HB-2119 Ext. Ord. No. 31 Bill No. XXVIII (16-12-2024) L. A. BILL No. XXVIII OF 2024. A BILL to amend the Maharashtra Ancient Monuments and Archaeological Sites and Remains Act, 1960. No. 13(7).

RNI No. MAHBIL /2009/40123 महाराष्टट्रõ शासन राजपत्र असाधारण भाग पाच-अ वर््ष १०, अंक १३(७)] सोमवार, डिसेंबर १६, २०२४/अग्रहायण २५, शके १९४६ [पृष्ट्ठ ठे4, डकंमत : रुपय े३६.०० असाधारण क्रमांक ३१ प्ाडधकृत प्काशन महाराष्टट्र डवधानसभेत व महाराष्टट्र डवधानपररर्देत सादर केलेली डवधेयके (इंग्रजी अनुवाद).

MAHARASHTRA LEGISLATURE SECRETARIAT The following Bill was introduced in the Maharashtra Legislative Assembly on the 16th December, 2024 is published under Rule 117 of the Maharashtra Legislative Assembly Rules :— L. A. BILL No. XXVIII OF 2024.

A BILL to amend the Maharashtra Ancient Monuments and Archaeological Sites and Remains Act, 1960.

WHEREAS both Houses of the State Legislature were not in session ;

AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate Mah. action to amend the Maharashtra Ancient Monuments and Archaeological Sites XII of and Remains Act, 1960, for the purposes hereinafter appearing ; and, therefore,

1961.

Mah. promulgated the Maharashtra Ancient Monuments and Archaeological Sites Ord. X and Remains (Amendment) Ordinance, 2024 on the 14th October 2024 ; of 2024.

AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature ; it is hereby enacted in the Seventy-fifth Year of the

Republic of India as follows :— (१) भाग पाच-अ-३१—१. एचबी-२११९—१.2 महाराष्टट्रõ शासन राजपत्र असाधारण भाग पाच-अ, डिसेंबर १६, २०२४/अग्रहायण २५, शके १९४६ Short title and 1. (1) This Act may be called the Maharashtra Ancient Monuments and commencement. Archaeological Sites and Remains (Amendment) Act, 2024.

(2) It shall be deemed to have come into force on the 14th October 2024.

Amendment 2. In section 33 of the Maharashtra Ancient Monuments and Archaeological Mah. of section 33 XII of Sites and Remains Act, 1960 (hereinafter referred to as “the principal Act”),– of Mah. XII of 1961.

1961. (1) in sub-section (1), for the words “with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees” the words “ with imprisonment for a term which may extend to two years, or with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees” shall be substituted;

(2) after sub-section (1), the following sub-section shall be inserted,

namely :– “(1A) Whoever,–

(i) consumes or possesses liquor or any intoxicating substance in the premises of the protected monuments, or

(ii) does any obscene act in the premises of the protected monuments, or

(iii) does an act of gambling in the premises of the protected monuments, shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one lakh rupees, or with both.”;

(3) in sub-section (2),–

(a) for the words “with fine which may extend to two thousand rupees,” the words “with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees,” shall be substituted;

(b) for the words “twenty-five rupees” the words “five hundred rupees” shall be substituted;

(4) in sub-section (3), for the words “with fine which may extend to five thousand rupees” the words “with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees” shall be substituted.

Amendment 3. In section 35 of the principal Act,– of section 35 of Mah. XII of (1) for the words and figures “Code of Criminal Procedure, 1898” the V of

1961. 1898. words and figures “Bharatiya Nagarik Suraksha Sanhita, 2023” shall be 46 of substituted; 2023.

(2) for the word “Code” the word “Sanhita” shall be substituted.महाराष्टट्रõ शासन राजपत्र असाधारण भाग पाच-अ, डिसेंबर १६, २०२४/अग्रहायण २५, शके १९४६ 3

4. In section 36 of the principal Act,– Amendment of section 36 V of (1) for the words and figures “section 32 of the Code of Criminal of Mah. XII of

1898. 1961.

Procedure, 1898” the words and figures “section 23 of the Bhartiya 46 of

2023. Nagarik Suraksha Sanhita, 2023” shall be substituted ;

(2) for the words “ two thousand rupees ” at both the places where they occurs, the words “fifty thousand rupees” shall be substituted.

