Ancient Monuments and Archaeological Sites and Remains Act, 1958- Sections 21 to 39

Archaeological Excavations

21. Excavations in protected areas.

21. Excavations in protected areas.—An archaeological officer or an officer authorised by him in this behalf or any person holding a licence granted in this behalf under this Act (hereinafter referred to as the licensee) may, after giving notice in writing to the Collector and the owner, enter upon and make excavations in any protected area.

22. Excavations in areas other than protected areas.

22. Excavations in areas other than protected areas.—Where an archaeological officer has reason to believe that any area not being a protected area contains ruins or relics of historical or archaeological importance, he or an officer authorised by him in this behalf may, after giving notice in writing to the Collector and the owner, enter upon and make excavations in the area.

23. Compulsory purchase of antiquities, etc., discovered during excavation operations.

23. Compulsory purchase of antiquities, etc., discovered during excavation operations.—(1) Where, as a result of any excavations made in any area under Section 21 or Section 22 any antiquities are discovered, the archaeological officer or the licensee, as the case may be, shall,—

(a) as soon as practicable, examine such antiquities and submit a report to the Central Government in such manner and containing such particulars as may be prescribed;

(b) at the conclusion of the excavation operations, give notice in writing to the owner of the land from which such antiquities have been discovered, of the nature of such antiquities.

(2) Until an order for the [i][compulsory acquisition] of any such antiquities is made under sub-section (3), the archaeological officer or the licensee, as the case may be, shall keep them in such safe custody as he may deem fit.

(3) On receipt of a report under sub-section (1), the Central Government may make an order for the [ii][compulsory acquisition of any such antiquities.]

(4) When an order for the compulsory acquisition of any antiquities is made under sub-section (3), such antiquities shall vest in the Central Government with effect from the date of the order.

 

Other Contents of Ancient Monuments and Archaeological Sites and Remains Act, 1958​
Sections 1 to 18 Sections 19 to 20-Q Sections 21 to 39

 

24. Excavations etc., for archaeological purposes.

24. Excavations etc., for archaeological purposes.—No State Government shall undertake or authorise any person to undertake any excavation or other like operators for archaeological purposes in any area which is not a protected area except with the previous approval of the Central Government and in accordance with such rules or directions, if any, as the Central Government may make or give in this behalf.

Protection of Antiquities

25. Power of Central Government to control moving of antiquities.

25. Power of Central Government to control moving of antiquities.—(1) If the Central Government considers that any antiquities or class of antiquities ought not to be moved from the place where they are without the sanction of the Central Government; the Central Government may, by notification in the Official Gazette, direct that any such antiquity or any class of such antiquities shall not be moved except with the written permission of the Director-General.

(2) Every application for permission under sub-section (1) shall be in such form and contain such particulars as may be prescribed.

(3) Any person aggrieved by an order refusing permission may appeal to the Central Government whose decision shall be final.

26. Purchase of antiquities by Central Government.

26. Purchase of antiquities by Central Government.—(1) If the Central Government apprehends that any antiquity mentioned in a notification issued under sub-section (1) of Section 25 is in danger of being destroyed, removed, injured, misused or allowed to fall into decay or is of opinion that, by reason of its historical or archaeological importance, it is desirable to preserve such antiquity in a public place, the Central Government may make an order for the [iii][compulsory acquisition of such antiquity] and the Collector shall thereupon give notice to the owner of the antiquity to be acquired.

(2) Where a notice of [iv][compulsory acquisition] is issued under sub-section (1) in respect of any antiquity, such antiquity shall vest in the Central Government with effect from the date of the notice.

(3) The power of compulsory acquisition given by this section shall not extend to any image or symbol actually used for bona fide religious observances.

Principles of Compensation

27. Compensation for loss or damage.

27. Compensation for loss or damage.—Any owner or occupier of land who has sustained any loss or damage or any diminution of profits from the land by reason of any entry on or excavations in, such land or the exercise of any other power conferred by this Act shall be paid compensation by the Central Government for such loss, damage or diminution of profits.

28. Assessment of market value or compensation.

28. Assessment of market value or compensation.—(1) The market value of any property which the Central Government is empowered to purchase at such value under this Act or the compensation to be paid by the Central Government in respect of anything done under this Act shall, where any dispute arises in respect of such market value or compensation, be ascertained in the manner provided in Sections 3, 5, 8 to 34, 45 to 47, 51 and 52 of the Land Acquisition Act, 1894, so far as they can be made applicable:

Provided that, when making an enquiry under this said Land Acquisition Act, the Collector shall be assisted by two assessors, one of whom shall be a competent person nominated by the Central Government and once a person nominated by the owner, or, in case the owner fails to nominate an assessor within such reasonable time as may be fixed by the Collector in this behalf, by the Collector.

