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HERITAGE PRESERVATION LAWS
PRESERVING INDIAN HERITAGE
Bengal Regulation XIX of 1810 &
Madras Regulation VII of 1817
• Cultural renaissance of early nineteenth century witnessed enactment of the
first ever antiquarian legislation in India.
• Followed by another legislation called as Madras Regulation VII of 1817.
• Both these regulations vested the Government with a power to intervene
whenever the public buildings were under threat of misuse.
• Acts were silent on the buildings under the private ownership.
Act XX of 1863
Empower the Government to prevent injury to and preserve buildings
remarkable for their antiquity or for their historical or architectural value.
Indian Treasure Trove Act, 1878
Promulgated to protect and preserve treasure found accidentally but had
the archaeological and historical value.
Ancient Monuments Preservation Act, 1904
Effective preservation and authority over the monument particularly those,
which were under the custody of individual or private ownership.
Antiquities Export Control Act, 1947
Regulation over the export of antiquities under a licence issued by the
Director General and empowering him to decide whether any article, object
or thing is or is not an antiquity for the purpose of the act and his decision
was final.
Ancient and Historical Monuments and
Archaeological Sites and Remains (Declaration of
National Importance) Act, 1951
• All the ancient and historical monuments and archaeological sites and
remains protected earlier under ‘The Ancient Monuments Preservation Act,
1904 were re-declared as monuments and archaeological sites of national
importance under this Act.
• Four hundred and fifty monuments and sites of Part ‘B’ States were also
added.
Some more monuments and archaeological sites were also declared as of
national importance under Section 126 of the States Reorganization Act,
1956.
Ancient Monuments and Archaeological Sites
and Remains Act, 1958
• Preservation of ancient and historical monuments and archaeological sites
and remains of national importance.
• Regulation of archaeological excavations.
• Protection of sculptures, carvings and other like objects
• In year 2010 amendment was passed to insert few new provisions, one of them
was constitution of National Monument Authority.
• It will make recommendations to the central government for grading and
classifying protected monuments and protected areas.
• Oversee the working of the competent authorities.
• Suggest measures for implementation of the act .
Antiquities and Art Treasures Act, 1972
• Effective control over the moveable cultural property consisting of
antiquities and art treasures.
• Regulate the export trade in antiquities and art treasures.
• Prevention of smuggling of, and fraudulent dealings in, antiquities.
• Provide compulsory acquisition of antiquities and art treasures for
preservation in public places.
• Provide certain other matters connected therewith or incidental or
ancillary thereto.
• Supplemented with The Antiquities and Art Treasure Rules 1973.
Various State Laws
• Tamil Nadu Ancient Monuments and Archaeological Sites and Remains Act,
1966.
• Hampi World Heritage Area Management Authority Act, 2002.
• Orissa Ancient Monuments and Preservation Act, 1956.
• Rajasthan Monuments, Archaeological Sites and Antiquities Act, 1961.
• Madhya Pradesh Ancient Monuments and Archaeological Sites and Remains
Act, 1964.
• Victoria Memorial Act, 1903.
• Salar Jung Museum Act, 1961.
• Etc…

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Heritage Preservation Laws in India

  • 2. Bengal Regulation XIX of 1810 & Madras Regulation VII of 1817 • Cultural renaissance of early nineteenth century witnessed enactment of the first ever antiquarian legislation in India. • Followed by another legislation called as Madras Regulation VII of 1817. • Both these regulations vested the Government with a power to intervene whenever the public buildings were under threat of misuse. • Acts were silent on the buildings under the private ownership.
  • 3. Act XX of 1863 Empower the Government to prevent injury to and preserve buildings remarkable for their antiquity or for their historical or architectural value. Indian Treasure Trove Act, 1878 Promulgated to protect and preserve treasure found accidentally but had the archaeological and historical value.
  • 4. Ancient Monuments Preservation Act, 1904 Effective preservation and authority over the monument particularly those, which were under the custody of individual or private ownership. Antiquities Export Control Act, 1947 Regulation over the export of antiquities under a licence issued by the Director General and empowering him to decide whether any article, object or thing is or is not an antiquity for the purpose of the act and his decision was final.
  • 5. Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951 • All the ancient and historical monuments and archaeological sites and remains protected earlier under ‘The Ancient Monuments Preservation Act, 1904 were re-declared as monuments and archaeological sites of national importance under this Act. • Four hundred and fifty monuments and sites of Part ‘B’ States were also added. Some more monuments and archaeological sites were also declared as of national importance under Section 126 of the States Reorganization Act, 1956.
  • 6. Ancient Monuments and Archaeological Sites and Remains Act, 1958 • Preservation of ancient and historical monuments and archaeological sites and remains of national importance. • Regulation of archaeological excavations. • Protection of sculptures, carvings and other like objects • In year 2010 amendment was passed to insert few new provisions, one of them was constitution of National Monument Authority. • It will make recommendations to the central government for grading and classifying protected monuments and protected areas. • Oversee the working of the competent authorities. • Suggest measures for implementation of the act .
  • 7. Antiquities and Art Treasures Act, 1972 • Effective control over the moveable cultural property consisting of antiquities and art treasures. • Regulate the export trade in antiquities and art treasures. • Prevention of smuggling of, and fraudulent dealings in, antiquities. • Provide compulsory acquisition of antiquities and art treasures for preservation in public places. • Provide certain other matters connected therewith or incidental or ancillary thereto. • Supplemented with The Antiquities and Art Treasure Rules 1973.
  • 8. Various State Laws • Tamil Nadu Ancient Monuments and Archaeological Sites and Remains Act, 1966. • Hampi World Heritage Area Management Authority Act, 2002. • Orissa Ancient Monuments and Preservation Act, 1956. • Rajasthan Monuments, Archaeological Sites and Antiquities Act, 1961. • Madhya Pradesh Ancient Monuments and Archaeological Sites and Remains Act, 1964. • Victoria Memorial Act, 1903. • Salar Jung Museum Act, 1961. • Etc…