The ANCIENT MONUMENTS PRESERVATION ACT, 1977 (1920 A.D. )

 ANCIENT MONUMENTSPRESERV ATION ACT, 1977(1920  A.D. )
Act No. V of Samvat 1977
98 ANCIENT MONUMENTS PRESERV A TION ACT, 1977 (1920 A.D.)
              ANCIENT MONUMENTS PRESERV A TION ACT, 1977 (1920 A.D.) 99
SECTION.
1. Short title, extent and commencement.
2. Definitions.
3. Protected monuments.
ANCIENT MONUMENTS
4. Acquisition of rights in or guardianship of an ancient monument.
5. Preservation of ancient monument by agreement.
6. Owners under disability or not in possession.
7. Enforcement of agreement.
8. Purchasers at certain sales and persons claiming through owner bound
by instrument executed by owner.
9. Application of endowment to repair of an ancient monument.
10. Compulsory purchase of ancient monuments.
10-A. Power of Government to control mining etc. near ancient monuments.
10-B. Prohibited and regulated area.
10-C. Construction in and around monument.
11. Maintenance of certain protected monuments.
12. Voluntary contributions.
13. Protection of place of worship from misuse pollution or desecration.
14. Relinquishment of Government rights in a monuments.
15. Right of access to certain protected monuments.
THE ANCIENT MONUMENTS PRESERV ATION ACT, 1977
(1920  A.D. )
(Act No. V of Samvat 1977)
CONTENTS
100 ANCIENT MONUMENTS PRESERV A TION ACT, 1977 (1920 A.D.)
–––––––
SECTION.
16. Penalties.
TRAFFIC IN ANTIQUITIES
17. Power of Government to control traffic in antiquities.
PROTECTION OF SCULPTURES, CARVINGS IMAGES, BASRELIEFS
INSCRIPTIONS OR LIKE OBJECTS
18. Power of Government to control moving of sculptures, carvings or
like objects.
19. Purchase of sculptures, carvings or like objects by the Government.
EXCA V ATIONS
20. Power of Government to notify areas as protected.
20-A. Power to enter upon and make excavation in a protected area.
20-B. Power of Government to make rules regulating archaeo-logical
excavation in protected area.
20-C. Power to acquire a protected area.
21. Assessment of market value or compensation.
22. Jurisdiction.
23. Power to make rules.
24. Protection to public servants acting under Act.
              ANCIENT MONUMENTS PRESERV A TION ACT, 1977 (1920 A.D.) 101
THE ANCIENT MONUMENTS PRESERVATION ACT, 1977
(1920 A.D.)
(Act No. V of Samvat 1977)
[Sanctioned by His Highness the Maharaja Sahib Bahadur per chief
Minister’s endorsement No. 8372, dated 11th September, 1920 read with State
Council Resolution No. 1 dated 8th April, 1925, (Notification No. 14-L/81)]
An Act to provide for preservation of Ancient Monuments and of objects of
archaeological, historical or artistic interest.
Whereas it is expedient to provide for the preservation of ancient
monuments, for the exercise of control over traffic in antiquities and over
excavation in certain places, and for the protection and acquisition in certain
cases of ancient monuments and of objects of archaeological, historical or
artistic interest; it is hereby enacted as follows:__
1. Short Title, extent and commencement.––(1) This Act may be called
the Jammu and Kashmir Ancient Monuments Preservation Act, 1977.
(2)  It extends to the whole of Jammu and Kashmir *State. It shall come
into force on the 1st day of Baisakh, 1978.
2. Definitions. –– In this Act, unless there is anything repugnant in
subject or context––
(1) “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 1[and has been in existence
for not less than one hundred years], 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 otherwise preserving such monument ; and
* Now Union territory.
