Statement of Objects and Reasons.-Under the Government of India Act, 1935, the subject "Ancient and historical monuments; archaeological monuments; archaeological sites and remains " fell within Entry 15 of the Federal List. Under the Constitution, this subject has been distributed under three different heads, namely:-

Entry 67, Union List-Ancient and historical monuments and records, and archaeological sites and remains, declared by or under law made by Parliament to be of national importance.

Entry 12, State List-Ancient and historical monuments and records other than those declared by or under law made by Parliament to be of national importance, and

Entry 40, Concurrent List-Archaeological sites and remains other than those declared by or under law made by Parliament to be of national importance.

There are at present two Acts in force relating to ancient monuments-the Ancient Monuments Preservation Act, 1904, and the Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951. The Act of 1951 merely declares certain monuments, etc., to be of national importance and the Act of 1904 applies also to such monuments.

While the Constitution has distributed the subject-matter under three different heads the Act of 1904 governs all ancient monuments whether falling in the Central field or the State field, and vests all executive power in the Central Government. The position of the existing law relating to ancient monuments is far from satisfactory. The present Bill purports to be a self-contained law at the importance falling under Entry 67 of List I and to archaeological sites and remains falling under Entry 40 in the concurrent List. Simultaneously, the State Governments would be advised to enact a similar law in respect of ancient monument, etc., falling under Entry 12 in the State List. In this manner, the Central and State fields will be clearly demarcated and the existing confusion and overlapping of jurisdiction arising from the Act of 1904 will be eliminated.

2. The Bill is broadly modelled on the Act of 1904. It, however, contains a few new provisions which are intended to overcome certain difficulties which have been experienced in the working of the Act of 1904. Some of the important new provisions are as follows:-

(a) The Act of 1904 confers wide powers upon Collectors. In the interests of uniformity and integrated policy, it is purposed to transfer some of these functions to the Director-General of Archaeology.

(b) The Constitution (Seventh Amendment) Act, 1956, permits the declaration of ancient monuments, etc., to be of national importance by notification. Clause of the Bill confers the necessary powers on the Central Government in this behalf.

(c) One of the main difficulties experienced in regard to protected monuments, etc., owner by private persons is the refusal of such owners to enter into an agreement with the Central Government for the maintenance of the monuments. The Bill provides that where an owner of a protected monument refuses to enter into such agreement, the Central Government may make an order for the maintenance of the monument which shall be binding on the owner. (Clause 9).

(d) Power is being taken to regulated excavation in archaeological sites which are not declared to be of national importance. (Clause 24).

(e) Provision is being made for compulsory purchase of antiquities and other objects of historical or archeological importance on payment of compensation. (Clauses 23(3) and 28).

3. The Act of 1951, and section 126 of the States Reorganisation Act, 1956, are being repealed without affecting the declarations made thereby.

[28th August, 1958]

An Act 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.

Be it enacted by Parliament in the Ninth Year of the Republic of India as follows:-

Preliminary