The Ancient Monuments & Archaeological Sites Remains Act 1958 (Amendment & Validation- 2010)

The Ancient Monuments 
and Archaeological 
Sites and Remains Act, 1958 
(ACT No. 24 or 1958) 
Updated as per the Ancient Monuments and Archaeological 
Sites and Remains (Amendment and Validation) Act, 2010 
4 
I 
The Ancient Monuments and Archaeological Sites 
and Remains Act, 1958 
(No. 24 of 1958) 
Updated as per the Ancient Monuments and Archaeological 
Sites and Remains (Amendment and Validation) Act, 2010 
(further to amend the Ancient Monuments and Archaeological Sites and Remains Act. 1958 
and to make provision for validation of certain actions taken by the Central Government 
under the said Act) 
An Act to pro vide for the preservation of ancient and historica l monuments and 
archaeologica l sites and remain s of national Importance, for the regula tion of 
archaeolog ical excavations and for the protection of sculptu res, carving s and 
othor like object s. (281" August 1958) 
BE it enacted by Parliament in the Ninth Year of the Republic of India as follows:­
Preamble 
Sllor1 title, extent aod 1. 
commencement 
(1) This Act may be called as the Ancient Monumenls and Archaeological 
Sites and Remains Act, 1958. 
Oefiml!ons \ 2. 
• 
'[(2) It extents ro the whole of India] 
(3) It shall come into force on such date2 as the Central Government may, 
by notification in the Official Gazette, appoint. 
In this Act, unless the context otherwise requires,-
(a) "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 artisric 
interest and which has been in existence for not less than 100 years 
and Includes-
(\) remains of an ancient monument, 
5 
Amendment of 
section 2 
(ii) site of an ancient monument, 
(iii) such portion of land adjoining the site of an ancient monument as 
may be required for fencing or covering in or otherwise preserving 
such monument, and 
(iv) the means of access to, and convenient inspection of, an ancient 
monument: 
(bl "antiquity" includes.-
(i) any coin, sculpture, manuscript, epigraph, or other work of art of 
craftsmanship, 
(ii) any article, object or thing detached from a building or cave, 
(ill) any article, object or thing illustrative of science, art, crafls, 
literature, religion, customs, morals or politics in bygone ages, 
(iv) any article, object or thing of histotical interest, and 
(v) any article, object or thing declared by the Cent,al Government, by 
notification in the Official Gazette to be an antiquity for the purposes 
of this Act. 
which has been in existence tot not less than one hundred years: 
(c) "archaeological officer" means an officer of the Department of 
Archaeology of the Government of India not lower in rank than 
Assistant Superintendent of Archaeology: 
(d) "archaeological site and remains" means any area which contains or 
is reasonably believed to ·contain ruins or relics of histotical or 
archaeological Importance which have been In existence 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 or otherwise preserving it, and 
(ii) the means of access to. and convenient inspection of the area: 
'(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 or Commissioner 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 to perform functions under this Act: 
Provided that the Central Government may, by notification In the 
Official Gazette, specify different competent authorities for the 
6 
purpose of sections 20C, 20D and 20E; 
(de) "construction" means any erection of a structure or a 
building, Including any addition or extension thereto either 
vertically or horizontally, but qoes not Include, any re• 
construction, repair and renovation of an existing structure or 
building, or, construction, maintenance and cleansing of drains 
and drainage works and of public latrines , urinals and similar 
conveniences, or, the construction and maintenance of works 
meant for providing supply of water for public, or, the 
construction or maintenance, extension, management for supply 
and distribution of electricity to the public; or provision for similar 
facilities for publicity. 
(e) "Director-General" means the Director-General of Archaeology, and 
includes any officer authorised by the Central Government to perform 
the duties of fhe 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 act which may be necessary 
for the purpose of preserving a protected monument or of securing 
convenient access thereto; 
(g) "Owner" includes-
(!) a joint owner invested with powers of management on behalf of 
himself and other joint owners and the successor-in-title of any 
such owner; and 
(ii) any manager or trustee exercising powers of management and the 
successor-in-office of any such manager or trustee; 
(h) "prescribed" means prescribed by rules made under this Act; 
'(ha) "prohibited area" means any area specified or declared to be 
a prohibited area under section 20A;'; 
(i) "protected area" means any archaeological site and remains which is 
declared to be of national importance by or under this Act; 
(j) "protected monument" means an ancient monument which is 
declared to be of national importance by or under this Act. 
(k) "re-construction" means any erection of a structure or building 
to Its pre-existing structure, having the same horizontal and 
vertical limits; 
(I) "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 shall not include construction or re­
construction;'. 
