The rajasthan monuments, archaeological sites and antiquities act, 1961

Contents 
The Rajasthan Monuments, Archaeological Sites 
and Antiquities Act. 1961 
The Rajasthan Monuments, Archaeological Sites 
and Antiquities Act. 1968 
The Ancient Monuments and Archaeological Sites 
and Remains Act, 1958 (GOI) 
The Ancient Monuments and Archaeological Sites 
and Remains Act, 1959 (GOI) 
Indian Treasure Trove Act. 1878 
Rajasthan Treasure Trove Act. Rules 1961 
List of State Protected Monuments 
List of State Protected Sites 
List of State Protected Monuments of 
Archaeological Survey of India in Rajasthan 
2-16 
17-38 
39-56 
57-66 
67-70 
71-72 
73-81 
82-83 
84-88
(First published in the Rajasthan Gazette, Extraordinary, 
Dated July 17, 1961, Part IV-A) 
LEGISLATIVE (1) DEPARTMENT 
NOTIFICATION 
Jaipur, July 13, 1961. 
No. F.4(36)LJ/A/57- The following Act of the Rajasthan State Legislature received 
the assent of the President on the 22 day of June, 1961, and is published for general 
information:- 
THE RAJASTHAN MONUMENTS, ARCHAEOLOGICAL SITES AND 
ANTIQUITIES ACT, 1961 
(Act No. 19 of 1961) 
(Received the assent of the President on the 22 day of June, 1961) 
An 
Act 
to provide for the preservation, protection, upkeep, maintenance, acquisition and 
regulation and control over, ancient and historical monuments, archaeological sites and 
antiquities in the State of Rajasthan. Be it enacted by the Rajasthan State Legislature in the 
Twelfth Year of the Republic of India as follows: - 
CHAPTERI 
Preliminary 
1. Short title, extent and commencement - (1) This Act may be called the Rajasthan 
Monuments, Archaeological Sites and Antiquities Act, 1961. 
(2) It extends to the whole of the State of Rajasthan. 
(3) It shall come into force on such date as the State Government may, by notification 
in the Official Gazette, appoint. 
2. Definitions - In this Act, unless the subject or context otherwise requires, - 
(i) "ancient or historical monument" means any archaeological building, structure, 
erection or monument or any tumulus, tomb or place of interment or any cave, 
rock- Sculpture, rock-painting or sculpture of or on stone, metal, terracotta or 
other immovable object or any inscription or monolith, which is of historical 
archaeological or artistic importance, interest or value, and includes- 
(a) any remains thereof, 
(b) the site thereof,
(ii) 
(iii) 
(iv) 
(v) 
(vi) 
(vii) 
(c) the portion of land adjoining such site which may be necessary or required 
for the preservation, protection, upkeep and maintenance of the same, and 
(d) the means of access thereto and of convenient inspection and repairs 
thereof; 
but does not include an ancient monument as defined in the Central Act, which 
has been declared protected under that Act and stands so declared. 
“Antiquity” means- 
(a) any coin, sculpture, epigraph, manuscript, record, document. picture, 
painting, printed matter or other work of art or craftsmanship, 
(b) any article, object or thing of historical, archaeological or artistic 
importance, interest or value, detached from a protected monument or 
collected from or discovered in a protected area; 
(c) any article, object or thing illustrative of science, art, crafts, literature, 
religion, customs, morals or politics in bygone ages, and 
(d) any other article, object or thing of historical, archaeological or artistic 
importance, interest or value, 
and includes any article, object or thing which the State Government may, by 
notification in the Official Gazette, declare, by reason of its historical or 
archaeological association, to be an antiquity for the purposes of this Act but 
does not include an antiquity as defined in the Central Act, which has been 
declared protected under that Act and stands so declared. 
