Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com KARNATAKA ANCIENT AND HISTORICAL MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS RULES, 1966 CONTENTS CHAPTER 1 :- CHAPTER 1. Title 2. Definitions CHAPTER 2 :- Access to Protected Monuments 3. Monuments governed by agreement 4. Parts of Monuments not open 5. Holding of meetings, etc., in monuments 6. Prohibition of certain acts within monuments 7. Penalty CHAPTER 3 :- Moving of Antiquities from certain Areas 8. Application for moving antiquities 9. Grant or refusal of permission 10. Appeal CHAPTER 4 :- Mining Operation and Construction near Protected Monuments 11. Notice of intention to declare a prohibited or regulated area 12. Declaration of prohibited or regulated area 13. Effect of declaration of prohibited or regulated area 14. Application for licence 15. Grant or refusal of licence 16. Cancellation of licence 17. Appeal 18. Removal of unauthorised buildings 19. Penalty CHAPTER 5 :- Copying and Filming of Protected Monuments 20. Permission required for copying certain monuments 21. Conditions of copying other monuments 22. Licence required for filming 23. Application for licence 24. Grant or refusal of licence 25. Cancellation of licence 26. Appeal 27. Certain rules not affected 28. Penalty CHAPTER 6 :- Miscellaneous 29. Manner of preferring an appeal 30. Service of orders and notices 31. Repeal and savings SCHEDULE 1 :- SCHEDULE KARNATAKA ANCIENT AND HISTORICAL MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS RULES, 1966 In exercise of the powers conferred by Section 31 of the Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961 (Karnataka Act 7 of 1962), the Government of Karnataka hereby makes the following rules, the draft of the same having been previously published as required by sub-section (1) of the said section in Notification No. ED 16 SAR 64, dated the 23rd/25th November, 1965, as GSR 752 in Part IV, Section 2-C(i) of the Karnataka Gazette, dated the 9th December, 1965, namely CHAPTER 1 CHAPTER 1. Title :- These rules may be called the Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains Rules, 1 [1966]. 1. Read for "1964" by GSR 1166, dated 19-9-1966 2. Definitions :- In these rules, unless the context otherwise requires. (a) "Act" means the Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961 (Karnataka Act 7 of 1962); (b) "Construction" of any structure includes additions to or alterations of an existing building; (c) "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 millimetres and which does not require the use of a stand or involve any special previous arrangement; (d) "Filming", together with its grammatical variations and cognate expressions, means the preparation of cinematographic film with the aid of camera which is capable (e) "Form" means a form set out in the Schedule; (f) "Mining operation" means any operation for the purpose of searching for or obtaining minerals and includes quarrying, excavating, blasting and any operation of a like nature; (g) "Prohibited area" or "Regulated 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, or, as the case may be, a regulated area, for purposes of mining operation or construction or both; (h) "Schedule" means a Schedule appended to these rules; and (i) "Section" means a section of the Act. CHAPTER 2 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 the 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 or 5 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 may, by order, direct that any specified part of a protected monument shall not be open, permanently or for a specified period, to any person other than the Director, his agents, subordinates and workmen and any other Government servant on duty at such part. 5. 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 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. 6. 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 (d) hawk or sell any goods or wares or canvas 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 the Director, 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. 7. 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) contravenes any of the provisions of Rule 5 or Rule 6; shall be punishable with fine which may extend to five hundred rupees. CHAPTER 3 Moving of Antiquities from certain Areas 8. 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 22 shall be made in Form 1 to the Director at least three months before the proposed date of the moving. 9. Grant or refusal of permission :- On receipt of an application under Rule 8, the Director may, after making such enquiry as he may deem necessary, grant permission for the moving of all or any of the antiquities or, for reasons to be recorded, refuse such permission. 10. Appeal :- Any person aggrieved by an order of the Director under Rule 9, may prefer an appeal to the Government and the decision of the Government on such appeal shall be final. CHAPTER 4 Mining Operation and Construction near Protected Monuments 11. Notice of intention to declare a prohibited or regulated area :- (1)Before declaring an area near or adjoining a protected monument, to be a prohibited area or a regulated area for purposes of mining operation or construction or both, the Government shall, by notification in the Official Gazette, give one month's notice of its intention to do so, and a copy of such notification shall be affixed in a conspicuous place near the area. (2) Every such notification shall specify the limits of the area which is to be so declared and shall also call for objections, if any, from interested persons. 12. Declaration of prohibited or regulated area :- After the expiry of one month from the date of the Notification under Rule 11 and aff "r considering the objections, if any, received within the said period, the Government may declare, by notification in the Official Gazette, the area specified in the Notification under Rule 11 or any part of such area, to be a prohibited area or, as the case may be, a regulated area for purposes of mining operation or construction or both. 13. Effect of declaration of prohibited or regulated area :- N o person other than the Director shall undertake any mining operation or any construction. (a) in a prohibited area; or (b) in a regulated area, except under and in accordance with the terms and conditions of a licence granted bythe Director. 14. Application for licence :- Every person intending to undertake any mining operation or any construction in a regulated area shall apply to the Director in Form 11 at least three months before the date of commencement of such operation or construction. 