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MADHYA PRADESH
NO. 29 OF 1970
THE MADHYA PRADESH ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS (AMENDMENT)
ACT 1970


(Received the assent of the Governor on the 23rd October, 1970)
assent first published in the
"Madhya Pradesh Gazette" (Extraordinary, dated, the 25th October, 1970.)

An Act to amend the Madhya Pradesh Ancient Monuments and Archaeological Sites and Remains Act, 1964.

Be it enacted by the Madhya Pradesh Legislature in the Twentyfirst Year to the Republic of India as follows:-

  1. Short title -
    This Act may be called theMadhya Pradesh Ancient Monuments and Archaeological sites and remains (amendment) Act 1970.
  2. Amendment of section 2-
    In section 2 of the Madhya Pradesh Ancient Monuments and Archaeological Sites and Remains Act, 1964 (No. 12 of 1964), (hereinafter referred to as the Principal Act), for clauses (a), (b) and (c), the following clauses shall be substituted, namely: -
    1. Ancient monument' means any building, structure, erection, monolith or monument or any mound or tumulus or any tomb or place or interment or any cave or any sculpture or inscription on an immovable object which is of historical, archaeological or artistic interest and which has been in existence for not less than hundred years, and includes.
      1. The remains of such monument,
      2. the site of such monument,
      3. Such portion of land adjoining the site of such monument as may be required for fencing or covering in or otherwise preserving the monument, and (iv) the means of access to, and convenient inspection of, such monument;
    2. "antiquity" includes -
      1. any coin, sculpture, manuscript, epigraph or other work of art or craftsmanship;
      2. any article, object or thing detached from a building or cave;
      3. any article, object or thing illustrative of science, art, crafts, literature, religion, customs, morals, or politics in bygone ages;
      4. any article, object or thing of historical interest, and
      5. any article, object or thing which in the opinion of the State Government because of its historical or archaeological, importance is an article, object or thing which it is desirable to preserve declared by the State Government, by notification, to be an antiquity for the purposes of this Act; which has been in existence for not less than hundred years;
    3. "Archaeological site and remains" 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 hundred years, and includes-
      1. such portion of land adjoining the area as may berequired for fencing or covering in or otherwise preserving it; and
      2. the means of access to, and covenient inspection of, the area".
  3. Insertion of new section 23-A and 23-B.-
    After section 23 of the Principal Act, the following sections shall be inserted, namely:-
    Declaration as to any antiquity and intimation regarding transfer or acquisition. "23-A
    1. Every person who owns or is in possession, custody or control of any antiquity prior to the 6th day of June, 1970 shall, within aperiod of six months thereof, make a declaration to the effect to such authority and in such form as may be prescribed.
    2. As from the 6th day of June, 1970, every person who-
      1. intends to sell or transfer any antiquity which is in his possession, custody, or control: or
      2. intends to acquire by purchase or otherwise any antiquity; or
      3. comes in possession, custody or control of any antiquity by purchase gift, inheritance or otherwise; shall give intimation in writing,
        1. Where such person falls undercategory (a) or (b) above ofhis intention to sell or transfer or acquire, as the case may be any such antiquity, and
        2. where such person falls under category (c) above of the fact of his coming in possession, custody or control of any such antiquity to such authority, within such time and such form as may be prescribed.

          23-B Report Regarding loss of antiquity. Every person who owns or is in possession, custody or control of any antiquity shall, in the event of its loss or destruction, give intimation within seven days of the loss or destruction thereof to such authority and in such form as may be prescribed and on his failure to do so it shall, unless the contrary is proved, be presumed that he has disposed of the antiquity in contravention of the provision of section 23-A".
  4. Amendment of section 29.
    For subsection (1) of section 29 of the Principal act, the following sub-section shall be substituted, namely:-
    1. Whoever-
      1. destroys, removes, injures, alters, defaces, imperils or misuses a State protected monument; or
      2. being the owner or occupier of a State protected monument, contravenes an order made under sub-section (1) of section 8 or under sub-section (1) of section 9; or
      3. removes from a State protected monument any sculpture, carving, image, bas-relief, inscription, or other like objects; or
      4. does any act in contravention of subsection (1) of section 19; or
      5. removes any antiquity in contravention of sub-section (1) of section 23; or
      6. (a) fails to make a declaration under sub-section (1) of section 23-A; or
        (b) fails to give intimation under sub-section (2) of section 23-A; or
      7. fails to give intimation under section 23-B; shall,-
        1. in the case of an offence falling under clauses (i), (ii) or (iii) be punishable with imprisonment which may extend to three years and in the absence of special and adequate reasons to be mentioned in the judgement of the court, such imprisonment shall not be less than six months and in addition may be punishable with fine which may extend to ten thousand rupees;
        2. in the case of an offence falling under clauses (iv), (v), (vi) or (vii) be punishable with imprisonment which may extend to three years or with tine which may extend to ten thousand rupees, or with both; and in the case of an offence falling under clause (vi) or (vii) the court may, in addition, order the forfeiture of the antiquity in respect of which offence has been committed".
  5. Amendment of section 37.
    In sub-section (2) of section 37 of the Principal Act, after clause
    (e), the following clauses shall be inserted, namely:-
    "(ee) (i) the authority to which and the form in which declaration shall be made under subsection (1) of section 23A;
    (ii) the authority to which, the time within and the form in which intimation shall be given under sub-section (2) of section 23A;
    (eee) the authority to which and the form in which intimation shall be given under section 23-B"
  6. Repeal.
    The Madhya Pradesh Ancient Monuments and Archaeological Sites and Remains (Amendment) Ordinance, 1970 (No. 5 of 1970), is hereby repealed.