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Qutub Minar

India was invaded by foreigners at different times in past, repeatedly. Thereby all glorious history, culture and heritage of India got distorted time and again by such invasion. ‘Qutbminar’ which had been named after sultan Qutubuddin Ibec was claimed to be on 1232  in Mehruli near Delhi as prehistorical data available post independent Indian history. It may be mentioned that India was also invaded in 1206 by Sultan Qutubuddin who established Slave dynasty in India and set up Qutb Minar.

It is equally interesting to note that in Arabic term Qutb Minar stands for astromical tower. It has been established beyond doubt that there had been an imperical study centre of astronomy located at ‘Mihirawali’ in ancient India during the golden age of the Guptas  [literary renaissana (380-413AD)] when Chandragupta ll Vikramaditya was in throne and Barahamihir astronomist along  with other eight gewels associated his court. After the name of Barahamihir the locality was known to be Mihirawali which has been subsequently renamed as Mlhruli where the ancient old astronomical tower and observatory pole was situated.

It is also noted that all the 27 pavilions dedicated to 27 constellation of the Zodiac got destroyed subsequetly the invaders during the invasion in 1206. From an inscription of the Sultan, It is learnt that he never raised any tower and the ravaged temple got re-named as Kuwat – ul – Islam Mosque.

Almost all the dislodged stones and bricks of the ancient tower bear the numerous Vedic images in one side while Arabic lettering on the other.Bits of inscription in sanskrit would still decipher upon those pillars Althrough disfingured there are some Vedic images still adorn the cornices. The bond of sculptured decorations on the wall and also on pillars bear so many signs of tampering beeing committed by the people interested after such invasion.

Again either side of the entrance of the tower also exhibits the flower lotus – an emblem of Vedic Hindu Culture. The entrance to the towers is facing North (very akin to Hindu Vedic Culture). All this amply established and ascertained the fact that this astronomical tower with all 27 pavilions was built long long earlier to invasion so made in 1206. Sir Sayyead Ahmed Khan a staunch critic, historian and scholar has also admitted these facts in truest spirit and right earnest.

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  1. THE ANCIENT MONUMENTS AND ARCHAEOLOGICAL
    SITES AND REMAINS ACT, 1958
    Act NO.24 OF 1958
    [28th August, 1958]
    An Act to provide for the preservation of ancient and historical monuments and archaeological site and remains of national importance, for the regulation of archaeological excavations and for the protection of sculptures, carvings and other like objects.

    BE it enacted by Parliament in the Ninth Year of the Republic of India as follows:-
    PRELIMINARY

    1.Short title, extent and commencement.- (1) This Act may be called the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

    (2) It extends to the whole of India, but sections 22, 24, 25 and 26 shall not apply to the State of Jammu and Kashmir.

    (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

    2.Definitions.- In this Act unless the context otherwise requires-,

    (a) “ancient monuments” means any structure, erection or monument, or any tumulus or place of interment, or any cave, rock-sculpture, inscription or monolith, which is of historical, archaeological or artistic interest and which has been in existence for not less than one hundred years, and includes-

    (i) the remains of an ancient monument.
    (ii) the site of an ancient monument,
    (iii) such portion of land adjoining the site of an ancient monument as may be required for fencing or covering in or otherwise preserving such monument, and
    (iv) the means of access to, and convenient inspection of, an ancient monument;

    (b) “antiquity” includes-

    (i) any coin, sculpture , manuscript, epigraph, or other work of art or craftsmanship.
    (ii) any article, object or thing detached from a building or cave,
    (iii) any article, object or thing illustrative of science, art, crafts, literature, religion, customs, morals or politics in bygone ages,
    (iv) any article, object or thing of historical interest, and
    (v) any article, object or thing declared by the Central Government, by notification in the Official Gazette, to be an antiquity for the purposes of this Act.

    which has been in existence for not less than one hundred years;
    (c) “archaeological officer” means an officer of the Department of Archaeology of the Government of India not lower in rank than Assistant Superintendent of Archaeology;

    (d) “archaeological site and remains” means any area which contains or is reasonably believed to contain ruins or relics of historical or archaeological importance which have been in existence for not less than one hundred years, and includes-

    (i) such portion of land adjoining the area as may be required for fencing or covering in or otherwise preserving it, and
    (ii) the means of access to, and convenient inspection of, the area;

    (e) “Director-General” means the Director-General of Archaeology, and includes any officer authorised by the Central Government to perform the duties of the Director-General;

    (f) “maintain, with its grammatical variations and cognate expressions, includes the fencing, covering in, repairing, restoring and cleansing of a protected monument, and the doing of any act which may be necessary for the porpoise of preserving a protected monument or of securing convenient access thereto;

    (g) “owner” includes-

    (i) a joint owner invested with powers of management on behalf of himself and other joint owners and the successor-in-title of any such owner; and
    (ii) any manager or trustee exercising powers of management and the successor-in-office of any such manager or trustee;

    (h) “prescribed” means prescribed by rules made under this Act;

    (i) “protected area” means any archaeological site and remains which is declared to be of national importance by or under this Act;

    (j) “rotected monument” means an ancient monument which is declared to be of national importance by or under this Act.

    ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS
    OF NATIONAL IMPORTANCE

    3.Certain ancient monuments, etc., deemed to be of national importance.- All ancient and historical monuments and all archaeological sites and remains which have been declared by the Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951 (71 of 1951), or by section 126 of the States Reorganisation Act, 1956 (37 of 1956), to be of national importance shall be deemed to be ancient and historical monuments or archaeological sites and remains declared to be of national importance for the purposes of this Act.

