SUB
OFFICES
INFORMATION
CENTRE,
EAST FORT, THIRUVANANTHAPURAM
The information centre feeds information about Archaeological
Monuments and other Archaeologically and historically important
sites to the tourists. It also sells books published by
the Department. The Field Assistant of the The Department
of Archaeology is in charge of the information centre. The
Field Assistant is also in charge of the nine Fort Gates
including East Fort Gate 2, 3 ½ km length., of Fort Wall
and other protected monuments inside the Fort Wall.
Books
available at the centre
| A
Hand Book on Protected Monuments of Kerala |
Rs.350/- |
| A
Catalogue of Roman Gold Coins |
Rs.55/- |
| Iron
Age in Kerala |
Rs.50/- |
| Early
Coins from Kerala |
Rs.25/- |
| A
Guidebook on Padmanabhapuram Palace |
Rs.34/- |
| A
Guidebook on Koyikkal Palace |
Rs.40/- |
| Address |
Field
Assistant
Information Centre,
East Fort,
Thiruvananthapuram |
Persons
to contact
Field
Assistant---Ph.No.
|
0471-2466268 |
REGIONAL
CONSERVATION LABORATORY
The
regional conservation laboratory was established under The
Department of Archaeology in the year 1978 based on the
scheme prepared by the Scientific Advisor, Department of
Culture, and Govt.of India. The laboratory is one of the
well-equipped laboratories in India capable of undertaking
conservation projects on a variety of materials such as
stone, metal, mural painting etc. Deteriorated objects brought
from various Museums are subjected to scientific examination
and treatment at the Laboratory. They include inorganic
materials such as stones, metals etc. At monuments conservation
is carried out in situ. Excavated materials like iron implements,
ornaments, coins etc are brought to Laboratory for preservation.
In certain projects the laboratory collaborates with the
National Research Laboratory for Conservation, Lucknow,
the National Museum, New Delhi, the Indian Council of Conservation
Institute and so on. The Regional Conservation Laboratory
is an Institutional Member of the Indian Association of
the study of Conservation, New Delhi. The Laboratory has
conserved mural paintings in the following temples: Thrivikramamgalam
temple, Thamalam, Pundareekapuram Vishnu Temple, Thalayolaparambu,
Pazhur Perumthrikkovil, near Piravam, Uramana Temple near
Muvattupuzha, Sivanaryana Temple, Thirunayathode, near Ankamali,
Venkettathevar Temple, Kottakkal, Todeekulam temple, Kannavam,
near Thalassery, Ananthapura Temple, Kumbla, Kasargod etc.
Address:
Conservation
Officer
Regional Conservation Laboratory,
Cotton Hill
Sasthamangalam..P.O
Thiruvananthapuram - 695 010
Telephone
No :0471- 2726351
E-mail:
archhl@sancharnet.in
Persons
to Contact
| K.K.Mohanan
Pillai |
Conservation
Officer |
| Syamala
Devi |
Technical
Assistant |
| Prasanna
Kumari |
Preservation
Assistant |
| Ravi
Kumaran Thampy |
Laboratory
Assistant |
SREE
VISHAKHAM THIRUNNAL SCHOOL OF EPIGRAPHY
Sree
Vishakham Thirunnal School of Epigraphy was established
in 1980 to conduct Post Graduate Diploma Courses in Epigraphy.
Epigraphy is the study of ancient writing on hard materials
like stone, copper etc. In Kerala, Epigraphy was initiated
by Maharaja Sree Vishakhom Thirunnal (1880-85 AD), the former
Maharaja of the erstwhile state of Travancore who had written
an article in the journal, the Indian Antiquary Vol II,
1873,P 360.The School of Epigraphy was named as SVT in memory
of the late Maharaja. The ancient scripts like Vattezhuthu,
Kolezhuthu Malayanma were no longer taught or practiced
traditionally in Kerala. In order to create awareness on
the significance of Epigraphy among the students of History
and Malayalam and to bring up a line of scholars to decipher
such scripts, a one year part time post –graduate diploma
course was started in 1980.The first batch was completed
in 1981 and second batch in1982-83. For Technical reasons
this course was discontinued. The School of Epigraphy gives
training to the members of the staff of the Department of
Archives and Archaeology in deciphering the ancient scripts
on Palm Leaf Manuscripts.
