The Kerala Ancient Monuments and Archaeological Sites and Remain Act, 1969 (No.26 of 1969)

188
THE KERALA ANCIENT MONUMENTS AND
ARCHAEOLOGICAL SITES AND
REMAINS ACT, 1969
(Act 26 of 1969)
CONTENTS
Preamble.
Sections
1 Short title, extent and commencement
2 Definitions
Protection of Ancient Monuments and Archaeological
904mm
10.
11
12
13
14.
15
16
Sites and Remains
Certain anCient monuments, etc., deemed to be pro—
tected monuments or areas
Power of Government to declare anCient monuments
etc, to be protected monuments and areas
Protected monuments
Acquisxtion of rights in a protected monument.
Preservation of protected monument by agreement
Owners under disability or not in posseSSion
Application oi endowment to repair a protected monu-
ment
Failure or refusal to enter into an agreement
Power to make order prohibiting contravention of
agreement under section 6
Enforcement of agreement
Purchasers at certain sales and persons claiming
through owner bound by instrument executed by
owner,
AcquiSition of protected monuments
_
Maintenance of certain protected monuments
Voluntary contributions
Protection of place of worship from misuse, pollution
or desecration.

17.
18.
19
20.
21.
22.
23.
24.
25.
26.
27
28.
29.
30.
31.
32
33.
34
35.
36.
37.
38.
39.
189
Relinquishment of Government rights m a monument
Right of access to protected monuments
Protected areas
Restrictions of enjoyment of property rights in pro-
tected areas
Power to acqu1re a protected area
Archaeological excavations
Excavations in protected areas
Excavation in areas other than protected areas.
Compulsory purchase of antiquities, etc., discovered
during excavation operations
Excavation, etc., for archaeological purposes.
Protection of antiquities
Power of Government to control movmg of anti-
quities
Purchase of antiquities by Government.
Principles of compensation
Compensation for loss or damage
Assessment of market value or compensation.
Miscellaneous
Delegation of powers
Penalties
Jurisdiction to try offences
Certain offences to be cognizable
SpeCial prOViSion regarding fine.
Recovery of amounts due to the Government
Anc1ent monuments, etc, no longer requiring pro—
tection
Power to correct mistakes, etc
Protection of action taken under the Act
Power to make rules
Repeal.

190
THE KERALA ANCIENT MONUMENTS AND
ARCHAEOLOGICAL SITES AND
REMAINS ACT, 1968 *
(Act 26 of 1969)
An Act to provide for the preservation of ancient monu-
ments and archaeological sites and remains other than
those of national importance, for the regulation
of archaeological excavations and for the
protection of sculptures, carvings and
other like objects
Preamble—WHEREAS it is expedient to prov1de for the
ureservation of anc1ent monuments and archaeological Sites
and remains other than those of national importance, for the
regulation of archaeological excavations and for the protection
of sculptures, carvmgs and other like objects,
BE it enacted in the Nineteenth Year of the Republic of
indie as follows——
1 Short title, extent and commencement.—(l) This Act
may be called the Kerala Ancxent Monuments and Archaeo-
logical Sites and Remains Act, 1968
(2) It extends to the whole of the State of Kerala
(3) It shall come into force on such date as the Govern-
ment may, by notification 1n the Gazette, appomt
2 Definitions—In this Act, unless the context otherWise
requires,—
(a) "ancxent monument" means any structure, erectxon
er monument. or any tumulus or place of internment, or any
cave, rock—sculpture, inscription or monolith, which is of
historical, archaeologlcal or artistic interest and which has
been in eXistence for not less than one hundred vears and
includes—
(1) the remains of an anCient monument,
(ii) the Site of an anCient monument,
'
Published in the Gazette Exraoidinary No 150, dated 27th June, 1969.

