The Ancient Monuments and Archaeological Sites and Remains Act, 1958
Administered Ministry: Ministry of Culture
Section
Section 22 Excavations in areas other than protected areas. 1 docs
Where an archaeological officer has reason to believe that any area not being a protected area contains ruins or relies of historical or archaeological importance, he or an officer authorised by him in this behalf may, after giving notice in writing to the Collector and the owner, enter upon and make excavations in the area.
Section 23 Compulsory purchase of antiquities, etc., discovered during excavation operations. 1 docs
(1) Where, as a result of any excavations made in any area under section 21 or section 22, any antiquities are discovered, the archaeological officer or the licensee, as the case may be, shall,--
(a) as soon as practicable, examine such antiquities and submit a report to the Central Government in such manner and containing such particulars as may be prescribed;
(b) at the conclusion of the excavation operations, give notice in writing to the owner of the land from which such antiquities have been discovered, of the nature of such antiquities.
(2) Until an order for the 1[compulsory acquisition] of any such antiquities is made under sub-section (3), the archaeological officer or the licensee, as the case may be, shall keep them in such safe custody as he may deem fit.
(3) On receipt of a report under sub-section (1), the Central Government may make an order for the 2[compulsory acquisition of any such antiquities].
(4) When an order for the 1[compulsory acquisition] of any antiquities is made under sub-section (3), such antiquities shall rest in the Central Government with effect from the date of the order.
(a) as soon as practicable, examine such antiquities and submit a report to the Central Government in such manner and containing such particulars as may be prescribed;
(b) at the conclusion of the excavation operations, give notice in writing to the owner of the land from which such antiquities have been discovered, of the nature of such antiquities.
(2) Until an order for the 1[compulsory acquisition] of any such antiquities is made under sub-section (3), the archaeological officer or the licensee, as the case may be, shall keep them in such safe custody as he may deem fit.
(3) On receipt of a report under sub-section (1), the Central Government may make an order for the 2[compulsory acquisition of any such antiquities].
(4) When an order for the 1[compulsory acquisition] of any antiquities is made under sub-section (3), such antiquities shall rest in the Central Government with effect from the date of the order.
1. Subs. by Act 52 of 1972, s. 33, for "compulsory purchase" (w.e.f. 5-4-1976).
2. Subs. by s. 33, ibid., for "compulsory purchase of any such antiquities at their market value" (w.e.f. 5-4-1976).
2. Subs. by s. 33, ibid., for "compulsory purchase of any such antiquities at their market value" (w.e.f. 5-4-1976).
Section 24 Excavations, etc., for archaeological purposes. 1 docs
No State Government shall undertake or authorise any person to undertake any excavation or other like operation for archaeological purposes in any area which is not a protected area except with the previous approval of the Central Government and in accordance with such rules or directions, if any, as the Central Government may make or give in this behalf.
Section 25 Power of Central Government to control moving of antiquities. 1 docs
(1) If the Central Government considers that any antiquities or class of antiquities ought not to be moved from the place where they are without the sanction of the Central Government, the Central Government may, by notification in the Official Gazette, direct that any such antiquity or any class of such antiquities shall not be moved except with the written permission of the Director-General.
(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 Central Government whose decision shall be final.
(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 Central Government whose decision shall be final.
Section 26 Purchase of antiquities by Central Government. 1 docs
(1) If the Central 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 Central Government may make an order for the 1[compulsory acquisition of such antiquity] and the Collector shall thereupon give notice to the owner of the antiquity 2[to be acquired].
(2) Where a notice of 3[compulsory acquisition] is issued under sub-section (1) in respect of any antiquity, such antiquity shall vest in the Central Government with effect from the date of the notice.
(3) The power of 3[compulsory acquisition] given by this section shall not extend to any image or symbol actually used for bona fide religious observances.
(2) Where a notice of 3[compulsory acquisition] is issued under sub-section (1) in respect of any antiquity, such antiquity shall vest in the Central Government with effect from the date of the notice.
(3) The power of 3[compulsory acquisition] given by this section shall not extend to any image or symbol actually used for bona fide religious observances.
