Ancient Monument Preservation Act, 2013 (1956)


Published: 1956

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Ancient monument preservation act 2013 E

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Ancient Monument Preservation Act, 2013 (1956)
Date of Publication in Nepal Gazette
2013.7.27 ( 12 Nov.1956)
Amendments Date of Authentication and Publication
1. Some Nepal Laws (Amendment and Re-management) Act, 2020 (1964)
2020.11.16 (28 Feb. 1964)
2. Ancient Monuments Preservation (First Amendment) Act, 2020 (1964)
2020.11.16 (28 Feb. 1964)
3. Ancient Monuments Preservation (Second Amendment) Act, 2027 (1970)
2027.6.18 (4 Oct. 1970)
4. Judicial Administration Reforms (Fourth Amendment) Act, 2043 (1986)
2043.7.24 (10 Nov. 1986)
5. Ancient Monuments Preservation (Third Amendment) Act, 2043 (1986)
2043.8.15 (30 Nov. 1986)
6. Ancient Monuments Preservation (Fourth Amendment) Act, 2044 (1987)
2044.6.9 (25 Sept. 1987)
7. Ancient Monuments Preservation (Fifth Amendment) Act, 2052 (1996)
2052.10.25 ( 8 March 1996)
8 Republic Strengthening and Some Nepal Laws Amending Act, 2066 (2010) 1 2066.10.7(21 Jan. 2010)
Act Number 12 of the year 2013
Preamble: Whereas, it is expedient 2 o maintain peace and order by
preserving the ancient monument and by controlling the trade in
1 This Act came into force on 15 Jestha 2065 (28 June 2008), "Prasati" and the word "kingdom" has been
deleted.


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archaeological objects as well as the excavation of the place of ancient
monuments and by acquiring and preserving ancient monu ent and
archaeological, historical or artistic objects.
Now, therefore, be it enacted and promulgated by His Majesty the
King on the advice of the Cabinet of Ministers.
1. Short Title, Extension and Commencement: (1) This Act may
be called the "Ancient Monument Preservation Act, 2013 (1956
A.D.)
(2) It shall come into force immediately throughout Nepal.
32. Definition: Unless the subject or the context otherwise requirs, n
this Act:
(a) "Ancient Monument" means temple, monument, house,
abbey, cupola, monastery, stupa, bihar etc. which have their
importance 4above One Hundred year, f om the point of view
of history, arts, science, architectonics or art of masonry, and
this word shall also means the site of the monument as well as
the human settlement or place, and remnant of ancient human
settlement, relies of ancient monument, cave etc having
specific value from the national or international point of view
irrespective of the fact that such settlements or places are
adjoining with each other or are separate in the same rea.
(b) "Archaeological Object" means the object made and used by
human being in pre-historical period or handwritten
genealogy, handwritten manuscript, golden inscription,
2 Amended by Some Nepal Laws (Amendment and Re-management) Act, 2020. 3 Amended by Third Amendment. 4 Inserted by Fifth Amendment.


3

copper inscription, petrography, wooden inscription,
bhojapatra (document written on the bark of brick tree).
tadapatra (document written on the leaf or bark of palmyra
tree), paper, coin, house where historical event has occurred
or where historically special personality has residd and
things such as stone, wood, soil, ivory, bone, glass, cloth,
paper or metal used by such person or some important portion
of the house in which attractively scribed things are used,
scribed or inscribed idol, temple of god or goddess, Buddhist
cenotaph statue, thanks, things used in 5............, replica of
animal, birds and any movable or immovable objects, which
depict the history of any country, and objects as pre cribed by
Government of Nepal by a Notification in the Nepal Gazette
from time to time.
(c) "Curio" means modern handicrafts not exceeding Hundred
years of age.
(d) "Preserved Monument Area" means the place or area where
ancient monument is situated and which has been declared as
preserved area under Section 3.
(e) "Chief Archaeology Officer" means the Director General of
the Department of Archaeology
(f) "Preservation" means the work such as sweeping, covering,
repairing, cleaning etc. done to keep the monument in i s
original form.
6g. "Local Bodies" means the Village Development Committee,
5 Deleted by Republic Strengthening and Some Nepal Laws Amending Act, 2066.
6 Amended by Fifth Amendment.