    4.Power of Central Government to declare ancient monuments, etc., to be of national importance.- (1) Where the Central Government is of opinion that any ancient monument or archaeological site and remains not included in section 3 is of national importance, it may, by notification in the official Gazette, give two months’ notice of its intention to declare such ancient monument or archaeological site and remains to be of national importance; and a copy of every such notification shall be affixed in a conspicuous place near the monument or site and remains, as the case may be.

    (2) Any person interested in any such ancient monument or archaeological site and remains may, within two months after the issue of the notification, object to the declaration of the monument, or the archaeological site and remains, to be of national importance.

    (3) On the expiry of the said period of two months, the Central Government may after considering the objections, if any, received by it, declare by notification in the Official Gazette, the ancient monument or the archaeological site and remains, as the case may be, to be of national importance.

    (4) A notification published under sub-section (3) shall, unless and until it is withdrawn, be conclusive evidence of the fact that the ancient monument or the archaeological site and remains to which it relates is of national importance for the purposes of this Act.

    PROTECTED MONUMENTS
    5.Acquisition of rights in a protected monument.- (1) The Director-General may, with the sanction of the Central Government, purchase, or take a lease of, or accept a gift or bequest of, any protected monument.

    (2) Where a protected monument is without an owner, the Director-General may, by notification in the Official Gazette, assume the guardianship of the monument.

    (3) The owner of any protected monument may, by written instrument, constitute the Director-General the guardian of the monument, and the Director-General the guardian of the monument, and the Director-General may, with the sanction of the Central Government, accept such guardianship.

    (4) When the Director-General has accepted the guardianship of a monument under sub-section (3), the owner shall, except as expressly provided in this Act, have the same estate, right, title and interest in and to the monument as if the Director-General had not been constituted a guardian thereof.

    (5) When the Director-General has accepted the guardianship of a monument under sub-section (3), the provisions of this Act relating to agreements executed under section 6 shall apply to the written to agreements executed under the said sub-section.

    (6) Nothing in this section shall affect the use of any protected monument for customary religious observations.

    6.Preservation of protected monument by agreement.- (1) the Collector, when so directed by the Central Government, shall propose to the owner of a protected monument to enter into an agreement with the Central Government within a specified period for the maintenance of the monument.

    (2) An agreement under this section may provide for all or any of the following matters, namely:-

    (a) the maintenance of the monument:

    (b) the custody of the monument and the duties of any person who may be employed to watch it;

    (c) the restriction of the owner’s right-

    (i) to use the monument for any purpose,
    (ii) to charge any fee for entry into, or inspection of, the monument,
    (iii) to destroy, remove, alter or deface the monument, or
    (iv) to build on or near the site of the monument;

    (d) the facilitates of access to be permitted to the public or any section thereof or to archaeological officers or to persons deputed by the owner or any archaeological officer or the Collector to inspect or maintain the monument;

    (e) the notice to be given to the Central Government in case the land on which the monument is situated or any adjoining land is offered for sale by the owner, and the right to be reserved to the Central Government to purchase such land, or any specified portion of such land, at its market value;

    (f) the payment of any expenses incurred by the owner or by the Central Government in connection with the maintenance of the monument;

    (g) the proprietary or other rights which are to vest in the Central Government in respect of the monument when any expenses are incurred by the Central Government in connection with the maintenance of the monument;

    (h) the appointment of an authority to decide any dispute arising out of the agreement; and

    (i) any matter connected with the maintenance of the monument which is a proper subject of agreement between the owner and the Central Government.

    (3) The Central Government or the owner may, at any time after the expiration of three years from the date of execution of an agreement under this section, terminate it on giving six months’ notice in writing to the other party:
    Provided that where the agreement is terminated by the owner, he shall pay to the Central Government the expenses, if any, incurred by it on the maintenance of the monument during the five years immediately preceding the termination of the agreement or, if the agreement has been in force for a shorter period, during the period the agreement was in force.

    (4) An agreement under this section shall be binding on any person claiming to be the owner of the monument to which it relates, from, through or under a party by whom or on whose behalf the agreement was executed.

    7.Owners under disability or not in possession.- (1) If the owner of a protected monument is unable, by reason of infancy or other disability, to act for himself, the person legally competent to act on his behalf may exercise the powers conferred upon an owner by section 6.

    (2) In the case of village property, the headman other village-officer exercising powers of management over such property may exercise the powers conferred upon an owner by section 6.

    (3) Nothing in this section shall be deemed to empower any person not being of the same religion as the person on whose behalf he is acting to make or execute an agreement relating to a protected monument which or any part of which is periodically used for the religious worship or observances of that religion.

    8.Application of endowment to repair a protected monument.- (1) If any owner or other person competent to enter into an agreement under section 6 for the maintenance of a protected monument refuses or fails to enter into such an agreement, and if any endowment has been created for the purpose of keeping such monument in repair or for that purpose among other, the Central Government may institute a suit in the court of the district judge, or, if the estimated cost of repairing the monument does not exceed one thousand rupees, may make an application to the district judge, for the proper application of such endowment or part thereof.

    (2) On the hearing of an application under sub-section (1), the district judge may summon and examine the owner and any person whose evidence appears to him necessary and may pass an order for the proper application of the endowment or of any part thereof, and any such order may be executed as if it were a decree of a civil court.

