The Maharashtra Ancient Monuments and Archaeological Sites and Remains Act, 1960.

1961 : Mah. XII]  1 

THE MAHARASHTRA ANCIENT MONUMENTS AND  

ARCHAEOLOGICAL SITES AND REMAINS ACT, 1960 

                                                                                                                    [Text as on 21th April 2026] 

—————— 

CONTENTS 

PREAMBLE. 

SECTIONS. 

 1.  Short title, extent and commencement.   

 2.  Definitions.   

PROTECTED MONUMENTS 

 3.  Certain ancient and historical monuments deemed to be protected monuments.  

 4.  Power of State Government to declare ancient and historical monuments to be protected 

monuments.  

 5.  Acquisition of rights in a protected monument.   

 6.  Preservation of protected monument by agreement.  

 7.  Owners under disability or not in possession.   

 8.  Application of endowment to repair a protected monument.   

 9.  Failure or refusal to enter into an agreement.   

 10.  Power to make order prohibiting contravention of agreement under section 6.  

 11.  Enforcement of agreement.   

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

executed by owner.  

 13.  Acquisition of protected monuments.   

 14.  Maintenance of certain monuments.   

 15.  Voluntary contributions.  

 16.  Protection of place of worship from misuse, pollution or desecration.  

 17.  Preservation of amenities of protected monuments.   

 18.  Relinquishment of Government rights in a monument.   

 19.  Rights of access to protected monuments. 

PROTECTED AREAS  

 20.  Power of State Government to declare archaeological sites and remains to be  

protected areas.  

 21.  Restrictions on enjoyment of property rights in protected areas.   

 22.  Power to acquire a protected area. 

ARCHAEOLOGICAL EXCAVATIONS 

 23.  Excavations in protected areas.  

 24.  Compulsory purchase of antiquities, etc., discovered during excavation operation. 



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PROTECTION OF ANTIQUITIES 

 25.  Power of State Government to control moving of antiquities.   

 26.  Purchase of antiquities by State Government. 

PRINCIPLES OF COMPENSATION 

 27.  Compensation for loss or damage.   

 28.  Assessment of market value or compensations.   

 29.  Special provision as to compensation under section 17. 

MISCELLANEOUS 

 30.  State Advisory Board.  
 31.  Delegation of powers.  

 32.  Power to issue directions.   

 33.  Penalties.   

 34.  Jurisdiction to try offences.  

 35.  Certain offences to be cognizable.  

 36.  Special provision regarding fine.  

 37.  Recovery of amounts due to Government.   

 38.  Monuments and sites which have ceased to be protected monuments and protected areas.  

 39.  Power to correct mistakes etc.  

 40.  Protection of action taken under this Act.  

 41.  Power to make rules.  

 42.  Application of certain other laws not barred. 

 43.  Repeal and Saving.   

 44.  Act not applicable to ancient monuments, etc., of national importance. 



1961 : Mah. XII] The Maharashtra Ancient Monuments and 3 

 Archaeological Sites and Remains Act, 1960 

LIST OF AMENDMENT ACTS 

 1.  Amended by Mah.  6 of 20251 (14-10-2024)  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                   
1  Maharashtra Ordinance No. X of 2024 was repealed by Mah. 6 of 2025, s. 6. 

 

Note.- The date mentioned in the bracket indicates the date of commencement of the Act. 



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Archaeological Sites and Remains Act, 1960 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



1961 : Mah. XII] The Maharashtra Ancient Monuments and 5 

 Archaeological Sites and Remains Act, 1960 

MAHARASHTRA ACT No. XII OF 19611 

[THE MAHARASHTRA ANCIENT MONUMENTS AND  

ARCHAEOLOGICAL SITES AND REMAINS ACT, 1960.] 

[This Act received the assent of the President on the 22nd February 1961; assent was first published in 

the Maharashtra Government Gazette, Extraordinary No. 12, Part IV, on the 27th February 1961.] 