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Municipality or District Development Committee.
h. "Prescribed" or "As Prescribed" means Prescribed or as
prescribed in the Rules made under this Act.
73. An Area May be Declared as Preserved Monument Area: (1)
Government of Nepal, if wishes to declare any place or area where
any monument is located to be as preserved monument ar a, shall
display a notice at the place where the monument is located and also
at the adjoining public place specifying the boundaries of the
preserved monument area.
(2) Any person, who is dissatisfied with the notice displayed
pursuant to Sub-section (1), may lodge his/her protest to
Government of Nepal within Thirty Five days of the displaying of
such notice.
(3) Government of Nepal may give its final verdict on the
protest lodged pursuant to Sub-section (2).
(4) After the final decision taken pursuant to Sub-section (3)
on the protest lodged against the notice displayed pursuant to Sub-
section (1) or if no protest is lodged at the expiry of the period
prescribed for lodging the protest, Government of Nepal may, by
publishing Notification in the Nepal Gazette delimitating the bound
of the place or area8 where the ancient monument located, declare
such place or area as preserved monument area.
(5) Anyone wishing to install or connect a telephone li e or
electricity, to dig ground for drinking water or sew rage, to construct
or repair road, to shoot- out a film, to organize a fair or festival, to
7 Amended by Third Amendment.


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perform dancing or singing ceremony, to park vehicles or to paste a
poster and painting within the preserved Monument Area shall have
to take permission, as prescribed, from the Department of
Archaeology.
Provided that, permission shall not be needed to be tak n
from the Department of Archaeology to conduct and perform
traditional dancing and singing or to organize a fair or festival.
(6) Anyone who, on his/her own land within the Prese ved
Monument Area, is willing to construct a new house or building or to
repair, alter or reconstruct a house or building so a to make changes
on its original shape, shall have to construct, repair, alter or
reconstruct it as is matching the style of the area and as is in
consonance with the standard prescribed by the Department of
Archaeology.
(7) If a Person has submitted to the 8Municipality the drawing
of a house or a building to be constructed, repaired, altered, or
reconstructed within the Preserved Monument Area, the 9Municipality shall, before giving its consent on the drawing under
the prevailing law, have to take approval of the Department of
Archaeology on such drawing. After reviewing the drawing received
from the 10Municipality, the Department of Archaeology may give
its approval, reject it or give its approval with amendment.
(8) While constructing, repairing, altering or reconstructing
the house or building in the Preserved Monument Area, if the
construction, repair, alteration or reconstruction is not done in
8 Amended by Fifth Amendment. 9 Amended by Fifth Amendment.


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accordance with the approved drawing, the Department of
archaeology may issue an order to stop such work.
(9) 11The Town Development Plan Execution Committee
where the town development planning is approved and the Chief
District Officer where the town development planning is not
approved may, by giving an Ultimatum of Thirty Five days, isue an
order to demolish/dismantle the house or building if it is constructed,
repaired, altered or reconstructed in defiance of the order issued by
the Department of Archaeology pursuant to Sub-section (8). Any
Person, who is dissatisfied with such order, may lodge a claim to
Government of Nepal within Thirty Five days of the issuance of such
order. The verdict of Government of Nepal regarding such claim
shall be final.
12(10) In cases where no complaint has been lodged against
the order issued under Sub-section (9) to demolish a ouse or a
building, the concerned person shall have to demolish the house or
building within Seven days from the date of expiry of the time-limit,
and in case where a complaint has been lodged and Government of
Nepal has decided to demolish such house or building, the concerned
person shall have to demolish the house or building within Twenty
One days from the date of the decision. If the house or building is
not demolished within the said time-limit, the authority or official
issuing such order shall demolish the house or building and all
expenditures incurred while demolishing shall be recov red from the
concerned person.
10 Amended by Fifth Amendment.
11 Amended by Fifth Amendment.
12 Amended by Fifth Amendment.


