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

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GOVERNMENT OF GOA 

Law Department (Legal Advice) 

 

Notification 

LD/Bill/13/78 

The following Act which was passed by the Legislative Assembly and assented to 

by the President of India on 25-1-1979 is hereby published for general 

information of the public. 

B. S. Subbanna, Under Secretary (Law). Panaji, 12TH February, 1979. 

 

 

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

(Act No. 1 of 1979) [25th January, 1979] 

An Act to provide for the preservation of ancient monuments and archaeological 

sites and remains other than those declared by or under any law made by Parliament to 

be of national importance, for the regulation of archaeological excavations and for the 

protection of sculptures, carving and other like objects which are antiquities. 

Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the Twenty- 

ninth Year of the Republic of India as follows:— 

 

CHAPTER I 

Preliminary 

1. Short title, extent and commencement.— (1) This Act may be called the Goa, 
1[****] Ancient Monuments and Archaeological Sites and Remains Act, 1978. 

(2) It extends to the whole of the Union territory of Goa, Daman and Diu. 

(3) It shall come into force on such date as the Government may, by notification, 

appoint. 

2. Definitions.— In this Act, unless the context otherwise requires,— 

(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,— 

(i) the remains of an ancient monument, 

(ii) the site of an ancient monument, 

(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 

(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; 

(2) “antiquity” includes — 

(i) any coin, sculpture, manuscript, epigraph, or work of art or craftsmanship, 



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(ii) any article, object or thing detached from a building or cave, 

(iii) any article, object or thing illustrative of science, art, crafts, literature, religion, 

customs, morals or politics in bygone ages, 

(iv) any article, object or thing of historical interest, and 

(v) any article, object or thing declared by the Government, by notification, to be an 

antiquity for the purposes of this Act, which has been in existence for not less than one 

hundred years; 

(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; 

(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,— 

(i) such portion of land adjoining the area as may be required for fencing, or 

covering in, or otherwise preserving it, and 

(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; 

(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; 

(6) “Government “means the Government of the Union territory of Goa, Daman and 

Diu; 

2[(7) “maintain” with it‟s grammatical variations and cognate expressions 

includes, the renovation, re-erection, re-construction, fencing, covering in, 

repairing, conservation, preservation, restoration and cleaning of a protected 

monument/ancient monument and the doing of any act which may be necessary for the 

purpose of preserving a protected monument/ancient monument or for securing 

convenient access thereto and/or for it‟s adaptive re-use, without affecting it‟s 

basic character, archaeological, historical and heritage value;]. 

(8) “notification” means a notification in the Official Gazette; 

(9) “owner” includes,— 

(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 

(ii) any manager or trustee exercising powers of management and the successor-in 

office of any such manager or trustee. 

(10) “prescribed” means prescribed by rules made under this Act, 

(11) “protected area” means any archaeological site and remains which is 

declared to be a protected area by or under this Act, 

(12) “protected monument” means an ancient monument which is declared to be a 

protected monument by or under this Act. 

 

 

 

 



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CHAPTER II 

Protection of Ancient Monuments and Archaeological Sites and Remains 

3. Power of Government to declare certain monuments, etc. to be protected 

monuments or areas.— (1) Where the Government is of opinion that any ancient 

monument or archaeological site and remains, which has not been declared by or under 

law made by Parliament to be of national importance, requires protection under this Act, 

it may, by notification, give two months‟ notice of its intention to declare such ancient 

monument or archaeological site and remains to be protected monument or a protected 

area, as the case may be, and a copy of every such notification shall be affixed in a 

conspicious place near the monument or the site and remains, as the case may be. 

(2) Any person interested in any such ancient and historical monument or 

archaeological site and remains may, within two months after the issue of the notification 

under sub-section (1), object to the declaration of the monument or the archaeological 

site and remains to be a protected monument or a protected area. 

(3) On the expiry of the said period of two months the Government may, after 

considering the objections, if any, received by it, declare, by notification, the ancient 

monument or the archaeological site and remains, as the case may be, to be a protected 

monument or a protected area. 

(4) A notification published under sub-section (3) shall, unless and until it is 

withdrawn, be conclusive evidence of the fact that the ancient monument or the 

archaeological site and remains, to which it relates, is a protected monument or a 

protected area for the purposes of this Act. 

CHAPTER III 

Protected Monuments 

4. Acquisition of rights in a protected monument.— (1) The Director may, with the 

sanction of the Government, purchase or take a lease of, or accept a gift or bequest of, 

any protected monument. 

