IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
(Under Article 226 of constitution of India)
Annexure No.
Civil Misc. Writ Petition No. of 2004
(District â€" Agra)
Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune â€" 411007 and another…………..Pettioners
VERSUS
Union of India through Secretary,
Human Resources and Development (HRD),
Government of India, New Delhi. ……………….Respondents
THE ANCIENT MONUMENTS PRESERVATION ACT, 1904
ACT NO.7 OF 1904
[AS ON 1957]
An Act to provide for the preservation of Ancient Monuments and of objects of archaeological, historical, or artistic interest.
[18th March 1904.]
WHEREAS it is expedient to provide for the preservation of ancient monuments, for the exercise of control over traffic in antiquities and over excavation in certain places, and for the protection and acquisition in certain cases of ancient monuments and of objects of archaeological, historical or artistic interest; It is hereby enacted as follows:â€"
1.Short title and extent.- (1) This Act may be called the Ancient Monuments Preservation Act, 1904.
{ Subs.by the A.O.1950, for sub-section (2).}[(2) It extends to the whole of India {Subs.by Act 3 of 1951, s.3 and Sch., for " except Part B States ".} [except the State of Jammu and Kashmir].]
2.Definitions.- In this Act, unless there is anything repugnant in the subject or context,â€"
(1) " ancient monument " 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, or any remains thereof, and includesâ€"
(a) the site of an ancient monument;
(b) 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
(c) the means of access to and convenient inspection of an ancient monument:
(2) "antiquities" include any moveable objects which {Subs.by the A.O.1937, for " the Govt.".} [the Central Government], by reason of their historical or archæological associations, may think it necessary to protect against injury, removal or dispersion:
(3) " Commissioner " includes any officer authorized by {Subs.ibid., for "the L.G."} [the Central Government] to perform the duties of a Commissioner under this Act:
(4) " maintain " and " maintenance " include the fencing, covering in, repairing, restoring and cleansing of a protected monument, and the (doing of any act which may be necessary for the purpose of maintaining a protected monument or of securing convenient access thereto:
(5) " land " includes a revenue-free estate, a revenue-paying estate, and a permanent transferable tenure, whether such estate or tenure be subject to incumbrances or not: and
(6) " owner " includes a joint owner invested with powers of management on behalf of himself and other joint owners, and any manager or trustee exercising powers of management over an ancient monument, and the successor in title of any such owner and the successor in office of any such manager or trustee:
Provided that nothing in this Act shall be deemed to extend the powers which may lawfully be exercised by such manager or trustee.
3.Protected monuments.- (1) The { Subs.by the A.O.1937, for " L.G.".} [Central Government] may, by notification in the Official Gazette, declare an ancient monument to be a protected monument within the meaning of this Act.
(2) A copy of every notification published under sub-section (1) shall be fixed up in a conspicuous place on or near the monument, together with an intimation that any objections to the issue of the notification received by the { Subs.by the A.O.1937, for " L.G.".} [Central Government] within one month from the date when it is so fixed up will be taken into consideration.
(3) On the expiry of the said period of one month, the { Subs.by the A.O.1937, for " L.G.".} [Central Government], after considering the objections, if any, shall confirm or withdraw the notification.
(4) A notification published under this section shall, unless and until it is withdrawn, be conclusive evidence of the fact that the monument to which it relates is an ancient monument within the meaning of this Act.
Ancient Monuments
4.Acquisition of rights in or guardianship of an ancient monument.-(1) The Collector, with the sanction of the { Subs.by the A.O.1937, for "L G".} [Central Government], may purchase or take a lease of any protected monument.
(2) The Collector, with the like sanction, may accept a gift or bequest of any protected monument.
(3) The owner of any protected monument may, by written instrument, constitute the Commissioner the guardian of the monument, and the Commissioner may, with the sanction of the {Subs.by the A.O.1937, for " L.G.".}[Central Government], accept such guardianship.
(4) When the Commissioner 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 Commissioner had not been constituted guardian thereof.
(5) When the Commissioner has accepted the guardianship of a monument under sub-section (3), the provisions of this Act relating to agreements executed under section 5 shall apply to the written instrument executed under the said sub-section.
(6) Where a protected monument is without an owner, the Commissioner may assume the guardianship of the monument.
5.Preservation of ancient monument by agreement.- (1) The Collector may, with the previous sanction of { Subs.by the A.O.1937, for " the L.G "} [the Central Government], propose to the owner to enter into an agreement with {Subs, ibid., for "the Secretary of State for India in Council''.}[the Central Government] for the preservation of any protected monument in his district.
(2) An agreement under this section may provide for the following matters, or for such of them as it may be found expedient to include m the agreement:â€"
(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 to destroy, remove, alter or deface the monument or to build on or near the site of the monument;
(d) the facilities of access to be permitted to the public or to any portion of the public and to persons deputed by the owner or the Collector to inspect or maintain the monument;
(e) the notice to be given to {Subs.ibid., for "the Govt.".}the Central Government in case the land on which the monument is situated is offered for sale by the owner, and the right to be reserved to {Subs.ibid., for "the Govt.".}[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 {Subs.by the A.O.1937, for " the Govt.".}[the Central Government] in connection with the preservation of the monument;
(g) the proprietary or other rights which are to vest in Government in respect of the monument when any expenses reinsured by {Subs.by the A.O.1937, for " the Govt."} [the Central Government] in connection with the preservation 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 preservation of the monument which is a proper subject of agreement between the owner and {Subs.by the A.O.1937, for " the Govt.".}[the Central Government].
{Sub-section (3) omitted ibid.}
(4) The terms of an agreement under this section may be altered from time to time with the sanction of {Subs., ibid., for " the L.G.".} [the Central Government] and with the consent of the owner.
(5) With the previous sanction of {Subs., ibid., for " the L.G.".}[the Central Government], the Collector may terminate an agreement under this section on giving six months notice in writing to the owner.
(6) The owner may terminate an agreement under this section on giving six months' notice to the Collector.
(7) An agreement under this section shall be binding on any person claiming to be owner of the monument to which it relates, through or under a party by whom or on whose behalf the agreement was executed.
(8) Any rights acquired by {Subs., ibid., for " Govt.".}[the Central Government] in respect of expenses incurred in protecting or preserving a monument shall not be affected by the termination of an agreement under this section.
6.Owners under disability or not in possession.- (1) If the owner 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 5.
(2) In the case of village-property, the headman or other village-officer exercising powers of management over such property may exercise the powers conferred upon an owner by section 5.
(3) Nothing in this section shall be deemed to empower any person not being of the same religion as the persons 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.
7.Enforcement of agreement.- (1) If the Collector apprehends that the owner or occupier of a monument intends to destroy, remove, alter, deface, or imperil the monument or to build on or near the site thereof in contravention of the terms of an agreement for its preservation under section 5, the Collector may make an order prohibiting any such contravention of the agreement.
(2) If an owner or other person who is bound by an agreement for the preservation or maintenance of a monument under section 5 refuses to do any act which is in the opinion of the Collector necessary to such preservation or maintenance, or neglects to do any such act within such reasonable time as may be fixed by the Collector, the Collector may authorize any person to do any such act, and the expense of doing any such act or such portion of the expense as the owner may be liable to pay under the agreement may be recovered from the owner as if it were an arrear of land-revenue.
(3) A person aggrieved by an order made under this section may appeal to the Commissioner, who may cancel or modify it and whose decision shall be final.
8.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, or at a sale made under the Bengal Patni Taluks Regulation, 1819, (Ben.Reg., 8 of 1819) an estate or tenure in which is situated a monument in respect of which any instrument has been executed by the owner for the time being, under section 4 or section 5 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.
9.Application of endowment to repair of an ancient monument.- (1) If any owner or other person competent to enter into an agreement under section 5 for the preservation of a protected monument, refuses or fails to enter into such an agreement when proposed to him by the Collector, and if any endowment has been created for the purpose of keeping such monument in repair, or for that purpose among others, the Collector 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 the decree of a Civil Court.
10.Compulsory purchase of ancient monument.- (1) If the {Subs.by the A.O 1937, for " L.G.".}[Central Government] apprehends that a protected monument is in danger of being destroyed, injured or allowed to fall into decay.{Subs., ibid., for " the L.G.may proceed to acquire it ".}[the Central Government may direct the State Government to acquire it] under the provisions of the Land Acquisition Act, 1894, (1 of 1894)as if the preservation of a protected monument were a " public purpose " within the meaning of that Act.
(2) The powers of compulsory purchase conferred by sub-section (1) shall not be exercised in the case ofâ€"
(a) any monument which or any part of which is periodically used for religious observances; or
(b) any monument which is the subject of a subsisting agreement executed under section 5.
(3) In any case other than the cases referred to in sub-section (2) the said powers of compulsory purchase shall not be exercised unless the owner or other person competent to enter into an agreement under section 5 has failed, within such reasonable period as the Collector may fix in this behalf, to enter into an agreement proposed to him under the said section or has terminated or given notice of his intention to terminate such an agreement.
{ Ins.by Act 18 of 1932, s.2.}[10A.Power Central Government to control mining, etc., near ancient monument.- (1) If the{Subs.by the A.O 1937, for " L.G.".} [Central Government] is of opinion that mining, quarrying, excavating, blasting and other operations of a like nature should be restricted or regulated for the purpose of protecting, or preserving any ancient monument, the {Subs.by the A.O 1937, for " L.G.".}[Central Government] may, by notification in the Official Gazette, make rulesâ€"
(a) fixing the boundaries of the area to which the rules are to apply,
(b) forbidding the carrying on of mining, quarrying, excavating, blasting or any operation of a like nature except in accordance with the rules and with the terms of a licence, and
(c) prescribing the authority by which, and the terms on which, licences may be granted to carry on any of the said operations.
(2) The power to make rules given by this section is subject to the condition of the rules being made after previous publication.
(3) A rule made under this section may provide that any person committing a breach thereof shall be punishable with fine which may extend to two hundred rupees.
(4) If any owner or occupier of land included in a notification under sub-section (1) proves to the satisfaction of the {Subs.by the A.O.1937, for " L, G.".} [Central Government] that he has sustained loss by reason of such land being so included, the {Subs.by the A.O.1937, for " L, G.".} [Central Government] shall pay compensation in respect of such loss.]
11.Maintenance of certain protected monuments.- (1) The Commissioner shall maintain every monument in respect of which the Government has acquired any of the rights mentioned in section 4 or which the Government has acquired under section 10.
(2) When the Commissioner has accepted the guardianship of a monument under section 4, 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.
12.Voluntary contributions.- The Commissioner 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 he applied to any purpose other than the purpose for which it was contributed.
13.Protection of place of worship from misuse, pollution or desecration.- (1) A place of worship or shrine maintained by the Government under this Act shall not be used for any purpose inconsistent with its character.
(2) Where the Collector has, under section 4, purchased or taken a lease of any protected monument, or has accepted a gift or bequest, or the Commissioner has, under the same section, accepted the guardianship thereof, and such monument, or any part thereof, is periodically used for religious worship or observances by any community, the Collector shall make due provision for the protection of such monument or such part thereof, from pollution or desecrationâ€"
(a) by prohibiting the entry therein, except n accordance with conditions prescribed with the concurrence of the persons 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.
14.Relinquishment of Government rights in a monument.- With the sanction of {Subs., ibid., for " Govt." } [the Central Government], the Commissioner mayâ€"
(a) where rights have been acquired by {Subs., ibid., for " Govt." } [the Central Government] in respect of any monument under this Act by virtue of any sale, lease, gift or will, relinquish 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 accepted under this Act.
15.Right of access to certain protected monuments.- (1) Subject to such rules as may after previous publication be made by { Subs.by the A.O.1937, for " the L.G.".} [the Central Government], the public shall have a nut right of access to any monument maintained by {Subs., ibid., for " the Govt." } [the Central Government] under this Act.
