THE ANCIENT MONUMENT AND ARCHEOLOGICAL SITES AND REMAINS ACT, 1958

?An Act to provided 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:?

?PRELIMINARY
?1. Short title, ete!t "!# $o%%e!$e%e!t.? (1) his !ct may be called the !ncient
"onuments and !rchaeolo#ical $ites and Remains !ct% 1&'()
i
[1] *(+) It e,tends to the whole of India)-
?(.) It shall come into force on such date as the /entral 0o1ernment may% by notification in the
2fficial 0a3ette% appoint)
?&. De'i!itio!(.?? In this !ct% unless the conte,t otherwise re4uires%?
?(a) ?ancient monument? means any structure% erection or monument% or any tumulus or place of
interment% or any ca1e% roc56sculpture% inscription or monolith% which is of historical%
archaeolo#ical or artistic interest and which has been in e,istence 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 ad7oinin# the site of an ancient monument as may be re4uired for
fencin# or co1erin# in or otherwise preser1in# such monument% and
?(i1) the means of access to% and con1enient inspection of% and ancient monument8
?(b) ?antiquity? includes?
?(i) any coin% sculpture% manuscript% epi#raph% or other wor5 of art or craftsmanship?
?(ii) any article% ob7ect or thin# detached from a buildin# or ca1e%
?(iii) any article% ob7ect or thin# illustrati1e of science% art% crafts% literature% reli#ion% customs%
morals or politics in by#one a#es%
?(i1) any article% ob7ect or thin# of historical interest% and
?(1) any article% ob7ect or thin# declared by the /entral 0o1ernment % by notification in the 2fficial
0a3ette% to be an anti4uity for the purposes of this !ct%
?which has been in e,istence for not less than one hundred years8
?(c) ?archaeological officer? means an officer of the 9epartment of !rchaeolo#y of the
0o1ernment of India not lower in ran5 than !ssistant $uperintendent of !rchaeolo#y8
?(d) ?Archaeological site and remains? means any area which contains or is reasonably belie1ed
to contain ruins or relics of historical or archaeolo#ical importance which ha1e been in e,istence
for not less than one hundred years% and includes?
?(i) such portion of land ad7oinin# the area as may be re4uired for fencin# or co1erin# in or other
wise preser1in# it% and
?(ii) the means of access to% and con1enient inspection of% the area8
?(e) ?Director-eneral? means the 9irector60eneral of !rchaeolo#y% and includes any officer
authori3ed by the /entral 0o1ernment to perform the duties of the 9irector60eneral8
?(f) ?maintain? with its #rammatical 1ariations and co#nate e,pressions% includes the fencin#%
co1erin# in% repairin#% restorin# and cleansin# of a protected monument% and the doin# of any act
which may be necessary for the purpose of preser1in# a protected monument or of securin#
/on1enient access thereto8
?(#) ?o!ner? includes?
?(i) a 7oint owner in1ested with powers of mana#ement on behalf of himself and other 7oint
owners and the successor6in6title of any such owner8 and
?(ii) any mana#er or trustee e,ercisin# powers of mana#ement and the successor6in6office of any
such mana#er or trustee8
?(h) ?prescribed? means prescribed by rules made under this !ct8
?(i) ?protected area? means any archaeolo#ical site and remains which is declared to be of
national importance by or under this !ct8
?(7) ?protected monument? means an ancient monument which is declared to be of national
importance by or under this !ct)
?
