The Tamilnadu Ancient and Historical Monuments and Archaeological Sites and Remains Rules, 1971

What the rules govern

The Tamilnadu Ancient and Historical Monuments and Archaeological Sites and Remains Rules, 1971 apply to protected monuments, protected areas, and areas near or adjoining protected monuments that the Government declares prohibited or regulated for construction, mining operations, or both.

For these purposes, construction includes a new structure as well as additions or alterations to an existing building. Mining operations include searching for or obtaining minerals, quarrying, excavating, blasting, and similar work.

Property and development implications

The Tamilnadu Ancient and Historical Monuments and Archaeological Sites and Remains Rules, 1971 require an application for permission to construct within a protected area.

Key requirements include:

• The application must be made in Form V.
• It must be addressed to the Secretary to the Government in the department dealing with ancient and historical monuments and archaeological sites and remains.
• It must normally be submitted at least three months before construction, operation, or utilisation begins.
• The Government may accept a later application before work begins if the applicant had sufficient cause for the delay.

A buyer, owner, developer, quarry operator, or professional planning work near a protected monument should therefore establish whether the land is within a protected, prohibited, or regulated area.

Access and conduct at monuments

The Tamilnadu Ancient and Historical Monuments and Archaeological Sites and Remains Rules, 1971 allow access to some monuments according to an agreement with the owner or a Government order. Other protected monuments generally remain open from sunrise to sunset unless scheduled hours, permanent restrictions, or temporary closures apply.

The rules also provide that:

• Government permission is required for meetings, receptions, parties, conferences, or entertainment, unless established custom and usage allows the activity.
• Damaging a monument, discharging firearms, unauthorised selling, advertising, paid guiding, begging, and bringing animals or vehicles into unauthorised areas are prohibited.
• Cooking and eating are allowed only in permitted areas.
• Selling goods and providing paid guiding services require licences from the Director.

Archaeological excavation

The Tamilnadu Ancient and Historical Monuments and Archaeological Sites and Remains Rules, 1971 prohibit archaeological excavation in a protected area without a licence, except where the work is done by an archaeological officer or an authorised officer.

An application must normally be made to the Director at least three months before excavation begins. A licence application must include a non-refundable fee of Rs.10, and the Director may require security up to Rs.10,000. Excavated structures and antiquities must be protected, and chemical or electrolytic cleaning requires written permission from the Director.