A copy of every notification published under sub-section (1)
shall be fixed up in a conspicuous place on or near the monument together
with an intimation that any objection to the issue of the notification received
by the State Government within one month from the date when it is so
fixed will be taken into consideration.

(3) On the expiry of the said period of one month , the State
Government, after considering the objections, if any, shall confirm or
withdraw the notification.

(4) A notification published under this Act shall, unless and until
it is withdrawn, be conclusive evidence of the fact that the monument to
which it is related is an ancient monument within the meaning of this Act.

4. ( l) The State Archaeological Officer, with the sanction of the State
Government, may purchase, or take a lease of, or accept a gift or be-quest
of any protected monument or archaeological site and remains.

(2) When a protected monument or archaeological site and remains
is without an owner, the State Archaeological Officer may, by notification
in the official Gazette, assume the guardianship of the monument or
archaeological site and remains.

(3) The owner of any protected monument or archaeological site
and remains may, by written instrument, constitute the State Archaeological
Officer the guardian of the monument or archaeological site and remains,
and the State Archaeological Officer may, with the sanction of the State
Government, accept such guardianship.

(4) When the State Archaeological Officer has accepted the
guardianship of a monument under sub-section (3) the owner shall, except
as expressly provided in this Act, have the same estate, right, title

684

Declaration
of protected
monument,

Acquisition
of right or
guardianship
over protected
monument.

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CHAPTER II
Protected Monument

(3) On the expiry of the said period of one month , the State
Government, after considering the objections, if any, shall confirm or
withdraw the notification.

4. (l) The State Archaeological Officer, with the sanction of the State
Government, may purchase, or take a lease of, or accept a gift or be-quest
of any protected monument or archaeological site and remains.

684

Declaration
ofprotected
monument,

Acquisition
of right or
guardianship
over protected
monument.

Agreement for
preservation
of ancient
monwnent

and interest to and in the monument or archaeological site and remains as
if the State Archaeological Officer had not been constituted guardian thereof.

(5) When the StateArchaeological Officer has accepted the
guardianship of a monument site and remains under sub-section (3), the
provisions of this Act relating to agreements executed under Section 5
shall apply to the instrument executed under the said sub-section.

5. (l) The Collector, when so directed by the State Govt. , shall propose
to the owner of a protected monument or archaeological site and remains
to enter into an agreement with the State Government, within a specified
period for the maintenance of the monument or archaeological site and
remains in his district

(2) An agreement under this Section may, provide for all or any of
the following matters namely :

(a) the maintenance of the monument or archaeological
site and remains ;

(b) the custody of the monument or archaeological site and
remains and the duties of any person who may be
employed to watch it;

(i) to use monument for any purpose,

(ii ) to charge any fee for entry into, or inspection of the
monument or archaeological site and remains,

(iii) to destroy, remove, alter or deface the monument or
archaeological site remains,

(iv) to build on or near the site of the monument _or
archaeological si te and remains,

(d) the facilities of access to be permitted to the public or
any section thereof or to the State Archaeological

685

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Agreement for
preservation
of ancient
monument

and interest to and in the monument or archaeological site and remains as
if the State Archaeological Officer had not been constituted guardian thereof.

5. (l) The Collector, when so directed by the State Govt., shall propose
to the owner of a protected monument or archaeological site and remains
to enter into an agreement with the State Government, within a specified
period for the maintenance of the monument or archaeological site and
remains in his district

(2) An agreement under this Section may, provide for all or any of
the following matters namely :

(a) the maintenance of the monument or archaeological
site and remains ;

(b) the custody of the monument or archaeological site and
remains and the duties of any person who may be
employed to watch it ;

(i) to use monument for any purpose,

(ii) to charge any fee for entry into, or inspection of the
monument or archaeological site and remains,

(iii) to destroy, remove, alter or deface the monument or
archaeological site remains,

(iv) to build on or near the site of the monument_or
archaeological site and remains.

