The ASSAM ANCIENT MONUMENTS AND RECORDS ACT, 1959
###### ASSAM ACT No.XXV OF 1959

 THE ASSAM ANCIENT MONUMENTS AND RECORDS ACT, 1959

 (As passed by the Assembly)

(Recehred the assent ·or the President on the 24th September 1959)

[Published in the Assam _Gazette,_ dated the 7th Octol er 1959]

...
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_An_

_Act_

to provide for the preservation and protection of ancient and historical
monuments and records in Assam other than those declared by or under law
made by Parliament to be of National Importance.

Preamble.-WHEREAS it is expedient to provide for the preservation and
protection of ancient and historical monuments and records iD Asr.am other
than those declare..1 by or under law made by Parliament to be of National
Importance and certain other matters connected therewith ;

_Price_ _·12_ _nP._ _or_ _2d._


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###### It is hereby enacted in the Tenth Year of the Republic of India as
foilows :-

PRELIMINARY

1. Short title, extent and commencement.-(1) This Act may be
called the Assam Ancient Monuments and Records Act, i959.

(2) It extends to the whole of Assam.
(3) It shall come into force on such date as the State Government may,
by notification in the Official Gazette, appoint.

2. Definition.-In this Act, unless there is anything repugnant in the
subject or context-
_(a)_ "Ancient Monument" means any structure, erection or monument
or any tumulus or place of interment, or any cave, rock-sculpture, inscription
or monolith, which is of historical, archreological or artistic interest and
which has been in existence for not less than one hundred years :.ind
###### includes-
(i) the remains of ancient monument;
(ii) the site of an ancient monument ;
_(iii)_ such portion of land adjoining the site of an ancient monument as
may be required for fencing or covering in or otherwise preserving
such monument, and
_(iv)_ the means of access to, and convenient inspection of an ancient
monument;
_(b)_ "land" includes a revenue-free estate, a revenue-paying estate, and
a permanent transferable tenure, whether such an estate or tenure be subject
to incumbrances or not ;
_(c)_ "maintain" with its grammatical variations and cognate expres~ion,

includes the fencing, covering in repairing, restoring and cleansing of
a protected monument, and the doing of any act which may be necessary for
the purpose of preserving a protected monument or of securing convenient
access thereto.
_(d)_ "owner" includes-

_(i}_ a joint owner invested with the powers of management on behalf
of himself and other joint owners and the successor-in-title of any
such owner, and
(ii} any management or trustee exercising powers of management and _--..i_

the successor-in-office of any such manager or trustee;
_(e)_ "prescribed" means prescribed by rules made under this Act ;
###### (f) "Superintendent" means the Superintendent of Archreoiogy, and
includes any officer authorised by the State Government to perform the
duties of the Superintendent.          -

PROTECTED MONUMENTS

3. Protected monuments.-(1) The State Government may, by
notification in the official Gazette, declare an ancient monument to be a
protected monument within the meaning of this Act.

(2) A copy of every notification published under sub-section (1) shall be

fixed up in a conspicuous place on or near the monument, together with
an intimation that any objections to the issue of the notification received by
the State Government within orle month fror:p the elate when it is ~o fixed

up will be taken into conside.ratjoq.

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###### . 3

, (3) On the expiry of the said ·period of one month, the State Govern•

-'ment, after considering the objection, if any, shall confirm or withdraw the
notification.

(4) A notification published under this Act shall, unless and until it is
withdrawn, be conclusive evidence of the fact that the monument to which
it relates is an ancient monument within the meaning of this Act.

4. Acquisition of right in or guardianship of an ancient monu•

###### ment.-(1) The Superintendent with the sanction of the State Government,
may 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 Superinten-

dent may, by notification in the Official Gazette, assume the guardianship
of the monument.
(3) The owner of any protected monument may, by written instrument,
constitute the Superiutendent the guardian of the monument, and the
Superintendent mz.y, with sanction of the State Government, accept such
guardianship.       -

(4) When the Superintendent has accepted the guardianship of a
monument under sub-section (3), the owner shall, except as expressly
provided in this Act have the same estate, right, title and interest in and
to the monument as if the Superintendent had not been constituted
guardian thereof.
(5) When the . Superintendent has accepted the guardianPhip of a
monument under sub-section (3), the pr<>Visions of this Act relating to
agreements executed under section 5 shall apply to the written instrument
executed under the said sub-section.

