The document discusses laws and regulations in India concerning archaeological sites, monuments, and antiquities. It notes that according to the Indian Constitution, archaeology is a concurrent subject, with the central government overseeing nationally important sites and monuments and state governments handling sites of local importance. It provides a chronological overview of the development of conservation laws in India from the British period to modern times, including the Ancient Monuments Preservation Act of 1904 and the Ancient Monuments and Archaeological Sites and Remains Act of 1958.

1. State and Central Govt. Laws and Regulations concerning
archaeological sites, monuments, antiquities etc.
• Introduction:
• According to Indian Constitution, Archaeology is a
concurrent subject, and the maintenance and up keep of
the monumental edifices in the country are looked after
by the Central as well as State Governments.
• Accordingly, the monuments and sites of national
importance come under the purview of the Central Govt.
while those of local importance are taken care of by the
respective State Govt.

2. • Since, India is a vast country with rich cultural heritage of
remote past, and the number of such monuments is pretty large.
• For the proper maintenance of all the monuments in the
country, it would be essential that
• i) these neglected edifices be properly surveyed and the details
of repairs worked out
• ii) for the problematic conservation works, suitable expertise
from the country or out side be invited, as has been done in the
case of the conservation of Bagh caves and the frescoes of
Ajanta.
• The protection laws in the country, broadly speaking could be
divided into two distinct periods, viz. British and Post British
periods.

3. • Prior to the British occupation of India, no codified
volume of such laws is forthcoming. Perhaps it was not
necessary also in the then prevailing circumstances.
• During the British period the framing of antiquarian laws
was a slow and steady process, which was necessitated
keeping in view the exigencies of the given situation or
circumstances.
• The antiquarian laws framed by the British emphasized
mainly on the penal clauses for the defaulters than the
moral out look.
• Indeed the former were more purposeful than the latter,
from the British period onwards, the antiquarian laws
have been modified in the country from time to time, but
in spite of their application or operation.

4. • The foremost amongst those is the in bated encroachments of
the area around the protected monuments and vandalism.
• The other problem at the ancient edifices, which has deprived
the country of the valuable artifacts, which were exported out of
the country.
• Though due to certain international laws and the UNESCO
conventions which have come up in the last few decades, it has
been possible to recover back some of them, but still much
remains to be done.
• In spite of all the hazards, much could be achieved by creating
awareness amongst the local people about the importance of
the Cultural Heritage.
• The improvement of the environments around the monuments
is concerned; it would be essential to save them from natural as
well as manmade causes of destruction.

5. • More care is required for the monuments lying near the sea –
shores or riverbanks to protect the soil erosion and the ill –
effect of sea breeze having saline contents.
• The other important aspect is to development of controlled
horticultural activities around the monuments.
• Though much has been done in the fields of protection of
ancient edifices, yet foolproof methods for their total
protection are yet to be devised. In the field of their
maintenance, up keep and the environmental development,
much remains to be done.
• Chronological development of the concept of Conservation of
Ancient Monuments in India, during the British and Post-British
period, and the Various Laws and Enactments passed by the
Govt. of India in this regard is tabulated below:

6. • — In 1784 Royal Asiatic Society of Bengal, Calcutta was
formed, for the study, cultivation and preservation of
history and culture of India.
• --- In 1817 and 1863 Bengal Code and Madras Code (Act-
VII) and Act (XX) a legislation was passed – Under this
legislation the managing board or Trustees Boards were
formed for the maintenance and conservation of selected
monuments.
• ---- In 1867 in a policy decision, it was recognized in
principle that it was the Government’s duty not only to
conserve all historical monuments but also to encourage
exploration of others yet to be discovered .
• ---- In 1870 Duke of Argyll, secretary of state of India —
Emergence of the idea that “the antiquities were
instructive only when preserved in their original
context”

7. • In 1878, Indian Treasure Trove Act was passed —In the absence of
any legal provisions it was possible for the Govt. to take possession of
any one finding object of value or even a pot while digging into earth
for drawing a well or a foundation of a structure. The act made it
obligatory for the finder of a structure to report the matter to
Government. It further empowered the government for the
compulsory acquisition of antiquities.
• — In 1904 Ancient Monuments preservation Act was passed. The
basic concept of conservation of Ancient monuments
enshrined there in —
• 1) The responsibility for maintenance of the protected
monuments was enjoined upon the local Govt. But voluntary
contribution could also be accepted by Government for the repairs
of certain monuments under certain prescribed conditions.
• 2) Violation of the provisions of the Act was made a pannel
offence.