“Archaeological Officer” means an officer, of the Department of Archaeology 
of the State Government not below such rank as the State Government may 
from time to time prescribe; 
“Archaeological Site” means any mound indicating ancient habitation or any 
area which contains or is reasonably believed to contain ruins or relics of 
historical or archaeological importance, interest or value and includes- 
(a) any remains thereof, 
(b) the site thereof, 
(c) the portion of land adjoining such site which may be necessary or required 
for the preservation, protection, upkeep and maintenance thereof, and 
(d) the means of access thereto and of convenient inspection, repairs and 
excavation thereof, 
but does not include an archaeological site and remains as defined in the 
Central Act, which has been declared protected under that Act and stands so 
declared; 
“Central Act” means the Ancient Monuments and Archaeological Sites and 
Remains Act, 1958 (Central Act 24 of 1958) as amended from time to time; 
“Director” means the Director of Archaeology and Museums of the State and 
includes any officer appointed by the State Government to perform the duties 
of the Director under this Act; 
"maintain", with its grammatical variations and cognate expressions, includes 
the fencing, covering in, repairing, restoring and cleaning of an ancient or 
historical monument, an archaeological site or an antiquity or the doing of any
act which may be necessary for the preservation, protection, upkeep or 
regulation of such monument, site or antiquity, or for securing convenient 
access thereto; 
(viii) "owner" used with reference to an ancient or historical monument, 
archaeological site or antiquity includes- 
(a) a joint owner invested with powers of management of or over such 
monument, site or antiquity on behalf of himself and other joint owners 
and the successor- 1n-title of any such owner, and 
(b) any manager or trustee exercising powers of such management and the 
successor-in-office of any such manager or trustee; 
(ix) "prescribed" means prescribed by rules made under this Act: 
(x) "protected" when used with reference to an ancient or historical monument or 
an archaeological site, means such monument or site which may be declared 
by the State Government under section 3 to be a protected monument or a 
protected area; and 
(xi) "protected antiquity" means an antiquity declared by the State Government 
under section 3 to be a protected antiquity and includes any article, object or 
thing referred to in sub-clause (b) of clause (11). 
Power to declare monuments etc. to be protected - (1) The State Government may 
declare for the purposes of this Act- 
(a) any ancient or historical monument to be a protected monument, or 
(b) any archaeological site to be a protected area, or 
(c) any antiquity to be a protected antiquity. 
(2) Before making any such declaration as 1s referred to in sub-section (1) the State 
Government shall, by notification in the Official Gazette, give two months’ 
notice of its intention to do so and a copy of such notification along witha 
statement of the reasons for which such declaration is proposed to be made, 
shall be affixed in a conspicuous place at or near the ancient or historical 
monument or the archaeological site which 1s proposed to be declared as 
protected or on or near the place where or in which such monument or the 
antiquity proposed to be declared as protected 1s for the time being. 
(3) Any person interested in any such monument, archaeological site or antiquity 
may, within two months after the publication of such notification in the Official 
Gazette, object to the proposed declaration. 
(4) On the expiration 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- 
(i) An ancient or historical monument to be a protected monument, or 
(ii) An archaeological site to be a protected area, or 
(iii) An antiquity to be a protected antiquity. 
(4A) Not withstanding anything contained in sub-sections (2) and (3), where the State 
Government is satisfied with respect to any monument, archaeological site or 
antiquity, that there is immediate danger of its removal or destruction, it may 
instead of proceeding under the said sub-sections, by notification in the official
Gazette forthwith make a declaration under clauses (1), (11) or (111), as the case 
may be, of sub-section (4) in respect of any such monument, archaeological site 
or antiquity: 
Provided that any person interested in any such monument, archaeological site 
or antiquity may, within two months after the publication of such notification, 
object to the declaration so made and State Government, after giving to such 
person an opportunity of being heard, may by order in writing dismiss the 
objection or withdraw the notification. 
(5) A notification published under sub-section (4) shall, unless and until it is 
withdrawn, be conclusive evidence of the fact that the ancient or historical 
monument, archaeological site or antiquity to which it relates is a protected 
monument, a protected area or a protected antiquity for the purposes of this Act. 
CHAPTER II 
Protected Monuments 
Acquisition of rights in or guardianship or a protected monument - (1) The Director 
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 Director may, by 
notification in the Official Gazette, assume the guardianship of such monument. 
(3) The owner of any protected monument may, by written instrument, constitute 
Director to be the guardian of such monument and the Director may, with the 
sanction of the State Government, accept such guardianship. 
(4) When the Director has accepted the guardianship of a protected monument under 
sub-section (3), - 
(a)the owner shall, except as expressly provided in this Act, have the same estate, 
right, title and interest in or to the monuments as if the Director had not been 
constituted a guardian thereof; and 
(b)the provisions of this Act relating to agreements executed under section 5, 
shall apply to the written instrument executed under the said sub-section. 
(5) Nothing in this section shall affect the use of any protected monument for 
customary religious observances. 
