Acts and Rules
Background
During 18th century, the British officers and individuals began to ship away the enormous antiquarian wealth of India. There was no control over this vandalism. Realising the immeasurable and irreparable loss of cultural heritage of India, few of those enlightened administrators began to realise the need for enactment to safeguard the material cultural heritage of India. As a result the Bengal Regulation XIX of 1810 was passed. This is the first attempt to protect the antiquarian wealth of India. This was soon followed the Madras Regulation VII of 1817. Both these regulations vested the Government with a power to intervene whenever the public buildings were under threat of misuse.
However, both the Acts were silent on the buildings under the private ownership. The Act XX of 1863 was therefore enacted to empower the Government to prevent injury to and preserve buildings remarkable for their antiquity or for their historical or architectural value.
Promulgated to protect and preserve treasure found accidentally but had the archaeological and historical value. This Act was enacted to protect and preserve such treasures and their lawful disposal.
In a landmark development in 1886, James Burgess, the then Director General succeeded in prevailing upon the Government for issuing directions: forbidding any person or agency to undertake excavation without prior consent of the Archaeological Survey and debarring officers from disposing of antiquities found or acquired without the permission of the Government.
Protection of Built Heritage
Lord Curzon was instrumental in enacting this Act. It provided effective authority over the preservation of monuments particularly those under the custody of individual or private ownership. As this Act has not been repealed, it is deemed to be in force.
In 1951, The Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951 (No LXXI of 1951) was enacted. Consequently, all the ancient and historical monuments and archaeological sites and remains protected earlier were re-declared as monuments and archaeological sites of national importance under this Act. Another four hundred and fifty monuments and sites of Part 'B' States were also added.
Enacted on 28th August 1958. This Act provides for the preservation of ancient and historical monuments and archaeological sites and remains of national importance, for the regulation of archaeological excavations and for the protection of sculptures, carvings and other like objects.
The Ancient Monuments and Archaeological Sites and Remains Rules 1959 were framed under the 1958 Act. The Act along with Rules came into force with effect from 15 October 1959.
Amended in 2010 to provide for the creation of a National Monument Authority and appointment of state level Competent Authorities to regulate constructional activities in regulated and prohibited areas around protected monuments. Punishment for offences was made more stringent.
Protection of Movable Antiquities
The Antiquities Export Control Act, 1947 (Act No. XXXI of 1947) and Rules thereto provided a regulation over the export of antiquities under a licence issued by the Director General and empowering him to decide whether any article, object or thing is or is not an antiquity.
Enacted on 9th September 1972 for effective control over the moveable cultural property consisting of antiquities and art treasures. The Act regulates export trade in antiquities and art treasures and provides for prevention of smuggling and fraudulent dealings.
Supplementary rules framed under the 1972 Act. This legislation repealed The Antiquities Export Control Act, 1947 (Act No. XXXI of 1947).