The Gujarat Ancient Monuments and Archaeological Sites and Remains Act, 1965

{
    "id": 16763,
    "slug": "the-gujarat-ancient-monuments-and-archaeological-sites-and-remains-act-1965",
    "title": "The Gujarat Ancient Monuments and Archaeological Sites and Remains Act, 1965",
    "short_title": "The Gujarat Ancient Monuments and Archaeological Sites and Remains Act, 1965",
    "act_number": "Gujarat Act No. 25 of 1965",
    "act_year": 1965,
    "act_type": "STATE",
    "location": "Gujarat",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Gujarat Ancient Monuments and Archaeological Sites and Remains Act, 1965",
    "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 and historical 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(a) the remains of such monument,\n(b) the site of such monument,\n(c) such portion of land adjoining the site of such monument as may be required for fencing or covering in or otherwise preserving the monument, and\n(d) the means of access to, and from, and convenient inspection of, such monument;\n(2) \"antiquity\" includes-\n(a) any coin, sculpture, manuscript, epigraph, or other work of art or craftsmanship.\n(b) any article, object or thing detached from a building or cave.\n(c) any article, object or thing illustrative of science, art, crafts, literature, religion, customs, morals or politics in by-gone ages.\n(d) any article, object or thing of historical interest, and\n(e) any article, object or thing which in the opinion of the State Government because of its historical or archaeological importance is fit to be preserved and is declared by the State Government, by notification in the Official Gazette , to be an antiquity for the purposes of this Act:\n(3) \"Archaeological Officer\" means such Officer as the State Government may appoint to be an Archaeological Officer for the purposes of this Act;\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(a) such portion of land adjoining the area as may be required for fencing or covering in or otherwise preserving it, and\n(b) the means of access to and from and convenient inspection of, the area;\n(5) \"Collector\" includes any officer authorised by the State Government to perform all or any of the functions of a Collector by or under by or under this Act;\n(6) \"Director\" means the officer appointed for the time being by the State Government to be the Director of Archaeology and includes any officer authorised by the State Government to perform all or any of the functions of the Director by or under this Act;\n(7) \"Land Acquisition Act\" means the Land Acquisition Act 1894 as in force in the State of Gujarat;\n(8) \"maintain\" , with its grammatical variations and cognate expressions, includes 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 preserving a protected monument or of securing convenient access thereto and therefrom;\n(9) \"owner\" includes-\n(a) 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(b) 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 and historical monument which is deemed or declared to be protected monument by or under this Act.\nChapter II\nProtected Monuments",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Certain ancient and historical monuments deemed to be protected monuments.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Power of State Government to declare ancient and historical monuments to be protected monuments.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Acquisition of rights in a protected monument.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. 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 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 persons deputed by the owner, the Director or the Collector to inspect or maintain the monument;\n(e) the notice to be given to the State 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 State Government to purchase such land or any specified portion of such land at its market value;\n(f) the payment of any expenses incurred by the owner or by the State Government in connection with the maintenance of the monument;\n(g) the proprietary or other rights which are to vest in the State Government in respect of the monument when any expenses are incurred by the State 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 connected with the maintenance of the monument which is a proper subject of agreement between the owner and the State Government.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Owners under disability or not in possession.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Application of 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 an agreement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "6",
            "title": "10. Power to make order prohibiting contravention of agreement under section 6.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Enforcement of agreements.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Purchase 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. Acquisition of protected monuments.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Maintenance of certain 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 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 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 exttitled so to enter 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.\n[16A. Power of State Government to transfer protected monuments of local Importance to local authorities.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Preservation of amenities of protected monuments.",
            "chapter": null,
            "content": "(a) prohibit or restrict the construction, erection or execution of building, structures and other works above ground within the controlled area or the alteration or extension of any such buildings, structures or works in such manner as materially to affect their external appearance;\n(b) prescribe the position, height, size, design, materials, colour and screening and otherwise regulate the external appearance of buildings, structures and other works above ground 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) prohibit or restrict the felling of trees within the controlled area;\n(e) otherwise restrict the user of land within the controlled area to such extent as is necessary for the purpose of preserving the reasonable amenities of the protected monument;\n(f) provide for such matters as appear to the State 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 modifications (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": 16
