Madras Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1966
No: 25 Dated: Feb, 11 1967
The Madras Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1966
Act 25 of 1966
An Act to provide for the preservation of ancient and historical monuments and archaeological sites and remains other than those of national importance, for the regulation of archaeological excavations and for the protection of sculptures, carvings and other like objects.
BE it enacted by the Legislature of the State of Madras in the Seventeenth Year of the Republic of India as follows:
PRELIMINARY
1.Short title, extent and commencement:- (1) This Act may be called the Madras Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1966.
(2) It extends to the whole of the State of Madras. 2. It shall come into force on such date as the Government may, by notification, 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,
(iv) the gardens, if any, appurtenant to an ancient monument, and
(v) the means of access to, and convenient inspection of, an ancient monument, but does not include any ancient or historical monument declared by or under law made by Parliament to be of national importance;
(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 Government, by notification, 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 any officer appointed by the Government, by notification, to be an archaeological officer for the purposes of this Act for such area as may be specified in the notification;
(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, but does not include any archaeological site or remains declared by or under law made by Parliament to be of national importance;
(e) "Director" means the Director of Archeology and includes any officer authorised by the Government, by notification, to exercise the powers conferred on, and discharge the duties imposed upon, the Director under this Act;
(f) "Government" means the State Government;
(g) "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;
(h) "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;
(i) "protected area" means any archaeological site and remains which is declared to be a protected area under this Act;
(j) "protected monument" means any ancient monument which is declared to be a protected monument under this Act.
Protection of Ancient Monuments and Archaeological Sites and Remains
3. Powers of Government to declare ancient monuments, etc. to be protected monuments and areas. - (1) Where the Government are of opinion that any ancient monument or archaeological site and remains requires protection under this Act they may, by notification, give two months' notice of their intention to declare such ancient monument or archaeological site and remains to be a protected monument or a protected area, as the case may be, and a copy of every such notification shall be affixed in a conspicuous place near the monument or the 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, as the case may be, to be a protected monument or a protected area.
(3) On the expiry of the said period of two months, the Government may, after considering the objections, if any, received by them, declare by notification, the ancient monument or the archaeological site and remains, as the case may be, to be a protected monument or a protected area.
(4) A notification issued 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 a protected monument or a protected area for the purposes of this Act.