Preservation of protected monument by agreement- (1) The Collector, when so 
directed by the State Government, shall propose to the owner of a protected 
monument to enter into an agreement with the State Government within a specified 
period for the maintenance and upkeep of the monument. 
(2) An agreement under this section may provide for all or any of the following 
matters, namely: - 
(a) the maintenance and upkeep 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, or 
(ii) to charge any fee for entry into, or inspection of, the monument, or 
(iii) destroy, injure, mutilate, deface, alter, repair, remove or disperse the 
monument or to allow it to fall into decay, 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 archaeological officers or to persons deputed by the owner or any 
archaeological officer 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 1s offered for sale by the 
owner, and the right to be reserved to the State Government to purchase 
such land, or any specified portion of such land, at its market value: 
(f) the payments of any expenses incurred by the owner or by the State 
Government in connection with the maintenance and upkeep 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 1n connection with the maintenance and upkeep of the 
monument; 
(h) the appointment of an authority to decide any dispute arising out of the 
agreement; and 
(i) any matter connected with the maintenance and upkeep of the monument 
which is a proper subject of agreement between the owner and the State 
Government. 
(3) The terms of an agreement under this section may be altered from time to time by 
the State Government with the consent of the owner. 
(4) The State Government or the owner may, at any time after the expiration of three 
years from the date of execution of an agreement under this section, terminate it on 
giving six months’ notice in writing to the other party: 
Provided that, where the agreement is terminated by the owner, he shall pay to the 
State Government the expenses, 1f any, incurred by it on the maintenance and 
upkeep 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. 
(5) 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. 
Owners under disability. (1) In case of the owner of a protected monument being 
unable, by reason of infancy or other disability, to act for himself, the person legally 
competent to act on his behalf, and, in case of village property, the lambardar or other 
village-officer exercising powers of management of or over such property, may 
exercise the powers conferred upon an owner by section 5.
(2) Nothing in this section shall be deemed to empower any person not being of the 
same religion as the person on whose behalf he 1s acting to make or execute an 
agreement relating to a protected monument which or any part of which 1s 
periodically used for the religious worship or observances of that religion. 
7. Failure or refusal to enter into agreement. - (1) If any owner or other person 
competent to enter into an agreement under section 5 for the maintenance and upkeep 
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 specified in 
sub-section (2) of section 5. 
(2) 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 and being heard 
against the proposed order. 
(3) Every order made under sub-section (1) 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. 
(4) When an order made 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 and upkeep of the monument shall be 
payable by the State Government. 
8. Application of endowment to repair protected monument.- (1) If any owner or other 
person competent to enter into an agreement under section 5 for the maintenance and 
upkeep 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 thousand rupees, may make an application to the district judge for 
proper application of such endowment or part thereof. 
(2) On the hearing of an application under sub-section (1), the district judge may 
summon and examine the owner and any person whose evidence appears to him 
necessary and may pass an order for the proper application of the endowment or 
of any part thereof, and any such order may be executed as if it were a decree of a 
civil court. 
9. Enforcement of agreements.- (1) If an owner or other person who 1s bound by an 
agreement for the maintenance and upkeep of a protected monument under section 5 
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 and upkeep 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. 
(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.
10. Power to make order prohibiting contravention of agreement.- (1) If the Director 
apprehends that the owner or occupier of a protected monument intends to destroy, 
injure, mutilate, deface, alter, disperse, remove, imperil or misuse the monument or to 
allow it to fall into decay or to build on or near the site thereof in contravention of the 
terms of agreement under section 5, he may, after giving such owner or occupier an 
opportunity of making a representation in writing, make an order prohibiting any such 
contravention of the agreement: Provided that no such opportunity may be given in 
any case where the Director, for reasons to be recorded, is satisfied that it is not 
expedient practicable to do so. (2) Any person aggrieved by an order made under sub- 
section (1) any 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. Purchasers and persons claiming through owner bound by instrument- Every person 
who purchases any land on which 1s situated a protected monument 1n 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 right, title or interest to or ina 
monument from, through or under an owner who executed any such instrument, shall 
be bound by such instrument. 
12. Acquisition of protected monument (1) If the State Government apprehends that a 
protected monument 1s in danger of being destroyed, injured, mutilated, defaced, 
altered, dispersed, removed, misused or allowed to fall into decay, the State 
Government may acquire it under and in accordance with the provisions of the Land 
Acquisition Act 1894, (Central Act No. I of 1894) as if the preservation, maintenance 
and upkeep of the monument were a public purpose within the meaning of that Act. 
