Ancient Monuments and Archaeological Sites and Remains Act, 1958
No: 24 Dated: Aug, 28 1958
THE ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS ACT, 1958
ACT NO. 24 OF 1958
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:―
PRELIMINARY
1. Short title, extent and commencement.―(1) This Act may be called the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
(2) It extends to the whole of India.
(3) It shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint.
2. 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;
(da) “Authority” means the National Monuments Authority constituted under section 20F;
(db) “competent authority” means an officer not below the rank of Director of archaeology or Commissioner of archaeology of the Central or State Government or equivalent rank, specified, by notification in the Official Gazette, as the competent authority by the Central Government to perform functions under this Act:
Provided that the Central Government may, by notification in the Official Gazette, specify different competent authorities for the purpose of sections 20C, 20D and 20E;
(dc) “construction” means any erection of a structure or a building, including any addition or extension thereto either vertically or horizontally, but does not include any re-construction, repair and renovation of an existing structure or building, or, construction, maintenance and cleansing of drains and drainage works and of public latrines, urinals and similar conveniences, or, the construction and maintenance of works meant for providing supply of water for public, or, the construction or maintenance, extension, management for supply and distribution of electricity to the public or provision for similar facilities for public;
(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;
(ha) “prohibited area” means any area specified or declared to be a prohibited area under section 20A;
(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;
(k) “re-construction” means any erection of a structure or building to its pre-existing structure, having the same horizontal and vertical limits;
(l) “regulated area” means any area specified or declared under section 20B;
(m) “repair and renovation” means alterations to a pre-existing structure or building, but shall not include construction or re-construction.