| Chapter -4
Miscellaneous
4.1 Approval of the Department has to be obtained
:
4.1.1 Pursuant to Sub- section (5) of Section 3
of the Act, any person or Association willing to install telephone
and electricity, to dig the land for drinking water and sewerage,
to construct and repair the road, to shoot a film, cinema, to celebrate
festival and fare, to dance or to park vehicles or to place the
poster and photograph, shall have to submit an application to the
Department, for its approval in format as prescribed in Schedule-
1.
4.1.2 If the application pursuant to Sub- rule
4.1.1 is filled, the Chief Archaeological officer shall, having
done the necessary investigation on the matter, owing to the construction
work pursuant to Sub- rule 4.1.1 is not hampered to the monuments
conserved zone, provide the approval of such work as per the format
of Schedule-2.
4.2 Standards Relating to Construction : The Department
upon taking the advice of Technical Committee, paying an attention
of the value of such zones prescribing the style and necessary standards,
shall post the notice in the notice board of concerned zone as an
public notice relating to the construction of house or building
in private owned or occupied land within the protected monuments
zone, maintenance as being change in the previous style, alter or
reconstruction of house or building.
4.3 Description of the Archaeological Object :
4.3.1 The Local Officer, within the last day of
Ashad month of each year, shall have to send the description of
the archaeological object remained in his working District upon
filling the form provided in Schedule-3, and if possible, the photographs
also of those object, to the Chief Archaeology Officer.
4.3.2 If the Local Officer found any information
of finding of any archaeological object in his working District
he shall have to fill the description of such object in the form
as prescribed in Schedule -4within 35 days from the date of finding
of such object, and, if possible, the photograph of such project
also shall have to send to the Chief Archaeology Officer.
4.3.3 The Chief Archaeology Officer shall have to conserve the archaeological
object, if the description pursuant Sub-rule 4.3.1 or Sub-rule 4.3.2
been recovered.
4.4 Approval of Archaeological Excavation:
4.4.1 Any person or association willing to excavate
on the area of ancient monuments zone shall have to submit an application
in a format as provided in Schedule-5,to the Department for approval
of His Majesty's Government.
4.4.2 If the application pursuant to Sub-rule 4.4.1
is filed, the Department shall, upon making necessary investigation
and if the reasons to provide the approval seem to be genuine, submit
send to His Majesty's Government, *Ministry of Youths, Sports and
Culture, with recommendation for excavating and the approval shall
have to province in format as prescribed in Schedule-6, if it is
so decided.
*4.5 Maintenance and Renovation of Ancient Monuments:
4.5.1 While performing the maintenance and renovation
of the ancient monuments, it has to be performed or causes to be
performed in research oriented way and preserving the originality,
delicacy of the monuments and art and culture of the monuments.
4.5.2 While performing or cause to be performed
the maintenance and renovation work of the ancient monuments by
the tender system pursuant
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* Inserted by the Ancient Monuments Conservation
(First Amendment) Rules, 2049
to the Rules Relating to Financial Administration, 2042 B.S.(1985
A.D.) the Department may perform or cause to perform such works
by quotation or in wages basis from the person or Firm, who has
the experience of ancient monuments, if it cannot be perform according
to the intention of Sub-rule 4.5.1, or if there are possibilities
of ruin down or may ruin - down the monuments,
While performing or cause to be performed the maintenance
and renovation work by quotation or force account pursuant to sub-
rule 4.5.2, the Department, upon publish in the public notice in
Gorkhapatra, may invite application from the person or Firm, who
has the knowledge of ancient monuments, and the Maintenance and
Renovation Procedures Assessment Committee pursuant to sub- rule
4.6.1, shall decide the Pre- qualification of a person or a firm,
who has submitted such application.
* 4.6. Maintenance and Renovation Procedures Assessment
Committee :
4.6.1 To Carry out the function of maintenance and renovation of
ancient monuments pursuant to Rules 5, His Majesty's Government
shall constitute the following Maintenance and Renovation procedure:
4.6.1.1 The Director General, Department of Archaeology
---- Coordinator
4.6.1.2 The Representative, Architect (Gazetted
2nd class),
Department of Building ---- Member
4.6.1.3 The Divisional Engineer, Department of Archaeology ----
Member
4.6.1.4 The Representative,
(Officer Level) Office of the Account
Comptroller - General ---- Member
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* Inserter Ted by the Ancient Monument Conservation (First Amendment)
Rules, 2049
* Inserted by the Ancient Monuments Conservation (First Amendment)
Rules, 2049
4.6.1.5 The Chief, Archaeological and
Maintenance Section, Department of Archaeology ---- Member
4.6.2 The Maintenance and Renovation Procedures Assessment Committee
may determine the procedures relating to its meeting by itself.
*4.7. Special Wages and Price Assessment Committee:
4.7.1 His Majesty's Government shall constitute
a Special Wages and Price Assessment Committee comprising the following
office bearers:–
4.7.1.1 The Chief Investigation Officer ---- Chairman
4.7.1.2 The Senior Divisional Engineer, Department
of Building ---- Member
4.7.1.3 The Representative, (Officer Level) Office
of the Account Comptroller General ---- Member
4.7.1.4 The Representative (Officer Level), District Administration
Office, Kathmandu ---- Member
4.7.1.4 The senior divisional Engineer, Department of Archaeology
------ Member-Secretary
4.7.2 The procedures relating to the meeting of
the Committee as constituted by Rule 4.7.1 shall be as decided by
the committed itself.
