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CONSERVATION ACT

AND LEGISLATION
SUBMITTED BY

SUBMITTED TO
AR. SANJAY BHANDARI

NIKHIL 12601
VISHAL 12613
YOGESH 12628
ADEEBA 12636

LEGISLATION
Cultural renaissance of early nineteenth century witnessed enactment of the
first ever antiquarian legislation in India known as Bengal Regulation XIX of
1810.
This was soon followed by another legislation called as Madras Regulation VII
of 1817. Both these regulations vested the Government with a power to
intervene whenever the public buildings were under threat of misuse.
However, both the Acts were silent on
the buildings under the private ownership.
The Act XX of 1863, was therefore enacted to empower the Government
to prevent injury to and preserve buildings remarkable for their antiquity or
for their historical or architectural value.

The Indian Treasure Trove Act, 1878 was promulgated to protect


and preserve treasure found accidentally but had the
archaeological and historical value.
This Act was enacted to protect and preserve such treasures and
their lawful disposal.
In a landmark development in 1886, James Burgess, the then
Director General succeeded in prevailing upon the Government for
issuing directions: forbidding any person or agency to undertake
excavation without prior consent of the Archaeological Survey and
debarring officers from disposing of antiquities found or acquired
without the permission of the Government.

The Cultural heritage ushered in a new era when The Ancient


Monuments Preservation Act, was promulgated. This Act provided
effective preservation and authority over the monument
particularly those, which were under the custody of individual or
private ownership.
As this Act has not been repealed, it is deemed to be in force.
Next Act was The Antiquities Export Control Act, 1947 and Rules
thereto which provided a regulation over the export of antiquities
under a licence issued by the Director General and empowering him
to decide whether any article, object or thing is or is not an
antiquity for the purpose of the act and his decision was final.

In 1951, The Ancient and Historical Monuments and Archaeological


Sites and Remains (Declaration of National Importance) enacted.
Consequently, all the ancient and historical monuments and
archaeological sites and remains protected earlier under The
Ancient Monuments Preservation Act, 1904 were re-declared as
monuments and archaeological sites of national importance under
this Act.
Another four hundred and fifty monuments and sites of Part B
States were also added.
Some more monuments and archaeological sites were also declared
as of national importance under Section 126 of the States
Reorganization Act, 1956.

In order to bring the Act on par with constitutional provisions and providing
better and effective preservation to the archaeological wealth of the
country, The Ancient Monuments and Archaeological Sites and Remains Act
1958 was enacted on 28th August 1958.
This Act provides for the preservation of ancient and historical monuments
and archaeological sites and remains of national importance, for the
regulation of archaeological excavations and for the protection of
sculptures, carvings and other like objects.
Subsequently, The Ancient Monuments and Archaeological Sites and
Remains Rules 1959 were framed.
The Act along with Rules came into force with effect from 15 October 1959.
This Act repealed The Ancient and Historical Monuments and Archaeological
Sites and Remains (Declaration of National Importance) Act, 1951.

The Antiquities and Art Treasures Act 1972 is the latest Act
enacted on 9th September 1972 for effective control over the
moveable cultural property consisting of antiquities and art
treasures.
The Act is to regulate the export trade in antiquities and art
treasures, to provide for the prevention of smuggling of, and
fraudulent dealings in, antiquities, to provide for the
compulsory acquisition of antiquities and art treasures for
preservation in public places and to provide for certain other
matters connected therewith or incidental or ancillary there to.
This Act was also supplemented with The Antiquities and Art
Treasure Rules 1973. The Act and Rules have been in force with
effect from 5th April 1976. This legislation repealed The
Antiquities Export Control Act, 1947

ANCIENT MONUMENTS PRESERVATION ACT


1904
ancient monument means any structure, erection or monument, or any tumulus
or place of interment, 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 be
required for fencing or covering in or other wise preserving such monument.
(c) the means of access to and convenient inspection of an ancient monument.

antiquities

include any moveable objects which the Central


Government), by reason of their historical or archaeological
associations, may think it necessary to protect against injury,
removal or dispersion.

Maintainand Maintenanceinclude the fencing


covering in, repairing, resorting and cleansing of a
protected monument, and the doing of any act which
may be necessary for the purpose of maintaining a
protected monument or of securing convenient access.
Land includes a revenue-free estate, a revenuepaying estate, and a permanent transferable tenure,
whether such a estate or tenure be subject to
incumbrances or not.

ownerincludes a joint owner invested with powers of management on behalf


of himself and other joint owners, and any manager or trustee exercising
powers of management over an ancient monument, and the successor in title
of any such owner and the successor in office of any such manager or trustee.

