Madras Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1966
The Madras Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1966 was enacted by the Legislature of the State of Madras, received the President's assent on 31 January 1967, and was published in The Fort St. George Gazette on 11 February 1967. It provides for protecting ancient monuments and archaeological sites that are not of national importance, regulating archaeological excavations, and protecting antiquities such as sculptures and carvings.
What the Act covers
The Madras Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1966 applies throughout the State of Madras and comes into force on a date appointed by the State Government through notification. It covers monuments and archaeological sites of historical, archaeological or artistic interest that have existed for at least one hundred years, except those declared under Parliamentary law to be of national importance.
An ancient monument can include its remains, site, adjoining land needed for preservation, gardens, access and space for convenient inspection. An archaeological site can include adjoining land needed for preservation and the means of access.
Declaration of protected property
The State Government may declare an ancient monument to be a protected monument or an archaeological site and remains to be a protected area. The process includes:
- A notification giving two months' notice of the proposed declaration.
- Display of a copy of the notification near the monument or site.
- A right for any interested person to object within two months.
- Consideration of objections before the final declaration is notified.
- Final status continuing until the notification is withdrawn.
Effects on owners and buyers
The Madras Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1966 allows the Director of Archaeology, with State Government sanction, to purchase, lease, accept as a gift or accept a bequest of a protected monument. The Director may also assume guardianship of an ownerless protected monument or accept guardianship from an owner.
An owner may retain the same estate, title and interest after giving guardianship, subject to the Act. Customary religious observances at a protected monument are not affected by the guardianship provisions.
A preservation agreement with the State Government may address:
- Maintenance, custody and watching of the monument.
- Restrictions on use, entry fees, alteration, destruction or building near the site.
- Public and official access for inspection or maintenance.
- Notice when the monument land or adjoining land is offered for sale.
- A State Government right to purchase specified land at market value.
- Maintenance expenses and rights arising from government expenditure.
Such an agreement can bind later owners who claim through the person who signed it. A buyer should therefore check whether a property is notified as protected, is subject to guardianship, or has a preservation agreement before purchase.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Can I object if my property is proposed as a protected monument or protected area?
Yes. An interested person may object within two months after the notification proposing the declaration is issued, and the State Government must consider objections before making a final declaration.
Does protected status automatically transfer ownership to the State Government?
No. The Act allows purchase, lease, gift, bequest or guardianship, but an owner who gives guardianship generally retains the same estate, title and interest, subject to the Act.
Can restrictions apply to construction near a protected monument?
Yes. A preservation agreement may restrict the owner's right to build on or near the monument site.
Will a preservation agreement affect a later buyer?
It may. An agreement can bind a person who later claims ownership through the owner who executed it.
