The Maharashtra Ancient Monuments and Archaeological Sites and Remains Act, 1960.

1961 : Mah. XII]  1 
THE MAHARASHTRA ANCIENT MONUMENTS AND  
ARCHAEOLOGICAL SITES AND REMAINS ACT, 1960 
                                                                                                                    [Text as on 21th April 2026] 
—————— 
CONTENTS 
PREAMBLE. 
SECTIONS. 
 1.  Short title, extent and commencement.   
 2.  Definitions.   
PROTECTED MONUMENTS 
 3.  Certain ancient and historical monuments deemed to be protected monuments.  
 4.  Power of State Government to declare ancient and historical monuments to be protected 
monuments.  
 5.  Acquisition of rights in a protected monument.   
 6.  Preservation of protected monument by agreement.  
 7.  Owners under disability or not in possession.   
 8.  Application of endowment to repair a protected monument.   
 9.  Failure or refusal to enter into an agreement.   
 10.  Power to make order prohibiting contravention of agreement under section 6.  
 11.  Enforcement of agreement.   
 12.  Purchasers at certain sales and persons claiming through owner bound by instrument 
executed by owner.  
 13.  Acquisition of protected monuments.   
 14.  Maintenance of certain monuments.   
 15.  Voluntary contributions.  
 16.  Protection of place of worship from misuse, pollution or desecration.  
 17.  Preservation of amenities of protected monuments.   
 18.  Relinquishment of Government rights in a monument.   
 19.  Rights of access to protected monuments. 
PROTECTED AREAS  
 20.  Power of State Government to declare archaeological sites and remains to be  
protected areas.  
 21.  Restrictions on enjoyment of property rights in protected areas.   
 22.  Power to acquire a protected area. 
ARCHAEOLOGICAL EXCAVATIONS 
 23.  Excavations in protected areas.  
 24.  Compulsory purchase of antiquities, etc., discovered during excavation operation. 
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Archaeological Sites and Remains Act, 1960 
PROTECTION OF ANTIQUITIES 
 25.  Power of State Government to control moving of antiquities.   
 26.  Purchase of antiquities by State Government. 
PRINCIPLES OF COMPENSATION 
 27.  Compensation for loss or damage.   
 28.  Assessment of market value or compensations.   
 29.  Special provision as to compensation under section 17. 
MISCELLANEOUS 
 30.  State Advisory Board.  
 31.  Delegation of powers.  
 32.  Power to issue directions.   
 33.  Penalties.   
 34.  Jurisdiction to try offences.  
 35.  Certain offences to be cognizable.  
 36.  Special provision regarding fine.  
 37.  Recovery of amounts due to Government.   
 38.  Monuments and sites which have ceased to be protected monuments and protected areas.  
 39.  Power to correct mistakes etc.  
 40.  Protection of action taken under this Act.  
 41.  Power to make rules.  
 42.  Application of certain other laws not barred. 
 43.  Repeal and Saving.   
 44.  Act not applicable to ancient monuments, etc., of national importance. 
1961 : Mah. XII] The Maharashtra Ancient Monuments and 3 
 Archaeological Sites and Remains Act, 1960 
LIST OF AMENDMENT ACTS 
 1.  Amended by Mah.  6 of 20251 (14-10-2024)  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
1  Maharashtra Ordinance No. X of 2024 was repealed by Mah. 6 of 2025, s. 6. 
 
Note.- The date mentioned in the bracket indicates the date of commencement of the Act. 
4  The Maharashtra Ancient Monuments and [1961 : Mah. XII 
Archaeological Sites and Remains Act, 1960 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1961 : Mah. XII] The Maharashtra Ancient Monuments and 5 
 Archaeological Sites and Remains Act, 1960 
MAHARASHTRA ACT No. XII OF 19611 
[THE MAHARASHTRA ANCIENT MONUMENTS AND  
ARCHAEOLOGICAL SITES AND REMAINS ACT, 1960.] 
[This Act received the assent of the President on the 22nd February 1961; assent was first published in 
the Maharashtra Government Gazette, Extraordinary No. 12, Part IV, on the 27th February 1961.] 
An Act to make better provision for the preservation of ancient  
and historical monuments and records and archaeological sites and  
remains (other than those declared to be of national importance) in  
the State of Maharashtra, and for matters connected with the  
purposes aforesaid. 