(2) Where a protected monument is without an owner, the Director may, by 

notification, assume the guardianship thereof. 

(3) The owner of any protected monument may, by written instrument, constitute the 

Director the guardian of the monument, and the Director may, with the sanction of the 

Government, accept such guardianship. 

(4) When the Director has accepted the guardianship of a monument under sub- 

section (3) the owner shall, except as expressly provided in this Act, have the same 

estate, right, title and interest in and to the monument as if the Director had not been 

constituted a guardian thereof; and the provisions of this Act relating to agreements 

executed under section 5 shall apply to the written instrument executed under sub-section 

(3). 

(5) Nothing in this section shall affect the use of any protected monument for 

customary religious observances. 

5. Preservation of protected monument by agreement.— (1) The Director, when 

so directed by the Government shall propose to the owner of a protected monument to 

enter into an agreement with the Government within a specified period for the 

maintenance of the monument. 

(2) Any agreement made under this section may provide for all or any of the 

following matters, namely:— 



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(a) the maintenance of the monument; 

(b) the custody of the monument and the duties of any person who may be 

employed to watch it; 

(c) the restriction of the owner‟s right — 

(i) to use the monument for any other purpose, 

(ii) to charge any fee for entry into, or inspection of the monument, 

(iii) to destroy, remove, alter or deface the monument, or 

(iv) to build on or near the site of the monument; 

(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; 

(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; 

(f) the payment of any expenses incurred by the owner or by the Government in 

connection with the maintenance of the monument; 

(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; 

(h) the appointment of an authority to decide any dispute arising out of the 

agreement; and 

(i) any matter connected with the maintenance of the monument which is a proper 

subject of agreement between the owner and the Government. 

(3) The Government or the owner may, at any time after the expiry of three years 

from the date of execution of any agreement under this section, terminate it on giving six 

months” notice in writing to the other party: 

Provided that where the agreement is terminated by the owner, he shall pay to the 

Government the expenses if any, incurred by it on the maintenance of the monument 

during the five years immediately preceding the termination of the agreement or, if the 

agreement has been in force for a shorter period, during the period the agreement was in 

force. 

(4) An agreement under this section shall be binding on any person claiming to be the 

owner of the monument to which it relates from, through or under a party by whom or on 

whose behalf the agreement was executed. 

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. — (1) If the owner of a protected monument is unable, by reason of minority 

or other disability, to act for himself, the person legally competent to act on his behalf 

may exercise the powers conferred upon the owner by section 5. 

(2) Where a protected monument is a village property,— 

(a) if such property vests in the Panchayat for the village, the Panchayat; or 

(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 



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powers conferred upon an owner by section 5. 

(3) Nothing in this section shall be deemed to empower any person, not being of same 

religion as the person on whose behalf he is acting, to make or execute an agreement 

relating to a protected monument which, or any part of which, is periodically used for the 

religious worship or observances of that religion. 

7. Application of endowment to repair a protected monument.— (1) If any owner 

or other person competent to enter into an agreement under section 5 for the maintenance 

of a protected monument refuses or fails to enter into such an agreement and if any 

endowment has been created for the purpose of keeping such monument in repair, the 

Government may institute a suit in the court of the District Judge or, if the estimated cost 

of repairing the monument does not exceed one thousand rupees, may make an 

application to the District Judge, for the proper application of such endowment or part 

thereof. 

(2) On the hearing of an application under sub-section (1) The District Judge may, 

summon and examine the owner and any person whose evidence appears to him 

necessary and may pass an order for the proper application of the endowment 

or any part thereof, and any such order may be executed as if it were a decree of a civil 

court. 

8. Failure or refusal to enter into an agreement.— (1) If any owner or other person 

competent to enter into an agreement under section 5 for the maintenance of a protected 

monument, refuses or fails to enter into such an agreement, the Government may make 

an order providing for all or any of the matters specified in sub-section (2) of section 5 

and such order shall be binding on the owner or such other person and on every person 

claiming title to the monument from, through or under, the owner or such other person. 

(2) Where an order made under sub-section (1) provides that the monument shall be 

maintained by the owner or other person competent to enter into an agreement, all 

reasonable expenses for the maintenance of the monument shall be payable by the 

Government. 

(3) No order under sub-section (1) shall be made unless the owner or other person has 

been given an opportunity of making a representation in writing against the proposed 

order. 