The
Officer in charge of School of Epigraphy is the Epigraphist.
Persons
to Contact
G.Ramachandran
Epigraphist. Ph. 0471-2445037
Estampage Maker - Clerk
PAZHASSIKUTTERAM
PROJECT, MANANTAVADY
The
remains of the tomb of Veera Pazhassiraja at Manantavady
was declared as a protected monument by the Department of
Archaeology in 1984.It covers an area of 4.83 acres of land.
The Department constructed a building for office and a small
site Museum was established in it in 1996. There is a proposal
to build a Smrithimandapam-“Pazhassikuteeram”and expand
the site Museum in the compound.
| Officer
in Charge |
Manager |
| Other
Staff |
L.D.Clerk
Peon |
Official
Address:
Office
of The Manager
Pazhassikuteeram
Project
Manantavady
Wayanad
Dist.
PUBLICATIONS
OF THE DEPARTMENT OF ARCHAEOLOGY
| SL.No |
NAME
OF BOOK |
|
AUTHOR |
REMARK |
| 1 |
Travancore
Archaeological Series |
Vol
I |
T.A.Gopinatha
Rao |
Reprints
available at the Dept of cultural Publication and KBMS |
| 2 |
-DO- |
Vol
II |
T.A.Gopinatha
Rao |
| 3 |
-DO- |
Vol
III |
T.A.Gopinatha
Rao |
| 4 |
-DO- |
Vol
IV |
T.A.Gopinatha
Rao |
| 5 |
-DO- |
Vol
V |
T.A.Gopinatha
Rao |
| 6 |
-DO- |
Vol
VI |
T.A.Gopinatha
Rao |
Not
available |
| 7 |
-DO- |
Vol
VII |
T.A.Gopinatha
Rao |
| 8 |
-DO- |
Vol
VIII |
T.A.Gopinatha
Rao |
| 9 |
-DO- |
Vol
IX |
R.VasudevaPoduval |
| 10 |
A
Topographical List of Travancore Inscriptions |
|
R.VasudevaPoduval |
Reprinted
by Asian Education. Society, New Delhi |
| 11 |
A
Lexicon of Travancore Inscriptions |
|
R.VasudevaPoduval |
Not
available |
| 12 |
Temple
Architecture in Kerala |
|
Soundara
Rajan |
Not
available |
| 13 |
Early
coins from Kerala |
25 |
Dr.P.N.Gupta |
Reprint
available |
| 14 |
A
Catalogue of Roman Gold Coins |
55 |
T.Satiamurti |
Available
at allArchaeologicalMuseums in Kerala and at information
centre at East Fort,Thiruvananthapuram |
| 15 |
Iron
Age Of Kerala |
50 |
T.Satiamurti |
| 16 |
A
Guide to Padmanabhapuram Palace |
40 |
|
| 17 |
A
Guide to Koyikkal Palace-English |
50 |
|
| 18 |
Koyikkal
Kottaram (Malayalam) |
50 |
|
| 19 |
A
hand Book on protected Monuments |
350 |
|
TECHNICAL
DIVISIONS IN THE DIRECTORATE
FIELD
ARCHAEOLOGY
One
of the most important Technical Divisions of the Department
of archaeology is Field Archaeology. In the Directorate
of Archaeology Field Archaeology unit is headed by the Superintending
Archaeologist. Field Archaeology unit include Education
Officer, Excavation Assistant, Field Assistant and Research
Assistant. The unit conducts field surveys and prepares
reports. On the basis of the report the Department takes
decision whether a site is to be protected under the Ancient
Monument Act or it is to be excavated for detailed study
etc. Field Archaeologist visits the protected monuments
off and on and submits reports. The reports of exploration
and excavation are published in Administration Report of
the Department of Archaeology annually. The heads of Archaeological
Museum function as Field Archaeologist in the concerned
district.
PUBLICATION
UNIT
The
main function of the publication unit is to prepare and
publish scientific reports pamphlets on the various aspects
of the Department. The unit is headed by Publication Officer
and supported by an Assistant Editor and an L.D.Clerk.The
unit publishes catalogues on Museum, numismatic reports
on excavation etc. The unit had already published catalogues
on Roman Gold Coins and Iron Age in Kerala, a report on
the scientific excavation at Mangadu, Guides to Padmanabhapuram
Palace (Malayalam and English), Guide to Koyikkal Palace
(Malayalam and English), A monologue on Department of archaeology,
and *Early coins from Kerala (Reprint). The Department publishes
a trimonthly manual ‘Pracheena Keralam’, a trilingual Research
Monologue on Archaeology and allied subjects.