WHEREAS, it is expedient to make better provision for the preservation of ancient and historical 
monuments and records and archaeological sites and remains (other than those declared to be of 
national importance) in the State of Maharashtra, and for matters connec ted with the purposes 
aforesaid; It is hereby enacted in the Eleventh Year of the Republic of India as follows :—  
1.  Short title, extent and commencement. — (1) This Act may be called the Maharashtra 
Ancient Monuments and Archaeological Sites and Remains Act, 1960.  
(2) It extends to the whole of the State of Maharashtra.  
(3) It shall come into force on such 2date as the State Government may, by notification in the 
Official Gazette, appoint.  
2.  Definitions.— In this Act, unless the context otherwise requires,—  
(1) “ancient and historical 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 and which has been in existence for not less than fifty 
years, and includes—  
(a) the remains of such monument,   
(b) the site of such monument,  
(c) such portion of land adjoining the site of such monument as may be required for 
fencing or covering in or otherwise preserving the monument, and  
(d) the means of access to, and from, and convenient inspection of, such monument;  
(2) “antiquity” includes—  
(a) any coin, sculpture, manuscript, epigraph, or other work of art or craftsmanship,  
(b) any article, object or thing detached from a building or cave,  
(c) any article, object or thing illustrative of science, art, crafts, literature, religion, 
customs, morals or politics in by-gone ages,  
(d) any article, object or thing of historical interest, and  
(e) any article, object or thing (which in the opinion of the State Government because 
of its historical or archaeological importance is an article, object or thing which it is 
desirable to preserve) d eclared by the State Government, by notification in the  
Official Gazette, to be an antiquity for the purposes of this Act,  
 which has been in existence for not less than fifty years; 
                                                   
1  For Statement of Objects and Reasons of the L. A. Bill No. XXX of 1960, see Maharashtra Government Gazette ,  
       1960, Extraordinary No. 20, Part V, dated 30th July 1960, page 90. 
2  8th date of October 1962 (Vide G. N., E. & S.W. D. No. ANM. 2061-C (i), dated the 19th September 1962). 
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Archaeological Sites and Remains Act, 1960 
(3) “Archaeological Officer” means an officer of the Department of Arch aeology of the 
State Government, not lower in rank than a Regional Officer;  
(4) “archaeological site and remains” means any area which contains or is reasonably 
believed to contain ruins of relics of historical or archaeological importance which have been  in 
existence for not less than fifty years, and includes— 
(a) such portion of land adjoining the area as may be required for fencing or covering 
in or otherwise preserving it, and  
(b) the means of access to, and from, and convenient inspection of, the area;  
(5) “Collector” means in the City of Bombay the Collector of Bombay, and elsewhere the 
Collector of the District and includes any officer authorised by the State Government to perform 
all or any of the functions of a Collector by or under this Act;  
(6) “Director” means the officer appointed for the time being by the State Government to be 
the Director of Archives and Historical Monuments, and includes any officer authorised by the 
State Government to perform all or any of the functions of the Director by or under this Act;  
(7) “maintain”, with its Grammatical variations and cognate expressions, includes 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 pr eserving a protected monument or of securing 
convenient access thereto and therefrom;  
(8) “owner” includes—  
(a) 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  
(b) any manager or trustee exercising powers of management and the successor-in-
office of any such manager or trustee;  
(9) “prescribed” means prescribed by rules made under this Act;  
(10) “protected area” means any archaeological site and remains which is declared to be a 
protected area by or under this Act;  
(11) “protected monument” means as ancient and historical monument which is deemed to 
be, or declared to be, a protected monument by or under this Act.  
PROTECTED MONUMENTS 
3.  Certain ancient and historical monuments deemed to be protected monuments. — All 
ancient and historical monuments in the State of Maharashtra, which before the commencement of this 
Act have been declared by or under the Ancient Monuments Preservation Act (Hyd. VIII of 1337 Fasli) 
to be protected monuments, and have not been declare d by or under any law made by Parliament to be 
of national importance, shall be deemed to be protected monuments for the purposes of this Act. 
4.  Power of State Government to declare ancient and historical monuments to be protected 
monuments.— (1) Where t he State Government is of opinion that any ancient and historical 
monument not included in section 3 and not declared by or under any law made by Parliament to be of 
national importance, should be a protected monument, it may, by notification in the Official Gazette, 
give two months’ notice of its intention to declare such monument to be a protected monument; and a 
copy of every such notification shall be affixed in a conspicuous place near the monument.  