9. Power to make order prohibiting contravention of agreement under section 

5.— (1) If the Director apprehends that the owner or occupier of a protected monument 

intends to destroy, remove, alter, deface, imperil or misuse the monument or to build on 

or near the site thereof in contravention of the terms of an agreement executed under 

section 5, the Director may, after giving the owner or occupier an opportunity of making 

a representation in writing, make an order prohibiting any such contravention of the 

agreement: 

Provided that no such opportunity may be given in any case where the Director, for 

reasons to be recorded, is satisfied that it is not expedient or practicable to do so. 

(2) Any person aggrieved by an order made under sub-section (1) may appeal to the 

Government within such time and in such manner as may be prescribed and the 

decision of the Government shall be final. 

10. Enforcement of agreement.— (1) If an owner or other person who is bound to 

maintain a monument by an agreement executed under section 5 refuses or fails, within 



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such reasonable time as the Director may fix, to do any act which in the opinion of the 

Director is necessary for the maintenance of the monument the Director may authorise 

any person to do any such act, and the owner or other person shall be liable to pay the 

expenses of doing any such act or such portion of the expenses as the owner may be 

liable to pay under the agreement. 

(2) If any dispute arises regarding the amount of expenses payable by the owner 

or other person under sub-section (1), it shall be referred to the Government 

whose decision on such reference shall be final. 

11. Purchasers at certain sales and persons claiming through owner bound by 

instrument or agreement executed by owner.— Every person who purchases at a sale 

for arrears of land revenue or any other public demand, any land on which is situated a 

monument in relation to the guardianship of which an instrument has been executed by 

the owner for the time being under sub-section (3) of section 4 or in relation to the 

maintenance of which any agreement has been entered into by such owner under section 

5 and every person claiming any title to the monument from, through or under an owner 

who executed such instrument or entered into such agreement shall be bound by such 

instrument or agreement, as the case may be. 

12. Acquisition of protected monument. — If the Government apprehends that a 

protected monument is in danger of being destroyed, injured, misused or allowed to fall 

into decay, it may acquire the protected monument under the provisions of the Land 

Acquisition Act, 1894 (Central Act 1 of 1894), as if the maintenance of the protected 

monument were a public purpose within the meaning of that Act. 

13. Maintenance of certain protected monuments. — (1) The Government shall 

maintain every monument which has been acquired under section 12 or which has been 

purchased, taken on lease or accepted as a gift or bequest under sub-section (1) of section 

4. 

(2) When the Director has assumed the guardianship of a monument under section 

4, he shall, for the purpose of maintaining such monument, have access to the monument 

at all reasonable times, by himself or by his agent, subordinates and workmen, for the 

purpose of inspecting the monument or for the purpose of bringing such materials and 

doing such acts as he may consider necessary or desirable for the maintenance 

thereof. 

14. Voluntary contributions.— The Director may receive voluntary contribution 

towards the cost of maintaining a protected monument and may give such general or 

special directions as he considers necessary for the management and applications of the 

contributions so received by him: 

Provided that no contribution received under this section shall be applied to any 

purpose other than the purpose for which it was contributed. 

15. Protection of place of worship from misuse, pollution or desecration. — (1) 

A protected monument maintained by the Government under this Act which is a place of 

worship or shrine shall not be used for any purpose inconsistent with its character. 

(2) Where the Government has acquired a protected monument under section 12 or 

where the Director has purchased or taken a lease or accepted a gift or bequest or 

assumed guardianship, of a protected monument under section 4, and, such monument or 

any part thereof is used for religious worship or observances by any community, the 

Director shall make due provisions for the protection of such a monument or part thereof 



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from pollution or desecration,— 

(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 

(b) by taking such other action as he may think necessary in this behalf. 

16. Relinquishment of Government rights in a monument.— With the sanction of 

the Government, the Director may,— 

(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 

(b) relinquish any guardianship of a monument which he has assumed under this 

Act. 

17. Right of access to protected monument.— Subject to any rules made under this 

Act, the public shall have a right of access to any protected monument. 

3[17 A. Restoration of ancient monument.— Notwithstanding anything contained 

in this Act, the Government may, after being satisfied that any ancient monument needs 

restoration, authorize and/or permit to carry out such works as it deems fit for restoration 

of such ancient monument. 

