The Ancient Monuments Preservation Act, 1904

(1) This Act may be called the Ancient Monuments PreservationAct, 1904. 1[(2) It extends to the whole of India 2[except the State of Jammu and Kashmir].]

In this Act, unless there is anything repugnant in the subject or context,-- (1) "ancient monument" means any structure, erection or monument or any tumulus or place ofinterment, or any cave, rock-sculpture, inscription or monolith, which is of historical, archeological orartistic 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 fencingor covering in or otherwise preserving such monument; and (c) the means of access to and convenient inspection of an ancient monument: (2) "antiquities" include any moveable objects which 1[the Central Government], by reason of theirhistorical or archeological associations, may think it necessary to protect against injury, removal ordispersion: (3) "Commissioner" includes any officer authorised by 2[the Central Government] to perform theduties of a Commissioner under this Act: (4) "maintain" and "maintenance" include the fencing, covering in, repairing, restoring and cleansingof a protected monument, and the (doing of any act which may be necessary for the purpose ofmaintaining a protected monument or of securing convenient access thereto: (5) "land" includes a revenue-free estate, a revenue-paying estate, and a permanent transferabletenure, whether such estate or tenure be subject to incumbrances or not: and (6) "owner" includes a joint owner invested with powers of management on behalf of himself andother joint owners, and any manager or trustee exercising powers of management over an ancientmonument, and the successor in title of any such owner and the successor in office of any such manageror trustee: Provided that nothing in this Act shall be deemed to extend the powers which may lawfully beexercised by such manager or trustee.

(1) The 1[Central Government] may, by notification in the Official Gazette,declare an ancient monument to be a protected monument within the meaning of this Act. (2) A copy of every notification published under sub-section (1) shall be fixed up in a conspicuous placeon or near the monument, together with an intimation that any objections to the issue of the notificationreceived by the 1[Central Government] within one month from the date when it is so fixed up will be takeninto consideration. (3) On the expiry of the said period of one month, the 1[Central Government], after considering theobjections, if any, shall confirm or withdraw the notification. (4) A notification published under this section shall, unless and until it is withdrawn, be conclusiveevidence of the fact that the monument to which it relates is an ancient monument within the meaning of thisAct.

(1) The Collector, with thesanction of the 1[Central Government], may purchase or take a lease of any protected monument. (2) The Collector, with the like sanction, may accept a gift or bequest of any protected monument. (3) The owner of any protected monument may, by written instrument, constitute the Commissioner theguardian of the monument, and the Commissioner may, with the sanction of the 1[Central Government],accept such guardianship. (4) When the Commissioner has accepted the guardianship of a monument under sub-section (3), theowner shall, except as expressly provided in this Act, have the same estate, right, title and interest in and tothe monument as if the Commissioner had not been constituted guardian thereof. (5) When the Commissioner has accepted the guardianship of a monument under sub-section (3), theprovisions of this Act relating to agreements executed under section 5 shall apply to the written instrumentexecuted under the said sub-section. (6) Where a protected monument is without an owner, the Commissioner may assume the guardianship ofthe monument.

(1) The Collector may, with the previoussanction of 1[the Central Government], propose to the owner to enter into an agreement with 2[the CentralGovernmen] 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 maybe found expedient to include m the agreement:-- (a) the maintenance of the monument; (b) the custody of the monument, and the duties of any person who may be employed to watch it; (c) the restriction of the owners right to destroy, remove, alter or deface the monument or to build onor near the site of the monument; (d) the facilities of access to be permitted to the public or to any portion of the public and to personsdeputed by the owner or the Collector to inspect or maintain the monument; (e) the notice to be given to the Central Government in case the land on which the monument issituated is offered for sale by the owner, and the right to be reserved to 3[the Central Government] topurchase such land, or any specified portion of such land, at its market-value; (f) the payment of any expenses incurred by the owner or by 3[the Central Government] in connectionwith the preservation of the monument; (g) the proprietary or other rights which are to vest in Government in respect of the monument whenany expenses reinsured by 9the Central Government in connection with the preservation of themonument; (h) the appointment of an authority to decide any dispute arising out of the agreement; and (i) any matter connected with the preservation of the monument which is a proper subject ofagreement between the owner and 3[the Central Government]. 4* * * * * (4) The terms of an agreement under this section may be altered from time to time with the sanction of5[the Central Government] and with the consent of the owner. (5) With the previous sanction of 5[the Central Government], the Collector may terminate an agreementunder this section on giving six months notice in writing to the owner. (6) The owner may terminate an agreement under this section on giving six months notice to theCollector. (7) An agreement under this section shall be binding on any person claiming to be owner of themonument to which it relates, through or under a party by whom or on whose behalf the agreement wasexecuted. (8) Any rights acquired by 3[the Central Government] in respect of expenses incurred in protecting orpreserving a monument shall not be affected by the termination of an agreement under this section.