(d) the facilities of access to be permitted to the public or
any section thereof or to the State Archaeological

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Officer or to persons deputed by the owner or the State
Archaeological Officer or the Collector to inspect or maintain
the monument or archaeological site and remains ;

(e) the notice to be given to the State Government in case
the land on which the monument or archaeological site
and remains is situated or any adjoining land is offered
for sale by the owner and the right to be reserved to the
State Government to purchase such land, or any specified
portion of such land :

(f) the payment of any expenses incurred by the owner or by
the State Government in connection with the maintenance
of the monument or archaeological site and remains ;

(g) the proprietary or other rights which are to vest in the State
Government in respect of the monument or archaeological
site and remains when any expenses are incurred by the
State Government in connection with the maintenance
of the monument or archaeological site and remains ;

(h) the appointment of an authority to decide any dispute
arising out of the agreement ; and

(i) any matter connected with the preservation of the monument
or archaeological site and remains which is a proper
subject of agreement between the owner and the State
Government.

(3) The State Government or the owner may at any time after the
expiration of three years from the date of execution of an agreement under
this Section terminate it on giving six month's notice in writing to the other
party.

Provided that where the agreement is terminated by the owner, he
shall pay to the State Government the expenses, if any, incurred by it on the
maintenance of the monument or archaeological site and remains, during
the five years immediately preceding the termination of the agreement or, if
the agreement has been in force for a shorter period, during the period the
agreement was in force.

686

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Officer or to persons deputed by the owner or the State
Archaeological Officer or the Collector to inspect or maintain
the monument or archaeological site and remains ;

(e) the notice to be given to the State Government in case
the land on which the monument or archaeological site
and remains is situated or any adjoining land is offered
for sale by the owner and the right to be reserved to the
State Govemment to purchase such land, or any specified
portion of such land ;

(t) the payment of any expenses incurred by the owner or by
the State Government in connection with the maintenance
of the monument or archaeological site and remains ;

(h) the appointment of an authority to decide any dispute
arising out of the agreement ; and

(i) any matter connected with the preservation of the monument
or archaeological site and remains which is a proper
subject of agreement between the owner and the State
Government.

686

Legally
competent
person to act
on behalf of
person under
disability.

Suit for
proper appli
cation of the
maintenance
of monwnent.

Failure to
enter into
agreement.

( 4) Any agreement under this Section shall be binding on any person
claiming to be the owner of the monument or archaeological site and
remains, to which it relates, from, through or under a party by whom or on
whose behalf the agreement was executed.

6. (1) If the owner of a protected monument or archaeological site and
remains is unable, by reason of infancy or other disability, to act for himself,
the person legally competent to act on his behalf may exercise the powers
conferred upon an owner by Section 5.

(2) In the case of village property, the head man or other village
officers exercising powers of management over such property may exercise
the powers confen·ed upon an owner by Section 5.

(3) Nothing in the Section shall be deemed to empower any person
not being of the same religion as the person on whose behalf he is acting to
make or execute an agreement relating to a protected monument or
archaeological.site and remains which or any part of which is periodically
used for religious worship or observations of that religion.

7. (I) If any owner other person competent to enter into an agreement
under Section 5 for the maintenance of a protected monument or archaeological
site and remains, refuses or fails to enter such an agreement, and if any
endowment has been created for the purpose of keeping such monument or
archaeological site and remains in repair the State Govt. may institute a suit
in the court of the District Judge for the proper application of such endowment
or part thereof.

(2) On the hearing of an application under sub-section (I), the District
Jundge may summon .and examine the owner and any person whose
evidence appears to him necessary and may pass an order for the proper
application of the endowment or any part thereof, and any such order may b~
executed as if it were a decree of the civil court.

8. ( 1) If any owner or other person competent to enter into an agreement
under Section 5 for the maintenance of a protected monument or archaelogical
site and remains refuses or fails to enter into such an agreement, the State
Government may make an order providing for all or any of the matters specified
in sub-section (2) of Section (5) and such order shall be binding on the owner
or such other person and on every person claiming title to the monument or
archaeological site and remains from, through or under, the owner or such
other person. ·

687

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Legally
competent
person to act
on behalf of
person under
disability.