(2) No protected monument shall be acquired under sub-section- 
(a) 1f such monument or any part of it is periodically used for religious 
observances, or 
(b) 1f such monument 1s the subject of a subsisting agreement executed under 
section 4 or section 5, and 
(c) unless the owner or other person competent to enter into an agreement under 
section 5 has failed to enter into an agreement proposed to him by the 
Collector under sub-section (1) of section 5 within the period specified in such 
proposal, or 
(d) unless such owner or other person has terminated or given notice of his 
intention to terminate an agreement made under section 5. 
13. Maintenance of certain protected monuments — (1) The State Government shall 
maintain every monument which has been acquired under section 12 or in respect of 
which any of the rights mentioned in section 4 have been acquired. 
(2) When the Director has assumed or accepted the guardianship of a protected 
monument under section 4, he shall, for the purpose of the maintenance and 
upkeep of such monument, have access to the monument at all reasonable times, 
by himself and by his agents, subordinates and workmen, for the purpose of 
inspecting and repairing the monument and for the purpose of bringing such
materials and doing such acts as he may consider necessary or desirable for the 
maintenance and upkeep thereof. 
13A. Power to enter into agreement for the maintenance of certain monument- 
(1) The State Government may, for the purposes of maintenance of a monument 
falling under section 13, enter into an agreement with any person, firm or 
trust on such terms and conditions, not inconsistent with the provisions of 
this Act, as may be specified in the agreement. 
(2) Not withstanding anything contained in section 20A, the person, firm or trust 
referred to 1n sub-section (1) shall be entitled to collect and retain the whole 
or such portion of the fee leviable under section 20A and for such period, as 
may be agreed upon between the State Government and such person, firm or 
trust, having regard to the expenditure involved in the maintenance of the 
monument and collection of fee, interest on the capital invested, reasonable 
return on the investment and the volume of visitors. 
14. 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 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. 
15. Protection of place of worship from misuse, pollution or desecration. - (1) A protected 
monument maintained by the State Government under this Act which 1s a place of 
worship or shrine shall not be used for any purpose inconsistent with its character. 
(2) Where the State Government has acquired a protected monument under section 
12, or where the Director has purchased, or taken a lease, or accepted a gift or 
bequest or assumed or accepted guardianship of, a protected monument under 
section 4, 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- 
(a) by prohibiting the entry therein, except in accordance with the conditions 
prescribed with the concurrence of the persons, if any, in religious charge of 
the said monument or part thereof, of any person not entitled so to enter by the 
religious usages of the community by which the monument or part thereof 1s 
used, or 
(b) ) by taking such other action as he may think necessary in this behalf. 
16. Relinquishment of rights in a protected monument- With the sanction of the State 
Government, the Director may; 
(a) where rights have been acquired in respect of any monument under this Act by 
virtue of any sale, lease, gift or will, relinquish, by notification in the Official 
Gazette, the rights so acquired to the person who would for the time being is 
the owner of the monument as if such rights had not been acquired; or 
(b) relinquish any guardianship of a monument which he has accepted or assumed 
under this Act. 
17. Penalties - (1) Whoever —
(a) destroys, injures, mutilates, defaces, alters, removes, disperses, misuses, 
imperils or allows to fall into decay a protected monument, or 
(b) removes from a protected monument any sculpture, carving image, bas-relief, 
inscription or other like object, 
shall be punishable with imprisonment for a term which may extend to three years 
or with fine which may extend to one lac rupees or with both. 
(2) Whoever — 
(a) being the owner or occupier of a protected monument, contravenes an order 
made under section 7 or section 10, or 
(b) contravenes any other provision of this chapter for which contravention no 
punishment is provided for elsewhere therein, 
shall be punishable with the like punishment. 
18. Power to control mining etc. near protected monuments. (1) If the State Government 
is of opinion that mining, quarrying, excavating, blasting and other operations of a 
like nature should be restricted or regulated for the purpose of protecting or preserving 
any protected monument, the State Government may. by notification in the Official 
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 other 
operation of a like nature except in accordance with such rules and otherwise 
than under and in accordance with terms of a License, and 
(c) prescribing the authority by which, and the terms on which Licenses may be 
granted to carry on any of the said operations. 
(2) A rule made under this section may provide that any person committing a breach 
thereof shall be punishable with fine which may extend to five thousand rupees. 