An Act to make better provision for the preservation of ancient  

and historical monuments and records and archaeological sites and  

remains (other than those declared to be of national importance) in  

the State of Maharashtra, and for matters connected with the  

purposes aforesaid. 

WHEREAS, it is expedient to make better provision for the preservation of ancient and historical 

monuments and records and archaeological sites and remains (other than those declared to be of 

national importance) in the State of Maharashtra, and for matters connected with the purposes 

aforesaid; It is hereby enacted in the Eleventh Year of the Republic of India as follows :—  

1.  Short title, extent and commencement.— (1) This Act may be called the Maharashtra 

Ancient Monuments and Archaeological Sites and Remains Act, 1960.  

(2) It extends to the whole of the State of Maharashtra.  

(3) It shall come into force on such 2date as the State Government may, by notification in the 

Official Gazette, appoint.  

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

(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 fifty 

years, and includes—  

(a) the remains of such monument,   

(b) the site of such monument,  

(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  

(d) the means of access to, and from, and convenient inspection of, such monument;  

(2) “antiquity” includes—  

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

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

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

customs, morals or politics in by-gone ages,  

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

(e) any article, object or thing (which in the opinion of the State Government because 

of its historical or archaeological importance is an article, object or thing which it is 

desirable to preserve) declared by the State Government, by notification in the  

Official Gazette, to be an antiquity for the purposes of this Act,  

 which has been in existence for not less than fifty years; 

                                                   
1  For Statement of Objects and Reasons of the L. A. Bill No. XXX of 1960, see Maharashtra Government Gazette,  

       1960, Extraordinary No. 20, Part V, dated 30th July 1960, page 90. 
2  8th date of October 1962 (Vide G. N., E. & S.W. D. No. ANM. 2061-C (i), dated the 19th September 1962). 



6  The Maharashtra Ancient Monuments and [1961 : Mah. XII 

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(3) “Archaeological Officer” means an officer of the Department of Archaeology of the 

State Government, not lower in rank than a Regional Officer;  

(4) “archaeological site and remains” means any area which contains or is reasonably 

believed to contain ruins of relics of historical or archaeological importance which have been in 

existence for not less than fifty years, and includes— 

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

in or otherwise preserving it, and  

(b) the means of access to, and from, and convenient inspection of, the area;  

(5) “Collector” means in the City of Bombay the Collector of Bombay, and elsewhere the 

Collector of the District and includes any officer authorised by the State Government to perform 

all or any of the functions of a Collector by or under this Act;  

(6) “Director” means the officer appointed for the time being by the State Government to be 

the Director of Archives and Historical Monuments, 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;  

(7) “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;  

(8) “owner” includes—  

(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  

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

office of any such manager or trustee;  

(9) “prescribed” means prescribed by rules made under this Act;  

(10) “protected area” means any archaeological site and remains which is declared to be a 

protected area by or under this Act;  

(11) “protected monument” means as ancient and historical monument which is deemed to 

be, or declared to be, a protected monument by or under this Act.  

PROTECTED MONUMENTS 

3.  Certain ancient and historical monuments deemed to be protected monuments.— All 

ancient and historical monuments in the State of Maharashtra, which before the commencement of this 

Act have been declared by or under the Ancient Monuments Preservation Act (Hyd. VIII of 1337 Fasli) 

to be protected monuments, and have not been declared by or under any law made by Parliament to be 

of national importance, shall be deemed to be protected monuments for the purposes of this Act. 

4.  Power of State Government to declare ancient and historical monuments to be protected 

monuments.— (1) Where the State Government is of opinion that any ancient and historical 

monument not included in section 3 and not declared by or under any law made by Parliament to be of 

national importance, should be a protected monument, it may, by notification in the Official Gazette, 

give two months’ notice of its intention to declare such monument to be a protected monument; and a 

copy of every such notification shall be affixed in a conspicuous place near the monument.  

