The Goa, Daman and Diu Ancient Monuments and Archaeological Sites and Remains Act, 1978

{
    "id": 16296,
    "slug": "goa-daman-and-diu-ancient-monuments-and-archaeological-sites-and-remains-act-1978",
    "title": "The Goa, Daman and Diu Ancient Monuments and Archaeological Sites and Remains Act, 1978",
    "short_title": "The Goa, Daman and Diu Ancient Monuments and Archaeological Sites and Remains Act, 1978",
    "act_number": "(Act No. 1 of 1979)",
    "act_year": 1978,
    "act_type": "STATE",
    "location": "Goa",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Goa, Daman and Diu Ancient Monuments and Archaeological Sites and Remains Act, 1978",
    "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": "(1) '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,-\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 monument, and\n(iv) the means of access to, and from, and convenient inspection of, an ancient monument, but does not include any ancient monument declared by or under law made by Parliament to be of national importance;\n(2) 'antiquity' includes -\n(i) any coin, sculpture, manuscript, epigraph, or work of art or craftsmanship,\n(ii) any article, object or thing detached from a building or cave,\n(iii) any article, object or thing illustrative of science, art, crafts, literature, religion, customs, morals or politics in bygone ages,\n(iv) any article, object or thing of historical interest, and\n(v) any article, object or thing declared by the Government, by notification, to be an antiquity for the purposes of this Act,\n(3) 'archaeological officer' means an officer of the Government appointed for the purpose of exercising the powers conferred on, and performing the functions assigned to, an archaeological officer under this Act, and includes any other officer authorised by the Government to exercise or perform all or any of such powers and functions;\n(4) '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 from, and convenient inspection of, the area, but does not include any archaeological sites or remains declared by or under law made by Parliament to be of national importance;\n(5) 'Director' means the Director of Archives and Archaeology (Museum) appointed by the Government and includes any officer authorised by the Government to exercise the powers and perform the functions of the Director under this Act;\n(6) 'Government' means the Government of the Union territory of Goa, Daman and Diu;\n(7) 'maintain' with its grammatical variations and cognate expressions includes the 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 preserving a protected monument or for securing convenient access thereto;\n(8) 'notification' means a notification in the Official Gazette;\n(9) 'owner' includes,-\n(i) a joint owner, invested with powers of management on behalf of himself and other joint owners, and the successor in title of any such owner, and\n(ii) any manager or trustee exercising powers of management and the successor-in-office of any such manager or trustee.\n(10) 'prescribed' means prescribed by rules made under this Act,\n(11) 'protected area' means any archaeological site and remains which is declared to be a protected area by or under this Act,\n(12) 'protected monument' means an ancient monument which is declared to be a protected monument by or under this Act.\nChapter II\nProtection of Ancient Monuments and Archaeological Sites and Remains",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Power of Government to declare certain monuments, etc. to be protected monuments or areas.",
            "chapter": null,
            "content": "Chapter III\nProtected Monuments",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Acquisition of rights in a protected monument.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Preservation 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 other purpose,\n(ii) to charge any fee for entry into, or inspection of the monument,\n(iii) to destroy, remove, alter or deface the monument, or\n(iv) to build on or near the site of the monument;\n(d) the facilities of access to be permitted to the public or any section thereof or to archaeological officers or to persons deputed by the Government to inspect or maintain the monuments;\n(e) the notice to be given to the Government in case the land on which the monument is situated or any adjoining land is offered for sale by the owner, and the right to be reserved to the Government to purchase such land, or any specified portion of such land, at its face 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 an authority to decide any dispute arising out of the agreement; and\n(i) any matter connected with the maintenance of the monument which is a proper subject of agreement between the owner and the Government.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "5",
            "title": "6. Person competent to exercise powers of owner under section 5 in respect of a protected monument, when owner is under disability or when it is a village property.",
            "chapter": null,
            "content": "(a) if such property vests in the Panchayat for the village, the Panchayat; or\n(b) if such property does not vest in the Panchayat for the village, any village officer exercising the powers of management over such property, may exercise the powers conferred upon an owner by section 5.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Application of endowment to repair a protected monument.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Failure or refusal to enter into an agreement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "5",
            "title": "9. Power to make order prohibiting contravention of agreement under section 5.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Enforcement of agreement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Purchasers at certain sales and persons claiming through owner bound by instrument or agreement executed by owner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Acquisition of protected monument.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Maintenance of certain protected monuments.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Voluntary contributions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Protection of place 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 person, if any, in religious charge of the said monument or part thereof, of any person who is not entitled to enter the said monument, by the 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": 14