7 
Coilstrvction of 
references to any law 
not in tcrce in lhe 
Slate of Jammu and 
Kashmir 
Certain ancien1 
monuments. etc .. 
deemod to be of 
11a1klna1 importance 
71 of 1951 
37 of 1956 
PO'lv(u of C$nl/al 
Government to 
declare ancien, 
monum8nts. etc .. to 
bo of national 
fmportance 
Insertion of new 
section 4A 
Catogotizatloo 3nd 
clanification In 
respect of ancient 
monuments or 
archacologlc&I 5ltes 
and remains 
declared as of 
national import.:ince 
under sections 3 
3
(2A 
3. 
4. 
Any reference In this Act to any law which is not In force in the State of 
Jammu and Kashmir shall, in relation to that State, be construed :;,s a 
reference to the corresponding law, if any, in force in that State]. 
ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND 
REMAINS 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 Archaeological Sites and Remains (Declaration of National Importance) 
Act, 1951, or by section 126 of the States Reorganisation Act, 1956, to be of 
national importance shall be deemed to be ancient and historical monument 
or archaeological sites and remains declared to be of national importance for 
the purposes of fhis Act. 
(1) Where the Ceniral Government is of opinion that any ancient monument 
or archaeological site and remains not included in section 3 Is of 
national importance, it may, by notification In the Official Gazette, give 
two months' notice of its intention to declare such ancient monument or 
archaeological site and remains to be of national importance; and a 
copy of every such notification shall be affixed in a conspicuous place 
near the monument or site and remains, as the case may 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 the 
archaeological site and remains, to be of national importance. 
(3) On the expiry of the said period of two months. the Central Government 
may, after considering the objections, if any, received by it, declare by 
notification in the Official Gazette, the ancient monument or the 
archaeological site and remains, as the case my; be, to be of national 
importance. 
(4) A notification published under sub-section (3) shall, unless and until it is 
withdrawn, be conclusive evidence of the fact that the ancient 
monument or the archaeological site and remains to which it relates Is 
of national Importance for the purposes of this Act. 
"4A. (1) The Central Government shall, on the recommendation of the 
Authority, prescribe categories in respect of ancient monuments or 
archaeological sites and remains declared as of national Importance 
under sections 3 and 4, and while prescribing such categories It shall 
have regard to the historical, archaeological and 35 architectural value 
and such other factors as may be relevant for the purpose of such 
categorization. 
(2) The Central Government shall, on the recommendation of the 
8 
and 4 Insertion of 
new section 20A. 
Acquisition ot rights tn 5. 
a ptotectcd 
monumen1 
Preser•.•alion of 6. 
protected monumen1 
by ~sreemenl 
Authority, classify all the ancient monuments or archaeological sites 
and remains declared as of national Importance under sections 3 and 
4, in accordance with the categories prescribed under sub-section (1) 
and thereafter make the same available to the public and exhibit the 
same on its website and also in such othe r manner as it may deem 
fit. 11. 
PROTECTED MONUMENTS 
(1) The Director General may, wilh the sanction of the Central Government, 
purchase, or take a lease of, or accept a gift or bequest of, any 
protected monument. 
(2) Where a protected monument is without an owner, the Director-General 
may, by notification in the Official Gazette, assume the guardianship of 
the monument. 
(3) The owner of any protected monument may, by written instrument, 
constitute the Director-General the guardian o f the monument, and the 
Director-General may, with the sanction of the Central Government, 
accept such guardianship. 
( 4) When the Director-General has accepted the guardianship of a 
monument under sub-section (3). the owner shall. except as expressly 
provided in this Act, have the same estate, right, title and interest in and 
to the monument as if the Director-General had not been constituted a 
guardian thereof. 
(5) When the Director-General has accepted the guardianship of a 
monument under sub-section (3), the provisions of this Act relating to 
agreements executed under section 6 shall apply to the written 
instrument executed under the said sub-section. 
(6) Nothing in this section shall affect the use of any protected monument 
for customary religious observances. 
(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 Government within a specified period for the 
maintenance of the monument. 
(2) An agreement under this section may provide for all or any one of the 
following matters, namely;-
(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 owner's right-
(i) to use the monument for any purpose, 
9 
Owners under 
dasabilily or nol in 
possession, 
7. 