17 B. Use of ancient monument.— The Government may authorize or permit 

adaptive re-use of ancient monument to the extent that it‟s basic character, 

archaeological, historical and heritage value is not affected, so as to enable it or any other 

agency appointed by it, to defray maintenance cost of such monument through revenue 

earned from such use.] 

CHAPTER IV 

Protected Areas 

18. Restriction on enjoyment of property rights in protected areas.— (1) No 

person, including the owner or occupier of a protected area, shall construct any building 

within the protected area or carry on any mining, quarrying, excavating, blasting or any 

operation of a like nature in such area or utilise such area or any part thereof in any other 

manner without the permission of the Government: 

Provided that nothing in this sub-section shall be deemed to prohibit the use of any 

such area or part thereof for purposes of cultivation if such cultivation does not involve 

the digging of not more than one foot of soil from thesurface. 

(2) The Government may, by order, direct that any building constructed by the person 

within a protected area in contravention of the provisions of sub-section 

(1) shall be removed within a specified period and if the person refuses or fails to comply 

with the order, the Director may cause the building to be removed and the person shall be 

liable to pay the cost of such removal. 

19. Power to acquire protected areas.— If the Government is of opinion that any 

protected area contains any ancient monument or antiquity of any interest and value to 

the public, it may acquire such area under the provisions of the Land Acquisition Act, 

1894 (Central Act 1 of 1894), as if the acquisition were for a public purpose within the 



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meaning of the Act. 

 

CHAPTER V 

Archaeological Excavations 

20. Excavations in protected areas.— Subject to the provisions of section 24 of the 

Ancient Monuments and Archaeological Sites and Remains Act, 1958 (Central Act 24 of 

1958) an archaeological officer or an officer authorised by him in this behalf or any 

person holding a licence granted in this behalf under this Act (hereinafter referred to as 

the licensee) may, after giving notice in writing to the Director and the owner, enter upon 

and make excavations in any protectedarea. 

21. Excavations in area other than protected areas.— Subject to the provisions of 

section 22 and section 24 of the Ancient Monuments and Archaeological Sites and 

Remains Act, 1958 (Central Act 24 of 1958), where an archaeological officer has reason 

to believe that any area, not being a protected area, contains ruins or relics of historical or 

archaeological importance he or an officer authorised by him in this behalf may, after 

giving notice in writing to the Director and the owner, enter upon and make excavations 

in the area. 

22. Compulsory acquisition of antiquities, etc. discovered during excavation 

operations.— (1) Where as a result of any excavations made in any area under section 

20 or section 21 any antiquities are discovered, the archaeological officer or the licensee, 

as the case may be, shall,— 

(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; 

(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. 

(2) Until an order for the compulsory acquisition of any such antiquities is made 

under sub-section (3), the archaeological officer, the officer authorised by him or the 

licensee, as the case may be, shall keep them in such safe custody as he may deem fit. 

(3) On receipt of report under sub-section (1), the Government may make an order for 

the compulsory acquisition of any such antiquities at their market value. 

(4) Where an order for the compulsory acquisition of any antiquities is made under 

sub-section (3), such antiquities shall vest in the Government with effect from the date of 

the order. 

23. Excavations, etc. for archaeological purpose.— (1) Save as otherwise 

provided in this Chapter, no archaeological officer or authority shall undertake or 

authorise any person to undertake any excavation or other like operation for any 

archaeological purpose in any area which is not a protected area except with the previous 

approval of the Government and in accordance with such rules or directions, if any, as the 

Government may make or give in this behalf. 

(2)  The provisions of sub-section (1) shall be subject to the provisions of 

section 24 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 

(Central Act 24 of 1958). 

 

 
 

 

 

 
 



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CHAPTER VI 

Protection of Antiquities 

24. Chapter not to apply in case of certain antiquities or class of antiquities.— 

The provisions of this Chapter shall not apply in the case of antiquities or class of 

antiquities in respect of which a notification has been issued by the Central Government 

under sub-section (1) of section 25 of the Ancient Monuments and Archaeological Sites 

and Remains Act, 1958 (Central Act 24 of 1958). 

25. Power of Government to control moving of antiquities.— (1) If the 

Government considers that any antiquities or class of antiquities ought not to be moved 

from the place where they are, without its sanction, the Government may by notification 

direct that any such antiquity or any class of such antiquities shall not be moved except 

with the written permission of the Director: 

Provided that no notification under this sub-section shall be made in respect of any 

antiquity for the compulsory acquisition of which an order has been made by the Central 

Government under sub-section (1) of section 19 of the Antiquities and Art Treasures Act, 

1972 (Central Act 52 of 1972). 