Suit for
proper appli-
cation of the
maintenance
of monument.

Failure to
enter into
agreement.

(4) Any agreement under this Section shall be binding on any person
claiming to be the owner of the monument or archaeological site and
remains, to which it relates, from, through or under a party by whom or on
whose behalf the agreement was executed.

6. (1) If the owner of a protected monument or archaeological site and
remains is unable, by reason ofinfancy or other disability, to act for himself,
the person legally competent to act on his behalf may exercise the powers
conferred upon an owner by Section 5.

(2) In the case of village property, the head man or other village
officers exercising powers of management over such property may exercise
the powers conferred upon an owner by Section 5.

(3) Nothing in the Section shall be deemed to empower any person
not being of the same religion as the person on whose behalf he is acting to
make or execute an agreement relating to a protected monument or
archaeologicalsite and remains which or any part of which is periodically
used for religious worship or observations of that religion.

7. ( l) If any owner other person competent to enter into an agreement
under Section 5 for the maintenance of a protected monument or archaeological
site and remains, refuses or fails to enter such an agreement, and if any
endowment has been created for the purpose of keeping such monument or
archaeological site and remains in repair the State Govt. may institute a suit
in the court of the District Judge for the proper application of such endowment
or part thereof.

(2) On the hearing of an application under sub-section (l), the District
Jundge may summon _and examine the owner and any person whose
evidence appears to him necessary and may pass an order for the proper
application of the endowment or any part thereof, and any such order may be
executed as if it were a decree of the civil court.

8. (1) If any owner or other person competent to enter into an agreement
under Section 5 for the maintenance of a protected monument or archaelogical
site and remains refuses or fails to enter into such an agreement, the State
Govemment may make an order providing for all or any of the matters specified
in sub-section (2) of Section (5) and such order shall be binding on the owner
or such other person and on every person claiming title to the monument or
archaeological site and remains from, through or under, the owner or such
other person. 3

687

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(2) Where an order made under sub-section ( l) provides that the
monument or archaeological site and remains shall be maintained by the
owner or other person competent to enter into agreement, all reasonable
expenses for the maintenance of the monument or archaeological site and
remains shall be payable by the State Government.

(3) No order under sub-section (1) shall be made unless the owner
or other person has been given an opportunity of making a representation in
writing against the proposed order.

9. (1) Jf the State Archaeological Officer apprehends that the owner Power to prohibit

or occupier of a protected monument or archaeological site and remains contravention of

intends to destroy, remove, alter, deface, imperil or use the monument or agreement.

archaeological site and remains or to build on or near the site thereof in
contravention of the terms of an agreement under Section 5, the State
Archaeological Officer may, after giving the owner or occupier an opportunity
of making a representation in writing, make an order prohibiting any such
contravention of the agreement.

Provided that no such opportunity may be given in case where the
State Archaeological officer, for reasons to be recorded, is satisfied that it is
not expedient or practicable to do so.

(2) Any person aggrieved by an order under'this Section may
appeal to the State Government within such time and in such manner as
may be prescribed and the decision of the State Govt. shall be final.

10. ( 1) If any owner or other person who is bound by an agreement for Enforcement of

the maintenance of a monument or archaeological site and remains under agreement,

Section 5, refuses or fails within such reasonable time as the State Archaeo-
logical Officer may fix, to do any act which in the opinion of the State
Archaeological Officer is necessary for the maintenance of the monument
or archaeological site and remains, the State Archaeological Officer may
authorise any person to do any such act, and the owner or other person shall
be liable to pay the expenses of doing any such act or such portion of the
expenses as the owner may be liable to pay under the agreement.

(2) If any dispute arises regarding the amount of expenses payable
by the owner or other person under sub-section ( 1) it shall be referred to the
State Government whose decision shall be final.