    9.Failure or refusal to enter into an agreement.- (1) If any owner or other person competent to enter into an agreement under section 6 for the maintenance of a protected monument refuses or fails to enter into such an agreement, the Central Government may make an order providing for all or any of the matters specified in sub-section (2) of section 6 and such order shall be binding on the owner or such other person and on every person claiming title to the monument from, through or under, the owner or such other person.

    (2) Where an order made under sub-section (1) provides that the monument shall be maintained by the owner or other person competent to enter into an agreement all reasonable expenses for the maintenance of the monument shall be payable by the Central Government.

    (3) No order under sub-section (1) shall be made unless the owner or other person has been given an opportunity of making a representation in writing against the proposed order.

    10.Power to make order prohibiting contravention of agreement under section 6.- (1) If the Director-General apprehends that the owner or occupier of a protected monument intends to destroy, remove, alter, deface, imperil or misuse the monument or to build on or near the site thereof in contravention of the terms of an agreement under section 6, the Director-General may, after giving the owner or occupier an opportunity of making a representation in writing, make an order prohibiting any such contravention of the agreement:
    Provided that no such opportunity may be given in any case where the Director-General, for reasons to be recorded, is satisfied that it is not expedient or practicable to do so.

    (2) Any person aggrieved by an order under this section may appeal to the Central Government within such time and in such manner as may be prescribed and the decision of the Central Government shall be final.

    11.Enforcement of agreements.- (1) If an owner or other person who is bound by an agreement for the maintenance of a monument under section 6 refuses or fails within such reasonable time as the Director-General may fix, to do any act which in the opinion of the Director-General is necessary for the maintenance of the monument, the Director-General may authorise any person to do any such act, and the owner or other person shall be liable to pay the expenses of doing any such act or such portion of the expenses as the owner may be liable to pay under the agreement.

    (2) If any dispute arises regarding the amount of expenses payable by the owner or other person under sub-section (1), it shall be referred to the Central Government whose decision shall be final.

    12.Purchasers at certain sales and persons claiming through owner bound by instrument executed by owner.- Every person who purchases, at a sale for arrears of land revenue or any other public demand, any land on which is situated a monument in respect of which any instrument has been executed by the owner for the time being under section 5 or section 6, and every person claiming any title to a monument from, through or under, an owner who executed any such instrument, shall be bound by such instrument.

    13.Acquisition of protected monuments.- If the Central Government apprehends that a protected monument is in anger of being destroyed, insured, misused, or allowed to fall into decay, it may acquire the protected monument under the provisions of the Land Acquisition Act, 1894 (1 of 1894), as if the maintenance of the protected monument were a public purpose within the meaning of that Act.

    14.Maintenance of certain protected monuments.- (1) The Central Government shall maintain every monument which has been acquired under section 13 or in respect of which any of the rights mentioned in section 5 have been acquired.

    (2) When the Director-General has assumed the guardianship of a monument under section 5, he shall, for the purpose, of maintaining such monument, have access to the monument at all reasonable times, by himself and by his agents, subordinates and workmen, for the purpose of inspecting the monument and for the purpose of bringing such materials and doing such acts as he may consider necessary or desirable for the maintenance thereof.

    15.Voluntary contributions.- The Director-General may receive voluntary contributions towards the cost of maintaining a protected monument and may give orders as to the management and application of any funds so received by him;
    Provided that no contribution received under this section shall be applied to any purpose other than the purpose for which it was contributed.

    16.Protection of place of worship from misuse, pollution or desecration.- (1) A protected monument maintain by the Central Government under this Act which is a place of worship or shrine shall not be used for any purpose inconsistent with its character.

    (2) Where the Central Government has acquired a protected monument under section 13, or where the Director-General has purchased, or taken a lease or accepted a gift or bequest or assumed guardianship of, a protected monument under section 5, and such monument or any part the derives used for religious worship or observances by any community, the Collector hall make due provisions for the protection of such monument or part thereof, from pollution or desecration-

    (a) by prohibiting the entry therein, except in accordance with the conditions prescribed with the concurrence of the persons, if any, in religious charge of the said monument or part thereof, of any person not entitled so to enter by the religious usages of the community by which the monument or part thereof is used, or

    (b) by taking such other action as he may think necessary in this behalf.

    17.Relinquishment of Government rights in a monument.- With the sanction of the Central Government, the Director-General may,-

    (a) where rights have been acquired by the Director-General in respect of any monument under this Act by virtue of any sale, lease, gift or will, relinquish, by notification in the Official Gazette, the rights so acquired to the person who would for the time being be the owner of the monument if such rights had not been acquired; or

    (b) relinquish any guardianship of a monument which he has assumed under this Act.
    18.Right of access to protected monuments.- Subject to any rules made under this Act, the public shall have a right of access to any protected monument.

    PROTECTED AREAS
    19.Restrictions on enjoyment of property rights in protected areas.- (1) No person, including the owner or occupier of a protected area, shall construct any building within the protected area or carry on any mining quarrying, excavating, blasting or any operation of a like nature in such area, or utilise such area or any part thereof in any other manner without the permission of the Central Government:

    Provided that nothing in this sub-section shall be deemed to prohibit the use of any such area or part thereof for purposes of cultivation if such cultivation does not involve the digging of not more than one foot of soil from the surface.

    (2) The Central Government may, by order, direct that any building constructed by any person within a protected area in contravention of the provisions of sub-section (1) shall be removed within a specified period and, if the person refuses or fails to comply with the order, the Collector may cause the building to be removed and the person shall be liable to pay the cost of such removal.