8. • — On 21 Feb. 1919 resolution by the Govt. of India –
Clarification of protected and unprotected monuments
for the purpose of Conservation was laid down.
• — In 1922 Conservation Manual by Sir John Marshall was
introduced — The following principles of Conservation were
enunciated: -
• i) Hypothetical restorations are unwarranted, unless
they are essential to the stability of the building.
• ii) Every original member of a building should be
preserved intact and demolition and reconstructions
should be undertaken only if the structure could not
be maintained other wise.
•

9. • iii) Restoration of carved stones, carved wood or
plaster moldings should be undertaken only if the
artisans were able to succeed in reproducing the
excellence of the Old.
• iv) In no case should mythological or other scenes be re-
carved.
• — In 1932 Ancient Monuments Preservation
(Amendment) Act-The amendment to the Act
envisaged controlling of mining operations around
the monuments, to regulate excavations in the
country and to acquire protected area.
• --- Indian Act of 1935 — It made archaeology a Central
subject completely leaving the preservation works.

10. • — 1951 — The Ancient and Historical Monuments
and Archaeological Sites and Remains
(Declaration of National Importance) Act –
Conservation policy remained unchanged, but the
Conservation works were restricted by the Central
Government to the monument of National
importance only.
• --- 1956 — States Re-Organization Act (clause – 126)
• — 1958 — Ancient Monuments and Archaeological
Sites and Remains Act 1958 was introduced which
was implemented in 1959

11. • — The provision of the Act of 1904 were improved upon by
the introduction of this Act. The policy of Conservation
of Ancient monuments under this Act, however
remained unchanged though there was a slight change in
the definition, in relation to the preservation of ancient
monuments with its grammatical variations and cognate
expressions, included covering in, repairing, restoration
or cleaning of protected monuments and the doing any
act which might be necessary for the purpose of
preserving protected monuments or of securing
convenient access thereto.
• --- The basis concept of conservation of Ancient Monuments
enshrined there in is “that the offences relating to the
destruction, removal, injury, alteration, defacement, or
misuse, etc, of a protected monument or removal form
any monuments any sculpture, carving, image, bas-relief,
carving, inscription, or other similar objects were made
cognizable offence.

12. • --- In 1972 - Antiquities and Art Treasures Act, 1972 was
implemented.
• — It defined the “antiquities” in a more
comprehensive manner, making it obligatory on the
owners to regulate the art treasures and other antiquities
possessed by them and to register with the Registering
officers posted at different places in the country.
• — The basic feature and concept of it was to regulate the
export trade in antiquities and art treasures in the
country
• According to this Act the definition of Treasure or
Antiquity is :

13. • I. “Antiquities Includes:
• (i) Any coin, sculpture, painting, epigraph, or other
work of art, or craftsmanship.
• (ii) Any article object or thing detached from a building
or a cave.
• (iii) Any article, object or thing, illustrative of science,
art, crafts, literature, religion, customs, morals or
politics of bygone days
• (iv) Any article, object or things of historical interest
• (v) Any article objects or thing declared by the
Central Government by notification in official
Gazette to be an antiquity for the purpose of this
Act, which has been in existence for not less than
one hundred years, and

14. • II. Any manuscript, record or other document which is
of scientific, aesthetic value, historical, literary and
which has been in existence for not less than seventy-
five years
• III. “art treasure” means any human work of art not
being an antiquity, declared by the Central
Government by notification in the official Gazette
to be an art treasure for the purposes of this Act
having regard to its artistic or aesthetic value:
• Provided that no declaration under this clause shall be
made in respect of any such work of art, so long as the
author is alive.