(ii) to charge any fee for enlry into, or inspeclion of, lhe monumenl, 
(iii) to destroy, remove, alter or deface the monuments, or 
(iv) to build on or near lhe site of the monument; 
(d) The facililies of access to be permitted to the public or any section 
thereof or lo archaeological officers or to persons deputed l;>y the 
owner or any archaeological officer or the Collector lo inspect or 
maintain the monument; 
(e) The notice lo be given to the Central Government in case the land 
on which the monumenl is silualed or any adjoining land is offered 
for sale by the owner, and the right to be reserved to !he Central 
Governmenl to purchase such land, or any specified portion of such 
land, al its markel value; 
(I) The paymenl of any expenses incurred by !he owner or by !he 
Central Government in connection with the maintenance of the 
monument: 
(g) The proprietary or other rights which are to vest In the Central 
Government in respect of the monument when any expenses are 
incurred by the Central Government in connection with the 
maintenance of the monument; 
(h) The appointment of an authority to decide any dispute arising out 
of the agreement: and 
(i) Any matter connected with the maintenance of the monumenl, 
which Is a proper subject of agreement between the owner and 
the Central Government. 
(3) The Central Government or the owner may, at any time after the 
expiration of three years from the date of execution of an agreement 
under this section. terminate it on giving six months notice in writing to 
the other party: 
Provided that where the agreement is terminated by the owner, he 
shall pay to the Central governmenl the expenses, if any, incurred by ii 
on the maintenance of the monument during the five years immedialely 
preceding lhe termination of the agreemenl or, if the agreemenl has 
been if force for a shorter period, during the period the agreement was 
in force. 
(4) An agreemenl under this seclion shall be binding on any person 
claiming to be the owner of the monument to which it relates, from, 
through or under a party by whom or on whose behalf the agreement 
was executed. 
(1) If !he owner of a prolecled monumenl is unable. by reason of inlancy or 
olher disability, lo act for himsell, lhe person legally. competent to acl on 
his behalf may exercise the powers conferred uporf an owner by section 
10 
App1icatlOt1 of 8. 
endowment 10 rep,3ir 
a prolected 
monument 
Failure or ,efuoal to 
&nt(Himoan 
agreement. 
9. 
Power to mal<~ orde( 10. 
prohibiting 
conlravontion ot 
agreement undo, 
section 6. 
(2) In the case of village property. the headman or the village-officer 
exercising powers of management over such property may exercise the 
powers conferred upon any owner by section 6. 
(3) Nothing In this section shall be deemed to empower any person not 
being of the same religion as the person on whose behalf he is acting to 
make or execute an agreement relating to a protected monument which 
or any part of which Is periodically used for the religious worship or 
observances of that religion. 
(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 into such an agreement, and if any endowment has 
been created for the purpose of keeping such monument in repair or for 
that purpose among others, the Central Government may institute a suit 
in the court of the district judge. or. if the estimated cost of repairing the 
monument does not exceed one thousand rupees, may make an 
application to the district judge, for the proper application of such 
endowment or part thereof. 
(2) On the hearing of an application under sub-section (1), the district judge 
may summon and examine the owner and any person whose evidence 
appears to him necessary and may pass an order for the proper 
application of the endowment or of any part thereof, and any such order 
may be executed as if it were a decree of a civil court. 
(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 into such an agreement, the Central Government may 
make an order providing for all or any of the matters specified in sub­
section (2) of section 6 and such order shall be binding on the owner or 
such other person and on every person claiming title to the monument 
from, through or under, the owner or such other person. 
(2) where an order made under sub-section (1) provides that the monument 
shall be maintained by the owner or other person competent to enter 
into an agreement, all reasonable expenses for the maintenance of the 
monument shall be payable by the Central Government. 
(3) no order under subsection (1) shall be made unless the owner or other 
person has been given an opportunity of making a representation in 
writing against the proposed order. 
(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 monument or to build on or near the site thereof In 
contravention of the terms of an agreement under section 6, the 
Director-General may, after giving the owner or occupier an opportunity 
of making a representation in writing, make an order prohibiting any 
such contravention of the agreement: 
Provided that no such opportunity may be given in any case where 
the Director-General, for reasons to be recorded, is satisfied that it is 
not expedient or practicable to do so. 
11 
(2) Any person aggrieved by an order under this section may appeal to the 
Central Government within such time and in such manner as may be 
prescribed and the decision of the Central government shall be final. 
Enforcement cf 
agreement 
11. (1) If an owner or other person who is bound by an agreement for the 
Puroh(lsesat certain 12. 
sales and persons 
clalmlno lh(OUQh 
owner bound by 
instrument ~xecuted 
by owner 
Acquisition of 13. 
protected 
monuments. 
