Assam Ancient Monuments and Records Act, 1959
No: 25 Dated: Oct, 07 1959
THE ASSAM ANCIENT MONUMENTS AND RECORDS ACT, 1959
ASSAM ACT No. XXV OF 1959
An Act to provide for the preservation and protection of ancient and historical monuments and records in Assam other than those declared by or under law made by Parliament to be of national importance
Preamble. - Whereas it is expedient to provide for the preservation and protection of ancient and historical monuments and records in Assam other than those declared by or under law made by Parliament to be of national importance and certain other matters connected therewith:
It is hereby enacted in the Tenth Year of the Republic of India as follows:
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Assam Ancient Monuments and Records Act,1959.
(2) It extends to the whole of Assam.
(3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint.
2. Definitions. - In this Act unless there is anything repugnant in the subject or context-
(a) "ancient monument" means any structure, erection or monument or any tumulus or place of internment, 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 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 any ancient monument;
(b) "land" includes a revenue free estate and a permanent transferable tenure whether such an estate tenure be subject to incumbrances or not;
(c) "maintain", with its grammatical variations and cognate expressions includes the fencing, covering in, repairing, restoring and cleaning 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.
(d) "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 management or trustee exercising powers of management and the successor-in-office of any such manager or trustee;
(e) "Presiding" means prescribed by rules made under this Act;
(f) "Superintendent" means the Superintendent of Archaeology and includes any officer authorised by the State Government to perform the duties of the Superintendent.
Protected Monuments
3. Protected monuments. - (1) The State Government may, by notification in the official Gazette, declare an ancient monument to be a protected monument within the meaning of this Act.
(2) A copy of every notification published under sub-section (1) shall be fixed up in a conspicuous place on or near the monument, together with an intimation that any objections to the issue of the notification received by the State Government within one month from the date when it is so fixed up will be taken into consideration.
(3) On the expiry of the said period of one month the State Government after considering the objection, if any, shall confirm or withdraw the notification.
(4) A notification published under this Act shall, unless and until it is withdrawn, be conclusive evidence of the fact that the monument to which it is related is an ancient monument within the meaning of this Act.
4. Acquisition of right in or guardianship of an ancient monument. - (1) The Superintendent, with the sanction of the State Government, may purchase, or take a lease of, or accept a gift or bequest of, any protected monument.
(2) When a protected monument is without an owner, the Superintendent 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 Superintendent the guardian of the monument, and the Superintendent may, with the sanction of the State Government, accept such guardianship.
(4) When the Superintendent 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 Superintendent had not been constituted guardian thereof.
(5) When the Superintendent has accepted the guardianship of a monument under sub-section (3) the provisions of this Act relating to agreements executed under Section 5, shall apply to the written instruments executed under the said sub-section.