1. Ancient Monuments Preservation (First Amendment) Rules, 2049 (1993) 2050.2.32 (10 May 1993)
2. Ancient Monuments Preservation (Second Amendment) Rules, 2053 (1996) 2053.6.7 (23 Sept. 1996)
3. Ancient Monuments Preservation (First Amendment) Rules, 2056 (1999) 2056.5.21 (6 Aug.1999)
4. Ancient Monuments Preservation (First Amendment) Rules, 2058 (2002) 2058.12.5 (18 March 2002)
In exercise of the power conferred by Section 21 of the Ancient Monuments Preservation Act, 2013 (1956), Government of Nepal has framed the following Rules.
1.1 Short Title and Commencement:
1.1.1 These Rules may be called “Ancient Monuments Preservation Rules, 2046 (1989)”.
1 Fourth Amendment was approved by the Cabinet on 2058/12/5 but the notice thereof is not published in Nepal Gazette.
1.1.2 These Rules shall come into force immediately.
1.2 Definitions :
1.2.1 Unless the subject or context otherwise requires, in these Rules-
22.214.171.124 “Act” means the Ancient Monuments Preservation Act, 2013 (1956).
126.96.36.199 “Department” means Government of Nepal, Department of Archaeology.
188.8.131.52 “Technical Committee” means the Technical, Committee as constituted by Rule 2.1.
184.108.40.206 “Co-operation Committee” means the Ancient Monuments Co-operation Committee as constituted by
220.127.116.11 “Classification Committee” means the Ancient Monuments Survey and Classification Committee
constituted under Rule 2.3.
18.104.22.168 “Fund” means the Ancient Monuments Conservation Fund established under Rule 4.10.
Chapter -2 Technical Committee
Chapter -2 Technical Committee
2.1 Formation Of The Technical Committee
2.1 Formation of the Technical Committee:
2.1.1 The following Technical Committee has been formed 4 to advice the Department on the design and standard of the house to constructed in the land under private ownership within the Protected Monument Zone:
22.214.171.124 Technical Officer, designated by the Department – Chairperson
126.96.36.199 Representative, Department of Building – Member
188.8.131.52 Representative, Department of Housing andTown Development – Member
184.108.40.206 Representative, Kathmandu Valley Town Development Programme Execution Committee – Member
220.127.116.11 An Architect, designated by the Department – Member
18.104.22.168 An Officer, designated by the Department – Member Secretary
2.1.2 The Technical Committee may invite to any national or international expert or advisor or any officer of Government of Nepal as an observer at its meeting.
2.1.3 The meeting of the Technical Committee shall be held as required.
2.1.4 The Technical Committee may determine other procedures relating to its meeting by itself.
2.2 Functions, Duties And Powers Of The Technical Committee
2.2 Functions, Duties and Powers of the Technical Committee:
2.2.1 Upon deciding the design and standards of houses owned and occupied buildings or other constructions constructed in private land, within the Protected Monument Zone, it shall be the duty of the Technical Committee to give advise to the Department of Archaeology.
2.2.2 If the Technical Committee deems necessary, it may form the Sub-committees to carry out any specific function, from the functions stipulated in Sub-rule 2.2.1, and in such sub committee there shall be Members as designated by the Technical Committee.
2.2.3 The Sub-committee, to be formed pursuant to Sub-rule 2.2.2, shall carry out its functions applying the powers as prescribed by the Technical Committee
2.3 Ancient Monuments Survey And Classification Committee
2.3 Ancient Monuments Survey and Classification Committee:
2.3.1 In order to survey and classify the ancient monuments, the following Classification Committee has been formed:
22.214.171.124 Director General, Department – Co-ordinator
126.96.36.199 Head of Department, Centeral Teaching Department of Nepali,
History and Culture, Tribhuvan University – Member
188.8.131.52 Head of Department, Department of Architecture Institute of Engineering, Tribhuvan University – Member
184.108.40.206 Administrator, Guthi Sansthan – Member
220.127.116.11 Two persons designated by Government of Nepal from amongest the experts related
with the field of Survey and Classification of ancient monument – Member
18.104.22.168 Representative, Monastry Management and Development Board – Member
22.214.171.124 An officer, designated by the Depatment – Member secretary
2.3.2 The Classification Committee may invite the chairperson of concerned Village Development Committee or the Chief of the Municipality or the representative of the concerned Village Development Committee or Municipality, the national or foreign expert concerned with the field of survey and classification of the ancient monuments or any officer of Government of Nepal as an observer in the meeting of the Classification Committee.