1 of 1884 
IMainlenanc;eof 14. 
cortain prolecte-d 
monvmens 
Voluntary 
oon1,lbo1lot1s 
15. 
maintenance of a monument under section 6 refuses or fails within such 
reasonable time as the Director-General may fix, to do any act which In 
the opinion of the Director-General is necessary for the maintenance of 
the monument, the Director-General may authorise any person to do 
any such act, and the owner or other person shall be liable to pay the 
expenses of doing any such act or such portion of the expenses as the 
owner may be liable to pay under the agreement. 
(2) If any dispute arises regarding the amount of expenses payable by the 
owner or other person under sub-section (1), It shall be referred to the 
Central Government whose decision shall be final. 
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 any Instrument has been executed by the owner for the 
time being under section 5 or section 6, and every person claiming any 
title to a monument from, through or under, an owner who executed any 
such instrument. shall be bound by such instrument. 
If the Central Government apprehends that a protected monument is in 
danger of being destroyed, injured, misused, or allowed to fall into decay. 
it may acquire the protected monument under provisions of the Land 
Acquisition Act. 1894 as if the maintenance of the protected monument 
were a public purpose within the meaning of that Act. 
(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 section 5 have been acquired. 
(2) when the Director-General has assumed the guardianship of a 
monument under section 5, 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 he may consider necessary or 
desirable for the mainlenance thereof. 
The Director General may receive voluntary contributions towards the 
cost of maintaining a protected monument and may give orders as to 
the management and application of any funds so received by him: 
Provided that no contribution received under this section shall be 
applied lo any purpose other than the purpose for which It was 
contributed. 
P,otoction or place or 16. (1) A protected monument maintained by the Central Government under 
12 
wo,shlp from mtsuse, 
pollution or 
clese<::ratlon this Act which is a place of worship or shrine shall not be used for any 
purpose inconsistent with its character. 
(2) Where the Central Government has acquired a protected monument 
under section 13, or where the Director.General has purchased, or 
taken a lease or accepted a gitt or bequest or assumed guardianship of 
a protected monument under section 5, and such monument or any part 
thereof Is used for religious worship or observances by any community, 
the Collector shall make due provisions for the protection of such 
monument or parl thereof, from pollution or desecratlon-
(a) by prohibiting the entry therein except in accordance with the 
conditions prescribed with the concurrence of the persons, if any, 
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, 
Relinquishmonl ot 
GO'lemment rights In 
a moflumcnt. 
17. With the sanction of the Central Government, the Oirector•General may-
Right of access to 18. 
i)rotecied monument 
Restrictions Of\ 19. 
enjoyment of property 
rigllts In pro!ected 
areas, 
(a) Where the rights have been acquired by the Director-General in 
respect of any monument under this Act by virtue of any sale, 
lease. gift or will, relinquish, by notification In the Official Gazette, 
the rights so acquired to the person who would for the time being 
be the owner 01 tne monument if such rights had not been acquired; 
or 
(b) relinquish any guardianship of a monument, which he has assumed 
under this Act. 
Subject to any rules made under this Act, the public shall have a right of 
access to any protected monument. 
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, excavating, blasting or any operation of a like nature in such 
area, or utilise such area or any part thereof in any other manner without 
the permission of the Central Government: 
Provided that nothing in this sub-section shall be deemed to 
prohibit the use of any such area or part thereof for purposes of 
cultivation if such cultivation does not involve the digging of not more 
than one foot of soil from the surface. 
(2) The Cenfral Government may, by order, direct that any building 
constructed by any person within a protected area in contravention of 
the provisions of sub-section (1) shall be removed within a specified 
period and, if the person refuses or fails to comply with the order, the 
Collector may cause the building to be removed and the person shall be 
liable to pay the cost of such removal. 
13 
Power to acq:.iite a, 
i:>rotectod afea 
1 Q! 1894 
Dectar31ion of 
prohibited aroa and 
c3rryh'19 out public. 
YIOrk or other wor1cs 
In prohibited area,. 
20. 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 such area under the provisions of the Land Acquisition Act. 1894, 
as ii the acquisition were for a public purpose within the making of that Act. 
"PROHIBITED ANO REGULA TED AREAS 
20A. Every area, beginning at the llmil of the protected area or the 
protected monument, as the case may be, and extending to a 
distance of one hundred metres In all directions shall be the 
prohibited area in respect of such protected area or protected 
monument : 
Provided that the Central Government may, on the recommendation of 
the Authority , by notification In the Official Ga%ette, specify an area 
more than one hundred metres to be the prohibited area having regard 
to the classification of any protected monument or protected area, as 
the case may be, under section 4A. 