191
(iii) such portion of land adjoining the site of an
anoient monument as may be required for fencmg or covering
in or otherWise preservmg such monument, and
(iv) the means of access to, and convenient inspec-
tion of, an anCient monument,
but does not include any ancient or historical monument
declared by or under any law made by Parliament to be of
national importance;
(b) "antiquity” includes—
(1) any com, sculpture, manuscript, epigraph or other
work of art or craftsmanship,
(ii) any article. object or thing detached from a build-
ing or cave.
(iii) any article object or thing illustrative of seience,
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
Government, by notification, to be an antiquity for the pur—
poses 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 the Government not lower in
rank than an epigraphic aSSistant,
(d) "archaeological Sites and remains" means any area
which contains or is reasonably believed to contain ruins or
relies of historical or archaeological importance which have
been in eXIStence for not less than one hundred years, and
includes—
(1) such portion of land adioming the area as may
be required for fencmg or covering in or otherwise preservmg
it, and
(n) the means of access to, and convenient inspection
of. the area,

192
but does not Include any archaeological site or remains de—
clared by or under any law made by Parliament to he of
national importance;
(e) “Director“ means the Director of Archaeology and
includes any officer authorised by the Government to exercrsc
the powers and perform the duties of the Director under this
Act;
(f) "maintain" With its grammatical variations and
cognate expressxons, includes the fencmg, covering in, repair—
mg, restoring and cleansmg of a protected monument, and the
domg of any act which may be necessary for the purpose of
preserving a protected monument or of securing convenient
access thereto;
(g) ”notificatlon" means a notification published in the
Gazette ;
(h) "owner” includes—
(1) a jomt owner invested With powers of management
on behalf of himself and other jomt owners and the successor-
in-title of any such owner; and
(ii) any manager or trustee exerCismg powers of
management and the successor—in-of‘fice of any such manager
or trustee;
(i) "prescribed" means prescribed by rules made under
this Act,
(J) "protected area" means any archaeological site and
remains which is declared to be a protected area by or under
this Act;
(k) "protected monument” means an anCient monument
which is declared to be a protected monument by or under
this Act
Protection of Ancient Monuments and Archaeological
sites and remains
3 Certain ancient monuments, etc., deemed to be pro-
tected monuments or areas—(1) All ancient and historical
monuments which have been declared under the Ancient
Monuments Preservation Act, 1904 (Central Act 7 of 1904) or

193
the Travancore Ancient Monuments Preservation Act (I of
1112) or the AnCIent Monuments PreservatIon Act, IX of 1110
(Cochm Act) to be protected monuments, but thch have not
bQI-lh déelaI‘éd by or under any law made by fiarliament to
be of natIonal Importance, shall be deemed to be protected
monuments for the purposes .of thIs Act
(2) Any area Much has been declared under any of
the Acts SpeCIfied In sub—sectIon (1) to be a protected area,
but whlch has not been declared by or under any law made
by Parliament to be of natIonal Importance, shall, If such area
15 an archaeologtcal we and remaIns as defined In thIs Act.
be deemed to be a protected area for the purposes of thIs
Act.
4 Power of Government to declare ancient monuments,
etc., to be protected monuments and areas.—(l) Where the
Government are of opInIon that any anCIent monument or
archaeologIcal Sue and remams should be declared to be a
protected monument or a protected area, as the case may be,
they may, by notIficatIon, gIve two months’ notIce of theIr
IntentIon to declare such ancxent monument or archaeologIcal
SIte and remaIns to be a protected monument or a protected
area, as the case may be, and a copy of every such notIficatton
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 monu—
ment or archaeologIcal SIte and remaIns may, w1thIn two
months after the Issue of the notIficatIon, object to the decla-
ratIon of the monument or the archaeologlcal SIte and remams
to be a protected monument or protected area, as the case
may be
(3) On the eprry of the sand perIod of two months, the
Government may, after conSIderIng the objectIons, If any.
recered by them, declare by nctIficatIon. the anCIent monu-
ment or the archaeologxcal SIte and remams to be a protected
monument or a protected area. as the case may be
(4) A notIficatIon pubhshed under sub-sectIon (3) shall.
unless and untll It Is Withdrawn, be concluswe ev1dence of
the fact that the anCIent monument or the archaeologIcal Stte
and remams to thch It relates Is a protected monument or
a protected area, as the case may be, for the purposes of tha-
Act.
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194
Protected Monuments
5. Acquisition of rights in a protected monument—(1)
The Director may, With the sanction of the Government,
purchase, or take a lease of, or accept a gift or bequest of,
any protected monumentr
(2] Where {1 protected monument 15 Without an owner.
the Director may, by notification, assume the guardianship of
the monument,
(3) The owner of any protected monument may, by
written instrument, constitute the Director, the guardian of
the monument and the Director may, With the sanction of the
Government, accept such guardianship.
(4) When the Director has accepted the guardianship of
a monument under sub-section (3), the owner shall, except
:15 expressly prOVided in this Act, have the same estate. right,
title and interest in and to the monument as if the Director
had not been constituted a guardian thereof, and the prOViSions
of this Act relating to agreements executed under section 6
shall apply to the written instrument executed under the said
sub—section,
(5) Nothtng in this section shall affect the use of any
protected monument for customary religious Observances.
6 Preservation of protected monument by agreement—-
(1) The Director, when so directed by the Government, shall
propose to the owner of a protected monument to enter into
an agreement With the Government Within a speCified period,
for the maintenance of the monument
(2) An agreement under this section may provide for
all or any of the followmg 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,
(it) to charge any fee for entry into. or inspection
of, the monument.

