The Ancient Monuments and Archaeological Sites and Remains Act,1958 (Bare Act)/ Universal Law Publishing

THE ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS ACT, 1958
The Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010 (10 of 2010)
Introduction
PRELIMINARY
Sections
1. Short title, extent and commencement
2. Definitions . 2A. Construction of references to any law not in force in the State of Jammu and Kashmir
ANQENT MONUMENTS AND ARCHAEOLOGICAL SITES
AND REMAINS OF NATIONAL IMPORTANCE 3. Certain ancient monuments, etc., deemed to be of national important 4. Power of Central Government to declare ancient monument, etc., to be of national importance 4A. Categorisation and classification in respect of ancient monuments or archaeological sites and remains declared as of national importance
under sections 3 and 4
PROTECTED MONUMENTS 5. Acquisition of rights in a protected monument 6. Preservation of protected monument by agreement 7. Owners under disability or not in possession 8. Application of endowment to repair a protected monument 9. Failure or refusal to enter into an agreement 10. Power to make order prohibiting contravention of agreement
under section 6
11. Enforcement of agreement 12. Purchasers at certain sales and persons claiming throu^ owner bound by instnunent executed by owner 13. Acquisition of protected monuments 14. Maintenance of certain protected monuments 15. Voluntary contributions 16. Protection of place of worship from misuse, pollution or desecration 17. Relinquishment of Government rights in a monument
18. Right of access to protected monument
PROTECTED AREAS 19. Restrictions on enjoyment of property rights in protected areas 20. Power to acquire a protected area
PROHIBITED AND REGULATED AREAS 20A. Declaration of prohibited area and carrying out public work or other works in prohibited area 20B. E)eclaration of regulated ar^ in respect of every protected monument 20C. Application for repair or renovation in prohibited area, or constructin or re-construction or repair or renovation In regulated area
GRANT OF PERMISSION BY COMPETENT AUTHORITY 20D. Grant of permission by competent authority within regulated area. 20E. Heritage bye-laws

NATIONAL MONUMENTS AUTHORITY 20F. Constitution of National Monuments Authority 20G. Selection Committee for selection of members of Authority 20H. Salary, allowances and meetings of Authority 20-1. Functions and powers of Authority 20J. Removal of Chairperson and members 20K. Restriction on future employment by Chairperson and members . 20L. Power of Central Goverrunent to issue directions to Authority 20M. Power of Central Government to issue directions to competent authorit 20N. Power of Central Government to supersede Authority 20-O. Bar of jurisdiction of civil court 20P. Armual report
. 20Q. Power to call for information
ARCHAEOLOGICAL EXCAVATIONS 21. Excavations in protected areas 22. Excavations in areas other than protected areas 23. Compulsory purchase of antiquities, etc., discovered during excavation operations 24. Excavations, etc., for archaeological purposes
PROTECTION OF ANTEQUITIES 25. Power of Central Goverrunent to control moving of antiquities 26. Purchase of antiquities by Central Government
PRINQPLES OF COMPENSATION
27. Compensation for loss or damage
28. Assessment of market value or compensation
MISCELLANEOUS
29. Delegation of powers
30. Penalties 30A. Purushmeht for construction, etc., in prohibited area 30B. Punishment for construction, etc., in regulated area 30C. Offences by officers of Government 31. Jurisdiction to try offences 32. Certain offences to be cognizable 33. Special provision regarding fine34. Recovery of amounts due to the Government 35. Ancient monuments, etc., which have ceased to be of national importanc 35A. Obligation to survey the protected prohibited area and regulated areas 358. Identification of un-authorised constructions on or after 16th June, 1992
36. Power to correct mistakes, etc. 37. Protection of action taken under the Act
38. Power to make rules 39. Repeals and saving
THE ANCIENT MONUMENTS AND ARCHAEOLOGICAL
SITES AND REMAINS RULES, 1959
• CHAPTER I
PRELIMINARY

Rules 1. Short title, extent and commencement
2. Definitions
26
26
CHAPTER II
ACCESS TO PROTECTED MONUMENTS
3. Monuments governed by agreement
4. Parts of monuments not open
5. Monuments when kept open
6. Entrance fee 7. Holding of meetings, etc. in monuments 8. Prohibition of certain acts within monuments , ,
9. Penalty
CHAPTER III
CONSTRUCTION AND OTHER OPERATIONS IN PROTECTED AREA
10. Permission required for construction, etc. 11. Licence required for excavation 12. Applications for licence
13. Grant or refusal of licence 14. Period of licence ^j.-; , 15. Cancellation of licence _ " i , . . 16. Conditions of licence ' , t,;17. Recovery from security . .. 18. EJemand of further security ■ 19. Appeal 20. Return of security
21. Publication of the result of excavation 22. Return of antiquities by a licensee
23. Penalty / CHAPTER IV
' EXCAVATION IN UNPROTECTED AREAS
24. Intimation to the Central Government 25. Approved by the Central Government 26. Deputation of an archaeological officer CHAPTER V
REPORT ON EXCAVATED ANHQUITIES
BY AN ARCHAEOLOGICAL OFFICER
27. Form of report by an archaeological officer CHAPTER VI
MOVING OF ANTIQUITIES FROM CERTAIN AREA 28. Application for moving antiquities 29. Grant or refusal or permission 30. Appeal CHAPTER VII
MINING OPERATION AND CONSTRUCTION
NEAR PROTECTED MONUMENTS
31. Notice or intention to declare a prohibited or regulated area 32. Declaration of prohibifed or regulated area 33. Effect of declaration of prohibited or regulated area
34. Application for licence
35. Grant or refusal of licence
36. Cancellation of licence

