Archaeological Sites and Remains
Q. What does archaeological site and remains means?
Ans. In the AMASR Act, 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 one hundred years.The portion of land adjoining the area which may be required for fencing or covering in or otherwise preserving the site and remains and the means of access to, are also included in archaeological site and remains.
Q. What does a protected area means?
Ans. Any archaeological site and remains which is declared to be of national importance by or under this Act is called protected area.All archaeological sites and remains which have been declared by the Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951, or by section 126 of the States Reorganisation Act, 1956 to be of national importance shall also be deemed to be protected areas for the purposes of this Act.
Q. What is the difference between a protected area and a protected monument?
Ans. When any archaeological site and remains is declared to be of national importance it is called protected area whereas an ancient monument when declared to be of national importance is called protected monument.
Q. How an archaeological site and remains is declared protected?
Ans. Where the Central Government is of opinion that any archaeological site and remains is of national importance it issues a notification (preliminary) in the Official Gazette, of its intention to declare such archaeological site and remains to be of national importance. A copy of every such notification shall be affixed in a conspicuous place near the archaeological site and remains.The notification gives two months' notice. After the issue of the notification, any person, who may be, interested in any such archaeological site and remains may, object to the declaration within two months.After considering the objections, received during this period, the Central Government may declare the archaeological site and remains to be of national importance by publishing the notification (final) in the Official Gazette.A notification published under section 4 (3) makes the archaeological site and remains to be of national importance for the purposes of this Act.
Q. What if any construction is made in a protected area without the permission of the Central Government?
Ans. The Central Government may, by order, direct that any building constructed by any person withina protected area in contravention of the provisions of this act shall be removed within a specified period and, if the person refuses or fails to comply with the order, the Collector may cause the building to be removed and the person shall be liable to pay the cost of such removal.
Q. What if the owner or occupier of a protected area misuse or utilise such area or any part thereof in any other manner without the permission of the Central Government?
Ans. No person, including the owner or occupier of a protected area, shall utilise protected area or any part thereof in any other manner without the permission of the Central Government whoever contravene it shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five thousand rupees, or with both.