The Ancient Monuments Preservation Act, 1904
# THE ANCIENT MONUMENTS PRESERVATION ACT, 1904

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# ARRANGEMENT OF SECTIONS

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SECTIONS

1. Short title and extent.

2. Definitions.

3. Protected monuments.


_Ancient Monuments_

4. Acquisition of rights in or guardianship of an ancient monument.

5. Preservation of ancient monument by agreement.

6. Owners under disability or not in possession.

7. Enforcement of agreement.

8. Purchasers at certain sales and persons claiming through owner bound by instrument executed by

owner.

9. Application of endowment to repair of an ancient monument.

10. Compulsory purchase of ancient monument

10A. Power Central Government to control mining, etc., near ancient monument.

11. Maintenance of certain protected monuments.

12. Voluntary contributions.

13. Protection of place of worship from misuse, pollution or desecration.

14. Relinquishment of Government rights in a monument.

15. Right of access to certain protected monuments.

16. Penalties.

_Traffic in Antiquities_

17. Power to Central Government to control traffic in antiquities.

_Protection of Sculptures, Carvings, Images, Bas-reliefs, Inscriptions or like objects_

18. Power to Central Government to control moving of sculptures, carvings or like objects.

19. Purchase of sculptures, carvings or like objects by the Government.

_Archaeological Excavation_

20. Power of Central Government to notify areas as protected.

20A. Power to enter upon and make excavations in a protected area.


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SECTIONS

20B. Power of Central Government to make rules regulating Archaeological excavation in protected

areas.

20C. Power to acquire a protected area.

_General_

21. Assessment of market-value or compensation.

22. Jurisdiction.

23. Power to make rules.

24. Protection to public servants acting under Act.


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# THE ANCIENT MONUMENTS PRESERVATION ACT, 1904
 ACT NO. 7 OF 1904[1]

[18th March, 1904.]

# An Act to provide for the preservation of Ancient Monuments and of objects of archaeological,
 historical, or artistic interest.

WHEREAS it is expedient to provide for the preservation of ancient monuments, for the exercise of control

over traffic in antiquities and over excavation in certain places, and for the protection and acquisition in
certain cases of ancient monuments and of objects of archaeological, historical or artistic interest; It is hereby
enacted as follows:—

**1. Short title and extent.—(1) This Act may be called the Ancient Monuments Preservation**

Act, 1904.

2[(2) It extends to the whole of India 3[ *except the State of Jammu and Kashmir].]

**2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—**

(1) “ancient monument” means any structure, erection or monument or any tumulus or place of

interment, or any cave, rock-sculpture, inscription or monolith, which is of historical, archeological or
artistic interest, or any remains thereof, and includes—

(a) the site of an ancient monument;

(b) such portion of land adjoining the site of an ancient monument as may be required for fencing

or covering in or otherwise preserving such monument; and

(c) the means of access to and convenient inspection of an ancient monument:

(2) “antiquities” include any moveable objects which [4][the Central Government], by reason of their

historical or archeological associations, may think it necessary to protect against injury, removal or
dispersion:

(3) “Commissioner” includes any officer authorised by [5][the Central Government] to perform the

duties of a Commissioner under this Act:

(4) “maintain” and “maintenance” include 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
maintaining a protected monument or of securing convenient access thereto:

1. The Act has ceased to have effect in relation to ancient and historical monuments and archaeological sites and remains declared to

be of national importance by or under Act 24 of 1958, vide s. 39 thereof (w.e.f. 15-10-1959). Ceased to have effect in Andhra in
relation to Ancient and Historical Monuments and Archaeological Sites and Remains Area declared to be protected Monuments by
Andhra Act 7 of 1960.
The Act has been repealed in its application to Bellary District by Mysore Act 14 of 1955 and in Maharashtra by Maharashtra

Act 12 of 1961.