(2) Any person interested in any such monument may, within two months of the issue of the 

notification, object to the declaration of the monument to be a protected monument.  

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

the objections (if any), received by it, declare by notification in the Official Gazette the ancient and 

historical monument to be a protected monument.  



1961 : Mah. XII] The Maharashtra Ancient Monuments and 7 

 Archaeological Sites and Remains Act, 1960 

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

State Government, be conclusive evidence of the fact that the ancient and historical monument to 

which it relates is a protected monument for the purposes of this Act.  

5.  Acquisition of rights in a protected monument.— (1) The Collector may, with the sanction 

of the State 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 Collector may, by notification in the 

Official Gazette, assume the guardianship of the monument.  

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

the guardian of the monument, and the Collector may, with the sanction of the State Government, 

accept such guardianship.  

(4) When the Collector has accepted the guardianship of a monument under sub-section (3), the 

owner shall, except as expressly provided by this Act, have the same estate, right, title and interest in or 

to the monument, as if the Collector had not been constituted a guardian thereof.  

(5) When the Collector has accepted the guardianship of a monument under sub-section (3), the 

provisions of this Act relating to agreements executed under section 6 shall apply to the written 

instrument executed under the said sub-section.  

(6) Nothing in this section shall affect the use of any protected monument for customary religious 

observances.  

6.  Preservation of protected monument by agreement.— (1) The Collector may, with the 

previous sanction of the State Government, propose to the owner of a protected monument to enter into 

an agreement with the State Government, within a specified period, for the maintenance of the 

monument. 

(2) Any agreement under this section may provide for all or any of the following matters, that is 

to say,— 

(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 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 persons 

deputed by the owner, the Director or the Collector to inspect or maintain the monument;  

(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;  

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

connection with the maintenance of the monument;  

(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;  

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



8  The Maharashtra Ancient Monuments and [1961 : Mah. XII 

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

agreement between the owner and the State Government.  

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

the date of execution of an 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 State 

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.  

7.  Owners under disability or not in possession.— (1) If the owner of a protected monument is 

unable, by reason of infancy or other disability, to act for himself, the person legally competent to act 

on his behalf may exercise the powers conferred upon an owner under section 6.  

(2) In the case of village property, the headman or other village officer exercising powers of 

management over such property may exercise the powers conferred upon an owner under section 6.  

(3) Nothing in this section shall be deemed to empower any person, not being of the 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 religious worship or observances of 

that religion.  

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

person competent to enter into an agreement under section 6 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, or for that purpose among others, the State 

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 of any part thereof, and any such order may be executed 

as if it were a decree of a Civil Court.  

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

to enter into an agreement under section 6 for the maintenance of a protected monument refuses or fails 

to enter into such an agreement, the State Government may make an order providing for all or any of 

the matters specified in sub-section (2) of section 6, 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 State 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.  

10.  Power to make order prohibiting contravention of agreement under section 6.— (1) If 

the Collector 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 under section 6, the Collector 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:  



1961 : Mah. XII] The Maharashtra Ancient Monuments and 9 

 Archaeological Sites and Remains Act, 1960 

Provided that, no such opportunity may be given in any case where the Collector, for reasons to 

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

(2) Any person aggrieved by an order under this section may appeal to the State Government 

within such time and in such manner as may be prescribed, and the decision of the State Government 

shall be final.  

11.  Enforcement of agreement.— (1) If the owner or other person who is bound by an 

agreement for the maintenance of a monument under section 6 refuses or fails, within such reasonable 

time as the Collector may fix, to do any act which in the opinion of the Collector is necessary for the 

maintenance of the monument, the Collector 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 State Government, whose decision shall be final.  

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

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 respect of which any instrument has been 

executed by the owner for the time being under section 5 or section 6, and every person claiming any 

title to a monument from, through or under, an owner who executes any such instrument, shall he 

bound by such instrument.  

