Judgment Search Results Home > Cases Phrase: ancient monuments preservation act 1904 repealed repealing act 1 ancient monuments and archaeological sites and remains act 1958 Page 1 of about 115 results (0.353 seconds)

Smt. Gopi Bai Vs. Municipal Corporation of Hyderabad and ors.

Court : Andhra Pradesh

Reported in : AIR2002AP145

..... charminar was declared to be an ancient monument of national importance but subsequently the 1951 act was repealed by the ancient monuments and archaeological sites and remains act, 1958 (for short 'the 1958 act'). ..... section 2(a) of the 1958 act defines the expression 'ancient monument' as under :2(a) 'ancient monument means any structure, erection or monument, or any tumulus or place of interment, or any cave, rock sculpture, inscription or monolity, which, is historical, archaeological or artistic interest and which has been in existence for not less than one hundred years, and includes--(i) the remains of an ancient monument, (ii) the site of an ancient monument, (iii) such portion of land adjoining the site of an ancient monument as may be required for fencing or covering in or otherwise preserving such monument, and(iv) the means of access, to, and convenient inspection of an ancient monument.'7. ..... by virtue of the said power, the central government framed the ancient monuments and archaeological sites and remains rules, 1959 (for short 'the rules'). ..... the 1st act was the ancient monuments preservation act, 1904 and thereafter another enactment was made by the central government namely the ancient and historical monuments act, 1951 (for short 'the 1951 act') by virtue of the 1951 act. .....

Narender Anand and anr. Vs. Ndmc and ors.

Court : Delhi

Reported in : 2003(66)DRJ698

..... ancient monuments preservation act, 1904, shall cease to have effect in relation to ancient and historical monuments and archaeological sites and remains declared by or under this act to be of national importance, except as respects things done or committed to be done before the commencement of this act ..... that by a preliminary notification dated 3rd may, 1957, the central government declared jantar mantar complex comprising of an area of 5.39 acres as a protected monument under the ancient monuments preservation act, 1904 (for short 'the act'). ..... ancient monument and archaeological sites and remains act, 1958 was ..... , 1959 which is material, reads thus:-'39(1) the ancient and historical monuments and archaeological sites and remains (declaration of national importance) act, 1951, and section 126 of the states reorganisation act, 1956, are hereby repealed ..... notification dated 3rd may, 1957 and notification dated 8th january, 1958 issued under the act of 1904 have been saved by said ..... section 39 of ancient monuments and archaeological sites and remains act, 1958 which came into ..... draft notification was not published in gazette as required by section, the same was ineffective and reference thereof in the notification issued under section 3(3) dated 8th january, 1958 was of no consequence ..... part of submission, it was urged that in the notification dated 8th january, 1958 there is reference to the notification dated 3rd ..... notification dated 8th january, 1958, this preliminary notification was .....

Joseph Pothen Vs. State of Kerala

Court : Supreme Court of India

Reported in : AIR1965SC1514; 1965(0)KLT633(SC); [1965]2SCR868

..... ancient monuments preservation act, 1904, in the year 1951 to kerala, as the said act covered the same field occupied by the state act, or at any rate the said regulation was impliedly repealed by the ancient and historical monuments and archaeological sites and remains (declaration of national importance) act, 1951 (act lxxi of 1951) and the ancient and historical monuments and archaeological sites and remains act, 1958 (act xxiv of 1958 ..... necessary to express our opinion on the question whether the definition is comprehensive enough to take in an archaeological site or remains, and whether the acts apply to both ancient monuments strictly so called and to archaeological site or remains. ..... of the learned counsel may be briefly stated thus : the disputed wall is not an ancient monument, but an archaeological site or remains; the said matter is covered by entry 40 of the concurrent list (list iii) of the seventh schedule to the constitution; when act vii of 1904 was extended by part b states (laws) act iii of 1951 to the travancore area, it occupied practically the entire field covered by the state act and, therefore, the latter act was impliedly repeated by the former act. 14. ..... act is the ancient monuments and archaeological sites and remains act, 1958 (act xxiv of 1958) ..... learned counsel for the petitioner call in aid the ancient and historical monuments and archaeological sites and remains (declaration of national importance) act, 1951 (act lxxi of 1951), to sustain his argument. .....