(2) In making any rule under sub-section (1) {Subs.by the A.O.1937, for " the L.G.".} [the Central Government] may provide that a breach of it shall be punishable with fine which may extend to twenty rupees.
16.Penalties.- Any person other than the owner who destroys, removes, injures, alters, defaces or imperils a protected monument, and any owner who destroys, removes, injures, alters, defaces or imperils a monument maintained by {Subs., ibid., for " Govt." }[the Central Government] under this Act or in respect of which an agreement has been executed under section 5, and any owner or occupier who contravenes an order made under section 7, sub-section (1), shall be punishable with fine which may extend to five thousand rupees, or with imprisonment which may extend to three months, or with both.
Traffic in Antiquities
17.Power to Central Government to control traffic in antiquities.- (1) If the Central Government apprehends that antiquities that are being sold or removed to the detriment of India or of any neighbouring country, it may, by notification {For notification, see Gazette of India, 1917, Pt.I, p 989.} in the Official Gazette, prohibit or restrict the bringing or taking by sea or by land of any antiquities or class of antiquities described in the notification into or out of {Subs.by Act 3 of 1951.3 and Sch., for " the territories for the time being comprised within Part A States and Part C States ".}[the territories to which this Act extends] or any specified part of {Subs.by the A.O.1950.for " the Provinces ".} [the said territories].
(2) Any person who brings or takes or attempts to bring or take any such antiquities into or out of {Subs.by the A.O.1950.for " the Provinces ".} [the said territories] or any part of {Subs.by the A.O.1950.for " the Provinces ".} [the said territories] in contravention of a notification issued under sub-section (1), shall be punishable with fine which may extend to five hundred rupees.
(3) Antiquities in respect of which an offence referred to in sub-section (2) has been committed shall be liable to confiscation.
(4) An officer of Customs, or an officer of Police of a grade not lower than Sub-Inspector, duly empowered by the {Subs.by the A.O.1937, for "L.G." }[Central Government] in this behalf, may search any vessel, cart or other means of conveyance, and may open any baggage or package of goods, if he has reason to believe that goods in respect of which an offence has been committed under sub-section (2) are contained therein.
(5) A person who complains that the power of search mentioned in sub-section (4) has been vexatiously or improperly exercised may address his complaint to the {Subs.by the A.O.1937, for "L.G." }[Central Government], and the {Subs.by the A.O.1937, for "L.G." }[Central Government] shall pass such order and may award such compensation, if any, as appears to it to be just.
Protection of Sculptures, Carvings, Images, Bas-reliefs, Inscriptions or like objects.
18.Poweer to Central Government to control moving of sculptures , carvings or like objects.- (1) If {Subs., ibid.for " the L.G.".} [the Central Government] considers that any sculptures, carvings, images, bas-reliefs, inscriptions or other like objects ought not to be moved from the place where they are without the sanction of {Subs., ibid., for " the Govt."} [the Central Government], {Subs., ibid.for " the L.G.".} [the Central Government] may, by notification in the Official Gazette, direct that any such object or any class of such objects shall not be moved unless with the written permission of the Collector.
(2) A person applying for the permission mentioned in subsection (1) shall specify the object or objects which he proposes to move.and shall furnish, in regard to such object or objects, any information which the Collector may require.
(3) If the Collector refuses to grant such permission, the applicant may appeal to the Commissioner, whose decision shall be final.
(4) Any person who moves any object in contravention of a notification issued under sub-section (1), shall be punishable with fine which may extend to five hundred rupees.
(5) If the owner of any property proves to the satisfaction of {Subs.by the A.O.1937 for " the L.G."}[the Central Government] that he has suffered any loss or damage by reason of the inclusion of such property in a notification published under sub-section (1), {Subs.by the A.O.1937 for " the L.G."}[the Central Government] shall eitherâ€"
(a) exempt such property from the said notification;
(b) purchase such property, if it be moveable, at its market - value; or
(c) pay compensation for any loss or damage sustained by the owner of such property, if it be immoveable.
19.Purchase of sculptures, carvings or like objects by the Government.- (1) If {Subs.by the A.O.1937 for " the L.G."} [the Central Government] apprehends that any object mentioned in a notification issued under section 18, sub-section (1), is in danger of being destroyed, removed, injured or allowed to fall into decay, {Subs.by the A.O.1937 for " the L.G."} [the Central Government] may pass orders for the compulsory purchase of such object at its market-value, and the Collector shall thereupon give notice to the owner of the object to be purchased.
(2) The power of compulsory purchase given by this section shall not extend toâ€"
(a) any image or symbol actually used for the purpose of any religious observance; or
(b) anything which the owner desires to retain on any reasonable ground personal to himself or to any of his ancestors or to any member of his family.
{The heading and ss.20, 20A, 20B and 20C subs.by Act 18 of 1932, s.3, for the original heading and s.20 Power of Central Government to notify areas as protected.}
[Archaeological Excavation]
20.Power of Central Government to notify areas as protected.-(1) If the Central Government {The words " after consulting the L.G." omitted by the A.O.1937.} of opinion that excavation for archaeological purposes in any area should be restricted and regulated in the interests of archaeological research, the Central Government may, by notification in the Official Gazette specifying the boundaries of the area, declare it to be a protected area.
(2) From the date of such notification all antiquities buried in the protected area shall be the property of the Government and shall be deemed to be in the possession of the Government, and shall remain the property and in the possession of the Government until Ownership thereof is transferred; but in all other respects the rights of any owner or occupier of land in such area shall not be affected.
20A.Power to enter upon and make excavations in a protected area.- (1) Any officer of the Archaeological Department or any person holding a license under section 20B may, with the written permission of the Collector enter upon and make excavations in any, protected area.
(2) Where, in the exercise of the power conferred by sub-section (1), the rights of any person are infringed by the occupation or disturbance of the surface of any land, {Subs.by the A.O.1937, for "the Govt.".}[the Central Government] shall pay to that person compensation for the infringement.
20B.Power of Central Government to make rules regulating Archaeological excavation in protected areas.- (1) The Central Government may make rules {For such rules, see Gazette of India, 1934, Pt.I, p.1103.}â€"
Power of Central Government to make rules regulating archaeological excavation in protected areas.
(a) prescribing the authorities by whom licences to excavate for archæological purposes in a protected area may be granted;
(b) regulating the conditions on which such licences may be granted, the form of such licences, and the taking of security from licensees;
(c) prescribing the manner in which antiquities found by a licensee shall be divided between {Subs.by the A.O.1937, for "Govt.".}[the Central Government] and the licensee; and
(d) generally to carry out the purposes of section 20.
(2) The power to make rules given by this section is subject to the condition of the rules being made after previous publication.
(3) Such rules may be general for all protected areas for the time being, or may be special for any particular protected area or areas.
(4) Such rules may provide that any person committing a breach of any rule or of any condition of a licence shall be punishable with fine which may extend to five thousand rupees, and may further provide that where the breach has been by the agent or servant of a licensee the licensee himself shall be punishable.
20C.Power to acquire a protected area.- If the Central Government is of opinion that a protected area contains an ancient monument or antiquities of national interest and value, it may direct the State Government to acquire such area, or any part thereof, and the State Government may thereupon acquire such area or part under the Land Acquisition Act, 1894, as l o for a public purpose.]
General
21.Assessment of market-value or compensation.- (l) The market-value of any property which Government is empowered to purchase at such value under this Act, or the {The words " amount of " omitted by Act 18 of 1932, s.4.} compensation to be paid by Government in respect of anything done under this Act, shall, where any dispute arises {Subs.by s.4, ibid., for " touching the amount }[in respect] of such market-value or compensation, be ascertained in the manner provided by the Land Acquisition Act, 1894, sections 3, 8 to 34, 45 to 47, 51and 52, so far as they can be made applicable:
Provided that when making an inquiry under the said Land Acquisition Act, 1894, the Collector shall be assisted by two assessors' one of whom shall be a competent person nominated by the
Collector, and one a person nominated 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.
22.Jurisdiction.- A Magistrate of the third class shall not have jurisdiction to try any person charged with an offence against this Act.
23.Power to make rules.- (1) The Central Government {The words " or the L G." omitted by the A.O.1937.} may make rules for carrying out any of the purposes of this Act.
(2) The power to make rules given by this section is subject to the condition of the rules being made after previous publication.
24.Protection to public servants acting under 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.
THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
(Under Article 226 of constitution of India)
Annexure No.
Civil Misc. Writ Petition No. of 2004
(District â€" Agra)
Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune â€" 411007 and another…………..Pettioners
VERSUS
Union of India through Secretary,
Human Resources and Development (HRD),
Government of India, New Delhi. ……………….Respondents
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.
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
(Under Article 226 of constitution of India)
Annexure No.
Civil Misc. Writ Petition No. of 2004
(District â€" Agra)
Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune â€" 411007 and another…………..Pettioners
VERSUS
Union of India through Secretary,
Human Resources and Development (HRD),
Government of India, New Delhi. ……………….Respondents
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.
(Under Article 226 of constitution of India)
Annexure No.
Civil Misc. Writ Petition No. of 2004
(District â€" Agra)
Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune â€" 411007 and another…………..Pettioners
VERSUS
Union of India through Secretary,
Human Resources and Development (HRD),
Government of India, New Delhi. ……………….Respondents
THE ANCIENT MONUMENTS PRESERVATION ACT, 1904
ACT NO.7 OF 1904
[AS ON 1957]
An Act to provide for the preservation of Ancient Monuments and of objects of archaeological, historical, or artistic interest.
[18th March 1904.]
WHEREAS it is expedient to provide for the preservation of ancient monuments, for the exercise of control over traffic in antiquities and over excavation in certain places, and for the protection and acquisition in certain cases of ancient monuments and of objects of archaeological, historical or artistic interest; It is hereby enacted as follows:â€"
1.Short title and extent.- (1) This Act may be called the Ancient Monuments Preservation Act, 1904.
{ Subs.by the A.O.1950, for sub-section (2).}[(2) It extends to the whole of India {Subs.by Act 3 of 1951, s.3 and Sch., for " except Part B States ".} [except the State of Jammu and Kashmir].]
2.Definitions.- In this Act, unless there is anything repugnant in the subject or context,â€"
(1) " ancient monument " 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, or any remains thereof, and includesâ€"
(a) the site of an ancient monument;
(b) 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
(c) the means of access to and convenient inspection of an ancient monument:
(2) "antiquities" include any moveable objects which {Subs.by the A.O.1937, for " the Govt.".} [the Central Government], by reason of their historical or archæological associations, may think it necessary to protect against injury, removal or dispersion:
(3) " Commissioner " includes any officer authorized by {Subs.ibid., for "the L.G."} [the Central Government] to perform the duties of a Commissioner under this Act:
(4) " maintain " and " maintenance " include the fencing, covering in, repairing, restoring and cleansing of a protected monument, and the (doing of any act which may be necessary for the purpose of maintaining a protected monument or of securing convenient access thereto:
(5) " land " includes a revenue-free estate, a revenue-paying estate, and a permanent transferable tenure, whether such estate or tenure be subject to incumbrances or not: and
(6) " owner " includes a joint owner invested with powers of management on behalf of himself and other joint owners, and any manager or trustee exercising powers of management over an ancient monument, and the successor in title of any such owner and the successor in office of any such manager or trustee:
Provided that nothing in this Act shall be deemed to extend the powers which may lawfully be exercised by such manager or trustee.
3.Protected monuments.- (1) The { Subs.by the A.O.1937, for " L.G.".} [Central Government] may, by notification in the Official Gazette, declare an ancient monument to be a protected monument within the meaning of this Act.
(2) A copy of every notification published under sub-section (1) shall be fixed up in a conspicuous place on or near the monument, together with an intimation that any objections to the issue of the notification received by the { Subs.by the A.O.1937, for " L.G.".} [Central Government] within one month from the date when it is so fixed up will be taken into consideration.