FREQUENTLY
ASKED QUESTIONS
(
1 )
What shall we do when one encounters some ancient objects
while digging a well?
When
anything is encountered which looks like an ancient artifacts
(manmade objects) the digging should be stopped immediately
and the information may be passed on to Village Officer,
Thahasildar, District Collector, nearest Archaeological
Museums or The Directorate Of Archaeology. As further excavation
could damage the object. Public should not excavate after
any type of artifacts.
(
2 ) What is Epigraphy?
Epigraphy is the study of the writing on hard materials
like stone, metals, palm leaf, bamboo sheet and so on. Deciphering
the scripts and interpretation and transcription of it into
the present language are part of Epigraphy. The study is
based mainly on eye copy, estampage photographs of the inscription.
If the inscription is not dated it is difficult to identify
the date of the inscription. Then it is calculated on the
basis of the scripts used in different centuries.
(
3 ) There is a designation in the department as Estampage
Maker. What is an Estampage?
Estampages
are facsimiles of stone inscriptions .For making Estampage
the surface of the inscription is cleaned using soap to
remove oil and other dirt. Then sheet of hand made paper
is dipped in water. After getting it sufficiently wet it
is placed on the surface of the inscription using a soft
brush (usually of deer skin) .The wet paper is pushed into
the engraved portion of the stone. Thus the letters became
depressions. Small quantity of black oxide made into a paste
form pasted into the surface of ball shaped material known
as ‘dabbar ’. The black oxide is gradually pressed to the
paper carefully. The projected surface became black and
the depressed surface retained as white. After a few minutes
the paper is taken out and dried. The letters are seen white.
Usually two or three Estampages are taken and the legible
one is accepted for the study.
(
4 ) What is meant by structural conservation?
In
the field of archaeology, the term conservation is generally
applied to the preservation work of all types of antiquities
including ancient monuments. Broadly speaking the engineering
part of preservation work undertaken to ancient monuments
is termed as structural conservation. Multi-
The
structural conservation work of ancient monuments has been
developed into a separate subject, out of the necessity
to evolve standards and improve the quality of the preservation
work of ancient monuments. It is actually a multi-disciplinary
activity controlled by one methodology and guided by a theory
that has taken centuries to evolve. As this study attempts
to understand the conservation problem of structural monuments,
the engineering details of the structure like foundation,
basement etc.got prominence, but the design part of structural
members and calculators are being avoided.
a) Preservation
of the existing state
Some
of the monuments that have come down to present day as ruins
are preserved in their “existing state”, with broken beams
out of plumb walls etc., by construction of support pillars,
buttresses etc. In this type of preservation work, there
is minimum or some times even no intervention in the fabric
of the monument.
b) Consolidation
of the fabric
In
the case of ancient structures that are in a dilapidated
condition, the structure is prevented from further disintegration
by consolidation of the fabric, the grouting work done to
fill voids in a masonry wall, or consolidation of disjoined
masonry etc, come under this type of intervention.
c) Rehabilitation
Some
of the historic buildings are found in the centers of present
day towns and cities. Instead of preserving such historic
buildings as museum objects, utilizing them for some present
day needs, assure their day-to-day cleaning and maintenance.
The repair work undertaken in historic buildings to make
them suitable for present day needs come under rehabilitation.
d) Reconstruction
in situ with original material
(
6 ) What is the difference between preservation and Restoration?
Preservation
is any action taken to prevent stop or retard deterioration.
Preservation is an unending process.
Restoration
is any action taken to treat objects for the purpose of
correcting any alterations they have undergone. Restoration
has a beginning and an end.
K.K.Mohanan
Pillai
Conservation Officer
E-Mail Address:
kkmpillai
2003@ yahoo.com.in
ACT
26 OF 1969
THE
KERALA ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS
ACT 1968.
An Act to provide the preservation of ancient monuments
and archaeological sites and remains other than those of
national importance for the regularization of archaeological
excavations and for the protection of sculptures, carvings
and other like objects.