[v][(2) For every.antiquity in respect of which an order for compulsory acquisition has been made under sub-section (3) of Section 23 or under sub-section (1) of Section 26, there shall be paid compensation and the provisions of Sections 20 and 22 of the Antiquities and Art Treasures Act, 1972 shall, so far as may be, apply in relation to the determination and payment of such compensation as they apply in relation to the determination and payment of compensation for any antiquity or art treasure compulsorily acquired under Section 19 of that Act.]

Miscellaneous

29. Delegation of powers.

29. Delegation of powers.—The Central Government may, by notification in the Official Gazette, direct that any powers conferred on it by or under this Act shall, subject to such conditions as may be specified in the direction, be exercisable also by—

(a) such officer or authority subordinate to the Central Government, or

(b) such State Government or such officer or authority subordinate to the State Government, as may be specified in the direction.

30. Penalties.

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, basrelief, inscription, or other like object, or

(iv) does any act in contravention of sub-section (1) of Section 19, shall be punishable with [vi][imprisonment which may extend to two years], or with [vii][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 [viii][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.

(2) Any person who moves any antiquity in contravention of a notification issued under sub-section (1) of Section 25 shall be punishable with fine which may extend to five thousand rupees; 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.

30-A. Punishment for construction, etc., in prohibited area.

[ix][30-A. Punishment for construction, etc., in prohibited area.—Whoever raises, on and after the date on which the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Bill, 2010, receives the assent of the President, any construction in the prohibited area, shall be punishable with imprisonment not exceeding two years or with fine which may extend to one lakh rupees or with both.]

30-B. Punishment for construction, etc., in regulated area.

[x][30-B. Punishment for construction, etc., in regulated area.—Whoever raises, on and after the date on which the Ancient Monuments and Acrhaeological Sites and Remains (Amendment and Validation) Bill, 2010, receives the assent of the President, any construction in the regulated area without the previous permission of the competent authority or in contravention of the permission granted by the competent authority, shall be punishable with imprisonment not exceeding two years or with fine which may extend to one lakh rupees or with both.]

30-C. Offences by officers of Government.

[xi][30-C. Offences by officers of Government.—If any officer of the Central Government enters into or acquiesces in any agreement to do, abstains from doing, permits, conceals or connives at any act or thing whereby any construction or re-construction takes place in a prohibited area or regulated area, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.]

31. Jurisdiction to try offences.

31. Jurisdiction to try offences.—No Court inferior to that of a Presidency Magistrate or a Magistrate of the 1st class shall try any offence under this Act.

32. Certain offences to be cognizable.

32. Certain offences to be cognizable.—Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence under clause (i) or clause (iii) of sub-section (1) of Section 30, shall be deemed to be a cognizable offence within the meaning of that Code.

33. Special provision regarding fine.

33. Special provision regarding fine.—Notwithstanding anything contained in Section 32 of the Code of Criminal Procedure, 1898, it shall be lawful for any Magistrate of the first class specially empowered by the State Government in this behalf and for any Presidency Magistrate to pass a sentence of fine exceeding two thousand rupees on any person convicted of an offence which under this Act is punishable with fine exceeding two thousand rupees.

34. Recovery of amounts due to the Government.

34. Recovery of amounts due to the Government.—Any amount due to the Government from any person under this Act may, on a certificate issued by the Director General or an archaeological officer authorised by him in this behalf be recovered in the same manner as an arrear of land revenue.

35. Ancient monuments, etc., which have ceased to be of national importance.

35. Ancient monuments, etc., which have ceased to be of national importance.—If the Central Government is of opinion that any ancient and historical monument or archaeological site and remains declared, to be of national importance by or under this Act has ceased to be of national importance, it may, by notification in the Official Gazette, declare that the ancient and historical monument or archaeological site and remains, as the case may be, has ceased to be of national importance for the purposes of this Act.

35-A. Obligation to survey the protected prohibited area and regulated areas.

[xii][35-A. Obligation to survey the protected prohibited area and regulated areas.—(1) The Director-General shall, within such time as may be specified by the Central Government, conduct a survey or cause survey to be conducted in respect of all prohibited areas and regulated areas for the purpose of detailed site plans.

