Sections Particulars
1 Short title, extent and commencement
(1) This Act may be called the Ancient Monuments and Archaeological Sites and Remains Act, 1958. (2) It extends to the whole of India, but sections 22, 24,...
2 Definitions
.- In this Act unless the context otherwise requires-,(a) "ancient monuments" means any structure, erection or monument, or any tumulus or place of intermen...
3 Certain ancient monuments, etc., deemed to be of national importance
All ancient and historical monuments and all archaeological sites and remains which have been declared by the Ancient and Historical Monuments and Archaeolog...
4 Power of Central Government to declare ancient monuments, etc., to be of national importance
.- (1) Where the Central Government is of opinion that any ancient monument or archaeological site and remains not included in section 3 is of national import...
5 Acquisition of rights in a protected monument
(1) The Director-General may, with the sanction of the Central Government, purchase, or take a lease of, or accept a gift or bequest of, any protected monu...
6 Preservation of protected monument by agreement
(1) the Collector, when so directed by the Central Government, shall propose to the owner of a protected monument to enter into an agreement with the Central...
7 Owners under disability or not in possession
(1) If the owner of a protected monument is unable, by reason of infancy or other disability, to act for himself, the person legally competent to act on his ...
8 Application of endowment to repair a protected monument
(1) If any owner or other person competent to enter into an agreement under section 6 for the maintenance of a protected monument refuses or fails to enter i...
9 Failure or refusal to enter into an agreement
(1) If any owner or other person competent to enter into an agreement under section 6 for the maintenance of a protected monument refuses or fails to enter i...
10 Power to make order prohibiting contravention of agreement under section 6
(1) If the Director-General apprehends that the owner or occupier of a protected monument intends to destroy, remove, alter, deface, imperil or misuse the mo...
11 Enforcement of agreements
(1) If an owner or other person who is bound by an agreement for the maintenance of a monument under section 6 refuses or fails within such reasonable time a...
12 Purchasers at certain sales and persons claiming through owner bound by instrument executed by owner
.- 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 respect of which ...
13 Acquisition of protected monuments
.- If the Central Government apprehends that a protected monument is in anger of being destroyed, insured, misused, or allowed to fall into decay, it may acq...
14 Maintenance of certain protected monuments
.- (1) The Central Government shall maintain every monument which has been acquired under section 13 or in respect of which any of the rights mentioned in sec...
15 Voluntary contributions
.- The Director-General may receive voluntary contributions towards the cost of maintaining a protected monument and may give orders as to the management and ...
16 Protection of place of worship from misuse, pollution or desecration
(1) A protected monument maintain by the Central Government under this Act which is a place of worship or shrine shall not be used for any purpose inconsis...
17 Relinquishment of Government rights in a monument
.- With the sanction of the Central Government, the Director-General may,-(a) where rights have been acquired by the Director-General in respect of any monum...
18 Right of access to protected monuments
.- Subject to any rules made under this Act, the public shall have a right of access to any protected monument....
19 Restrictions on enjoyment of property rights in protected areas
.- (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...
20 Power to acquire protected area
.- If the Central Government is of opinion that any protected area contains an ancient monument or antiquities of national interest and value, it may acquire ...
21 Excavations in protected areas
.- An archaeological officer or an officer authorized by him in this behalf or any person holding a license granted in this behalf under this Act (hereinafter...
22 Excavations in areas other than protected areas
.- Where an archaeological officer has reason to believe that any area not being a protected area contains ruins or relies of historical or archaeological im...
23 Compulsory purchase of antiquities, etc., discovered during excavation operations
(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 ...
24 Excavations, etc., for archaeological purposes
.- No State Government shall undertake or authorize any person to undertake any excavation or other like operation for archaeological purposes in any area wh...
25 Power of Central Government to control moving of antiquities
(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...
26 Purchase of antiquities by Central Government
(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 dest...
27 Compensation for loss or damage
.- 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,...
28 Assessment of market value or compensation
.- (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 packed ...
29 Delegation of powers
.- 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 co...
30 Penalties
(1) Whoever-(i) destroys, remove, injures, alters, defaces, imperil or misuses a protected monument, or(ii) being the owner or occupier of a protected monum...
31 Jurisdiction to try offences
.- No court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence under this Act....
32 Certain offences to be cognizable
.- 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 s...
33 Special provision regarding fine
.- 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 ...
34 Recovery of amounts due to the Government
.- 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 authorize...
35 Ancient monuments, etc.
which have ceased to be of national importance.- If the Central Government is of opinion that any ancient and historical monument or archaeological site and ...
36 Power to correct mistakes, etc
Any clerical mistake, patent error or error arising form accidental slip or omission in the description of any ancient monument or archaeological site and re...
37 Protection of action taken under the Act
.- 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...
38 Power to make rules
(1) The Central Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for carrying out the...
39 Repeals and savings
(1) The Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951 (71 of 1951), and section 126 of...
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