AMASRA: 2.50 Section 30. Penalties.

2.50 Penalties

2.50.1 Bare Act Provision:

30. Penalties.―(1) Whoever—

(i) destroys, removes, injures, alters, defaces, imperils 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 months, or with 1[imprisonment which may extend to two years], or with 2[fine which may extend to one lakh 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 3[imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both]; and the court convicting a person of any such contravention may by order direct such person to restore the antiquity to the place from which it was moved.

Footnote:

1. Subs. by Act 10 of 2010, s. 8, for “imprisonment which may extend to three months” (w.e.f. 16-6-1992).

2. Subs. by s. 8, ibid., for “fine which may extend to five thousand rupees” (w.e.f. 16-6-1992).

3. Subs. by s. 8, ibid., for “fine which may extend to five thousand rupees” (w.e.f. 16-6-1992).

Section 30 of the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, outlines penalties for violations related to protected monuments and antiquities.

2.50.2 Penalties for Offences Related to Protected Monuments

As per Section30(1) of the AMASRA Act, in following conditions penalties can be imposed on a person:

As per Clause (i), anyone who damages, removes, harms, changes, defaces, endangers, or misuses a protected monument, i.e. a site declared nationally important under the Act, can be punished.

As per Clause (ii), owners or occupiers of a protected monument who disobey orders issued under Section 9(1) maintenance or repair orders or Section 10(1) public access restrictions can be penalized.

As per Clause (iii), anyone who removes sculptures, carvings, images, bas-reliefs, inscriptions, or similar objects from a protected monument can be punished.

As per Clause (iv), anyone who violates Section 19(1) i.e. restrictions on mining or construction near protected monuments, can be penalized.

The punishment can be up to two years in prison, a fine of up to one lakh rupees, or both. Note: The reference to “three months” in the text appears to be an error, as it was amended to “two years” by Act 10 of 2010. This provision deters damage or unauthorized interference with protected monuments by imposing strict penalties, ensuring the preservation of Bharat’s cultural heritage through legal consequences for actions that threaten these sites.

2.50.2 Penalties for Moving Antiquities

As per Section 30(2) of the AMASR Act, anyone who moves an antiquity (e.g., artifact or relic) in violation of a Section 25(1) notification, which requires Director-General’s permission, can be punished with up to two years in prison, a fine of up to one lakh rupees, or both. Additionally, the court can order the person to return the antiquity to its original location. This provision protects antiquities by penalizing unauthorized movement and empowering courts to restore them to their original places, safeguarding Bharat’s archaeological heritage from trafficking or displacement while enforcing compliance with regulatory restrictions.