Ancient Monuments Preservation Rules 2046 (1989)

His Majesty's Government in exercise of the power conferred by Section 21 of the Ancient Monuments Preservation Act, 2013 (1956) has framed the following rules.

Chapter -1
Preliminary

1. Short Title and Commencement:
1.1.1 These Rules may be called " Ancient Monuments Preservation Rules, 2046 (1989).
1.1.2 These Rules shall come into force at once

1.2 Definitions :
1.2.1 Unless the subject or context otherwise requires, in these Rules-
1.2.1.1 "Act" means the Ancient Monuments Preservation Act, 2013 (1956).
1.2.1.2 "Department" means His Majesry's Government, Department of Archaeology.
1.2.1.3 "Technical Committee" means the Technical, Committee as constituted by Rule 2.1.
1.2.1.4 "Co- operation Committee" means the Ancient Monuments Co- operation Committee as constituted by Rule 3.1.
*1.2.1.5 "Classification Committee" means the Ancient Monuments Survey and Classification Committee constituted under Rule 2.3.
*1.2.1.6 " Fund" means the Ancient Monuments Conservation Fund established under Rule 4.10.

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* Inserted by the Ancient Monument conservation (Third Amendment) Rules, 2056.

Chapter -2
Technical Committee

2.1.1. Constitution of the Technical Committee:

2.1.1 The following Technical Committee has been constituted ? to advice the Department on the style and standard of the house to constructed in the land under private ownership within the Protected Monument Zone:

2.1.1.1 The Technical Officer, prescribed by the Department --- Chairperson
2.1.1.2 The Representative, Department of Building --- Member
2.1.1.3 The Representative, Department of Housing and
Town Development --- Member
2.1.1.4 The Representative, Kathmandu Valley Town
Development Programme Execution Committee --- Member
2.1.1.5 An Architect, appointed by the Department --- Member
2.1.1.6 An Officer, appointed by the Department --- Member Secretary

2.1.2 The Technical Committee may invite to any national or international expert or advisor or any officer of His Majesty's Government as an observer at its meeting.
2.1.3 The meeting of the Technical Committee shall be held as required.
2.1.4 The Technical Committee may determine other procedures relating to its meeting by itself.

2.2 Functions, Duties and Rights of the Technical Committee:

2.2.1 Upon deciding the style and standards of houses buildings or other constructions constructed in privately owned and occupied land, within the Protected Monument Zone, it shall be the duty of the Technical Committee to give advise to the Department of Archaeology.

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* Substituted by the Ancient Monument conservation (Third Amendment) Rules, 2056.

2.2.2 If the Technical Committee deems necessary, it may constitute the Sub committees to carry out any specific function, from the functions stipulated in Sub- rules 2.2.1, and in such sub committee there shall be Members as appointed by the Technical Committee.

2.2.3 The Sub-committee, to be constituted by Sub- rule 2.2.2, shall carry out its functions applying the right as prescribed by the Technical Committee.
* 2.3. Ancient Monuments Survey and Classification Committee :

2.3.1 In order to survey and classify the ancient monuments, the following Classification Committee has been constituted.

2.3.1.1 The Director General, Department ---- Co-ordinator

2.3.1.2 The Department Chief, Centeral Teaching
Department of Nepalese history,and Culture,
Tribhuvan University ---- Member

2.3.1.3 The Department Chief, Department of Architecture
Institute of Engineering, Tribhuvan University ---- Member

2.3.1.4 The Administrator, Guthi Sansthan ---- Member

2.3.1.5 Two persons designated by His Majesty's
Government from among the experts related
with the field of Survey and Classification of
ancient monument- Member ---- Member
2.3.1.6 The representative, Monastry Management
and Development Board ---- Member
2.3.1.7 An officer, appointed by the Depatment ---- Member secretary

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* Inserted by the Ancient Monument Conservation (Third Amendment) Rules, 2056.