Amended in its application to—

(1) Mysore by Mysore Act 7 of 1962.
(2) Rajasthan by Rajasthan Act 19 of 1961.
The Act comes into force in Pondicherry on 1-10-1963: vide Reg. 7 of 1963, s. 3 and the First Schedule.

2. Subs by the A.O. 1950, for sub-section (2).
3. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “except Part B States”.
4. Subs. by the A.O.1937, for “the Govt.”.
5. Subs., ibid., for “the L.G.”.
*. Now applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh by the Notification of

Government of India, M/o Home Affairs vide No. S.O. 3912 (E), dated 30th October, 2019 (w.e.f. 31-10-2019).


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(5) “land” includes a revenue-free estate, a revenue-paying estate, and a permanent transferable

tenure, whether such estate or tenure be subject to incumbrances or not: and

(6) “owner” includes a joint owner invested with powers of management on behalf of himself and

other joint owners, and any manager or trustee exercising powers of management over an ancient
monument, and the successor in title of any such owner and the successor in office of any such manager
or trustee:

Provided that nothing in this Act shall be deemed to extend the powers which may lawfully be

exercised by such manager or trustee.

**3. Protected monuments.—(1) The [1][Central 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 [1][Central Government] within one month from the date when it is so fixed up will be taken
into consideration.

(3) On the expiry of the said period of one month, the [1][Central Government], after considering the

objections, if any, shall confirm or withdraw the notification.

(4) A notification published under this section shall, unless and until it is withdrawn, be conclusive

evidence of the fact that the monument to which it relates is an ancient monument within the meaning of this
Act.

_Ancient Monuments_

**4. Acquisition of rights in or guardianship of an ancient monument.—(1) The Collector, with the**

sanction of the [1][Central Government], may purchase or take a lease of any protected monument.

(2) The Collector, with the like sanction, may accept a gift or bequest of any protected monument.

(3) The owner of any protected monument may, by written instrument, constitute the Commissioner the

guardian of the monument, and the Commissioner may, with the sanction of the [1][Central Government],
accept such guardianship.

(4) When the Commissioner 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 Commissioner had not been constituted guardian thereof.

(5) When the Commissioner has accepted the guardianship of a monument under sub-section (3), the

provisions of this Act relating to agreements executed under section 5 shall apply to the written instrument
executed under the said sub-section.

(6) Where a protected monument is without an owner, the Commissioner may assume the guardianship of

the monument.

**5. Preservation of ancient monument by agreement.—(1) The Collector may, with the previous**

sanction of [2][the Central Government], propose to the owner to enter into an agreement with [3][the Central
Government] for the preservation of any protected monument in his district.

(2) An agreement under this section may provide for the following matters, or for such of them as it may

be found expedient to include m the agreement:—

(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;

1. Subs. by the A.O. 1937, for “L.G.”.
2. Subs., ibid., for “the L.G”.
3. Subs., ibid., for “the Secretary of State for India in council”.


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(c) the restriction of the owner’s right to destroy, remove, alter or deface the monument or to build on

or near the site of the monument;

(d) the facilities of access to be permitted to the public or to any portion of the public and to persons

deputed by the owner or the Collector to inspect or maintain the monument;

(e) the notice to be given to the Central Government in case the land on which the monument is

situated is offered for sale by the owner, and the right to be reserved to [1][the Central 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 [1][the Central Government] in connection

with the preservation of the monument;

(g) the proprietary or other rights which are to vest in Government in respect of the monument when

any expenses reinsured by [1][the Central Government] in connection with the preservation of the
monument;

(h) the appointment of an authority to decide any dispute arising out of the agreement; and

(i) any matter connected with the preservation of the monument which is a proper subject of

agreement between the owner and [1][the Central Government].

2*     -     -     -     
(4) The terms of an agreement under this section may be altered from time to time with the sanction of

3[the Central Government] and with the consent of the owner.

(5) With the previous sanction of [3][the Central Government], the Collector may terminate an agreement

under this section on giving six months’ notice in writing to the owner.