(2) Save as otherwise provided in section 20C, no person, other than 
an archaeological officer, shall carry out any construction in any 
proh ibited area, 
(3) In a case where the Central Government or the Director-General , as 
the case may be, Is satisfied that- (a) it is necessary or expedient for 
carrying out such public work or any project essential to the 
public; or 
(b) such other work or project, in its opinion, shall not have any 
substantial adverse impact on the preservation, safety, security of, or, 
access to, the monument or its immediate surrounding, 
It or he may, notwithstanding anything contained In sub-section (2), in 
exceptional cases and having regard to the public Interest, by order 
and for reasons to be recorded In writing, permit, such public work or 
project essential to the public or other constructions, to be carried out 
In a prohibited area: 
Provided that any area near any protected monument or Its adjoining 
area declared, during the period beginning on or after the 16th day of 
June; 1992 but ending before the date on which the Ancient 
Monuments and Archaeological Sites and Remains (Amendment and 
Validation) Bill, 2010, receives the assent of the President, as a 
prohibited area in respect of such protected monument, shall be 
deemed to be the prohibited area declared in respect of that protected 
monument in accordance with the provisions of this Act and any 
permission or licence granted by the Central Government or the 
Director-General , as the case may be, for the construction with in the 
prohibited area on the basis of the recommendation of the Expert 
Advisory Committee, shall be deemed to have been validly granted In 
accordance with the provisions of this Act, as If this section had been 
in force at all material times: 
Provided further that nothing contained in the first proviso shall apply 
to any permission granted , subsequent to the completion of 
construction or re-construction of any bulldlng or structure in any 
14 
Amondmont of 
section 20A. 
lnsortlon of new 
so<;:lion 208. 
Ooclaratlon of 
,cgulated area in 
"lSPOCt of every 
protec:ted 
monument. 
I nscrtion or new 
scctfons 2(lC, 200, 
ZOE, ?OF, ZOG, ?OH. 
Zft.J, 20.1, 20K; 201., 
20M, ?ON, 20-0, 20P 
•ncl 20Q. 
ApplicaCion 
for l'CIJllir '0( 
rcn<W1Hio11 In, 
pl'ohibited 
ftrtA, or 
construction 
or, r-e~constroction 
or re-pail· or 
prohibited area in pursuance of the notification of the Government of 
India in the Department of Culture (Archaeological Survey of India) 
number s.o. 1764, dated the 16th June, 1992 issued under rule 34 of the 
Ancient Monuments and Archaeological Sites and Remains Rules, 
1959, or, wllhout having obtained the recommendations of the 
Committee constituted in pursuance of the order of the Government of 
India number 24I22I2006-M, dated the 20th July, 2006 
(subsequently referred to as the Expert Advisory Committee in orders 
dated the 27th August , 2008 and the 5thMay , 2009).". 
"(4) No permission, referred to in sub-section (3), including carrying 
out any public work or project essential to the public or other 
constructions, shall be granted In any prohibited area on and after the 
date on which the Ancient Monuments and Archaeological Sites and 
Remains (Amendment and Validation) BIii , 20 I O receives the assent of 
the President." 
"20B. Every area, beginning at the limit of prohibl,ed area In respect of 
every ancient monument and archaeological' site and remains, 
declared as of national importance under sections 3 and 4 and 
extending to a distance of two hundred metres In all directions shall be 
the regulated area in respect of every ancient monument and 
archaeological site and remains: 
Provided that the Central Government may, by notification In the 
Official Gazette, specify an area more than two hundred metres to be 
the regulated area having regard to the classification of any protected 
monument or protected area., as the case may be, under section 4A: 
Provided further that any area near any protected monument or its 
adjoining area declared, during the period beginning on or after the 
16th day of June, 1992 but ending before the .date on which the 
Ancient Monuments and Archaeological Sites and Remains 
(Amendment and Validation) Bill, 20 I 0, receives the assent of the 
President, as a regulated area In respect of such protected monument, 
shall be deemed to be the regulated area declared In respect of that 
protected monument In accordance with the provisions of this Act and 
any permission or licence granted for construction In such regulated 
area shall , be deemed to have been validly granted in accordance with 
the provisions of this Act, as if this section had been In force at all 
material times.". 