2.3.2 The Classification committee may invite the chairperson of concerned Village Development Committee or the Chief of the Municipality or the representative of the concerned Village Development Committee or Municipality, the national or foreign expert concerned with the field of survey and classification of the ancient monuments or any officer of His Majesty's Government as an observer in the meeting of the Classification Committee.
2056.
2.3.3 The meeting of the Classification Committee shall be held as required.
2.3.4 The Classification Committee may determine other procedures relating to its meeting by itself.

2.4 Functions, Duties and powers of the Classification Committee :

2.4.1. Functions, duties and powers of the Classification Committee shall be as
follows:

2.4.1.1 To prepare the survey report having surveyed the ancient monuments from time to time, in order to advice the Department in relation to the Classification of the ancient monuments from the ownership and importance point of view.

2.4.1.2 Having prepared the criterion of the classification of ancient monuments from the ownership and importance point of view on the basis of survey report prepared in accordance with sub- rule 2.4.1.1 to advise the Department to classify the ancient monuments on the basis of said criterion.

2.4.1.3 In order to prepare the report having surveyed the ancient monuments as referred to in sub- rule 2.4.1.1 to bub- committees as per necessity.

2.4.1.4 To carry out such other necessary functions as prescribed by His Majesty's Government in relation to the servers and classification of the ancient monuments.
2.4.2 The composition, term of the office, functions, duties and powers and other matters of the sub- committees to be formed in accordance with sub- rule 2.4.1.3 shall be as prescribed by the Classification Committee".

Chapter -3

The Ancient Monuments Conservation Co- operation Committee

3.1 The Ancient Monuments Conservation Co- operation Committee

3.1.1 The Department may constitute the Ancient Monuments Conservation Co- operation committee in every conserved monuments zone, to co- operate on conservation of ancient monuments, as follows :

3.1.1.1 An Archaeology Officer, appointed by the Department ----- Co-ordinator

3.1.1.2 * The Chairman or Chief of concerned Village
Development Committee or Municipality ----- Member
3.1.1.3 The Representative, Guthi Sansthan, and if,
There is no local office of Guthi Sansthan,the
representative of the Land Revenue Office ----- Member

3.1.1.4 The Representative, Kathmandu Valley Town
Development Programme Execution Committee
(in Kathmandu Valley ) and in other District,
*Engineer, Housing and Town Development Section

3.1.1.5 The Representative, concerned District
Administration Office ----- Member

3.1.1.6 The Representative, concerned District Police Office ----- Member

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* Amended by the Ancient Monument Preservation (First Amendment) Rules, 2049
* Amended by the Ancient Monument Conservation (First Amendment ) Rules, 2049.

3.1.1.7 The Representative, Ministry of Tourism
and Civil Aviation (for Kathmandu Valley) ----- Member

3.1.1.8 The Chief of the Palace maintenance office under
the Department, if there are such office ------- Member
3.1.1.9 An Architect, appointed by the Department ------- Member

3.1.2 The Department may change or alter the Member of the Co operation Committee as per necessity.
3.1.3 The Co- operation Committee may invite to any national or international expert or advisor or any officer of His Majesty's Government at its meeting, as an observer.
3.1.4 The meeting of the Co- operation Committee shall be held as required.
3.1.5 The Co- operation Committee may determine the other procedures relating to its meeting by itself.

3.2Functions, Duties and Right of the Co- operation Committee:

3.1.6 To conserve the ancient monuments of the Protected Monuments Zone, to preserve the environment of the Protected Monuments Zone, and to co- operate in the functions of clearing and maintenance shall be the duties of the Co- operation Committee.

3.1.7 To advise the Department of Archaeology about maintenance of originality and ancientness of the monuments zone shall be the duty of the committee.

3.1.8 The Co- operation Committee may constitute various Sub committees from its Member to carry out its functions.

3.1.9 The functions, duties and rights of the Sub- committee, to be constituted by Sub- ruled 3.2.3, shall be as prescribed by the Co- operation Committee.

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