2.3.3 The meeting of the Classification Committee shall be held as required.
2.3.4 The Classification Committee may determine other procedures relating to its meeting by itself.
2.4 Functions, Duties And Powers Of The Classification Committee
2.4 Functions, Duties and Powers of the Classification Committee:
2.4.1. Functions, duties and powers of the Classification Committee shall be as follows:
126.96.36.199 To prepare the survey report upon surveying the ancient monuments from time to time, in order to advice the
Department in relation to the Classification of the ancient monuments from the ownership and importance
188.8.131.52 Having prepared the criteria of the classification of ancient monuments from the ownership and importance
perspective on the basis of survey report prepared in accordance with Sub-rule 184.108.40.206 to advise the
Department to classify the ancient monuments on the basis of said criteria.
220.127.116.11 To form Sub-committees as required to prepare the report upon conducting survey of the ancient monuments as referred to in Sub-rule 18.104.22.168.
22.214.171.124 To carry out such other necessary functions as prescribed by Government of Nepal in relation to the survey and classification of the ancient monuments.
2.4.2 The composition, tenure of office, functions, duties and powers and other matters of the Sub-committees to be formed pursuant to Sub-rule 126.96.36.199 shall be as specified by the Classification Committee
Chapter -3 Ancient Monuments Conservation Co-operation Committee
Chapter -3 Ancient Monuments Conservation Co-operation Committee
3.1 Ancient Monuments Conservation Co-operation Committee
3.1 Ancient Monuments Conservation Co-operation Committee:
3.1.1 The Department may form the Ancient Monuments Conservation Co-operation committee in every conserved monuments zone, to co-operate on conservation of ancient monuments, as follows:
188.8.131.52 Archaeology Officer, designated by the Department -Coordinator
184.108.40.206 7Chairperson or Chief of concerned Village Development Committee or Municipality in the case of a district
which is outside of the Kathmandu Valley and Officer of the TopographySection (Naska Phat) of the concerned
Municipality in the case of Kathmandu Valley. -Member
220.127.116.11 Representative, Guthi Sansthan, and if, there is no local office of Guthi Sansthan, the representative of the
Land Revenue Office -Member
18.104.22.168 Representative, Kathmandu Valley Town Development Programme Execution Committee (in Kathmandu Valley) and in other District,
Engineer, Housing and Town Development Section -Member
22.214.171.124 Representative, concerned District Administration Office – Member
126.96.36.199 Representative, concerned District Police Office -Member
188.8.131.52 Representative, Ministry of Tourism and Civil Aviation (for Kathmandu
Valley) – Member
184.108.40.206 Chief of the Palace Maintenance Office under the Department, if there is
such office – Member
220.127.116.11 Architect, appointed by the Department -Member 3.1.2 Department may change or alter the Member of the Co operation Committee as per necessity.
3.1.3 Co-operation Committee may invite to any national or international expert or advisor or any officer of Government of Nepal at its meeting as an observer.
3.1.4 Meeting of the Co-operation Committee shall be held as required.
3.1.5 Co-operation Committee may determine other procedures of its meeting by itself
3.2 Functions, Duties And Powers Of The Co- Operation Committee
3.2 Functions, Duties and Powers of the Co- operation Committee:
3.2.1 To conserve the ancient monuments of the Protected Monuments Zone, to preserve the environment of the Protected Monuments Zone, and to co-operate in the functions of sanitation and maintenance shall be the duties of the Co- operation Committee.
