* 7. The Ancient Monuments or Archaeological Objects of Private Ownership may be Taken : (1) If any person causes loss or damage to the ancient monuments or archaeological objects under the private ownership or attempts to deface them, the Department of archaeology may, by making the payment of the price fixed by a meeting of local gentlemen (Panchakirte mol), take such monuments or objects. The concerned person may conserve them having executed a deed at the Department of archaeology, to the effect that he would conserve such ancient monuments or archaeological objects as usual as prescribed by the Department.

(2) If the concerned person does not conserve such ancient monuments or archaeological objects even after execution of the deed pursuant to sub- section (1) the Department of archaeology may take such ancient monuments or archaeological objects in its control without paying any price.

** 8. Excavation not Allowed for the preservation of the ancient monument:

(1) For the Preservation of the ancient monument, If His Majesty's Government deems necessary to control the work of trenching a tunnel or blasting of land by explosives around the place of the ancient monument, may, by a notification published in the Nepal Gazette, restrict to trench a tunnel or blasting of land by explosives.

(2) A person who violates sub- section (1) , shall be punished with a fine upto ten thousand rupees or with an imprisonment upto one and half year.

* Substituted by Ancient Monument Preservation (Fifth Amendment ) Act, 2052
** Amended by the Ancient Monument / Preservation (Third Amendment) Act, 2043.

9. Protection of Shrines and Temples:
His Majesty's Government may make necessary arrangements to the prevention from misuse or any kind of ill- treatment of places of archaeological importance or pilgrimage or temples which are under the supervision of His Majesty's Government under this Act.
10. Power to enter into ancient places or places of historical artistic or religious importance:
Any person willing to enter into an ancient place or a place of historical, artistic or religious importance which is under the supervision of His Majesty's Government or * under the private ownership may do so without disturbing the religious feeling of the concerned person or the traditional practice.

11. To be fined for improper restriction:
Any one, who imposes improper restrictions on others from entering into the places mentioned in Section (10), shalll be punished with a fine upto
# five hundred rupees.

** 12. Punishment
Any one, who does the following works regarding any ancient monument or any archaeological object *** which is under the custody of His Majesty's Government pursuant to this Act or in regard to which the deed of responsibility pursuant to Section 5 has been entered into shall be punished as follows :–
(a) One who destroys, demolishes, removes, alters, defaces or steals ¥ having realized an amount equal to the claimed amount of such Ancient monument shall be punished with a fine of twenty- five thousand rupees to one hundred thousand rupees or with an imprisonment of five years to fifteen years or both.

* Amended by Ancient Monument Preservation (Fifth Amendment ) Act, 2052.
** Amended by Ancient Monument Preservation (Third Amendment) Act, 2043.
*** Inserted by Ancient Monument Preservation (Fourth Amendment ) Act, 2044.
¥ Inserted by Ancient Monument (Fifth Amendment) Act, 2052

(b) One who uses the ancient monument in an unauthorized way or harms it by any other means * having realized an amount equal to the claimed amount of such ancient monument shall be punished with a fine up to twenty- five thousand rupees or with an imprisoment up to five years or both.

** (c) One who destroys, demolishes, defaces, steals or removes or alters unauthorized or causes harm to the archaeological object by any other means, *having realized on amount equal to the claimed amount of such archaeological objects shall be punished with affine a five- thousand rupees to one hundred thousand rupees or with an inprisonment up to five years or both.

*** 13. Restriction on transfer, transaction, export or collection of ancient monument and archaeological object or curio

(1) An historical, archaeological or artistic object as prescribed by His Majesty's Government by a notification published in the Nepal Gazette shall not be exported from the kingdom of Nepal or transferred from one place to another even within the kingdom of Nepal. If it is to be transferred to any place, prior approval of His Majesty's Government shall be taken. Provided that it shall not be deemed as putting any obstruction to export or transfer from one place to another within the kingdom of Nepal or to store at some place any curio approved and marked by His Majesty's Government pursuant to Sun- Section (3).

(2) If a person or an institution has, in its personal, traditional or ancestral

* Inserted by Ancient Monument Preservation (Fifth Amendment ) Act, 2052.
** Inserted by Ancient Monument Preservation (Fourth Amendment ) Act, 2044.
*** Amended by Ancient Monument Preservation (Second Amendment) Act, 2027.

Collections, any archaeological object of more than one hundred years, the owner of such collections shall have to register such object in a prescribed office within a prescribed time as prescribed by His Majesty's Government in a notification published in the Nepal Gazette.
* Provided that it is not necessary under this sub- section to register the ideal of family Gods(Kul Devata).

** (2A) In cases any person or organization does not register the archaeological objects at the concerned office within the time- limit referred to in sub- section (2), the office may give a time - limit of thirty five days to such person or organization having stipulated there in that if the fine to be paid pursuant to sub-section (2) has been paid, such archaeological objects may be registered.
** (2B) If any person or organization brings the archaeological objects he or it is having for registration at the concerned office within the time- limit given under sub-section (2A), the office shall register those objects having imposed a fine ranging from five hundred rupees to five thousand rupees. If any one does not get the archaeological objects registered in the time- limit so given, the Department of Archaeology may, on the recommendation of the concerned office, take the Archaeological objects without paying the price.
(3) Any person or an institution, willing to produce or transact in curio or is producing or transacting in curio shall hold license by registering the owner's name within the prescribed time in the office as prescribed by His Majesty's Government by a notification published in the Nepal Gazette and each curio so produced shall have been marked as approved by His Majesty's Government along with the name of the seller.

* Inserted by Ancient Monument Preservation (Fifth Amendment ) Act, 2052.
** Inserted by Ancient Monument Preservation (Fifth Amendment ) Act, 2052
(4) The buyer of the curio also shall buy only the curio marked as approved pursuant to Sub- Section (3).

(5) Any person or an employee of an institution, who violates or attempts to violate the provisions of Sub - Sections (1) , (2), (3) and (4) shall be punished with a fine up to twenty –five thousand rupees or up to five years imprisonment or both and the object relating to the crime shall be confiscated.

(6) If it is deemed necessary to check as to whether the provisions of this Act are followed or not, the Local Office- Chief or the official as prescribed by His Majesty's Government by a notification published in the Nepal Gazette may enter with warrant and search the shop or museum where the ancient monument or archaeological objects and ancient handicrafts are transacted or the shop or factory where the curio is transacted produced, or the go down, house or vehicle where such objects are stored, and may arrest and keep in custody person who is alleged to have committed the crime. The official, who hears the case, shall have the right to issue warrant under this Sub–Section.

(7) If some one gives information to the concerned official about the crime committed or attempt made to commit the crime under this section and in consequence if the accused is arrested and found guilty, the person who furnished the information, shall be entitled to get ten percent of the fine imposed on the accused.

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