13.  Acquisition of protected monuments.— If the State 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 1Land Acquisition Act, 1894  

(I of 1894) or any law corresponding thereto in force in any part of the State, as if the maintenance of 

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

14.  Maintenance of certain monuments.— (1) The State Government shall maintain every 

monument which has been acquired under section 13, or in respect of which any of the rights 

mentioned in section 5 have been acquired.  

(2) When the Collector has assumed the guardianship of a monument under section 5, he shall, 

for the purpose of maintaining such monument, have access to the monument at all reasonable times, 

by himself and by his agents, subordinates and workmen, for the purpose of inspecting the monument, 

and for the purpose of bringing such materials and doing such acts as he may consider necessary or 

desirable for the maintenance thereof.  

15.  Voluntary contributions.— The Director may receive voluntary contributions towards the 

cost of maintaining a protected monument, and may give orders as to the management and application 

of any fund 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.  

16.  Protection of place of worship from misuse, pollution or desecration.— (1) A protected 

monument maintained by the State Government under this Act, which is a place of workshop or shrine, 

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

(2) Where the State Government has acquired a protected monument under section 13, or where 

the Collector has purchased, or taken a lease or accepted a gift or bequest, or assumed guardianship, of 

a protected monument under section 5, and such monument or any part thereof is used for religious 

worship or observances by any community, the Collector shall make due provision for the protection of 

such monument or part thereof, from pollution or desecration—  

                                                   
1  Now see the Right to Fair Compensation and Temporary in Land Acquisition, Rehabilitation and Resettlement Act, 2013          

       (30 of 2013). 



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(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 entitled 

so to enter 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.  

17.  Preservation of amenities of protected monuments.— (1) If the State Government is of 

opinion that for the purpose of preserving the reasonable amenities of any protected monument, it is 

necessary so to do, the State Government may, subject to the provisions of this section, by notification 

in the Official Gazette, in respect of any area comprising or adjacent to the site of such monument 

specified in such notification (hereinafter referred to as “the controlled area”)—  

(a) prohibit or restrict the construction, erection or execution of buildings, 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;  

(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;  

(c) require any local authority—  

(i) to construct any approach road to any protected monument, or  

(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;  

(d) prohibit or restrict the felling of trees within the controlled area;  

(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;  

(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.  

(2) Not less than forty-five days before issuing a notification under sub-section (1), the State 

Government shall cause to be published in the Official Gazette, in the controlled area, and in the village 

and at the headquarters of the taluka or mahal of the district in which the controlled area is situated, a 

notification stating that it proposes to issue a notification in terms of sub-section (1), together with a 

notice requiring all persons affected by such notification, who wish to make any objection to the 

issuing of such a notification, to submit their objections in writing to the State Government or appear 

before any officer duly authorised in that behalf to hear objections on behalf of the State Government, 

within one month of the publication of the notification in the Official Gazette, or within fifteen days 

from the date of the publication of the notification in the controlled area, whichever period expires 

later.  

(3) If on the expiration of the time allowed by sub-section (2) for the filing of objections, no 

objection has been made, the State Government shall proceed at once to issue the notification under 

sub-section (1). If any such objection has been made, the State Government may, after all the 

objections have been considered or heard, as the case may be, either—  

(a) abandon the proposal to issue the notification under sub-section (1); or  

(b) issue the notification under sub-section (1) with such modifications (if any), as it thinks fit.  

(4) In considering the objections, the decision of the State Government on the question of issuing 
the notification under sub-section (1) shall be final and conclusive. 



1961 : Mah. XII] The Maharashtra Ancient Monuments and 11 

 Archaeological Sites and Remains Act, 1960 

(5) Nothing contained in any notification under sub-section (1) shall affect any building, structure 
or other work above ground or any alteration or extension thereof, if it was constructed, erected, or 
executed before the date when notice of intention to issue such a notification was given under  
sub-section (2), and for the purpose of this provision a building, structure, or other work and any 
alteration or, extension thereof shall be deemed to have been constructed, erected or executed before 
that date—  

(a) if its construction, erection or execution was begun before that date, or  

(b) if, and so far as, its construction, erection or execution was necessary for the purpose of 
performing a contract made before that date.  

