Sharma Centre for Heritage EducationSharma Centre for Heritage Education

Research, Education and Legal Issues in India's Cultural Heritage
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Legal Issues Related to Heritage in India

Archaeological Impact Assessment Surveys    Possessing Antiquities   Filming  For Research Scholars

Archaeological Assessment Surveys of Your Property

Is your construction destroying a site? Your property may be located on an ancient site. International norms in most developed countries require an impact assessment survey done for archaeological and environmental heritage to be done prior to construction. Contact us for further advise.

Do you Possess Antiquities?

What is an Antiquity?

The Ancient Monuments and Archaeological Sites and Remains Act 1958 (ACT No. 24 of 1958) defines antiquities as follows: 2.(b) “antiquity” includes.— (i) any coin, sculpture, manuscript, epigraph, or other work of art of craftsmanship, (ii) any article, object or thing detached from a building or cave, (iii) any article, object or thing illustrative of science, art, crafts, literature, religion, customs, morals or politics in bygone ages, (iv) any article, object or thing of historical interest, and (v) any article, object or thing declared by the Central 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 one hundred years;

Have you registered your antiquities?

If you have an antiquity in your possession, or if you have any doubts about this question, you can contact the local archaeological office of your State Government or the Central Government. Ask the registration officer to help you out and get your antiquities registered.

Filming at Protected Monuments

If you are interested in filming within protected monuments you should check out the Ancient Monuments And Archaeological Sites And Remains Rules 1959.

Here are some definitions to understand the terms used.

Definitions 1 b. “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 2[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; c. “filming”, together with its grammatical variations and cognate expressions, means the preparation of a cinematographic film 1[including video film] with the aid of a camera which is capable of taking films of more than eight millimeters and which requires the use of a stand or involves other special previous arrangements

You can check out : The Ancient Monuments and Archaeological Sites and Remains Act 1958 (ACT No. 24 of 1958) {For alternate links you can click on the UNESCO site or access Bare Acts or access other legal sources} The Ancient Monuments and Archaeological Sites and Remains Rules 1959 {or check out other legal sources} Relevant Forms: Form IX - Application for Filming operation in Protected Monuments.

For Research Scholars

Any scholar who is interested in excavating an archaeological site in India, must refer to the following: The Ancient Monuments and Archaeological Sites and Remains Act 1958 (ACT No. 24 of 1958) {For alternate links you can click on the UNESCO site or access Bare Acts or access other legal sources} The Ancient Monuments and Archaeological Sites and Remains Rules 1959 {or check out other legal sources} Form II - Application for Excavation in Protected Area Form VI - Application for moving antiquities.

In order to excavate, one must apply in the correct format to the ASI. The application forms are generally circulated in the month of June or July. Decisions on granting licenses are taken by an expert committee following which applicants are informed of the status of their application. Different rules apply for excavating in protected areas and those which are unprotected, for submitting reports or lists of the antiquities and reports of the excavation, and you can access all the details in the Act. You can refer to the ASI website for further details.

Important Note Foreign Scholars: cannot undertake any excavation or exploration in India (including survey of regions, test-pits, etc.) without due permission from the Archaeological Survey of India and without clearance from the relevant ministries: Here are some useful links: Ministry of External Affairs Ministry of HRD:Higher Education Department: links related to research visa'. 

Do You Know?

Is your company destroying sites?

Do you possess antiquties?

Can you film at protected monuments?

Research norms for foreign archaeologists

 

 

 

Legal Advise

Contact Us for Legal Advise On Archaeological Legislations in India and Implications in terms of Infrastructure Development and Heritge Conservation