(2) Every application for permission under sub-section (1) shall be in such form and 

contain such particulars as may be prescribed. 

(3) Any person aggrieved by an order refusing permission may appeal to the 

Government whose decision shall be final. 

26. Purchase of antiquities by Government.— (1) If the Government apprehends 

that any antiquity mentioned in a notification issued under sub- section (1) of section 25 

is in danger of being destroyed, removed, injured, misused or allowed to fall into decay 

or is of opinion that, by reason of its historical or archaeological importance, it is 

desirable to preserve such antiquity in a public place, the Government may make an order 

for the compulsory acquisition of such antiquity at its market value and the Director shall 

thereupon give notice to the owner of the antiquity to be acquired. 

(2) Where a notice of compulsory acquisition is issued under sub-section (1) in respect 

of any antiquity, such antiquity shall vest in the Government with effect from the date of 

the notice. 

(3) The power of compulsory acquisition given by this section shall not extend to any 

image or symbol actually used for bonafide religious observances. 

CHAPTER VII 

Principles of Compensation 

27. Compensation for loss or damage.— Any owner or occupier of land who has 

sustained any loss or damage or any diminution of profits from the land by reason of any 

entry on, or excavation in, such land or the exercise of any other power conferred by this 

Act, shall be paid compensation by the Government for such loss, damage or diminution 

of profits. 

28. Assessment of market value of compensation.— (1) The market value of any 

property which the Government is empowered to acquire at such value under this Act, or 

the compensation to be paid by the Government in respect of anything done under this 

Act, shall, where any dispute arises in respect of such market value or compensation, be 

ascertained in the manner provided in sections 3, 5, 8 to 34, 45 to 47, 51 and 52 of the 

Land Acquisition Act, 1894 (Central Act 1 of 1894), so far as they can be made 

applicable: 



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Provided that when making an enquiry under the said Land Acquisition Act, the 

Collector shall be assisted by two assessors, one of whom shall be a competent person 

nominated by the Government and one person nominated by the owner, or in case the 

owner fails to nominate an assessor within such time as may be fixed by the Collector in 

this behalf, by the Collector. 

(2) Notwithstanding anything in sub-section (1) or in the Land Acquisition Act, 1894 

(Central Act 1 of 1894), in determining the market value of any antiquity in respect of 

which an order for compulsory acquisition is made under sub-section (3) of section 22 

or under sub-section (1) of section 26, any increase in the value of the antiquity by reason 

of its being of historical or archaeological importance shall not be taken into 

consideration. 

 

CHAPTER VIII 

Miscellaneous 

29. Delegation.— The Government may by notification direct that the powers 

conferred on it by or under this Act, shall, subject to such conditions as may be specified 

in the direction, be exercisable also by such officer or authority subordinate to the 

Government as may be specified in the direction. 

30. Penalties.— (1) Whoever — 

(i) destroys, removes, injures, alters, defaces, imperils, or misuses a protected 

monument, or 

(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 

(iii) removes from a protected monument any sculpture, carving, image, bas- relief, 

inscription or other like object, or 

(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. 

(2) Any person who moves any antiquity in contravention of a notification issued 

under sub-section (1) of section 25 shall be punishable with fine which may extend 

to five thousand rupees, and the court convicting a person of such contravention may, 

by order, direct such person to restore the antiquity to the place from which it was 

moved. 

3[(3) Nothing contained in sub-sections (1) and (2) shall apply to any 

restoration work undertaken in accordance with the provisions of section 17 A of this 

Act in respect of ancient monument.] 

31. Jurisdiction to try offences.— No Court inferior to that of a Judicial Magistrate 

of the First Class shall try any offence under this Act. 

32. Certain offences to be cognisable.— Notwithstanding anything in the Code of 

Criminal Procedure, 1973 (Central Act 2 of 1974), an offence under clause 

(i) or clause (iii) of sub-section (1) of section 30 shall be deemed to be a cognisable 

offence within the meaning of that Code. 

5[32A. Cognizance and trial of offence.— (1) No prosecution for an offence 

punishable under this Act shall be instituted except by or with the previous 

sanction of the Government. 



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(2) No Court shall take cognizance of an offence punishable under this Act, 

except upon a complaint in writing made by an officer generally or specially 

authorized in this behalf by the Government.] 