        },
        {
            "number": "18",
            "title": "18. Relinquishment of Government rights in a monument.",
            "chapter": null,
            "content": "(a) where rights have been acquired by the Collector in respect of any monument under this Act by virtue of any sale, lease, gift or bequest, relinquish by notification in the Official Gazette , 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\n(b) relinquish any guardianship of a monument which he has assumed under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Right of access to protected monuments.",
            "chapter": null,
            "content": "Chapter III\nProtected Areas",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Power of State Government to declare archaeological sites and remains to be protected areas.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Restrictions on enjoyment of property rights in protected areas.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Power to acquire a protected area.",
            "chapter": null,
            "content": "Chapter IV\nProtection of Antiquities",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Power of State Government to control moving of antiquities.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Purchase of antiquities by State Government.",
            "chapter": null,
            "content": "Chapter V\nPrinciples of Compensation",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Compensation for loss or damage.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Assessment of market value or compensation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "17",
            "title": "27. Special provision as to compensation under section 17.",
            "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 by-law, no compensation shall be payable in respect of that provision of the 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": 26
        },
        {
            "number": "28",
            "title": "28. State Advisory Board.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Delegation of powers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "30",
            "title": "30. Power to issue directions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "31",
            "title": "31. 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 9 or under sub-section (1) of Section 10, 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 21,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "32",
            "title": "32. Jurisdiction to try offences.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "33",
            "title": "33. Certain offences to be cognizable.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "34",
            "title": "34. Special provision regarding fine.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "35",
            "title": "35. Recovery of amounts due to Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "36",
            "title": "36. Monuments and sites which have ceased to be protected monuments and protected areas.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "37",
            "title": "37. Power to correct mistakes, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "38",
            "title": "38. Protection of action taken under this Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "39",
            "title": "39. 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 land adjoining such monument and the removal of unauthorised buildings;\n(b) the right of access of the public to a protected monument and the fee, if any to be charged therefor;\n(c) the form in which applications for permission under Section 21 or Section 23 may be made and the particulars which they should contain;\n(d) the form and manner of preferring appeals under this Act and the time within which they may be preferred;\n(e) the manner of service of any order or notice under this Act;\n(f) the constitution, the term of office of the members and the procedure of the State Advisory Board and the travelling allowance payable to its members;\n(g) any other matter which is required or allowed by this Act to be prescribed.\n(i) in the case of a rule made with reference to clause (a) of sub-section (2) with imprisonment for a term 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 hundred rupees.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "40",
            "title": "40. Application of certain other laws not barred.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "41",
            "title": "41. Repeal and saving.",
            "chapter": null,
            "content": "(1) the Ancient Monuments Preservation Act, 1904 (VII of 1904), in its application to the State of Gujarat and in so far as it relates to entry 12 in List II and entry 40 in List III in the Seventh Schedule to the Constitution; and\n(2) the Saurashtra Ancient Monuments Preservation Act, 1955 (Saurashtra III of 1956);\n(a) the previous operation of any Act so repealed;\n(b) any right, privilege, obligation or liability acquired, accrued or incurred under any Act so repealed;\n(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any Act so repealed, or\n(d) any investigation legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy that may be instituted, continued or enforced and any such penalty, forfeiture or punishment that may be imposed as if this Act had not come into force:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "42",
            "title": "42. Act not applicable to ancient monuments, etc. of national importance.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        }
    ],
    "metadata": {
        "Act ID": "guj011",
        "Act Number": "Gujarat Act No. 25 of 1965",
        "Enactment Date": "",
        "Act Year": "1965",
        "Short Title": "The Gujarat Ancient Monuments and Archaeological Sites and Remains Act, 1965",
        "Type": "STATE",
        "Location": "Gujarat"
    },
    "updated_at": "2026-09-29 21:55:19"
}