    20.Power to acquire protected area.- If the Central Government is of opinion that any protected area contains an ancient monument or antiquities of national interest and value, it may acquire such area under the provisions of the Land Acquisition Act, 1894 (1 of 1894), as if the acquisition were for a public purpose within the meaning of that Act.

    ARCHAEOLOGICAL EXCAVATIONS
    21.Excavations in protected areas.- An archaeological officer or an officer authorised by him in this behalf or any person holding a licence granted in this behalf under this Act (hereinafter referred to as the licensee) may, after giving notice in writing to the Collector and the owner, enter upon and make excavations in any protected area.

    22.Excavations in areas other than protected areas.- Where an archaeological officer has reason to believe that any area not being a protected area contains ruins or relies of historical or archaeological importance, he or an officer authorised by him in this behalf may, after giving notice in writing to the Collector and the owner, enter upon and make excavations in the area.

    23.Compulsory purchase of antiquities, etc., discovered during excavation operations.- (1) Where, as a result of any excavations made in any area under section 21 or section 22, any antiquities are discovered, the archaeological officer or the licensee, as the case may be, shall,-

    (a) as soon as practicable, examine such antiquities and submit a report to the Central Government in such manner and containing such particulars as may be prescribed;

    (b) at the conclusion of the excavation operations, give notice in writing to the owner of the land from which such antiquities have been discovered, of the nature of such antiquities.

    (2) Until an orders for the compulsory purchase of any such antiquities is made under sub-section (3), the archaeological officer or the licensee, as the case may be, shall keep them in such safe custody as he may deem fit.

    (3) On receipt of a report under sub-section (1), the Central Government may make an order for the compulsory purchase of any such antiquities at their market value.

    (4) When an order for the compulsory purchase of any antiquities is made under sub-section (3), such antiquities shall rest in the Central Government with effect from the date of the order.

    24.Excavations, etc., for archaeological purposes.- No State Government shall undertake or authorise any person to undertake any excavation or other like operation for archaeological purposes in any area which is not a protected area except with the previous approval of the Central Government and in accordance with such rules or directions, if any, as the Central Government may make or give in this behalf.

    PROTECTION OF ANTIQUITIES
    25.Power of Central Government to control moving of antiquities.- (1) If the Central Government considers that any antiquities or class of antiquities ought not to be moved from the place where they are without the sanction of the Central Government, the Central Government may, by notification in the Official Gazette, direct that any such antiquity or any class of such antiquities shall not be moved except with the written permission of the Director-General.

    (2) Every application for permission under sub-section (1) Shall be in such form and contain such particulars as may be prescribed.

    (3) Any person aggrieved by an order refusing permission may appeal t the Central Government whose decision shall be final.

    26.Purchase of antiquities by Central Government.- (1) If the Central Government apprehends that any antiquity mentioned in a notification issued under sub-section (1) of section 25 is in danger of being destroyed, removed, injured, misused or allowed to fall into decay or is of opinion that, by reason of its historical or archaeological importance, it is desirable to preserve such antiquity in a public place, the Central Government may make an order for the compulsory purchase of such antiquity at its market value and the Collector shall thereupon give notice to the owner of the antiquity to be purchased.

    (2) Where a notice of compulsory purchase is issued under sub-section (1) in respect of any antiquity, such antiquity shall vest in the Central Government with effect from the date of the notice.

    (3) The power of compulsory purchase given by this section shall not extend to any image or symbol actually used for bona fide religious observations.

    PRINCIPLES OF COMPENSATION
    27.Compensation for loss or damage.- Any owner or occupier of land who has sustained any loss or damage or any diminution of profits from the land by reason of any entry on, or excavations in, such land or the exercise of any other power conferred by this Act shall be paid compensation by the Central Government for such loss, damage or diminution of profits.

    28.Assessment of market value or compensation.- (1) The market value of any property which the Central Government is empowered to purchase at such value under this Act or the compensation to be packed by the Central Government in respect of anything done under this Act shall, where any dispute arises in respect of such market value or compensation, be ascertained in the manner provided in sections, 3, 5, 8 to 34, 45 to 47, 51 and 52 of the Land Acquisition Act, 1894 (1 of 1894), so far as they can be made applicable:

    Provided that, when making an enquiry under the said Land Acquisition Act, the Collector shall be assisted by two assessors, one of whom shall be a competent person nominated by the Central Government and one a person nominate by the owner, or, in case the owner fails to nominate an assessor within such reasonable time as may be fixed by the Collector in this behalf, by the Collector.

    (2) Notwithstanding anything contained in sub-section (1) or in the Land Acquisition Act.1894 (1 of 1894), in determining the market value of any antiquity in respect of which an order for compulsory purchase is made under sub-section (3) of section 23 or under quite by reason of its being of historical or archaeological importance shall not be taken into consideration.

    29.Delegation of powers.- The Central Government may, by notification in the Official Gazette , direct that any powers conferred on it by or under this Act shall, subject to such conditions as may be specified in the direction, be exercisable also by-

    (a) such officer or authority subordinate to the Central Government or

    (b) such State Government or such officer or authority subordinate to the State Government,
    as may be specified in the direction.

    30.Penalties.- (1) Whoever-

    (i) destroys, remove, injures, alters, defaces, imperil or misuses a protected monument, or
    (ii) being the owner or occupier of a protected monument, contravenes an order made under sub-section (1) of section 9 or under sub-section (1) of section 10, or
    (iii) removes from a protected monument any sculpture carving, image, bas-relief, inscription, or other like object, or
    (iv) does any act in contravention of sub-section (1) of section 19.
    shall be punishable with imprisonment which may extend to three shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five thousand rupees, or with both.

