Legislative Framework

Legal Framework
  1. Ancient Monuments Remains and Sites Act 1958 & Rules 1959, Validation and Amendment Act, 2010.
  2. Antiquities and Art Treasure act, 1972 and Rules 1973.
The Ancient Monuments and Archaeological Sites and Remains Act 1958(AMASR Act 1958) was enacted by the Parliament with an aim to provide for the preservation of ancient and historical monuments and archaeological sites and remains of national importance, for the regulation of archaeological excavations and for the protection of sculptures, carvings and other like objects. This act was enacted after repealing (i) The ancient Monuments Preservation Act,1904,(ii) The Ancient and Historical Monuments and Archaeological Sites and remains (declaration of national importance) Act,1951 and (iii) Section 126 of the States reorganization Act,1956.

As per AMASR Act 1958, the following are the definitions of the ancient monuments.

(A) "Ancient monument" means any structure, erection or monument, or any tumulus or place of internment, or any cave, rock sculpture, inscription or monolith, which is of historical, archaeological or artistic interest and which has been in existence for not less than one hundred years, and includes
  • the remains of an ancient monument,
  • the site of an ancient monument,
  • 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
  • the means of access to, and convenient inspection of an ancient monument;
The scope of documentation of Built Heritage by the National Mission on Monuments and Antiquities (NMMA) has been enhanced by defining any structure that belongs to pre-independence period, and the year 1950 has been considered as the cut-off date keeping in view of its aesthetic, architectural, historical and archaeological significance. This has been decided realizing the fact that heritage structures during pre-independence period show the influence of colonial architecture and sometimes, the traditional architecture of a region that is no more in continuity. Hence, these structures are unique to our present architectural tradition.
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