(2) Any person interested in any such monument may, within two months of the issue of the 
notification, object to the declaration of the monument to be a protected monument.  
(3) On the expiry of the said period of two months, the State Government may, after considering 
the objections (if any), received by it, declare by notification in the Official Gazette the ancient and 
historical monument to be a protected monument.  
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(4) A notification published under sub -section (3) shall, unless and until it is withdrawn by the 
State Government, be conclusive evidence of the fact that the ancient and historical monument to 
which it relates is a protected monument for the purposes of this Act.  
5.  Acquisition of rights in a protected monument. — (1) The Collector may, with the sanction 
of the State 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 Collector may, by notification in the 
Official Gazette, assume the guardianship of the monument.  
(3) The owner of any prot ected monument may, by written instrument, constitute the Collector 
the guardian of the monument, and the Collector may, with the sanction of the State Government, 
accept such guardianship.  
(4) When the Collector has accepted the guardianship of a monumen t under sub -section (3), the 
owner shall, except as expressly provided by this Act, have the same estate, right, title and interest in or 
to the monument, as if the Collector had not been constituted a guardian thereof.  
(5) When the Collector 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.  
6.  Preservation of protected monument by agreement. — (1) The Collector may, with the 
previous sanction of the State Government, propose to the owner of a protected monument to enter into 
an agreement with the State Government, within a specified period, for the maintenance of the 
monument. 
(2) Any agreement under this section may provide for all or any of the following matters, that is 
to say,— 
(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,  
(ii) to charge any fee for entry into, or inspection of, the monument,  
(iii) to destroy, remove, alter or deface the monument, or  
(iv) to build on or near the site of the monument;  
(d) the facilities of access to be permitted to the public, or any section thereof, or to persons 
deputed by the owner, the Director or the Collector to inspect or maintain the monument;  
(e) the notice to be given to the State Government in case the land on which the monument 
is situated or any adjoining land is offered for sale by the owner, and the right to be r eserved to 
the State 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 State Government in 
connection with the maintenance of the monument;  
(g) the proprietary or other rights which are to vest in the State Government in respect of the 
monument when any expenses are incurred by the State 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  
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(i) any matter connected with the maintenance of the monument which is a proper subject of 
agreement between the owner and the State Government.  
(3) The State Government or the owner may, at any time after the e xpiration of three years from 
the date of execution of an agreement under this section, terminate it on giving six months’ notic e in 
writing to the other party:  
Provided that, where the agreement is terminated by the owner, he shall pay to the State 
Government the expenses, if any, incurred by it 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.  
(4) An agreement under this section 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.  
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 under section 6.  
(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 under 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 religious worship or observances of 
that religion.  
8.  Application of endowment to repair a protected monument. — (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 State 
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 thousa nd 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 ev idence 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.  
9.  Failure or refusal to enter into an agreement.— (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 State Government may make an order providing for all or any of 
the matters s pecified 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 State 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 of agreement under section 6. — (1) If 
the Collector 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 Collector 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:  
1961 : Mah. XII] The Maharashtra Ancient Monuments and 9 
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Provided that, no such opportunity may be given in any case where the Collector, for reasons to 
be recorded in writing, 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 State Government 
within such time and in such manner as may be prescribed, and the decision of the State Government 
shall be final.  
11.  Enforcement of agreement. — (1) If the 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 Collector may fix, to  do any act which in the opinion of the Collector is necessary for the 
maintenance of the monument, the Collector 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 State Government, whose decision 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 
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 executes any such instrument, shall he 
bound by such instrument.  
13.  Acquisition of protected monuments. — If the State 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 the provisions of the 1Land Acquisition Act, 1894  
(I of 1894) or any law corresponding thereto in force in any part of the State, as if the maintenance of 
the protected monument were a public purpose within the meaning of that Act.  
14.  Maintenance of certain monuments. — (1) The State 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 Collector has assumed the guardianship of a monument under section 5, he shall, 
for the purpose of maintaining su ch 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 nece ssary or 
desirable for the maintenance thereof.  
15.  Voluntary contributions.— The Director may receive voluntary contributions towards the 
cost of maintaining a protected monument, and may give orders as to the management and application  
of any fund 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.  