195
(1ii) to destroy, remove, alter or deface the monu—
ment, or
(1v) to bUlld on or near the srte of the monument,
(d) the facrhtles of access to be permrtted to the
pubhc or any sectlon thereof or to the Drrector or to persons
deputed by the owner or the Drrector or the Drstrrct Collector
to Inspect or mamtam the monument;
(e) the notrce to be glven to the Government 1n case
the land on whrch the monument lS srtuated or any adjommg
land is offered for sale by the owner, and the rlght to be
reserved to the Government to purchase such land, or any
specified portron of such land, at 1ts market value,
(f) the payment of any expenses 1ncurred by the
owner or by the Government 1n connectlon wrth the malnten-
ance ol the monument
(g) the proprretory or other rlghts Wthh are to vest
1n the Government 1n respect of the monument when any
expenses are 1ncurred by the Government 1n connectlon wrth
the mamtenance of the monument,
(h) the appomtment of an authorlty to decrde any
dlspute arlsmg out of the agreement, and
(1) any matter connected With the mamtenance of
the monument whrch rs a proper subJect of the agreement
between the owner and the Government
(3) The Government or the owner may, at any tlme
after the explratlon of three years from the date of executron
of an agreement under thls sect1on, termmate the agreement
on glvmg 51x months’ not1ce 1n wrltmg to the other party
Provrded that where the agreement rs termmated by
the owner, he shall pay to the Government the expenses, if
any, 1ncurred by them on the malntenance of the monument
dunng the five years 1mmed1ately precedlng the termlnatlon
ol the agreement or, If the agreement has been In force for
a shorter perlod, durmg the perrod the agreement was 1n
force
(4) An agreement under thls sectlon shall be bmdmg
on any person clalmmg to be the owner of the monument to
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196
which it relates, from, through or under a party by whom,
01 on whose behalf, the agreement was executed
7. Owners under disability or not in possession.—(1) If
the owner of a protected monument 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 6.
(2) In the case of a protected monument which is a
village property, the headman or other Village officer exerCis-
ing powers of management over such property may exercise
the powers conferred upon an 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 15 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
8. Application of endowment to repair a protected monu-
ment—(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
pu1pose among others, the 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 hearmg of an application under sub—section
(1), the District Judge may summon and examine the owner
and any person whose evtdence appears to him necessary and
may pass an order for the proper application of the endow-
ment or of any part thereof, and any such order may be
executed as it' it were a decree of 3 mm! court.
9 Failure or refusal to enter into an agreement.—(l) If
any owner or other person competent to enter into an agree-
ment under section 6 for the maintenance of a protected
monument refuses or fails to enter into such an agreement,