'20C. (I} Any person , who owns any buildlng or structure, which 
existed In a prohibited area before the 16th day of June, 1992, or, 
which had been subsequently constructed with the approval of tho 
Director-General and desires to carry out any repair or renovation of 
such building or structure, may make an application to the competent 
authority for carrying out such repair or renovation, as the case may 
be: 
(2) Any person, who owns or possesses any building or structure or 
land In any regulated area, and desires to carry out any construction 
or re-construction or repair or renovation of such building or structure 
on such land, as the case may be, may make an application to the 
15 
rcoo"•a1ia11 in 
rcRulatcd Arca, 
cr1111r of permission 
hy rompcicni 
~ulhority within 
regulated im:n. 
Grant of p-ermission 
by Comp8tent 
Autho r'ity wlthlo 
,cgulatod aroa. 
competent authority for carrying out construction or re-construction 
or repair or renovation, as the case may be. 
GRANT OF PERMISSION BY COMPETENT AUTHORITY 
20D. (1) Every application for grant of permission under section 20C of 
this Act shall be made to the competent authority in such manner as 
may be prescribed . 
(2) The competent authority shall, within fifteen days of the receipt of 
the application, forward the same to the Authority to consider and 
Intimate Impact of such construct ion (Including the Impact of large­
scale development project, public project and project essential to the 
public) having regard to the heritage to the heritage bye-laws relating 
to concerned protected monument or protected area, as the case may 
be: 
Provided that the Central Government may presc ribe the category of 
applicat ions in respect of which the permission may be granted under 
this sub-section and the application wh ich shall be referred to the 
Authority for its recommendations. 
(3) The Authority shall, within two months from the date of receipt of 
~ppllc3tion 1,1ndAr i:;;uh-ir.Ar.tlon (2), intimate to the competent authority 
impact of such construction (Including the Impact of large-scale 
development project, public project and project essentia l to the public). 
(4) The competent authority shall, within one month of the receipt of 
intimation from the Authority under sub-section (3), either grant 
permission or refuse the same as so recommended by the Authority .. 
(5) The recommendations of the Authority shall be final. 
(6) In case the competent authority refuses to grant permission under 
this section , It shall , by order In writing, after giving an opportunity to 
the concerned person, intimate such refusal within three months from 
the date of receipt of the application to the applicant, the Central 
Government and the Authority . 
(7) If the competent authority, after grant of the permission under sub• 
section (4) and during the carrying out of the repair or renovation work 
or re-construct ion of building or construction referred to in that sub• 
section, Is of the opinion (on the basis of material In his possession or 
otherw ise) that such repa ir or renovation work or reconstruction of 
building or construction Is likely to have an adverse Impact on the 
preservation, safety , security or access to the monument cons iderably, 
It may r11fer the same to the Authority for Its recommend ations and If 
so recommended, withdraw the permiss ion granted under sub-section 
(4) If so required: 
Provided that the competent authority may, In exceptional cases, with 
16 
He,ilage bye-laws 
2 of 1882 
Constitution of 
National Monuments: 
Authority 
the approval of the Authority grant permiss ion to the applicant referred 
to In sub-section (2) of section 20C until the heritage bye-laws have 
been prepared under sub-section (1) of section 20E and published 
under sub-section (7) of that section. 
(8) The Central Government, or the Director-General, as the case may 
be, shall exhibit , on their webs ite, all the permissions granted or 
refused under this Act. 
20E. (1) The competent authority , In consulta tion with Indian National 
Trust for Arts and Cultural Heritage, being a trust registered under the 
Indian Trusts Act, 1882, or such other expert heritage bod ies as may be 
notified by the Central Government, shall prepare heritage bye-laws in 
respect of each protected monument and protected area. 
(2) The herit age bye-laws referred to in sub-sect ion (/) shall, in addition 
to such matters as may be presc ribed, Include matters relatlng to 
heritage controls such as elevations, facades, drainage systems, roads 
and service Infrastructure (Including electric poles, water and sewer 
pipelines). 
(3) The Central Government shall, by rules, specify the manner of 
preparation , of detailed site plans In respect of each protected area or 
protected monument or prohibited area or regu lated area, the time 
within which such heritage bye-laws shall be prepared arid particulars 
to be Included In each such heritage bye-laws, 
(4) The competent authority for the purpose of preparation of detailed 
site plans and heritage bye-laws may appoint such number of experts 
or consultants, . as It may deem fit. 
(5) A copy of each of the heritage bye-laws prepared under sub-section 
(1) sha ll be forwarded to the Author ity for Its approval. 
(6) A copy of the heritage bye-laws as approved by the Authority unde r 
sub- sectio n (5) shall be laid before each House of Parliament. 
(7) Each heritage bye-laws shall, be made available by the competent 
authority to the public, by exhibiting the same or. its website and also 
In such other manner as It may deem flt, lmmedlately after laying the 
same before each House of Parliament. 
