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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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