(3) On the expiry of the said period of one month, the { Subs.by the A.O.1937, for " L.G.".} [Central Government], after considering the objections, if any, shall confirm or withdraw the notification.
(4) A notification published under this section shall, unless and until it is withdrawn, be conclusive evidence of the fact that the monument to which it relates is an ancient monument within the meaning of this Act.
Ancient Monuments
4.Acquisition of rights in or guardianship of an ancient monument.-(1) The Collector, with the sanction of the { Subs.by the A.O.1937, for "L G".} [Central Government], may purchase or take a lease of any protected monument.
(2) The Collector, with the like sanction, may accept a gift or bequest of any protected monument.
(3) The owner of any protected monument may, by written instrument, constitute the Commissioner the guardian of the monument, and the Commissioner may, with the sanction of the {Subs.by the A.O.1937, for " L.G.".}[Central Government], accept such guardianship.
(4) When the Commissioner 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 Commissioner had not been constituted guardian thereof.
(5) When the Commissioner has accepted the guardianship of a monument under sub-section (3), the provisions of this Act relating to agreements executed under section 5 shall apply to the written instrument executed under the said sub-section.
(6) Where a protected monument is without an owner, the Commissioner may assume the guardianship of the monument.
5.Preservation of ancient monument by agreement.- (1) The Collector may, with the previous sanction of { Subs.by the A.O.1937, for " the L.G "} [the Central Government], propose to the owner to enter into an agreement with {Subs, ibid., for "the Secretary of State for India in Council''.}[the Central Government] for the preservation of any protected monument in his district.
(2) An agreement under this section may provide for the following matters, or for such of them as it may be found expedient to include m the agreement:â€"
(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 to destroy, remove, alter or deface the monument or to build on or near the site of the monument;
(d) the facilities of access to be permitted to the public or to any portion of the public and to persons deputed by the owner or the Collector to inspect or maintain the monument;
(e) the notice to be given to {Subs.ibid., for "the Govt.".}the Central Government in case the land on which the monument is situated is offered for sale by the owner, and the right to be reserved to {Subs.ibid., for "the Govt.".}[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 {Subs.by the A.O.1937, for " the Govt.".}[the Central Government] in connection with the preservation of the monument;
(g) the proprietary or other rights which are to vest in Government in respect of the monument when any expenses reinsured by {Subs.by the A.O.1937, for " the Govt."} [the Central Government] in connection with the preservation 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 preservation of the monument which is a proper subject of agreement between the owner and {Subs.by the A.O.1937, for " the Govt.".}[the Central Government].
{Sub-section (3) omitted ibid.}
(4) The terms of an agreement under this section may be altered from time to time with the sanction of {Subs., ibid., for " the L.G.".} [the Central Government] and with the consent of the owner.
(5) With the previous sanction of {Subs., ibid., for " the L.G.".}[the Central Government], the Collector may terminate an agreement under this section on giving six months notice in writing to the owner.
(6) The owner may terminate an agreement under this section on giving six months' notice to the Collector.
(7) An agreement under this section shall be binding on any person claiming to be owner of the monument to which it relates, through or under a party by whom or on whose behalf the agreement was executed.
(8) Any rights acquired by {Subs., ibid., for " Govt.".}[the Central Government] in respect of expenses incurred in protecting or preserving a monument shall not be affected by the termination of an agreement under this section.
6.Owners under disability or not in possession.- (1) If the owner 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 5.
(2) In the case of village-property, the headman or other village-officer exercising powers of management over such property may exercise the powers conferred upon an owner by section 5.
(3) Nothing in this section shall be deemed to empower any person not being of the same religion as the persons 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.
7.Enforcement of agreement.- (1) If the Collector apprehends that the owner or occupier of a monument intends to destroy, remove, alter, deface, or imperil the monument or to build on or near the site thereof in contravention of the terms of an agreement for its preservation under section 5, the Collector may make an order prohibiting any such contravention of the agreement.
(2) If an owner or other person who is bound by an agreement for the preservation or maintenance of a monument under section 5 refuses to do any act which is in the opinion of the Collector necessary to such preservation or maintenance, or neglects to do any such act within such reasonable time as may be fixed by the Collector, the Collector may authorize any person to do any such act, and the expense of doing any such act or such portion of the expense as the owner may be liable to pay under the agreement may be recovered from the owner as if it were an arrear of land-revenue.
(3) A person aggrieved by an order made under this section may appeal to the Commissioner, who may cancel or modify it and whose decision shall be final.
8.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, or at a sale made under the Bengal Patni Taluks Regulation, 1819, (Ben.Reg., 8 of 1819) an estate or tenure in which is situated a monument in respect of which any instrument has been executed by the owner for the time being, under section 4 or section 5 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.
9.Application of endowment to repair of an ancient monument.- (1) If any owner or other person competent to enter into an agreement under section 5 for the preservation of a protected monument, refuses or fails to enter into such an agreement when proposed to him by the Collector, and if any endowment has been created for the purpose of keeping such monument in repair, or for that purpose among others, the Collector 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 the decree of a Civil Court.
10.Compulsory purchase of ancient monument.- (1) If the {Subs.by the A.O 1937, for " L.G.".}[Central Government] apprehends that a protected monument is in danger of being destroyed, injured or allowed to fall into decay.{Subs., ibid., for " the L.G.may proceed to acquire it ".}[the Central Government may direct the State Government to acquire it] under the provisions of the Land Acquisition Act, 1894, (1 of 1894)as if the preservation of a protected monument were a " public purpose " within the meaning of that Act.
(2) The powers of compulsory purchase conferred by sub-section (1) shall not be exercised in the case ofâ€"
(a) any monument which or any part of which is periodically used for religious observances; or
(b) any monument which is the subject of a subsisting agreement executed under section 5.
(3) In any case other than the cases referred to in sub-section (2) the said powers of compulsory purchase shall not be exercised unless the owner or other person competent to enter into an agreement under section 5 has failed, within such reasonable period as the Collector may fix in this behalf, to enter into an agreement proposed to him under the said section or has terminated or given notice of his intention to terminate such an agreement.
{ Ins.by Act 18 of 1932, s.2.}[10A.Power Central Government to control mining, etc., near ancient monument.- (1) If the{Subs.by the A.O 1937, for " L.G.".} [Central Government] is of opinion that mining, quarrying, excavating, blasting and other operations of a like nature should be restricted or regulated for the purpose of protecting, or preserving any ancient monument, the {Subs.by the A.O 1937, for " L.G.".}[Central Government] may, by notification in the Official Gazette, make rulesâ€"
(a) fixing the boundaries of the area to which the rules are to apply,
(b) forbidding the carrying on of mining, quarrying, excavating, blasting or any operation of a like nature except in accordance with the rules and with the terms of a licence, and
(c) prescribing the authority by which, and the terms on which, licences may be granted to carry on any of the said operations.
(2) The power to make rules given by this section is subject to the condition of the rules being made after previous publication.
(3) A rule made under this section may provide that any person committing a breach thereof shall be punishable with fine which may extend to two hundred rupees.
(4) If any owner or occupier of land included in a notification under sub-section (1) proves to the satisfaction of the {Subs.by the A.O.1937, for " L, G.".} [Central Government] that he has sustained loss by reason of such land being so included, the {Subs.by the A.O.1937, for " L, G.".} [Central Government] shall pay compensation in respect of such loss.]
11.Maintenance of certain protected monuments.- (1) The Commissioner shall maintain every monument in respect of which the Government has acquired any of the rights mentioned in section 4 or which the Government has acquired under section 10.
(2) When the Commissioner has accepted the guardianship of a monument under section 4, 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.
12.Voluntary contributions.- The Commissioner 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 he applied to any purpose other than the purpose for which it was contributed.
13.Protection of place of worship from misuse, pollution or desecration.- (1) A place of worship or shrine maintained by the Government under this Act shall not be used for any purpose inconsistent with its character.
(2) Where the Collector has, under section 4, purchased or taken a lease of any protected monument, or has accepted a gift or bequest, or the Commissioner has, under the same section, accepted the guardianship thereof, and such monument, or any part thereof, is periodically used for religious worship or observances by any community, the Collector shall make due provision for the protection of such monument or such part thereof, from pollution or desecrationâ€"
(a) by prohibiting the entry therein, except n accordance with conditions prescribed with the concurrence of the persons 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.
14.Relinquishment of Government rights in a monument.- With the sanction of {Subs., ibid., for " Govt." } [the Central Government], the Commissioner mayâ€"
(a) where rights have been acquired by {Subs., ibid., for " Govt." } [the Central Government] in respect of any monument under this Act by virtue of any sale, lease, gift or will, relinquish 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 accepted under this Act.
15.Right of access to certain protected monuments.- (1) Subject to such rules as may after previous publication be made by { Subs.by the A.O.1937, for " the L.G.".} [the Central Government], the public shall have a nut right of access to any monument maintained by {Subs., ibid., for " the Govt." } [the Central Government] under this Act.
(2) In making any rule under sub-section (1) {Subs.by the A.O.1937, for " the L.G.".} [the Central Government] may provide that a breach of it shall be punishable with fine which may extend to twenty rupees.
16.Penalties.- Any person other than the owner who destroys, removes, injures, alters, defaces or imperils a protected monument, and any owner who destroys, removes, injures, alters, defaces or imperils a monument maintained by {Subs., ibid., for " Govt." }[the Central Government] under this Act or in respect of which an agreement has been executed under section 5, and any owner or occupier who contravenes an order made under section 7, sub-section (1), shall be punishable with fine which may extend to five thousand rupees, or with imprisonment which may extend to three months, or with both.
Traffic in Antiquities
17.Power to Central Government to control traffic in antiquities.- (1) If the Central Government apprehends that antiquities that are being sold or removed to the detriment of India or of any neighbouring country, it may, by notification {For notification, see Gazette of India, 1917, Pt.I, p 989.} in the Official Gazette, prohibit or restrict the bringing or taking by sea or by land of any antiquities or class of antiquities described in the notification into or out of {Subs.by Act 3 of 1951.3 and Sch., for " the territories for the time being comprised within Part A States and Part C States ".}[the territories to which this Act extends] or any specified part of {Subs.by the A.O.1950.for " the Provinces ".} [the said territories].
(2) Any person who brings or takes or attempts to bring or take any such antiquities into or out of {Subs.by the A.O.1950.for " the Provinces ".} [the said territories] or any part of {Subs.by the A.O.1950.for " the Provinces ".} [the said territories] in contravention of a notification issued under sub-section (1), shall be punishable with fine which may extend to five hundred rupees.
(3) Antiquities in respect of which an offence referred to in sub-section (2) has been committed shall be liable to confiscation.
(4) An officer of Customs, or an officer of Police of a grade not lower than Sub-Inspector, duly empowered by the {Subs.by the A.O.1937, for "L.G." }[Central Government] in this behalf, may search any vessel, cart or other means of conveyance, and may open any baggage or package of goods, if he has reason to believe that goods in respect of which an offence has been committed under sub-section (2) are contained therein.
(5) A person who complains that the power of search mentioned in sub-section (4) has been vexatiously or improperly exercised may address his complaint to the {Subs.by the A.O.1937, for "L.G." }[Central Government], and the {Subs.by the A.O.1937, for "L.G." }[Central Government] shall pass such order and may award such compensation, if any, as appears to it to be just.
Protection of Sculptures, Carvings, Images, Bas-reliefs, Inscriptions or like objects.
18.Poweer to Central Government to control moving of sculptures , carvings or like objects.- (1) If {Subs., ibid.for " the L.G.".} [the Central Government] considers that any sculptures, carvings, images, bas-reliefs, inscriptions or other like objects ought not to be moved from the place where they are without the sanction of {Subs., ibid., for " the Govt."} [the Central Government], {Subs., ibid.for " the L.G.".} [the Central Government] may, by notification in the Official Gazette, direct that any such object or any class of such objects shall not be moved unless with the written permission of the Collector.