(6) Any person whose property is injuriously affected by the coming into force of a notification 
under sub-section (1) shall, subject to the provisions of section 29, be entitled to obtain compensation 
in respect thereof from the State Government.  

18.  Relinquishment of Government rights in a monument.— With the sanction of the State 
Government, the Collector may,—  

(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  

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

19.  Rights of access to protected monuments.— Subject to any rules made under this Act, the 
public shall have a right of access to any protected monument.  

PROTECTED AREAS 

20.  Power of State Government to declare archaeological sites and remains to be  
protected areas.— (1) Where the State Government is of opinion that any archaeological site and 
remains, not declared by or under any law made by Parliament to be of national importance, should be 
a protected area, it may by notification in the Official Gazette give two months’ notice of its intention 
to declare such archaeological site and remains to be a protected area, and a copy of every such 
notification shall be affixed in a conspicuous place near the site and remains.  

(2) Any person interested in any such archaeological site and remains may, within two months 
after the issue of the notification, object to the declaration of the archaeological site and remains to be a 
protected area.  

(3) On the expiry of the said period of two months, the State Government may, after considering 
the objections (if any), received by it, declare by notification in the Official Gazette the archaeological 
site and remains to be 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 archaeological site and remains to which it relates is a protected 
area for the purposes of this Act. 

21.  Restrictions 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 State 
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 more than 
one foot of soil from the surface.  

(2) The State Government may by order direct that any building constructed by any 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 Collector may cause 
the building to be removed, and the person shall be liable to pay cost of such removal.  



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Archaeological Sites and Remains Act, 1960 

22.  Power to acquire a protected area.— If the State Government is of opinion that any 

protected area contains an ancient monument or interesting and valuable antiquities, it may acquire 

such area under the provisions of the Land Acquisition Act, 1894 (1 of 1894), or any law 

corresponding thereto in force in any part of the State, as if the acquisition were for a  

public purpose within the meaning of that Act.  

ARCHAEOLOGICAL EXCAVATIONS 

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

Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), an archaeological officer 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 Collector and the owner, enter upon and make 

excavations in any protected area.  

24.  Compulsory purchase of antiquities, etc., discovered during excavation operation.— (1) 

Where, as a result of any excavations made in any area under section 23, 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 State 

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, of the nature of such antiquities.  

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

sub-section (3), the archaeological officer or the licensee, as the case may be, shall keep them in such 

safe custody as he may deem fit.  

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

compulsory purchase of any such antiquities at their market value.  

(4) When an order for the compulsory purchase of any antiquities is made under sub-section (3), 

such antiquities shall vest in the State Government with effect from the date of the order. 

PROTECTION OF ANTIQUITIES 

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

Government considers it necessary in the public interest that any antiquities or class of antiquities 

ought not to be moved from the place where they are without the sanction of the State Government, the 

State Government may, by notification in the Official Gazette, direct that any such antiquity or any 

class of such antiquities shall not be moved except with the written permission of the Collector.  

(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 State Government, 

whose decision shall be final.  

26.  Purchase of antiquities by State Government.— (1) If the State 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 State Government may make an order for the compulsory purchase of such antiquity 

at its market value, and the Collector shall thereupon give notice to the owner of the antiquity to be 

purchased.  

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

antiquity, such antiquity shall vest in the State Government with effect from the date of the notice.  

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

symbol actually used for bona fide religious observances.  



1961 : Mah. XII] The Maharashtra Ancient Monuments and 13 

 Archaeological Sites and Remains Act, 1960 

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 excavations in, 

such land or the exercise of any other power conferred by this Act, shall be paid compensation by the 

State Government for such loss, damage or diminution of profits.  

