Delhi Ancient and Historical Monuments and Archaeological Sites and Remains Act, 2004

{
    "id": 27023,
    "slug": "delhi-ancient-and-historical-monuments-and-archaeological-sites-and-remains-act-2004",
    "title": "Delhi Ancient and Historical Monuments and Archaeological Sites and Remains Act, 2004",
    "short_title": "Delhi Ancient and Historical Monuments and Archaeological Sites and Remains Act, 2004",
    "act_number": "(Delhi Act No. 9 of 2005)",
    "act_year": 2004,
    "act_type": "STATE",
    "location": "Delhi",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Delhi Ancient and Historical Monuments and Archaeological Sites and Remains Act, 2004",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(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, archaeological or artistic interest and which has been in existence for not less than one hundred years, and includes -\n(i) the remains of an ancient monument;\n(ii) the site of an ancient monument;\n(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 ancient monument; and\n(iv) the means of access to, and convenient inspection of, an ancient monument;\n(b) \"archaeological site and remains\" means any area which contains or is reasonably believed to contain ruins or relics of historical or archaeological importance which have been in existence for not less than one hundred years and includes -\n(i) such portion of land adjoining the area as may be required for fencing or covering in or otherwise preserving it; and\n(ii) the means of access to, and convenient inspection of, the area;\n(c) \"Director\" means the Director of Archaeology of the Government of National Capital Territory of Delhi and includes any other officer authorized by the Government to exercise the powers and to perform all or any of the functions of the Director prescribed by or under this Act;\n(d) \"Government\" means the Lieutenant Governor of the National Capital Territory of Delhi appointed by the President under article 239 and\n(e) \"local authority\" means the Municipal Corporation of Delhi, the New Delhi Municipal Council, the Delhi Cantonment Board and the Delhi Development Authority and includes a Gaon Panchayat established under section 151 of the Delhi Land Reforms Act, 1954 (Delhi Act 8 of 1954);\n(f) \"maintain\" with its grammatical variations and cognate expressions, includes fencing, covering in, repairing, restoring and cleaning 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;\n(g) \"non-living\" used in relation to a monument or site means a monument or site which is not being used for any religious or social ceremony, rite, worship or prayer at the time of its declaration as a protected monument or site;\n(h) \"owner\" includes -\n(i) a joint owner vested with powers of management on behalf of himself and other joint owners and the successors in-title of any such owner; and\n(ii) a manager or trustee, not being the owner, who has been entrusted with the custody and management of a monument or site and the successor-in-office of any such manager or trustee;\n(i) \"prescribed\" means prescribed by the rules made under this Act;\n(j) \"protected area\" means any archaeological site and remains which is declared to be a protected area under this Act;\n(k) \"protected monument\" means a monument which is declared to be a protected monument under this Act;\n(l) \"unauthorized occupation\" means the occupation by any person of the monument or archaeological site and remains without authority for such occupation, and includes the continuance in occupation by any person of the monument or archaeological site and remains after the authority under which he was allowed to occupy the premises has expired or has been terminated for any reason whatsoever.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Application of the Act.",
            "chapter": null,
            "content": "CHAPTER-II\nProtected Monuments",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Power of Government to declare monument to be protected monument and archaeological site and remains to be protected area.",
            "chapter": null,
            "content": "(a) monument;\n(b) archaeological site and remains;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Acquisition of right of protected monument.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Maintenance of protected monument by agreement.",
            "chapter": null,
            "content": "(a) the maintenance of the monument;\n(b) the custody of the monument and the duties of any person who may be employed to watch it;\n(c) the restriction of the owner's right -\n(i) to use the monument for any purpose;\n(ii) to charge any fee for entry into, or inspection of the monument;\n(iii) to destroy, damage, remove, alter or deface the monument; or\n(iv) to build on or near the site of the monument within a radius upto fifty metres;\n(d) the facilities of access to be permitted to the public or any section thereof and to the Director and to the person deputed by the owner or the Director to inspect or maintain the monument;\n(e) the notice to be given to the Government in case the land on which the monument is located or any adjoining land is offered for sale by the owner, and the right to be reserved to the Government, to purchase such land, at its market value;\n(f) the payment of any expenses incurred by the owner or by the Government in connection with the maintenance of the monument;\n(g) the proprietary or other rights which are to vest in the Government in respect of the monument when any expenses are incurred by the Government in connection with the maintenance of the monument;\n(h) the appointment of any authority to decide any dispute arising out of the agreement; and\n(i) any matter related to the maintenance of the monument which is a proper subject of agreement between the owner and the Government.