ii
[2] )&A. Co!(tr*$tio! o' re'ere!$e( to "!+ l", !ot i! 'or$e i! the St"te o' -"%%* "!#
."(h%ir.? !ny reference in this !ct to any law which is not in force in the $tate of :ammu !nd
;ashmir shall% in relation to that $tate% be construed as a reference to the correspondin# law% if
any% in force in that $tate)/
?ANCIENT MONUMENT AND ARCHA0EOLOGICAL SITES AND REMAINS O1 NATIONAL
IMPORTANCE
?2. Cert"i! "!$ie!t %o!*%e!t(, et$., #ee%e# to 3e o' !"tio!"l i%4ort"!$e.? !ll ancient and
historical monuments and all archaeolo#ical $ites and remains which ha1e been declared by the
!ncient and <istorical "onuments and !rchaeolo#ical $ites and Remains (9eclaration of
National Importance) !ct% 1&'1 (=1 of 1&'1)% or by $ection 1+> of the $tates Reo#anisation !ct%
1&'> (.= of 1&'>)% to be national importance shall be deemed to be ancient and historical
monuments or archaeolo#ical sites and remains declared to be of national importance for the
purposes of this !ct)
?0. Po,er o' Ce!tr"l Go5er!%e!t to #e$l"re "!$ie!t %o!*%e!t(, et$., to 3e o' !"tio!"l
i%4ort"!$e.? (1) ?here the /entral 0o1ernment is of opinion that any ancient monument or
archaeolo#ical site and remains not included in $ection . is of national importance% it may% by
notification in the 2fficial 0a3ette% #i1e two months? notice of its intention to declare such ancient
monument or archaeolo#ical site and remains to be of national importance8 and a copy of e1ery
such notification shall be affi,ed in a conspicuous place near the monument or site and remains%
as the case may be)
?(+) !ny person interested in any such ancient monument or archaeolo#ical site and remains
may% within two months after the issue of the notification% ob7ect to the declareation of the
monument% or the archaeolo#ical site and remains% to be of national importance)
?(.) 2n the e,piry of the said period of two months% the /entral 0o1ernment may% after
considerin# the ob7ections% if any% recei1ed by it% declare by notification in the 2fficial 0a3ette% the
ancient monument or the archaeolo#ical site and remains% as the case may be% to be of national
importance)
?(@) ! notification published under sub6section (.) shall% unless and until it is withdrawn% be
conclusi1e e1idence of the fact that the ancient monument or the archaeolo#ical site and remains
to which it relates is of national importance for the purposes of this !ct)
?PROTECTED MONUMENTS
?5. A$6*i(itio! o' ri7ht( i! " 4rote$te# %o!*%e!t.? (1) he 9irector60eneral may% with the
sanction of the /entral 0o1ernment% purchase% or ta5e a lease of% or accept a #ift or be4uest of%
any protected monument)
?(+) ?here a protected monument is without an owner% the 9irector60eneral may% by notification
in the 2fficial 0a3ette% assume the #uardianship of the monument)
?(.) he owner of any protected monument may% by written instrument% constitute the 9irector6
0eneral the #uardian of the monument% and the 9irector60eneral may% with the sanction of the
/entral 0o1ernment% accept such #uardianship)
?(@) ?hen the 9irector60eneral has accepted the #uardianship of a monument under sub6section
(.)% th@e owner shall% e,cept as e,pressly pro1ided in this !ct% ha1e the same estate% ri#ht% title
and interest in and to the monument as if the 9irector60eneral had not been constituted a
#uardian thereof)
?(') ?hen the 9irector60eneral has accepted the #uardianship of a monument under sub6section
(.)% the pro1isions of this !ct relatin# to a#reements e,ecuted under $ection > shall apply to the
written a#reements e,ecuted under the said sub6section)
?(>) Nothin# in this section shall affect the use of any protected monument for customary
reli#ious obser1ances)
?8. Pre(er5"tio! o' 4rote$te# %o!*%e!t 3+ "7ree%e!t.? (1) he /ollector% when so directed
by the /entral 0o1ernment% shall propose to the owner of a protected monument to enter into an
a#reement with the /entral 0o1ernment within a $pecified period for the maintenance of the
monument)
?(+) !n a#reement under this section may pro1ide for all or any of the followin# matters% namely:?
?(a) the maintenance of the monument8
?(b) the custody of the monument and the duties of any person who may be employed to watch it8
?(c) the restriction of the owner?s ri#ht?