    (2) Any person who moves any antiquity in contravention of a notification issued under sub-section (1) of section 25 shall be punishable with fine which may extend to five thousand rupees; and the court convicting a person of any such contravention may be order direct such person to restore the antiquity to the place from which it was moved.

    31.Jurisdiction to try offences.- No court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence under this Act.

    32.Certain offences to be cognizable.- Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), an offence under clause (i) or clause (iii) of sub-section (1) of section 30, shall be deemed to be a cognizable offence within the meaning of that Code.

    33.Special provision regarding fine.- Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (5 of 1898), it shall be lawful for any magistrate, of the first class specially empowered by the State Government in this behalf and for any presidency magistrate to pass a sentence of fine exceeding two thousand rupees on any person convicted of an offence which under this Act is punishable with fine exceeding two thousand rupees.

    34.Recovery of amounts due to the Government.- Any amount due to the Government from any person under this Act may, on a certificate issued by the Director-General or an archaeological officer authorised by him in this behalf be recovered in the same manner as an arrear of land revenue.

    35.Ancient monuments, etc., which have ceased to be of national importance.- If the Central Government is of opinion that any ancient and historical monument or archaeological site and remains declared to be of national importance by or under this Act has ceased to be of national importance, it may, by notification in the Official Gazette, declare that the ancient and historical monuments or archaeological site and remains, as the case may be, has ceased to be of national importance for the purposes of this Act.

    36.Power to correct mistakes, etc.- Any clerical mistake, patent error or error arising form accidental slip or omission in the description of any ancient monument or archaeological site and remains declared to be of national importance by or under this Act may, at any time, be corrected by the Central Government by notification in the Official Gazette.

    37.Protection of action taken under the Act.- No suit for compensation and no criminal proceeding shall lie against any public servant in respect of any act done or in good faith intended to be done in the exercise of any power conferred by this Act.

    38.Power to make rules.- (1) The Central Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for carrying out the purposes of this Act.

    (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

    (a) the prohibition or regulation by licensing or otherwise of mining, quarrying, excavating blasting or any operation of a like nature near a protected monument or the construction of buildings on land adjoining such monument and the removal of unauthorised buildings;

    (b) the grant of licences and permissions to make excavations for archaeological purposes in protected areas, the authorities by whom, and the retractions and conditions subject to which, such licences may be granted, the taking of securities from licensees and the fees that may be charged for such licensees;

    (c) the right of access of the public to a protected monument and the fee, if any, to be charged therefor;

    (d) the form and contends of the report of an archaeological officer or a licensee under clause (a) of sub-section (1) of section 23;

    (e) the form in which application s for permission under section 19 or section 25 may be made and the particulars which they should contain

    (f) the form and manner of preferring appeals under this Act and the time within which they may be preferred;

    (g) the manner of service of any order or notice under this Act;

    (h) the manner in which excavations and other like operations for archaeological purposes may be carried on;

    (i) any other matter which is to be or may be prescribed.

    (3) Any rule made under this section may provide that a breach thereof shall be punishable,-

    (i) in the case of a rule made with reference to clause (a) of sub-section (2), with imprisonment which may extend to three months, or with fine which may extend to five thousand rupees, or with both;
    (ii) in the case of a rule made with reference to clause (b) of sub-section (2), with fine which may extend to five thousand rupees;
    (iii) in the case of a rule made with reference to clause (c) of sub-section (2), with fine which may extend to five hundred rupees.

    (4) All rules made under this section shall be laid for not less than thirty days before each House of Parliament as soon as possible after they are made, and shall be subject to such modifications as Parliament may make during the session in which they are so laid or the session immediately following.

    39.Repeals and savings.- (1) The Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951 (71 of 1951), and section 126 of the States Reorganisation Act, 1956 (37 of 1956), are hereby, repealed.

    (2) The Ancient Monuments Preservation Act, 1904 (7 of 1904), shall cease to have effect in relation to ancient and historical monuments and archaeological sites and remains declared by or under this Act to be of national importance, except as respects things done or omitted to be done before the commencement of this Act.

  2. Yogesh Saxena Advocate

    THE FREEDOM OF INFORMATION ACT, 2002
    [Act No. 5 OF 2003]

    6th January, 2003

    An Act to provide for freedom to every citizen to secure access to information under the control of public authorities, consistent with public interest, in order to promote openness, transparency and accountability in administration and in relation to matters connected therewith or incidental thereto.

    BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:-

    CHAPTER I
    PRELIMINARY

    1. Short title, extent and commencement.

    (1) This Act may be called the Freedom of Information Act, 2002.

    (2) It extends to the whole of India except the State of Jammu and Kashmir.