        },
        {
            "number": "16",
            "title": "16. Relinquishment of Government rights in a monument.",
            "chapter": null,
            "content": "(a) where rights have been acquired by the Director in respect of any monument under this Act by virtue of any sale, lease, gift or will relinquish by notification the rights so acquired to the person who would for the time being be owner of the monument if such rights had not been so acquired; or\n(b) relinquish any guardianship of a monument which he has assumed under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Right of access to protected monument.",
            "chapter": null,
            "content": "Chapter IV\nProtected Areas",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Restriction on enjoyment of property rights in protected areas.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Power to acquire protected areas.",
            "chapter": null,
            "content": "Chapter V\nArchaeological Excavations",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Excavations in protected areas.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Excavations in area other than protected areas.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Compulsory acquisition of antiquities, etc. discovered during excavation operations.",
            "chapter": null,
            "content": "(a) as soon as practicable examine such antiquities and submit a report to the Government in such manner and containing such particulars as may be prescribed;\n(b) at the conclusion of the excavation operations, give notice in writing to the owner of the land from which such antiquities have been discovered as to the nature of such antiquities.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Excavations, etc. for archaeological purpose.",
            "chapter": null,
            "content": "Chapter VI\nProtection of Antiquities",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Chapter not to apply in case of certain antiquities or class of antiquities.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Power of Government to control moving of antiquities.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Purchase of antiquities by Government.",
            "chapter": null,
            "content": "Chapter VII\nPrinciples of Compensation",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Compensation for loss or damage.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Assessment of market value of compensation.",
            "chapter": null,
            "content": "Chapter VIII\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Delegation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "30",
            "title": "30. Penalties.",
            "chapter": null,
            "content": "(i) destroys, removes, injures, alters, defaces, imperils, or misuses a protected monument, or\n(ii) being the owner or occupier of a protected monument, contravenes an order made under sub-section (1) of section 8 or under sub-section (1) of section 9, or\n(iii) removes from a protected monument any sculpture, carving, image, bas-relief, inscription or other like object, or\n(iv) does any act in contravention of sub-section (1) of section 18, shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five thousand rupees, or with both.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "31",
            "title": "31. Jurisdiction to try offences.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "32",
            "title": "32. Certain offences to be cognisable.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "33",
            "title": "33. Recovery of amount due to the Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "34",
            "title": "34. Ancient monuments, etc. no longer requiring protection.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "35",
            "title": "35. Power to correct mistakes, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "36",
            "title": "36. Protection of action taken under the Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "37",
            "title": "37. Power to make rules.",
            "chapter": null,
            "content": "(a) the prohibition or regulation by licensing or otherwise of mining, quarrying, excavating, blasting or any operation of a like nature, near a protected monument or the construction of buildings on a land adjoining such monument and the removal of unauthorised buildings;\n(b) the grant of licences and permission to make excavations for archaeological purposes in protected areas, the authorities by whom, and the restrictions and conditions subject to which such licences may be granted, the taking of securities from licensees and the fees that may be charged for such licences;\n(c) the right of access of the public to a protected monument and the fee, if any, to be charged therefor;\n(d) the form in which application for permission under section 18 or section 25 may be made and the particulars which they shall contain;\n(e) the form and contents of the report of an archaeological officer, officer authorised by him or a licensee under clause (a) of sub-section (1) of section 22;\n(f) the form and manner of preferring appeals under this Act, the fees to be paid therefor and the time within which they 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) any other matter which is to be or may be prescribed.\n(i) in the case of a rule made with reference to clause (a) of sub-section (2) with imprisonment which may extend to three months or with fine which may extend to five thousand rupees, or with both;\n(ii) in the case of a rule made with reference to clause (b) of sub-section (2), with fine which may extend to five thousand rupees;\n(iii) in the case of a rule made with reference to clause (c) of sub-section (2), with fine which may extend to five thousand rupees.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "38",
            "title": "38. Act not to apply to certain antiquities and ancient monuments and archaeological sites and remains.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        }
    ],
    "metadata": {
        "Act ID": "goa231",
        "Act Number": "(Act No. 1 of 1979)",
        "Enactment Date": "",
        "Act Year": "1978",
        "Short Title": "The Goa, Daman and Diu Ancient Monuments and Archaeological Sites and Remains Act, 1978",
        "Type": "STATE",
        "Location": "Goa"
    },
    "updated_at": "2026-09-29 21:52:45"
}