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ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS ACT, 1958
24 of 1958
28th August, 1958
STATEMENT OF OBJECTS AND REASONS "Under the Government of India Act, 1935, the subject "Ancient and historical monuments; archaeological monuments; archaeological sites and remains" fell within Entry 15 of the Federal List. Under the Constitution, this subject has been distributed under three different heads, namely,- Entry 67, Union List - Ancient and historical monuments and records, and archaeological sites and remains, declared by or under law made by Parliament to be of national importance. Entry 12, State List - Ancient and historical monuments and records other than those declared by or under law made by Parliament to be of national importance, and Entry 40, Concurrent List - Archaeological sites and remains other than those declared by or under law made by Parliament to be of national importance. There are at present two Acts in force relating to ancient monuments –the Ancient Monuments Preservation Act, 1904, and the Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951. The Act of 1951 merely declares certain monuments, etc., to be of national importance and the Act of 1904 applies also to such monuments. While the Constitution has distributed the subject-matter under three different heads the Act of 1904 governs all ancient monuments whether falling in the Central field or the State field, and vests all executive power in the Central Government. The position of the existing law relating to ancient monuments is far from satisfactory. The present Bill purports to be a self contained law at the Centre which will apply exclusively to ancient monument, etc., of national importance falling under Entry 67 of List I and to archaeological sites and remains falling under Entry 40 in the Concurrent List. Simultaneously, the State Governments would be advised to enact a similar law in respect of ancient monuments, etc., falling under Entry 12 in the State List. In this manner, the Central and State fields will be clearly demarcated and the existing confusion and overlapping of jurisdiction arising from the Act of 1904 will be eliminated. 2. The Bill is broadly modelled on the Act of 1904. It, however, contains a few new provisions which are intended to overcome certain difficulties which have been experienced in the working of the Act of 1904. Some of the important new provisions are as follows: (a) The Act of 1904 confers wide powers upon Collectors. In the interests of uniformity and integrated policy, it is proposed to transfer some of these functions to the Director-General of Archaeology. (b) The Constitution (Seventh Amendment) Act, 1956, permits the declaration of ancient monuments, etc., to be of national importance by notification. Clause 4 of the Bill confers the necessary powers on the Central Government in this behalf. (c) One of the main difficulties experienced in regard to protected monuments, etc., owned by private persons is the refusal of such owners to enter into an agreement with the Central Government for the maintenance of the monuments. The Bill provides that where an owner of a protected monument refuses to enter into such agreement, the Central Government may make an order for the maintenance of the monument which shall be binding on the owner. (Cl. 9). (d) Power is being taken to regulate excavation in archaeological sites which are not declared to be of national importance. (Clause 24). (e) Provision is being made for compulsory purchase of antiquities and other objects of historical or archaeological importance on payment of compensation. (Clauses 23 (3) and 28). 3. The Act of 1951 and Section 126 of the States Reorganisation Act, 1956, are being repealed with- out affecting the declarations made thereby."- Gaz. of Ind., 16-12- 1957, Pt-ll-S-2, Ext., p. 990.
An Act to provide for the preservation of ancient and historical monuments and archaeological sites and remains of national importance, for the regulation of archaeological excavations and for the protection of sculptures, carvings and other like objects. BE it enacted by Parliament in the Ninth Year of the Republic of India as follows: The Act has been extended to :- (a) the Union territory of Goa, Daman and Diu, by Goa, Daman and Diu (Laws) Regulation, 12 of 1962 (w.e.f. 15-8-1963). Goa is now a State -See Act 18 of 1987, S. 3 (30-5-1987). (b) the Union territory of Dadra and Nagar Haveli, by Dadra and Nagar Haveli (Laws) Regulation, 6 of 1963 (w.e.f. 1-7- 1965). (c) The Union territory of Pondicherry by Pondicherry (Laws) Regulation, 7 of 1963 (w.e.f. 1-10-1963).
CHAPTER 01: PRELIMINARY
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called The Ancient Monuments and Archaeological Sites and Remains Act, 1958.
1[(2) It extends to the whole of India.]
(3) It shall come into force on such date2as the Central Government may, by notification in the Official Gazette, appoint.