3.2.2 To advise the Department of Archaeology about maintenance of originality and ancientness of the monuments zone shall be the duty of the Committee.
3.2.3 The Co-operation Committee may form various Sub-committees from its Member to carry out its functions.
3.3.3 The functions, duties and powers of the Sub-committee, to be framed pursuant to Sub-rule 3.2.3, shall be as specified by the Co-operation Committee.
Chapter -4 Miscellaneous
Chapter -4 Miscellaneous
4.1 Approval Of The Department Has To Be Obtained
4.1.2 If an application pursuant to Sub-rule 4.1.1 is filed, the Chief Archaeological officer shall, upon conducting necessary investigation on the matter, owing to the construction work pursuant to Sub-rule 4.1.1 does not hamper to the monuments conserved zone, provide approval for such work in a format as prescribed in Schedule-2.
4.2 Standards Relating To Construction
The Department upon takingthe advice of Technical Committee, paying an attention to the importance of such zonesprescribing the design and necessary standards, shall post notice in the notice board of concerned zone as an
public notice relating to the construction of house or building in a private land within the protected monuments zone, maintenance work changing in the previous design or modification or reconstruction of such house or building.
4.3 Description Of The Archaeological Object
4.3 Description of the Archaeological Object:
4.3.1 The Local Officer, within the last day of month of Ashad each year, shall forward the description of the archaeological objects remained in his/her working District upon filling the form provided in Schedule-3, and if possible, the photographs of those object shall also be sent to the Chief Archaeology Officer.
4.3.2 If the Chief District Officer receives any information of finding of any archaeological object in his/her working District he/she shall have to fill the description of such object in the form as prescribed in Schedule-4 within Thirty Five days from the date of finding of such object, and, if possible, the photograph of such object shall also be sent to the Chief Archaeology Officer.
4.3.3 The Chief Archaeology Officer shall manage to conserve the archaeological object, if the description pursuant Sub-rule 4.3.1 or Sub-rule 4.3.2 is received.
4.4 Approval Of Archaeological Excavation
4.4 Approval of Archaeological Excavation:
4.4.1 Any person or association willing to excavate on the area of ancient monuments zone shall have to submit an application in a format as provided in Schedule-5,to the Department for the approval of the Government of Nepal.
4.4.2 If the application pursuant to Sub-rule 4.4.1 is filed, the Department shall, upon making necessary investigation and if the reasons to provide the approval seems to be genuine, submit to Government of Nepal, Ministry of Culture, Tourism and Civil Aviation with recommendation for excavating and an approval shall be provide in a format as prescribed in Schedule-6, if it is so decided.
4.5 Maintenance And Renovation Of Ancient Monuments
4.5 Maintenance and Renovation of Ancient Monuments:
4.5.1 While performing the maintenance and renovation of an ancient monument, it has to be performed or caused to be performed in a research oriented way and by preserving the originality, delicacy of the monuments and art and culture of the monument.
4.5.2 While performing or cause to be performed the maintenance and renovation work of the ancient monuments by the tender system pursuant to the Financial Administration Rules, 2042 (1985) the
10 Inserted by First Amendment.
Department may perform or cause to perform such works by quotation or in wages basis (Amanat) from the person or Firm, who has the experience of ancient monuments, if it cannot be performed according to the intention of Sub-rule 4.5.1, or if there are possibilities of ruin down or may ruin-down the monuments.
4.5.3 While performing or cause to be performed the maintenance and renovation work by quotation or wages basis (Amanat) pursuant to Sub-rule 4.5.2, the Department, by publishing public notice in Gorkhapatra, may invite application from the person or Firm, who has the knowledge of ancient monuments, and the Maintenance and Renovation Procedures Assessment Committee pursuant to Sub-rule 4.6.1, shall decide the Pre-qualification of
persons or a firms, who have submitted such applications.