1. Inserted by Act No. XXV of 2010, s. 3, w.e.f. 25.10.2010.
102 ANCIENT MONUMENTS PRESERV A TION ACT, 1977 (1920 A.D.)
(c) the means of access to and convenient inspection of
an ancient monument ;
(2) “Antiquities” include any movable objects which the
Government, by reason of their historical or archaeological
associations, may think it necessary to protect against injury,
removal or dispersion ;
1[(3) “Archaeological Officer” means any officer of the
Archaeology Department, not below the rank of Deputy
Director ;
(3A) “construction” means any erection of a structure or a building,
including any addition or extension thereto, either vertically
or horizontally but does not include any reconstruction, repair
or renovation of an existing structure or building or,
construction, maintenance and cleansing of drains or
drainage works or public latrines, urinals and similar
conveniences, or, the construction and maintenance of works
meant for providing supply of water for public, or the
construction, maintenance, extension and management for
supply and distribution of electricity to the public, or
provision for similar facilities for public ;]
(4) “maintain” and “maintenance”, include the fencing, covering
in, repairing 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 thereto ;
(5) “land” includes a revenue-free estate, a revenue paying estate
and a permanent transferable tenure whether such estate or
tenure be subject to incumbrance, or not ;
(5-a) “Minister” means the Minister-in-charge of the
Archaeological Department ; and
(6) “owner” includes 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
1. Clauses (3) and (3A) inserted by Act No. XXV of 2010, s.3, w.e.f. 25.10.2010.
              ANCIENT MONUMENTS PRESERV A TION ACT, 1977 (1920 A.D.) 103
an ancient monument, and the successor in title of any such
owner and the successor in office of any such manager or
trustee :
Provided that nothing in this Act shall be deemed to
extend the powers which may be exercised by such manager
or trustee ;
1[(7) “prescribed” means prescribed by rules framed under this
Act ; and
(8) “State Protected Monument” means any monument declared
to be protected under this Act.]
3. Protected monument. ––(1) The 2[Government] may, by notification
in the Government 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 place on or near the monument, together with an
intimation that any objections to the issue of the notification received by 2[the
Government] within two months from the date when it is so fixed up will be
taken into consideration.
(3) On the expiry of the said period of two months, 2[the Government]
after consideration the objections, if any, shall confirm or withdraw the
notification.
(4) A notification published under this section shall, unless and until
it is withdrawn, be conclusive evidence of the fact that the monument to which
it relates is an ancient monument within the meaning of this Act.
4. Acquisition of rights in or guardianship of an ancient monument. ––
(1) The 3[Director, Archaeology], with the sanction of the 2[Government,] may
purchase or take a lease of any protected monument.
(2) The 3[Director, Archaeology], with the like sanction, may accept a
gift or bequest of any protected monument.
1. Clause (7) inserted by Act No. XXV of 2010, s.3, w.e.f. 25.10.2010.
2. Substituted for “Minister” by Act No. X of Samvat 1996.
1. Substituted for the words “Superintendent of Archaeology” by Act No. XXV of 2010, s. 2.
104 ANCIENT MONUMENTS PRESERV A TION ACT, 1977 (1920 A.D.)
(3) The owner of any protected monument may, by written instrument,
constitute the 1[Director, Archaeology] the guardian of the monument, and the
Minister may, with the sanction of the Government accept such guardianship.
(4) When the 1[Director, Archaeology] 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 2[Director, Archaeology] had not been constituted guardian
thereof.
(5) When the 1[Director, Archaeology] has accepted the guardianship
of a monument under sub-section (3), the provisions of this Act relating to
agreements executed under section 5 shall apply to the written instrument
executed under the said sub-section.
(6) Where a protected monument is without an owner, the 1[Director,
Archaeology] 3[may, with the prior sanction of the Government, assume] the
guardianship of the monument.
5. Preservation of ancient monument by agreement. __ (1) The
2[Director, Archaeology] may, with the previous sanction of 4[the Government]
propose to the owner to enter into an agreement with 4{5[the Government},
within a specific period, for the preservation] of any protected monument.
(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) 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 to destroy, remove, alter
or deface the monument or to build on or near the site of the
monument ;
1. Substituted for the words “Minister” by Act No. XXV of 2010, s. 4.
2. Substituted for the words “Superintendent of Archaeology” ibid, s. 2.
3. Substituted for the words “may assume” ibid, s. 4.
4. Substituted for “Minister” by Act No. X of Samvat 1996.
5.  Substituted for the words “Government for the preservation” by Act No. XXV of 2010, s.5.
              ANCIENT MONUMENTS PRESERV A TION ACT, 1977 (1920 A.D.) 105
(d) the facilities of access to be permitted to the public or to any
portion of the public and to persons deputed by the owner or
the 1[Director, Archaeology] to inspect or maintain the
monument ;
(e) the notice to be given to the Government in case the land on
which the monument is situated is offered for sale by the
owner, and the right to be reserved to the Government to
purchase 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 the
Government in connection with the preservation of the
monument ;
(g) the proprietary or other rights which are to vest in 2[the
Government] in respect of the monument when any expenses
are incurred by the Government in connection with the
preservation 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 preservation of the monument
which is a proper subject of agreement between the owner
and the Government.