?(i) to use the monument for any purpose%
?(ii) to char#e any fee for entry into% or inspection of% the monument%
?(iii) to destroy% remo1e% alter or deface the monument% or
?(i1) to build on or near the site of the monument8
?(d) the facilities of access to be permitted to the public or any section thereof or to
archaeolo#ical officers or to persons deputed by the owner or any archaeolo#ical officer or the
/ollector to inspect or maintain the monument8
?(e) the notice to be #i1en to the /entral 0o1ernment in case the %and on which the monument is
situated or any ad7oinin# land is offered for sale by the owner% and the ri#ht to be reser1ed to the
/entral 0o1ernment to purchase such land% or any specified portion of such land% at its mar5et
1alue8
?(f) the payment of any e,penses incurred by the owner or by the /entral 0o1ernment in
connection with the maintenance of the monument8
?(#) the proprietary or other ri#hts which are to 1est in the /entral 0o1ernment in respect of the
monument when any e,penses are incurred by the /entral 0o1ernment in conection with the
maintenance of the monument8
?(h) the appointment of an authority to decide any dispute arisin# out of the a#reement8 and
?(i) any matter connected with the maintenance of the monument which is a proper sub7ect of
a#reement between the owner and the /entral 0o1ernment)
?(.) he /entral 0o1ernment or the owner may% at any time after the e,piration of three years
from the date of e,ecution of an a#reement under this section% terminate it on #i1in# si, months?
notice in writin# to the other party:
?Pro1ided that where the a#reement is terminated y the owner% he shall pay to the /entral
0o1ernment the e,penses% if any% incurred by it on the maintenance of the monument durin# the
fi1e years immediately precedin# the termination of the a#reement or% if the a#reement has been
in force for a shorter period% durin# the period the a#reement was in force)
?(@) !n a#reement under this section shall be bindin# on any person claimin# to be the owner of
the monument to which it relates% for% throu#h or under a party by whom or on whose behalf the
a#reement was e,ecuted)
?9. O,!er( *!#er #i("3ilit+ or !ot i! 4o((e((io!.? (1) If the owner of a protected monument
is unable% by reason of infancy or other disability% to act for himdAself% the person le#ally
competent to act on his behalf may e,ercise the powers conferred upon an owner by $ection >)
?(+) In the case of 1illa#e property% the headman or other 1illa#e6officer e,ercisin# powers of
mana#ement o1er such property may e,ercise the powers conferred upon an owner by $ection >)
?(.) Nothin# in this section shall be deemed to empower any person not bein# of the same
reli#ion as the person on whose behalf he is actin# to ma5e or e,ecute an a#reement relatin# to a
protected monument which or any part of which is periodically used for the reli#ious worship or
obser1ances of that reli#ion)
?8. A44li$"tio! o' e!#o,%e!t to re4"ir " 4rote$te# %o!*%e!t.? (1) If any owner or other
person competent to enter into an a#reement under $ection > for the maintenance of a protected
monument refuses or fails to enter into such an a#reement% and if any endowment has been
created for the purpose of 5eepin# such monument in repair or for that purpose amon# others%
the /entral 0o1ernment may institute a suit in the court of the district 7ud#e% or% if the estimated
cost of repairin# the monument does not e,ceed one thousand rupees% may ma5e an application
to the district 7ud#e% for the proper application of such endowment or part thereof)
?(+) 2n the hearin# of an application under6section (1)% the district 7ud#e may summon and
e,amine the owner and any person whose e1idence appears to him necessary and may pass
order for the proper application of the endowment or of any part thereof% and any such order may
be e,ecuted as if it were a decree of a ci1il court)
?9. 1"il*re or re'*("l to e!ter i!to "! "7ree%e!t.? (1) If any owner or other person competent
to enter into an a#reement under $ection > for the maintenance of a protected monument refuses
or fails to enter into such an a#reement% the /entral 0o1ernment may ma5e an order pro1idin#
for all or any of the matters specified in sub6section (+) of $ection > and such order shall be
bindin# on the owner or such other person and on e1ery person claimin# title to the monument
from% throu#h or under% the owner or such other person)
?(+) where an order made under sub6section (1) pro1ides that the monument shall be maintained
by the owner or other person competent to enter into an a#reement all reasonable e,penses for