4.6. Maintenance And Renovation Procedures Assessment Committee
4.7 Special Wages And Price Assessment Committee
4.7 Special Wages and Price Assessment Committee:
4.7.1 Government of Nepal shall form a Special Wages and Price Assessment Committee comprising of the following office bearers:â
18.104.22.168 Chief Investigation Officer – Chairperson
22.214.171.124 Senior Divisional Engineer, Department of Buildings – Member
126.96.36.199 Representative, (Officer Level) Office of the Comptroller General – Member
188.8.131.52 Representative (Officer Level), District Administration Office, Kathmandu -Member
184.108.40.206 Senior Divisional Engineer, Department of Archaeology – Member-Secretary
4.8 The Functions, Duties And Powers Of The Special Wages And Price Assessment Committee
4.8 The Functions, Duties and Powers of the Special Wages and price Assessment Committee :
4.8.1 The functions, duties and powers of the Special Wages and price Assessment Committee relating to maintenance, renovation and reconstruction of ancient monuments, other than the standards prescribed by Government of Nepal, Department of Building, shall be as follows :-
220.127.116.11 To fix the amount of special wages to be provided to labourer and carpenter, while performing the
maintenance, renovation, reconstruction of ancient monuments .
18.104.22.168 To fix the price of the traditional construction materials required for maintenance, renovation and reconstruction of ancient monuments.
22.214.171.124 To fix the number of Labourer and Carpenter required for maintenance, renovation and reconstruction of ancient monuments.
4.9. Meeting Allowance
The members of various Committees or subcommittees constituted pursuant to these Rules shall be entitled to
receive the meeting allowances as prescribed by the Department for their participation in meeting. Provided that, Department shall, before prescribing the meeting allowance, have to obtain the consent of the Ministry of Culture, Tourism and Civil Aviation.
4.10 Ancient Monuments Conservation Fund
4.10.1 In order to conserve the ancient monuments from the historical and artistic point of view there shall be an Ancient Monuments Conservation Fund.
4.10.2 The following amounts shall be deposited in the fund :-
126.96.36.199 Amount received from Government of Nepal.
188.8.131.52 Amount received as donation or grant from any person or organization.
184.108.40.206 Amount received from international organization, foreign government or a person.
… … …
220.127.116.11 Amount raised from entrance fee into the monument zone or other fees.
18.104.22.168 Amount received from selling of books or booklets, magazines and posters etc. to be published by the
4.10.3 Amounts deposited in the fund shall be expended for renovation and conservation of the private and public monuments considered valuable from the historical, artistic, architectural, religious and cultural point of view.
Provided that, if any amount is received for any particular monument such an amount shall be expended for the renovation and conservation of such particular monument.
4.10.4 The account of the income and expenditure of the Fund shall be maintained in accordance with prevailing laws and shall be audited by the office of Auditor General or the auditor as designated by the said Office
4.11 Fund Operation Committee
4.11 Fund Operation Committee:
4.11.1.In order to operate the fund for the purpose of Sub-rule 4.10.3 of Rule 4.10 there shall be a Fund Operation Committee comprising as follows :-
22.214.171.124 Secretary, Ministry of Culture, Tourism and Civil Aviation – Chairperson
126.96.36.199 Director General, Department – Member
188.8.131.52 Representative, Ministry of Finance – Member
184.108.40.206 Representative, Central Teaching Department of Culture and Archaeology, Tribhuvan University – Member
220.127.116.11 A person nominated by Government of Nepal from amongest the persons
involved in non- governmental organizations working in the field of conservation of ancient monuments – Member
4.11.2.The tenure of the office of the person nominated in accordance with Sub- rule 18.104.22.168 shall be for One year. He/she may be renominated for another one term.
4.11.3The amount of the fund shall be deposited in any commercial bank by opening an account as prescribed by the Fund Operation Committee. Such account shall be operated by Joint signature of, the Director General of the Department and an officer of the Department as prescribed by the Fund Operation Committee.
