AN ACT MADE TO PRESERVE THE ANCIENT MONUMENTS AND ARCHAEOLOGICAL, HISTORICAL OR ARTISTIC OBJECTS

PREAMBLE

Whereas it is expedient *to maintain peace and order by preserving the ancient monument and by controlling the trade in archaeological objects as well as the excavation of the place of ancient monuments and by acquiring and preserving ancient monument and archaeological, historical or artistic objects.

Now, therefore, His Majesty the King has made and promulgated this Act on the advice of the Cabinet of Ministers.

1.Short Title, Extension and Commencement
(1) This Act may be called the "Ancient Monument Preservation Act, 2013 ( 1956 A.D.)
(2) It shall come into force immediately throughout the kingdom of Nepal.
**2. Definition
Unless the subject or the context otherwise requires, in this Act :

(a) "Ancient Monument" means temple, monument, house, abbey, cupola, monastery, stupa, Bihar etc which have their importance ***above one year, from the point of view of history, arts, science, architectonics or art of masonry, and this word shall also mean the site of the monument as well as the human settlement or place, and remnant of ancient human settlement, relies of ancient monument, cave etc having specific value from the national or international point

* Amended by Some Nepal Laws ( Amendment and Re- legalization) Act, 2020. (1963)
** Amended by Ancient Monuments Preservation ( Third Amendment) Act, 2043. (1983)
*** Inserted by Ancient Monument Preservation ( Fifth Amendment ) Act, 2052.

of view irrespective of the fact that such settlements or places are adjoining with each other or are separate in the same area.
(b) " Archaeological Object" means the object made and used by human being in prehistorical period or handwritten genealogy, handwritten manuscript, golden inscription, copper inscription, petrography, wooden inscription, bhojapatra (document written on the bark of brick tree), tadapatra ( document written on the leaf or bark of Palmyra tree) , paper, coin, house where historical event has occurred or where historically special personality has resided and things such as stone, wood, soil, ivory, bone, glass, cloth, paper or metal used by such person or some important portion of the house in which attractively scribed things are used, scribed or inscribed idol, temple of god or goddess, buddhistic cenotaph, statue, thanks, things used in royal palace, replica of animal, birds and any movable or immovable objects, which depict the history of any country, and objects as prescribed by His Majesty's Government by a notification in the Nepal Gazette from time to time.
(c) "Curio" means modern handicrafts not exceeding hundred years of age.
(d) "Preserved Monument Area" means the place or area where ancient monument is situated and which has been declared as preserved area under Section 3.
(e) "Chief Archaeology Officer" means the Director General of the Department of Archaeology
(f) "Preservation" means the work such as sweeping, covering, repairing, cleaning etc. done to keep the monument in its original form.
*(g) "Local Bodies" means the Village Development Committee, Municipality or District Development Committee.

*Amended by Ancient Monument Preservation (Fifth Amendment), Act, 2052.
(h) " Prescribed" or "As Prescribed" means Prescribed or as Prescribed in the rules made under this Act.
*3. An Area May be Declared as Preserved Monument Area
(1) His Majesty's Government, if wishes to declare any place or area where any monument is located to be as preserved monument area, shall display a notice at the place where the monument is located and also at the adjoining public place specifying the boundaries of the preserved monument area.
(2) Any person, who is dissatisfied with the notice displayed pursuant to Sub- Section (1), may lodge his protest to His Majesty's Government within 35 days of the displaying of such notice.
(3) His Majesty's Government may give its final verdict on the protest lodged pursuant to Sub- Section (2).
(4) After the final decision taken pursuant to Sub- Section (3) on the protest lodged against the notice displayed pursuant to Sub- Section (1) or if no protest is lodged at the expiry of the period prescribed for lodging the protest, His Majesty's Government may, by publishing a notification in the Nepal Gazette delimitating the boundary of the place or area where the ancient monument is located, declare such place or area as preserved monument area.
(5) Anyone wishing to install or connect a telephone line or electricity, to dig ground for drinking water or sewerage, to construct or repair road, to shoot- out a film, to organize a fair or festival, to perform dancing or singing ceremony, to park vehicles or to paste a poster and painting within the preserved Monument Area shall have to take permission, as prescribed, from the Department of Archaeology. Provided that permission shall not be needed to be taken from the

* Amended by Ancient Monument Preservation (Third Amendment), Act, 2043.

Department of Archaeology to conduct and perform traditional dancing and singing or to organize a fair or festival.
(6) Anyone who, on his own land within the Preserved Monument Area, is willing to construct a new house or building or to repair, alter or reconstruct a house or building so as to make changes on its original shape, shall have to construct, repair, alter or reconstruct it as is matching the style of the area and as is in consonance with the standard prescribed by the Department of Archaeology.
(7) If a Person has submitted to the ?Municipality the drawing of a house or a building to be constructed, repaired, altered, or reconstructed within the Preserved Monument Area, the ?Municipality shall, before giving its consent on the drawing under the prevailing law, have to take approval of the Department of Archaeology on such drawing. After reviewing the drawing received from the? Municipality, the Department of Archaeology may give its approval, reject it or give its approval with amendment.
(8) While Constructing, repairing, altering or reconstructing the house or building in the Preserved Monument Area, if the construction, repair, alteration or reconstruction is not done in accordance with the approved drawing, the Department of archaeology may issue an order to stop such work.
(9) * The Town Development Plan Execution Committee may, by giving an Ultimatum of thirty- five days, issue an order to demolish the house or building if it is constructed, repaired, altered or reconstructed in defiance of the order issued by the Department of Archaeology pursuant to Sub- Section (8). Any Person, who is dissatisfied with such order, may lodge a protest to His Majesty's Government within thirty- five days of the issuance of such order. The verdict of His Majesty's Government regarding such protest shall be final.
* Amended by Ancient Monument Preservation (Fifth Amendment), Act, 2052.

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