the maintenance of the monument shall be payable by the /entral 0o1ernment)
?(.) No order under sub6section (1) shall be made unless the owner or other person has been
#i1en an opportunity of ma5in# a representation in writin# a#ainst the proposed order)
?1:. Po,er to %";e or#er 4rohi3iti!7 $o!tr"5e!tio! o' "7ree%e!t *!#er Se$tio! 8.? (1) If
the 9irector60eneral apprehends that the owner or occupier of a protected monument intends to
destroy% remo1e% alter% deface% imperil or misuse the monument or to build on or near the site
thereof in contra1ention of the terms of an a#reement under $ection >% the 9irector60eneral may%
after #i1in# the owner or occupier an opportunity of ma5in# a representation in writin#% ma5e an
order prohibitin# any such contra1ention of the a#reement:
?Pro1ided that no such opportunity may be #i1en in any case where the 9irector60eneral% for
reasons to be recorded% is satisfied that it is not e,pedient or practicable to do so)
?(+) !ny person a##rie1ed by an order under this section may appeal to the /entral 0o1ernment
which such time and in such manner as may be prescribed and the decision of the /entral
0o1ernment shall be final)
?11. E!'or$e%e!t o' "7ree%e!t(.? (1) If an owner or other person who is bound by an
a#reement for the maintenance of a monument under $ection > refuses or fails within such
reasonable time as the 9irector60eneral may fi,% to do any act which in the opinion of the
9irector60eneral is necessary for the maintenance of the monument% the 9irector60eneral may
authorise any person to do any such act% and the owner or other person shall be liable to pay the
e,penses of doin# any such act or such portion of the e,penses as the owner may be liable to
pay under the a#reement)
?(+) If any dispute arises re#ardin# the amount of e,penses payable by the owner or other
person under sub6section (1)% it shall be referred to the /entral 0o1ernment whose decision shall
be final)
?1&. P*r$h"(er( "t $ert"i! ("le( "!# 4er(o!( $l"i%i!7 thro*7h o,!er 3o*!# 3+
i!(tr*%e!t ee$*te# 3+ o,!er.? B1ery person who purchases% at a sale for arrears of land
re1enue% or any other public demand% any land on which is situated a monument in respect of
which any instrument has been e,ecuted by the owner for the time bein# under section ' or
$ection >% and e1ery person claimin# any title to a monument from% throu#h or under% an owner
who e,ecuted any such instrument% shall be bound by such instrument)
?12. A$6*i(itio! o' 4rote$te# %o!*%e!t(.? If the /entral 0o1ernment apprehends that a
protected monument is in dan#er of bein# destroyed% in7ured% misued% or allowed to fall into
decay% it may ac4uire the protected monument under the pro1isions of the Cand !c4uisition !ct%
1(&@ (1 of 1(&@) as if the maintenance of the protected monument were a public purpose within
the meanin# of that !ct)
?10. M"i!te!"!$e o' $ert"i! 4rote$te# %o!*%e!t(.< (1) he central 0o1ernment shall
maintain e1ery monument which has been ac4uired under $ection 1. or in respect of which any
of the ri#hts mentioned in $ection ' ha1e been ac4uired)
?(+) ?hen the 9irector60eneral has assumed the #uardianship of a monument under $ection '%
he shall% for the purpose of maintainin# such monument% ha1e acces to the monument at all
reasonable times% by himself and by his a#ents% subordinates and wor5men% for the purpose of
inspectin# the monument and for the purpose of brin#in# such materials and doin# such acts as
he may consider necessary or desirable for the maintenance thereof)
?15. =ol*!t"r+ $o!tri3*tio!.? he 9irector60eneral may recei1e 1oluntary contributions towards
the cost of maintainin# a protected monument and may #i1e orders as to the mana#ement and
application of any funds so recei1ed by him:
?Pro1ided that no contribution recei1ed under this section shall be applied to any purpose other
than the purpose for which it was contributed)
?18. Prote$tio! o' 4l"$e o' ,or(hi4 'ro% %i(*(e, 4oll*tio! or #e(e$r"tio!.? (1) ! protected
monument maintained by the /entral 0o1ernment under this !ct which is a place of wor5ship or
shrine shall not be used for any purpose inconsistent with its character)
?(+) ?here the /entral 0o1ernment has ac4uired a protected monument under $ection 1.% or
where the 9irector60eneral has purchased% or ta5en lease or accepted a #ift or be4uest or
assumed #uardianship of% a protected monument under $ection '% and such monument or any
part thereof is used for reli#ious worship or obser1ances by any community% the /ollector shall
ma5e due pro1ision for the protection of such monument or part thereof% from pollution or
desecration?