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133A. Classification of Ancient Monuments: (1) From the viewpoint
of ownership, the ancient monuments shall be classified n Two
categories as public ancient monuments and private ncient
monuments.
(2) From the view point of importance, the ancient
monuments shall be classified in Three categories as of international
importance, of national importance and of local importance.
143B. Ownership, Conservation, Maintenance and Renovation of
Public Ancient Monuments: Ownership of the public ancient
monuments shall be vested in the Department of Archaeology. The
Department of Archaeology shall conserve, maintain and renovate
such public ancient monuments.
153C. Conservation, Maintenance and Renovation of the
Ancient Monuments under Private Ownership: (1) The
Conservation, maintenance and renovation of the ancient monuments
under private ownership which are inside the Protected Monuments
area shall be carried out by the concerned person.
Provided that, if it is deemed necessary to conserve, maintain
and renovate the private ancient monuments which are of importance
from the national and international view point, by the Department of
Archaeology, the Department of Archaeology may, conserve,
maintain and renovate such ancient monuments.
(2) In order to change the fundamental features of the ancient
monuments, their maintenance and renovation or to demolish such
13 Amended by Fifth Amendment. 14 Inserted by Fifth Amendment. 15 Inserted by Fifth Amendment.


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ancient monuments as referred to in Sub-section (1), the concerned
person shall obtain an approval from the Department of
Archaeology.
(3) The conservation, maintenance and renovation of the
ancient monuments under private ownership which are outside the
protected monuments area shall be carried out by the local body or
the concerned person at the direction of the Departmen of
Archaeology.
Provided that, the conservation, maintenance and reovation
of the private ancient monuments under the Guthi Sansthan (a public
corporation responsible for maintenance and renovation of ancient
monuments and religious sites and for continuing tradi ional and
cultural practices) shall be carried out by the Guthi Sansthan under
supervision, technical service and direction of the Department of
Archaeology. In cases where the conservation, maintenance and
renovation of such private ancient monuments is not carried out by
the Guthi Sansthan, the Department of Archaeology may carry out
conservation, maintenance and renovation on its own r it may cause
to carry out the conservation, maintenance and renovation of such
Private ancient monuments by a local body or any person even in
absence of the approval of the Guthi Sansthan.
(4) Whoever does any act without the approval or in
contravention of the directive referred to in Sub-sections (2) and (3),
he shall be liable to a punishment of fine ranging from Ten
Thousand Rupees to One Hundred Thousand Rupees or a term of
imprisonment not exceeding Six months or the both.


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163D. Conservation of Ancient Monuments and Archaeological
Sites: The Department of Archaeology shall conserve the ancient
monuments and archaeological sites which are important from
national and international point of view.
173E. Operation of Religious Temples, Monasteries etc: The person
operating a religious temple, monastery etc. shall use up to Fifty
percent of the amount of the donation offered to such temple or
monastery for the conservation of the temple or monastery and for
bringing reformation in its surrounding environment.
(2) The income and expenditure of the donation offered to
religious temples and monasteries and other provisions for its
operation shall be as prescribed.
183F. House and Land Tax may be exempted: Government of Nepal
may, having published a Notification in the Nepal Gazette, exempt
the house and land tax to be levied on the private ancient monuments
according to the laws.
193G. Committee may be formed: (1) Various committees may be
formed in order to survey and classify the ancient monuments; to
give advises to the Department of Archaeology as to the style or
standard of the house or building to be constructed in the private
land within the protected monuments area; and to make necessary
provisions with regard to the due conservation of the ancient
monuments which have been regarded important from historical and
artistic point of view.
16 Inserted by Fifth Amendment. 17 Inserted by Fifth Amendment. 18 Inserted by Fifth Amendment. 19 Inserted by Fifth Amendment.