28.  Assessment of market value or compensations.— (1) The market value of any property 

which the State Government is empowered to purchase at such value under this Act, or the 

compensation to be paid by the State 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 (I of 1894) or 

similar provisions in any law corresponding to the said Land Acquisition Act in force in any part of the 

State, so far as they can be made applicable:  

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

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

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

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

behalf, by the Collector.  

(2) Notwithstanding anything contained in sub-section (1) or in the said Land Acquisition Act or 

corresponding law, in determining the market value of any antiquity in respect of which an order for 

compulsory purchase is made under sub-section (3) of section 24 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.  

29.  Special provision as to compensation under section 17.— (1) No person shall be entitled 

to compensation in respect of any notification issued under sub-section (1) of section 17 unless within 

three months from the date on which such notification comes into force, or within such further time as 

the State Government may in special circumstances allow, he makes a claim for the purpose in such 

manner as may be prescribed by the State Government.  

(2) A person shall not be entitled to compensation by reason of the fact that any act or thing done 

or caused to be done by him has been rendered abortive by such notification if, or so far as the act or 

thing was done after the date on which the notification was issued, or by reason of the fact that the 

performance of any contract made by him after that date is prohibited as a result of the notification.  

(3) Where any provision of such notification was immediately before the notification came into 

force already in force by virtue of any other Act, no compensation shall be payable by reason of any 

property being injuriously affected by that provision of the notification, if compensation has been paid 

or could have been claimed, or was not payable, by reason of that property having been injuriously 

affected by the provision already in force.  

(4) Where any provision of such notification could, immediately before it came into force, have 

been validly included in a scheme, order, regulation or byelaw by virtue of any other Act, then,—  

(a) if no compensation would have been payable by reason of the inclusion of that provision 

in that scheme, order, regulation or byelaw, no compensation shall be payable in respect of that 

provision of the notification; and  

(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.  

(5) Any dispute as to the amount of the sum which is to be paid as compensation in respect of 

such a notification shall be determined in accordance with the provisions of section 28.  

MISCELLANEOUS 

30.  State Advisory Board.— (1) For the purpose of advising the State Government in the matter 

of the preservation and maintenance of protected monuments and protected areas, and such other 



14  The Maharashtra Ancient Monuments and [1961 : Mah. XII 

Archaeological Sites and Remains Act, 1960 

matters incidental to the administration of this Act as may be referred to it by the State Government, 

the State Government may constitute a State Advisory Board under such name as it may specify.  

(2) The constitution of the Advisory Board, the term of office of its members, and the procedure 

regarding its work, shall be such as may be prescribed.  

(3) The members of the Board shall be entitled to payment of such travelling allowance, as may 

be prescribed.  

31.  Delegation of powers.— The State Government may, by notification in the Official Gazette, 

direct that any’ 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 the Director or such other officer not below the rank of 

Collector, as may be specified in the direction. 

32.  Power to issue directions.— Notwithstanding anything contained in this Act, the State 

Government may from time to time issue directions for the guidance of its officer in matters connected 

with the administration of this Act, and the officers shall comply with such directions.  

33.  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 9 or under sub-section (1) of section 10, 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 21,  

shall, on conviction, be punished 1[with imprisonment for a term which may extend to two years, or 

with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees], or 

with both.  

2[(1A) Whoever,—  

(i) consumes or possesses liquor or any intoxicating substance in the premises of the 

protected monuments, or  

(ii) does any obscene act in the premises of the protected monuments, or  

(iii) does an act of gambling in the premises of the protected monuments,  

shall, on conviction, be punished with imprisonment for a term which may extend to six months, 

or with fine which may extend to one lakh rupees, or with both.] 

