Ancient Monuments Preservation Act,1904
Act No : 7
Section : SHORT TITLE AND EXTENT
ANCIENT MONUMENTS PRESERVATION ACT, 1904
7 of 1904
"The object of this measure is to preserve to India its ancient monuments in antiquities and to prevent the excavation by unauthorised persons of sites of historic interest and value. 2. In 1898 the question of antiquarian exploration and research attracted attention and the neces- sity of taking steps for the protection of monuments and relics of antiquity was impressed upon the Government of India. It was then apparent that legislation was required to enable the Government to discharge their responsibilities in the matter and a Bill was drafted on the lines of the existing Acts of Parliament modified so as to embody certain provisions which have found a place in recent legislation regarding the antiquities of Greece and ltlay. This draft was circulated for the opinions of local Governments and their replies submitted showed that the proposals incorporated in it met with almost unanimous approval, the criticism received being directed, for the most part, against matters of detail. The draft has since been revised, the provisions of the Draft Bill prepared by the Government of Bengal have been embodied so far as they were found suitable and the present Bill is the result. 3. The first portion of the Bill deals with protection of "Ancient monuments" an expression which has been defined in clause 2 (now section 2). The measure will apply only to such of these as are from time to time expressly brought within its contents though being declared to be "protected monuments". A greater number of more famous buildings in India are already in possession or under the control of the Government; but there are others worthy of preservation which are in the hands of private owners. Some of these have already been insured or are fast falling into decay. The preserva- tion of these is the chief object of the clause of the Bill now referred to and the provisions of the Bill are in general accordance with the policy enunciated insection 23 of the Religious Endowments Act, 1863 (20 of 1863), which recognises and saves the right of the Government "to prevent injury to and preserve buildings remarkable in their antiquity and for their - historical or architectural value or required for the convenience of the public". The power to intervene is at present limited to cases to whichsection 3 of the Bengal Regulation 19 of 1810orsection 3 of the Madras Regulation VII of 1817applies. In framing the present Bill the Government Has aimed at having the necessity of good will and securing the cooperation of the owners concerned and it hopes that the action which it is proposed to take may tend rather to the encouragement than to the suppression of private effort. The Bill provides that the owner or the manager of the building which merits greater care than it has been receiving may be invited to enter into an agreement for its protection and that in the event of his refusing to come to terms the collector may proceed to acquire it compulsorily or take proper course to secure its application. It has been made clear that there is to be no resort to compulsory acquisition in the case the monument is used in connection with religious observances or in other case until the owner has had an opportunity of entering into an agreement of the kind indicated above; and it is expressly provided that the monu- ment maintained by the Government under the proposed Act, shall not be used for any purpose inconsistent with its character or with purpose of its foundation, and that, so far as is compatible with the object in view the public shall have access to it free of charge. By the 4th proviso of clause 11 (nowsection 10) it is laid down that in assessing the value of the monument for the purpose of compulsory acquisition under theLand Acquisition Act, 1894 ( 1 of 1894)its archaeological, artistic or historical merits shall not be taken into account. The object of the Government as purchaser being to preserve at the public expense and for the public benefit an ancient monument with all its associations, it is considered that the value of those associations should not be paid for. [Note:- As the 4th proviso of clause 11 was the subject of unfavourable comment, it was omitted by the Select Committee.] 4. The second portion of the Bill deals with movable objects of historical or artistic interest and these may be divided into two classes: the first consists of ornaments, enamels, silver and copper vessels, Persian and Arabian Manuscripts, and curios general. These are for the most part portable and consequently difficult to trade; they are as a rule artistic; are of historic interest and it would be impracticable even were it desirable to prevent a dealer from selling and a traveller from buying them. The sculptural carvings, images, bas-reliefs inscriptions and the like form a distinct class by themselves, in that their value depends upon their local connection. Such antiquities may, as in the case of those of Swat, be found outside India oi in Native States and this the Legislature cannot reach directly; while as regards the British territory and under the existing law, it is impossible to go beyond the provisions of theIndian Treasure Trove Act, 1878 (6 of 1878). (In these circumstances, it is proposed, by clause 18 of the Bill to take power to prevent the removal from British India of any antiquities which it may be deemed desirable to retain in the country, and at the same time to prevent importation. By thus putting a stop on draft in such articles it is believed that it will be possible to protect against spoliation a number of interesting places situated without and beyond British terri- tory. Clause 19 aims at providing for antiquities such as sculptures and inscriptions which belong to another place and ought therefore to be kept in situ or deposited in local museums. The removal of these, it is proposed to enable the local Government to prohibit by notification and the clause also provides that, if the object is moveable, the owner may require the Government to purchase it outright and that, if it is immovable the Government shall compensate the owner for any loss caused to him by the prohibition. Clause 20 (nowsection 19) deals with the compulsory purchase of such antiquities if that is found to be necessary for their preservation and the owner is not willing on personal or religious grounds to part with them. In such cases it is proposed that the price to be paid should be assessed by the Collector, subject to a light of appeal to the local Government but it is for consideration whether theLand Acquisition Act of 1894should be followed and reference to the Courts allowed. 5. The third portion of the Bill deals with excavations and gives power to make rules to prohibit or regulate such operations. 6. The general power to make rules is given by clause 22 (nowsection 23), and clause 23 (nowsection 24) is intended to protect acts done or in good faith intended to be done, under the law which it is now proposed to enact" - Gazette of India, 1903, Part V, page 513.
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:--This Act has been declared to be in force in the Khondmals District by the Khondmals Laws Regulation 1936 (IV of 1936), S. 3 and Schedule and in the Angul District by the Angul Laws Regulation, 1936 (V of 1936), S. 3 and Schedule. This Act has been extended to the new Provinces and merged States by the Merged States (Laws) Act, 1949 (59 of 1949), S. 3 (1-1-1950) and to the Union
Territories of Manipur and Tripura (now States) by theUnion Territories (Laws) Act, 1950 (30 of 1950), S. 3 (16-4-1950) and to the Union Territories of Pondicheiry by Regn. 7 of 1963, (w.e.f. 1-10-1963). The Act has been extended to merged States in Bombay: see Bombay Act 4 of 1950, S. 3 (1) (30-4-1950). The Act has ceased to have effect in its application to the following States where those States have legislated their own Acts: Andhra Pradesh: An P. Act 7 of 1960; Gujarat: Guj. Act 25 of 1965; Himachal Pradesh: H. P. Act 31 of 1976; Madras: Mad. Act 25 of 1966; Madhya Pradesh: M. P. Act 12 of 1964; Maharashtra: Maha. Act 12 of 1961; Manipur: Manipur Act 15 of 1977; Punjab: Punj. Act 20 of 1964; Rajasthan: Raj. Act 19 of 1961. The Act has also ceased to have effect in relation to ancient and historical monuments and archaeological sites and remains which are declared by or under the Central Act 24 of 1958 to be of national importance: See Act 24 of 1958, S. 39 (2). See also the following State Acts on the same subject. Assam Act 25 of 1959; J. and K. Act 5 of 1977 (1920 A.D.); Kerala Act 26 of 1969; Uttar Pradesh Act 7 of 1957; West Bengal Act 31 of 1957
SECTION 01: SHORT TITLE AND EXTENT
- (1) This Act may be called The Ancient Monuments Preservation Act, 1904.
2[(2) It extends to the whole of India3[except the State of Jammu and Kashmir].]
Read All Comments