1. Subs. by s. 33, ibid., for "compulsory purchase of such antiquity at its market value" (w.e.f. 5-4-1976).
2. Subs. by s. 33, ibid., for "to be purchased" (w.e.f. 5-4-1976).
3. Subs. by Act 52 of 1972, s. 33, for "compulsory purchase" (w.e.f. 5-4-1976).
2. Subs. by s. 33, ibid., for "to be purchased" (w.e.f. 5-4-1976).
3. Subs. by Act 52 of 1972, s. 33, for "compulsory purchase" (w.e.f. 5-4-1976).
Section 27 Compensation for loss or damage. 1 docs
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 excavations in, such land or the exercise of any other power conferred by this Act shall be paid compensation by the Central Government for such loss, damage or diminution of profits.
Section 28 Assessment of market value or compensation. 1 docs
(1) The market value of any property which the Central Government is empowered to purchase at such value under this Act or the compensation to be paid by the Central 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 (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 Central Government and one a 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.
1[(2) For every antiquity in respect of which an order for compulsory acquisition has been made under sub-section (3) of section 23 or under sub-section (1) of section 26, there shall be paid compensation and the provisions of sections 20 and 22 of the Antiquities and Art Treasures Act, 1972 (52 of 1972) shall, so far as may be, apply in relation to the determination and payment of such compensation as they apply in relation to the determination and payment of compensation for any antiquity or art treasure compulsorily acquired under section 19 of that Act.]
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 Central Government and one a 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.
1[(2) For every antiquity in respect of which an order for compulsory acquisition has been made under sub-section (3) of section 23 or under sub-section (1) of section 26, there shall be paid compensation and the provisions of sections 20 and 22 of the Antiquities and Art Treasures Act, 1972 (52 of 1972) shall, so far as may be, apply in relation to the determination and payment of such compensation as they apply in relation to the determination and payment of compensation for any antiquity or art treasure compulsorily acquired under section 19 of that Act.]
1. Subs. by s. 33, ibid., for sub-section (2) (w.e.f. 5-4-1976).
Section 29 Delegation of powers. 1 docs
The Central Government may, by notification in the Official Gazette, direct that any 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--
(a) such officer or authority subordinate to the Central Government, or
(b) such State Government or such officer or authority subordinate to the State Government,
as may be specified in the direction.
(a) such officer or authority subordinate to the Central Government, or
(b) such State Government or such officer or authority subordinate to the State Government,
as may be specified in the direction.
Section 30 Penalties. 1 docs
(1) Whoever--
(i) destroys, removes, injures, alters, defaces, imperils or misuses a protected monument, or
(ii) being the owner or occupier of a protected monument, contravenes an order made under sub-section (1) of section 9 or under sub-section (1) of section 10, or
(iii) removes from a protected monument any sculpture carving, image, bas-relief, inscription, or other like object, or
(iv) does any act in contravention of sub-section (1) of section 19,
shall be punishable with imprisonment which may extend to three months, or with 1[imprisonment which may extend to two years], or with 2[fine which may extend to one lakh 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 3[imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both]; and the court convicting a person of any such contravention may by order direct such person to restore the antiquity to the place from which it was moved.
(i) destroys, removes, injures, alters, defaces, imperils or misuses a protected monument, or
(ii) being the owner or occupier of a protected monument, contravenes an order made under sub-section (1) of section 9 or under sub-section (1) of section 10, or
(iii) removes from a protected monument any sculpture carving, image, bas-relief, inscription, or other like object, or
(iv) does any act in contravention of sub-section (1) of section 19,
shall be punishable with imprisonment which may extend to three months, or with 1[imprisonment which may extend to two years], or with 2[fine which may extend to one lakh 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 3[imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both]; and the court convicting a person of any such contravention may by order direct such person to restore the antiquity to the place from which it was moved.
1. Subs. by Act 10 of 2010, s. 8, for "imprisonment which may extend to three months" (w.e.f. 16-6-1992).
2. Subs. by s. 8, ibid., for "fine which may extend to five thousand rupees" (w.e.f. 16-6-1992).
3. Subs. by s. 8, ibid., for "fine which may extend to five thousand rupees" (w.e.f. 16-6-1992).
2. Subs. by s. 8, ibid., for "fine which may extend to five thousand rupees" (w.e.f. 16-6-1992).
3. Subs. by s. 8, ibid., for "fine which may extend to five thousand rupees" (w.e.f. 16-6-1992).
Section 30A Punishment for construction, etc., in prohibited area. 1 docs
1[30A. Punishment for construction, etc., in prohibited area.--Whoever raises, on and after the date on which the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Bill, 2010, receives the assent of the President, any construction in the prohibited area, shall be punishable with imprisonment not exceeding two years or with fine which may extend to one lakh rupees or with both.]