19. Preservation of amenities of or to protected monuments. -(1) If the State Government 
of opinion that for the purpose of preserving amenities to or of any protected 
monument it is necessary so to do, the State Government may, by notification 1n the 
Official Gazette, in respect of any area comprising or adjacent to the site of such 
monument and 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 place of public convenience vesting in it, that is to say a 
latrine, urinal, dustbin and the like, located close to or in the vicinity of 
any protected monument; 
10
(d) prohibits or restrict the falling of trees within the controlled area; 
(e) otherwise restrict the user of land within the controlled area to such extent as 
may appear to the State Government to be expedient for the purpose of 
preserving the amenities to or 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 tehsil in which the 
controlled area is situated a notification stating that it proposes to issue a 
notification in terms of sub-section (1), together with a notice requiring all 
persons affected by such notification, who wish to make any objections to the 
issuing of such a notification, to submit their objections in writing to the State 
Government or to 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 the controlled area, whichever 
period expires later. 
(3) If. before the expiration of the time allowed by sub-section (2) for the filing of 
objections, no objections 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, after all the objections have been considered or 
heard, as the case may be, may either — 
(a) abandon the proposal to issue the notification under sub-section (1), or 
(b) issue the notification under sub-section (1) with such modification 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. 
(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 
intention to issue 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, reected 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. 
11
20. 
21. 
22. 
(6) If any person contravenes any of the provisions of a notification issued under sub- 
section (1), he shall, on conviction, be punished with fine not exceeding three 
thousand rupees for every day on which the contravention occurs or continues. 
(7) If, after any person has been convicted under sub-section (6) by reason of the fact 
that any building, structure or other work is not in conformity with the provisions 
of the notification issued under sub-section (1), the contravention continues after 
the expiration of such period as the court before whom he was convicted may 
determine, the State Government shall 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 aforesaid for making it 
conform with the provisions of the notification and any expenses incurred by the 
State Government in so doing shall be recoverable as an arrear of land revenue 
from the person convicted. 
Right of access to protected monuments- (1) Subject to any rules made under this 
Act, the public shall have a right of access to every protected monument. 
(2)In making any rule under sub-section (1) the State Government may provide that a 
breach of it shall be punishable with fine which may extend to three thousand 
rupees. 
20A. Power to levy entrance fee- (1) The State Government may, by notification in 
the Official Gazette, levy entrance fee in respect of such protected monuments, and at 
such rates not exceeding two thousand five hundred rupees per head, as may be 
specified in such notification: 
Provided that if the State Government is of the opinion that it 1s expedient in 
the public interest so to do, it may by like notification, exempt, wholly or partly, any 
class of persons from the payment of entrance fee. 
(2) Such entrance fee when so levied shall be collected in accordance with the 
rules made under this Act. 
CHAPTER III 
Protected Areas 
Acquisition of a protected area- If the State Government is of opinion that any 
protected area contains an ancient or historical monument or antiquities of historical, 
archaeological or artistic importance, interest or value, it may acquire such area under 
and in accordance with the provisions of the Land Acquisition Act, 1894 (Central A 
No. 1 of 1894) as if the acquisition thereof were for a public purpose within the 
meaning of that Act. 
Restrictions on property rights in protected areas- (1) No person including the owner 
occupier of a protected area, shall construct any building within the protected area 
carry on any mining, quarrying, excavating, blasting or any operation of like nature in 
such area, or utilise such area or any part thereof in any other manner without the 
permission of the State Government: 
12
Provided that nothing in this sub-section shall be deemed to prohibit the use of any 
such area or part thereof for purposes of cultivation if such cultivation does not 
involve the digging of not more than one foot of soil from the surface. 
(2) The State Government may, by order, direct that any building constructed by and 
person within a protected area in contravention of the provisions of sub-section 
(1) shall be removed within a specified period and, if the person refuses or fails to 
comply with the order, the Collector may cause the building to be removed and 
the person shall be liable to pay the cost of such removal. 
23. Excavations for archaeological or historical purposes- (1) An archaeological officer or 
an officer authorised by him in this behalf or any person holding a License granted in 
this behalf in the prescribed manner under this Act (herein after referred to as the 
Licensee) may, after giving notice in writing to the Collector and the owner, enter 
upon and make excavation 1n any protected area. 