(2) A person applying for the permission mentioned in subsection (1) shall specify the object or objects which he proposes to move.and shall furnish, in regard to such object or objects, any information which the Collector may require.
(3) If the Collector refuses to grant such permission, the applicant may appeal to the Commissioner, whose decision shall be final.
(4) Any person who moves any object in contravention of a notification issued under sub-section (1), shall be punishable with fine which may extend to five hundred rupees.
(5) If the owner of any property proves to the satisfaction of {Subs.by the A.O.1937 for " the L.G."}[the Central Government] that he has suffered any loss or damage by reason of the inclusion of such property in a notification published under sub-section (1), {Subs.by the A.O.1937 for " the L.G."}[the Central Government] shall eitherâ€"
(a) exempt such property from the said notification;
(b) purchase such property, if it be moveable, at its market - value; or
(c) pay compensation for any loss or damage sustained by the owner of such property, if it be immoveable.
19.Purchase of sculptures, carvings or like objects by the Government.- (1) If {Subs.by the A.O.1937 for " the L.G."} [the Central Government] apprehends that any object mentioned in a notification issued under section 18, sub-section (1), is in danger of being destroyed, removed, injured or allowed to fall into decay, {Subs.by the A.O.1937 for " the L.G."} [the Central Government] may pass orders for the compulsory purchase of such object at its market-value, and the Collector shall thereupon give notice to the owner of the object to be purchased.
(2) The power of compulsory purchase given by this section shall not extend toâ€"
(a) any image or symbol actually used for the purpose of any religious observance; or
(b) anything which the owner desires to retain on any reasonable ground personal to himself or to any of his ancestors or to any member of his family.
{The heading and ss.20, 20A, 20B and 20C subs.by Act 18 of 1932, s.3, for the original heading and s.20 Power of Central Government to notify areas as protected.}
[Archaeological Excavation]
20.Power of Central Government to notify areas as protected.-(1) If the Central Government {The words " after consulting the L.G." omitted by the A.O.1937.} of opinion that excavation for archaeological purposes in any area should be restricted and regulated in the interests of archaeological research, the Central Government may, by notification in the Official Gazette specifying the boundaries of the area, declare it to be a protected area.
(2) From the date of such notification all antiquities buried in the protected area shall be the property of the Government and shall be deemed to be in the possession of the Government, and shall remain the property and in the possession of the Government until Ownership thereof is transferred; but in all other respects the rights of any owner or occupier of land in such area shall not be affected.
20A.Power to enter upon and make excavations in a protected area.- (1) Any officer of the Archaeological Department or any person holding a license under section 20B may, with the written permission of the Collector enter upon and make excavations in any, protected area.
(2) Where, in the exercise of the power conferred by sub-section (1), the rights of any person are infringed by the occupation or disturbance of the surface of any land, {Subs.by the A.O.1937, for "the Govt.".}[the Central Government] shall pay to that person compensation for the infringement.
20B.Power of Central Government to make rules regulating Archaeological excavation in protected areas.- (1) The Central Government may make rules {For such rules, see Gazette of India, 1934, Pt.I, p.1103.}â€"
Power of Central Government to make rules regulating archaeological excavation in protected areas.
(a) prescribing the authorities by whom licences to excavate for archæological purposes in a protected area may be granted;
(b) regulating the conditions on which such licences may be granted, the form of such licences, and the taking of security from licensees;
(c) prescribing the manner in which antiquities found by a licensee shall be divided between {Subs.by the A.O.1937, for "Govt.".}[the Central Government] and the licensee; and
(d) generally to carry out the purposes of section 20.
(2) The power to make rules given by this section is subject to the condition of the rules being made after previous publication.
(3) Such rules may be general for all protected areas for the time being, or may be special for any particular protected area or areas.
(4) Such rules may provide that any person committing a breach of any rule or of any condition of a licence shall be punishable with fine which may extend to five thousand rupees, and may further provide that where the breach has been by the agent or servant of a licensee the licensee himself shall be punishable.
20C.Power to acquire a protected area.- If the Central Government is of opinion that a protected area contains an ancient monument or antiquities of national interest and value, it may direct the State Government to acquire such area, or any part thereof, and the State Government may thereupon acquire such area or part under the Land Acquisition Act, 1894, as l o for a public purpose.]
General
21.Assessment of market-value or compensation.- (l) The market-value of any property which Government is empowered to purchase at such value under this Act, or the {The words " amount of " omitted by Act 18 of 1932, s.4.} compensation to be paid by Government in respect of anything done under this Act, shall, where any dispute arises {Subs.by s.4, ibid., for " touching the amount }[in respect] of such market-value or compensation, be ascertained in the manner provided by the Land Acquisition Act, 1894, sections 3, 8 to 34, 45 to 47, 51and 52, so far as they can be made applicable:
Provided that when making an inquiry under the said Land Acquisition Act, 1894, the Collector shall be assisted by two assessors' one of whom shall be a competent person nominated by the
Collector, and one a person nominated 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.
22.Jurisdiction.- A Magistrate of the third class shall not have jurisdiction to try any person charged with an offence against this Act.
23.Power to make rules.- (1) The Central Government {The words " or the L G." omitted by the A.O.1937.} may make rules for carrying out any of the purposes of this Act.
(2) The power to make rules given by this section is subject to the condition of the rules being made after previous publication.
24.Protection to public servants acting under 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.
THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
(Under Article 226 of constitution of India)
Annexure No.
Civil Misc. Writ Petition No. of 2004
(District â€" Agra)
Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune â€" 411007 and another…………..Pettioners
VERSUS
Union of India through Secretary,
Human Resources and Development (HRD),
Government of India, New Delhi. ……………….Respondents
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.
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
(Under Article 226 of constitution of India)
Annexure No.
Civil Misc. Writ Petition No. of 2004
(District â€" Agra)
Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune â€" 411007 and another…………..Pettioners
VERSUS
Union of India through Secretary,
Human Resources and Development (HRD),
Government of India, New Delhi. ……………….Respondents
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.
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IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
Civil Misc.
Application No. 36818 of 2004
(Under
Section 151 CPC)
In
Civil Misc. Writ Petition
No. .
36818 of 2004
(Under Article 226 of constitution of India)
(District – Agra)
1. Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune – 411007
2. P. N. Oak. S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill
Society, Aundh, Pune - 411007 ,Founder President, Institute of Rewriting
Indian History, Aundh, Pune – 4110071-------------Petitioner
VERSUS
1. Union of India through
Secretary,
Human Resources
and Development (HRD),
Government of
India, New Delhi.
2. Secretary, Tourism and
Archeological Department, Govt. of India,
New Delhi
3. Director General,
Archaeological Survey of India,
Government of India, Janapath, New Delhi.---------Respondents
To,
The Hon’ble the Chief Justice and
his Lordships other companion Judges of the aforesaid Court.
The humble writ petition of the
abovenamed petitioner MOST RESPECTFULLY SHOWETH AS UNDER;
1. That the full facts and
circumstance of the case are given in accompanied writ petition, it is most
respectively prayed that an ad-interiem-mandamus by appointing a facts finding
committee for exposing the falsehood of the Arceaological department regarding
the historical blunder committed by them in respect of their purported claim
set-up in declaring Taj-Mahal, Red- fort Agra, Fatahpur –Sikiri and other
ancient Hindu buildings/ monuments as Muslim monuments and truth may be
disclosed to the public/citizens and students in subject of history regarding
their true authorship prior to Mughal period
in furtherance of their fundamental rights conferred to the Citizens
under Article 19 (1) (a), 25 and 26 read with49 and 51-A(f) (h) of Constitution
of India and Freedom Of Information Act, 2002.
2. That it is further prayed that an
ad-interim-Mandamus directing the respondent authorities after due Scientific
investigation and facts finding inquiry report, the respondents in particular
the Archaeological Survey of India may Declare and Notify in terms of the true
history, as the Taj Mahal was not built by Shahajahan and thereby directing the
Archaeological Survey of India to remove the notices displayed by them in the
Taj Mahal premises crediting Shahjahan as its creator and to futher desist from
writing / publishing / proclaiming / propagating and teaching about Shahjahan
being the author of Taj Mahal and stop and discontinue the free entry in Taj
Mahal premises on Fridays in the week.
That it is further prayed that an ad-interim
mandamus directing the respondent authorities in particular Archaeological
Survey of India 1)-to open the locks of upper and lower portions of the 4
storeyed red stone building of Taj Mahal having numbers of rooms, 2)-to remove
all bricked up walls build later blocking such rooms therein, 3)-to investigate
scientifically and certify that which of
those or both cenotaphs are fake,4)-to look for a subterrance storey below the
river bank ground level, 5)-to look into after removing the room-entrance
directly beneath the basement cenotaph-chamber.6)- by removing the brick and
lime barricade flocking the doorway, 7)-to look for important historical
evidence such as idols and inscriptions hidden inside there by the Shahjahan’s orders as truth may not make us
rich but the same will make us free from superstitions and false propoganda.
3. That it is further prayed that an
ad-interim-mandamus may further be issued
declaring of Ancient and Historical Monuments and
Archaeological Sites and Remains (Declaration of National Importance) Act, 1951
(71 of 1951), The Ancient Monuments And Archaeological Sites And Remains Act,
1958 of declaring these ancient
building/ monuments preserved with such false graeyards identity the provisions
of The Ancient And Historical Monuments And Archaeological Sites And Remains
(Declaration Of National Importance) Act, 1951 to the extend of declaring the
ancient and historical monuments and other and Archaeological Sites namely Taj
Mahal. Fatehpur-sikiri, Agra Red Ford , Ethmadualla and other Monuments as
built by Mugal invaders allegedly on the
basis of report submitted by Then Governor General, Lord Auckland, and young
lieutenant Alexander Cunningham conceived indigenous scheme of “Divide and
Rule” and thereby misusing the
archaeological studies, be declared as ultravires to Article 19 (1) (a), 25,26
49 And 51-A (f) (h)constitution of India and this Hon’ble Court may futher
declare the provision with out any
scientific inquiry/ investigation as purported Mugal monuments / graveyards as unconstitutional
and void.
4. That it is further prayed that an ad-interim
mandamus on the basis of the Research Conducted by the petitioner No.-2 as
published in the different books written by him as referred in earlier
paragraphs namely 1. World Vedic
Heritage, 2. The Tajmahal is a Temple Place, 3.Some Blunders of Indian
Historical Research, 4. Flowers Howlers, 5. Learning Vedic Astrology, 6. Some
Missing Chapters of World History, 7. Agra red Fort is a Hindu Building,
8.Great Britain was Hindu Land, 9. The Taj Mahal is Tejomahalaya a Shiva
Temple, 10.Who Says Akbar was Great, 11. Vedic Guide to Health, Beauty,
Longevity and Rejuvenation, 12. Islamic Havoc in Indian History Published
by-HINDI SAHITYA SADAN 2, B. D. Chambers, 10/54 D. B. Gupta Road, Karol Bagh,
New Delhi-110005, and the truth may be exposed through Scientific
inventions and temperaments to the Citizen/ Students of history by conducting
the research/ excavations of the remains of Hindu monuments by the Central
Government surroundings to all such Hindu Palace/ temple and other ancient
archaeological building/ Monuments as the incidents like demolition of disputed
structure at Ayodhya may not be repeated resulting in mass destruction of the
public property shacking of public confidence under Rule Of Law in the society;
Or and Any other Direction, Which this Hon’ble Court May deem fit in the
circumstances of the case
Prayer
It is most respectively prayed
that an ad-interiem-mandamus by appointing a facts finding committee for
exposing the falsehood of the Arceaological department regarding the historical
blunder committed by them in respect of their purported claim set-up in
declaring Taj-Mahal, Red- fort Agra, Fatahpur –Sikiri and other ancient Hindu
buildings/ monuments as Muslim monuments and truth may be disclosed to the
public/citizens and students in subject of history regarding their true
authorship prior to Mughal period in
furtherance of their fundamental rights conferred to the Citizens under Article
19 (1) (a), 25 and 26 read with49 and 51-A(f) (h) of Constitution of India and
Freedom Of Information Act, 2002.