(3) An agreement under this section may be executed by the 1[Director,
Archaeology] on behalf of  2[the Government] but shall not be so executed
until it has been approved by 2[the Government.]
3[(3-A) If any owner or other person competent to enter into an
agreement under sub-section (2) for the maintenance of protected monument
refuses or fails to enter into any such agreement within the specified time, the
Government on the motion of Director, Archaeology, may make an order providing
for all or any of the matters specified in sub-section (2) 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.]
1. Substituted for the words “Superintendent of Archaeology” by Act No. XXV of 2010, s.2.
2. Substituted for “His Highness” by Act No. X of Samvat 1996.
3. Sub-section (3-A) inserted by Act No. XXV of 2010, s.5, w.e.f. 25.10.2010.
106 ANCIENT MONUMENTS PRESERV A TION ACT, 1977 (1920 A.D.)
(4) The terms of an agreement under this section may be altered from
time to time with the sanction of  1[the Government] and with the consent of the
owner.
(5) With the previous sanction of 1[the Government the 2[Director,
Archaeology] may terminate an agreement under 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 the 2[Director, Archaeology] 3[:]
3[Provided that where the agreement is terminated by the owner, he
shall pay to the Government, the expenses, if any, incurred by the Government
on the maintenance of the monument during the five years immediately
preceding the termination of the agreement or, if the agreement has been in
force for a shorter period, during the period the agreement was in force.]
(7) An agreement under this section shall be binding on any person
claiming to be owner of the monument to which it relates, through or under a
party by whom or on whose behalf the agreement was executed.
(8) Any rights acquired by Government in respect of expenses incurred
in protecting or preserving a monument shall not be effected by the termination
of an agreement under this section.
6. Owner under disability or not in possession. ––(1) If the owner is
unable, by reason of infancy or other disability, to act for himself, the person
legally competent to act on his behalf may exercise the powers conferred upon
an owner by section 5.
(2) In the case of village property, the headman or other village officer
exercising powers of management over such property may exercise the powers
conferred upon an owner by section 5.
(3) Nothing in this section shall be deemed to empower any person
not being of the same religion as the persons on whose behalf he is acting to
make or execute an agreement relating to a protected monument which or any
1. Substituted for “His Highness” by Act No. X of Samvat 1996.
2. Substituted for the words “Superintendent of Archaeology” by Act No. XXV of 2010, s.2.
3. Full stop substituted by colon and thereafter proviso added ibid.
              ANCIENT MONUMENTS PRESERV A TION ACT, 1977 (1920 A.D.) 107
part of which is periodically used for the religious worship or observances of
that religion.
7. Enforcement of agreement. ––(1) If the 1[Director, Archaeology]
apprehends that the owner or occupier of a monument intends to destroy,
remove, alter, deface or imperil the monument or to build on or near the site
thereof in contravention of the terms of an agreement for its preservation
under section 5, the 2[Deputy Commissioner] on the motion of the 1[Director,
Archaeology] may make an order prohibiting any such contravention of the
agreement.
(2) If an owner or other person who is bound by an agreement for the
preservation or maintenance of a monument under section 5, refuses to do any
act which is in the opinion of the 1[Director, Archaeology] necessary to such
preservation or maintenance, or neglects to do any such act within such
reasonable time as may be fixed by the 1[Director, Archaeology], the 1[Director,
Archaeology], may authorise any person to do any such act, and the expense
of doing any such act or such portion of the expense as the owner may be
liable to pay under the agreement may be recovered from the owner as if it were
an arrear of land revenue.
(3) A person aggrieved by an order made under this section may appeal
to the Minister, who may cancel or modify it and whose decision shall be final.
8. 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, an estate or tenure
in which is situated a monument in respect of which any instrument has been
executed by the owner for the time being, under section 4 or section 5, and
every person claiming any title to monument from, through or under an owner
who executed any such instrument, shall be bound by such instrument.
9. Application of endowment to repair of an ancient monument. ––
(1) If any owner or other person competent to enter into an agreement under
section 5 for the preservation of a protected monument, refuses or fails to
enter into him by the 1[Director, Archaeology], and if any endowment has been
created for the purpose of keeping such monument in repair or for that purpose
1. Substituted for the words “Superintendent of Archaeology” by Act No. XXV of 2010, s.2.2. Substituted for “Governor” by Act No. X of Samvat 2010.