    (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

    2. Definitions.
    In this Act, unless the context otherwise requires,-

    (a) “appropriate Government” means in relation to a public authority established, constituted, owned, substantially financed by funds provided directly or indirectly or controlled-

    (i) by the Central Government, the Central Government;
    (ii) by the State Government, the State Government;
    (iii) by the Union territory, the Central Government;

    (b) “competent authority” means-

    (i) the Speaker in the case of the House of the People or the Legislative Assembly and the Chairman in the case of the Council of States or the Legislative Council;
    (ii) the Chief Justice of India in the case of the Supreme Court;
    (iii) the Chief Justice of the High Court in the case of a High Court;
    (iv) the President or the Governor, as the case may be, in the case of other authorities created by or under the Constitution;
    (v) the administrator appointed under article 239 of the Constitution;

    (c)”freedom of information” means the right to obtain information from any public authority by means of,-

    (i) inspection, taking of extracts and notes;
    (ii) certified copies of any records of such public authority;
    (iii) diskettes, floppies or in any other electronic mode or through print-outs where such information is stored in a computer or in any other device;

    (d) “information” means any material in any form relating to the administration, operations or decisions of a public authority;

    (e) “prescribed” means prescribed by rules made under this Act by the appropriate Government or the competent authority, as the case may be;

    (f) “public authority” means any authority or body established or constituted,-

    (i) by or under the Constitution;
    (ii) by any law made by the appropriate Government, and includes any other body owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate Government;

    (g) “Public Information Officer” means the Public Information Officer appointed under sub-section (1) of section 5;

    (h) “record” includes-

    (i) any document, manuscript and file;
    (ii) any microfilm, microfiche and facsimile copy of a document;
    (iii) any reproduction of image or images embodied in such microfilm (whether enlarged or not); and
    (iv) any other material produced by a computer or by any other device;

    (i) “third party” means a person other than the person making a request for information and includes a public authority.

    CHAPTER II
    FREEDOM OF INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES

    3. Freedom of information.
    Subject to the provisions of this Act, all citizens shall have freedom of information.

    4. Obligations on public authorities
    Every public authority shall-

    (a) maintain all its records, in such manner and form as is consistent with its operational requirements duly catalogued and indexed;

    (b) publish at such intervals as may be prescribed by the appropriate Government or competent authority,-

    (i) the particulars of its organisation, functions and duties;
    (ii) the powers and duties of its officers and employees and the procedure followed by them in the decision making process;
    (iii) the norms set by the public authority for the discharge of its functions;
    (iv) rules, regulations, instructions, manuals and other categories of records under its control used by its employees for discharging its functions;
    (v) the details of facilities available to citizens for obtaining information; and
    (vi) the name, designation and other particulars of the Public Information Officer;

    (c) publish all relevant facts concerning important decisions and policies that affect the public while announcing such decisions and policies;

    (d) give reasons for its decisions, whether administrative or quasi-judicial to those affected by such decisions;

    (e) before initiating any project, publish or communicate to the public generally or to the persons affected or likely to be affected by the project in particular, the facts available to it or to which it has reasonable access which in its opinion should be known to them in the best interests of natural justice and promotion of democratic principles.

    5. Appointment of Public Information Officers.

    (1) Every public authority shall for the purposes of this Act, appoint one or more officers as Public Information Officers.

    (2) Every Public Information Officer shall deal with requests for information and shall render reasonable assistance to any person seeking such information.

    (3) The Public Information Officer may seek the assistance of any other officer as he considers necessary for the proper discharge of his duties.

    (4) Any officer whose assistance has been sought under sub-section (3), shall render all assistance to the Public Information Officer seeking his assistance.

    6. Request for obtaining information.
    A person desirous of obtaining information shall make a request in writing or through electronic means, to the concerned Public Information Officer specifying the particulars of the information sought by him:

    Provided that where such request cannot be made in writing, the Public Information Officer shall render all reasonable assistance to the person making the request orally to reduce it in writing.

    7. Disposal of requests.
    (1) On receipt of a request under section 6, the Public Information Officer shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information requested on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9:

    Provided that where the information sought for concerns the life and liberty of a person, the same should be provided within forty-eight hours of the receipt of the request:

    Provided further that where it is decided to provide the information on payment of any further fee representing the cost of providing the information, he shall send an intimation to the person making the request, giving the details of the fees determined by him, requesting him to deposit the fees and the period intervening between the despatch of the said intimation and payment of fees shall be excluded for the purpose of calculating the period of thirty days referred to above.

    (2) Before taking any decision under sub-section (1), the Public Information Officer shall take into consideration the representation made by a third party under section 11.

    (3) Where a request is rejected under sub-section (2), the Public
    Information Officer shall communicate to the person making request,-

    (i) the reasons for such rejection;
    (ii) the period within which an appeal against such rejections may be preferred;
    (iii) the particulars of the appellate authority.

    (4) Information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.

    8. Exemption from disclosure of information.
    (1) Notwithstanding anything hereinbefore contained, the following information not being information relating to any matter referred to in sub-section (2), shall be exempted from disclosure, namely:-

    (a) information, the disclosure of which would prejudicially affect the sovereignty and integrity of India, security of the State, strategic scientific or economic interest of India or conduct of international relations;

    (b) information, the disclosure of which would prejudicially affect public safety and order, detection and investigation of an offence or which may lead to an incitement to commit an offence or prejudicially affect fair trial or adjudication of a pending case;

    (c) information, the disclosure of which would prejudicially affect the conduct of Centre-State relations, including information exchanged in confidence between the Central and State Governments or any of their authorities or agencies;

    (d) Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers;

    (e) minutes or records of advice including legal advice, opinions or recommendations made by any officer of a public authority during the decision making process prior to the executive decision or policy formulation;

    (f) trade or commercial secrets protected by law or information, the disclosure of which would prejudicially affect the legitimate economic and commercial interests or the competitive position of a public authority; or would cause unfair gain or loss to any person; and

    (g) information, the disclosure of which may result in the breach of privileges of Parliament or the Legislature of a State, or contravention of a lawful order of a court.