688

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(2) Where an order made under sub-section (l) provides that the
monument or archaeological site and remains shall be maintained by the
owner or other person competent to enter into agreement, all reasonable
expenses for the maintenance of the monument or archaeological site and
remains shall be payable by the State Government.

(3) No order under sub-section (l) shall be made unless the owner
or other person has been given an opportunity of making a representation in
writing against the proposed order.

9. (1) If the State Archaeological Officer apprehends that the owner
or occupier of a protected monument or archaeological site and remains
intends to destroy, remove, alter, deface, imperil or use the monument or
archaeological site and remains or to build on or near the site thereof in
contravention of the terms of an agreement under Section S, the State
Archaeological Officer may, after giving the owner or occupier an opportunity
of making a representation in writing, make an order prohibiting any such
contravention of the agreement.

Provided that no such opportunity may be given in case where the
State Archaeological officer, for reasons to be recorded, is satisfied that it is
not expedient or practicable to do so.

(2) Any person aggrieved by an order under'this Section may
appeal to the State Government within such time and in such manner as
may be prescribed and the decision of the State Govt. shall be final.

10. (l) If any owner or other person who is bound by an agreement for
the maintenance of a monument or archaeological site and remains under
Section 5, refuses or fails within such reasonable time as the State Archaeo-
logical Officer may fix, to do any act which in the opinion of the State
Archaeological Officer is necessary for the maintenance of the monument
or archaeological site and remains, the State Archaeological Officer may
authorise any person to do any such act, and the owner or other person shall
be liable to pay the expenses of doing any such act or such portion of the
expenses as the owner may be liable to pay under the agreement.

(2) If any dispute arises regarding the amount of expenses payable
by the owner or other person under sub-section (1) it shall be referred to the
State Government whose decision shall be final.

1 688

Power to prohibit
contravention of
agreement.

Enforcement of
agreement,

.. · .. :

11. Every person who purchases at a sale, for arrears of land revenue or
any other public demand, any land on which is situated a monument or
archaeological site and remains in respect of which any instrument has been
executed by the owner for the time being under Section 4 or Section 5 and
every person claiming title to a monument or archaeological site and
remains from, through or under an owner who executed such an instrument
shall be bound by such an instrument.

12. If the State Government apprehends that a protected monument or
archaeological site and remains in a danger of being destroyed, injured,
misused, or allowed to fall into decay, it may acquire the protected monument
or archaeological site and remains under the provisions of the Land Acqui
sition Act, 1894 (Act 1 of 1894) as the maintenance of the protected
monument or archaeological site and remains were a public purpose within
the meaning of that Act.

13. (1) The State Government shall maintain every monument or
archaeological site and remains which has been acquired under Section 12

or in respect of which any of the rights mentioned in Section 4 have been
acquired.

(2) When the State Archaeological Officer has assumed the guardi
anship of a monument or archaeological site and remains under Section 4,
he shall, for the purpose of maintaining such monument or archaeological
site and remains have access to the monument or archaeological site and
remains at all reasonable times, by himself and by hi s agents, subordinates
and workmen, for the purpose of inspecting the monument, or archaeological
site and remains and for the purpose of bringing such materials and doing
such acts as he may consider necessary or desirable for the maintenance
thereof.

CHAPTER III
Voluntary Contributions

Persons claiming
under owner to
be bound by
agreement.

Acquisition
of protected
monument.

Maintenance
of protected
monwnent

14. The State Archaeological Officer may receive voluntary contributions Voluntary

towards the cost of maintaining a protected monument or archaeological contribution

site and remains and may give orders as to the management and application for maintenance
f t. d · db h" of protected o any un s so receive y 1m.

monument.

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444

ll. Every person who purchases at a sale, for arrears of land revenue or
any other public demand, any land on which is situated a monument or
archaeological site and remains in respect of which any instrument has been
executed by the owner for the time being under Section 4 or Section 5 and
every person claiming title to a monument or archaeological site and
remains from, through or under an owner who executed such an instrument
shall be bound by such an instrument.