108 ANCIENT MONUMENTS PRESERV A TION ACT, 1977 (1920 A.D.)
among others, the 1[Director, Archaeology] may institute a suit in the Court of
the District Judge, or, if the estimated cost of repairing the monument does not
exceed 2[one lakh 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 the decree of a Civil Court.
10. Compulsory purchase of ancient monument. ––(1) If  3[the
Government] apprehends that a protected monument is in danger of being
destroyed, injured or allowed to fall into decay, 3[the Government] may proceed
to acquire it under the provisions of the Land Acquisition Act, as if the
preservation of a protected monument were a “public purpose” within the
meaning of that Act.
(2) The powers of compulsory purchase conferred by sub-section (1)
shall not be exercised in the case of––
(a) any monument which or any part of which is periodically
used for religious observances ; or
(b) any monument which is the subject of a subsisting agreement
executed under section 5.
(3) In any case other than the cases referred to in sub-section (2) the
said powers of compulsory purchase shall not be exercised unless the owner
or other person competent to enter into an agreement under section 5 has
failed, within such reasonable period as the 1[Director, Archaeology] may fix in
this behalf, to enter into an agreement proposed to him under the said section
or has terminated or given notice of his intention to terminate such an agreement.
4[10-A. Power of Government to control mining etc. near ancient
monuments.––(1) If the Government is of opinion that mining, quarrying,
excavating, blasting and other operations of a like nature should be restricted
1. Substituted for the words “Superintendent of Archaeology” by Act No. XXV of 2010, s. 2.
2. Substituted for “one thousand rupees” ibid, s. 6.
3. Substituted for “His Highness” by Act No. X of Samvat 1996.
4. Section 10-A inserted by Act No. I of Samvat 1996.
              ANCIENT MONUMENTS PRESERV A TION ACT, 1977 (1920 A.D.) 109
or regulated for the purpose of protecting or preserving any ancient
monument, the Government may, by notification in the *[Government Gazette],
make rules :––
(a) fixing, the boundaries of the area to which the rules are to
apply ;
(b) forbidding the carrying on of mining, quarrying, excavating,
blasting or any operation of a like nature except in accordance
with the rules and with the terms of a licence ;
1[(bb) prohibiting any person including the owner or occupiers of
the monument from constructing any building within the
protected area or utilising such area or any part thereof in
any manner without the permission of the Government ;] and
(c) prescribing the authority by which and the terms on which
licences may be granted to carry on any of the said operations.
(2) The power to make rules given by this section is subject to the
condition of the rules being made after previous publication.
(3) A rule made under this section may provide that any person
committing a breach thereof shall be punishable with fine which may extend to
2[fifty thousand rupees].
(4) If any person or occupier of land included in a notification under
sub-section (1) proves to the satisfaction of the Government that he has
sustained loss by reason of such land being so included, the Government shall
pay compensation in respect of such loss.]
3[(5) The Government may, by order, direct that any building constructed
by any person within a protected area in contravention of 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 Deputy Commissioner, on the motion of
Director, Archaeology may cause the building to be removed and the person
shall be liable to pay cost of such removal to be recovered as arrears of land
revenue.]
* Now Official Gazette.
1. Clause (bb) inserted by Act No. XXV of 2010, s. 7, w.e.f. 25.10.2010.
2. Substituted for the words “twenty thousand rupees” by S. O. 1229(E) dated 31.3.2020.
(For earlier amendment see Act XXV of 2010).
3. Sub-section (5) added by Act No. XXV of 2010, s. 7, w.e.f. 25.10.2010.
110 ANCIENT MONUMENTS PRESERV A TION ACT, 1977 (1920 A.D.)
1[10-B. Prohibited and regulated areas.–– Every area, beginning at
the limit of the protected area or the protected monument, as the case may be,
and extending to a distance of 100 metres in all directions shall be the prohibited
area in respect of such protected area or protected monument, both in respect
of protected monuments, declared as such or which are proposed to be declared
as such protected monument under section 3 :
Provided that the Government may on the recommendation of the
Director, Archaeology by notification in the official Gazette, specify an area
exceeding the distance of hundred metres to be the prohibited area.