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(2) The formation, functions, duties and powers of the
committees referred to in Sub-section (1) shall be as prescribed.
4. 20The Ancient Monuments under Private Property may be
Purchased or be kept in one's own Protection: 21(1)
Government of Nepal may, if it deems necessary from the point of
view of protection of the monument and the environme t of the
monument area, purchase any ancient monument owned by a person
as his/her private property or any land and house situated at the
ancient monument area and owned by private person or
institution, on paying a price as evaluated.
(2) If the owner of any preserved ancient monument gives it
without taking any price, the Chief Archaeology Officer, giving
notice to Government of Nepal should register it as a 22public
Ancient Monument.
5. Power of the Chief Archaeology Officer to cause the
Owners of Ancient Monument to enter into a deed of
Responsibility on prior approval of Government of Nepal:
(1) For the purpose of permanent preservation of the Preserved
ancient monument located at the capital or outside districts of the
country, the Chief Archaeology Officer or a Person assigned by
him/her, by taking prior approval of Government of Nepal shall
cause the owners of ancient monument to enter into a deed of
responsibility. If the owner of the, ancient monument does not enter
into such deed, the Local office chief should be asked to preserve the
ancient monument and to cause the owner of such monu e t and the
20 Amended by Fifth Amendment. 21 Amended by Third Amendment. 22 Amended by Fifth Amendment.


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concerned 23Mayor, Deputy-Mayor or ward Member of the
concerned Municipality or the Chair person, vice Chairperson or
Member of the Village Development Committee as well to enter into
the deed of responsibility pursuant to Sub-section (2) and to submit
the same, and the Local Office Chief shall do accordingly.
(2) Following matters and other matters, as deemed proper,
shall be included in the deed of responsibility under Sub-section (1):
(a) Supervision of the monument.
(b) Responsibility of the monument and duties of
its watchman.
(c) Restrictions to the owner of the monument as to
demolishing, removing, altering, defacing,
transferring the ownership to others except to
Government of Nepal or erecting any other
monument nearby the monument.
(d) Facilities of access to the people or Government
of Nepal or the person assigned by the owner of
the monument for the protection or inspection
of the monument.
(e) If the land, where the monument is located at, is
to be sold, it is to be given to Government of
Nepal on a price as determined by consensus.
(f) Official to be appointed by Government of
Nepal for hearing the case arising from the deed
of responsibility.
23 Amended by Fifth Amendment.


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6. Local Office- Chief is to give statement of the
Archaeological Objects located within his Jurisdictional
Area: Local Office-Chiefs of the capital and outside the capital of
the country shall, by investigating the archaeological objects
located within their jurisdictional area, forward the details of such
objects, to the chief archaeology officer for the pr servation of such
objects.
247. The Ancient Monuments or Archaeological Objects of
Private Ownership may be taken: (1) If any person causes loss
or damage to the ancient monuments or archaeologica objects under
the private ownership or attempts to deface them, the Department of
archaeology may, by making the payment of the price fix d by a
meeting of local gentlemen (Panchakirte mol), take such monuments
or objects. The concerned person may conserve them aving
executed a deed at the Department of archaeology, t the effect that
he would conserve such ancient monuments or archaeological
objects as usual as prescribed by the Department.
(2) If the concerned person does not conserve such an ient
monuments or archaeological objects even after execution of the
deed pursuant to Sub-section (1), Department of archaeology may
take such ancient monuments or archaeological objects in its control
without paying any price.
258. Excavation not allowed for the preservation of the Ancient
Monument: (1) For the Preservation of the ancient monument, If
Government of Nepal deems necessary to control the work of
24 Amended by Fifth Amendment. 25 Amended by Third Amendment.