5. Preservation of ancient monument by Agreement.-Cl) Tne
Deputy' Commissioner, when so directed by the State Government shall pro•
pose 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 in his district.

(2) An agreement under this section may provide for all or any of the

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following matters, namely;-

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(a) the maintenance of the monument;
_(b)_ the custody of ·the monument and the duties of any person who
may be empl9yed 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 monu•

###### ment;
_(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 tne public or any section
thereof and to persons deputed by the owner or the Deputy
Commissioner 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 rig4.t to be reserved -to- the Sti'i.te

Government to purchase such land, or any specified portion of
such land, at its market value ;


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###### (j) the payment of any expenses incurred hy 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 main-
tenance of the monument ;
_(h)_ the appointment of an authl)rity to decide any dispute arising out
###### of the agreement ; and
(i) any matter connected with the preservation of the monument
which is a proper subject of agreement between the owner and
the State Government.

{3} The State Government or the owner may, at any time after the
expiration of three years from the date of execution of an agreement
undrr 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, 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 owner of the monument to which it relates, through or
under a party by whom or on whose behalf the agreement was executed •

             - 6. Owners under disability or not in possession.-(!) 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 5.

(2) In the case of village-property, the headman or other village-officer
exercising powers of management over such property may exercise the
powers conferred upon an owner by section 5.

(3) Nothing in this section shall be deemed to empower any person

' not being of the same religion as the person on whose behalf he is acting
to make or execute an agreement relating to a protected monument
which or any part of which is periodically used for the religious worship or
observance of that religion.           -

7. Application of endowment to repair a protected monument.-
( I) If any owner'or other person competent to enter into an agreement
under section 5 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 monu-
ment does not exceed one thousand rupees, may make an application to
the district judge for the proper application of such endowment or part
thereof.


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_12)_ On the hearing of an application under sub-section tl), the
district juc,lge may summon and examine the owner and any person
whose evidence appears to him necessary, and may pass an order for
the proper application of the endowment or of any part thereof, and any
such order may be executed as if it were the decree of a civil court.

8. Failure or refusal to enter into an agreement.-{!) If any
owner or other person competent to enter into an agreement under section
5 for 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 specified in sub-section (2) of section 5 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 thP 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 ordera

9. Power to make order prohibiting contravention of agreeinent

###### under section 5.-(1) If the Superintendent apprehends that the owner
or occupi~r 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 5, the Superin-
tendent may, after giving the owner or occupier an opportunity of making
a representation in writing, make an order prohibiting any such contraven-
tion of the agreement:

Provided that no such opportunity may be given in any case where the
Superintendent, for reason 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 State Government within such time and in such manner as may be
prescribed and the decision of the State Government shall be final.

#### _/ 10. Enforcement of agreement.-(!) If an owner or other person

who is bound by an agreement for the maintenance of a monument under
section 5 refuses or fails within such reasonable time as the Superintendent
may fix, to do any act which i~ the opinion of the Superintendent, is neces-
sary for the maintenance of the monument, the Superintendent may autho-

rise 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 ex-
penses 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 {l), it shall be referred to the
State Government whose decision shall be final.

11. Purchasers at certain sales and persons claiming thl'ough

###### owner bound by instrument e:secuted by owner.-Every person


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who purchases, at a sale for arrears of land revenue or any other pubiic
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 sec-
tion 4 or.section 5 and every person claiming any title to a monument

from, through or under, an owner who executed any such instrument, shall
be bound by such instrument.

12. **Acquisition** **of** **protected** **monuments.-If** the State Govern-

ment apprehends that a protected monument is in danger of being destro-
yed, injured, misused, or allowed to fall into decay, it may ac:quire the pro-
tected monument under the provisions of the Land Acquisition Act, 1894
(Act I of 1894) as if the m:i.intenance of the protected monument were a
public purpose within the meaning 0f that Act.

