ANCIENT MONUMENTS PRESERVATION ACT, 1904
(1) This Act may be called the Ancient Monuments Preservation Act, 1904.
1[(2) It extends to the whole of India.2 [except the State of Jammu and Kashmir.]
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1. Subs. by the A.O. 1950, for sub-section (2) (w.e.f. 26-1-1950).
2. Subs. by the Act 3 of 1951, sec. 3 and Sch., for “except Part B States” (w.e.f. 1-14-1951).
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In this Act, unless there is anything repugnant in the subject or context,—
(1) “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, or any remains thereof, and includes—
(a) the site of an ancient monument;
(b) such portion of land adjoining the site of an ancient monument as may required for fencing or covering in or otherwise preserving such monument; and
(c) the means of access to and convenient inspection of an ancient monument;
(2) “antiquities” include any movable objects which the 1[Central Government], by reason of their hist
(1) The 1[Central Government] may, by notification in the 2[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 1[Central 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, 1[Central Government], after considering the objections, if any, shall confirm or withdraw the notification.
(4) A notification published under this section shall, unless and until it is withdrawn, be conclusive evidence of the fact that the monumen
(1) The Collector, with the sanction of the 1[Central Government], may purchase or take a lease of any protected monument.
(2) The Collector, with the like sanction, may accept a gift or bequest of any protected monument.
(3) The owner of any protected monument may, by written instrument, constitute the Commissioner the guardian of the monument, and the Commissioner may, with the sanction of the 1[Central Government], accept such guardianship.
(4) When the Commissioner 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 Commissioner had not been constituted guardian thereof.
(5) When the Commissio
(1) The Collector may, with the previous sanction of 1[the Central Government], propose to the owner to enter into an agreement with 2[the Central Government] for the preservation of any protected monument in his district.
(2) An agreement under this section may provide for the following matters, or for such of them as it may be found expedient to include in the agreement:—
(a) the maintenance of the monument;
(b) the custody of the monument and the duties of any person who may be employed to watch it;
(c) the restriction of the owner’s right to destroy, remove, alter or deface the monument or to build on or near the site of the monument;
(d) the facilities of access to be permitted to the public
(1) If the owner is unable, by reason of infancy or other disability, to act for himself, the person legally competent to act on his behalf may exercise the powers conferred upon an owner by section 5.
(2) In the case of village property, the headman or other village-officer exercising powers of management over such property may exercise the powers conferred upon an owner by section 5.
(3) Nothing in this section shall be deemed to empower any person not being of the same religion as the persons on whose behalf he is acting to make or execute an agreement relating to a protected monument which or any part of which is periodically used for the religious worship or observances of that religion.
(1) If the Collector apprehends that the owner or occupier of a monument intends to destroy, remove, alter, deface, or imperil the monument or to build on or near the site thereof in contravention of the terms of an agreement for its preservation under section 5, the Collector may make an order prohibiting any such contravention of the agreement.
(2) If an owner or other person who is bound by an agreement for the preservation or maintenance of a monument under section 5 refuses to do any act which is in the opinion of the Collector necessary to such preservation or maintenance, or neglects to do any such act within such reasonable time as may be fixed by the Collector, the Collector may authorise any person to do any such act, and the expenses of doing any such act or such portion of the expense as the owner may be liable to pay under the agreement may be recovered from the owner
Every person who purchases, at a sale for arrears of land-revenue or on any other public demand, or at a sale made under the Bengal Patni Taluks Regulation, 1819 (Ben. Reg. VIII of 1819), an estate or tenure in which is situated a monument in respect of which any instrument has been executed by the owner for the time being, under section 4 or section 5, and every person claiming any title to a monument from, through or under an owner who executed any such instrument, shall be bound by such instrument.
(1) If any owner or other person competent to enter into an agreement under section 5 for the preservation of a protected monument, refuses or fails to enter into such an agreement when proposed to him by the Collector, and if any endowment has been created for the purpose of keeping such monument in repair, or for that purpose among others, the Collector may institute a suit in the Court of the District Judge, or if the estimated cost of repairing the monument does not exceed one thousand rupees, may make an application to the District Judge for the proper application of such endowment or part thereof.