16.  Protection of place of worship from misuse, pollution or desecration. — (1) A protected 
monument maintained by the State Government under this Act, which is a place of workshop or shrine, 
shall not be used for any purpose inconsistent with its character.  
(2) Where the State Government has acquired a protected monument under sec tion 13, or where 
the Collector has purchased, or taken a lease or accepted a gift 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 provision for the protection of 
such monument or part thereof, from pollution or desecration—  
                                                   
1  Now see the Right to Fair Compensation and Temporary in Land Acquisition, Rehabilitation and Resettlement Act, 2013          
       (30 of 2013). 
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(a) by prohibiting the entry therein, except in accordance with the conditions prescribed 
with the concurrence of the persons,  if any, in charge of the said monument or part thereof, and 
connected with any religious practice or observances in relation thereto, 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.  
17.  Preservation of amenities of protected monuments. — (1) If the State Government is of 
opinion that for the purpose of preserving the reasonable amenities of any protected monument, it is 
necessary so to do, the State Government may, subject to the provisions of this section, by notification 
in the Official Gazette, in respect of any area comprising or adjacent to the site of such monument 
specified in such notification (hereinafter referred to as “the controlled area”)—  
(a) prohibit or restrict the construction, erection or execution of buildings, structures and 
other works above ground within the controlled area, or the alteration or extension, of any such 
buildings, structures, or works in such manner as materially to affect their external appearance;  
(b) prescribe the position, height, size, design, materials, colour and screening and otherwise 
regulate the external appearance of buildings, structures and other works above ground within the 
controlled area;  
(c) require any local authority—  
(i) to construct any approach road to any protected monument, or  
(ii) to demolish any public convenience vesting in it, that is to say, a latrine, urinal, 
dustbin, rubbish dump and the like, located close to or in the vic inity of any protected 
monument;  
(d) prohibit or restrict the felling of trees within the controlled area;  
(e) otherwise restrict the user of land within the controlled area to such extent as is 
necessary for the purpose of preserving the reasonable amenities of the protected monument;  
(f) provide for such matters as appear to the State Government to be incidental to or 
consequential on the foregoing provisions of this section, or to be necessary for giving effect to 
those provisions.  
(2) Not less than forty -five days before issuing a notification under sub -section ( 1), the State 
Government shall cause to be published in the Official Gazette, in the controlled area, and in the village 
and at the headquarters of the taluka or mahal of the district in which the controlled area is situated, a 
notification stating that it proposes to issue a notification i n terms of sub -section (1), together with a 
notice requiring all persons affected by such notification, who wish to make any objection to the 
issuing of such a notification, to submit their objections in writing to the State Government or appear 
before any officer duly authorised in that behalf to hear objections on behalf of the State Government, 
within one month of the publication of the notification in the Official Gazette, or within fifteen days 
from the date of the publication of the notification in th e controlled area, whichever period expires 
later.  
(3) If on the expiration of the time allowed by sub -section ( 2) for the filing of objections, no 
objection has been made, the State Government shall proceed at once to issue the notification under 
sub-section ( 1). If any such objection has been made, the State Government may, after all the 
objections have been considered or heard, as the case may be, either—  
(a) abandon the proposal to issue the notification under sub-section (1); or  
(b) issue the notification under sub-section (1) with such modifications (if any), as it thinks fit.  
(4) In considering the objections, the decision of the State Government on the question of issuing 
the notification under sub-section (1) shall be final and conclusive. 
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(5) Nothing contained in any notification under sub-section (1) shall affect any building, structure 
or other work above ground or any alteration or extension thereof, if it was constructed, erected, or 
executed before the date when notice of i ntention to issue such a notification was given under  
sub-section ( 2), and for the purpose of this provision a building, structure, or other work and any 
alteration or, extension thereof shall be deemed to have been constructed, erected or executed before  
that date—  
(a) if its construction, erection or execution was begun before that date, or  
(b) if, and so far as, its construction, erection or execution was necessary for the purpose of 
performing a contract made before that date.  
(6) Any person whose p roperty is injuriously affected by the coming into force of a notification 
under sub-section (1) shall, subject to the provisions of section 29, be entitled to obtain compensation 
in respect thereof from the State Government.  
18.  Relinquishment of Govern ment rights in a monument. — With the sanction of the State 
Government, the Collector may,—  
(a) where rights have been acquired by the Collector in respect of any monument under this 
Act by virtue of any sale, lease, gift or bequest, relinquish by notifica tion in the Official Gazette, 
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 he has assumed under this Act.  