Preamble:-Whereas
it is expedient to provide for the preservation of ancient
monuments and archaeological sites and remains other than
those of national importance for the regularization of archaeological
excavations and for the protection of sculptures, carvings
and other like objects:-
BE
it enacted in the Nineteenth Year of the Republic of India
as follows.
I
. Short title, extent and Commencement
(3)
Certain ancient monuments, etc, deemed to be protected
monument or areas
(a) All
protected monuments, which have been declared under the
Ancient Monuments Preservation Act, 1904 (Central Act 7
of 1904) or the Travancore Ancient Monuments Preservation
Act (1 of 1112) or the Ancient Monuments Preservation Act,
IX of 1110 (Cochin Act) to be protected monument, but which
have not been declared by or under any law made by Parliament
to be of national importance, shall be deemed to be protected
monuments for purpose of this Act.
b) Any area
which has been declared under any of the Acts specified
in sub – section (1) to be a protected area, but which has
not been declared by or under any law made by Parliament
to be of national importance, shall, if such area is an
archaeological site and remains as defined in this Act.
be deemed to be a protected area for the purpose of this
act.
(1). Power of Government
to declare ancient monuments, etc. to be protected monuments
and areas. _(1) Where the Government are of opinion that
any ancient monument or archaeological site and remains
should be declared to be a protected monument or a protected
area, as the case may be, they may, by notification, give
two months notice of their intention to declare such ancient
monument or archaeological site and remains to be a protected
monument or a protected area, as the case may be; and a
copy of every such notification shall be affixed in a conspicuous
place near the monument or site and remains ,as the case
may be.
c) Any person
interested in any such ancient monument Or archaeological
site and remains may, within two months after the issue
of the notification, object to be declaration of the monument
or the archaeological site and remains to be a protected
monument or a protected area, as the case may be.
d) A
notification published under sub- section (3) shall, unless
and until it is withdrawn, be conclusive evidence of the
fact that the ancient monument or the archaeological site
and remains to which it relates is a protected monument
or a protected area, as the case may be, for the purpose
of this act.
PROTECTED
MONUMENTS
(1) Acquisition
of rights in a protected monument—(1) The Director may,
with the sanction of the Government, purchase or take a
lease of, or accept a gift or request of, any protected
monument.
(2) Where
a protected monument is without an owner, the Director may,
by notification, assume the guardianship of the monument.
(3) The
owner of any protected monument may, by written instrument,
constitute the Director, the guardianship of the monument
and the Director may, with the sanction of the Government,
accept such guardianship.
(4)
When the Director 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
and interest in and to the monument as if the Director had
not been constituted a guardian thereof, and the provisions
of this Act relating to agreements executed under section
6 shall apply to the written instrument executed under the
said sub-section.
e) Nothing
in this section shall affect the use of any protected monument
for customary religious observances.
f) Preservation
of protected monument by agreement—
(1) The Director, when so directed by the Government within
a specified period, for the maintenance of the monument.
(2) An agreement
under this section may provide for all or any of the following
matters, namely: -
i. The maintenance of the monument;
ii. The custody of the monument and the duties
of any person who may be employed to watch it;
© The restriction of the owners right—
(i) To use the monument for any purpose,
(ii) To charge any fee for entry into, or inspection
of, the monument,
(iii) To destroy, remove, alter or deface the monument,
or,
(iv) To build on or near the site of the monument;
iii. The facilities of the access to be
permitted to the public or any section thereof or to the
Director or to the persons deputed by the owner or the Director
or the District Collector to inspect or maintain the monument.
iv. The notice to be given to the Government
in case the land on which the monument is situated or any
adjoining land is offered for sale by the owner, and the
right to be reserved to the Government to purchase such
land or any specified portion of such land, at its market
value;
v. The payment of any expenses incurred
by the owner or by the Government in connection with the
maintenance of the monument;
vi. The proprietary or other rights which are
to vest in the Government in respect of the monument when
any expenses are incurred by the Government in connection
with the maintenance of the monument;
vii. The appointment of an authority to decide
any dispute arising out of the agreement; and
viii. Any matter connected with the maintenance
of the monument, which is a proper subject of the agreement
between the owner and the Government.
(3)
The 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 the agreement on giving
six months’ notice in writing to the other party; Provided
that where the agreement is terminated by the owner, he
shall pay to the Government the expenses, if any incurred
by then on the maintenance of the monument 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.