10-C. Construction in and around protected monument.––No new
construction shall be allowed in and around the prohibited area, as specified
or declared under this Act :
Provided that the Government may, on the recommendation of the
Director, Archaeology and in the public interest, create public amenities in the
area.]
11. Maintenance of certain protected monuments. ––(1) The 2[Director,
Archaeology] shall maintain every monument in respect of which the
Government has acquired any of the rights mentioned in section 4 or which the
Government has acquired under section 10.
(2) When the 2[Director, Archaeology] has accepted the guardianship
of a monument under section 4, he shall, for the purpose of maintaining such
monument, have access to the monument at all reasonable times, by himself or
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 maintenance thereof.
12. Voluntary contributions.–– The 2[Director, Archaeology] 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 to any purpose other than the purpose for which it was contributed.
1. Sections 10-B and 10-C inserted by Act No. XXV of 2010, s. 8, w.e.f. 25.10.2010.
2. Substituted for the word “Minister” ibid, s. 9.
              ANCIENT MONUMENTS PRESERV A TION ACT, 1977 (1920 A.D.) 111
13. 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 1[Director, Archaeology] has, under section 4, purchased
or taken a lease of any protected monument, or has accepted a gift or bequest,
2[or has accepted] the guardianship thereof, and such monument, or any part
thereof is periodically used for religious worship or observances by any
community, the 1[Director, Archaeology] in consultation with the Deputy
Commissioner shall make due provision for the protection of such monument,
or such part thereof from pollution or desecration––
(a) by prohibiting the entry therein, except in accordance with
conditions 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.
14. Relinquishment of Government right in a monument.––3[The
Government] may––
(a) where rights have been acquired by Government in respect of
any monument under this Act by virtue of any sale, lease, gift
or will, relinquish the rights so acquired to the person who
would for the time being be the owner of the monument if such
rights had not been acquired ; or
(b) relinquish any guardianship of a monument which it has
accepted under this Act.
15. Right of access to certain protected monuments. ––(1) Subject to
such rules as may after previous publication be made by 3[the Government], the
public shall have a right of access to any monument maintained by the Government
under this Act.
1. Substituted for the words “Superintendent of Archaeology” by Act No. XXV of 2010, s. 2.
2. Substituted for certain words ibid, s. 10.
3. Substituted for “His Highness” by Act No. X of Samvat 1996.
112 ANCIENT MONUMENTS PRESERV A TION ACT, 1977 (1920 A.D.)
(2)  In making any rule under sub-section (1) 1[the Government] may
provide that a breach of it shall be punishable with fine which may extend to
2[fifty thousand rupees].
16. Penalties.–– Any person other than the owner who destroys,
removes, injures, alters, defaces or imperils, a protected monument, and any
owner who destroys, removes, injures, alters, defaces or imperils a monument
maintained by Government under this Act or in respect of which an agreement
has been executed under section 5, and any owner or occupier who contravenes
an order made under section 7, sub-section (1), shall be punishable with fine
which may extend to 3[fifty thousand rupees], or with imprisonment which may
extend to three months, or with both.
TRAFFIC IN ANTIQUITIES
17. Power of Government to control traffic in antiquities.––(1) If 2[the
Government] apprehends that antiquities are being sold or removed to the
detriment of the State or of any neighbouring country, it may, by notification in
the *[Government Gazette], prohibit or restrict the bringing or taking of any
antiquities or class of antiquities described in the notification into or out of the
State or any specified part of the State.
(2) Any persons who brings or takes or attempts to bring or take any
such antiquities into or out of the State or any part of the State in contravention
of a notification issued under sub-section (1), shall be punishable with fine
which may extend to 4[{fifty thousand rupees], or with imprisonment which
may extend to three months or with both}].
(3) Antiquities in respect of which an offence referred to in sub-section
(2) has been committed shall be liable to confiscation.
(4) A Revenue Officer not lower in rank than a Naib-Tehsildar, 5[an
Officer of Police not below the rank of Deputy Superintendent of Police or an
Officer of Archaeology Department not below the rank of Assistant Director],
* Now Official Gazette.
1. Substituted for “His Highness” by Act No. X of Samvat 1996.
2. Substituted for the words “one thousand rupees” by S. O. 1229(E) dated 31.3.2020. (For
earlier amendment see Act No. XXV of 2010, s. 11).
3. Substituted for the words “twenty thousand rupees” ibid. (For earlier amendment see Act
No. XXV of 2010, s. 12.