12. lf the State Government apprehends that a protected monument or
archaeological site and remains in a danger of being destroyed, injured,
misused, or allowed to fall into decay, it may acquire the protected monument
or archaeological site and remains under the provisions of the Land Acqui-
sition Act, l894 (Act l of 1894) as the maintenance of the protected
monument or archaeological site and remains were a public purpose within
the meaning of that Act.

l3. (l) The State Government shall maintain every monument or
archaeological site and remains which has been acquired under Section l2
or in respect of which any of the rights mentioned in Section 4 have been
acquired.

(2) When the State Archaeological Officer has assumed the guardi-
anship of a monument or archaeological site and remains under Section 4,
he shall, for the purpose of maintaining such monument or archaeological
site and remains have access to the monument or archaeological site and
remains at all reasonable times, by himself and by his agents, subordinates
and workmen, for the purpose of inspecting the monument, or archaeological
site and remains and for the purpose of bringing such materials and doing
such acts as he may consider necessary or desirable for the maintenance
thereof.

CHAPTER III
Voluntary Contributions

l4. The State Archaeological Officer may receive voluntary contributions
towards the cost of maintaining a protected monument or archaeological
site and remains and may give orders as to the management and application
of any funds so received by him.

689

Persons claiming
under owner to
be bound by
agreement.

Acquisition
of protected
monument.

Maintenance
of protected
monument

Voluntary
contribution
for maintenance
of protected
monument.

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Protection of
place of worship
from pollution,
misuse, dese
cration etc.

Provided that no contribution received under this Section shall be
applied to any purpose other than the purpose for which it was contributed.

15. (l) A protected monument or archaeological site and remains
maintained by the State Government which is a place of worship or shrine
shall not be used for any purpose inconsistent with its character.

(2) Where the State Government has acquired a protected monument
or archaeological site and remains under Section 12 or where the State
Archaeological Officer has purchased or taken a lease of protected monument
or archaeological site and remains under section 5, and such monument or
archaeological site and remains, or any part thereof is used for religious
worship or observances by any community, the Collector shall make due
provision for the protection of such monument or archaeological site and
remains or part thereof from pollution or desecration-

(i) by prohibiting entry therein, except, in accordance with the
conditions prescribed with the concurrence of persons if
any, in religious charge of the said monument, or archaeo
logical site and remains, or part thereof, of any person not
entitled to enter by the religious usages of the community
by which the monument or archaeological site and remains
or part thereof is used ; or

(ii) by taking such other action as he may think necessary in
this behalf.

Relinquishment 16. With the sanction of the State Government the State Archaeological
of rights. Officer may :

(a) where rights have been acquired by the State Government
in respect of any manument or archaeological site and
remains under this Act by virtue of any sale, lease, gift or
will, relinquish by notification, in the Official Gazette, the
rights so acquired to the person who would for the time
being be the owner of the monument or archaeological
site and remains if such rights had not been acquired ; or

(b) relinquish any guardianship of a monument or archaeo
logical site and remains which he has assumed under this
Act.

699

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Protection of
place of worship
from pollution,
misuse, dese-
cration etc.

Provided that no contribution received under this Section shall be
applied to any purpose other than the purpose for which it was contributed.

15. (1) A protected monument or archaeological site and remains
maintained by the State Government which is a place of worship or shrine
shall not be used for any purpose inconsistent with its character.

(2) Where the State Government has acquired a protected monument
or archaeological site and remains under Section l2 or where the State
Archaeological Officer has purchased or taken a lease of protected monument
or archaeological site and remains under section 5, and such monument or
archaeological site and remains, or any part thereof is used for religious
worship or observances by any community, the Collector shall make due
provision for the protection of such monument or archaeological site and
remains or part thereof from pollution or desecration—

(i) by prohibiting entry therein, except, in accordance with the
conditions prescribed with th e concurrence of persons if
any, in religious charge of the said monument, or archaeo-
logical site and remains, or part thereof, of any person not
entitled to enter by the religious usages of the community
by which the monument or archaeological site and remains
or part thereof is used ; or

(ii) by taking such other action as he may think necessary in
this behalf.