197
the Government may make an order prov1ding 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) prov1des
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 pay-
able by the Government
(3) No order under sub-section (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
10. Power to make order prohibiting contravention ot
agreement under section 6.—(1) If the Director apprehends
that the owner or occupier of a protected monument intends
to destroy, remove, alter, deface, imperil or misuse the monu—
ment or to build on or near the Site thereof in contravention
of the terms of an agreement executed under section 6, the
Director may. after giVing the owner or occupier an opportu—
nity of making a representation in writing, make an order
prohibiting any such contravention of the agreement:
Prov1ded that no such opportunity need be given in
any case where the Diiector, [or reasons to be recorded, is
satisfied that it is not expedient or practicable to do so
(2) Any person aggrieved by an order under this
section may appeal to the Government Within such time and
in such manner as may be prescribed and the deCiSion of the
Government on the appeal shall be final
11 Enforcement of agreement.—(l) If an owner or other
person who is bound by an agreement for the maintenance
of a monument under section 6 refuses or fails, Within such
reasonable time as the Director may fix, to do any act which
in the opinion of the Director is necessary for the maintenance
of the monument, the Director 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.

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(2) 1f any dispute arises regarding the amount ot ex-
penses payable by the owner or other person under sub—sec—
tion (1), it shall be referred to the Government whose deCiSion
thereon shall be final.
12 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, any land on which is
Situated a monument in respect of which any instrument has
been 9) ecuted by the owner for the time being under section
5 or section 6, and every person claiming any title to a monu—
ment fiom, through or under, an owner who executed any
such instrument, shall be bound by such instrument
13 Acquisition of protected monuments—If the Govern—
ment apprehend that a protected monument is in danger of
being destroyed, injured, misused or allowed to fall into decay,
they may acquire the protected monument under the prom-
Sions of the Kerala Land Acqu151tion Act, 1961 (21 of 1962),
as if the maintenance of the protected monument were a
public purpose Within the meaning of that Act
14 Maintenance of certain protected monuments—(1)
The 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
(21 When the Director 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, subor—
dinates and workmen. for the purpose of inspecting the monu-
ment and for the purpose of bringing such materials and domg
such acts as he may conSider necessary or deSirable for the
maintenance thereof
15 Voluntary contributions.—The Director may receive
voluntary contribution towards the cost of maintaining a
protected monument and give orders as to the management
and application of any funds so received by him
Prowded that no contribution received under this section
shall be applied to any purpose other than the purpose for
which it was contributed.
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199
16. Protection of place of worship from misuse, pollution
or desecration—(1) A protected monument maintained by the
Government under this Act, which Is a place of worship or
shrme shall not be used for any purpose mconastent With
its character.
(2) Where the Government have acqu1red a prqtected
monument under section 13, or where the Director has \pur-
chased or taken a lease or accepted a g1ft or bequest or
assumed guardianship of, a protected monument under section
5, and such monument or any part thereof 15 used for religious
worship or observations by any communlty, the District
Collector shall make due pr0v1510n for the protection of such
monument or part thereof, from pollution or desecration,—
(a) by prohibiting the entry therein, except 1n accord—
ance With the conditions prescribed With the concurrence of
the persons, if any, 1n religious charge of the said monument
or part thereof, of any person not ent1tled so to enter by the
religious usage 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.
17 Relinquishment of Government rights in a monu-
ment.——W1th the sanction of the Government, the Director
may,—
(a) where rights have been acquired by the Director
in respect of any monument under this Act by Virtue of any
sale, lease, gift or Will, relinquish, by notification, the rights
so acquired, to the person who would, for the t1me being,
be the owner of the monument if such rights had not been
acquired; or
(b) relinquish any guardianship of a monument which
he has assumed under this Act.
18 Right of Quecess to protected monuments.—Sub1ect
to any rules made under this Act the public shall have a right
)f access to any protected monuments.
Protected Areas
19 Restrictions of enjoyment of property rights in pro-
tected areas.—(1) No person, including the owner or occupier

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