4. Substituted for the words “twenty thousand rupees” ibid. (For earlier amendment see Act
No. XXV of 2010, s. 13.)
5. Substituted for certain words by Act No. XXV of 2010.
              ANCIENT MONUMENTS PRESERV A TION ACT, 1977 (1920 A.D.) 113
duly empowered by 1[the Government] in this behalf, may search any vessel,
cart or other means of conveyance, and may open any baggage or package of
goods, if he has reasons to believe that goods in respect of which an offence
has been committed under sub-section (2) are contained therein.
(5) A person who complains that the power of search mentioned in
sub-section (4) has been vexatiously or improperly exercised may address his
complaint to 1[the Government] and 1[the Government] shall pass such order
and may award such compensation, if any, as appears to it to be just.
PROTECTION OF SCULPTURES, CARVINGS, IMAGES, BASRELIEFS,
INSCRIPTIONS OR LIKE OBJECTS
18. Power of Government to control moving of sculptures, carvings
or like objects. ––(1) If 2[the Government] consider that any sculptures,
carvings, images, bas-reliefs, inscriptions or other like objects ought not to be
moved from the place where they are without the sanction of the Government,
2[the Government] may, by notification in the *[Government Gazette], direct
that any such object or any class of such objects shall not be moved unless
with the written permission of the 3[Director, Archaeology].
(2) A person applying for the permission mentioned in sub-section (1)
shall specify the object or objects which he proposes to move, and shall furnish,
in regard to such object or objects, any information which the 3[Director,
Archaeology] may require.
(3) If the 3[Director, Archaeology] refuses to grant such permission,
the applicant may appeal to the Minister, whose decision shall be final.
(4) Any person who moves any object in contravention of a notification
issued under sub-section (1), shall be punishable with fine which may extend
to 4[{fifty thousand rupees] or with imprisonment which may extend to three
months or both}].
(5) If the owner of any property proves to the satisfaction of 2[the
Government] that he has suffered any loss or damage by reason of the inclusion
* Now Official Gazette.
1. Substituted for “Minister” by Act No. X of Samvat 1996.
2. Substituted for “His Highness” ibid.
3. Substituted for the words “Superintendent of Archaeology” by Act No. XXV of 2010, s.2.
4. Substituted for the words “twenty thousand rupees” by S.O. 1229(E) dated 31.3.2020. (For
earlier amendment see Act No. XXV of 2010, s. 14.)
114 ANCIENT MONUMENTS PRESERV A TION ACT, 1977 (1920 A.D.)
of such property in a notification published under sub-section (1), 1[the
Government] shall either––
(a) exempt such property from the said notification ;
(b) purchase such property, if it be movable, at its market value ;
or
(c) pay compensation for any loss or damage sustained by the
owner of such property, if it be immovable.
19. Purchase of sculptures carvings or like object by the Government. ––
(1) If 1[the Government] apprehend that any object mentioned in a notification
issued under section 18, sub-section (1) is in danger of being destroyed,
removed, injured or allowed to fall into decay, 1[the Government] may pass
orders for the compulsory purchase of such object at its market value, and the
2[Director, Archaeology] 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.
ARCHAEOLOGICAL  EXCA V A TION
3[20. Power of Government to notify area as protected.––(1) If the
Government is of opinion that excavation for archaeological purposes in any
area should be restricted or regulated in the interest of archaeological research,
the Government may, by notification in the *[Government Gazette] specifying
the boundaries of the area, declare it to be a protected area.
* Now Official Gazette.
1. Substituted for “His Highness” by Act No. X of Samvat 1996.
2. Substituted for the words “Superintendent of Archaeology” by Act No. XXV of 2010, s. 2.
3. Section 20 substituted and sections 20-A, 20-B and 20-C added by Act No. I of Samvat 1996.
              ANCIENT MONUMENTS PRESERV A TION ACT, 1977 (1920 A.D.) 115
(2) From the date of such notification all antiquities buried in the
protected area shall be the property of Government and shall be deemed to be
in the possession of Government, and shall remain the property and in the
possession of the Government until ownership thereof is transferred ; but in
all other respects the rights of any owner or occupier of and in such area shall
not be affected.
20-A. Power to enter upon and make excavation in a protected area. ––
(1) Any officer of the 1[Department of Archaeology, Archives and Museums]
or any person holding a licence under section 20-B may, with the written
permission of the 2[Deputy Commissioner of the District] 3[x x x x], enter upon
and make excavations in any protected area.