Khokra Kot Residents Sewa Samiti, Chahal Farm House, Through Its Presi ...

Court : Punjab and Haryana

..... the ancient monuments preservation act, 1904 (7 of 1904), shall cease to have effect in relation to ancient and historical monuments and archaeological sites and remains declared by or under this act to be of national importance, except as respects things done or omitted to be done before the commencement of this act. ..... the ancient and historical monuments and archaeological sites and remains (declaration of national importance) act, 1951 (71 of 1951), and section 126 of the states reorganization act, 1956 (37 of 1956), are hereby repealed. ..... petition is at the instance of a society formed by the residents of khokra kot challenging the notices issued by the archaeological survey of india, arrayed as the 2nd respondent, calling upon the addressees to remove the constructions put up on the property under section 19 of the ancient monuments and archaeological sites and remains act, 1958 (hereinafter called, 'the 1958 act'). ..... definition of protected area: under section 2(i) of the 1958 act is reproduced:- protected area means any archaeological site and remains which is declared to be of national importance by or under this act. ..... act of 1904 and act of 1958-effect of repeal provision and the respective areas of operations ..... can be noticed that while the 1958 act specifically repealed the 1951 act and section 126 of the state reorganization act, as regards the 1904 act, it preserves the continuance of acts done or omitted to be done under the 1904 act before the commencement of 1958 act. .....

The Universe and anr. Vs. Government of Orissa and ors.

Court : Orissa

Reported in : AIR2003Ori139; 2003(I)OLR426

..... the barabati fort is an ancient monument as defined under the ancient monuments and archaeological sites and remains act, 1958 and a protected monument as notified under section 3 of the ancient monuments preservation act, 1904. ..... action of the club in making constructions totally inconsistent with the notification of the site as an ancient monument and militating against the ethos of the historical constructions existing therein.in the absence of any material forthcoming on the side of the club, it is clear that most of the constructions put up by it are in clear violation of the covenants in the lease deed and also against the terms of the notification issued under the ancient monuments preservation act and the purpose sought to be achieved by the ancient monuments and archaeological site and remains act, 1958 enacted by the state. ..... even before the coming into force of the remains act, the state legislature enacted the orissa ancient monuments preservation act, 1956 with the object of preservation of ancient monuments and objects of archaeological, historical or artistic interests in the state of orissa. ..... nothing was also done even after the enactment of section 126 of the states reorganisation act, 1956 or after the coming into force of the ancient monuments and archaeological sites and remains act, 1958 (hereinafter called the 'remains act') which repealed section 126 of the states reorganisation act. .....

Rajam Chemicals Vs. Chairman Tangedco

Court : Chennai

..... ancient monuments preservation act,1904, shall cease to have effect in relation to ancient and historical monuments and archaelogical sites and remains declared by or under the the ancient monuments and archaelogical sites and remains act,1958 (act 24 of 1958) to be of national importance except as respects things done or omitted to be done before the commencement of this ..... . in exercise of the powers conferred by sub-section (1) of section 3 of the ancient monuments preservation act,1904, the government of india declared the ancient monuments situated in survey no.56 of parvettai malai poramboke (kallanguttu) and survey no.63 of chori malai poramboke in chengleput, saidapet taluk, v.no.158 (old no.240) pallavaram zamindari, as "megalithic cairns and cists" and sites of national importance vide gazette of india, dated 24.08.1946, in not f.39-6/45-g, dated 13.08.1946, after issuing ..... shall be made in or entertained by any court, tribunal or other authority solely on the ground that the central government or the director general did not take into consideration any of the provisions of the ancient monuments and archaeological sites and remains act, 1958 (24 of 1958), as amended by the ancient monuments and archaeological sites and remains (amendment and validation) act, 2010, in granting any permission or licence for the purpose of carrying out any mining or repair, renovation or construction work in a prohibited area or a regulated area at any time between the ..... repeals .....

Municipal Corporation of Hyderabad and ors. Vs. Gopi Bai and ors.

