Frequently Asked Questions for: Ancient Monuments

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Q. What is an ancient monument?
Ans. In the AMASR Act, 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 provided it has been in existence for not less than one hundred years. Definition of monument in the Act also includes the remains or the site of an ancient monument. Not only that the portion of land adjoining the site of an ancient monument which may be required for fencing or covering in or otherwise preserving such monument, and the means of access to the monument are also termed as ancient monument.

Q. How a monument is declared protected? 
Ans. Where the Central Government is of opinion that any ancient monument is of national importance it issues a notification (preliminary) in the Official Gazette, of its intention to declare such ancient monument to be of national importance. A copy of every such notification shall be affixed in a conspicuous place near the monument. The notification gives two months' notice. After the issue of the notification, any person, who may be, interested in any such ancient monument may, object to the declaration within two months. After considering the objections, received during this period, the Central Government may declare the ancient monument to be of national importance by publishing the notification (final) in the Official Gazette. A notification published under section 4 (3) makes the ancient monument to be of national importance for the purposes of this Act.

Archaeological Sites and Remains

Q. What does archaeological site and remains means? 
Ans. In the AMASR Act, 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. The portion of land adjoining the area which may be required for fencing or covering in or otherwise preserving the site and remains and the means of access to, are also included in archaeological site and remains.

Q. What does a protected area means?
Ans. Any archaeological site and remains which is declared to be of national importance by or under this Act is called protected area. All archaeological sites and remains which have been declared by the Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951, or by section 126 of the States Reorganization Act, 1956 to be of national importance shall also be deemed to be protected areas for the purposes of this Act.

Q. What is the difference between a protected area and a protected monument? 
Ans. When any archaeological site and remains is declared to be of national importance it is called protected area whereas an ancient monument when declared to be of national importance is called protected monument.

Q. How an archaeological site and remains is declared protected? 
Ans. Where the Central Government is of opinion that any archaeological site and remains is of national importance it issues a notification (preliminary) in the Official Gazette, of its intention to declare such archaeological site and remains to be of national importance. A copy of every such notification shall be affixed in a conspicuous place near the archaeological site and remains. The notification gives two months' notice. After the issue of the notification, any person, who may be, interested in any such archaeological site and remains may, object to the declaration within two months. After considering the objections, received during this period, the Central Government may declare the archaeological site and remains to be of national importance by publishing the notification (final) in the Official Gazette. A notification published under section 4 (3) makes the archaeological site and remains to be of national importance for the purposes of this Act.

Q. What if any construction is made in a protected area without the permission of the Central Government? 
Ans. The Central Government may, by order, direct that any building constructed by any person within a protected area in contravention of the provisions of this act 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 the cost of such removal.

Q. What if the owner or occupier of a protected area misuse or utilise such area or any part thereof in any other manner without the permission of the Central Government? 
Ans. No person, including the owner or occupier of a protected area, shall utilise protected area or any part thereof in any other manner without the permission of the Central Government whoever contravene it shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five thousand rupees, or with both.

Protected Monuments


Q. What does a protected monument means? 
Ans. An ancient monument which is declared to be of national importance by or under this act is called protected monument. All ancient and historical monuments which have been declared by the Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951, or by section 126 of the States Reorganisation Act, 1956 to be of national importance shall also be deemed to be protected monuments for the purposes of this Act.

Q. Can Government acquire a protected monument? 
Ans. If the Central 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 as if the maintenance of the protected monument were a public purpose within the meaning of that Act.

Q. Can anybody contribute for the maintenance of protected monuments? 
Ans. The Director-General may receive voluntary contributions towards the costs of maintaining a protected monument and may give orders as to the management and application of any funds so received by him.The contribution received under this section should be applied for the purpose for which it was contributed.

Q. Is there any provision for the places of worship? 
Ans. The protected monument maintained by the Central Government under this Act which is a place of worship or shrine shall not be used for any purpose inconsistent with its character. Where the Central Government has acquired a protected monument under section 13, or where the Director-General 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. Any other action as may be necessary.

Q. What if some one destroys, removes, injures, alters, defaces or imperils a protected monument? 
Ans. Whoever destroys, removes, injures, alters, defaces or imperils a protected monument shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five thousand rupees, or with both.

Q. What if some one misuses a protected monument? 
Ans. Whoever misuses a protected monument shall be punishable with imprisonment which may extend to three months, or with fine which may extend to 5000 Rupees, or with both.

Q. Is destroying a protected monument, a cognizable offence? 
Ans. Destroying, removing, injuring, altering, defacing, imperiling or misusing a protected monument or removing from a protected monument any sculpture, carving, image, bas relief, inscription, or other like object shall be deemed to be a cognizable offence within the meaning of the Code of Criminal Procedure, 1898.

Q. Can any meeting, reception, party, conference or entertainment be held in any protected monument? 
Ans. No protected monuments shall be used for the purpose of holding any meeting, reception, party, conference or entertainment. However there is provision to hold such events only under and in accordance with permission in writing granted by the Central Government. There is no restriction to any meeting, reception, party, conference or entertainment which is held in pursuance of a recognised religious usage or custom.

 Opening / Entrance Fee of Monuments


Q. What is the opening time of protected monuments? 
Ans. The protected monuments specified in the First Schedule shall remain open during the hours specified against them in that Schedule. Protected monuments for which any agreement is made between owner and the Central Government under section 6 or if any order is made under section 9, will open as per the condition in the agreement of the order. All other monuments shall remain open from sunrise to sunset for public.