?(a) by prohibitin# the entry therein% e,cept in accordance with the conditions prescribed with the
concurrence of the persons% if any% in reli#ious char#e of the said monument or part thereof% of
any person not entitled so to enter by the reli#ious usa#es of the community by which the
monument or part thereof is used% or
?(b) by ta5in# such other action as he may thin5 necessary in this behalf)
?19. Reli!6*i(h%e!t o' Go5er!%e!t ri7ht( i! " %o!*%e!t.? ?ith the $anction of the /entral
0o1ernment% the 9irector60eneral may%?
?(a) where ri#hts ha1e been ac4uired by the 9irector60eneral in respect of any monument under
this !ct by 1irtue of any sale% lease% #ift or will% relin4uish% by notification in the 2fficial 0a3ette%
the ri#hts so ac4uired to the person who would for the time bein# be the owner of the monument
if such ri#hts had not been ac4uired8 or
?(b) relin4uish any #uardianship of a monument which he has assumed under this !ct)
?18. Ri7ht o' "$$e(( to 4rote$te# %o!*%e!t(.? $ub7ect to nay rules made under this !ct% the
public shall ha1e a ri#ht of access to any protected monument)
?PROTECTED AREAS
?19. Re(tri$tio!( o! e!>o+%e!t o' 4ro4ert+ ri7ht( i! 4rote$te# "re"(.? (1) No person%
includin# the owner or occupier of a protected area% shall construct any buildin# within the
protected area% or carry on minin#% 4uarryin#% e,ca1atin#% blastin# or any operation of a li5e
nature in such area% or utili3e such area or any part thereof in any other manner without the
permission of the /entral 0o1ernment)
?Pro1ided that nothin# in this sub6section shall be deemed to prohibit the use of any such area or
part thereof for purposes of culti1ation if such culti1ation does not in1ol1e the di##in# of not more
than one foot of soil from the surface)
?(+) he /entral 0o1ernment may% by order% direct that any buildin# constructed by any person
within a protected area in contra1ention of the pro1isions of sub6section (1) shall be remo1ed
within a specified period and% if the person refuses or fails to comply with the order% the /ollector
may cause the buildin# to be remo1ed and the person shall be liable to pay the cost of such
remo1al)
?&:. Po,er to "$6*ire " 4rote$te# "re".? If the /entral 0o1ernment is of opinion that any
protected area contains an ancient monument or anti4uities of national interest and 1alue% it may
ac4uire such area under the pro1isions of the Cand !c4uisition !ct% 1&(@ (1 of 1(&@)% as if the
ac4uisition were for a public purpose within the meanin# of that !ct)
?ARCHAEOLOGICAL E?CA=ATIONS
?&1. E$"5"tio!( i! 4rote$te# "re"(.? !n archaeolo#ical officer or an officer authori3ed by him
in this behalf or any person holdin# a licence #ranted in this behalf under this !ct (hereinafter
referred to as the licensee) may% after #i1in# notice in writin# to the /ollector and the owner%
enter% upon and ma5e e,ca1ations in any protected area)
?&&. E$"5"tio!( i! "re"( other th"! 4rote$te# "re"(.? ?here an archaeolo#i1cal officer has
reason to belie1e that any area not bein# a protected area contains ruins or relics of historical or
archaeolo#ical importance% he or an officer authori3ed by him in this behalf may% after #i1in#
notice in writin# to the /ollector and the owner% enter upon and ma5e e,ca1ations in the area)
?&2. Co%4*l(or+ 4*r$h"(e o' "!ti6*itie(, et$., #i($o5ere# #*ri!7 e$"5"tio! o4er"tio!(.?
(1) ?here% as a result of any e,ca1ations made in any area under $ection +1 or $ection ++% any
anti4uities are disco1ered% the archaeolo#ical officer or the licensee% as the case may be% shall%?