19.  Rights of access to protected monuments. — Subject to any rules made under this Act, the 
public shall have a right of access to any protected monument.  
PROTECTED AREAS 
20.  Power of State Government to declare archaeological sites and remains to be  
protected areas. — (1) Where the State Government is of opinion that any archaeological site and 
remains, not declared by or under any law made by Parliament to be of national importance, should be 
a protected area, it may by notification in the Official Gazette give two months’ notice of its intention 
to declare such archaeological site and remains to be a protected area, and a copy of every such 
notification shall be affixed in a conspicuous place near the site and remains.  
(2) Any person interested in an y such archaeological site and remains may, within two months 
after the issue of the notification, object to the declaration of the archaeological site and remains to be a 
protected area.  
(3) On the expiry of the said period of two months, the State Gover nment may, after considering 
the objections (if any), received by it, declare by notification in the Official Gazette the archaeological 
site and remains to be a protected area.  
(4) A notification published under sub -section ( 3) shall, unless and until it  is withdrawn, be 
conclusive evidence of the fact that the archaeological site and remains to which it relates is a protected 
area for the purposes of this Act. 
21.  Restrictions on enjoyment of property rights in 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 p art thereof in any other manner, without the permission of the State 
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 invo lve the digging of more than 
one foot of soil from the surface.  
(2) The State 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 cost of such removal.  
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22.  Power to acquire a protected area. — If the State Governme nt is of opinion that any 
protected area contains an ancient monument or interesting and valuable antiquities, it may acquire 
such area under the provisions of the Land Acquisition Act, 1894  (1 of 1894), or any law 
corresponding thereto in force in any par t of the State, as if the acquisition were for a  
public purpose within the meaning of that Act.  
ARCHAEOLOGICAL EXCAVATIONS 
23.  Excavations in protected areas. — Subject to the provisions of section 24 of the Ancient 
Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), an archaeological officer or 
any person holding a licence granted in this behalf under this Act (hereinafter referred to as “the 
licensee”) may, after giving notice in writing to the Collector and the owner, enter upon and make 
excavations in any protected area.  
24.  Compulsory purchase of antiquities, etc., discovered during excavation operation.— (1) 
Where, as a result of any excavations made in any area under section 23, any antiquities are 
discovered, the archaeological officer or the licensee, as the case may be, shall—  
(a) as soon as practicable, examine such antiquities and submit a report to the  State 
Government in such manner and containing such particulars as may be prescribed;  
(b) at the conclusion of the excavation operations, give notice in writing to the owner of the 
land from which such antiquities have been discovered, of the nature of such antiquities.  
(2) Until an order for the compulsory purchase of any such antiquities is made under  
sub-section (3), the archaeological officer or the licensee, as the case may be, shall keep them in such 
safe custody as he may deem fit.  
(3) On receipt of a report under sub-section (1), the State Government may make an order for the 
compulsory purchase of any such antiquities at their market value.  
(4) When an order for the compulsory purchase of any antiquities is made under sub -section (3), 
such antiquities shall vest in the State Government with effect from the date of the order. 
PROTECTION OF ANTIQUITIES 
25. Power of State Government to control moving of antiquities. — (1) If the State 
Government considers it necessary in the public interest that any antiquities or class of antiquities 
ought not to be moved from the place where they are without the sanction of the State Government, the 
State Government may, by notification  in the Official Gazette, direct that any such antiquity or any 
class of such antiquities shall not be moved except with the written permission of the Collector.  
(2) Every application for permission under sub-section (1) shall be in such form, and contain such 
particulars, as may be prescribed.  
(3) Any person aggrieved by an order refusing permission may appeal to the State Government, 
whose decision shall be final.  
26.  Purchase of antiquities by State Government. — (1) If the State Government apprehends  
that any antiquity mentioned in a notification issued under sub -section (1) of section 25 is in danger of 
being destroyed, removed, injured, misused or allowed to fall into decay, or is of opinion that, by 
reason of its historical or archaeological import ance, it is desirable to preserve such antiquity in a 
public place, the State Government may make an order for the compulsory purchase of such antiquity 
at its market value, and the Collector shall thereupon give notice to the owner of the antiquity to be 
purchased.  
