Section 29: Prohibition of archaeological excavation or e xploration without licence

29. Prohibition of archaeological excavation or e xploration without licence .—(1) No person shall make on any land any excavation or exploration for archaeological purposes, or unearth or attempt to unearth or make any digging in any land or site for taking out antiquities, except under, and in accordance with, a licence granted by the 1[Director­General]. (2) A licence under sub­section (1) in respect of any land shall not be granted to any person other than the owner of the land except in accordance with the term of an agreement with the owner, and any such agreement may provide for (a) the restriction of the owner's rights in respect of the use and occupation of such land ; (b) the compensation or any other consideration to be paid to the owner ; and (c) any other matter connected with the use of the land for the purpose of such excavation. (3) A licence under sub­section (1) shall not be refused to an owner if he undertakes to carry on the excavation in such manner that it will not result in the loss of archaeological or historical material which in the national interest should be preserved. (4) Whoever contravenes the provisions of sub­section (1) shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both. (5) The Court trying an offence under sub­section (4) may direct that any object found in t he course of an excavation, exploration, unearthing or digging constituting such offence shall stand forfeited to the Federal Government.

Effective date: 1975-01-01

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