(4)
An agreement under this section shall be binding or any
person claiming to be the owner of the monument to which
it relates, from, through or under a party by whom, or to
whose behalf, the agreement was executed.
g) Owners
under disability or not in possession, --
(1)
If the owner of a protected monument is unable, by reason
of infancy or other disability, to act for himself, the
person le legally competent to act on his behalf may exercise
the powers conferred upon an owner by section 6,
(2) In
the case of protected monument which is village property,
the head man or other village officer exercising power of
management over such property may exercise the powers conferred
upon an owner by section 6,
(3) Nothing
in this 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 which or any part of which is periodically
used for the religious worship or observance of that religion.
h) Application
of endowment to repair a protected monument, --(1) If any
owner or other person competent to enter into an agreement
under section 6 for the maintenance of a protected monument
refuses or fails to enter into such an agreement, and if
any endowment has been created for the purpose of keeping
such monument has been created for the purpose of keeping
such monument in repair or for that purpose among others,
the Government may institute a suit in the court of the
District Judge, or if the estimated cost of repairing the
monument does not exceed one thousand rupees, may make an
application to the District Judge, or if the estimated
cost of repairing the monument does not exceed the thousand
rupees, may make an application to the District Judge,
for the proper application of such endowment or part thereof.
(2)
On the hearing of an application under sub- section (1),
the District Judge 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 use endowment
or of any part thereof, and any such order may be executed
as if it were a decree of a civil court.
i) Failure
or refusal to enter into an agreement,--(1) If any owner
or other person competent to enter into an agreement under
section 6 for the maintenance of a protected monument
refuses or fails to enter into such an agreement , the
Government may make an order providing for all or any
of the matters specified in sub- section (2) of section
6,and such order shall be binding on the power of such
other person and on every persons claiming title to the
monument from, through or under , the owner or such other
persons.
(2)
Where an order made under sub- section (1) provides that
the monument shall be maintained by the owner or other
person competent to enter into an agreement, and reasonable
expenses for the maintenance of the monument shall be payable
by the 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.
(10)
Power to make order-prohibiting contravention of agreement
under section 6, --(1) If the Director apprehends that the
owner or occupier of a protected monument intents to destroy,
move, alter, deface imperil or misuse the monument or to
build on or near the site thereof in contravention of the
terms of an agreement executed under section 6, the Director
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 needs to be given in any case where
the Director, for reason to be recorded, is satisfied that
it is not expedient or practicable to do so.
(2) Any
person agreed by an order section may appeal to be monument
whom such time and in such number as may be prescribed and
we of the Government on to appeal shall be final
( j) Enforcement of agreement, --(1) If an owner
or other person who is bound by an agreement for the maintenance
of a monument under section 6 refuses or fails, within such
reasonable time or the Director may fix, to do any act which
in the opinion of the Director is necessary for the maintenance
of the monument, the Director may authorize 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 expenses as the owner may be liable to pay under
the agreement
(2)
If any such dispute arises regarding the amount of expenses
payable by the owner or other person under sub- section
(1), it shall be referred to the Government whose decision
thereon shall be final.
12. Purchasers at certain sales and persons claiming through
owner bound by instrument executed by owner, --
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 in respect of which any instrument has been executed
by the owner for the time being under section 5 or section
6,and every person claiming any title to a monument from,
through under, an owner who executed any such instrument,
shall be bound by such instrument.
13.
Acquisition of protected monuments,--If the Government apprehend
that a protected monument is in danger of being destroyed,
injured ,misused or allowed to fall into decay, they may
acquire the protected monument under the provision of the
Kerala Land Acquisition Act,1961(21 of 1962), as if the
maintenance of the protected ,monument were a public purpose
within the meaning of that Act.
14.
Maintenance of a certain protected monument, --(1) The Government
shall maintain every monument which as been acquired under
section 13 or in respect of which any of the rights mentioned
in section 5 have been acquired.
(2)
When the Director has assumed the guardianship of a monument
under section 5, shall for the purpose of maintaining such
monument, have access to the monument at all reasonable
times, by himself and by his agents, subordinates and workmen,
for the purpose of inspecting the monument and for the purpose
of brighten such materials and doing such acts as he may
consider necessary or desirable for the maintenance thereof.
