The Ancient Monuments and Archaeological Sites and Remains Act, 1958

(1) This Act may be called the Ancient Monumentsand Archaeological Sites and Remains Act, 1958. 1[(2) It extends to the whole of India.] (3) It shall come into force on such date2as the Central Government may, by notification in theOfficial Gazette, appoint.

In this Act, unless the context otherwise requires,-- (a) "ancient monument" means any structure, erection or monument, or any tumulus or placeof interment, or any cave, rock-sculpture, inscription or monolith, which is of historical,archaeological or artistic interest and which has been in existence for not less than one hundredyears, and includes-- (i) the remains of an ancient monument, (ii) the site of an ancient monument, (iii) such portion of land adjoining the site of an ancient monument as may be required forfencing or covering in or otherwise preserving such monument, and (iv) the means of access to, and convenient inspection of, an ancient monument; (b) "antiquity" includes-- (i) any coin, sculpture, manuscript, epigraph, or other work of art or craftsmanship, (ii) any article, object or thing detached from a building or cave, (iii) any article, object or thing illustrative of science, art, crafts, literature, religion,customs, morals or politics in bygone ages, (iv) any article, object or thing of historical interest, and (v) any article, object or thing declared by the Central Government, by notification in theOfficial Gazette, to be an antiquity for the purposes of this Act, which has been in existence for not less than one hundred years; (c) "archaeological officer" means an officer of the Department of Archaeology of theGovernment of India not lower in rank than Assistant Superintendent of Archaeology; (d) "archaeological site and remains" means any area which contains or is reasonablybelieved to contain ruins or relics of historical or archaeological importance which have been inexistence for not less than one hundred years, and includes-- (i) such portion of land adjoining the area as may be required for fencing or covering in orotherwise preserving it, and (ii) the means of access to, and convenient inspection of, the area; 1[(da) "Authority" means the National Monuments Authority constituted under section 20F; (db) "competent authority" means an officer not below the rank of Director of archaeology orCommissioner of archaeology of the Central or State Government or equivalent rank, specified,by notification in the Official Gazette, as the competent authority by the Central Government toperform functions under this Act: Provided that the Central Government may, by notification in the Official Gazette, specifydifferent competent authorities for the purpose of sections 20C, 20D and 20E; (dc) "construction" means any erection of a structure or a building, including any addition orextension thereto either vertically or horizontally, but does not include any re-construction, repairand renovation of an existing structure or building, or, construction, maintenance and cleansing ofdrains and drainage works and of public latrines, urinals and similar conveniences, or, theconstruction and maintenance of works meant for providing supply of water for public, or, theconstruction or maintenance, extension, management for supply and distribution of electricity tothe public or provision for similar facilities for public;] (e) "Director-General" means the Director-General of Archaeology, and includes any officerauthorised by the Central Government to perform the duties of the Director-General; (f) "maintain", with its grammatical variations and cognate expressions, includes the fencing,covering in, repairing, restoring and cleansing of a protected monument, and the doing of any actwhich may be necessary for the purpose of preserving a protected monument or of securingconvenient access thereto; (g) "owner" includes" (i) a joint owner invested with powers of management on behalf of himself and other jointowners and the successor-in-title of any such owner; and (ii) any manager or trustee exercising powers of management and the successor-in-officeof any such manager or trustee; (h) "prescribed" means prescribed by rules made under this Act; 2[(ha) "prohibited area" means any area specified or declared to be a prohibited area undersection 20A;] (i) "protected area" means any archaeological site and remains which is declared to be ofnational importance by or under this Act; (j) "protected monument" means an ancient monument which is declared to be of nationalimportance by or under this Act; 2[(k) "re-construction" means any erection of a structure or building to its pre-existingstructure, having the same horizontal and vertical limits; (l) "regulated area" means any area specified or declared under section 20B; (m) "repair and renovation" means alterations to a pre-existing structure or building, but shallnot include construction or re-construction.]

1[2A. [Construction of references to any law not in force in the State of Jammu andKashmir*.]--Omitted by the Jammu and Kashmir Reorganization (Adaptation of Central Laws)Order, 2020, vide notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory ofLadakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E),dated (23-10-2020).].

All ancient andhistorical monuments and all archaeological sites and remains which have been declared bythe Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration ofNational Importance) Act, 1951 (71 of 1951), or by section 126 of the States ReorganisationAct, 1956 (37 of 1956), to be of national importance shall be deemed to be ancient and historicalmonuments or archaeological sites and remains declared to be of national importance for the purposesof this Act.

(1) Where the Central Government is of opinion that any ancient monument orarchaeological site and remains not included in section 3 is of national importance, it may, bynotification in the Official Gazette, give two months notice of its intention to declare such ancientmonument or archaeological site and remains to be of national importance; and a copy of every suchnotification shall be affixed in a conspicuous place near the monument or site and remains, as the casemay be. (2) Any person interested in any such ancient monument or archaeological site and remains may,within two months after the issue of the notification, object to the declaration of the monument, or thearchaeological site and remains, to be of national importance. (3) On the expiry of the said period of two months, the Central Government may, afterconsidering the objections, if any, received by it, declare by notification in the Official Gazette, theancient monument or the archaeological site and remains, as the case may be, to be of nationalimportance. (4) A notification published under sub-section (3) shall, unless and until it is withdrawn, beconclusive evidence of the fact that the ancient monument or the archaeological site and remains towhich it relates is of national importance for the purposes of this Act.