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. When owners are under disability or when it is a village property.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Application for endowment to repair a protected monument.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Failure or refusal to enter into agreement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Power to make order prohibiting contravention of agreement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Enforcement of an agreement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Purchasers at certain sales and persons claiming through owner bound by instrument executed by owner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Compulsory acquisition of a protected monument.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Maintenance of certain protected monuments.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Voluntary contributions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Protection of places of worship from misuse, pollution or desecration.",
            "chapter": null,
            "content": "(a) by prohibiting the entry therein except in accordance with the conditions prescribed with the concurrence of the persons, if any, in charge of the said monument or part thereof, and connected with any religious practice or observances in relation thereto, of any person not entitled to enter by religious usages of the community by which the monument or part thereof is used, or\n(b) by taking such other action as he may think necessary in this behalf.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Prohibited area and regulated area.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Preservation amenities of protected monuments.",
            "chapter": null,
            "content": "(a) prohibit or restrict the construction, erection or execution of building, structure and other work within the controlled area, or the alteration or extension of any such building, structure, or work in such manner as to materially affect their external appearance;\n(b) prescribe the position, height, site, materials, colour and screening and otherwise regulate the external appearance of buildings, structures and other work within the controlled area;\n(c) require any local authority -\n(i) to construct any approach road to any protected monument; or\n(ii) to demolish any public convenience vesting in it, that is to say, a latrine, urinal, dustbin, rubbish dump and the like, located close to or in the vicinity of any protected monument;\n(d) otherwise restrict the use of the land within the controlled area;\n(e) otherwise restrict the use of the land within the controlled area to such extent as is necessary for the purpose of preserving the reasonable amenities of the protected monument; and\n(f) provide for such matters as appear to the Government to be incidental to or consequential on the foregoing provisions of this section, or to be necessary for giving effect to those provisions.\n(a) abandon the proposal to issue the notification under sub-section (1); or\n(b) issue the notification under sub-section (1) with such modification, if any, as it thinks fit.\n(a) if its construction, erection or execution was begun before that date; or\n(b) if, and so far as, its construction, erection, or execution was necessary for the purpose of performing a contract made before that date.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Power to prevent destruction of monument.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Issue of notice to show cause for an order of eviction.",
            "chapter": null,
            "content": "(a) specify the grounds on which the order of eviction is proposed to be made; and\n(b) require all persons concerned, that is to say, all persons who are, or may be, in occupation of, or claim any interest in, the monument -\n(i) to show cause, if any, against the proposed order on or before such date as is specified in the notice, being a date not earlier than seven days from the date of issue thereof; and\n(ii) to appear before the Director on the date specified in the notice along with the evidence which they intend to produce in support of the cause shown, and also personal hearing, if such hearing is desired.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Eviction of unauthorized occupants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Relinquishment of Government's rights in a monument.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Rights of access to a protected monument.",
            "chapter": null,
            "content": "CHAPTER-III\nProtected Areas",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Restrictions on enjoyment of property rights in protected areas.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Power to acquire a protected area.",
            "chapter": null,
            "content": "CHAPTER-IV\nArchaeological Excavations",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Excavations in protected areas.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Excavations in an area other than a protected area.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Compulsory acquisition of antiquities etc. discovered during excavation operations and casual digging.",
            "chapter": null,