15.
Voluntary contribution, -- The Director may receive voluntary
contribution towards the cost of maintaining a protected
monument and give orders as to the management and application
of any funds received by him.
Provided
that no contribution received under this section shall be
applied to any purpose other than the purpose for which
it was contributed.
16.
Protection of place of worship from misuse, pollution or
desecration, --(1) A protected monument maintained by the
Government under this Act, which is place of worship or
shrine shall not be used for any purpose inconsistent with
its character.
(2)
Where the Government have acquired a protected monument
under section 13, or where the Director has purchased or
taken a lease or accepted a gift or bequest or assumed
guardianship of, a protected, monument under section 5,
and such monument or any part thereof is used for religious
worship or observation by any community, The District Collector
shall make the provision for the protection of such monument
or part thereof, from pollution or desecration, --
Prohibiting
the entry therein, except in accordance with the condition
prescribed within the concurrence of the persons, if any,
in religious charge of the said monument or part thereof,
of any person not entitled so to enter by the religious
usage of the community by which the monument or part thereof
is used; or
(b)
By taking such other action as he may think necessary in
this behalf,
17.
Relinquishment of Government rights in a monument, -- with
the sanction of the Government, the Director may, --
a. Where
rights have been acquired by the Director in respect of
any monument under this Act by virtue of any sale, lease,
gift or will, relinquish, by notification, the rights so
acquired, to the person who would, for the time being, be
the owner of the monument if such rights have not been acquired;
or
b.
Relinquish any guardianship of a monument, which has been
assumed under this Act.
18. Rights
of access to protected monuments, -- Subject
to any rules made under this Act the public shall have a
right to any protected monuments.
Protected
Areas
19.
Restrictions of enjoyment of property rights in protected
areas, --(1) No persons, including the owner or the occupier
of a protected area, shall construct any building within
the protected area or carry on any mining, quarrying excavating,
blasting or any part thereof is any other manner without
the permission of the Government operation of a like nature
in such area, or utilize such area or any part thereof in
any manner without the permission of the Government;
Provided that nothing in this sub- section shall be deemed
to prohibit the use of any such area or part thereof for
purpose of cultivation, if such cultivation does not involve
the digging of not more than one foot of soil from the surface:
(2)
The Government may, by order, direct that any building constructed
by any person within a protected area in contravention of
the provisions of sub- section (1) shall be removed within
a specified period and, if the person refuses or fails to
comply with the order, the District collector may cause
the building to be removed and the person shall be liable
to pay the cost of such removal.
20.
Power to acquire a protected area, -- If the Government
are of opinion that right to any protected area contains
an ancient monument or antiquities or regional interest
and value, they may acquire such area under the provisions
of the Kerala Land Acquisition Act, 1961,(21 of 1962), as
if the acquisition were for a public purpose within the
meaning of that Act,
Archaeological
Excavations
21.
Excavations in protected areas, -- subject to the provisions
of section 24 of the Ancient Monuments and Archaeological
Sites and Remains Act, 1958 (Central act 24 of 1958), an
Archaeological officer or an officer authorized by him in
this behalf or any person holding a license granted in this
behalf under this Act (hereinafter referred to as the licensee)
may, after giving notice in writing to the Director and
owner, enter upon and made excavations in any protected
area.
22.
Excavations in areas other tan protected areas, --
Subject
to the provisions of section 24 of the Ancient Monuments
and Remains Act, 1958 (Central Act 24 of 1958), where an
Archaeological Officer has reason to believe that any area
not being protected area contains ruins or relics of historical
or Archaeological importance, he or an officer authorized
by him in this behalf may, after giving notice in writing
to the Director and the owner, enter upon and make excavation,
if the area.
23.
Compulsory purchase of antiquities, etc., discovered during
excavation operation, --(1) where, as a result of any excavation
made in any area under section 21 or section 22, any antiquities
are discovered, the archaeological officer or the licensee,
as the case may be, shall—
a) As
soon as practicable, examine such antiquities and submit
a report to the Government in such manner and containing
such particulars as may be prescribed;
b) At the conclusion
of the excavation operations give notice in writing to the
owner of the land from which such antiquities have been
discovered, as to the nature of such antiquities.