(2)  Where in the exercise of the power conferred by sub-section (1)
the rights of any person are infringed by the occupation or disturbance of the
surface of any land, the Government shall pay to that person compensation for
the infringement.
20-B. Power of Government to make rules regulating archaeological
excavation in protected areas. ––(1) The Government may make rules,––
(a) prescribing the authorities by whom licence to excavate for
archaeological purposes in a protected area may be granted ;
(b) regulating the condition on which such licences may be
granted, the form of such licences and the taking of security
from licensees ;
(c) prescribing the manner in which antiquities found by a
licensee shall be divided between Government and the
licensee ; and
(d) generally to carry out the purposes of section  20.
(2) The power to make rules given by this section is subject to the
condition of rules being made after previous publication.
1. Substituted for “Archaeological  Department” by S.O. 1229(E) dated 31.3.2020.
2. Substituted for “Governor of the Province” by Act No. III of Samvat 2008.
3. Words “or  in the case of Ladakh district, the Deputy Commissioner of that District”
omitted by S.O. 1229(E) dated 31.3.2020.
116 ANCIENT MONUMENTS PRESERV A TION ACT, 1977 (1920 A.D.)
(3) Such rules may be general for all protected areas for the time being,
or may be special for any particular protected area or areas.
(4) Such rules shall provide that any person committing a breach of
any such rule or any condition of a licence issued under this section shall be
punishable with fine which may extend to 1[fifty thousand rupees], and may
further provide that where the breach has been by the agent or servant of a
licensee, the licensee himself shall be punishable.
20-C. Power to acquire a protected area.–– If the Government is of
opinion that a protected area contains an ancient monument or antiquities of
national interest, it may acquire such area, or any part thereof, under the State
Land Acquisition Act No. 10 of 1990 as for a public purpose.]
GENERAL
21. Assessment of market-value or compensation.–– The market value
of any property which Government is empowered to purchase at such value
under this Act or the 2[x x x] compensation to be paid by the Government in
respect of anything done under this Act, shall, where any dispute arises 3[in
respect] of such market value or compensation, be ascertained in the manner
provided by the Land Acquisition Act, so far as it can be made applicable :
Provided that when making an inquiry under the said Land Acquisition
Act, the Collector shall be assisted by two assessors, one of whom shall be
competent person nominated by the Collector and one a person nominated by
the owner or, in case the owner fails to nominate an assessor within such
reasonable time as may be fixed by the Collector in this behalf, by the 4[Director,
Archaeology].
5[22. Jurisdiction.––Every offence under this Act, shall be triable by a
Judicial Magistrate.]
6[22-A. Certain offences to be cognizable.–– Notwithstanding
anything contrary in the 7[Code of Criminal Procedure, 1973 (2 of 1974)], an
1. Substituted for the words “twenty thousand rupees” by S.O. 1229(E) dated 31.3.2020. (For
earlier amendment see Act No. XXV of 2010, s. 15).
2. The words “amount of” omitted by Act No. I of Samvat 1996.
3. Substituted for the words “touching the amount” ibid.
4. Substituted for the words “Superintendent of Archaeology” by Act No. XXV of 2010, s.2.
5. Section 22 substituted by Act No. XL of 1966.
6. Sections 22-A and 22-B added by Act No. XXV of 2010, s.16, w.e.f. 25.10.2010.
7. Substituted for “Code of Criminal Procedure, Samvat 1989” by S.O. 1229(E) dated 31.3.2020.
              ANCIENT MONUMENTS PRESERV A TION ACT, 1977 (1920 A.D.) 117
offence under section 16 or sub-section (2) of section 17 or sub-section (4) of
section 18 of this Act shall be deemed to be cognizable offence within the
meaning of that Code.
22-B. Delegation of powers.–– The Government may, by notification
in the Official Gazette, direct that any power conferred on it by or under this
Act, shall, subject to such conditions as may be specified in the notification,
be also exercisable by such officer or authority as may be notified.]
23. Power to make rules.–– 1[The Government] may make rules for
carrying out any of the purposes of this Act.
24. 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.
–––––
1. Substituted for “His Highness” by Act No. X of Samvat 1996.
118 ANCIENT MONUMENTS PRESERV A TION ACT, 1977 (1920 A.D.)

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