?(a) as soon as practicable% e,amine such anti4uities and submit a report to the /entral
0o1ernment in such manner and containin# such particulars as may be prescribed8
?(b) at the conclusion of the e,ca1ations% #i1e notice in writin# to the owner of the land from
which such anti4uities ha1e been disco1ered% of the nature of such anti4uities)
?(+) Dntil an order for the
iii
[3] *compulsory ac4uisition- of any such anti4uities is made under sub6
section (.)% the archaeolo#ical officer or the licensee% as the case may be% shall 5eep them in
such safe custody as he may deem fit)
?(.) 2n receipt of a report under sub6section (1)% the /entral 0o1ernment may ma5e an order for
the
iv
[4] *compulsory ac4uisition of any such anti4uities-)
?(@) ?hen an order for the
v
[5] *compulsory ac4uisition- of any anti4uities is made under sub6
section (.)% such anti4uities shall rest in the /entral 0o1ernment with effect from the date of the
order)
?&0. E$"5"tio!, et$., 'or "r$h"eolo7i$"l 4*r4o(e(.? No $tate 0o1ernment shall underta5e or
authorise any person to underta5e any e,ca1ation or other li5e operation for archaeolo#ical
purposes in any area which is not a protected area e,cept with the pre1ious appro1al of the
/entral 0o1ernment and in accordance with the such rules% or directions% if any% as the /entral
0o1ernment may ma5e or #i1e in this behalf)
?PROTECTION O1 ANTI@UITIES
?&5. Po,er o' Ce!tr"l Go5er!%e!t to $o!trol %o5i!7 o' "!ti6*itie(.? (1) If the /entral
0o1ernment considers that any anti4uities or class of anti4uities ou#ht not to be mo1ed from the
place where they are without? the sanction of the /entral 0o1ernment% the /entral 0o1ernment
may% by notification in the 2fficial 0a3ette% direct that any such anti4uity or any class of such
anti4uities shall not be mo1ed e,cept with the written permission of the 9irector60eneral)
?(+) B1ery application for permission under sub6section (1) shall be in such form and contain
such particulars as may be prescribed)
?(.) !ny person a##rie1ed by an order refusin# permission may appeal to the /entral
0o1ernment whose decision shall be final)
?&8. P*r$h"(e o' "!ti6*itie( 3+ Ce!tr"l Go5er!%e!t.? (1) If the /entral 0o1ernment
apprehends that any anti4uity mentioned in a notification issued under sub6section (1) of $ection
+' is in dan#er of bein# destroyed% remo1ed% inured% misused or allowed to fall into decay or is of
opinion that% by reason of its historical or archaeolo#ical importance% it is desirable to preser1e
such anti4uity in a public place% the /entral 0o1ernment may ma5e an order for the
vi
[6]
*compulsory ac4uisition of such anti4uity- and the /ollector shall thereupon #i1e notice to the
owner of the anti4uity
vii
[7] *to be ac4uired-)
?(+) ?here a notice of
viii
[8] *compulsory ac4uisition- is issued under sub6section (1) in respect of
any anti4uity% such anti4uity shall 1est in the /entral 0o1ernment with effect from the date of the
notice)
?(.) he power
ix
[9] *compulsory ac4uisition- #i1en by this section shall not e,tend to any ima#e or
symbol actually used for bona fide reli#ious obser1ances)
?&9. Co%4e!("tio! 'or lo(( or #"%"7e.? !ny owner or occupier of land who has sustained any
loss or dama#e or any diminution of profits from the land by reason of any entry on% or
e,ca1ations in% such land or the e,ercise of any other power conferred by this !ct shall be paid
compensation by the /entral 0o1ernment for such loss% dama#e or diminution of profits)
?&8. A((e((%e!t o' %"r;et 5"l*e or $o%4e!("tio!.? (1) he mar5et 1alue of any property
which the /entral 0o1ernment is empowered to purchase at such 1alue under this!ct or the
compensation to be paid by the /entral 0o1ernment in respect of anythin# done under this !ct
shall% where any dispute arises in respect of such mar5et 1alue or compensation% be ascertained
in the manner pro1ided in $ection .% '% ( to .@% @' to @=% '1 and '+ of the Cand !c4uisition !ct%
1(&@ (1 of1(&@)% so far as they can be made applicable:
?Pro1ided that when ma5in# an en4uiry under the said Cand !c4uisition !ct% the /ollector shall
be assisted by two assessor% one of whom shall be a competent person nominated by the /entral
0o1ernment and one person nominated by the owner% or in case the owner fails to nominate an
assessor within such reasonable time as may be fi,ed by the /ollector in this behalf% by the
/ollector)
?
x
[10] *(+) Eor e1ery anti4uity in respect of which an order for compulsory ac4uisition has been
made under sub6section (.) of $ection +. or under sub6section (1) of $ection +>% there shall be
paid compensation and the pro1isions of $ection +F and ++ of the !nti4uities and !rt reasures
!ct% 1&=+ ('+ of 1&=+) shall% so far as may be% apply in relation to the determination and payment
of compensation for any anti4uity or art treasure compulsorily ac4uired under $ection 1& of that
!ct)-
?&9. Dele7"tio! o' 4o,er(.? he /entral 0o1ernment may% by notification in the 2fficial
0a3ette% direct that any powers conferred on it by or under this !ct shall% sub7ect to such
conditions as may be specified in the direction% be e,ercisable also by?
