Act No. 01 of 1979
25th January, 1979
An Act to provide for the preservation of ancient monuments and archaeological sites and remains other than those declared by or under any law made by Parliament to be of national importance, for the regulation of archaeological excavations and for the protection of sculptures, carving and other like objects which are antiquities. Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the Twenty-ninth Year of the Republic of India as follows:-
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(1) This Act may be called the Goa 1[] Ancient Monuments and Archaeological Sites and Remains Act, 1978.
(2) It extends to the whole of the Union territory of Goa, Daman and Diu.
(3) It shall come into force on such date as the Government may, by notification, appoint.
The Act came into force w.e.f. 1-2-1980 vide Notification No. 9-4-79-WET dated 1-2-1980 published in Official Gazette, Series I No. 45 dated 7-2-1980.
1. Omitted by Goa Laws (Amendment) Act, 2021, for the followings:- , Daman and Diu
In this Act, unless the context otherwise requires,-
(1) Where the Government is of opinion that any ancient monument or archaeological site and remains, which has not been declared by or under law made by Parliament to be of national importance, requires protection under this Act, it may, by notification, give two months notice of its intention to declare such ancient monument or archaeological site and remains to be protected monument or a protected area, as the case may be, and a copy of every such notification shall be affixed in a conspicious place near the monument or the site and remains, as the case may be.
(2) Any person interested in any such ancient and historical monument or archaeological site and remains may, within two months after the issue of the notification under sub-section (1), object to the declaration of the monument or the archaeological site and remains 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 obj
(1) The Director may, with the sanction of the Government, purchase or take a lease of, or accept a gift or bequest of, any protected monument.
(2) Where a protected monument is without an owner, the Director may, by notification, assume the guardianship thereof.
(3) The owner of any protected monument may, by written instrument, constitute the Director the guardian of the monument, and the Director may, with the sanction of the Government, accept such guardianship.
(4) When the Director 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 Director had not been constituted a guardian thereof; and the provisions of this Act relating to agreements executed under section 5 shall apply to the written instrument executed under sub-section (3).
(5) Nothing in this section shall affect the use of any protected
(1) The Director, when so directed by the Government shall propose to the owner of a protected monument to enter into an agreement with the Government within a specified period for the maintenance of the monument.
(2) Any agreement made under this section may provide for all or any of the following matters, namely:-
(1) If the owner of a protected monument is unable, by reason of minority or other disability, to act for himself, the person legally competent to act on his behalf may exercise the powers conferred upon the owner by section 5.
(2) Where a protected monument is a village 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 same religion as the person 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 any owner or other person competent to enter into an agreement under section 5 for the maintenance of a protected monument refuses or fails to enter into such an agreement and if any endowment has been created for the purpose of keeping such monument in repair, the Government 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 any part thereof, and any such order may be executed as if it were a decree of a civil court.
(1) If any owner or other person competent to enter into an agreement under section 5 for the maintenance of a protected monument, refuses or fails to enter into such an agreement, the Government may make an order providing for all or any of the matters specified in sub-section (2) of section 5 and such order shall be binding on the owner or such other person and on every person claiming title to the monument from, through or under, the owner or such other person.
(2) Where an order made under sub-section (1) provides that the monument shall be maintained by the owner or other person competent to enter into an agreement, all reasonable expenses for the maintenance of the monument shall be payable by the Government.
(3) No order under sub-section (1) shall be made unless the owner or other person has been given an opportunity of making a representation in writing against the proposed order.
(1) If the Director apprehends that the owner or occupier of a protected monument intends to destroy, remove, alter, deface, imperil or misuse the monument or to build on or near the site thereof in contravention of the terms of an agreement executed under section 5, the Director may, after giving the owner or occupier an opportunity of making a representation in writing, make an order prohibiting any such contravention of the agreement: Provided that no such opportunity may be given in any case where the Director, for reasons to be recorded, is satisfied that it is not expedient or practicable to do so.
(2) Any person aggrieved by an order made under sub-section (1) may appeal to the Government within such time and in such manner as may be prescribed and the decision of the Government shall be final.
(1) If an owner or other person who is bound to maintain a monument by an agreement executed under section 5 refuses or fails, within such reasonable time as the Director may fix, to do any act which in the opinion of the Director is necessary for the maintenance of the monument the Director may authorise any person to do any such act, and the owner or other person shall be liable to pay the expenses of doing any such act or such portion of the expenses as the owner may be liable to pay under the agreement.
(2) If any dispute arises regarding the amount of expenses payable by the owner or other person under sub-section (1), it shall be referred to the Government whose decision on such reference shall be final.