            "content": "CHAPTER-V\nPrinciples of Compensation",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Compensation for loss or damage.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "30",
            "title": "30. Assessment of market value or compensation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "18",
            "title": "31. Special provision as to compensation under section 18.",
            "chapter": null,
            "content": "(a) if no compensation would have been payable by reason of the inclusion of that provision in that scheme, order, regulation or bye-law, no compensation shall be payable in respect of that notification; and\n(b) if compensation would have been so payable, the compensation payable in respect of that provision of the notification shall not be greater than the compensation which would have been so payable.\nCHAPTER-VI\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "32",
            "title": "32. Delhi Archaeological Council.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "33",
            "title": "33. Delegation of power.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "34",
            "title": "34. Penalties.",
            "chapter": null,
            "content": "(i) destroys, removes, injures, alters, adds, deface, imperils or misuse a protected monument, or site and remains; or\n(ii) being the owner, or the occupier of a protected monument, contravenes an order made under sub-section (1) of section 9 or under sub-section (1) of section 10; or\n(iii) removes from a protected monument, any sculpture, carving, image, bas-relief, inscription, pillar, brackets, stones, artifacts or other like material or objects; or\n(iv) does any act in contravention of sub-section (1) of section 24; shall be punishable with imprisonment which may extend to two years or with fine which may extend to fifty thousand rupees, or with both.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "35",
            "title": "35. Compounding of offences.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "36",
            "title": "36. Jurisdiction to try offences.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "37",
            "title": "37. Certain offences to be cognizable.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "38",
            "title": "38. Special provision regarding fine.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "39",
            "title": "39. Recovery of amount due to Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "40",
            "title": "40. Power to declare protected monument, and protected area to be no longer such monument or area.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "41",
            "title": "41. Power to correct mistakes, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "42",
            "title": "42. Protection of action taken under Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "43",
            "title": "43. Power to make rules.",
            "chapter": null,
            "content": "(a) the prohibition or regulation by licensing or otherwise of mining, quarrying, excavating, digging, blasting or any operation of a like nature which, in the opinion of the Government, has jeopardized or is likely to jeopardize the safety of the monument, or the area, as the case may be, near a protected monument or area or the construction of buildings on land adjoining such monument or area and the removal or unauthorized occupation, or construction activity;\n(b) the right of access of the public to a protected monument and fee, if any, to be charged therefore;\n(c) the form and contents of the report of the Director under sub-section (2) of section 28;\n(d) the form in which applications for permission under section 24 may be made and the particulars which they should contain;\n(e) the manner in which a claim shall be made under this Act and the time within which it may be preferred;\n(f) the form and manner of preferring an appeal under this Act and the time within which it may be preferred;\n(g) the manner of service of any order or notice under this Act;\n(h) the manner in which excavations and other like operations for archaeological purposes may be carried on;\n(i) the form of any notice required or authorized to be given under section 20 of this Act and the manner in which it may be served;\n(j) the procedure to be followed in taking possession of a monument, under sub-section (2) of section 21 of this Act.\n(k) the term of the office, traveling and other allowances payable to the member of the Advisory Council; and\n(l) any other matter which is or may be prescribed.\n(i) in the case of a rule made with reference to clause (a) of subsection (2), with imprisonment which may extend to three months, or with fine which may extend to twenty thousand rupees, or with both;\n(ii) in the case of a rule made with reference to clause (b) of subsection (2), with fine which may extend to five thousand rupees.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "44",
            "title": "44. Repeal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "45",
            "title": "45. Power to remove difficulties.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 1st January, 2020 [dl194]",
        "Act Number": "(Delhi Act No. 9 of 2005)",
        "Enactment Date": "",
        "Act Year": "2004",
        "Short Title": "Delhi Ancient and Historical Monuments and Archaeological Sites and Remains Act, 2004",
        "Type": "UNION_TERRITORY",
        "Location": "Delhi"
    },
    "updated_at": "2026-09-29 21:55:22"
}