(2) On the hearing of an application under sub-section (1), the District Judge may summon and examine the owner and any person whose evidence appears to him necessary, and may pass an order for the proper application of the endowment or of any part thereof, and any such order may be
(1) If the 1[Central Government] apprehends that a protected monument is in danger of being destroyed, injured or allowed to fall into decay, 2[the Central Government may direct the State Government to acquire it] under the provisions of the Land Acquisition Act, 1894 (1 of 1894), as if the preservation of a protected monument were a “public purpose” within the meaning of that Act.
(2) The powers of compulsory purchase conferred by sub-section (1) shall not be exercised in the case of—
(a) any monument which or any part of which is periodically used for religious observance; or
(b) any monument which is the subject of a subsisting agreement executed under section 5.
(3) In any case other than the cases referred to in sub-section (2) the said pow
(1) If the 2[Central Government] is of opinion that mining, quarrying, excavating, blasting and other operations of a like nature should be restricted or regulated for the purpose or protecting or preserving any ancient monument, the 2[Central Government] may, by notification in the 1[Official Gazette], make rules—
(a) fixing the boundaries of the area to which the rules are to apply;
(b) forbidding the carrying on of mining, quarrying, excavating, blasting or any operation of a like nature except in accordance with the rules and with the terms of a licence; and "
(c) prescribing the authority by which, and the terms on which licences may be granted to carry on any of the said operations.
(2) The power to make rules given by this section is su
(1) The Commissioner shall maintain every monument in respect of which the Government has acquired any of the rights mentioned in section 4 or which the Government has acquired under section 10.
(2) When the Commissioner has accepted the guardianship of a monument under section 4, he shall, for the purpose of maintaining such monument, have access to the monument at all reasonable times, by himself and by his agents subordinates and workmen, for the purpose of inspecting the monument, and for the purpose of bringing such materials and doing such acts as he may consider necessary or desirable for the maintenance thereof.
The Commissioner may receive voluntary contributions towards the cost of maintaining a protected monument and may give orders as to the management and application of any funds so received by him:
Provided that no contribution received under this section shall be applied to any purpose other than the purpose for which it was contributed.
(1) A place of worship of shrine maintained by the Government under this Act shall not be used for any purpose inconsistent with its character.
(2) Where the Collector has, under section 4, purchased or taken a lease of any protected monument, or has accepted a gift or bequest, or the Commissioner has, under the same section, accepted the guardianship thereof and such monument, or any part thereof, is periodically used for religious worship at observances by any community, the Collector shall make due provision for the protection of such monument, or such part thereof from pollution or desecration—
(a) by prohibiting the entry therein, except in accordance with conditions prescribed with the concurrence of the persons in religious charge of the said monument or part thereof, of any person not entitled so to enter by the religious usage
With the sanction of the 1[Central Government] the Commissioner may—
(a) where rights have been acquired by the 2[Central Government] in respect of any monument under this Act by virtue of any sale, lease, gift or will, relinquish the rights so acquired to the person who would for the time being be the owner of the monument if such right had not been acquired; or
(b) relinquishes any guardianship of a monument which he has accepted under this Act.
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1. Subs. by the A.O. 1937, for “Local Government”.
2. Subs. by the A.O. 1937, for “Government”.
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(1) Subject to such rules as may after previous publication be made by the 1[Central Government], the public shall have a right of access to any monument maintained by the 2[Central Government] under this Act.
(2) In making any rule under sub-section (1) the 1[Central Government] may provide that a breach of it shall be punishable with fine which may extend to twenty rupees.
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1. Subs. by the A.O. 1937, for “Local Government”.
2. Subs. by the A.O. 1937, for “Government”.
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Any person other than the owner who destroys, removes, injures, alters, defaces or imperils a protected monument, and any owner who destroys, removes, injures, alters, defaces or imperils a monument maintained by the 1[Central Government] under this Act or in respect of which an agreement has been executed under section 5, and any owner or occupier who contravenes an order made under section 7, sub-section (1), shall be punishable with fine which may extend to five thousand rupees, or with imprisonment which may extend, to three months, or with both.
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1. Subs. by the A.O. 1937, for “Government”.
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(1) If the 1[Central Government] apprehends that antiquities are being sold or removed to the detriment of India or of any neighbouring country, 2[it] may, by notification in the 3[Official Gazette], prohibit or restrict the bringing or taking by sea or by land of any antiquities or class or antiquities described in the notification into or out of 4[the territories to which this Act extends] or any specified part of 5[the said territories.]