SECTION 02: DEFINITIONS
- In this Act, unless the context otherwise requires,-
(a) "ancient monument" means any structure, erection or monument, or any tumulus or place of interment, or any cave, rock sculpture, inscription or monolith, which is of historical, archaeological or artistic interest and which has been in existence for not less than one hundred years, and includes-
(i) the remains of an ancient monument,-
(ii) the site of an ancient monument,
(iii) such portion of land adjoining the site of an ancient monument as may be required for fencing or covering in or otherwise preserving such monument, and
(iv) the means of access to, and convenient inspection of an ancient monument;
(b) "antiquity" includes-
(i) any coin, sculpture, manuscript, epigraph, or other work of art or craftsmanship,
(ii) any article, object or thing detached from a building or cave,
(iii) any article, object or thing illustrative of science, art, crafts, literature, religion, customs, morals or politics in bygone ages,
(iv) any article, object or thing of historical interest, and
(v) any article, object or thing declared by the Central Government by notification in the Official Gazette, to be an antiquity for the purposes of this Act, which has been in existence for not less than one hundred years;
(c) "archaeological officer" means an officer of the Department of Archaeology of the Government of India not lower in rank than Assistant Superintendent of Archaeology;
(d) "archaeological site and remains" means any area which contains or is reasonably believed to contain ruins or relics of historical or archaeological importance which have been in existence for not less than one hundred years, and includes-
(i) such portion of land adjoining the area as may be required for fencing or covering in or otherwise preserving it, and
(ii) the means of access to, and convenient inspection of, the area;
(e) "Director-General" means the Director-General of Archaeology, and includes any officer authorised by the Central Government to perform the duties of the Director-General;
(f) "maintain", with its grammatical variations and cognate expressions, includes the fencing, covering in, repairing, restoring and cleansing of a protected monument, and the doing of any act which may be necessary for the purpose of preserving a protected monument or of securing convenient access thereto;
(g) "owner" includes-
(i) a joint owner invested with powers of management on behalf of himself and other joint owners and the successor-in-title of any such owner; and
(ii) any manager or trustee exercising powers of management and the successor-in-office of any such manager or trustee;
(h) "prescribed" means prescribed by rules made under this Act;
(i) "protected area" means any archaeological site and remains which is declared to be of national importance by or under this Act;
(j) "protected monument" means an ancient monument which is declared to be of national importance by or under this Act.
SECTION 02A: CONSTRUCTION OF REFERENCES TO ANY LAW NOT IN FORCE IN THE STATE OF JAMMU AND KASHMIR
- Any reference in this Act to any law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State.].
CHAPTER 02: ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS OF NATIONAL IMPORTANCE
SECTION 03: CERTAIN ANCIENT MONUMENTS, ETC., DEEMED TO BE OF NATIONAL IMPORTANCE
- All ancient and historical monuments and all archaeological sites and remains which have been declared by the Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951, or by section 126 of the States Reorganisation Act, 1956, to be of national importance shall be deemed to be ancient and historical monuments or archaeological sites and remains declared to be of national importance for the purposes of this Act.
SECTION 04: POWER OF CENTRAL GOVERNMENT TO DECLARE ANCIENT MONUMENTS, ETC. TO BE OF NATIONAL IMPORTANCE
- (1) Where the Central Government is of opinion that any ancient monument or archaeological site and remains not included in section 3-is of national importance, it may, by notification in the Official Gazette, give two months' notice of it" intention to declare such ancient monument or archaeological site and remains to be of national importance; and a copy of every such notification shall be affixed in a conspicuous place near the monument or site and remains, as the case may be.
(2) Any person interested in any such ancient monument or archaeological site and remains may, within two months after the issue of the notification, object to the declaration of the monument, or the archaeological site and remains, to be of national importance.
(3) On the expiry of the said period of two months, the Central Government may, after considering the objections, if any, received by it, declare by notification in the Official Gazette, the ancient monument or the archaeological site and remains; as the case may be, to be of national importance.
(4) A notification published under sub-section (3) shall, unless and until it is withdrawn, be conclusive evidence of the fact that the ancient monument or the archaeological site and remains to which it relates is of national importance for the purposes of this Act.
CHAPTER 03: PROTECTED MONUMENTS
SECTION 05: ACQUISITION OF RIGHTS IN A PROTECTED MONUMENT
(1) The Director-General may, with the sanction of the Central Government, purchase, or take a lease of, or accept a gift or bequest of, any protected monument.