37. Appeal - 38. Removal of unauthorised buildings
39. Penalty
CHAPTER VIII
COPYING AND HLMING OF PROTECTED MONUMENTS / 40. Permission required for copying certain monuments 41. Conditions of copying other monuments
42. Licence required for filming 43. Application for licence 44. Grant or refusal or licence
45. Cancellation of licence
46. Appeal 47. Certain rules not affected
48. Penalty
CHAPTER IX
MISCELLANEOUS
49. Manner of preferring an appeal 50. Service of orders and notices FIRST SCHEDULE.—Hours during which certain monuments or parts thereof will remain open SECOND SCHEDULE.—Protected monuments or parts thereof entry mto which can be had only on payment of fee .
THIRD SCHEDULE form L—AppUcation for permission for construction/muung operation with a Protected Area form n.—AppUcation for Ucence to excavate in a Protected Area form in.—Licence for Excavation in a Protected Area FORM IV.—Report on antiquities excavated in a Protected Area FORM v.—Report on Antiquities Excavated by an Archaeological Officer FORM VI—AppUcation for the moving of Antiquities • ro^W.-AppUcation for ucence for MiningOperation/Cons^^^^ within a Regulated Area form Vni-Licence of Mining Opera«on/Cons«.chon w.Uun a Regulated Area form IX.-AppUcaHon for Ucence of Fiiming Operation at a Protected Monument FORM X.-Ucence for Filming OperaUon a. a Protected Monnmen THE ANCIENT MONUMENTS PRESERVATION ACT, 1904
Introduction
Sections 1 Short title and extent • . 2. Definitions , . ^ 3. Protected monuments ^0,,UMENTS
. of rights in or guardianship of an ancient monument . 4. Acquisi gnclent monument by agreement

5. Preservation
37. Appeal 38. Removal of unauthorised buildings
39. Penalty
CHAPTER VIII COPYING AND FILMING OF PROTECTED MONUMENTS Permission required for copying certain monuments Conditions of copjdng other monuments
Licence required for filming
Application for licence

Grant or refusal or licence
Cancellation of licence
Appeal
Certain rules not affected
Penalty
CHAPTER IX
MISCELLANEOUS 49. Manner of preferring an appeal
50. Service of orders and notices FIRST SCHEDULE.—Hours during which certain monuments or parts thereof wiU remain open
SECOND SCHEDULE.—Protected monuments or parts thereof entry into wtiich can be had only on payment of fee .
THIRD SCHEDULE FORM I.—Application for permission for construction/mining operation
with a Protected Area
FORM n.—Application for Licence to excavate in a Protected Area
FORM in.—Licence for Excavation in a Protected Area FORM IV.—Report on antiquities excavated in a Protected Area . FORM V.—Report on Antiquities Excavated by an Archaeological Officer FORM VI.—Application for the moving of Antiquities FORM VII.—Application for Licence for Mining Operation/Construction within a Regulated Area FORM Vm.—Licence of Mining Operation/Construction within a Regulated Area FORM IX.—Application for Licence of Filming Operation
at a Protected Monument FORM X.—Licence for Filming Operation at a Protected Monument
THE ANCIENT MONUMENTS PRESERVATION ACT, 1904
Introduction
Sections 1. Short title and extent 2. Defmitions . • * 3 Protected monuments
ANaENT MONUMENTS 4 Acquisition of rights in or guardianship of an ancient monument . 5 Preservation of ancient monument by agreement

7. Application of endowment to repair a protected monument 8. Failure or refusal to enter into an agreement . ' . 9. Power to make order prohibiting contravention of agreement under section 5 10. Enforcement of agreements 11. Purchasers at certain sales and persons claiming through owner bounc^ by instrument executed by owner 12. Acquisition of protected monument
13. Maintenance of certain protected monuments 14. Voluntary contributions 15. Protection of place of worship from misuse 16. Relinquishment of Government right in a monument
17. Right of access to protected monuments
PROTECTED AREAS
18. Restrictioris on enjoyment of property rights in protected areas
19. Power to acquire a protected area ARCHAEOLOGICAL EXCAVATIONS
20. Excavations in protected areas 21. Excavation in areas other than protected areas 22. Compulsory purchase of antiquities, etc., discovered during excavation operations
23. Excavation, etc., for archaeological purposes PROTECTION OF ANTIQUITIES
24. Power of Govenunent to control moving of antiquities 25. Purchase of antiquities by Government PRINQPLES OF COMPENSATION
26. Compensation for loss or damage 27. Assessment of market value or compensation MISCELLANEOUS
28. Delegation or powers by the Government
29. Penalties "
30. Jurisdiction of criminal courts .
♦ » ^ ik' . I ^ 31. Certain offences to be cognizable . . . i -. 32. Special Provision regarding fine T't i - * 33. Offences by companies 34. Recovery of amounts due to the Government 35. Ancient monuments, etc., no longer requiring protection 36. Power to correct mistakes, etc. 37. Protection of action taken under the Act 38. Power to make rules .' , • 39. PubUcation of rules, commencement of rules and notifications and placmg of rules and notifications before the Legislative 40. Repeals and savings
rnNTSOLIDATED TABLE SHOWING THE PROVISIONS OF T™ AND HISTORICAL MONUMENTS AND ARCHAEOLOGICAL AND ACT 1966 AND THE CORRESPONDING PROVISIONS OF THE STATE
ANOENT
REMAINS
ACTS