(2) Where a notice of compulsory purchase is issued under sub -section ( 1) in respect of any 
antiquity, such antiquity shall vest in the State Government with effect from the date of the notice.  
(3) The power of compulsory purchase given by thi s section shall not extend to any image or 
symbol actually used for bona fide religious observances.  
1961 : Mah. XII] The Maharashtra Ancient Monuments and 13 
 Archaeological Sites and Remains Act, 1960 
PRINCIPLES OF COMPENSATION 
27.  Compensation for loss or damage.— Any owner or occupier of land who has sustained any 
loss or damage or any diminution of profits from the land, by reason of any entry on, or excavations in, 
such land or the exercise of any other power conferred by this Act, shall be paid compensation by the 
State Government for such loss, damage or diminution of profits.  
28.  Assessment of market value or compensations. — (1) The market value of any property 
which the State Government is empowered to purchase at such value under this Act, or the 
compensation to be paid by the State Government in respect of anything done under this Act shall, 
where any dispute arises in respect of such market value or compensation, be ascertained in the manner 
provided in sections 3, 5, 8 to 34,  45 to 47, 51 and 52 of the Land Acquisition Act, 1894  (I of 1894) or 
similar provisions in any law corresponding to the said Land Acquisition Act in force in any part of the 
State, so far as they can be made applicable:  
Provided that, when making an enquiry under the said Land Acquisition Act or corresponding 
law, the Collector shall be assisted by two assessors, one of  whom shall be a competent person 
nominated by the State Government 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 Collector.  
(2) Notwithstanding anything contained in sub -section (1) or in the said Land Acquisition Act or 
corresponding law, in determining the market value of any antiquity in respect of which an order for 
compulsory purchase is made under sub-section (3) of section 24 or under sub-section (1) of section 26 
any increase in the value of the antiquity by reason of its being of historical or archaeological 
importance shall not be taken into consideration.  
29.  Special provision as to compensation under section 17. — (1) No person shall be entitled 
to compensation in respect of any notification issued under sub -section (1) of section 17 unless within 
three months from the date on which such notification comes into force, or within such further time as 
the State Govern ment may in special circumstances allow, he makes a claim for the purpose in such 
manner as may be prescribed by the State Government.  
(2) A person shall not be entitled to compensation by reason of the fact that any act or thing done 
or caused to be done  by him has been rendered abortive by such notification if, or so far as the act or 
thing was done after the date on which the notification was issued, or by reason of the fact that the 
performance of any contract made by him after that date is prohibited as a result of the notification.  
(3) Where any provision of such notification was immediately before the notification came into 
force already in force by virtue of any other Act, no compensation shall be payable by reason of any 
property being injuriously affected by that provision of the notification, if compensation has been paid 
or could have been claimed, or was not payable, by reason of that property having been injuriously 
affected by the provision already in force.  
(4) Where any provision of such n otification could, immediately before it came into force, have 
been validly included in a scheme, order, regulation or byelaw by virtue of any other Act, then,—  
(a) if no compensation would have been payable by reason of the inclusion of that provision 
in that scheme, order, regulation or byelaw, no compensation shall be payable in respect of tha t 
provision of the notification; and  
(b) if compensation would have been s o payable, the compensation payable in respect of 
that provision of the notification shall not be greater than the compensation which would have 
been so payable.  
(5) Any dispute as to the amount of the sum which is to be paid as compensation in respect of  
such a notification shall be determined in accordance with the provisions of section 28.  
MISCELLANEOUS 
30.  State Advisory Board.— (1) For the purpose of advising the State Government in the matter 
of the preservation and maintenance of protected monumen ts and protected areas, and such other 
14  The Maharashtra Ancient Monuments and [1961 : Mah. XII 
Archaeological Sites and Remains Act, 1960 
matters incidental to the administration of this Act as may be referred to it by the State Government, 
the State Government may constitute a State Advisory Board under such name as it may specify.  
(2) The constitution of the Advisory Board, the term of office of its members, and the procedure 
regarding its work, shall be such as may be prescribed.  
(3) The members of the Board shall be entitled to payment of such travelling allowance, as may 
be prescribed.  
31.  Delegation of powers.— The State Government may, by notification in the Official Gazette, 
direct that any’ powers conferred on it by or under this Act shall, subject to such conditions as may be 
specified in the direction, be exercisable also by the Director or such other officer not below the rank of 
Collector, as may be specified in the direction. 