Every person who purchases at a sale for arrears of land revenue or any other public demand, any land on which is situated a monument in relation to the guardianship of which an instrument has been executed by the owner for the time being under sub-section (3) of section 4 or in relation to the maintenance of which any agreement has been entered into by such owner under section 5 and every person claiming any title to the monument from, through or under an owner who executed such instrument or entered into such agreement shall be bound by such instrument or agreement, as the case may be.
If the Government apprehends that a protected monument is in danger of being destroyed, injured, misused or allowed to fall into decay, it may acquire the protected monument under the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894), as if the maintenance of the protected monument were a public purpose within the meaning of that Act.
(1) The Government shall maintain every monument which has been acquired under section 12 or which has been purchased, taken on lease or accepted as a gift or bequest under sub-section (1) of section 4.
(2) When the Director has assumed 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 or by his agent, subordinates and workmen, for the purpose of inspecting the monument or for the purpose of bringing such materials and doing such acts as he may consider necessary or desirable for the maintenance thereof.
The Director may receive voluntary contribution towards the cost of maintaining a protected monument and may give such general or special directions as he considers necessary for the management and applications of the contributions 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 protected monument maintained by the Government under this Act which is a place of worship or shrine shall not be used for any purpose inconsistent with its character.
(2) Where the Government has acquired a protected monument under section 12 or where the Director has purchased or taken a lease or accepted a gift or bequest or assumed guardianship, of a protected monument under section 4, and, such monument or any part thereof is used for religious worship or observances by any community, the Director shall make due provisions for the protection of such a monument or part thereof from pollution or desecration,-
With the sanction of the Government, the Director may,-
Subject to any rules made under this Act, the public shall have a right of access to any protected monument.
Notwithstanding anything contained in this Act, the Government may, after being satisfied that any ancient monument needs restoration, authorize and/or permit to carry out such works as it deems fit for restoration of such ancient monument.
1. Inserted by Goa Ancient Monuments And Archaeological Sites And Remains (Amendment) Act, 2010, section 3.
The Government may authorize or permit adaptive re-use of ancient monument to the extent that its basic character, archaeological, historical and heritage value is not affected, so as to enable it or any other agency appointed by it, to defray maintenance cost of such monument through revenue earned from such use
1. Inserted by Goa Ancient Monuments And Archaeological Sites And Remains (Amendment) Act, 2010, section 3.
(1) No person, including the owner or occupier of a protected area, shall construct any building within the protected area or carry on any mining, quarrying, excavating, blasting or any operation of a like nature in such area or utilise such area or any part thereof in any other manner without the permission of the Government: Provided that nothing in this sub-section shall be deemed to prohibit the use of any such area or part thereof for purposes of cultivation if such cultivation does not involve the digging of not more than one foot of soil from the surface.
(2) The Government may, by order, direct that any building constructed by the person within a protected area in contravention of the provisions of sub-section (1) shall be removed within a specified period and if the person refuses or fails to comply with the order, the Director may cause the building to be removed and the person shall be liable to pay the cost of such removal.
If the Government is of opinion that any protected area contains any ancient monument or antiquity of any interest and value to the public, it may acquire such area under the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894), as if the acquisition were for a public purpose within the meaning of the Act.
Subject to the provisions of section 24 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (Central Act 24 of 1958) an archaeological officer or an officer authorised by him in this behalf or any person holding a licence granted in this behalf under this Act (hereinafter referred to as the licensee) may, after giving notice in writing to the Director and the owner, enter upon and make excavations in any protected area.
Subject to the provisions of section 22 and section 24 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (Central Act 24 of 1958), where an archaeological officer has reason to believe that any area, not being a protected area, contains ruins or relics of historical or archaeological importance he or an officer authorised by him in this behalf may, after giving notice in writing to the Director and the owner, enter upon and make excavations in the area.
(1) Where as a result of any excavations made in any area under section 20 or section 21 any antiquities are discovered, the archaeological officer or the licensee, as the case may be, shall,-
(2) Until an order for the compulsory acquisition of any such antiquities is made under sub-section (3), the archaeological officer, the officer authorised by him or the licensee, as the case may be, shall keep them in such safe custody as he may deem fit.
(3) On receipt of report under sub-section (1), the Government may make an order for the compulsory acquisition of any such antiquities at their market value
(1) Save as otherwise provided in this Chapter, no archaeological officer or authority shall undertake or authorise any person to undertake any excavation or other like operation for any archaeological purpose in any area which is not a protected area except with the previous approval of the Government and in accordance with such rules or directions, if any, as the Government may make or give in this behalf.
(2) The provisions of sub-section (1) shall be subject to the provisions of section 24 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (Central Act 24 of 1958).
The provisions of this Chapter shall not apply in the case of antiquities or class of antiquities in respect of which a notification has been issued by the Central Government under sub-section (1) of section 25 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (Central Act 24 of 1958).