5. In section 41 of the principal Act, in sub-section (3),– Amendment of section 41

(1) in clause (i), for the words “with fine which may extend to five of Mah. XII of

1961. thousand rupees,” the words “with fine which shall not be less than ten thousand rupees, but which may extend to one lakh rupees,” shall be substituted;

(2) in clause (ii), for the words “with fine which may extend to five thousand rupees” the words “with fine which shall not be less than ten thousand rupees, but which may extend to one lakh rupees,” shall be substituted;

(3) in clause (iii), for the words “with fine which may extend to five hundred rupees” the words “with fine which shall not be less than ten thousand rupees, but which may extend to one lakh rupees” shall be substituted.

Mah. 6. (1) The Maharashtra Ancient Monuments and Archaeological Sites Repeal of Ord. X Mah. Ord. X and Remains (Amendment) Ordinance, 2024, is hereby repealed. of 2024. of 2024 and saving.

(2) Notwithstanding such repeal, anything done or any action taken (including any notification or order issued) under the corresponding provisions of the principal Act, as amended by the said Ordinance, shall be deemed to have been done, taken or issued, as the case may be, under the corresponding provisions of the principal Act, as amended by this Act.4 महाराष्टट्रõ शासन राजपत्र असाधारण भाग पाच-अ, डिसेंबर १६, २०२४/अग्रहायण २५, शके १९४६ STATEMENT OF OBJECTS AND REASONS The Maharashtra Ancient Monuments and Archaeological Sites and Remains Act, 1960 (Mah. XII of 1961) provides for better provisions for the preservation of ancient and historical monuments and records and archaeological sites and remains (other than those declared to be of national importance) in the State of Maharashtra and for matters connected therewith.

The founder of the Maratha Empire Chhatrapati Shivaji Maharaj had constructed various forts. These forts have witnessed the golden history of the Maharashtra. The Government of Maharashtra had declared various historical forts as the protected monuments under the said Act. Recently, the Government of India has submitted proposal to the United Nations Educational, Scientific and Cultural Organization (UNESCO) to nominate “Maratha Military Landscape” as the World Heritage, including four forts, which has declared as protected monuments under the said Act.

2. Section 33 of the said Act provided for the penalties for contravention of the provisions of the Act, with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both. Section 41 of the said Act provided for the penalties for contravention of the provisions of the rules. These penalties were not increased since the year

1960. The Government of India has enhanced the punishment of similar offences under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), in the year 2010. To make stringent punishments for violations of the provision of the said Act it was proposed to enhance the punishment for imprisonment upto two years or fine upto one lakh rupees. It was also proposed to enhance the penalties for violation of the provisions of the Rules.

3. To maintain the sanctity of the forts and ancient monuments, it was also proposed to make penal provision for doing any obscene activity or gambling, or consuming or possessing liquor or other intoxicant substance, within the premises of the forts or ancient monuments. It was, therefore, proposed to make amendments in sections 33 and 41 of the said Act, suitably.

4. As both Houses of the State Legislature were not in session and the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action to amend the Maharashtra Ancient Monuments and Archaeological Sites and Remains Act, 1960, for the purposes aforesaid, the Maharashtra Ancient Monuments and Archaeological Sites and Remains (Amendment) Ordinance, 2024 (Mah. Ord. X of 2024) was promulgated by the Governor of Maharashtra on the 14th October 2024.

5. The Bill is intended to replace the said Ordinance by an Act of the State Legislature.

Nagpur, DEVENDRA FADNAVIS, Dated the 15th December 2024. Chief Minister.

Vidhan Bhavan : JITENDRA BHOLE, Nagpur, Secretary (1) (I/C), Dated the 16th December, 2024. Maharashtra Legislative Assembly.

On behalf Of GOvernment PrintinG, StatiOnery and PublicatiOn, Printed and PubliShed by directOr, ruPendra dineSh mOre, Printed at GOvernment PreSS and bOOk dePOt, civil lineS, naGPur-440 001 and PubliShed at directOrate Of GOvernment PrintinG, StatiOnery and PublicatiOn, 21-a, netaji SubhaSh rOad, charni rOad, mumbai-400 004. editOr : directOr, ruPendra dineSh mOre.