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trenching a tunnel or blasting of land by explosive around the place
of the ancient monument, may, by a Notification published in the
Nepal Gazette, restrict to trench a tunnel or blasting of land by
explosives.
(2) A person who violates Sub-section (1), shall be punished
with a fine up to Ten Thousand Rupees or with an imprisonment up
to One and half year.
9. Protection of Shrines and Temples: Government of Nepal may
make necessary arrangements to the prevention from misuse or any
kind of ill-treatment of places of archaeological importance or
pilgrimage or temples which are under the supervision of
Government of Nepal under this Act.
10. Power to enter into ancient places or places of historical
artistic or religious importance: Any person willing to enter into
an ancient place or a place of historical, artistic or religious
importance which is under the supervision of Governme t of Nepal
or 26under the private ownership may do so without disturbing the
religious feeling of the concerned person or the tradi ional practice.
11. To be fined for improper restriction : Anyone, who imposes
improper restrictions on others from entering into the places
mentioned in Section (10), shall be punished with a fine up to 27Five
Hundred Rupees.
2812. Punishment: Anyone, who does the following works regarding any
ancient monument 29or any archaeological object which is under the
26 Amended by Fifth Amendment. 27 Amended by Third Amendment. 28 Inserted by Fourth Amendment. 29 Inserted by Fourth Amendment.


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custody of Government of Nepal pursuant to this Act or in regard to
which the deed of responsibility pursuant to Section 5 has been
entered into shall be punished as follows:
(a) One who destroys, demolishes, removes, alters, defaces or
steals 30having realized an amount equal to the claimed
amount of such Ancient monument shall be punished with a
fine of Twenty Five Thousand Rupees to One Hundred
Thousand Rupees or with an imprisonment of Five years to
Fifteen years or both.
(b) One who uses the ancient monument in an unauthorized way
or harms it by any other means 31having realized an amount
equal to the claimed amount of such ancient monument shall
be punished with a fine up to Twenty Five Thousand Rupees
or with an imprisonment up to Five years or both.
32(c) One who destroys, demolishes, defaces, steals or removes or
alters unauthorizedly or causes harm to the archaeological
object by any other means, 33having realized on amount equal
to the claimed amount of such archaeological objects shall be
punished with a fine a Five Thousand Rupees to One
Hundred Thousand Rupees or with an imprisonment up o
Five years or both.
3413. Restriction on transfer, transaction, export or collection of
ancient monument and archaeological object or curio: (1) An
historical, archaeological or artistic object as presc ibed by
30 Inserted by Fifth Amendment. 31 Inserted by Fifth Amendment. 32 Inserted by Fourth Amendment. 33 Inserted by Fifth Amendment. 34 Amended by Second Amendment.


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Government of Nepal by a Notification published in the Nepal
Gazette shall not be exported from Nepal or transferred from one
place to another even within Nepal. If it is to be transferred to any
place, prior approval of Government of Nepal shall be taken.
Provided that, it shall not be deemed as putting any
obstruction to export or transfer from one place to another within
Nepal or to store at some place any curio approved and marked by
Government of Nepal pursuant to Sub-section (3).
(2) If a person or an institution has, in its personal, traditional
or ancestral any archaeological object of more than one hundred
years, the owner of such collections shall have to register such object
in a prescribed office within a prescribed time as prescribed by
Government of Nepal in a Notification published in the Nepal
Gazette.
35Provided that, it is not necessary under this Sub-section to
register the ideal of family Gods (Kul Devata).
36(2A) In cases any person or organization does not register
the archaeological objects at the concerned office within the time-
limit referred to in Sub-section (2), the office may give a time-limit
of Thirty Five days to such person or organization having stipulated
there in that if the fine to be paid pursuant to Sub-section (2) has
been paid, such archaeological objects may be registered.
37(2B) If any person or organization brings the archaeological
objects he/she or it is having for registration at the concerned office
within the time- limit given under Sub-section (2A), the office shall
35 Inserted by Fifth Amendment. 36 Inserted by Fifth Amendment.