(1) If the Government considers that any antiquities or class of antiquities ought not to be moved from the place where they are, without its sanction, the Government may by notification direct that any such antiquity or any class of such antiquities shall not be moved except with the written permission of the Director: Provided that no notification under this sub-section shall be made in respect of any antiquity for the compulsory acquisition of which an order has been made by the Central Government under sub-section (1) of section 19 of the Antiquities and Art Treasures Act, 1972 (Central Act 52 of 1972).
(2) Every application for permission under sub-section (1) shall be in such form and contain such particulars as may be prescribed.
(3) Any person aggrieved by an order refusing permission may appeal to the Government whose decision shall be final.
(1) If the Government apprehends that any antiquity mentioned in a notification issued under sub-section (1) of section 25 is in danger of being destroyed, removed, injured, misused or allowed to fall into decay or is of opinion that, by reason of its historical or archaeological importance, it is desirable to preserve such antiquity in a public place, the Government may make an order for the compulsory acquisition of such antiquity at its market value and the Director shall thereupon give notice to the owner of the antiquity to be acquired.
(2) Where a notice of compulsory acquisition is issued under sub-section (1) in respect of any antiquity, such antiquity shall vest in the Government with effect from the date of the notice.
(3) The power of compulsory acquisition given by this section shall not extend to any image or symbol actually used for bonafide religious observances.
Any owner or occupier of land who has sustained any loss or damage or any diminution of profits from the land by reason of any entry on, or excavation in, such land or the exercise of any other power conferred by this Act, shall be paid compensation by the Government for such loss, damage or diminution of profits.
(1) The market value of any property which the Government is empowered to acquire at such value under this Act, or the compensation to be paid by the Government in respect of anything done under this Act, shall, where any dispute arises in respect of such market value or compensation, be ascertained in the manner provided in sections 3, 5, 8 to 34, 45 to 47, 51 and 52 of the Land Acquisition Act, 1894 (Central Act 1 of 1894), so far as they can be made applicable: Provided that when making an enquiry under the said Land Acquisition Act, the Collector shall be assisted by two assessors, one of whom shall be a competent person nominated by the Government and one person nominated by the owner, or in case the owner fails to nominate an assessor within such time as may be fixed by the Collector in this behalf, by the Collector.
(2) Notwithstanding anything in sub-section (1) or in the Land Acquisition Act, 1894 (Central Act 1 of 1894), in determining the market value of any antiq
The Government may by notification direct that the powers conferred on it by or under this Act, shall, subject to such conditions as may be specified in the direction, be exercisable also by such officer or authority subordinate to the Government as may be specified in the direction.
(1) Whoever -
shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five thousand rupees, or with both.
(2) Any person who moves any antiquity in contravention of a notification issued under sub-section (1) of section 25 shall be punishable with fine which may extend to five thousand rupees, and the court convicting a person of such contravention may, by order, direct such person to restore the antiquity to the place from which it was
No Court inferior to that of a Judicial Magistrate of the First Class shall try any offence under this Act.
Notwithstanding anything in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), an offence under clause (i) or clause (iii) of sub-section (1) of section 30 shall be deemed to be a cognisable offence within the meaning of that Code.
(1) No prosecution for an offence punishable under this Act shall be instituted except by or with the previous sanction of the Government.
(2) No Court shall take cognizance of an offence punishable under this Act, except upon a complaint in writing made by an officer generally or specially authorized in this behalf by the Government.
1. Inserted by Goa Ancient Monuments And Archaeological Sites And Remains (Amendment) Act, 2010, section 5.
Any amount due to the Government from any person under this Act may, on a certificate by the Director or an archaeological officer authorised by him in this behalf, be recovered in the same manner as an arrear of land revenue.
If the Government is of opinion that it is no longer necessary to protect any ancient monument or archaeological site and remains under the provisions of this Act, it may by notification declare that the ancient monument or archaeological site and remains, as the case may be, has ceased to be a protected monument or a protected area for the purposes of this Act.
Any clerical mistake, patent error or error arising from accidental slip or omission in the description of any ancient monument or archaeological site and remains declared to be a protected monument or a protected area, by or under this Act, may, at any time, be corrected by the Government by notification.
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.
(1) The Government may, by notification and subject to the condition of previous publication, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(1) Nothing in this Act shall apply to any antiquity to which the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (Central Act 24 of 1958) and the Antiquities and Art Treasures Act, 1972 (Central Act 52 of 1972), apply.
(2) Where any ancient monument or any archaeological site and remains which is a protected monument or protected area, by or under the provisions of this Act, is declared at any time by or under any law made by Parliament to be of national importance, the provisions of this Act shall cease to apply to such monument or area; and accordingly, it shall cease to be a protected monument or protected area for the purposes of this Act.
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