33. Recovery of amount due to the Government.— Any amount due to the 

Government from any person under this Act may, on a certificate by the Director or an 

archaeological officer authorised by him in this behalf, be recovered in the same manner 

as an arrear of land revenue. 

34. Ancient monuments, etc. no longer requiring protection.— If the Government 

is of opinion that it is no longer necessary to protect any ancient monument or 

archaeological site and remains under the provisions of this Act, it may by notification 

declare that the ancient monument or archaeological site and remains, as the case may be, 

has ceased to be a protected monument or a protected area for the purposes of this Act. 

35. Power to correct mistakes, etc.— Any clerical mistake, patent error or error 

arising from accidental slip or omission in the description of any ancient monument or 

archaeological site and remains declared to be a protected monument or a protected area, 

by or under this Act, may, at any time, be corrected by the Government by notification. 

36. Protection of action taken under the Act.— No suit for compensation and no 

criminal proceeding shall lie against any public servant in respect of any act done or in 

good faith intended to be done in the exercise of any power conferred by this Act. 

37. Power to make rules.— (1) The Government may, by notification and subject to 

the condition of previous publication, make rules to carry out the purposes of this Act. 

(2) In particular, and without prejudice to the generality of the foregoing power, such 

rules may provide for all or any of the following matters, namely:— 

(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; 

(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; 

(c) the right of access of the public to a protected monument and the fee, if any, to 

be charged therefor; 

(d) the form in which application for permission under section 18 or section 25 may 

be made and the particulars which they shall contain; 

(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; 

(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; 

(g) the manner of service of any order or notice under this Act; 

(h) the manner in which excavations and other like operations for archaeological 

purposes may be carried on; 

(i) any other matter which is to be or may be prescribed. 

(3) Any rule made under this section may provide that a breach thereof shall be 

punishable,— 



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(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; 

(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; 

(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. 

(4) Every rule made under this section shall be laid as soon as may be after it is made 

before the Legislative Assembly of Goa, Daman and Diu, while it is in session for a total 

period of fourteen days which may be comprised in one session or in two successive 

sessions, and if, before the expiry of the session in which it is so laid or the session 

immediately following the Assembly agrees in making any modification in the rule or the 

Assembly agrees that rule should not be made, the rule shall thereafter have effect only 

in such modified form or be of no effect, as the case may be; so, however, that any such 

modification or annulment shall be without prejudice to the validity of anything 

previously done under that rule. 

38. Act not to apply to certain antiquities and ancient monuments and 

archaeological sites and remains.— (1) Nothing in this Act shall apply to any antiquity 

to which the Ancient Monuments and Archaeological Sites and Remains Act, 1958 

(Central Act 24 of 1958) and the Antiquities and Art Treasures Act, 1972 (Central Act 52 

of 1972), apply. 

(2) Where any ancient monument or any archaeological site and remains which is a 

protected monument or protected area, by or under the provisions of this Act, is declared 

at any time by or under any law made by Parliament to be of national importance, the 

provisions of this Act shall cease to apply to such monument or area; and accordingly, it 

shall cease to be a protected monument or protected area for the purposes of this Act. 

 

 

 

 

 

Secretariat, 

Panaji, 

7th February, 1979. 

K. C. D. GANGWANI 
Secretary to the Government of Goa, 

Daman and Diu 
Law Department (Legal Advice) 

 

 

 

 
 

1. Expression “Daman and Diu” omitted vide Amendment No.20 of 2021. 

2. Substituted by the Amendment Act 12 of 2010 published in the O.G. Series I No. 22 dated 1-9-2010. 

3. Section 17-A and 17-B inserted by the Amendment Act 12 of 2010 published in the O.G., Series I No. 
22 dated 1-9-2010. 

4. Inserted by the Amendment Act 12 of 2010 published in the O.G., Series I No. 22 dated 1-9-2010. 

5. Inserted by the Amendment Act 12 of 2010 published in the O.G., Series I No. 22 dated 1-9-2010. 


	The Goa Ancient Monuments and Archaeological Sites and Remains Act, 1978
	Preliminary
	Protection of Ancient Monuments and Archaeological Sites and Remains
	Protected Monuments
	9. Power to make order prohibiting contravention of agreement under section
	Protected Areas
	Archaeological Excavations
	Protection of Antiquities
	Principles of Compensation
	Miscellaneous