(6) The owner may terminate an agreement under this section on giving six months’ notice to the

Collector.

(7) An agreement under this section shall be binding on any person claiming to be owner of the

monument to which it relates, through or under a party by whom or on whose behalf the agreement was
executed.

(8) Any rights acquired by [1][the Central Government] in respect of expenses incurred in protecting or

preserving a monument shall not be affected by the termination of an agreement under this section.

**6. Owners under disability or not in possession.—(1) If the owner is unable, by reason of infancy or**

other disability, to act for himself, the person legally competent to act on his behalf may exercise the powers
conferred upon an owner by section 5.

(2) In the case of village-property, the headman or other village-officer exercising powers of management

over such property may exercise the powers conferred upon an owner by section 5.

(3) Nothing in this section shall be deemed to empower any person not being of the same religion as the

persons on whose behalf he is acting to make or execute an agreement relating to a protected monument
which or any part of which is periodically used for the religious worship or observances of that religion.

**7. Enforcement of agreement.—(1) If the Collector apprehends that the owner or occupier of a**

monument intends to destroy, remove, alter, deface, or imperil the monument or to build on or near the site

1. Subs. by the A.O.1937, for “the Government”.
2. Sub-section (3) omitted, ibid.
3. Subs., ibid., for “the L.G.”.


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thereof in contravention of the terms of an agreement for its preservation under section 5, the Collector may
make an order prohibiting any such contravention of the agreement.

(2) If an owner or other person who is bound by an agreement for the preservation or maintenance of a

monument under section 5 refuses to do any act which is in the opinion of the Collector necessary to such
preservation or maintenance, or neglects to do any such act within such reasonable time as may be fixed by
the Collector, the Collector may authorize any person to do any such act, and the expense of doing any such
act or such portion of the expense as the owner may be liable to pay under the agreement may be recovered
from the owner as if it were an arrear of land-revenue.

(3) A person aggrieved by an order made under this section may appeal to the Commissioner, who may

cancel or modify it and whose decision shall be final.

**8. Purchasers at certain sales and persons claiming through owner bound by instrument executed**

**by owner.—Every person who purchases, at a sale for arrears of land-revenue or any other public demand, or**
at a sale made under the Bengal Patni Taluks Regulation, 1819, (Ben. Reg. 8 of 1819) an estate or tenure in
which is situated a monument in respect of which any instrument has been executed by the owner for the time
being, under section 4 or section 5 and every person claiming any title to a monument from, through or under
an owner who executed any such instrument, shall be bound by such instrument.

**9. Application of endowment to repair of an ancient monument.—(1) If any owner or other person**

competent to enter into an agreement under section 5 for the preservation of a protected monument, refuses or
fails to enter into such an agreement when proposed to him by the Collector, and if any endowment has been
created for the purpose of keeping such monument in repair, or for that purpose among others, the Collector
may institute a suit in the Court of the District Judge, or, if the estimated cost of repairing the monument does
not exceed one thousand rupees, may make an application to the District Judge for the proper application of
such endowment or part thereof.

(2) On the hearing of an application under sub-section (1), the District Judge may summon and examine

the owner and any person whose evidence appears to him necessary, and may pass an order for the proper
application of the endowment or of any part thereof, and any such order may be executed as if it were the
decree of a Civil Court.

**10. Compulsory purchase of ancient monument.—(1) If the** [1][Central Government] apprehends that a

protected monument is in danger of being destroyed, injured or allowed to fall into decay [2][the Central
Government may direct the State Government to acquire it] under the provisions of the Land Acquisition
Act, 1894 (1 of 1894), as if the preservation of a protected monument were a “public purpose” within the
meaning of that Act.

(2) The powers of compulsory purchase conferred by sub-section (1) shall not be exercised in the case

of—

(a) any monument which or any part of which is periodically used for religious observances; or

(b) any monument which is the subject of a subsisting agreement executed under section 5.