    (2) Subject to the provisions of clause (a) of sub-section (1), any information relating to any occurrence, event or matter which has taken place occurred or happened twenty-five years before the date on which any request is made under section 6 shall be provided to any person making a request under that section:

    Provided that where any question arises as to the date from which the said period of twenty-five years has to be computed, the decision of the Central Government shall be final.

    9. Grounds for refusal to access in certain cases.
    Without prejudice to the provisions of section 8, a Public Information Officer may reject a request for information also where such request-

    (a) is too general in nature or is of such a nature that, having regard to the volume of information required to be retrieved or processed would involve unreasonable diversion of the resources of a public authority or would adversely interfere with the functioning of such authority:

    Provided that where such request is rejected on the ground that the request is too general, it would be the duty of the Public Information Officer to render help as far as possible to the person making request to reframe his request in such a manner as ay facilitate compliance with it;

    (b) relates to information that is required by law, rules, regulations or orders to be published at a particular time and such information is likely to be so published within thirty days of the receipt of such request;

    (c) relates to information that is contained in published material available to public; or

    (d) relates to information which would cause unwarranted invasion of the privacy of any person.

    10. Severability.
    (1) If a request for access to information is rejected on the ground that it is in relation to information which is exempted from disclosure, then notwithstanding anything contained in this Act, access may be given to that part of the record which does not obtain any information that is exempted from disclosure under this Act and which can reasonably be severed from any part that contains exempted information.

    (2) Where access is granted to a part of the record in accordance with sub-section (1), the person making the request shall be informed,-

    (a) that only part of the record requested, after severance of the record containing information which is exempted from disclosure, is being furnished; and

    (b) of the provisions of the Act under which the severed part is exempted from disclosure.

    11. Third party information.

    (1) Where a public authority intends to disclose any information or record, or part thereof, on a request made under this Act which relates to, or has been supplied by a third party and has been treated as confidential by that third party, the Public Information Officer shall, within twenty-five days from the receipt of a request, give written notice to such third party of the request and of the fact that the public authority intends to disclose the information or record, or part thereof:

    Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party.

    (2) Where a notice is given by the Public Information Officer under sub-section (1) to a third party in respect of any information or record or part thereof, the third party shall, within twenty days from the date of issuance of notice, be given the opportunity to make representation against the proposed disclosure.

    (3) Notwithstanding anything contained in section 7, the Public Information Officer shall, within sixty days after receipt of the request under section 6, if the third party has been given an opportunity to make representation under sub-section (2), make a decision as to whether or not to disclose the information or record or part thereof and give in writing the notice of his decision to the third party.

    (4) A notice given under sub-section (3) shall include a statement that the third party to whom the notice is given is entitled to prefer an appeal against the decision under section 12.

    12. Appeals.
    (1) Any person aggrieved by a decision of the Public Information Officer may, within thirty days of receipt of such decision, prefer an appeal to such authority as may be prescribed:

    Provided that such authority may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

    (2) A second appeal against the decision under sub-section (1) shall lie within thirty days of such decision, to the Central Government or the State Government or the competent authority, as the case may be:

    Provided that the Central Government or the State Government or the competent authority, as the case may be, may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

    (3) The appeals referred to in sub-sections (1) and (2) shall be disposed of within thirty days of the receipt of such appeals or within such extended period, as the case may be, for reasons to be recorded in writing.

    (4) If the decision of the Public Information Officer against which the appeal is preferred under sub-section (1) or sub-section (2) also relates to information of third party, the appellate authority shall give a reasonable opportunity of being heard t that party.

    CHAPTER III
    MISCELLANEOUS

    13. Protection of action taken in good faith.
    No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made thereunder.

    14. Act to have overriding effect.
    The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

    15. Bar of jurisdiction of courts.
    No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act.

    16. Act not to apply to certain organizations.
    (1) Nothing contained in this Act shall apply to the intelligence and security organisations, specified in the Schedule, being organizations established by the Central Government or any information furnished by such organisations to that Government.

    (2) The Central Government may, by notification in the Official
    Gazette, amend the Schedule by including therein any other intelligence or security organisation established by that Government or omitting therefrom any organisation already specified there and on the publication of such notification, such organisation shall be deemed to be included in or, as the case may be, omitted from the
    Schedule.

    (3) Every notification issued under sub-section (2) shall be laid before each House of Parliament.

    (4) Nothing contained in this Act shall apply to such intelligence and security organisations which may be specified, by a notification in the Official Gazette, by a State Government from time to time.

    (5) Every notification issued under sub-section (4) shall be laid before the State Legislature.

    17. Power to make rules by Central Government.
    (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

    (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

    (a) intervals at which matters referred to in sub-clauses (i) to (vi) of clause (b) of section 4 shall be published;
    (b) the fee payable under sub-section (1) of section 7;
    (c) the authority before whom an appeal may be preferred under sub-section (1) of section 12;
    (d) any other matter which is required to be, or may be, prescribed.

    18. Power to make rules by State Government.
    (1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

    (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

    (a) the fee payable under sub-section (1) of section 7;

    (b) the authority before whom an appeal may be preferred under sub-section (1) of section 12;

    (c) any other matter which is required to be, or may be, prescribed:

    Provided that initially the rules shall be made by the Central Government by notification in the Official Gazette.

    19. Rule making power by competent authority.
    (1) The competent authority may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

    (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

    (a) the fee payable under sub-section (1) of section 7;
    (b) the authority before whom an appeal may be preferred under sub-section (1) of section 12;
    (c) any other matter which is required to be, or may be, prescribed.