1. Ins. by s. 9, ibid. (w.e.f. 16-6-1992).
Section 30B Punishment for construction, etc., in regulated area. 1 docs
1[30B. Punishment for construction, etc., in regulated area.--Whoever raises, on and after the date on which the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Bill, 2010, receives the assent of the President, any construction in the regulated area without the previous permission of the competent authority or in contravention of the permission granted by the competent authority, shall be punishable with imprisonment not exceeding two years or with fine which may extend to one lakh rupees or with both.]
1. Ins. by s. 9, ibid. (w.e.f. 16-6-1992).
Section 30C Offences by officers of Government. 1 docs
1[30C. Offences by officers of Government.--If any officer of the Central Government enters into or acquiesces in any agreement to do, abstains from doing, permits, conceals or connives at any act or thing whereby any construction or re-construction takes place in a prohibited area or regulated area, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.]
1. Ins. by s. 9, ibid. (w.e.f. 16-6-1992).
Section 31 Jurisdiction to try offences. 1 docs
No court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence under this Act.
Section 32 Certain offences to be cognizable. 1 docs
Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), an offence under clause (i) or clause (iii) of sub-section (1) of section 30, shall be deemed to be a cognizable offence within the meaning of that Code.
Section 33 Special provision regarding fine. 1 docs
Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (5 of 1898), it shall be lawful for any magistrate of the first class specially empowered by the State Government in this behalf and for any presidency magistrate to pass a sentence of fine exceeding two thousand rupees on any person convicted of an offence which under this Act is punishable with fine exceeding two thousand rupees.
Section 34 Recovery of amounts due to the Government. 1 docs
Any amount due to the Government from any person under this Act may, on a certificate issued by the Director-General or an archaeological officer authorised by him in this behalf be recovered in the same manner as an arrear of land revenue.
Section 35 Ancient monuments, etc., which have ceased to be of national importance. 1 docs
If the Central Government is of opinion that any ancient and historical monument or archaeological site and remains declared to be of national importance by or under this Act has ceased to be of national importance, it may, by notification in the Official Gazette, declare that the ancient and historical monument or archaeological site and remains, as the case may be, has ceased to be of national importance for the purposes of this Act.
Section 35A Obligation to survey the protected prohibited area and regulated areas. 1 docs
1[35A. Obligation to survey the protected prohibited area and regulated areas.--(1) The Director-General shall, within such time as may be specified by the Central Government, conduct a survey or cause survey to be conducted in respect of all prohibited areas and regulated areas for the purpose of detailed site plans.
(2) A report in respect of such survey referred to in sub-section (1) shall be forwarded to the Central Government and to the Authority.]
(2) A report in respect of such survey referred to in sub-section (1) shall be forwarded to the Central Government and to the Authority.]
1. Ins. by Act 10 of 2010, s. 10 (w.e.f. 16-6-1992).
Section 35B Identification of unauthorised constructions on or after 16th June, 1992. 1 docs
1[35B. Identification of unauthorised constructions on or after 16th June, 1992.--(1) The Director-General shall, within such time as may be specified by the Central Government, identify or cause to be identified, all constructions (of whatever nature) made on and after the 16th day of June, 1992 in all prohibited areas and regulated areas and, thereafter, submit from time to time a report in respect thereof to the Central Government.
(2) The Director-General shall, for the purposes of sub-section (1), have the power to call for information from the local bodies and other authorities.]
(2) The Director-General shall, for the purposes of sub-section (1), have the power to call for information from the local bodies and other authorities.]
1. Ins. by Act 10 of 2010, s. 10 (w.e.f. 16-6-1992).
Section 36 Power to correct mistakes, etc. 1 docs
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 of national importance by or under this Act may, at any time, be corrected by the Central Government by notification in the Official Gazette.