(3) In any case other than the cases referred to in sub-section (2) the said powers of compulsory purchase

shall not be exercised unless the owner or other person competent to enter into an agreement under section 5
has failed, within such reasonable period as the Collector may fix in this behalf, to enter into an agreement

1. Subs. by the A.O.1937, for “L.G.”.
2. Subs., ibid., for “the L.G. may proceed to acquire it”.


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proposed to him under the said section or has terminated or given notice of his intention to terminate such an
agreement.

1[10A. Power Central Government to control mining, etc., near ancient monument.—(1) If the

2[Central 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 ancient
monument, the [2][Central 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 any operation of a like

nature except in accordance with the rules and with the terms of a licence, and

(c) prescribing the authority by which, and the terms on which, licences may be granted to carry on

any of the said operations.

(2) The power to make rules given by this section is subject to the condition of the rules being made after

previous publication.

(3) A rule made under this section may provide that any person committing a breach thereof shall be

punishable with fine which may extend to two hundred rupees.

(4) If any owner or occupier of land included in a notification under sub-section (1) proves to the

satisfaction of the [2][Central Government] that he has sustained loss by reason of such land being so included,
the [2][Central Government] shall pay compensation in respect of such loss.]

**11. Maintenance of certain protected monuments.—(1) The Commissioner shall maintain every**

monument in respect of which the Government has acquired any of the rights mentioned in section 4 or which
the Government has acquired under section 10.

(2) When the Commissioner has accepted the guardianship of a monument under section 4, he shall, for

the purpose of maintaining such monument, have access to the monument at all reasonable times, by himself
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 necessary or desirable for the
maintenance thereof.

**12. Voluntary contributions.—The Commissioner 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 he applied to any purpose other than the

purpose for which it was contributed.

**13. Protection of place of worship from misuse, pollution or desecration.—(1) A place of worship or**

shrine maintained by the Government under this Act shall not be used for any purpose inconsistent with its
character.

(2) Where the Collector has, under section 4, purchased or taken a lease of any protected monument, or

has accepted a gift or bequest, or the Commissioner has, under the same section, accepted the guardianship
thereof, and such monument, or any part thereof, is periodically used for religious worship or observances by
any community, the Collector shall make due provision for the protection of such monument or such part
thereof, from pollution or desecration—

(a) by prohibiting the entry therein, except n accordance with conditions prescribed with the

concurrence of the persons in religious charge of the said monument or part thereof, of any person not

1. Ins. by Act 18 of 1932, s. 2.
2. Subs. by the A.O.1937, for “L.G.”.


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entitled so to enter by the religious usages of the community by which the monument or part thereof is
used, or

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

**14. Relinquishment of Government rights in a monument.—With the sanction of** [1][the Central

Government], the Commissioner may—

(a) where rights have been acquired by [2][the Central Government] in respect of any monument

under this Act by virtue of any sale, lease, gift or will, relinquish the rights so acquired to the person who
would for the time being be the owner of the monument if such rights had not been acquired; or

(b) relinquish any guardianship of a monument which he has accepted under this Act.

**15. Right of access to certain protected monuments.—(1) Subject to such rules as may after previous**

publication be made by [2][the Central Government], the public shall have a nut right of access to any
monument maintained by [2][the Central Government] under this Act.

(2) In making any rule under sub-section (1) [1][the Central Government] may provide that a breach of it

shall be punishable with fine which may extend to twenty rupees.

**16. Penalties.—Any person other than the owner who destroys, removes, injures, alters, defaces or**

imperils a protected monument, and any owner who destroys, removes, injures, alters, defaces or imperils a
monument maintained by [2][the Central Government] under this Act or in respect of which an agreement has
been executed under section 5, and any owner or occupier who contravenes an order made under section 7,
sub-section (1), shall be punishable with fine which may extend to five thousand rupees, or with
imprisonment which may extend to three months, or with both.