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register those objects having imposed a fine ranging from Five
Hundred Rupees to Five Thousand Rupees. If anyone des not get
the archaeological objects registered in the time-li it so given, the
Department of Archaeology may, on the recommendation of the
concerned office, take the archaeological objects without paying the
price.
(3) Any person or an institution, willing to produce or transact
in curio or is producing or transacting in curio shall hold license by
registering the owner's name within the prescribed time in the office
as prescribed by Government of Nepal by a Notification published in
the Nepal Gazette and each curio so produced shall have been
marked as approved by Government of Nepal along with the name of
the seller.
(4) The buyer of the curio also shall buy only the curio
marked as approved pursuant to Sub-section (3).
(5) Any person or an employee of an institution, who violates
or attempts to violate the provisions of Sub-sections (1), (2), (3) and
(4) shall be punished with a fine up to Twenty Five Thousand
Rupees or up to Five years imprisonment or both and the object
relating to the crime shall be confiscated.
(6) If the acts pursuant to this Act are followed or not, the
Local Office- Chief or the official as prescribed by Government of
Nepal by a Notification published in the Nepal Gazette may enter
with warrant and search the shop or museum where the ancient
monument or archaeological objects and ancient handicrafts are
transacted or the shop or factory where the curio is transacted
37 Inserted by Fifth Amendment.


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produced, or the go-down, house or vehicle where such objects are
stored, and may arrest and keep in custody person wh is alleged to
have committed the crime. The official, who hears the case, shall
have the right to issue warrant under this Sub-section.
(7) If someone gives information to the concerned official
about the crime committed or attempt made to commit the crime
under this section and in consequence if the accused is arrested and
found guilty, the person who furnished the information, shall be
entitled to get ten percent of the fine imposed on the accused.
14. If it is likely to be damaged or mismanaged Government of
Nepal may buy by compelling to be sold: If the object
mentioned in the Notification issued pursuant to Section 13 (1) is
likely to be damaged or mismanaged, Government of Nepal may
issue an order to buy such object by compelling to sell it on a price
as is generally assessed.
15. Power of the Chief Archaeology Officer to inspect and cause
the preservation: The Chief Archaeology Officer shall have the
power to inspect as to whether or not the statue of God or Goddess
that is being worshiped is kept properly and if found that it has not
been kept properly he may cause it to be adequately pr served.
16. Approval to be taken for Archaeological Excavation: (1) Any
person or institution, willing to do an archaeological excavation at a
place where ancient monument is located, shall have to take prior
approval of Government of Nepal as prescribed.
(2) If any person or institution, finds an object or monument
of archaeological importance while conducting an excavation on


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prior approval pursuant to Sub-section (1), the concer ed person or
institution shall notify the Department of Archaeology or Local
Office- Chief about it within forty-eight hours and the Local Office-
Chief shall, in turn, inform the Department of Archaeology about the
same immediately.
(3) The archaeological property found on the excavation
conducted pursuant to Sub-section (2) shall belong t Government of
Nepal.
(4) A person, who excavated without taking approval
pursuant to Sub-section (1), shall be punished with a fine up to
Twenty Five Thousand Rupees or an imprisonment up to Five years
or both.
(5) A person, who excavates without notifying the
Department of Archaeology or Local Office-Chief purs ant to Sub-
section (2), shall be punished with a fine up to Fifteen Thousand
Rupees or up to Three years imprisonment or both.
3816A. Special Provision Relating to Arts, Sculptures and
Monuments: Notwithstanding anything contained elsewhere in ths
Act, the Department of Archaeology may conserve or cause to
conserve the most rare types of arts or sculptures o monuments
showing the importance of any specific time.
17. Power of Government of Nepal to issue notice declaring an
area as preserved area: (1) In the interest of research on
archaeological objects if it is deemed proper to control or impose
restriction on the act of researching and excavating such objects,
38 Inserted by Fifth Amendment.