1. It is further prayed that an
ad-interim-Mandamus directing the respondent authorities after due Scientific
investigation and facts finding inquiry report, the respondents in particular
the Archaeological Survey of India may Declare and Notify in terms of the true
history, as the Taj Mahal was not built by Shahajahan and restrain them from
displaying the authorship of these buildings as constructed by Sahajahan or by
any mughal Invaders thereby directing the Archaeological Survey of India to
remove the notices displayed by them in the Taj Mahal premises crediting
Shahjahan as its creator and to futher desist from writing / publishing /
proclaiming / propagating and teaching about Shahjahan being the author of Taj
Mahal and stop and discontinue the free entry in Taj Mahal premises on
Fridays in the week.
2. It is further prayed that an
ad-interim mandamus directing the respondent authorities in particular
Archaeological Survey of India 1)-to open the locks of upper and lower portions
of the 4 storeyed red stone building of Taj Mahal having numbers of rooms,
2)-to remove all bricked up walls build later blocking such rooms therein,
3)-to investigate scientifically and certify that which of those or both
cenotaphs are fake,4)-to look for a subterrance storey below the river bank
ground level, 5)-to look into after removing the room-entrance directly beneath
the basement cenotaph-chamber.6)- by removing the brick and lime barricade
flocking the doorway, 7)-to look for important historical evidence such as
idols and inscriptions hidden inside there by the Shahjahan’s orders as truth may not make us
rich but the same will make us free from superstitions and false propoganda.
3. It is further prayed that an
ad-interim-mandamus may further be issued declaring the provisions of The
Ancient And Historical Monuments And Archaeological Sites And Remains
(Declaration Of National Importance) Act, 1951 to the extend of declaring the
ancient and historical monuments and other and Archaeological Sites namely Taj
Mahal. Fatehpur-sikiri, Agra Red Ford, Ethmadualla and other Monuments as built
by Mugal invaders allegedly on the basis of report submitted by Then Governor
General, Lord Auckland, and young lieutenant Alexander Cunningham conceived
indigenous scheme of “Divide and Rule”
and thereby misusing the archaeological studies, be declared as
ultravires to Article 19 (1) (a), 25,26 49 And 51-A (f) (h)constitution of
India and this Hon’ble Court may futher declare
the provision of Ancient and
Historical Monuments and Archaeological Sites and Remains (Declaration of
National Importance) Act, 1951 (71 of 1951), The Ancient Monuments And
Archaeological Sites And Remains Act, 1958
of declaring these ancient building/ monuments preserved with such false
graeyards identity with out any scientific inquiry/ investigation as purported
Mugal monuments / graveyards as
unconstitutional and void.
4. It is further prayed that an
ad-interim mandamus on the basis of the Research Conducted by the petitioner
No.-2 as published in the different books written by him as referred in earlier
paragraphs namely 1. World Vedic
Heritage, 2. The Tajmahal is a Temple Place, 3.Some Blunders of Indian
Historical Research, 4. Flowers Howlers, 5. Learning Vedic Astrology, 6. Some
Missing Chapters of World History, 7. Agra red Fort is a Hindu Building,
8.Great Britain was Hindu Land, 9. The Taj Mahal is Tejomahalaya a Shiva
Temple, 10.Who Says Akbar was Great, 11. Vedic Guide to Health, Beauty,
Longevity and Rejuvenation, 12. Islamic Havoc in Indian History Published
by-HINDI SAHITYA SADAN 2, B. D. Chambers, 10/54 D. B. Gupta Road, Karol Bagh,
New Delhi-110005, and the truth may be exposed through Scientific
inventions and temperaments to the Citizen/ Students of history by conducting
the research/ excavations of the remains of Hindu monuments by the Central
Government surroundings to all such Hindu Palace/ temple and other ancient
archaeological building/ Monuments as the incidents like demolition of disputed
structure at Ayodhya may not be repeated resulting in mass destruction of the
public property shacking of public confidence under Rule Of Law in the society.
5. Any other Direction,
Which this Hon’ble Court May deem fit in the circumstances of the case
Dated; 7th
Sepetember ,2004
Yogesh Kumar Saxena
Advocate, High Court
(Counsel
for the Petitioner)
Chamber No.139, High court, Allahabad
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
Civil Misc. Writ Petition
No. 36818 of 2004
(Under
Article 226 of constitution of India)
(District – Agra)
1. Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune – 411007
2. P. N. Oak. S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill
Society, Aundh, Pune - 4110071. Founder President, Institute of Rewriting
Indian History, Aundh, Pune - 4110071 -----------Petitioner
VERSUS
1. Union of India through
Secretary,
Human Resources
and Development (HRD),
Government of
India, New Delhi.
2. Secretary, Tourism and
Archeological Department, Govt. of India,
New Delhi
3. Director General,
Archaeological Survey of India,
Government of India, Janapath, New Delhi.----------Respondents
To,
The Hon’ble the Chief Justice and
his lordships other companion Judges of the aforesaid Court.
The humble petition of the
abovenamed petitioner MOST RESPECTFULLY SHOWETH AS UNDER;
1.
That,
no other writ petition has been filed or pending on the same controversy
involved in the present writ petition before this Hon’ble Court, nor the
petitioner’s institution, namely, “
Institute for Re-writing Indian (and World) History” has received any notice of
caveat application so far in the present writ petition. The petitioner No.1 and
petitioner No.2 are same person, but they are impleaded in different capacity.
2.
That
this writ petition is moved to re-establish the truth and cultural heritage of
our Country. This writ petition is pertaining to the world marvel, one of the
Seven Wonders of the World, namely, Taj Mahal, and other monuments authorship
attributed to Hindu Rulers, much prior to the period of Mugal Invaders. The
ancient monuments and structure are part of our tradition and culture and
evidence of glorious-marvelous architectural achievement and further to that it
is a part of our heritage. Fraud upon history should not be perpetuated as life
is evaluated in the perspective of history. For the sake of history of
heritage, these monuments should be identified, protected and preserved
properly in the right perspective with right historical records of creation and
construction of truth and realities, which includes rectifying and/ or
correcting the wrong records, notions, motivated dis-information and mis-
information.
3.
That this
writ petition is moved in the Public Interest, for a National Cause, to establish
the truth there is no private interest or any other oblique motive, or any
other personal gain. The petitioner institution, known as Institute for
Re-writing Indian History, Thane, having registration no. F-1128 (T) is a
public trust. The founder president of the trust is Shri P.N. Oak S/o Late Shri
Nagesh Krishna Oak, R/o- Plot no. 10, Goodwill Society, Aundh, Pune.411007, who
has written number of books namely 1. World Vedic Heritage, 2. The Tajmahal is
a Temple Place, 3.Some Blunders of Indian Historical Research, 4. Flowers
Howlers, 5. Learning Vedic Astrology, 6. Some Missing Chapters of World
History, 7. Agra red Fort is a Hindu Building, 8.Great Britain was Hindu Land,
9. The Taj Mahal is Tejomahalaya a Shiva Temple, 10.Who Says Akbar was Great, 11.
Vedic Guide to Health, Beauty, Longevity and Rejuvenation, 12. Islamic Havoc in
Indian History.
4.
That
the petitioner No. 2 is the founder President of an Institution, namely, “
Institute for Re-writing Indian (and World) History “. The aim and objective of
that institution, which is a registered society having register no. F-1128 (T)
as the public trust under the provision of Bombay Public Trust Act. Inter alia,
is to re-discover the Indian history. The monumental places of historical
importance in their real and true perspective having of the heritage of India.
The true copy of memorandum of association of the aforesaid society / public
trust having fundamental objectives along with Income tax exemption certificate
under section 80-G (5) of I.T. Act, 1961 for period 1/4/2003 to 31/3/2006 are
filed herewith as marked as Annexure
No.1 and 2 to the writ petition.
5.
That the founder-President of
Petitioner’s Institution namely Shri P. N. Oak is a National born Citizen of
India. He resides permanently at the address given in case title. The
petitioner is a renowned author of 13 renowned books including the books,
titled as, “ The Taj Mahal is a Temple
Place”. This petition is related to Taj Mahal, Fatehpur- Sikiri, Red-fort at
Agra, Etamaudaula, Jama- Masjid at Agra and other so called other monuments.
All his books are the result of his long-standing research and unique
rediscovery in the respective fields. The titles of his books speak well about
the contents of the subject. His Critical analysis, dispassionate, scientific
approach and reappraisal of facts and figures by using recognised tools used in
the field gave him distinction through out the world. The true copy of the
title page of book namely “The Taj Mahal is a Temple Palace” . written by Sri
P. N. Oak, the author/ petitioner No. 2
is filed as Annexure –3
to this writ petition.
6. That the great “Kshatriya
community” pride to defend their faith and the culture of our country against
foreign invasions in converting the monuments by the foreign invaders requires
a sacrificial magnanimity and moral purity in the exposure of the truth to the
public and thereby to safeguard their right of freedom of information couched
under Article 19(1) (a) is the theme behind the writing this Article and the
present Petition .The serene beauty, majesty and grandeur of the Taj Mahal, one
of the seventh wonders of the world and other monuments is still not so well
known to the world regarding the true story of its origin. The magnificent palace,
which was built earlier got converted into the Tomb .The changeover has proved
a shroud deluding from lay visitors to the researchers and the great historian
Sri P.N. Oak, a co-worker of Netaji Subhash Chandra Bose. The popular nostalgia
of legendary love to get the conversion of every Hindu Palace/Temple due to
mythical attachment from fanatic raging fire converting dazzle of leaping
flames and blinding smoke should be discouraged into a cool research regarding
the origin. This is required to check a different form of terrorism prevalent
amongst the crusader of the death to the innocent victim on the psychological
level. Let us examine the scared truth about the origin of the monuments.The
true copy of the title cover of books namely “Some Missing Chapters of World
History” and “Some Blunder Of Indian Historical Research” written by Sri P. N.
Oak containing the Boigraphy sketch of identity of great author are filed as Annexure No. 4 and 5
7.
That the said book, which is the ‘
research paper’ of the author on the subject that the so-called “Taj Mahal “ is not a monument built by an
Invader Emperor Shahajahan in memory of his late wife but a Hindu Shiva Temple
which was converted into a love-memorial by a Invader Emperor. The true copy of
the book was first published in 1968, 2nd edition on 1969, 3rd
edition in 1974 namly THE TAJ MAHAL IS TEJO-MAHALAYA : A SHIVA TEMPLE is filed
herewith as Annexure No.6 and
large 4th edition published in 1993 shall be produced is being
directed by this Hon’ble Court.
8.