_Traffic in Antiquities_

**17. Power to Central Government to control traffic in antiquities.—(1) If the Central Government**

apprehends that antiquities that are being sold or removed to the detriment of India or of any neighbouring
country, it may, by notification[3] in the Official Gazette, prohibit or restrict the bringing or taking by sea or by
land of any antiquities or class of antiquities described in the notification into or out of [4][the territories to
which this Act extends] or any specified part of [5][the said territories].

(2) Any person who brings or takes or attempts to bring or take any such antiquities into or out of [5][the

said territories] or any part of [5][the said territories] in contravention of a notification issued under sub-section
(1), shall be punishable with fine which may extend to five hundred rupees.

(3) Antiquities in respect of which an offence referred to in sub-section (2) has been committed shall be

liable to confiscation.

(4) An officer of Customs, or an officer of Police of a grade not lower than Sub-Inspector, duly

empowered by the [6][Central Government] in this behalf, may search any vessel, cart or other means of
conveyance, and may open any baggage or package of goods, if he has reason to believe that goods in respect
of which an offence has been committed under sub-section (2) are contained therein.

1. Subs. by the A.O.1937, for “the L.G.”.
2. Subs., ibid., for “Govt.”.
3. For notification, see Gazette of India, 1917, Pt. I, p. 989.
4. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the territories for the time being comprised within Part A States and Part C

States”.

5. Subs. by the A.O. 1950, for “the Provinces”.
6. Subs. by the A.O. 1937, for “L. G.”.


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(5) A person who complains that the power of search mentioned in sub-section (4) has been vexatiously

or improperly exercised may address his complaint to the [6][Central Government], and the [6][Central
Government] shall pass such order and may award such compensation, if any, as appears to it to be just.

_Protection of Sculptures, Carvings, Images, Bas-reliefs, Inscriptions or like objects_

**18. Power to Central Government to control moving of sculptures, carvings or like objects.—(1) If**

1[the Central Government] considers that any sculptures, carvings, images, bas-reliefs, inscriptions or other
like objects ought not to be moved from the place where they are without the sanction of [2][the Central
Government], [1][the Central Government] may, by notification in the Official Gazette, direct that any such
object or any class of such objects shall not be moved unless with the written permission of the Collector.

(2) A person applying for the permission mentioned in sub-section (1) shall specify the object or objects

which he proposes to move and shall furnish, in regard to such object or objects, any information which the
Collector may require.

(3) If the Collector refuses to grant such permission, the applicant may appeal to the Commissioner,

whose decision shall be final.

(4) Any person who moves any object in contravention of a notification issued under sub-section (1),

shall be punishable with fine which may extend to five hundred rupees.

(5) If the owner of any property proves to the satisfaction of [1][the Central Government] that he has

suffered any loss or damage by reason of the inclusion of such property in a notification published under subsection (1), [1][the Central Government] shall either—

(a) exempt such property from the said notification;

(b) purchase such property, if it be moveable, at its market - value; or

(c) pay compensation for any loss or damage sustained by the owner of such property, if it be

immoveable.

**19. Purchase of sculptures, carvings or like objects by the Government.—(1) If** [1][the Central

Government] apprehends that any object mentioned in a notification issued under section 18,
sub-section (1), is in danger of being destroyed, removed, injured or allowed to fall into decay, [1][the Central
Government] may pass orders for the compulsory purchase of such object at its market-value, and the
Collector shall thereupon give notice to the owner of the object to be purchased.

(2) The power of compulsory purchase given by this section shall not extend to—

(a) any image or symbol actually used for the purpose of any religious observance; or

(b) anything which the owner desires to retain on any reasonable ground personal to himself or to

any of his ancestors or to any member of his family.

3[Archaeological Excavation

**20. Power of Central Government to notify areas as protected.—(1) If the Central Government [4]*****

is of opinion that excavation for archeological purposes in any area should be restricted and regulated in the
interests of archeological research, the Central Government may, by notification in the Official Gazette
specifying the boundaries of the area, declare it to be a protected area.