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Government of Nepal may fix the boundaries of an area and declare
it as a preserved area by issuing a notice to that effect.
(2) After the issuance of notice declaring an area as preserved
area under Sub-section (1), Government of Nepal shall m ke
necessary arrangement with the landowner for excavation nd dully
compensate the landowner for the house, if any, and the land.
Thereafter, the Chief Archaeology Officer or a person assigned by
him shall do or cause to do the excavation and all objects found,
while excavating on such places, shall belong to Government of
Nepal.
(3) One who causes obstruction in carrying out the work
pursuant to Sub-section (2) at the preserved area, shall be liable to
Government of Nepal for compensation and shall alsobe bliged to
pay up to Five Hundred Rupees as penalty.
3917A. Preservation of Archaeological Object: (1) Except the one
under private ownership, all archaeological objects found anywhere
shall be under the custody of the Department of Archaeology.
(2) The Department of Archaeology may, on taking surety at
the recommendation of the Local Office-Chief, handover the
archaeological object under its custody to perform so e traditional
fair, festival or ceremony for a fixed period of time.
4017B. Requirement of filling customs Declaration form by foreign
nationals willing to import archaeological objects within
Nepal: (1) If a foreign national wishes to bring into Nepal an
archaeologically important object from the point of view of history,
39 Inserted by Third Amendment. 40 Inserted by Third Amendment.


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arts, science etc. he shall do so by filling up the customs declaration
form in accordance with the prevailing law.
(2) The person who has brought archaeological object by
filling up the customs declaration form pursuant to Sub-section (1)
may take that with him/her while going out of Nepal.
(3) The archaeological object brought without filling up the
customs declaration form pursuant to Sub-section (1) cannot be
taken out of Nepal.
4117C. Delegation of Power: The Chief Archaeology Officer may
delegate all or some of the powers vested on him/her under this Act,
to any authority.
4217D. Ancient Monument Conservation Fund: (1) There shall be a
fund as prescribed in order to conserve the ancient mo uments which
are important from the historic and artistic point of view.
(2) The amount to be collected in the fund referred to in Sub-
section (1) and the provision for its operation shall be as prescribed.
18. Saving of the government employee assigned to work
under this Act: No suit can be filed at any court for
indemnification or for any other things against a government
employee for the act that he performs with a bona fide intention
under the power vested on him by this Act.
19. 43... ... ...
41 Inserted by Third Amendment. 42 Inserted by Fifth Amendment. 43 Deleted by Judicial Administration Reforms (Fourth Amendment) Act, 2043.


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4420. Prevailing Nepal Law is to be applicable: Matters mentioned in
this Act shall be governed by his Act, whereas the matters other than
those mentioned in this Act shall be governed by the prevailing
Nepal law,
Provided that, following shall be applicable for matters
mentioned below:
(a) Any office or the court acting in accordance
with the prevailing Nepal Law shall, in the case
of ancient monument or archaeological object
send it to the Local Office- Chief for forwarding
it to the Department of archaeology of
Government of Nepal or to a place as
determined by that Department irrespective of
any body's ownership over such objects and no
action including either the handing over of it to
its owner or auctioning it shall be taken.
(b) As regards the price of the object mentioned in
clause (a) the Local Office Chief shall realize it
or ensure to realize in accordance with the
prevailing Nepal Law by making a public
assessment of its price.
4520A. To reinstate or put it to its usual place: If the ancient
monument or the archaeological object received at the Department of
Archaeology pursuant to paragraph (a) of the Proviso to Section 20,
is requested by the concerned owner or the trusties to be given back
44 Amended by Ancient Monument Preservation ( Amendment) Act, 2020. 45 Inserted by Third Amendment.


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to them for reinstalling or for keeping it to its uual place, with a
recommendation from the Local Office Chief and the concerned 46Village Development Committee or Municipality he Department
of Archaeology may, if deemed proper, give back the said object to
the concerned owner or the trustee by causing them to enter into a
deed as necessary.
21. Power to Frame Rules: Government of Nepal may frame Rules
for implementing the objectives of this Act.
46 Amended by Fifth Amendment.