15. Grant or refusal of licence :- (1) On receipt of an application under Rule 14, the Director may grant a licence or, if he is satisfied that the licence asked for should not be granted, may, for reasons to be recorded, refuse to grant a licence. (2) Every licence granted under sub-rule (1) shall be in Form III and be subject to the following conditions, namely. (a) the licence shall not be transferable; (b) it shall be valid for the period specified therein; and (c) any other condition relating to the manner of carrying out the mining operation or the construction which the Director may specify in the licence for ensuring the safety and appearance of, and the maintenance of the approach and access to, the protected monument. 16. Cancellation of licence :- The Director may, by order, cancel a licence granted under Rule 15, if he is satisfied that any of its conditions have been violated: Provided that no licence shall be cancelled unless the licensee has been given an opportunity to make his objections. 17. Appeal :- Any person aggrieved by an order of the Director made under Rule 15 or Rule 16, may prefer an appeal to the Government; and the decision of the Government on such appeal shall be final. 18. Removal of unauthorised buildings :- (1) The Government may, by order, direct the owner or occupier of an unauthorised building in a prohibited area or in a regulated area or of a building or part thereof which has been constructed in contravention of any of the conditions of a licence granted under Rule 15, 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 Government may direct the District Magistrate to cause the building or part thereof to be removed, and the owner or occupier shall be liable tp pay the cost of such removal. 19. Penalty :- Whoever. (i) unlawfully undertakes any mining operation or construction in a prohibited area or in a regulated area; or (ii) contravenes any of the conditions of a licence; or (iii) fails or refuses to comply with an order made under sub-rule (1) of Rule 18, shall be punishable with imprisonment which may extend to three months or with fine which may extend to two thousand rupees or with both. CHAPTER 5 Copying and Filming of Protected Monuments 20. Permission required for copying certain monuments :- The Director may, by order, direct that no person other than an officer authorised by him in this behalf shall copy any specified monument or part thereof except under and in accordance with the terms and conditions of a permission in writing granted by the Director. 21. Conditions of copying other monuments :- (1) Any person may copy a protected monument in respect of which no order under Rule 22 has been made. (2) Nothing in sub-rule (1) shall be construed as authorising any person other than the Director or an Officer authorised by the Director in this behalf, 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 flashlight synchronised with the exposure of a 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 the Director. 22. Licence required for filming :- No person other than the Director or an officer authorised by him in this behalf shall undertake any filming operation at a protected monument or part thereof except under and in accordance with the terms and conditions of a licence granted under Rule 24. 23. Application for licence :- Every person intending to undertake any filming operation at a protected monument shall apply to the Director in Form IV at least three months before the proposed date of the commencement of such operation. 24. Grant or refusal of licence :- (1) On receipt of an application under Rule 23, the Director may grant a licence or, if he is satisfied that the licence asked for should not be granted, may, for reasons to be recorded, refuse to grant a licence: Provided that the Director shall not grant any licence to film the interior of any protected monument, that is to say such part of any protected monument as is covered by a roof of any description, except when the film is for the purpose of education or of publicising the monument; (2) Every licence granted under sub-rule (1) shall be in Form V and be subject to 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 lawns or garden; (f) the filming operation shall not obstruct or hamper the movement of persons who may lawfully be within the precincts of the monuments; and (g) any other condition which the Director may specify in the licence. 25. Cancellation of licence :- The Director, after giving notice to the licensee, may cancel a licence granted under Rule 24 if he is satisfied that any of its conditions has been violated. 26. Appeal :- Any person aggrieved by an order of the Director made under Rule 24 or Rule 25 may prefer an appeal to the Government and the decision of the Government on such appeal shall be final. 27. Certain rules not affected :- Nothing in Rule 21 and no provision of a permission granted under Rule 20 or a licence granted under Rule 24 shall affect the operation of Rules 3, 4, 5 and 6. 28. 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 be punishable with fine which may extend to five hundred rupees. CHAPTER 6 Miscellaneous 29. Manner of preferring an appeal :- (1) Every appeal to the Government under the Act, or under these rules shall be in writing and shall be preferred within one month of the date of receipt of the order appealed against. (2) Every such appeal shall be accompanied by a copy of the order appealed against. 30. Service of orders and notices :- Every order or notice made or issued under the Act or 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 person. (i) by delivering or tendering it to the person concerned; or (ii) if it cannot be so delivered or tendered, by delivering or tendering it to any adult male 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 person 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. 31. Repeal and savings :- Rules made under. (i) the Ancient Monuments Preservation Act, 1904 (Central Act VII of 1 [1904)] as in force in the State of Mysore; (ii) The Ancient Monuments Preservation Act, 1337-F (Hyderabad Act VIII of 1337 Fasli) as in force in the Hyderabad Area; and (iii) The Karnataka Ancient Monuments Preservation Act, 1925 (Karnataka Act 9 of 1925), as in force in the Mysore Area; and any other rules in force in any area of the State insofar as such rules relate to matters conferred by these rules are hereby repealed: Provided that such repeal shall not affect. (a) anything done or any action taken under the repealed rules; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the repealed rules; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any of the repealed rules; or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the said rules had not been repealed. 1. Read for "1964" by GSR 1166, dated 14-9-1966 SCHEDULE 1 SCHEDULE