(2) A report in respect of such survey referred to in sub-section (1) shall be forwarded to the Central Government and to the Authority.]

35-B. Identification of unauthorised constructions on or after 16th June, 1992.

[xiii][35-B. Identification of unauthorised constructions on or after 16th June, 1992.—(1) The Director-General shall, within such time as may be specified by the Central Government, identify or cause to be identified, all constructions (of whatever nature) made on and after the 16th day of June, 1992 in all prohibited areas and regulated areas and, thereafter, submit from time to time a report in respect thereof to the Central Government.

(2) The Director-General shall, for the purposes of sub-section (1), have the power to call for information from the local bodies and other authorities.]

36. Power to correct mistakes, etc.

36. Power to correct mistakes, etc.—Any clerical mistake, patent error or error arising from accidental slip or omission in the description of any ancient monument or archaeological site and remains declared to be of national importance by or under this Act may, at any time, be corrected by the Central Government by notification in the Official Gazette.

37. Protection of action taken under the Act.

37. Protection of action taken under the Act.—No suit for compensation and no criminal proceeding shall lie against any public servant in respect of any act done or in good faith intended to be done in the exercise of any power conferred by this Act.

38. Power to make rules.

38. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—

(a) the prohibition or regulation by licensing or otherwise of mining, quarrying, excavating, blasting or any operation of a like nature near a protected monument or the construction of buildings on land adjoining such monument and the removal of unauthorised buildings;

(b) the grant of licences and permissions to make excavations for archaeological purposes in protected areas, the authorities by whom and the restrictions and conditions subject to which, such licences may be granted, the taking of securities from licensees and the fees that may be charged for such licences;

(c) the right of access of the public to a protected monument and the fee, if any, to be charged therefor;

[xiv][(ca) the categories of ancient monuments or archaeological sites and remains, declared as of national importance, under sub-section (1) of Section 4-A;

(cb) the manner of making application for grant of permission under sub-section (1) of Section 20-D;

(cc) the category of applications in respect of which the permission may be granted and applications which shall be referred to the Authority for its recommendation, under sub-section (2) of Section 20-D;

(cd) the other matters including heritage controls such as elevations, facades, drainage systems, roads and service infrastructure (including electric poles, water and sewer pipelines) under sub-section (2) of Section 20-E;

(ce) the manner of preparation of detailed site plans in respect of each prohibited area and regulated area and the time within which such heritage bye-laws shall be prepared and particulars to be included in each such heritage bye-laws under sub-section (3) of Section 20-E;

(cf) salaries and allowances payable to, and the other terms and conditions of service of, the whole-time Chairperson and whole-time members, or fees or allowances payable to the part-time members, of the Authority under sub-section (1) of Section 20-H;

(cg) the form in which and time at which the Authority shall prepare an annual report giving full description of its activities for the previous year under Section 20-P;

(ch) the form and manner in which the Authority and competent authority shall furnish information to the Central Government under Section 20-Q;]

(d) the form and contents of the report of an archaeological officer or a licensee under clause (a) of sub-section (1) of Section 23;

(e) the form in which applications for permission under Section 19 or Section 25 may be made and the particulars which they should contain;

(f) the form and manner of preferring appeals under this Act and the time within which they may be preferred;

(g) the manner of service of any order or notice under this Act;

(h) the manner in which excavations and other like operations for archaeological purposes may be carried on;

(i) any other matter which is to be or may be prescribed.

(3) Any rule made under this section may provide that a breach thereof shall be punishable,—

(i) in the case of a rule made with reference to clause (a) of sub-section (2), with imprisonment which may extend to three months, or with fine which may extend to five thousand rupees, or with both;

(ii) in the case of a rule made with reference to clause (b) of sub-section (2), with fine which may extend to five thousand rupees;

(iii) in the case of a rule made with reference to clause (c) of sub-section (2), with fine which may extend to five hundred rupees.

[xv][(4) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it si made, before such House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree ion making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

39. Repeals and saving.

39. Repeals and saving.—(1) The Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951, and Section 126 of the States Reorganisation Act, 1956, are hereby repealed.

(2) The Ancient Monuments Preservations Act, 1904, shall cease to have effect in relation to ancient and historical monuments and archaeological sites and remains declared by or under this Act to be of national importance, except as respects things done or omitted to be done before the commencement of this Act.

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