(2) From the date of such notification all antiquities buried in the protected area shall be the property of

the Government and shall be deemed to be in the possession of the Government, and shall remain the

1. Subs. by the A.O. 1937, for “the L.G.”.
2. Subs., ibid., for “the Govt.”.
3. Subs. by Act 18 of 1932, s. 3, for the heading and section 20.
4. The words “after consulting the L.G.” omitted by the A.O. 1937.


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property and in the possession of the Government until Ownership thereof is transferred; but in all other
respects the rights of any owner or occupier of land in such area shall not be affected.

**20A. Power to enter upon and make excavations in a protected area.—(1) Any officer of the**

Archeological Department or any person holding a licence under section 20B may, with the
written permission of the Collector enter upon and make excavations in any, protected area.

(2) Where, in the exercise of the power conferred by sub-section (1), the rights of any person are

infringed by the occupation or disturbance of the surface of any land, [1][the Central Government] shall pay to
that person compensation for the infringement.

**20B. Power of Central Government to make rules regulating Archaeological excavation in**

**protected areas.—(1) The Central Government may make rules[2]—**

(a) prescribing the authorities by whom licences to excavate for archeological purposes in a

protected area may be granted;

(b) regulating the conditions on which such licences may be granted, the form of such licences, and

the taking of security from licensees;

(c) prescribing the manner in which antiquities found by a licensee shall be divided between [1][the

Central Government] and the licensee; and

(d) generally to carry out the purposes of section 20.

(2) The power to make rules given by this section is subject to the condition of the rules being made after

previous publication.

(3) Such rules may be general for all protected areas for the time being, or may be special for any

particular protected area or areas.

(4) Such rules may provide that any person committing a breach of any rule or of any condition of a

licence 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.

**20C. Power to acquire a protected area.—If the Central Government is of opinion that a protected area**

contains an ancient monument or antiquities of national interest and value, it may direct the State
Government to acquire such area, or any part thereof, and the State Government may thereupon acquire such
area or part under the Land Acquisition Act, 1894 (1 of 1894), as for a public purpose.]

_General_

**21. Assessment of market-value or compensation.—(1) The market-value of any property which**

Government is empowered to purchase at such value under this Act, or the [3]*** compensation to be paid by
Government in respect of anything done under this Act, shall, where any dispute arises [4][in respect] of such
market-value or compensation, be ascertained in the manner provided by the Land Acquisition Act, 1894,
sections 3, 8 to 34, 45 to 47, 51and 52, so far as they can be made applicable:

Provided that when making an inquiry under the said Land Acquisition Act, 1894, the Collector shall be

assisted by two assessors' one of whom shall be a competent person nominated by the Collector, and one a
person nominated by the owner or, in case the owner fails to nominate an assessor within such reasonable
time as may be fixed by the Collector in this behalf, by the Collector.

1. Subs. by the A.O. 1937, for “the Govt.”.
2. For such rules, see Gazette of India, 1934, Pt. I, p. 1103.
3. The words “amount of” omitted by Act 18 of 1932, s. 4.
4. Subs. by s. 4, ibid., for “touching the amount”.


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**22. Jurisdiction.—A Magistrate of the third class shall not have jurisdiction to try any person charged**

with an offence against this Act.

**23. Power to make rules.—(1) The Central Government** [1]*** may, by notification in the Official

Gazette, make rules for carrying out any of the purposes of this Act.

(2) The power to make rules given by this section is subject to the condition of the rules being made after

previous publication.

**24. Protection to public servants acting under Act.—No suit for compensation and no criminal**

proceeding shall lie against any public servant in respect of any act done, or in good faith intended to be done,
in the exercise of any power conferred by this Act.

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1. The words “or the L.G.” omitted by the A.O. 1937.


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