NATIONAL MONUMENTS AUTHORITY 
20F, (1) The Central Government shall, by notification in the Official 
Gazette, constitute an Authority to be called as the Nationa l 
Monuments Authority . 
(2) The Authority shall consist of,. 
(a) a Chairperson, on whole-time basis , to· be appointed by the 
President, having proven exper ience and expert ise in the fields of 
archaeology, country and town planning, architecture , heritage, 
conservation-arch itecture or law; 
(b) such number of members not exceeding five whole -time members 
and five part.time members to be appointed , on the recommendation of 
the Selection Committee referred to in section 20G, by the Central 
Government, having proven experience and expertise In the fields of 
archaeology , country and town planning, architecture , heritage, 
conservation-architecture or law; 
17 
Saloctlon Commltl(le 
for selection of 
membats of 
Authority , 
(c) the Director-General as member, ex officio . 
(3) The tenure of the whole-time Chairperson or every whole-time 
member and every part-time member, of the Authority shall be three 
years from the date on which he assumes office as such and shall not 
be eligible for re-appointment: 
Provided that, save as otherwise provided In clause (c) of sub-section 
(2), any person who has held any post in the Archaeological Survey of 
India or in the Ministry of Culture of the Government of India or a State 
Govern men! or has not been found fit 
to be considered for being appointed to any such post shall, not be 
eligible to be appointed as the Chairperson or a member of the 
Authority: 
Provided further that any person, who had either been granted a 
permission or licence or refused any such permission or refused grant 
of a licence or any person or any of his relative having any Interest in a 
prohibited area or a regulated area shall not 
be eligible to be appointed as a Ct\airperson or member. 
Exptanation.-Forthe purposes of this section, "relative" means 
(i) spouse of the Chairperson or member of the Authority; 
(II) brother or sister of the Chairperson or member of 
the Authority; (Ill) brother or sister of the spouse of 
the Chairperson or member of the Authority; 
(iv) brother or sister of either of the parents of tin, 
Chairperson or member of the Authority; 
(v) any lineal ascendant or descendant of the Chairperson or 
member of,) c the Authority; 
(vi) any lineal ascendant or descendant of the spouse of 
the Chairperson or member of the Authority; 
(vii) spouse of the person referred to In clauses (ii) to (vi); 
(4) An officer, not below the rank of Joint Secretary to the Government 
of India, shall be the Member Secretary of the Authority. 
(5) The Central Government sh.ill provide such number of officers and 
other employees as may be necessary for discharge of functions by 
the Authority under this Act. 
20G. (1) Every whole-time member and every part-time member of the 
Authority shall be selected by a Selection Committee consisting of the 
following persons, namely:-
(aJ Cabinet Secretary• Chairperson, ex officio; 
(b) Secretary In the Ministry of Culture -member, ex officio; 
(c) Secretary In the Ministry of Urban development- member, 
ex officio. 35 
(d) three experts, having proven experience and expertise In 
the fields of 
archaeology, architecture, heritage or conservation ­
architecture to be nominated by the Central Government. 
(2) The Selection Committee referred to In sub-section (1) shall 
18 
Sil:,ry. allowances 
and meeting, of 
Authority. 
Functions and 
powers of Authority. 
5 of 1908 
Removal of 
Chairporsor, and 
members. 
regulate its own procedure for the purposes of selecting whole-time 
members and part-time members of the Authority. 
20H. (1) The salaries and allowances payable to the whole-time 
Chairperson and whole-time members, and the other terms and 
conditions of their service or fees or allowances payable to the part­
time members, of the Authority shall be such as may be prescribed: 
Provided that neither the salary and allowances nor the other terms 
and conditions of service of the whole-time Chairperson and whole ­
time members shall be varied to their disadvantage after their 
appointment. 
(2) The Authority shall regulate Its own procedure for the purposes of 
holding its meetings (including quorum of such meetings) and 
granting permissions under this Act. 
(3) All the decisions of the Authority shall be published in such 
manner as it may decide and also on Its own website and on the 
website of the Central Government. 
20-1. (1) The Authority shall exercise or discharge the following powers 
or functions, namely:-:-
(a) make recommendations to the Central Government for grading and 
classifying protected monuments and protected areas declared as of 
national Importance under sections 3 and 4, before the commencement 
of the Ancient Monuments and Archaeological Sites and Remains 
(Amendment and Valldatlon) Act, 2010; 
(b) make recormmmdatiun& lo the Central Government for grading and 
classifying protected monuments and protected areas which may be 
declared after the commencement of the Ancient Monuments and 
Archaeological Sites and Remains (Amendment and Valldatlon) Act, 
201 O_, as of national Importance under section 4; 
(c) oversee the working of the competent authorities; 
(d) to suggest measures for implementation of the provisions of 
the Act; 
(e) to consider the Impact of large-scale developmental projects, 
including public projects and projects essential to the public which 
may be proposed In the regulated areas and make recommendations in 
respect thereof to the competent authority; ' 
(f) to make recommendations to the competent authority for grant 
of permission. 