    20. Laying of rules.
    (1) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

    (2) Every rule made under this Act by a State Government shall be laid, as soon as may be after it is notified, before the State Legislature.

    21. Power to remove difficulties.
    (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of the difficulty:

    Provided that no such order shall be made after the expiry of a period of two years from the date of the commencement of this Act.

    (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

  3. Yogesh Saxena Advocate

    1. Sri P.N. Oak was born on 2nd March 1917 at Indore and he fought the battle of independence in association with Neta Ji Sri Subhash Chandra Bose and thereafter conducted the research on the ancient Vedic Cultural Heritage in India and also in different part of the World. He is now running at the age of above 87 years.
    “I am unjust, but I can strive for justice,
    My life’s unkind, but I can vote for kindness.
    I, the un-loving, say life should be lovely,
    I, that am blind, cry against my blindness”.

    2. That the dawn of independence has virtually came with confrontation of many problems for effective administration. The foremost and the prominent problem was rehabilitation of the refugees. There was no place for providing them the basic requirement of shelter and for that reason, the government provided the shelter home for them. The locality was not congenial for their adaptation. Thus the hostility amongst the people has started generating their side effects. The civilisation is the beginning of the governance to any nation. In absence of any co-ordination amongst the fellow citizens, the concept of social embodiment was virtually evasive. Thus there was neither any co-operation nor co-ordination amongst the citizens. The sole motto was to accumulate the resources for advancement and to enforce their hypothetical illusive superiority amongst the other inhabitant. Thus there was a complete absence of religious and spiritual concept in the society.
    3. That no man can survive in isolation. There is a rule of give and take. The moment, one person is inclined to accept everything as a matter of his right, the person who is inclined to give him his extra potential, withdraw the basic offer. This become the end of social collaboration. No country is able to survive except by the will of the people. The bitterness amongst the people may ultimately lead to a crisis on psychological level. Thus the country required the coercive method for the enforcement of law and order situation. This was on account of partition of India.
    That the citizens, “we the people” contemplating of the infringement of the indefeasible rights cannot be told for tolerating infraction or invasion of their rights anymore, which is guaranteed enough to relegate at the dawn of human rights jurisprudence promulgated by judicial activism to fight their own battle in the forum available to them under social action litigation. The Hon’ble Supreme Court has put an end to instrument of status upholding the traditions of Anglo Saxon jurisprudence and resisting radical innovation as honest in the use of judicial power to promote social justice. Nothing rankles more in human heart than in justice. Access to justice is basic human right on which is dependent other rights relating to equality. Justice has always been the first virtue of any civilised society. Life of law is a mean to serve the social purpose and felt necessity of people. Affirmative action promotes maximum well being for the society as a whole and strengthens forces of National integration. The purposeful role for more active creative in deciding it by the court of law is by not “what has been” but “what may be”. This is the role and purpose of law for the sovereign power of “we the people” as enumerated in our preamble constitution of India. Politicians act in nefarious designs with impunity. Political parties motivated with vested interests are dancing to usurp power through any means, fair or foul even at the cost of sacrificing the Nation’s existence to personal interest. Party systems have pushed to advance its own schemes upon the ruin of the rest. Our politicians are Mafia dons next to the invaders. Robbers have generally plundered the rich who are seldom subjected to legislation always plunder the common citizens and protect those Mafia dons under the phraseology of “law making sovereign power” having the connotation “procedure establish under law to be cherished instead of due process”.
    There is always an excuse for tyranny and mal-administration, which has degenerated the national character. The power given needs a safeguard from such arbitrary power and unfair exercise. In present set up freedom has become an abuse and liberty as license. Therefore the moral damage is more terrible. An oppressive system is more to be feared than a Tiger.
    Deep needs to express thought;
    Profoundly sickening to compel;
    Remain silent at expression;
    Limitation of freedom of thought;
    Is attack on social rights;
    As spiritual force is stronger;
    Than any material force;
    As thought leash to average conscience;
    By the necessities of fatal policy;
    The Hon’ble Supreme Court acted as an instrument of status quo-upholding the traditions of Anglo-Saxon jurisprudence and resisting radical innovations in the use of the judicial power to promote social justice under the republican constitution till early 1970 with some Hon’ble expectations, but in the light of a social economic philosophy alien to our freedom movement and aspiration of the liberated people, the Apex Court has started a giving importance to the rule of Law with “tryst with destiny”. The outstanding judicial activism in the quest for social justice came by the enormous contribution of Hon’ble Supreme Court in the recent years. The use of newfound judicial power in the service of “WE THE PEOPLE OF INDIA” who has often being represented in the judicial forum have always been at the receiving end of mal-administration and exploitation.

    All the members of the court are considered as wounded, where justice is found wounded with inequity, and judges do not extract the dart of inequity from justice or remove its blot and destroy inequity, in other words where the innocent are not respected and the criminal are not punished.
    A virtuous and just person should never enter a court and when he does so, he should speak the truth; he who holds his tongue on seeing injustice done, or speaks contrary to truth and justice, is the greatest sinner.
    Justice destroyed destroys its destroyer; and justice preserved, preserves its preserver. Hence, never destroy justice, lest being destroyed; it should destroy thee.
    In this world justice or righteousness alone is man’s friend that goes with him after death. All other things or companions part on the destruction of the body and he is detached from all company. But the company of justice is never cut off.
    When injustice is done in the government court out of partiality, it is divided into four parts of which one is shared by the criminal or doer of injustice, the second by the witness, the third by the judges, and the fourth by the president king of an unjust court.

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