(2) Where a protected monument is without an owner, the Director-General may, by notification in the Official Gazette assume the guardianship of the monument.
(3) The owner of any protected monument may, by written instrument, constitute the Director- General the guardian of the monument, and the Director- General may, with the sanction of the Central Government, accept such guardianship.
(4) When the Director-General has accepted the guardianship of a monument under sub-section (3), the owner shall, except as expressly provided in this Act, have the same estate, right, title and interest in and to the monument as if the Director- General had not been constituted a guardian thereof.
(5) When the Director-General has accepted the guardianship of a monument under sub-section (3), the provisions of this Act relating to agreements executed under section 6-shall apply to the written agreements executed under the said sub-section.
(6) Nothing in this section shall affect the use of any protected monument for customary religious observances.
SECTION 06: PRESERVATION OF PROTECTED MONUMENT BY AGREEMENT
(1) The Collector, when so directed by the Central Government, shall propose to the owner of a protected monument to enter into an agreement with the Central Government within a specified period for the maintenance of the monument.
(2) An agreement under this section may provide for all or any of the following matters, namely:
(a) the maintenance of the monument;
(b) the custody of the monument and the duties of any person who may be employed to watch it;
(c) the restriction of the owner's right-
(i) to use the monument for any purpose,
(ii) to charge any fee for entry into, or inspection of, the monument,
(iii) to destroy, remove, alter or deface the monument, or
(iv) to build on or near the site of the monument;
(d) the facilities of access to be permitted to the public or any section thereof or to archaeological officers or to persons deputed by the owner or any archaeo- logical officer or the Collector to inspect or maintain the monument;
(e) the notice to be given to the Central Government in case the land on which the monument is situated or any adjoining land is offered for sale by the owner, and the right to be reserved to the Central Government to purchase such land, or any specified portion of such land, at its market value;
(f) the payment of any expenses incurred by the owner or by the Central Government in connection with the maintenance of the monument;
(g) the proprietary or other rights which are to vest in the Central Government in respect of the monument when any expenses are incurred by the Central Government in connection with the maintenance of the monument;
(h) the appointment of an authority to decide any dispute arising out of the agreement; and
(i) any matter connected with the maintenance of the monument which is a proper subject of agreement between the owner and the Central Government.
(3) The Central Government or the owner may, at any time after the expiration of three years from the date of execution of an agreement under this section, terminate it on giving six months' notice in writing to the other party: Provided that where the agreement is terminated by the owner, he shall pay to the Central Government the expenses, if any, incurred by it on the maintenance of the monument during the five years immediately preceding the termination of the agreement or, if the agreement has been in force for a shorter period, during the period the agreement was in force.
(4) An agreement under this section shall be binding on any person claiming to be the owner of the monument to which it relates, from, through or under a party by whom or on whose behalf the agreement was executed.
SECTION 07: OWNERS UNDER DISABILITY OR NOT IN POSSESSION
-(1) If the owner of a protected monument is unable, by reason of infancy or other disability, to act for himself, the person legally competent to act on his behalf may exercise the powers conferred upon an owner by section 6-.
(2) In the case of village property, the headman or other village-officer exercising powers of management over such property may exercise the powers conferred upon an owner by section 6-.
(3) Nothing in this section shall be deemed to empower any person not being of the same religion as the person on whose behalf he is acting to make or execute an agreement relating to a protected monument which or any part of which is periodically used for the religious worship or observances of that religion.
SECTION -8: APPLICATION OF ENDOWMENT TO REPAIR A PROTECTED MONUMENT
- (1) If any owner or other person competent to enter into an agreement under section 6-for the maintenance of a protected monument refuses or fails to enter into such an agreement, and if any endowment has been created for the purpose of keeping such monument in repair or for that purpose among others, the Central Government may institute a suit in the Court of the district Judge, or if the estimated cost of repairing the monument does not exceed one thousand rupees, may make an application to the district Judge, for the proper application of such endowment or part thereof.
(2) On the hearing of an application under sub-section (1), the district Judge may summon and examine the owner and any person whose evidence appears to him necessary and may pass an order for the proper application of the endowment or of any part thereof, and any such order may be executed as if it were a decree of a civil Court.
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