?(a) such officer or authority subordinate to the /entral 0o1ernment% or
?(b) such $tate 0o1ernment or such officer or authority subordinate to the $tate 0o1ernment%
as may be specified in the direction)
?2:. Pe!"ltie(.? (1) ?hoe1er?
?(i) destroys% remo1es% in7ures% alters% defaces% imperils or misuse a protected monument% or
?(ii) bein# the owner or occupier of a protected monument% contra1enes an order made under
sub6section (1) of $ection & or under sub6section (1) of $ection 1F% or
?(iii) remo1es from a protected monument any sculpture% car1in#% ima#e% bas relief% inscription% or
other li5e ob7ect% or
?(i1) does any act in contra1ention of sub6section (1) of $ection 1&
shall be punishable with imprisonment which may e,tend to three month% or with fine which may
e,tend to fi1e thousand rupees% or with both)
?(+) !ny person who mo1es any anti4uity in contra1ention of a notification issued under sub6
section (1) if $ection +' shall be punishable with fine which may e,tend to fi1e thousand rupees8
and the court con1ictin# a person any such contra1ention may by order direct such person to
restore the anti4uity to the place from which it was mo1ed)
?21. -*ri(#i$tio! to tr+ o''e!$e(.? No court inferior to that of a presidency ma#istrate or a
ma#istrate of the first class shall try any offence under this !ct)
?2&. Cert"i! o''e!$e( to 3e $o7!iA"3le.? Notwithstandin# anythin# contained in
xi
[11] )the /ode
of /riminal Procedure% 1(&( (' of 1(&()/ an offence under clause (i) or clause (iii) of sub6section
(1) of $ection .F% shall be deemed to be a co#ni3able offence within the meanin# of that /ode)
?22. S4e$i"l 4ro5i(io! re7"r#i!7 'i!e.? Notwithstandin# anythin# contained in
xii
[12] )$ection .+
of the /ode of /riminal Procedure% 1(&( (' of 1(&()/? it shall be lawful for any ma#istrate of the
first class specially empowered by the $tate 0o1ernment in this behalf and for any presidency
ma#istrate to pass a sentence of fine e,ceedin# two thousand rupees on any person con1icted of
an offence which under this !ct is punishable with fine e,ceedin# two thousand rupees)
?20. Re$o5er+ o' "%o*!t( #*e to the Go5er!%e!t.? !ny amount due to the 0o1ernment from
any person under this !ct may% on a /ertificate issued by the 9irector60eneral or an
archaeolo#ical officer authori3ed by him in this behalf be reco1ered in the same manner as an
arrear of land re1enue)
?25. A!$ie!t %o!*%e!t(, et$., ,hi$h h"5e $e"(e# to 3e o' !"tio!"l i%4ort"!$e.? If the
/entral 0o1ernment is of opinion that any ancient and historical monument or archaeolo#ical site
and remains declared to be of national importance by or under this !ct has ceased to be of
national importance% it may% by notification in the 2fficial 0a3ette% declare that the ancient and
historical monument or archaeolo#ical site and remains% as the case may be% has ceased to be of
national importance for the purposes of this !ct)
?28. Po,er to $orre$t %i(t";e(, et$.? !ny clerical mista5e% patent error or error arisin# from
accidental slip or omission in the description of any ancient monument or archaeolo#ical site and
remains declared to be of national importance by or under this !ct may% at any time% be corrected
by the /entral 0o1ernment by notification in the 2fficial 0a3ette)
?29. Prote$tio! o' "$tio! t";e! *!#er the "$t.? No suit for compensation and no criminal
proceedin# shall lie a#ainst any public ser1ant in respect of any act done or in #ood faith intended
to be done in the e,ercise of any power conferred by this !ct)
?28. Po,er to %";e r*le(.? (1) he /entral 0o1ernment may% by notification in the 2fficial