Relinquishment 16. With the sanction of the State Government the State Archaeological
of rights. Officer may :

(b) relinquish any guardianship of amonument or archaeo-
logical site and remains which he has assumed under this
Act.

690

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17. Subject to the rules made under this Act, the public shall have right of Right of access
I . l . d · to protected access to any protected monument or archaeo ogtca stte an remams.

18. An owner or occupier of land who has sustained any loss or damage
by reason of an entry on such land or the exercise of any other power con
ferred by this Act, shall be paid compensation by the State Government for
such loss or damage .

19. The market value of any property which the State Government is
empowered to purchase at such value under this Act, or the compensation
to be paid by the State Govt. in respect of anything done under this Act,
shall, where any dispute arises in respect of such market value or compen
sation, be ascertained in the man.ner provided in the Land Acquisition Act,
1894 (Act 1 of 1894) so far as the provision thereof can be made applicable.

Provided that when making an enquiry under the Land Acquisition
Act, the Collector shall be assisted by two assessors, one of whom shall be
a competent person nominated by the owner, or in case the owner fails to
nominate any assessor within such reasonable time as may be fixed by the
Collector in this behalf, by the Collector.

CHAPTER IV
Archaeological Excavations.

20. The State Archaeological Officer or an officer authorised by him in
this behalf under this Act may, after giving notice in writing to the Collector
and owner, enter upon and make excavations in any protected area.

21. Where the State Archaeological Officer has reason to believe that
any area, not being a protected area, contains remains or ruins or relics of
historical or archaeological importance, he or an officer authorised by him
in this behalf may, after giving notice in writing of the Collector and the
owner, enter upon and make excavation in the area.

22. ( 1) Where, as a result of any excavation made in any area under
Section 20 or Section 21, any antiquities are discovered, the State Archaeo
logical officer shall-

(i) as soon as practicable, examine such antiquities and
submit a report to the State Government in such manner
and containing such particulars as may be prescribed; and

691

monument.

Principles of
compensation.

Assessment of
market value
for compensa
tion.

Excavation in
protected areas.

Excavation in
other areas.

Compulsory
purchase of
antiquities.

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l7. Subject to the rules made under this Act, the public shall have right of
access to any protected monument or archaeological site and remains.

18. An owner or occupier of land who has sustained any loss or damage
by reason of an entry on such land or the exercise of any other power con-
ferred by this Act, shall be paid compensation by the State Government for
such loss or damage. '

19. The market value of any property which the State Government is
empowered to purchase at such value under this Act, or the compensation
to be paid by the State Govt. in respect of anything done under this Act,
shall, where any dispute arises in respect of such market value or compen-
sation, be ascertained in the manner provided in the Land Acquisition Act,
1894 (Act 1 of 1894) so far as the provision thereof can be made applicable.

CHAPTER IV
Archaeological Excavations.

22. (1) Where, as a result of any excavation made in any area under
Section 20 or Section 21, any antiquities are discovered, the State Archaeo-
logical officer shall--—

(i) as soon as practicable, examine such antiquities and
submit a report to the State Government in such manner
and containing such particulars as may be prescribed ; and

691

Right of access
to protected
monument.

Principles of
compensation.

Assessment of
market value
for compensa-
tion.

Excavation in
protected areas.

Excavation in
other areas.

C 0 m p u I s o r y
purchase of
antiquities.

(ii) at the conclusion of the excavation operations, give
notice in writing to the owner of land from which such
antiquities have been discovered, of the nature of such
antiquities.

(2) Until an order for the compulsory purchase of any such antiquities
is made under sub-section (3), the State Archaeological Officer shall keep
them in such safe custody as he may deem fit.

(3) On receipt of a rep011 under sub-section (1), the State Government
may make an order for the compulsory purchase of any such antiquities at
their market value.

( 4) When an order for the compulsory purchase of any antiquities is
made under sub-section (3), such antiquities shall vest in the State Government
with effect from the date of order.