32.  Power to issue directions. — Notwithstanding anything contained in this Act, the State 
Government may from time to time issue directions for the guidance of its officer in matters connected 
with the administration of this Act, and the officers shall comply with such directions.  
33.  Penalties.— (1) Whoever—  
(i) destroys, removes, injures, alters, defaces, imperils or misuses a protected monument, or 
(ii) being the owner or occupier of a protected monument, contravenes an order made under 
sub-section (1) of section 9 or under sub-section (1) of section 10, or  
(iii) removes from a protected monument any sculpture, carving, image, bas-relief, 
inscription, or other like object, or  
(iv) does any act in contravention of sub-section (1) of section 21,  
shall, on conviction, be punished 1[with imprisonment for a term which may extend to two years, or 
with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees], or 
with both.  
2[(1A) Whoever,—  
(i) consumes or possesses liquor or any intoxicating substance in the premises of the 
protected monuments, or  
(ii) does any obscene act in the premises of the protected monuments, or  
(iii) does an act of gambling in the premises of the protected monuments,  
shall, on conviction, be punished with imprisonment for a term which may extend to six months, 
or with fine which may extend to one lakh rupees, or with both.] 
(2) Any person who contra venes any of the provisions of a notification issued under  
sub-section (1) of section 17 shall, on conviction, be punished 3[with fine which shall not be less than 
ten thousand rupees but which may extend to one lakh rupees,]  and if the contravention is c ontinued 
after conviction, with a further fine which may extend to 4[five hundred rupees] for each day on which 
the contravention is so continued, and if such contravention is continued after the expiry of such period 
as the Court may determine, the State Government shall in addition have power to do all such acts as in 
its opinion are necessary for removing so much of the building, structure or work as is not in 
conformity with the provisions of the notification for making it in conformity with such provisions, and 
any expense incurred by the State Government shall be recoverable from the person convicted as an 
arrear of land revenue.  
                                                   
1  These words were substituted for the words “ with imprisonment for a term which may extend to three months, or with  
 fine which may extend to five thousand rupees” by Mah. 6 of 2025, s. 2(1). 
2  This sub-section was inserted by Mah. 6 of 2025, s. 2(2). 
3  These words were substituted for the words “ with fine which may extend to two thousand rupees”  by Mah. 6 of 2025,  
 s. 2(3)(a). 
4  These words were substituted for the words “twenty-five rupees” by Mah. 6 of 2025, s. 2(3)(b). 
1961 : Mah. XII] The Maharashtra Ancient Monuments and 15 
 Archaeological Sites and Remains Act, 1960 
(3) Any person who moves any antiquity in contravention of a notification issued under  
sub-section (1) of section 25 shall , on conviction, be punished  1[with fine which shall not be less than 
ten thousand rupees but which may extend to one lakh rupees]  and the Court convicting a person of 
any such contravention may by order direct such person to restore the antiquity to the place from which 
it was moved.  
34.  Jurisdiction to try offences. — No Court inferior to that of a presidency magistrate or a 
magistrate of the first class shall try any offence under this Act.  
35.  Certain offences to be cognizable. — Notwithstanding anything contained in the   
2[Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)], an offence under clause (i) or clause (iii) of 
sub-section (1) of section 33 shall be deemed to be a cognizable offence within the meaning of that   
3[Sanhita].  
36.  Special provision regarding fine. — Notwithstanding anything contained in 4[section 23 of 
the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)],  it shall be lawful for any magistrate of 
the first class specially empowered by the State Government in this behalf, and for any presidency 
magistrate, to pass a sentence of fine exceeding 5[fifty thousand rupees] on any person convicted of an 
offence which under this Act is punishable with fine exceeding 6[fifty thousand rupees].  
37.  Recovery of amounts due to Government .— Any amount due to the State Government 
from any person under this Act may, on a certificate issued by the Director or an officer aut horised by 
the State Government in this behalf, be recovered in the same manner as an arrear of land revenue.  
38.  Monuments and sites which have ceased to be protected monuments and protected 
areas.— If the State Government is of opinion that any ancient  and historical monument or 
archaeological site and remains declared to be a protected monument or protected area, should cease to 
be such monument or area, it may by notification in the Official Gazette, d

Excerpt shown. Open the full act in Lexace.

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