Protected monuments
The [Central Government] may, by notification in the [Official Gazette], declare
an ancient monument to be a protected monument within the meaning of this
Act.
A copy of every notification published under sub-section 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 [Central
Government] within one month from the date when it is so fixed up will be
taken into consideration.
On the expiry of the said period of one month, the [Central Government], after
considering the objections, if any, shall confirm or withdraw the notification.

Preservation of ancient monument by agreement.


(1) The Collector may, with the previous sanction of
the Central Government], propose to the owner to enter into an agreement
with [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
be employed
to watch
it.destroy, remove, alter or
(c)
themay
restriction
of the owners
right to
deface the monument or to build on or near the site of the
monument.
(f) the payment of any expenses incurred by the owner or by the Central
Government] in connection with the preservation of the monument.

Maintenance of certain protected monuments


The Commissioner shall maintain every monument in respect of which the
Government has acquired any of the rights mentioned in or which the
Government has acquired.
When the Commissioner has accepted the guardianship of a
monument, 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 be may consider necessary or
desirable for the maintenance thereof.

Purchase of sculptures, carvings or like objects by the Government.


If [the Central Government] apprehends that any object mentioned in a
notification issued, is in danger of being destroyed, removed, injured or
allowed to fall into decay, [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.

Protection of place of worship from misuse,


pollution or desecration
(1) A place of worship or shrine maintained by the Government under this Act shall
not be used for any purpose inconsistent with its character.
(2) Where the Collector 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 or observances by any community, the
Collector shall make due provision for the protection such monument, or such part
thereof, from pollution or desecration(a) by prohibiting the entry therein, except in accordance with condition 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 usages of the
community by which the monument or part thereof is used, or
(b) by taking such other action as he may think necessary in this behalf

Right of access to certain monuments. (1) Subject to such rules as may after previous publication be made by
[the Central Government], the public shall have a right of access to any
monument maintained by [the Central Government ] under this Act.
(2) In making any rule under the Central Government, may provide that
a breach of it shall be punishable with fine which may extend to twenty
rupees.

Penalties.Any person other than the owner who destroys, removes, injuries, alters, defaces or
imperils a protected monument, and any owner who destroys, removes, injures,
alters, defaces or imperils a monument maintained by [the Central Government]
under this Act or in respect of which an agreement has been executed, and any
owner or occupier who contravenes an order made, shall be punishable with fine
which may extend to five thousand rupees, or with imprisonment which may extend
to three months, or with both.

protection to public servants acting under 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 the exercise of any power conferred by this Act.

Power of Central Government to control mining,


etc., near ancient monument.
Fixing the boundaries of the area to which the rules are to
apply.

ANCIENT MONUMENTS AND ARCHAEOLOGICAL


SITES AND REMAINS RULES 1959
The Director-General may, by order, direct that [any protected monument or any
specified part thereof ] shall not be open, permanently or for a specified period, to
any person other than an archaeological officer, his agents, subordinates and
workmen and any other Government servant on duty at such part
Entrance fee.
(a) Specified as category A monuments
(i) Citizens of India Rs. 10/- per head;
(ii) Others - 3 [[US $ 5 or Indian Rs. 250/-]] per head.]
(b) Specified as category B monuments
(i) Citizens of India Rs. 5/- per head;
(ii) (ii) Others - 3 [[US $ 2 or Indian Rs. 100/-]] per head.]

ANCIENT MONUMENTS AND ARCHAEOLOGICAL


SITES AND REMAINS RULES 1959
No protected monument shall be used for the purpose of holding any meeting,
reception, party, conference or entertainment except under and in accordance
with a permission in writing granted by the Central Government.
Prohibition of certain acts within monuments.No person shall, within
a protected monument,
(a) do any act which causes or is likely to cause damage or injury to any part of
the monument; or
(b) discharge any fire-arms
(c) cook or consume food except in areas, if any, permitted to be used for that
purpose.
( d) hawk or sell any goods or wares or canvas any custom for such goods or
wares or display any advertisement in any form or show a visitor round or take
his photograph for monetary consideration, except under the authority of, or
under, and in accordance with the conditions of, a licence granted by an
archaeological officer.

ANCIENT MONUMENTS AND ARCHAEOLOGICAL


SITES AND REMAINS RULES 1959
(e) violate any practice, usage or custom applicable to or observed in
the monument.
(f) bring, for any purpose other than the maintenance of the
monument,
(i) any animal,
(ii) any vehicle except in areas reserved for the parking thereof.
()No person shall undertake any construction or mining operation within
a protected area except under and in accordance with a permission
granted in this behalf by the Central Government.
()No person other than an archaeological officer or an officer authorised
by him in this behalf shall undertake any excavation for archaeological
purposes in any protected area

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