Approval for 23. No State Archaeological Officer shall undertake or authorise any
excavation. person to undertake any excavation or other like operation for archaeological

purposes in any area, which is not a protected area except with the previous
approval of the Central Government and the State Government and in
accordance with such rules or directions, if any, as the Central Government
and the State Government may make or give in this behalf.

CHAPTER V
Protection of Antiquities

Powertocontrol 24. (1) If the State Government considers that any antiquities or class
mo~e~~nt of of antiquities ought not to be moved from the place where they are without
antlqmhes. h · f h S G ·r b .f.. · · h Oft" · I · t e sanct1on o t e tate overnment, 1 may, y not1 JcatJon 111 t e ·· ICJa

Gazette, direct that any such antiquity or any class of such antiquities shall
not be moved except with the written permission of the State Archaeological
Officer.

(2) Every application for permission under sub-section ( 1) shall be
in such form and contain such particulars as may be prescribed.

(3) Any person aggrieved by an order refusing permission may
appeal to the State Government whose decision shall be final.

692

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4
4
4

4
4
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54

44
4

Approval for
excavation.

Power to control
movement of
antiquities.

(ii) at the conclusion of the excavation operations, give
notice in writing to the owner ofland from which such
antiquities have been discovered, of the nature of such
antiquities.

(2) Until an order for the compulsory purchase of any such antiquities
is made under sub-section (3), the State Archaeological Officer shall keep
them in such safe cust.ody as he may deem fit.

(3) On receipt of a report under sub-section (1), the State Govemment
may make an order for the compulsory purchase of any such antiquities at
their market value.

(4) When an order for the compulsory purchase of any antiquities is
made under sub-section (3), such antiquities shall vest in the State Govemment
with effect from the date of order.

23. No State Archaeological Officer shall undertake or authorise any
person to undertake any excavation or other like operation for archaeological
purposes in any area, which is not a protected area except with the previous
approval of the Central Government and the State Government and in
accordance with such rules or directions, if any, as the Central Government
and the State Government may make or give in this behalf.

CHAPTER V
Protection of Antiquities

24. (1) If the State Government considers that any antiquities or class
of antiquities ought not to be moved from the place where they are without
the sanction of the State Government, if may, by notification in the Official
Gazette, direct that any such antiquity or any class of such antiquities shall
not be moved except with the written permission of the State Archaeological
Officer.

(2) Every application for permission under sub-section (1) shall be
in such form and contain such particulars as may be prescribed.

(3) Any person aggrieved by an order refusing permission may
appeal to the State Government whose decision shall be final.

692

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25. ( 1) If the State Government apprehends that any antiquity mentioned
in a notification issued under sub-section ( 1) or Section 24 is in danger of
being destroyed, removed, injured, misused or allowed to fall into decay or
is of opinion that by reason of its historical or archaeological importance, it
is desirable to preserve such antiquity in a public place, the State Government
may make an order for the compulsory purchase of such antiquity at its
market value to be determined in the manner prescribed and the Collector
shall thereupon give notice to the owner of the antiquity to be purchased.

(2) Where a notice of compulsory purchase is issued under sub
section (l) in respect of any antiquity, such antiquity shall vest in the State
Government with effect from the date of the notice.

(3) The power of compulsory purchase given by this Section shall
not extend to any image or symbol actually used for bonafide religious
observances.

26. Whoever-

CHAPTER VI
Miscellaneous

(i) destroys, removes, InJures, alters, defaces, imperils or
misuses a protected monument ; or

(ii) being the owner or occupier of a protected monument,
contravenes an order made under sub-section ( 1) of
Section 8 or under sub-section ( l) of Section 9, shall be
punishable with imprisonment, which may extend to three
months, or with fine which may extend to five thousand
rupees, or with both.

Purchase of
antiquities by
State Govt.

Penalties.

27. No court inferior to that of a Judicial Magistrate of the First Class Jurisdiction of
shall try any offence under this Act. courts to try

offences.