(2)
Until an order for the compulsory purchase of any such antiquities
is made under sub_ section (3), the archaeological officer
of the licensee, as the case may be, shall keep then in
such safe custody at he may deem fit
On
receipt of a report under sub- section (1), the Government
may take an order for the compulsory purchase of any such
antiquities at their market value.
When
an order for the compulsory purchase of any antiquities
is made under sub –section
(3),
such antiquities shall vest in the Government with effect
from the date ofthe order.
24.
Excavations, etc., for archaeological purposes,--
Subjects
to the provisions of section 21 and save as provided in
section 22 and 23, no archaeological officer or other authorize
any person to undertake, or authorize 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 Government and in accordance
with such rules or directions, if any, as the Government
may take or give in this behalf.
Protection
of Antiquities
25.
Power of government to control moving of antiquities,--(1)
If the Government consider that any antiquities or class
of antiquities ought not to be moved from the place where
they are without their sanction , the Government may,
by notification, direct that any such antiquity or any
class of such antiquities shall not be moved except with
the written permission of the Director.
(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 decision of the Government on the appeal shall
be final.
26.
Purchase of antiquities by government, --(1) If the Government
apprehend that any antiquity mentioned in a notification
issued under sub-section (1) of section 25, is in danger
of being destroyed, removed, injured, misused or allowed
to fall into decay or are of opinion that, by reason of
its historical or archaeological; importance, it is desirable
to preserve such authority in a public place, the Government
may make an order for the compulsory purchase of such antiquity
at its market value and the Director 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 antiquity, such antiquity shall vest in
the Government with effect from the date of the notice.
(3)
The power of compulsory purchase given by this section shall
not extent to any image or symbol actually used for bonafide
religious observations.
Principles
of Compensation
27.
Compensation for loss or damage, -- Any owner or occupier
of land who has sustained any loss or damage or any diminution
of profits from the land by reason of any entry on, or excavations
in, such land or the exercise of any other power conferred
by this Act, shall be paid compensation by the Government
for such loss, damage or diminution or profits.
28.
Assessment of market value or compensation. —(1) The market
value of any property which the Government are empowered
to purchase at such value under this Act, or the compensation
to be paid by the Government in respect of anything done
under this Act., shall, where any dispute arises in respect
of market value or compensation , by ascertained in the
manner provided by the Kerala Land Acquisition Act, 1961(21
of 1962), so far as it can be made applicable:
Provided
that, when making an enquiry under the Kerala Land Acquisition
Act, 1961(21 of 1962), the Collector shall be satisfied
by two assessors, one of whom shall be competent person
nominated by the owner, or, in case the owner fails to nominate
an assessor within such reasonable time as may be fixed
by the Collector in this behalf by the Collector.
(2)
Not withstanding any thing in sub-section (1) or in Kerala
Land Acquisition Act, 1961(21 of 1962), in determining the
market value of any antiquity in respect of which an order
for compulsory purchase is made under sub-section (3) of
section 23 or sub-section (1) of section 26, may increase
in the value of the antiquity by reason of its being of
historical or archaeological importance shall not be taken
into consideration
Miscellaneous
29.
Delegation of powers, -- the Government may, by notification,
direct that any powers conferred on them by or under this
Act shall, subject to such consideration on them by or under
this Act shall, subject to such condition as may be specified
in the direction, be exercisable also by such officer or
authority subordinate to the Government, as may be specified
in the direction.
30.
Penalties, --(1) Whoever—
(i) Destroys,
removes, injures, alters, defaces, imperils or misuses a
protected monument, or
(ii)
Being the owner or occupier of the protected monument, contravenes
an order made under sub-section (1) of section 9 or under
sub- section (1) of section 10,or
(iii)
Remove from a protected monument any sculpture, carving,
image, bas-relief, inscription or other like object, or
(iv) Does
any act in contravention of sub –section (1) of section
19,
Shall
be punishable with imprisonment, which may extent to three
months, or with fine, which may extend to five thousand
rupees, or with both.
(2)
Any person who moves any antiquity in contravention of a
notification issued under sub-section (1) of section 25
shall be punishable with fine which may, extent to five
thousand rupees; and the court convicting a person of any
such contravention may, by order, direct such person to
restore the antiquity to the place from which it was moved.
31.Jurisdiction
to try offences, -- No court inferior to that of a magistrate
of the first class shall try any offence under this Act.