13. **Maintenance** **of** **certain** **protected monument.-(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 Superintendent has assumed the guardianship of a

monument under section 4, he shall, for the purpose of maintaining such
monument, have access to the monument at all reasonable times, by him-

self and by his agents, subordinates and workmen, for the purpose of ins-

pecting the monument, and for the purpose of bringing such materials and
doing such acts as he may consider necessary or desirable for the main-

tenance thereof.

**14.** **Voluntary** **contribution.-The** Superintendent may receive

voluntary contributions towards the cost of maintaining a protected monu-

         - ment and may give orders as to the management and application :> of any
funds s6 received by him :

Provided that no contribution received under this section shall be

applied to any pur~ose other than the purpose for which it was contributed.

15. **Protection** **of** **place** **of** **worship** **from** **misuse,** **pollution or**

       - desecration.-(1) A protected monument maintaintd by the State Govern-

ment under this Act which is 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 Superintendent has purchased, or taken a
lease or accepted a gift or bequest or assumed 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 Deputy
Commissioner shall make due provision for the protection of such monument
or such part thereof, from polfution or desecration-'

_(a)_ by prohibiting the entry therein, except in accordance with the

conditiq_ns 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 011 part_ thereof is used, or


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_(b)_ by taking such other action as he may think necessary in this
behalf.

16 . . Relinquishment of Government rights in a monument.-
With the sanction of the State Government the Superintendent may,-

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_(a)_ where rights have been acquired by the State Government 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 to acquire 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 .           -

-~I 17 . Right of access to certain protected monuments.----Subject to
any rules made under this Act, the public shall have a right of access to
any protected monument.

PRINCIPLES OF COMPENSATION

18. Compensation for loss or damage.-Any owner or occupier of
land who has sustained any loss or damage by reason of any entry on such
land or the exercise of any other power conferred by this Act sh'ill be paid
compensatio'l by the State Government for such loss or damage. _

19. Assessment of market value or compensation.-The market
value of any property which the State Government is empowered to pur-
chase at such value under this Act or .the compensation to be paid by the

State Government in respect of any thing done under this Act shaU, where
any dispute arises in respect of such market value or compensation, be
ascertained in the manner provided in Land Acquisition Act, 1894 (Act I
of 1894) so far as the provision thereof can be made applicable:
Provided that, when making au e.nquiry under the said Land Acquisi-
tion Act, the Deputy Commissioner shall be assisted by two assessors, one

.of whom shall be a competent person nominated by the State Gov~rn,nent
and one 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
Deputy Commissioner in his behalf, by the Deputy Commissioner.

MISCELLANEOUS

20. Penalties.-Whoever-
(i) destroys, removes, injures, alters, defaces, imperils or misuses a
protected monument, or
(ii) being the owner or occupier of a protected monument, contra-
venes an order made under sub-section (1) of section 8 or under
sub-section (1) of section LO, shall be punishable with imprison-
ment which may- extend to three months, or with fine which
may exterul to five thousan::l rupees, or with both. ,

21. Jurisdiction to try offences.-No court inferior to that of a
magistrate of the first class shall try any offence under this Act.
22. Certain offences to be cognisable.-Notwithstanding anything

1=ontained in the r:!ode of Criminal Procedure, 1898 (Act No.5 of 1898), an


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offence under clause (i) of section 20, shall be deemed to be a cognizable
offence within the meaning of that Code.

23. Power to correct mistakes, etc.-Any clerical mistake, patent
error or error arising from accidental slip or omission in the description of
any ancient monument declared to be a protected monument by or under
this Act may, at any time, be corrected by the State Government by notifi-
cation in the Official Gazette.

24. Protection of action taken under the Act.-No suit for com-
pensation and no Criminal proceeding shall lie against any public servant in
respect of any act done or in good faith intended to be done in the exercise
of any power conferred by this Act.
25. 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 O'l:1t the purposes of this Act.
(2) All rules made under this section shall be laid for not less than
fourteen days before the Assam Legislative Assembly as soon as possible
after they are made, and shall be subject to such modifications as the
Legislative Assembly may make .:luring the session in which tl\cy arc s9
laid or the session immediately following.

A G P (Leg) 9/60-1050-14-7-61


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