Court : Andhra Pradesh

Reported in : 2004(2)ALD445; 2004(2)ALT773

..... thereafter, the ancient monuments and archaeological sites and remains act, 1958 came into effect with the object of providing preservation of ancient and historical monuments and archaeological sites and remains of national importance ..... very object of passing 1958 act is to provide 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. ..... 3 of the 1958 act declares that all ancient and historical monuments and 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 reorganisation act, 1956 to be of national importance shall be deemed to be ancient and historical monuments or archaeological sites and remains declared to be of national importance for the purpose of this act. ..... the first act to be passed to preserve and protect the ancient and historical monuments is the ancient monuments preservation act, 1904, which provides inter alia for the preservation of the ancient monuments and objects of archaeological, historical of artistic interest ..... though the said act under which charminar is declared as protected monument is repealed, but by virtue of section 3 of 1958 act charminar continued to be ancient and historical monument of national importance .....

Shri Ashok Kumar Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 111(2004)DLT230; 2004(74)DRJ144

..... thereafter in 1959 the ancient monuments and archaeological sites and remains act, 1958 (hereinafter referred to as the said act), came into force. ..... 'ancient monument' and 'protected monument' were defined in section 2(a) and 2(j) of the act as under'-'2(a) '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 and which has been in exercise for not less than one hundred years, and includes_ i) the remains of an ancient monument,ii) the site of an ancient monument,iii) such portion of land adjoining the site of an ancient monument as may be required for fencing or covering in or otherwise preserving such monument, andiv) the means of access to, and convenient inspection of an ancient monument;' '2(j)__ 'protected monument' means an ancient monument which ..... the structures of these monuments are estimated to have been built around the 15/16th century ad and are more than 400 years old.3 the law makers were not oblivious to the importance of preservation of such monuments and, thus, the ancient monuments preservation act, 1904 was brought into force to provide for preservation of ancient monuments and all objects of archaeological, historical or artistic interest. .....

Bharat Varshiya Digambar JaIn Tirth Kshetriya Committee Through Its Pr ...

Court : Jharkhand

Reported in : [2004(3)JCR474(Jhr)]

..... before attempting the resolution of the dispute arising in these cases, it appears to us at the outset that the question whether these discoveries will come within the ancient monuments preservation act, 1904, statuettes being objects of archaeological, historical or artistic interests or under the ancient monuments and archaeological sites and remains act, 1958 or the bihar ancient monuments and archaeological sites remains and art treasures act, 1976, is also a question that may arise for consideration. ..... it was a case where he had only started the proceedings and had passed an interim order for the custody and preservation of the statuettes, or the treasures, coming within the purview of the act, or the objects of archaeological, historical or artistic interest, possibly coming under the other relevant enactments as referred to by us earlier. ..... thus, on the whole, we are satisfied that the circle officer or the anchal adhikari should take all the statuettes recovered from the site in question, into custody for preserving them in a sealed box and to preserve the sealed box in the government treasury as ordered by the collector. ..... it appears to us that the order passed by the collector was clearly consistent with the object sought to be achieved by the treasure trove act and consistent with the need for preservation and protection of the statuettes excavated, until a decision was taken on the question. .....

Delhi State Bharat Scouts and Guides Vs. Land and Development Office

Court : Delhi

..... the asi requested the moud for transfer of the land measuring 9.86 acres to them in accordance with the provisions of the ancient monuments and archaeological sites and remains act, 1958 (amasr act). ..... " clause 2(8) of the lease deed acknowledged that on the leased land there were certain monuments which were protected monuments within the meaning of the ancient monuments preservation act, 1904. ..... , delhi state bharat scouts and guides, a society registered under the societies registration act, 1860 and affiliated to the bharat scouts and guides, challenges the action of the respondent land and development office (l&do;) in the ministry of urban development (moud), union of india in cancelling the lease in its favour in respect of land measuring 9.86 acres at nizamuddin east (hereafter the premises in question), ordering re-entry therein and thereafter re-allotting the premises in question to the archaeological survey of india (asi), respondent ..... further, he states that the petitioner will not be opposed to giving up such of the area which is required for preservation of the two monuments located within the property in question.2. ..... the above developments have also to be seen in light of the explanation given by the l&do; in its counter affidavit of the need to preserve the entire area surrounding the humayuns tomb free from encroachment and misuse. .....