32.
Certain offences to be cognizable, -- Not withstanding anything
contained in the code of Criminal procedure, 1898 (Central
Act 5 of 1898), an offence under clause (1) or clause (iii)
of sub- section (1) of section 30 shall be deemed to be
cognizable offence within the meaning of that code
33.
Special provision regarding fine, -- Not withstanding anything
contained in section 32 of the code of Criminal procedure,
1898 (Central Act 5 of 1898), it shall be lawful for any
magistrate of the first class specially empowered by the
Government in this behalf of pass a sentence of five exceeding
two thousand rupees on any person convicted of an offence
which under this Act is punishable with fine exceeding two
thousand rupees.
34.
Recovery of months due to the Government, --Any amount due
to the Government from any person under this Act may, on
a certificate issued by the Director, be recovered in
the same manner as an arrear of land revenue under the Revenue
Recovery Act for the time being in force.
35.
Ancient monument, etc., no longer requiring protection,
-- If the Government are of opinion that it is no longer
necessary to protect any ancient and historical monument
or archaeological site and remains under the provisions
of this Act they may, by notification, declare that the
ancient and historical monument or archaeological site and
remains, as the case may be, has ceased to be a protected
monument or a protected area. for the purpose of this Act.
36.Power
to correct mistake etc.—Any clerical mistake, patent error
or error arising from accidental slip or omission in the
description of any ancient monument or archaeological site
and remains declared to be a protected monument or a protected
area by or under this Act, may, at any time, be corrected
by the Government by notification.
37.
Protection of action taken under the Act, --No suit for
compensation and no Criminal proceeding shall be against
any public servant in respect of any act done or power conferred
by this Act.
38.
Power to make rules. –(1) The Government may, by notification
and subject to the condition of previous publication, make
rules for carrying out the purpose of this Act.
(2)
In particular, and without prejudice to the generality of
the foregoing power, such rules may provide for all or any
of the following matters namely: -
(a)
The prohibition or regulation by licensing or otherwise
or mining, quarrying, excavating, lasting or any operation
of a like nature near a protected monument or the construction
of building on land adjoining such monument and the removal
of unauthorized buildings:
(b)
The grant of licenses and permissions to make excavations
for archaeological purposes in protected areas, the authorities
by whom, and the restriction and conditions of securities
from licensees and the fees that may be charged for such
licenses;
(
c ) The right of access of the public to a protected monument
and the fee, if any, to be charged therefore;
(d)
The form and the contents of the report of an archaeological
officer or a licensee under clause (a) of sub-section (1)
of section 23;
(e)
The form in which application for permission under section
19 or section 25 may be made and the particulars which they
should contain;
(f)
The form and the manner of preferring appeals under this
Act and the time within which they may be preferred.
(g) The manner
of service of any order or notice under this Act;
(h) The
manner in which excavations and other like operations for
archaeological purposes may be carried on;
(i) Any
other matter which is to be, or may be prescribed.
(3)
Any rule made under this section may provide that a breach
thereof shall be punishable, --
(i)
In the case of a rule made with reference to clause (a)
of sub-section (2) , with imprisonment which may extend
to three months, or with fine which may extent to five
thousand rupees, or with both;
(ii)
In the case of a rule made with reference to clause (b)
of sub- section (2) with fine, which may extent to five
thousand rupees;
(iii)
In the case of a rule made with reference to clause ©of
sub- section (2) with fine, which may extent to five thousand
rupees;
(4)
Every rule made under this Act shall be laid, as soon as
may be after it is made, before the Legislative Assembly
while it is in session for a total period of fourteen days
which may be comprised in one session or in two successive
sessions, and if,, before the expiry of the sessions in
which it is laid, or the session immediately following ,
the Legislative Assembly makes any modification in the rule
or decides that the rule should not be made, the rule shall
therefore have effect only in such modified form or be
of no effect., as the case may be; so however that any such
modification or annulment shall be without prejudice to
the validity of anything previously done under that rule.
39.
Repeal, -- The Travancore Ancient Monuments Preservation
Act (1 of 1112), the Ancient Monuments Preservation Act,
IX of 1110 (Cochin Act) and the Ancient Monuments Preservation
Act, 1904 (Central Act 7 of 1904), as in force in any part
of the State of Kerala, are hereby replaced.