(2) Any person who brings or takes or attempts to bring or take any such antiquities into or out of 5[the said territories] or any part of 5[the said territories] in contravention of a notification issued under sub-section (1), shall be punishable with fine which may extend to five hundred rupees.
(3) Antiquities in respect of which an offence referred to in sub-section (2) has been committed shall be
(1) If the 1[Central Government] considers that any sculptures, carvings, images, bas-reliefs, inscriptions or other like objects ought not to be moved from the place where they are without the sanction of the 2[Central Government], the 2[Central Government] may be notifications in the 3[Official Gazette], direct that any such object or any class of such objects shall not be moved unless with the written permission of the Collector.
(2) A person applying for the permission mentioned in sub-section (1) shall specify the object or objects which he proposes to move, and shall furnish, in regard to such object or objects, any information which the Collector may require.
(3) If the Collector refuses to grant such permission, the applicant may appeal to the Commissioner, whose decision shall be final.
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(1) If the 1[Central Government] apprehends that any object mentioned in a notification issued under section 18, sub-section (1), is in danger of being destroyed, removed, injured or allowed to fall into decay, 1[the Central Government] may pass orders for the compulsory purchase of such object at its market-value, and the Collector shall thereupon give notice to the owner of the object to be purchased.
(2) The power of compulsory purchase given by this section shall not extend to—
(a) any image or symbol actually used for the purpose of any religious observance; or
(b) anything which the owner desires to retain on any reasonable ground personal to himself or to any of his ancestors or to any member of his family.
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(1) If the 1[Central Government] 2[***] is of opinion that excavation for archaeological purposes in any area should be restricted and regulated in the interests of archaeological research, the 1[Central Government] may, by notification in the Official Gazette specifying the boundaries of the area, declare it to be a protected area.
(2) From the date of such notification all antiquities buried in the protected area shall be the property of 3[the Government] and shall be deemed to be in the possession of 3[the Government], and shall remain the property and in the possession of 3[the Government] until ownership thereof is transferred; but in all other respects the rights of any owner or occupier of land in such area shall not be affected.
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If the 1[Central Government] is of opinion that a protected area contains an ancient monument or antiquities of national interest and value, it may direct the 2[State Government] to acquire such area, or any part thereof, and the 2[State Government] may thereupon acquire such area or part under the Land Acquisition Act, 1894 (1 of 1894), as for a public purpose.]
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1. Subs. by the A.O. 1937.
2. Subs. by the A.O. 1937, for “Provincial Government.”
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(1) The 1[Central Government] may make Rules—
(a) prescribing the authorities by whom licences to excavate for archaeological purposes in a protected area may be granted;
(b) regulating the conditions on which such licences may be granted, the form of such licences, and the taking of security from licensees;
(c) prescribing the manner in which antiquities found by a licensee shall be divided between the 1[Central Government] and the licensee; and
(d) generally to carry out the purposes of section 20.
(2) The power to make rules given by this section is subject to the condition of the rules being made after previous publication.
(3) Such rules may be ge
(1) Any officer of the Archaeological Department or any person holding a licence under section 20B may, with the written permission of the Collector, enter upon and make excavations in any protected area.
(2) Where, in the exercise of the power conferred by sub-section (1), the rights of any person are infringed by the occupation or disturbance of the surface of any land, 2[the Central Government] shall pay to the person compensation for the infringement.
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1. Subs. by A.O. 1937.
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(1) The market-value of any property which Government is empowered to purchase at such value under this Act, or the 1[***] compensation to be paid by Government in respect of anything done under this Act, shall, where any dispute arises 2[in respect] of such market-value or compensation, be ascertained in the manner provided by the Land Acquisition Act, 1894 (1 of 1894), sections 3, 8 to 34, 45 to 47, 51 and 52 so far as they can be made applicable:
Provided that when making an inquiry under the said Land Acquisition Act, 1894 (1 of 1894), the Collector shall be assisted by two assessors, one of who, shall be a competent person nominated by the Collector, and one 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.
A Magistrate of the third class shall not have jurisdiction to try any person charged with an offence against this Act.
(1) The 1[Central Government] 2[***] may make rules for carrying out any of the purposes of this Act.
(2) The power to make rules given by this section is subject to the condition of the rules being made after previous publication.
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1. Subs. by the A.O. 1937.
2. The words “or the Local Government” omitted by the A.O. 1937.
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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.
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