(2) The Authority shall, for the purpose of discharging functions under 
this Act, have the same powers as are vested in a civil court under the 
Code of Civil Procedure, 1908 when trying a suit.' In respect of the 
following mattets, namely:- ·· 
(a) summoning and enforcing the attendance of any person and 
examining him on oath; 
(b) requiring the discovery and production of documents; (c) any other 
matter which may be prescribed. 
(c) any other matter which may be prescribed . 
20J. (1) Notwithstanding anything contained in sub-section (3) of 
section 20F, the President in the case of the Chairperson and the 
Central Government In the case of whole-time member and part•tlme 
19 
Rostrl<:tlon on future 
employment by 
Chalrporson and 
members. 
Power of Central 
Government to 
i5sue directions to 
Competent 
Authority. 
Power of Central 
Government to 
ruuo direction• to 
Authority. 
Power of Central 
Government to 
lssuo suporsodo 
Authority, 
member may, by order , remove from office, the Chairperson or any 
such member of the Authority, If he-
(a) has been adjudged an insolvent; or 
(b) has been convicted of an offence which, In the opinion of 
the Central Government, Involves moral turpitude; or 
(c) has become physically or mentally Incapable of acting as 
Chairperson or member; or 
(d) has acquired such financial or other interests as is likely 
to affect prejudicially his functions; or 
(e) has so abused his position as to render his continuance 
in office prejudicial to the public Interest. 
(2) The Chairperson or any member of the Authority shall not be 
removed under clauses (d) and (e) of sub-section (1) unless he has 
been given a reasonable opportunity, of being heard In the matter, 
20K. On ceasing to hold office, the Chairperson or whole-time member 
of the Authority, as the case may be, shall, subject to the provisions of 
this Act, be Ineligible , for a period of five years from the date on which 
they cease to hold office, for further employment (including as 
consultant or expert or otherwise) In any institution, agency or 
organization of any nature mainly dealing with archaeology, country 
and town planning, architecture, heritage and conservation­
architecture or whole matters had been before the Chairperson or 
5uc.h member . 
20l. (I) Without prejudice to the foregoing provisions of this Act, the 
Authority shall, In exercise of its powers or the discharge of Its 
functions under this Act, be bound by such directions on question of 
policy, other than those relating to technical and administrative 
matters, as the Central Government may give in writing to it from time 
to time: 
Provided that the Authority shall, as far as practicable, be given an 
opportunity to express its views before any direction is given under 
this sub-section. 
(2) The decision of the Central Government, whether a question is 
one of policy or not, shall be final. 
20M. Without prejudice to the foregoing provisions of this Act, the 
competent authority shall, in exercise of its powers or the discharge 
of Its functions under this Act, be bound by such directions, as the 
Central Government may give In writing to II from time to time. 
20N. (/) If, at any time the Central Government is of the oplnlon,-
(a) that, on account of circumstances beyond the control of the 
Authority, it is unable to discharge the functions or perform the duties 
imposed on it by or under the provisions of this Act; or 
(b) that the Authority has persistently defaulted in complying with any 
direction given by the Central Government under this Act or in the 
discharge of the functions or performance of the duties Imposed on it 
by or under the provisions of this Act and as a result of such default 
20 
Bar of jurl&dlGUon o f 
clvil covrt, 
Annual report. 
the financ ial pos ition of the Authority or the administration of the 
Authority has suffered ; or (c) that circumstance s exist wh ich r~nder it 
necessary in the public interest 
so to do, the Central Government may, by notification in the Official 
Ga~ette, supersede the Authority for such period, not exceeding six 
months , as may be specified In the notification and appoint a person or 
persons as the President may direct to exerc ise powers and discharge 
functions under this Act: 
Provided that before issuing any such notification, the Central 
Government shall give a reasonable opportunity to the Allthority 
to make representations against 
the proposed supersession and shall consider the representations, If 
any, of the Authority . 
(2) Upon the publlcatlon of a notification under sub -section (/) 
superseding the Authority ,. 
(a) the Cha irp

Excerpt shown. Open the full act in Lexace.

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