* (10) In cases where no complaint has been lodged against the order issued under sub-section (9) to demolish a house or a building, the concerned person shall have to demolish the house or building within seven days from the date of expiry of the time-limit, and in case where a complaint has been lodged and His Majesty's Government has decided to demolish such house or building, the concerned person shall have to demolish the house or building within twenty one days from the date of the decision. If the house or building is not demolished within the said time- limit, the authority or official issuing such order shall demolish the house or building and all expenditures incurred while demolishing shall be recovered from the concerned person.
**3A. Classification of Ancient Monuments : (1) From the viewpoint of ownership, the ancient monuments shall be classified in two categories as public ancient monuments and private ancient monuments.

(2) From the view point of importance, the ancient monuments shall be classified in three categories as of international importance, of national importance and of local importance".

**3B. Ownership, Conservation,Maintenance and Renovation of Public Ancient Monuments: Ownership of the public ancient monuments shall be vested in the Department of Archaeology..The Department of Archaeology shall conserve, maintain and renovate such public ancient monuments.

* Amended by Ancient Monument Preservation (Fifth Amendment)
Act, 2052.
** Inserted by Ancient Monument Preservation (Fifth Amendment)
Act, 2052.

*3C. Conservation, Maintenance and Renovation of the Ancient Monuments under Private Ownership : (1)The Conservation, maintenance and renovation of the ancient monuments under private ownership which are inside the Protected Monuments area shall be carried out by the concerned person.
Provided that if it is deemed necessary to conserve, maintain and renovate the private ancient monuments which are of importance from the national and international view point, by the Department of Archaeology, the Department of Archaeology may, conserve, maintain and renovate such ancient monuments.
(2) In order to change the fundamental features of the ancient monuments, their maintenance and renovation or to demolish such ancient monuments as referred to in sub-section (1), the concerned person shall obtain an approval from the Department of Archaeology.
(3) The conservation, maintenance and renovation of the ancient monuments under private ownership which are outside the protected monuments area shall be carried out by the local body or the concerned person at the direction of the Department of Archaeology.
Provided that the conservation, maintenance and renovation of the private ancient monuments under the Guthi Sansthan (a. public corporation responsible for maintenance and renovation of ancient monuments and religious sites and for continuing traditional and cultural practices) shall be carried out by the Guthi Sansthan under supervision, technical service and direction of the Department of Archaeology. In cases where the conservation, maintenance and renovation of such private ancient monuments is not carried out by the Guthi Sansthan,

* Inserted by Ancient Monument Preservation (Fifth Amendment) Act, 2052.
The Department of Archaeology may carry out conservation, maintenance and renovation on its own or it may cause to
carry out the conservation, maintenance and renovation of such private ancient monuments by a local body or any person even in absence of the approval of the Guthi Sansthan.

(4) Whoever does any act without the approval or in contravention of the directive referred to in sub- sections (2) and (3) , he shall be liable to a punishment of fine ranging from ten thousand rupees to one lakh rupees or a term of imprisonment not exceeding six months or the both.
* 3 D. Conservation of Ancient Monuments and Archaeological Sites : The Department of Archaeology shall conserve the ancient monuments and archaeological sites which are important from national and international point of view.
*3 E. Operation of Religious Temples, Monasteries etc :
The person operating a religious temple, monastery etc. shall use upto fifty percent of the amount of the donation offered to such temple or monastery for the conservation of the temple or monastery and for bringing reformation in its surrounding environment.
(1) The income and expenditure of the donation offered to religious temples and monasteries and other provisions for its operation shall be as prescribed.
*3 F. House and Land Tax May be Exempted: His Majesty's Government may, having published a notification in the Nepal Gazette, exempt the house and land tax to be levied on the private ancient monuments according to the laws.
*3 G. Committee May be Formed:
(1) Various committees may be formed in order to survey and classify the ancient monuments; to give advises to the Department of Archaeology as to the style or standard of the house or building to be constructed in the private land within the

* Inserted by Ancient Monument Preservation (Fifth Amendment) Act, 2052.
protected monuments area; and to make necessary provisions with regard to the due conservation of the ancient monuments which have been regarded important from historical and artistic point of view.
(2) The formation, functions, duties and powers of the committees referred to in sub- section(1) shall be as prescribed.
*4. The Ancient Monuments under Private Property may be Purchased or be kept in one's own Protection :
** (1) His Majesty's Government may, if it deems necessary from the point of view of protection of the monument and the environment of the monument area, purchase any ancient monument owned by a person as his private property or any land and house situated at the ancient monument area and owned by private person or institution, on paying a price as evaluated.
(2) If the owner of any preserved ancient monument gives It without taking any price, the Chief Archaeology Officer, giving notice to His Majesty's Government should register it as ? public Ancient Monument.
5. Power of the Chief Archaeology Officer to cause the Owners of Ancient Monument to enter into a deed of Responsibility on prior approval of His Majesty's Government:
(1) For the purpose of permanent preservation of the Preserved ancient monument located at the capital or outside districts of the country, the Chief Archaeology Officer or a person assigned by him, by taking prior approval of His Majesty's Government shall cause the owners of ancient monument to enter into a deed of responsibility. If the owner of the, ancient monument does not enter into such deed, the Local office chief should be asked to preserve the ancient monument and to cause the owner of such

* Amended by Ancient Monument Preservation (Fifth Amendment) Act, 2052
** Amended by Ancient Monument Preservation (Third Amendment) Act, 2043
monument and the concerned * Mayor, Deputy- Mayor or ward Member of the concerned Municipality or the Chair person, vice- Chairperson or Member of the Village Development Committee as well to enter into the deed of responsibility pursuant to Sub- Section .(2) and to submit the same, and the Local Office Chief shall do accordingly.

(2) Following matters and other matters, as deemed proper, shall be included in the deed of responsibility under sub- section (1) :–

(a) Supervision of the monument.

(b) Responsibility of the monument and duties of its watchman.

(c) Restrictions to the owner of the monument as to demolishing, removing, altering, defacing, transferring the ownership to others except to His Majesty's Government or erecting any other monument nearby the monument.

(d) Facilities of access to the people or His Majesty's Government or the person assigned by the owner of the monument for the protection or inspection of the monument.

(e) If the land, where the monument is located at, is to be sold, it is to be given to His Majesty's Government on a price as determined by consensus.

(f) Official to be appointed by His Majesty's Government for hearing the case arising from the deed of responsibility.

6. Local Office- Chief is to give statement of the archaeological objects located within his Jurisdictional area:
Local Office- Chiefs of the capital and outside the capital of the country shall, by investigating the archaeological objects located within their jurisdictional area, forward the details of such objects, to the chief archaeology officer for the preservation of such objects.

* Amended by Ancient Monument Preservation (Fifth Amendment) Act, 2052.
** Amended by Ancient Monument Preservation (Third Amendment) Act, 2052.
*** Amended by Ancient Monument Preservation (Fifth Amendment) Act. 2052.

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