28. Notwithstanding anything contained in the Code of Criminal Procedure, Offences to be
1973 (Act No.2 of 1974) an offence under clause ( 1) of Section 26 shall be cognizable.

a cognizable offence within the meaning of that Code.

29. If the State Government is of opinion that protected monument has Offences to be
ceased to be of historical importance, it may by notification in the Official cognizable.

Gazette, declare that the protected monument has ceased to be of historical
importance for the purpose of this Act.

693

25. ( 1) If the State Government apprehends that any antiquity mentioned
in a notification issued under sub-section (1) or Section 24 is in danger of
being destroyed, removed, injured, misused or allowed to fall into decay or
is of opinion that by reason of its historical or archaeological importance, it
is desirable to preserve such antiquity in a public place, the State Government
may make an‘ order for the compulsory purchase of such antiquity at its
market value to be determined in the manner prescribed and the Collector
shall thereupon give notice to the owner of the antiquity to be purchased.

(2) Where a notice of compulsory purchase is issued under sub-
section (1) in respect of any antiquity, such antiquity shall vest in the State
Government with effect from the date of the notice.

(3) The power of compulsory purchase given by this Section shall
not extend to any image or symbol actually used for bonafide religious
observances.

CHAPTER VI
Miscellaneous

26. Whoever-—

(i) destroys, removes, injures, alters, defaces, imperils or
misuses a protected monument ; or

(ii) being the owner or occupierof a protected monument,
contravenes an order made under sub-section (1) of
Section 8 or under sub-section (1) of Section 9, shall be
punishable with imprisonment, which may extend to three
months, or with fine which may extend to five thousand
rupees, or with both.

27. No court inferior to that of a Judicial Magistrate of the First Class
shall try any offence under this Act.

28. Notwithstanding anything contained in the Code of Criminal Procedure,
1973 (Act No. 2 of 1974) an offence under clause (1) of Section 26 shall be
a cognizable offence within the meaning of that Code.

29. If the State Government is of opinion that protected monument has
ceased to be of historical importance, it may by notification in the Official
Gazette, declare that the protected monument has ceased to be of historical
importance for the purpose of this Act.

693

Purchase of
antiquities by
State Govt.

Penalties.

Jurisdiction of
courts to try
offences.
Offences to be
cognizable.

Offences to be
cognizable.

Powertocorrect 30. Any clerical mistake, patent error arising from accidental slip or
mistakes. omission in the description of any ancient monument or archaeological site

and remains declared to be a protected monument or archaeological site
and remains by or under this Act may, at any time, be corrected by the State
Government by notification in the Official Gazette.

Protection ofac- 31. No suit for compensation and no criminal proceeding shall lie against
ti~ndoneingood any public servant in respect of any act done in good faith or intended to be
fatth. d . h . f c d b h. A one m t e exercise o any power con.erre y t IS ct.

Power to make 32. (1) The State Government may, by notification in the Official
rules. Gazette and subject to the provision of previous publication make rules for

carrying out the purposes of this Act.

(2) All rules made under this Section shall be laid for not less than
fourteen days before the Tripura Legislative Assembly as soon as possible
after they are made, and shall be subject to such modifications as the
Legislative Assembly may make during the session in which they are so laid
or the sessions immediately following.

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694

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P°We"°°°"’e¢t 30. Any clerical mistake, patent error arising from accidental slip or
mistakes‘ omission in the description of any ancient monument or archaeological site

and remains declared to be a protected monument or archaeological site
and remains by or under this Act may, at any time, be corrected by the State
Government by notification in the Official Gazette.

l?1‘°"*¢fi°f1°fa°' 31. No suit for compensation and no criminal proceeding shall lie against
“°"d°“°‘“g°°d any public servant in respect of any act done in good faith or intended to be
f 'th. . . .a‘ done in the exercise of any power conferred by this Act.

Power to make 32. (l) The State Government may, by notification in the Official
"1leS- Gazette and subject to the provision of previous publication make rules for

carrying out the purposes of this Act.

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694

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