That the afforesaid book
contaning 35 pages –booklet lists scrially numbeded 118 points of evidence with
may be treated as the submission made before this Hon’ble Court for making
following demands (I) The Archaeological Survey of India (ASI) be ordered to
remove forthwish its notices at the entrance to the Taj mahal in Agra
attributting its creation to Shahjahan, since those notice in English, Hindi
and Urdu are false and baseless and quate no authority.(II) Misuse of the left
– flank building as a mosque be banned since the entire premises constitute a
pre-Shahjahan Tejomhalaya Shiv Temple complex. (III) Free entry on Fridays be
ordered to be discontinued since there being no geniune mosque in the premises
why should the Government lose a day’s revenue! (IV) If Free entry on Fridays
is not discontinued then Mondays should also be free-entey days because that is
a day of special Shiv worship. (V) The Tejmahal, its two flanking buildings and
a well being all seven-storyed they enclose over a thousand rooms which should
all be thrown open to visitorssince they are charged an entrance free. (VI) The
A.S.I. be ordered to remove its locks from those storyed and also pull down the
crude unplastered walling-up by Shahjahan of staircases, ventillators and
doorways leading to those sealed rooms. (VII) The A.S.I. be directed to search
for hidden histirical evidence such as inscriptions, divine idols etc. in those
sealed rooms and thick walls tampered with by Shahjahan. (VIII) The water in
the seven-storyed wall be pumped out to look for jettisoned valuable and
inscription etc. at its bottom when Shahjahan’s Mogul troops swooped to
confiscate that temple palace complex and the bullion, gems, gold-pitcher, the
gem-studded gold-railing and the Peacock Throne inside, owned by Raja Jaisingh
of Jaipur. (IX) Beating of Nagaras (drums) at ausicious dawn and dusk hours be
resumed as of yore in the two Nagarkhanas in the premises. (X) Since the Taj
has two cenotaphs each in the name of Shahjahan and Mumtaz in two storeyes at
least one each of those two pairs of cenotaphs must be fake since Muslims don’t
cut their dead into two pieces to be buried under two cenotahs it is belived.
Even the basement conotaphs could’s be genuine because they are two storeyed
higher than the Yamuna river bed ground level. Therefore the ASI be directed to
investigate which of those cenotaphs if any are genuine or whether both are
fakes or whether there are any more fake conotaphs upto the ground level ? (XI)
The Koranic graft patched along the entrance arches be ordered to be removed
since those are illagel forged imposition to be Islamic lettering desecrating
the ancient sacred Shiv shrine. (XII) Extensive repairs to the hundreds of
sealed or locked rooms in the storeyes beneath and above the marble floor be
ordered to be undertaken immediately to prevent collapes of the Tajmahal from
internal weakness. (XIII) The A.S.I. should be directed to intestigate as to
who stencilled the Arabic letter ‘Allah’ and some Englishmen’s names on the
mental pinnacle shift rooted in the dome, since no such names exits on the full
scale replica of the pinnacle shaft inlaid in the red stone courtyard on the
eastern flank of the Tajmahal. (XIV) The Muslim attendants squatting by the
side of the cenotaphs should be decommissioned and disbanded because the
cenotaphs are fakes covering the ancient Shivlings. (XV) Since the towering
seven-storyed Tajmahal edifice must have been raised over an underground
basement the ASI should be directed to investigiate whether there is any such
hidden, buried basement as was the ancient Vedic practice.
9.
That
in 1155- 1158 A.D.It is said that Raja
Paramdardi dav, a Jat Ruler on his behalf and on behalf of the Minister
Salakahan who constructed Tejoji Mahal which came in occupation Of Raja Man Singh and remain in possession of Raja
Jai Singh when It was tken for conversion to Taj Mahal, for the purposes of
shifting the remains of Arjumand Banu( Mumtaj )W/o Emperor Shahajahan Died In
between 1629-1632 and buried at Burhanpur and her body Exhumed after about 6
months (as disclosed in Shahajan Badshahnama written by MullaAbdul Hameed lahori).
10.
That, it is said that in
1629-1632 A.D. Arjumand Banu( Mumtaj )W/o Emperor Shahajahan Died in between and was buried at Burhanpur and her body may be
Exhumed after about 6 months.It is submitted that 1641-1668 A.D.is probable
period of the shroud deluding changeover of Hindu Palace/Temple as
mughal Monument/ Graveyard. It is submmited that in 1652 A.D. Aurangazab Letter
showing his somsidern about need of elaborate
repairs of Taj Mahal.. If Taj Mahal was constracted in 1641 to 1668, why
Auranjab sought for illobrate repair. It was nothing, except for changing the
authoriship of building as Mughal monument. In 1658 A.D. Emperor Shah jahan
died. Their after his graveyard was also placed in Taj Mahal near the graveyard
of Arjumand Banu( Mumtaj )W/o Emperor Shahajahan. It appear that koranic in
graving dragged for camouflaging Hindu building with Muslim Lattering as a
hoary tredition, which is evidence Adhai- Din-Ka-opda at Ajmar which was a part
of vigragharaj Vishandeo’s palace an also at kutabminar with a legerdemain of
Islamik carinngs on it.
11.
That in 1843 A.D., the
Governer General Lord Auckland with his lieutenant cunningham tempered entire
historical data of the arcologicaly department by converning the authoriship of these Hindu palaces to Mughal
monument for adoptding the policy of “Divide and Rule”. A deep Conspiracy
Committed By Lieutenant Alexander Cunningham in 1842-1847.
12.
That in 1904 A.D., the provisons of The Ancient Monuments Preservation Act,
1904,have further tempered the entire histrocial data of the arcologicaly
department by converning the authoriship of these Hindu palaces/monuments to
Mughal monument for adoptding the
policy of “Divide and Rule”
13.
That in 1951 A.D., the
provision of “The Ancient And Historical Monuments And Archaeological Sites And
Remains (Declaration Of National Importance) Act, 1951”are further intesified
the falsehood of these Buildings by shifting the authership of these monuments.
Thus this Writ Petition is filed seeking declaration to the extend of declaring
the ancient and historical monuments and other and Archaeological Sites namely
Taj Mahal. Fatehpur-sikiri, Agra Red Fort, Ethmadualla and other Monuments as
built by Mugal invaders allegedly on the
basis of report submitted by Then Governor General, Lord Auckland, and young
lieutenant Alexander Cunningham conceived indigenous scheme of “Divide and
Rule”and thereby misusing the
archaeological studies, be declared as ultravires to Article 19 (1) (a), 25,26
49 And 51-A (f) (h) Constitution of India.
14.
That this Hon’ble Court may
futher declare the provision of Ancient and Historical Monuments and
Archaeological Sites and Remains (Declaration of National Importance) Act, 1951
(71 of 1951), The Ancient Monuments And Archaeological Sites And Remains Act,
1958 of declaring these ancient building/ monuments preserved with such false
mughal identity with out any scientific inquiry/ investigation as purported
Mughal monuments / Graveyards as unconstitutional and void.
15.
That in 1968 A.D Sri P.N.Oak
written his first book titled as Taj Mahal is TEJO-MAHALAYA : A SHIVA TEMPLE.
In 1974 A.D. It is submitted that in the Carbon dating test –14 conducted of
the doors timber placed on the Northern side of
Taj Mahal building now remooved from its location Towards Yamuna River
at Dashahara Ghat and Basai Ghat from where the public could have a glance
towards Shiva Temple constructed at the top of
Raja Mansingh Palace Which was in Occupation of his grand Son Raja Jai
Singh, when it was forciably taken by Emperor Sahajahan for burial of Arjumand
Banu( Mumtaj )W/o Emperor Shahajahan Died in between and buried at Burhanpur and her body Exhumed
after about 6 months
16.
That this book is being
well accepted in India and abroad. The popular nostalgia for legendary love has
helped fan then flame of Shahajajahan’s mythical attachment to Mumtaz into a
raging fire, envoloping the taj in the dazzale of leaping flames and blinding
smoke of imaginary accounts, discouraging the cool, dispassionate research
about its origion It has raised no controversy. Since the reasons given therein
supported with documented record have proved conclusively the findings and
conclusions of the author. Thus the objective of the research conducted by the
petitioner No.2 is not to cultivate any animosity or any thing to invade the
feeling of any citizen, except the exposure of the truth to the citizen,
historians and to the young generation, as they may not be mislead by
falsehood, in order to swept away by the impulse of terrorist oriented approach
of the fundamentalist under our secular democratic structural approach in the
preamble of our constitution.
17.
That Hindu Palace/Temple
conversion in Invader Monuments like Taj Mahal- Invasion of our Indian Heritage
by Archaeological Dept under the garb of The Ancient Monuments And
Archaeological Sites And Remains Act, 1958 ( Act No.24 of !958)- Indian Historical Blunders – A deep Conspiracy
Committed By lieutenant Alexander
Cunningham in 1842-1847.Reference collected from the books of Sri P.N. Oak –
The Taj Mahal Is A Temple palace – Some Blunder of Indian Historical Research
–Some Missing Chapters of World History- AGRA RED FORT is a Hindu building.
Published by-HINDI SAHITYA SADAN 2, B.D. Chambers, 10/54 D. B. Gupta Road,
Karol Bagh, New Delhi-110005.
18.
That the freedom of speech
and expression is basic to indivisible from a democratic polity .It includes
right to impart and receive information. Restriction to the said right could be
only as provided in Article 19(2) to (6) of the constitution of India. The old
dictum let the people have the truth and the freedom to discuss it and all will
go well with the Government. It should prevail. The true test for deciding the
validity is whether it takes away or abridges fundamental right of the
citizens. If there were direct abridgement of the fundamental right of freedom
of speech and expression, the law would be invalid. If the provisions of the
law violate the constitutional provisions, they have to be struck down and that
is what is required to be done in the present case .It is made clear that no
provision is nullified on the ground, that the Court does not approve the
underlying policy of the enactment.
19.
That the ambit and scope of
“Right to Know “ along with right of conscience, fath and Religion are
conferred fundamental right under Article 19 (1)(a), 25, 26, 49, 51-A (f) (h)
of the Constitution of India; read with the provision of Freedom of Information
Act, 2002 .The right to get information in democracy is recognized all
throughout and it is a natural right flowing from the concept of democracy
itself. Freedom of expression may be necessarily included in the right of
information. There is no expression with out having an idea on the subject,
regarding which the expression of an individual may be given effect to change
the existing values of ideology, which are based on the notable extracts of
certain facts. An enlightening informed citizen would undoubtedly enhance
democratic values. On one hand, we are suffering from the past prejudice of
caste predomination amongst the different section of the citizen. This country
called as Arya Varta in the ancient time was so excellent, as there was no
match equal to our country on this earth. The creation of the terminology of
Aryan considering themselves to be noble was earlier regarded the real
philosopher’s touchstone to eradicate the falsehood from its perception.
However by the gradual deterioration in the standard of the good behavior,
righteousness, decency which were having the foundation of impartiality, love
and conscientiousness, there has been the complete absence of discrimination in
the social coordination. The true copy of the provision of Freedom of
Information Act, 2002 is filed herewith and marked as Annexure No. 7.
20.
That truth will not make us rich,
but it will certainly make us free. The wrong historical data leads to the
horror, as we have seen during the period of demolition of the Babri Masjid.
There has been number of concomitant given by the respective community
representing to the follower of two prominent religions, but the loss that we
have suffered in the shape of hatred between the two section of the society,
cannot be compensated without revealing the truth. Unfortunately, the term
Hindu communalism is more exaggerated by the fanaticism under the garb of
secularism, while the Hindu community as a whole has always been receptive to
all the religion. The question, which is cropping its importance, is much more
in relations to the question pertaining to Invader contributions to Indian life
and culture. Such facts which have been geared to brainwash the subject of the
pupil, with that of perverted history under the long spell of foreign rule, may
be distorted according to the command of the ruler and as such till date the truth
has not brought forward to the surface and is exclusively aliens to the
appeasement policy generated in order to rule the parliamentary democratic set
up in our country.
21.