0a3ette and sub7ect to the condition of pre1ious publication% ma5e rules for carryin# out the
purposes of this !ct)
?(+) In particular% and without pre7udice to the #enerality of the for#oin# power% such rules may
pro1ide for all or any of the followin# matters% namely:
?(a) the prohibition or re#ulation by licensin# or otherwise of minin#% 4uarryin#% e,ca1atin#%
blastin# or any operation of a li5e nature near a protected monument or the construction of
buildin#s on land ad7oinin# such monument and theremo1al of unauthori3ed buildin#s8
?(b) the #rant of licences and permissions to ma5e e,ca1ations for archaeolo#ical purposes in
protected areas% the authorities by whom% and the restrictions and conditions sub7ect to which%
such licences may be #ranted% the ta5in# of securities from licensees and the fees that may be
char#ed for such licences8
?(c) the ri#ht of access of the public to a protected monument and the fee% if any% to be char#ed
therefore8
?(d) the form and contents of the report of an archaeolo#ical officer or a licensee under clause (a)
of sub6section (1) of $ection +.8
?(e) the form in which applications for permission under $ection 1& or $ection +' may be made
and the particulars which they should contain8
?(f) the form and manner of preferrin# appeals under this !ct and the time within which they may
be preferred8
?(#) the manner of ser1ice of any order or notice under this !ct8
?(h) the manner in which e,ca1ations and other li5e operations for archaeolo#ical purposes may
be carried on8
?(i) any other matter which is to be or may be prescribed)
?(.) !ny rule made under this section may pro1ide that a breach thereof shall be punishable%?
?(i) in the case of a rule made with reference to clause (a) of sub6section (+)% with imprisonment
which may e,tend to three months% or with fine which may e,tend to fi1e thousand rupees% or with
both8
?(ii) in the case of a rule made with reference to clause (b) of sub6section (+)% with fine which may
e,tend to fi1e thousand rupees8
?(iii) in the case of a rule made with reference to clause (c) of sub6section (+)% with fine which may
e,tend to fi1e hundred rupees)
?(@) !ll rules made under this section shall be laid for not less than thirty days before each <ouse
of Parliament as soon as possible after they are made% and shall be sub7ect to such modifications
as Parliament may ma5e durin# the session in which they are so laid or the session immediately
followin#)
?29. Re4e"l( "!# ("5i!7(? (1) he !ncient and <istorical "onuments and !rchaeolo#ical $ites
and Remains (9eclaration of National Importance) !ct% 1&'1 (=1 of 1&'1)% and $ection 1+> of the
$tate Reor#anisation? !ct% 1&'> (.= of 1&'>) are hereby repealed)
?(+) he !ncient "onuments Preser1ation !ct% 1&F@ (= of 1&F@)% shall cease to ha1e effect in
relation to ancient and historical monuments and archaeolo#ical e,cept as respects thin#s done
or omitted to be done before the commencement of this !ct)
i[1] Subs. by Act No. 52 of 1972, (w.e.f. 9.9.1972)
ii[2] Ins. by Act No. 52? of 1972, (w.e.f. 9.9.1972)
iii[3] Subs. by Act No. 52 of 1972, (w.e.f. 9.9.1972)
iv[] Subs. by Act No. 52 of 1972, (w.e.f. 9.9.1972)
v[5] Subs. by Act No. 52 of 1972, (w.e.f. 9.9.1972)
vi[!] Subs. by Act No. 52 of 1972, (w.e.f. 9.9.1972)
vii[7] Subs. by Act No. 52 of 1972, (w.e.f. 9.9.1972)
viii["] Subs. by Act No. 52 of 1972, (w.e.f. 9.9.1972)
i#[9] Subs. by Act No. 52 of 1972, (w.e.f. 9.9.1972)
#[1$] Subs. by Act No. 52 of 1972, (w.e.f. 9.9.1972)
#i[11] See now t%e &o'e of &(i)in*+ ,(oce'u(e, 1973 (2 of 197)
#ii[12] See now &o'e of &(i)in*+ ,(oce'u(e, 1973 (2 of 197)