4.11.4 The Department may designate any officer to carry-out the work of the secretary of the Fund Operation Committee.
… … …
… .. …
Schedule-1 (relating To Sub-rule 4.1.1)
Schedule-1 (Relating to Sub-rule 4.1.1)
Department of Archaeology
I am/We are going to carry out the following construction work in â¦â¦â¦â¦monuments conserved zone, located in……..â¦ofâ¦â¦â¦..District, â¦â¦..Zone, within the following time period. Therefore, I/ We have field this
application for obtaining the approval of the Department. I am / We are ready to bear any punishment, as per the prevailing laws, if construction work is made other than written in this application. Description of the construction work, which is going to be carried out within the monuments conserved areas and tentative time period to complete
the construction: –
Of the applicant,
Name and Surname :-
Schedule -2 (relating To Sub- Rule 4.1.2)
(Relating to Sub- rule 4.1.2)
Government of Nepal
20Ministry of Culture, Tourism and Civil Aviation
Department of Archaeology
Subject :â Approval
On your application submitted in this Department for prior approval to carry- out the works written as follows within the area of â¦â¦â¦â¦..ancient monument of â¦â¦â¦â¦â¦â¦District, â¦â¦â¦â¦â¦â¦â¦â¦.Zone, the decision has been made on â¦â¦â¦â¦â¦â¦to provide the permission to carry- out the following works, and therefore this approval letter is issued to that effect. Further, it is hereby requested to perform the works within the said period of time following the Act, Rules and terms and conditions thereof. It is also informed to be according to prevailing laws, if otherwise is done.
Terms and Conditions, and time period of work
Schedule -3 (relating To Sub-rule4.3.1)
Schedule -3 (Relating to Sub-rule4.3.1)
Description of Archaeological object form-1.
|S.N.||Of the Archeological Object||Of the Archeological Object place||Remarks|
Chief District Officer
Schedule -4 (relating To Sub-rule4.3.1)
Schedule -4 (Relating to Sub-rule4.3.1)
Description of Archaeological object form-2
|S.N.||Of the Archeological Object||Of the found Archeological Object||Remarks|
Chief District Officer
Schedule -5 (relating To Sub- Rule 4.4.1)
Schedule -5 (Relating to Sub- rule 4.4.1)
The Department of Archaeology
I/We/ this Organization willing to carry-out the archaeological excavation within the following area, located in
â¦â¦â¦â¦â¦..Districtâ¦â¦â¦â¦â¦â¦.Zone, the place located within â¦â¦â¦â¦.monument, fromâ¦â¦â¦..toâ¦â¦â¦â¦â¦therefore, have/has submitted this application along with the photograph, map (design) and other descriptions thereof for the prior approval.
East :- Name of person or Organization:-
West :- Signature :-
North :- Date :-
South :- Temporary Address :-
Schedule -6 (relating To Sub- Rule 4.4.2) Government Of Nepal
(Relating to Sub- rule 4.4.2) Government of Nepal
Ministry of Culture, Tourism and Civil Aviation
Department of Archaeology
Subject :- Approval to carry- out the Archaeological Excavation
Upon examining your application, submitted in this Department for prior approval to carry-out the works, within the area of â¦â¦â¦â¦â¦â¦.ancient monument of â¦â¦â¦â¦â¦.., â¦â¦â¦â¦â¦..Districtâ¦â¦â¦â¦â¦â¦â¦â¦..Zone, a decision of Government of Nepal has been made onâ¦â¦â¦â¦â¦â¦â¦.to provide permission to carry-out the following works, therefore, this approval letter is issued to that effect. Further, it is hereby requested to perform the works following the Act, Rules and terms and conditions, or otherwise, it is also informed to be according to the prevailing laws.
Terms and Conditions:
21Amended by Second Amendment.
22 Deleted by Fourth Amendment.
(Source: Nepal Law Commission)
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