That the mentalities affect and
paralyse the traditional heritage and provide a loss to the integrity of our
country. Our ancient ancestors namely Rana Pratap and Chattrapati Shivaji
Maharaj and Guru Govind Singh during the period of Mughal rulers have not
conceded with the terror and torture, they used in proselytization. It is very
shameful for the independent citizens to live under the false perception of
character assassination. Thus in all fairness, we may be bound to accept that
although the Britishers may pose themselves more civilized, but inspite of
their so called great insight, there is the historical blunder committed by
them, while writing the Indian history in relations to the authorship of the
monuments. Invader rulers, without exception were sadist, yet they represent
themselves as just, kind and patrons of learning. The construction is seen with
all Hindu traditions, while these foreigners, who were either Invader or
crusaders have done the destruction of these constructions. These persons were
stained with all wickedness and disgraceful conduct, which is still apparent in
the society and remain prevalent during a thousand year of rampant Invader
communalism, then how we can expect that they have not demolished all the Hindu
Temple and converted them with slight modification as their monuments. The
township of Ferozabad, Tuglaqabad, Ahmedabad, and Hyderabad are falsely
ascribed to that of Sultan, though the same was belonging to our ancient Hindu
Rulers. The country in which the milk was available to every citizen without
investing any money to the extent of his requirement and consumption has now
been adulterd after ruthless killings of our cattle’s by these invaders of the
public confidence. Actually “Hinduism” is nothing representing to religious
foundations, but our belief, synonymous to nationalism and sooner it may be
understood and practiced in such a manner, we may seek the protection of our
integrity by saving the population of the innocent citizens.
22.
That at Dilwara Jain temple
in District Shirohi, Rajasthan having the white Marvel and the Elephants
statue, there are still the sign of the atrocities committed by these Mugal
invaders having the mass destruction of the construction on the upper portion
of structure. However, since the temple lying below the surface was filled up
with the mud and earth., this Dilwara Jain Temple having identical construction
as that of Taj Mahal and other Marvel buildings could have been saved from
these invaders of Humanities. Thus the truth may be exposed to the public that
the invaders were never the Builders of monuments, but they were rather the
destroyer of our ancient cultural heritage, which was preserved by the 85% of
Hindu citizens from the time immortal. Let Hindu be now permitted to save their
temple from being converted to the Graveyards any more by our so-called
guardians of society under the appeasement policy of “Divide and Rule”.
23.
That the mankind must
be satisfied with the reasonableness within reach and the decision-making
process may belong to the knowledge of the law. Thus the reasonableness and the
rationality, legality, as well as philosophically, provide colour to the
meaning of fundamental right .The concept of equality is not doctrinaire
approach. It is a binding threat, which runs through the entire constitutional
text. Thus the affirmative action may be constitutionally valid and the same
cannot ignore the constitutional morality, which embraces in itself the
doctrine of inequality. It would be constitutionally immoral to perpetuate
inequality among majority .The constitution is required to kept young energetic
and alive. The attempt be endured to expand the ambit of fundamental right. It
is said that the dignity of the ocean lies not in its fury capable of causing
destruction, but in its vast extent and depth with enormous tolerance. Thus the
wider the power, the higher the need of caution and care, while exercising the
power.
24.
That public education is essential
for functioning of the process of popular government and to assist the
discovery of truth and strengthening the capacity of individual in
participating in decision making process .The decision making process include
the right to know also and pushing the protection beyond the primary level
betrays the bigwigs desire to keep the crippled more crippled forever. The
education of spiritualism is the foundation for value based survival of human
being in a civilized society. The force and sanction hidden behind civilized
society depend upon moral value; and the morality cannot be cultivated through
the falsehood of ideological barrier. Thus the children may not be required to
read such facts, which are having the foundation of falsehood.
25.
That our educational
institutions are the foundation of the characteristics; on the basis of which;
the young generation will solve the problem of national solidatory and
integration. The children are taught to adhere with the truth for their
existence in future; but the alarming situation linked with the history written
by the alien rule has not only nurtured the myth amongst the independent
citizens; but many monuments have been falsely credited to the alien Invader
rulers, who were driven across the Indian borders at sword point and continued
to rule our nation mercilessly without given any importance to the existing
palace and the temple built by the inhabitant ancestors of the rulers at the
contemporary period.
26.
That education is an investment
made by the nation in its children for harvesting a future crop of responsible
adults productive of a well functioning society. However children are
vulnerable. They need to be valued, nurtured, caressed, and protected.
Imparting of education is State function. Thus since the human mind is not a
tape recorder, it would make a perfect reproduction letter in the society .It
is said that every State action must be informed by reason. Thus the freedom of
expression, which includes “Right to Know” may be allowed to be enjoyed by the
citizen to the fullest possible extent without putting shackles of avoidable
cobweb of rules and regulations putting restriction on such freedom. Justice
has no favorite, except the truth. A reason varies in its conclusion according
to the idiosyncrasy of the individual and the times and the circumstances, in
which he thinks.
27.
That the terminology of history is
derived from Greek word ‘Historia’ meaning there by an enquiry. Since the
enquiry is nothing, but the same is attributed to the different branch of
knowledge. Thus the inquisitiveness is always generated in educated mind. The
history should not be guided solely on etymological terminology. The meaning of
‘Itihas’ which is derivated from a Sanskrit word, leads to three terminology
.The first one namely ‘iti’ means such and such (a happening or event),’ha’
means indefinitely while ‘aas’ means happened. Thus the history is
chronological happening of the different event during the past period
28.
That the Student/children, the
future citizens under taking the education of Indian History studying on the misconception/ pattern of
Anglo Saxon teaching, which was meant for division of Indian society on the
policy of “Divide and Rule”. There is a important question posed, as to whether
we have actually gain our independence or we have to undertake another journey
full of animosity, aggressism on account of terrorism and fanatic ideology
prevalent throughout the World of some particular religion. Thus on account of
being sentinel /Guardian at large, this is the voice of the majority of Hindu
Citizens to save our ancestral cultural heritage and thereby to give protection
to our future citizens. They have the threat of being subjected to atrocities,
if the drastic step to save the citizens from the oppression and exposure of
falsehood may not be done at an earliest time. Thus every nationalist, who has
got a slightest patriotic cult in his inhibition, has got a Fundamental Right
and a Constitutional Duty to safeguard our cultural heritage against the
falsehood. Imparting of education is a State function. The State, however,
having regard to its financial and other constraints is not always in a
position to perform its duties. The function of imparting education has been,
to a large extent, taken over by the citizens themselves. Some do it as pure
charity; some do it for protection of their Interests.
29.
That Article 25 of the
constitution in India secures to every person, subject of course to public
order, health and morality and other provisions of Part III, including Article
17 freedom to entertain and exhibit outward acts as well as to propagate and
disseminate such religious belief according to his judgement and conscience for
edification of others. The right of the State to impose such restrictions as
are desired or found necessary on grounds of public order, health, and morality
is inbuilt in Arts. 25 and 26 itself. Article 25(2)(b) ensures the right of the
State to make a law providing for social welfare and reforms besides throwing
open of Religious institutions of a public character to classes and sections of
Citizens and any such rights of State or of the communities or classes of the
society were also considered to need with due regulation in the process of
harmonizing the various rights. The vision of the founding fathers of the
Constitution to liberate the society from blind and ritualistic adherence to
mere traditional superstitious beliefs sans reason or rational basis has found
expression in the form of Art. 17 of Constitution of India. The protection
under Arts. 25 and 26 extends a guarantee for rituals and observances,
ceremonies and modes of worship which are integral parts of religion but as to
what really constitutes an essential part of religion or religious practice has
to be decided by the courts with reference to the doctrine of a particular
religion or practices regarded as parts of religion
30.
That a society, where there is no
moral values, there would neither be social order nor secularism. Bereft of
moral values secular society or democracy may not survive. Almighty alone is
the dispenser of the absolute justice. Thus an independent and efficient
judicial system, belong the repository of omnipotent power is always consider
as one of the basic structure of our constitution. The pre-constitutional days
cannot be countenanced as a source of law to claim any rights, when it is found
to violate human rights, dignity social equality amongst citizen. Democracy
cannot survive and the constitution cannot work unless Indian citizens are only
learned and intelligent; and they are also of moral character and imbibed the
inherent virtue of human being such as truth, love and compassion. Duty of
every citizen of India is collective duty of the state.
31.
That every citizen of India is
fundamentally obligated to develop a scientific temper and humanism .He is
fundamentally duty bound to strive towards excellence, in all sphere of
individual and collective activity, so that the nation constantly rises to the
higher level of endeavor and achievements. Everyone, whether individually or collectively
is unquestionably under the supremacy of law. However it is true that
exaggerated devotion to the rule of benefit must not nurture fanciful doubts or
lingering suspicion and thereby destroy social defense, as the curiosity cannot
be the subject matter of fair criticism. Thus the conclusion derived that on
one hand, every citizen is having the freedom of speech and expression so far
as they do not contravene the statutory limits and may prevail in the
atmosphere with out any hindrance. Fundamental duties and the obligation of the
citizen may yet provide a valuable guide and aid to interpretation of
constitutional issues which not only required for resolving the issues but also
to provide guidance to the society. Giving a man his due, one of the basics of
justice finds reflected in right to equality .Law frowns upon such conduct thus
the court accords legitimacy to possession in due course of time.
32.
That the concept of sovereignty
was present from the ancient time but the sovereignty was conferred upon an
individual who is suppress the wicked and is recognized as great resources in
itself like the god of fire, air, sun, moon and religion. The religion in the
ancient time was considered as spiritualism and it was not dependent upon any ritual
ceremony, but it was considered s the knowledge in the darkness of ignorance
and injustice. The sovereignty was supposed to promote the cause of the
religion, wealth and enjoyment of life and those, who were voluptuous,
malicious, mean and low-minded, were ruined by the retributive justice. Thus
the sovereignty was considered as a destroyer of the wicked by fire; a
restrainer of the wicked by storm (Varun) and its controller. It was considered
to be the dispenser of ease to the best pupil like the moon and a replenisher
of wealth. These qualities were the quality of the sovereign power.
33.
That now the sovereignty is
attributed upon the three institution namely the legislature, the executive and
the judiciary. The combined effect of the three institutions makes a democratic
society. The legislature is creature like lord Brahma while the executives like
lord Vishnu may provide the welfare to the public. The judicial institutions
like lord Shiva is the dispenser of justice and is also the protector of all
subjects. The law of retributive justice wakes when the people sleep. Hence
wise men regard the law or punishment as virtue or religion.
34.
That the sovereignty and the
people should form three Councils, Educational, Religious, and Administrative.
One individual should not have the absolute power of government, the
sovereignty being the general president of the councils .The qualifications of
the president the presidents of separate councils are their interest in the
welfare of the country, their excellence of learning and character, and their
influence over the people. A country prospers as long as the people are
righteous. Also their welfare requires the appointment of learned educational
officers, appointment of learned men as the dignitaries of the spiritual
council and of virtuous learned men as administrators. Obedience to law is
required of all.
35.
That the secularism is the
basic structure of constitution and as such in absence of study of religion for
generating brotherhood amongst the fellow citizens as to provide mutual
coordination and the ideology of live and let live to other is the basic
education, which cannot be said as an attempt against the secular philosophy of
the constitution .The constitution as it stands does not proceed on the
“melting pot theory” while it represents a “salad bowls”, where there is
homogeneity without any obliteration of identity . The foundation of the
religion is spiritualism, which is based on trust and confidence and an ability
to strive for the good self of the other individual. The law must be
enforceable to preserve the society with out any derivation and hindrance and
thus it may not resultantly face the social catastrophe.
36.
That the little Indian shall
not be hijacked from the course of freedom by mob muscle method and thereby to
subtle perversion of discretion by other large Indian “dressed in little, brief
authority”. The people of our country has right to know every public Act and
the principle of finality may not be insisted upon as the maxim “interest reipublicae ut sit finis litiun”. Wisdom
and advisability of public policy may be demonstrated in order to given effect
to the statutory provisions under our constitution thus an inquiry and
investigation may be needed a complete with the opinion of the expertise to
arrive a conclusion as to whether the plurability in a society is not splited
the very object of the law through appeasement to the minority group of the
citizen in order to provide a conducive political social and legal framework
with out destroying the very fabric on the basis of which the pillar and the
foundation were built in order to assimilate the minorities with the majority.