(2) Where an archaeological officer has reason to believe that any area not being a 
protected area contains ruins or relics of historical or archaeological importance, 
he or an officer authorised by him in this behalf may, after giving notice in 
writing to the Collector and the owner, enter upon and make excavations in the 
area. 
24. Restrictions on excavations. (1) Notwithstanding anything contained in section 23, no 
excavation or other like operation for archaeological or historical purposes shall be 
undertaken or authorised to be undertaken in any area except with the previous 
approval of the Central Government and in accordance with such rules and directions, 
if any, as the Central Government may make or give in this behalf. 
(2) Where, in the exercise of the power conferred by section 22, the rights of any 
person are infringed by the occupation or disturbance of the surface of any land, 
the Slate Government shall pay to that person compensation for such 
infringement. 
25. Disposal of Antiquities etc. discovered during excavations- (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, and 
(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) All such antiquities shall be deemed to be protected antiquities and, until orders of 
the State Government as to the disposal or compulsory purchase thereof are 
received, 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. 
13
26. 
27. 
28. 
(4) When an order for the compulsory purchase of any antiquities 1s made under sub- 
section (3), such antiquities shall vest in the State Government with effect from 
the date of the order. 
Contraventions of chapter. -Whoever does any act in contravention of the provisions 
of this chapter, for which contravention no punishment 1s provided for elsewhere 
therein, shall be punishable with imprisonment for a term which may extend three 
years or with fine which may extend to one lac rupees or with both. 
Regulation of excavations in protected areas- (1) The State Government may make 
rules 
(a) prescribing the authorities by whom Licenses to excavate for archaeological 
and historical purpose in a protected area may be granted; 
(b) regulating the conditions on which such Licenses may be granted the form of 
such Licenses and the taking of security from Licensees; 
(c) prescribing the manner in which antiquities found by a Licensee shall be 
disposed of; and 
(d) generally, to carry out the purposes of this chapter. 
(2) Such rules may be general for all protected areas for the time being or may be 
special for any particular protected area or areas and may provide that any person 
committing a breach of any rule or of any condition of a License shall be 
punishable with fine which may extend to five 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. 
CHAPTER IV 
Protected Antiquities 
Power of Government to control movement of protected antiquities. — (1) If the State 
Government considers that any protected antiquities or class of protected 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 protected antiquity or any class of such protected antiquities shall not be 
moved except with the written permission of the Director. 
(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. 
(4). Any person who moves any protected antiquity in contravention of a 
notification issued under sub-section (1) shall be punishable with fine which 
may extend to fifteen thousand rupees. 
(5). If the owner of any property proves, to the satisfaction of the State 
Government, that he has suffered any loss or damage by reason of the 
14
29. 
30. 
31. 
32. 
inclusion of such property 1n a notification issued under sub-section (1), the 
State Government may — 
(a) exempt such property from the said notification, or 
(b) purchase such property at its market value, or 
(c) pay compensation for any loss or damage sustained by the owner of 
such property. 
Purchase of protected antiquities by Government. — (1) If the State Government 
apprehends that any antiquity mentioned in a notification issued under sub-section (1) 
of section 28 is in danger of being destroyed, injured, mutilated, defaced, altered, 
removed, dispersed, misused or allowed to fall into decay or is of opinion that by 
reason of its historical or archaeological or artistic importance it 1s 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 purchase: 
Provided that the power of purchase given by this sub-section shall not be extend to 
any image or symbol actually used for bonafide religious observations. 
(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. 
CHAPTER V 
Miscellaneous 
Constitution of an Advisory Board. — 
(1) For the purpose of advising the State Government in the matter of the 
preservation, maintenance, upkeep, protection, acquisition, regulation and control 
of ancient or historical monuments, archaeological sites and antiquities in the 
State, the State Government may constitute an Advisory Board under the name of 
the Rajasthan Board for ancient Monuments, Archaeological Sites and 
Antiquities. 
(2) The constitution of the Advisory Board and the procedure regarding its work shall 
be such as may be prescribed. 
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 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. 
Assessment of market value or compensation. — (1) The market value of any property 
which the State Government 1s empowered to purchase at such value under this Act or 
the Compensation to be paid by the State Government in respect of anything done or 
any property acquired under this shall, where any dispute arises in respect of such 
market value or compensation, be ascertained in the manner provided in the 
provisions of the Land Acquisition Act, 1894 (Central Act No. 1 of 1894) in so far as 
those provisions can be made applicable: 
15
33. 