(2) Any person who contravenes any of the provisions of a notification issued under  

sub-section (1) of section 17 shall, on conviction, be punished 3[with fine which shall not be less than 

ten thousand rupees but which may extend to one lakh rupees,] and if the contravention is continued 

after conviction, with a further fine which may extend to 4[five hundred rupees] for each day on which 

the contravention is so continued, and if such contravention is continued after the expiry of such period 

as the Court may determine, the State Government shall in addition have power to do all such acts as in 

its opinion are necessary for removing so much of the building, structure or work as is not in 

conformity with the provisions of the notification for making it in conformity with such provisions, and 

any expense incurred by the State Government shall be recoverable from the person convicted as an 

arrear of land revenue.  

                                                   
1  These words were substituted for the words “with imprisonment for a term which may extend to three months, or with 

 fine which may extend to five thousand rupees” by Mah. 6 of 2025, s. 2(1). 
2  This sub-section was inserted by Mah. 6 of 2025, s. 2(2). 
3  These words were substituted for the words “with fine which may extend to two thousand rupees” by Mah. 6 of 2025,  

 s. 2(3)(a). 
4  These words were substituted for the words “twenty-five rupees” by Mah. 6 of 2025, s. 2(3)(b). 



1961 : Mah. XII] The Maharashtra Ancient Monuments and 15 

 Archaeological Sites and Remains Act, 1960 

(3) Any person who moves any antiquity in contravention of a notification issued under  
sub-section (1) of section 25 shall, on conviction, be punished 1[with fine which shall not be less than 
ten thousand rupees but which may extend to one lakh rupees] and the Court convicting a person of 
any such contravention may by order direct such person to restore the antiquity to the place from which 
it was moved.  

34.  Jurisdiction to try offences.— No Court inferior to that of a presidency magistrate or a 
magistrate of the first class shall try any offence under this Act.  

35.  Certain offences to be cognizable.— Notwithstanding anything contained in the  
2[Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)], an offence under clause (i) or clause (iii) of 
sub-section (1) of section 33 shall be deemed to be a cognizable offence within the meaning of that  
3[Sanhita].  

36.  Special provision regarding fine.— Notwithstanding anything contained in 4[section 23 of 
the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)],  it shall be lawful for any magistrate of 
the first class specially empowered by the State Government in this behalf, and for any presidency 
magistrate, to pass a sentence of fine exceeding 5[fifty thousand rupees] on any person convicted of an 
offence which under this Act is punishable with fine exceeding 6[fifty thousand rupees].  

37.  Recovery of amounts due to Government.— Any amount due to the State Government 
from any person under this Act may, on a certificate issued by the Director or an officer authorised by 
the State Government in this behalf, be recovered in the same manner as an arrear of land revenue.  

38.  Monuments and sites which have ceased to be protected monuments and protected 
areas.— If the State Government is of opinion that any ancient and historical monument or 
archaeological site and remains declared to be a protected monument or protected area, should cease to 
be such monument or area, it may by notification in the Official Gazette, declare that the ancient and 
historical monument or archaeological site and remains has ceased to be a protected monument or a 
protected area, and thereupon such monument or area shall cease to be a protected monument or 
protected area for the purposes of this Act.  

39.  Power to correct mistakes etc.— Any clerical mistake, patent error, or error arising from 
accidental slip or omission in the description of any ancient and historical 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 State Government by notification in the Official Gazette.  

40.  Protection of action taken under this 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.  

41.  Power to make rules.— (1) The State Government may, by notification in the Official 
Gazette and subject to the condition of previous publication, make rules for carrying out the purposes 
of this Act.  

(2) In particular, and without prejudice to the generality of the forgoing 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 land adjoining such monument and the removal of unauthorised 
buildings;  

                                                   
1  These words were substituted for the words “with fine which may extend to five thousand rupees” by Mah. 6 of 2025,  

 s. 2(4). 
2  These words were substituted for the words “Code of Criminal Procedure, 1898 (V of 1898)” by Mah. 6 of 2025,  

 s. 3(1). 
3  This word was substituted for the word “Code” by Mah. 6 of 2025, s. 3(2). 
4  These words and figures were substituted for the words and figures “section 32 of the Code of Criminal Procedure, 1898  

 (V of 1898)” by Mah. 6 of 2025, s. 4(1). 
5  These words were substituted for the words “two thousand rupees” by Mah. 6 of 2025, s. 4(2). 
6  These words were substituted for the words “two thousand rupees” by Mah. 6 of 2025, s. 4(2). 