37.
That the Hon’ble court may never
venture to disown its jurisdiction when the constitution is found to be at
stake and the fundamental rights of the citizen are under fire of falsehood and
thereby usurpation of the power by terrorizing for personal leisure and
pleasure through self created dogmas and rituals of particular religion at the
cost of other citizens. Thus the exposure of the falsehood may become the right
of the affected party to vanish the assertion based on unpatriotic sentimental
perversity.
38.
That in Bijoe Emmanuel Vs
State of Kerala (1986) 3 SCC 615, the
question raised in the aforesaid case, as to whether three children who were
faithful to “Jehovah’s witnesses” may refuse to sing our national anthem or
salute the national flag of our country despite being the student in the school,
where during morning assembly, the national anthem is sung by other children.
The circular issued by the Director of Public Instruction, Kerala provided
obligation of school children to sing the National Anthem. Thus these children
were expelled. The Hon’ble Supreme court while setting aside the aforesaid
order of expulsion of the children from the school was pleased to examine, as
to whether the children faithful to “Jehovah’s witnesses”, a worldwide sect of
Christianity may be compelled against tenets of their religious faith duly
recognized and well established all over the world which was upheld by the
highest court in United States of America, Australia and Canada and find
recognition in Encyclopedia Britannica. It was held that the appellants truly
and conscientiously believed that their religion does not permit them to join
any rituals except it them in their prayers to Jehovah, their God. Though their
religious beliefs may appear strange, the sincerity of their beliefs is beyond
question. They do not hold their beliefs idly and their conduct is not the
outcome of any perversity. The appellants have not asserted the beliefs for the
first time or out of any unpatriotic sentiments. Their objection to sing is not
just against the National Anthem of India. They have refused to sing other
National Anthems elsewhere. They are law
abiding and well-behaved children, who do stand respectfully and would continue
to do so, when National Anthem is sung. Their refusal, while so standing to
join in the singing of the National Anthem is neither disrespectful of it, nor
inconsistent with the Fundamental Duty under Article 51 A (a). Hence no action
should have been taken against them.
39.
That in a pluralistic society
like India, which accepts secularism as the basic ideology to govern its
secular activities, education can include study based on “Religious Pluralism”.
Religious pluralism exclusivism and encourages inclusivism. Thus in pluralistic
society, it is necessary that there may not be any encroachment upon the
follower of other ideology. Value based education is likely to help the mission
to fight against all the kinds of prevailing fanaticism, ill will, violence,
dishonesty, corruption and terrorism in the different form Citizens by getting
the protection to a certain degree of preference to the minority on the cost of
majority of citizen .The education is permissible only on the grounds of
convenience, suitability and familiarity with an educational environment but
the same should not be excessive to the substantial departure of tolerance and based on practically not
existent intolerable fanatic ideological
aggressism .
40.
That the prevalent
socio-economic system having the vast majority of the people, ignorant
uneducated and easily liable to be mislead may also be provided their due
legitimization in governance of their life as they repose tremendous faith in
the secularism .It is the constitutional obligation of the state to provide the
justice by emancipation of the falsehood as the commitment of Article 19 (1)
(a), providing right of expression to an individual. It may be unreasonable if
we are unable to give the exact definition of reasonableness to the people in a
democratic institution .Law cannot afford any favorite other than truth as the
manifest injustice is curable in nature; rather than incurable mediocrity over
meritocracy, which cuts the root of justice. Protective push or prop by way of
reservation or classification must withstand any over generous approach to the
section of the beneficiary, if it handles the effect of destroying another’s
right to education, more so, by pushing in a mediocre over meritorious and
thereby belies the hope of generating the social coordination.
41.
That long slavery, paradoxically
enough, makes the slave to look upon the very change that bind him as his life
support. This story was told to the convict in ancient time and who was
confined in the dingy cell for fifteen years. After fifteen year the detainee
was set free and he gingerly step out of the prison gate. His eyes, which were
used to the dim light wilted at the bright sunshine outside everything
including traffic, the gazing eyes were the strange look to the detainee and as
such he felt terrified. He took a long look at the outside world and thereafter
he inhaled a deep breath and there after by a sudden dash he again reached to
his dog’s tether in the cell as his imprisonment has sapped his
self-confidence. This is what has happened in India.
42.
That this feeling utter
destitution, dejection, desperation and the loss of all confidence is the
result of our slavery, by which the Indians have forgotten their own past
history, lost freedom and obliviousness of the delights of an unfettered life
thus it is necessary to keep the flame of the truth burning in the heart of
every enlightened citizen as the majority of the public is unaware of the
truth.
43.
That the glory of our country may only
be restored when our traditional heritage culture may revive, when every
citizen may get the rid from adulterated history. The historical concepts,
which have been distorted during the long period of slavery, may become a task
of utmost importance and urgency. An inadequate understanding on impressionable
citizen has resulted in the further accessibility in implanting the misleading
concepts and thereby breaking the heads and idols of the fellow citizen due to
the segmentation of the society in many composition.
44.
That the true history must
atleast be written in the contemporary language and it should remain
independent from interpolation, otherwise the very existence of our cultural
heritage may be evaporated from the sight of the future generation. The Governor General, Lord Auckland, and young
lieutenant Alexander Cunningham conceived indigenous scheme of misusing the
archaeological studies. This young Cunnigham, an army engineer had no training
in the archaeological department, he wrote a lengthy letter dated September 15,
1842 suggesting archeological exploration in India. This letter is reproduced
on page no 246 Volume 7 journal of Royal Asiatic Society, London, 1843 A. D. It
discloses that the purpose of archeological exploration in India is neither the
study; nor preservation of historical monuments, but to use archeology as the
imperial tool to create mutual dissension and resentment between Buddhists,
Jains and other Hindu with Invaders by falsely crediting all monuments to the
authorship to alien invaders while few may be labeled as that of being constructed
by Buddhist or Jain, but not by Hindus.
45.
That the indo-saranice
theory of architecture is the existence of Hindu patrons in all medieval
monuments thus it is necessary that the credit must be given to such Hindu
artists who designed the monuments. It may not be given to medieval cruelty and
fanaticism adopted by chauvinistic Invader invaders. The infidel designs on
each and every Invader mosque and tomb reveals the tolerance of Hindu citizens
who were subjected to the cruelty and terrorism from the last one thousand
years. This article does not reflect any animosity between the different
section of the society but this is a description of sum of the thought
provocating a revelation in relations to the blunder committed by the Historian
on the foundation of sacrosanct concepts.
46.
That the pioneer, In English
daily newspaper of Lucknow it was observed that “The Archeological survey of
India reports (brought out under Alexander Cunningham) are feeble, inane and
all but useless and the Government has reasons to be ashamed of the majority of
the volume. It appears that Cunningham planted false Invader cenotaphs inside
Hindu building, inserted Koranic over writing on Hindu edifices and sponsored
the fabrication of documents to be given to Invader caretaker for conversion of
the Hindu Building like Taj Mahal, Red fort, Fatehpur Sikri, Sikandara,
Etmadudullah built by Hindu rulers to the Invader monuments. Let us begin with
the dubious instance of 230-ft. high tower called as Qutub Minar to which
historian claims to have been built by Qutuubbdin Aibak from 1206-1210 A.D. The
other historian claims that it was built by his son- in- law and successor
Iltmash, while other claim it to be built by Allauddin Khilji. The fourth view
is of Ferozshah Tuglaq, while the fifth view is that all these rulers jointly
or severely built the tower. Everyone knows that there is no basis for the
above assertion. But the public knows the truth by mere seeing the sight of
Qutub Minar that the same is having so many deity and temple adjoining to this
monument. The true copy of report published in Hindustan Times regarding the
sign of maker of Taj Mahal published on 6th July 2004 is filed as Annexure No. 8 .
47.
That these historians may be
impeached for gross dereliction of their duty and for committing cheating upon
the conscience of the public. The truth is not amenable to all individual as no
one could dare to become vigilant enough and to collect true version about the
mediaeval township of Hindu rulers. We therefore caution the world of history
not to place any faith in Anglo-Invader translations of Invader lettering or
documents made hitherto.it is submited that The number of report regarding the
authorship of Taj Mahal, Fatehpur-sikiri published in Amar Ujala on the basis
of the reserch condect by its Senior Sub-Editer Sri Bhanu Pratap Singh Resident
of Shastri-puram, Bodala Road, Sinkandra, Agra shell be produced at the time of
arguments.
48.
That the Later Percy Brown, James
Ferguson, Sir Kenneth Clarke, Sir Bannister Fletcher and Encyclopaedia
Britannica orchestrated the same cunning tune of Cunnigham. That resulted in
firmly establishing and perpetuating a colossal archaeological fraud which is
being sedulously taught all over the world as profound academic truth and is
echoed in newspaper articles and telecasts for over a century. Cunningham’s
suggestion was obviously highly appreciated. Because when he retired from the
army as a Major General he was straightaway appointed the first archeological
surveyor of India in 1861,as director from 1862 to 1865 and as Director General
from 1871 to 1885. Thus the historical
data based on archeological study conducted by Cunningham are scheming brain of
notorious design regarding their vagueness and deceptive notions. The
archeological survey of India was dramatically closed from 1861 to 1865 when
the two assistant of Cunningham namely J D Beglar and Carlleyle took over the
charge and prepare the list of historical monuments with fabricated historical
records. Consequently persons working around the world as the expert Invader
known as Saracenic architecture in museum became the pseudo experts unwittingly
perpetuating the fraud with the people. T he historical cities were converted
to Islam and the pre Invader edifices built according to the Vedic architecture
were vanished from existence.
49.
That the ancient Indian history
is remarkable from the time of the epic of Ramayana and Mahabharata. There are
the evidence that their exists the Hindu palaces having the creation of it by
the marble and other precious stone. In the ancient time there was sculpture
based on our ethical and religious concepts. The cultural heritage was in
existence in the form of iron pillars, the mandate of the ruler on copper
scripts and the creation of the artistic image indicating civilization on the
different religious temple of the contemporary period. These were the valuable
antiques, which were ruthlessly destructed by the foreign invaders. The portraits
of the ruler and their identification could be seen on the rocks and coins of
the relevant period, which are hidden inside the earth due to the barbaric
destruction of our Hindu heritage. The prominent place of these heritage found
are at Mohinjaddeo, Harrapa (Sind), Takshila (Punjab), Kaushambi, Sarnath,
Mathura(Uttar Pradesh), Patilaputra , Nalanda(Bihar), Rajgiri , Sanchi,
Burhotra (Madhya Bharat),Agadi, Vanvasi, Talkand and Maski(south).
50.
That there has been number of
articles written by foreign visitors/delegates/diplomat and ambassadors amongst
whom Magastahenes from Domiscus (Syria) and Deoneses (Egypt) are prominent .The
descirption of the great ruler Sri Chandragupta Maurya may be found in the
writing of Magasthenes. The Chinese writer Faiyan left the glimpse of
Vikramaditya period thereafter Honchong came to India and remained here for
about 15 years who has described the period of Harshvardhan religious and
social coordination. Harshvardhan was the prominent ruler of our nation. At the
last we may get some description from the article of Alavruni who came along
with Mohammed Ghaznavi and examined the traditions of Hindu which are described
in (Tahikate hind )
51.
That thus the civilization at Sindh
river at Harappa has got the enormous storing capability of the food articles
which were distribute by the Hindu rulers during their ‘Anusthan’ in the
different part of our country .The discovery of
‘Godam’ meant for storage of the grains is still found in Harrapa
civilization which has become a part of Pakistan after th division of our
country. It is evident that the people of the contemporary period were having
their expertise in molding the copper pots for storage of the valuable herbal
extracts meant for providing the cure from the ailments. All these cultural
heritage of our Hindu civilization has not been preserved by our archeological
department.
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