34. 
35. 
36. 
37. 
38. 
Provided that, when making an inquiry under that Act, the Collector shall be assisted 
by two assessors, one of whom shall be a competent person nominated by the State 
Government and the other 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. 
(3) Notwithstanding anything contained in sub-section. (1) or in the Land Acquisition 
Act, 1894 (Central Act No. 1 of 1894) in determining the market value of any 
antiquity in respect of which an order for compulsory purchase 1s made under sub- 
section (3) of section 25 or under sub-section (1) of section 29, any increase 1n the 
value of the antiquity by reason of its being of historical, archaeological or artistic 
importance, interest or value shall not be taken into consideration. 
Delegation of powers — The State Government may, by notification in the Official 
Gazette, direct that any power exercisable by it under this Act may be exercised 
subject to such conditions, if any, as may be specified in such notification, by the 
Director or by any other officer not below the rank of a Collector as may be specified 
in the notification. 
Jurisdiction of Courts — No court inferior to that of a Magistrate of the first class shall 
try any offence under this Act. 
Special procedural provisions — Notwithstanding anything contained in the Code of 
Criminal Procedure, 1898 (Central Act 5 of 1898) — 
(a) An offence under sub-section (1) of section 17 shall be deemed to be 
cognizable offence within the meaning of that code, and 
(b) it shall be lawful for any Magistrate of the first class specially empowered by 
the State Government in this behalf to pass a sentence of fine exceeding two 
thousand rupees on any person convicted of an offence which under this Act is 
punishable with find exceeding two thousand rupees. 
Recovery of amount 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 
archaeological officer authorized by him in this behalf, be recovered in the same 
manner as an arrear of land revenue. 
Protection of action taken under the Act - No suit for compensation and no criminal 
proceeding shall lie against the State Government or any public servant in respect of 
any act done or intended to be done in good faith in the exercise of any power 
conferred by this Act. 
37-A. Rectification of error - Any clerical mistake, patent error or error from 
accidental slip or omission 1n the description of any ancient or historical monument or 
archaeological site or antiquity declared protected under this Act may, at any time be 
corrected by the State Government by notification in the Official Gazette. 
Power to make rules - (1) The State Government may, by notification in the Official 
Gazette and subject to the condition of previous publication, make rules for carrying 
out the purposes of this Act. 
(2)In particular and without prejudice to the generality of the foregoing power such 
rules may provide for all matters which, under any provision of this Act, may be or 
are required to be prescribed or provided for by rules. 
16
(3)Any rule made under this section may provide that a breach thereof shall be 
punishable with fine, which may extend to one lac rupees. 
(4)AIl rules made under this section shall be laid before the House of the State 
Legislature as soon as possible after they are made and shall be subject to such 
modifications as that House may make during the session 1n which they are so laid 
or the session immediately following. 
39. Repeal and savings - The Ancient Monuments Preservation Act, 1904 of the Central 
Legislature as adapted to the pre-reorganization State of Rajasthan or as extending to 
the Abu and Ajmer areas and other corresponding laws of any State Legislature for 
the time being in force in any part of the State shall cease to have effect upon the 
coming into force of this Act, except as respects things done or omitted to be done 
before the commencement of this Act. 
17
jktLFkku jkt&i= 
Rajasthan Gazette 
YZalkf/kdkj izdkf’ kr’ 
(Published by Authority) 
OS’kk[k 4] xq#okj] 'kd IEor~ 1891 &vizsy 24] 1969 
Vaisakha 4, Thursday, Shak Samvat, 1891 April 24, 1969 
Hkkx&4 Vax 
mi&[k.M Vl%s 
jKT; ljdkj rFkk VU; jkT;&izkf/kdkfj;ksa }kjk tkjh fd;s x;s 
YalkekU; vkns'kksa] mi&fof/k;ksa vkfn dks IlfEefyr djrs gq,” IkekU; 
dkuwuh fu;e 
EDUCATION DEPARTMNET 
NOTIFICATION 
Jaipur, December 31, 1968 
G. S. R. 3. -In exercise of the powers conferred by section 38 of the Rajasthan Monuments, 
Archaeological Sites and Antiquities Act, 1961 (Rajasthan Act 19 of 1961) and the super- 
session of the Notification of even number dated 28h September, 1966, published in the 
Rajpatra, Part 4 (c), dated 28" Septe

Excerpt shown. Open the full act in Lexace.

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