* 4.8 The Functions, Duties and Rights of the Special
Wages and price Assessment Committee :
4.8.1 The functions, duties and rights of the Special Wages and
price Assessment Committee relating to maintenance, renovation and
reconstruction of ancient monuments, other than the standards prescribed
by His Majesty's Government, Department of Building, shall be as
follows :-
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*Inserted by the Ancient Monument Conservation (First Amendment)
Rules, 2049
4.8.1.1 To decide the amount of special wages to be provided to
labor and carpenter, while performing the maintenance, renovation,
reconstruction of ancient monuments .
4.8.1.2 To decide the price of the traditional construction materials
required for maintenance, renovation and reconstruction of ancient
monuments.
4.8.1.3 To decide the number of Labor and Carpenter required for
maintenance, renovation and reconstruction of ancient monuments.
4.9 Meeting Allowance : The members of various
Committees or sub- committees constituted pursuant to these Rules
shall be entitled to receive the meeting allowances as prescribed
by the Department for their participation in meeting.
Provided that, Department shall, before prescribing
the meeting allowance, have to obtain the consent of the Ministry
of Culture, Tourism and Civil Aviation.
4.10 Ancient Monuments Conservation Fund :
4.10.1 In order to conserve the ancient monuments from the historical
and artistic point of view there shall be an Ancient Monuments Conservation
Fund.
4.10.2 The following amounts shall be deposited
in the fund :-
4.10.2.1 Amount received from His Majesty's Government.
4.10.2.2 Amount received as donation or grant from any person or
organization.
4.10.2.3 Amount received from international organisation, foreign
government or a person.
4.10.2.4 Amount received as a fee while shooting motion picture,
telefilm, documentary film etc. within the conserved monument zone.
4.10.2.5 Amount raised from entrance fee or other fees for entrance
into the monument zone.
4.10.2.6 Amount received from selling of books or booklets, magazines
and posters etc. to be published by the Department.
4.10.3 Amounts deposited in the fund shall be
expended for renovation and conservation of the private and public
monuments considered as valuable from the historical, artistic,
architectural, religious and cultural point of view.
Provided that, if any amount is received for any particular monument
such an amount shall be expended for the renovation and conservation
of such particular monument.
4.10.4 The account of the income and expenditure
of the fund shall be maintained in accordance with prevailing laws
and shall to be audited by the office of Auditor General or the
auditor as designated by the said Office.
4.11 Fund Operation Committee :
4.11.1. In order to operate the fund for the purpose
of sub-rule 4.10.3 of rule 4.10 there shall be a Fund Operation
Committee comprising as follows :-
4.11.1.1 The Secretary, Ministry of Youth, Sports
and Culture ---- Chairperson
4.11.1.2 The Director general, Department ---- Member
4.11.1.3 The Representative, Central Teaching Department of Culture
and Archaeology, Tribhuvan University ----- Member
4.11.1.4 A person nominated by His Majesty's Government from among
the persons involved in non- governmental organizations working
in the field of conservation of ancient monuments ------ Member
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* Inserted by the Ancient Monuments Conservation (Second Amendment)
Rules, 2053.
4.11.2. The term of the office of the person nominated
in accordance with sub- rule 4.11.1.5 shall be for one year. He
may be re-nominated for another one term.
4.11.3. The amount of the fund shall be deposited in any commercial
bank by opening an account as prescribed by the Fund Operation Committee.
Such account shall be operated by Joint signature of, the Director
General of the Department and an officer of the Department as prescribed
by the Fund Operation Committee.
4.11.4. The Department may nominate any officer
to carry out the work of the secretary of the Fund Operation Committee.
4.12 Provision Concerning to Film Shooting Within
the Conserved Monuments Zone :
4.12.1 The national or foreign person willing to
shoot out a motion picture, telefilm, documentary etc.
4.12.2 While obtaining the approval of the Department
under rule 4.12.1 an application shall have to submit to the Department
along with the fee as prescribed in schedule-7.
4.12.3 While submitting an application to the Department
in accordance with sub- rule 4.12.2, a copy of the story or script
of the motion picture, telefilm, documentary etc shall also have
to submit.
4.12.4 In case the conserved monuments zone to
be used for shooting is under private ownership, permission of the
operator of such mounded zone shall also have to obtain.
4.12.5 Not with standing anything contained elsewhere
in these Rules, while shooting in order to support the business
under the programme and policy of His Majesty's Government or for
the public welfare organization with non- profit making objective,
His Majesty's Government may exempt the fee as prescribed in schedule-
7.
4.13 To Invite Representative While Censoring the
Film :
While censoring a motion picture, telefilm, documentary under prevailing
law if the motion picture, telefilm, documentary has been shooted
within the conserved monuments zone, invitation shall be given to
officer representative of the Department, and if the shooted scene
are found contrary to the approval, such scene may be removed.
Schedule-1
(Relating to Sub-rule 4.1.1)
Schedule-2 (Relating to Sub-rule 4.1.2)
Schedule-3 (Relating to Sub- rule 4.3.1)
Schedule-4 (Relating to Sub- rule 4.3.1)
Schedule-5 (Relating to Sub- rule 4.4.1)
Schedule-6 (Relating to Sub- rule 4.4.2)
Schedule -7
(Relating to sub- rule 4.12.2)
The Fee to be Paid While Shooting a Film
1. Two thousand rupees for each feature film to be produced by a
Nepalese Citizen or any Organization.
2. Five hundred Rupees for each telefilm, documentary or motion
picture to be used for advertisement to be produced by a Nepalese
Citizen or any Organization.
3. Three hundred US dollars or equivalent Nepalese Rupees for each
feature film to be produced by a foreign national or Organization.
4. One hundred US dollars or equivalent Nepalese Rupees for telefilm,
documentary or motion picture to be used for advertisement to be
produced by a foreign national or organization.
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*Inserted by the Ancient Monuments Conservation
(Third Amendment) Rules, 2056.
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