16  The Maharashtra Ancient Monuments and [1961 : Mah. XII 

Archaeological Sites and Remains Act, 1960 

(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 and contents of the report of an archaeological officer or a licensee under  
clause (a) of sub-section (1) of section 24;  

(e) the form in which application for permission under section 21 or section 25 may be 

made and the particulars which they should contain;  

(f) the form and manner or preferring appeals under this Act, 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) 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;  

(j) 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,—  

(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 1[with fine which shall not be less 
than ten thousand rupees, but which may extend to one lakh rupees,] or with both;  

(ii) in the case of a rule made with reference to clause (b) of sub-section (2), 2[with fine 
which shall not be less than ten thousand rupees, but which may extend to one lakh rupees];  

(iii) in the case of a rule made with reference to clause (c) of sub-section (2), 3[with fine 
which shall not be less than ten thousand rupees, but which may extend to one lakh rupees];  

(4) All rules made under this section shall be laid before each House of the State Legislature as 
soon as possible after they are made, and shall be subject to such modifications as the State Legislature 
may make during the session in which they are so laid or the session immediately following.  

42.  Application of certain other laws not barred.— Save as expressly provided, the provisions 
of this Act shall be in addition to, and not in derogation of, the provisions of the Ancient Monuments 
and Archaeological Sites and Remains Act, 1958 (24 of 1958), in so far as it relates to entry 40 in List 
III in the Seventh Schedule to the Constitution of India, or any other law relating to that entry for the 
time being in force.  

43.  Repeal and Saving.— On the date of commencement of this Act, the following Acts shall be 
repealed, namely :—  

(1) the Ancient Monuments Preservation Act, 1904 (VII of 1904), in its application to the 
State of Maharashtra 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;  

(2) the Ancient Monuments Preservation Act (Hyd. VIII of 1337 Fasli), in its application to 
the Hyderabad area of the State of Maharashtra:  

 

                                                   
1  These words were substituted for the words “with fine which may extend to five thousand rupees,” by Mah. 6 of 2025,  

 s. 5(1). 
2  These words were substituted for the words “with fine which may extend to five thousand rupees” by Mah. 6 of 2025,  

 s. 5(2). 
3  These words were substituted for the words “with fine which may extend to five hundred rupees” by Mah. 6 of 2025,  

 s. 5(3).  



1961 : Mah. XII] The Maharashtra Ancient Monuments and 17 

 Archaeological Sites and Remains Act, 1960 

Provided that such repeal shall not affect,—  

(a) the previous operation of any Act so repealed;  

(b) any right, privilege, obligation or liability acquired, accrued or incurred under any 
Act so repealed;  

(c) any penalty, forfeiture or punishment incurred in respect of any offence committed 
against any Act so repealed, or;  

(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 may be instituted, continued or enforced and any 
such penalty, forfeiture or punishment may be imposed, as if this Act had not come into 
force:  

Provided further that, subject to the preceding proviso and section 3, anything done or any action 
taken (including any appointment or delegation made, notification, declaration, direction or order 
issued, rule or form framed, sanction, permission or licence granted or agreement executed) under any 
Act repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have 
been done or taken under the corresponding provisions of this Act, and shall continue to be in force 
accordingly, unless and until superseded by anything done or any action taken under this Act.  

44.  Act not applicable to ancient monuments, etc., of national importance.— (1) Nothing in 
this Act shall apply to ancient and historical monuments, or archaeological sites or remains, declared 
by or under any law made by Parliament to be of national importance, or to any antiquities to which the 
Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), applies.  

(2) Where any ancient and historical 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 
area for the purposes of this Act.