Q. Are there different categories among the monuments of national importance? 
Ans. All the monuments declared to be of national importance are of equal importance. However, for the purpose of entree fee protected monuments have been classified in two categories. Those which are declared as World Heritage properties by UNESCO are kept in category A where as other monuments where entree fee is charged are classified as category B monuments.

Q. What is the present fee structure? 
Ans. Persons above the age of fifteen years need to pay an entrance fee for the entree in protected monuments.

 Photography of Monuments


Q. What is copying? 
Ans. Copying, together with its grammatical variations and cognate expressions, means the preparation of copies by drawing or by photography or by mould or by squeezing and includes the preparation of a cinematographic film and video film with the aid of a hand camera which is capable of taking films of not more than eight millimeters and which does not require the use of a stand or involve any special previous arrangement.

Q. Can one take photographs of protected monuments? 
Ans. One can take photograph of any protected monument. One is not authorize to bring camera stand, extra lights, or any such appliance

Q. Who can grant permission for photography in monuments? 
Ans. One can use camera stand, artificial lights or any such appliance with the permission granted by an archaeological officer in writing.

 Filming in Protected Monuments 


Q. Is videography is permitted in protected monuments? 
Ans. One can undertake video filming from exterior of a protected monument provided it is for non-commercial purpose and does not involve any cast and use of a stand or in any way interfere with customary and religious practices and work.For undertaking video filming in the monuments which are specified in the Second Schedule and where entrance fee is charged video-filming shall be permitted on payment of Rs. 25/-.

Q. Is filming permitted in the protected monuments? 
Ans. No person other than archaeological officer shall undertake any filming operation at a protected monument or part thereof except under and in accordance with the terms and conditions of licence granted by the Director-General.

Q. Who can grant permission for Filming operation in monuments under Agra  Circle?
Ans. The Superintending Archaeologist, Archaeological Survey of India, Agra Circle is the authorized archaeological officer to issue permission for filming operation in the protected monuments of Agra Circle.

Q. What is the procedure to apply for filming operation & to get licence for filming? 
Ans. Any person intending to undertake any filming operation at a protected monument shall apply to the to the Superintending Archaeologist, ASI, Agra Circle in the prescribed Form i.e. Form-IX.. List of crew members, list of equipments, script of the film, licence fee in the form of Bank Draft in favour of Superintending Archaeologist, Archaeological Survey of India payable at Agra should be enclosed with the application form. If the applicant is a foreigner, then NOC from Ministry of External Affairs, Govt. of India is to be enclosed.The  Superintending Archaeologist on behalf of Director-General may grant a licence on payment of prescribed licence  fee of Rs. 5,000 (rupees five thousand) per day per monument in case of professionals and other agencies.

Q. What is licence fee for filming operation?
Ans. Rs.5000/- (Indian Rupees Five thousand) per day per monument is the prescribed license at present. If the film iswith Cast, then a bank draft Rs.10000/- (Indian Rupees Ten thousand only) is to be submitted as security deposit. The security deposit is refundable to the applicant after receiving No damage certificate from the In-charge of the monument concern.

Q. What are the general conditions of filming licence? 
Ans. The licence for filming is granted with conditions that –· 

            Activities not permitted in Protected Monuments 


Q. What acts are prohibited within a protected monument? 
Ans. No person shall, within a protected monument, -

Prohibited Area 
Q. What does Prohibited area mean? 
Ans. Prohibited area means an area near or adjoining a protected monument which the Central Government has, by notification in the Official Gazette, declared to be a prohibited area for purposes of mining operation or construction or both.

Q. How much is the prohibited area? 
Ans. The Central Government has declared areas up to 100 meters from the protected limits of all the protected monuments as to be prohibited area for purposes of both mining operation and construction.

Q. Can one construct on the land in a prohibited area? 
Ans. No construction can be made in a prohibited area.

Q. What if some one constructs unauthorized building in prohibited area? 
Ans. The Central Government may, by order, direct the owner or occupier of an unauthorised building in a prohibited area to remove such building within a period specified in that order.If the owner or occupier refuses or fails to comply with such order the Central Government may direct the District Magistrate to remove it and the owner or occupier shall be liable to pay the cost of such removal.

Regulated Area 

Q. What is regulated area? 
Ans. Regulated area means an area near or adjoining a protected monument which the central Government has, by notification in the official gazette, declared to be a regulated area, for purposed of mining operation or construction of both.

Q. How much area around the protected monument is considered the  prohibited &regulated area? 
Ans. The Central Government has declared upto 100 meters from the protected limits to be prohibited area and further beyond it up to 200 meters to be regulated area for purposes of both mining operation and construction.

Q. Can one construct on the land in a regulated area? 
Ans. No person other than an archaeological officer shall undertake any construction in a regulated area, except under and in accordance with the terms and conditions of a licence granted by the Director-General.

Q. How to get licence for undertaking construction or mining operation in a regulated area? 
Ans. Every person intending to undertake any construction or mining operation in a regulated area shall apply to the Director-General in Form VII at least three months before the date of commencement of such operation or construction.

 Activities not permitted in Protected Monuments


Q. What acts are prohibited within a protected monument?
Ans. No person shall, within a protected monument -