Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Chapter 6
Delhi Ancient , Historical Monuments, Archaeological Sites, Remains Act 2004
Chapter 1

Short title, extent and commencement.

1.

(1)

This Act may be called the Delhi Ancient and Historical Monuments and Archaeological Sites and Remains Act, 2004.



(2)

It extends to the whole of the National Capital Territory of Delhi.



(3)

It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.

Definitions.

2.


In this Act, unless the context otherwise requires -



(a)

“ancient 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 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 ancient monument; and




(iv) the means of access to, and convenient inspection of, an ancient monument;



(b)

“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 convenient inspection of, the area;



(c)

“Director” means the Director of Archaeology of the Government of National Capital Territory of Delhi and includes any other officer authorized by the Government to exercise the powers and to perform all or any of the functions of the Director prescribed by or under this Act;



(d)

“Government” means the Lieutenant Governor of the National Capital Territory of Delhi appointed by the President under article 239 and designated as such under article 239AA of the Constitution;



(e)

“local authority” means the Municipal Corporation of Delhi, the New Delhi Municipal Council, the Delhi Cantonment Board and the Delhi Development Authority and includes a Gaon Panchayat established under section 151 of the Delhi Land Reforms Act, 1954 (Delhi Act 8 of 1954);



(f)

“maintain” with its grammatical variations and cognate expressions, includes fencing, covering in, repairing, restoring and cleaning of a protected monument and the doing of any act which may be necessary for the purpose of maintaining a protected monument or of securing convenient access thereto;



(g)

“non-living” used in relation to a monument or site means a monument or site which is not being used for any religious or social ceremony, rite, worship or prayer at the time of its declaration as a protected monument or site;



(h)

“owner” includes -




(i) a joint owner vested with powers of management on behalf of himself and other joint owners and the successors in-title of any such owner; and




(ii) a manager or trustee, not being the owner, who has been entrusted with the custody and management of a monument or site and the successor-in-office of any such manager or trustee;



(i)

“prescribed” means prescribed by the rules made under this Act;



(j)

“protected area” means any archaeological site and remains which is declared to be a protected area under this Act;



(k)

“protected monument” means a monument which is declared to be a protected monument under this Act;



(l)

“unauthorized occupation” means the occupation by any person of the monument or archaeological site and remains without authority for such occupation, and includes the continuance in occupation by any person of the monument or archaeological site and remains after the authority under which he was allowed to occupy the premises has expired or has been terminated for any reason whatsoever.

Application of the Act.

3.


Nothing in this Act shall apply to protected areas and protected monuments as defined in clauses (i) and (j) respectively of section 2 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (Central Act 24 of 1958).

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Last Updated : 18 Oct,2019