Court : Chennai
Reported in : 1997(1)CTC331
..... ancient monuments protected under the ancient monuments preservation act, 1904 (central act vii of 1904) and such ancient and historical monuments declared by or under the ancient monuments and archaeological sites and remains act. ..... 1958 (central act xxiv of 1958) to be of national importance and also such ancient monuments and archaeological sites and remains protected under the tamil nadu ancient and historical monuments and archaeological sites and remains act ..... at any time within three years from the date on which such person should have been assessed, serve on such person a notice assessing him to the tax or fee due and demanding payment thereof within fifteen days from the date of such service, and the provisions of this act and the rules made thereunder shall so far as may be apply as if the assessment was made in the half year or year to which the tax or fee relates'. 19 ..... (buildings used for educational purpose including hostels attached thereto and places used for the charitable purpose) of sheltering the destitute or animals, and orphanages, homes and schools for the deaf and dumb, asylum for the aged and fallen women and such similar institutions run purely on philanthropic lines as are approved by the council; ..... when it is not disputed that the hospital run by the appellant was entitled to the benefit of exemption under section 123(e) of the act, unaffected by the proviso, till 31.1.1982, it is not known how the appellant could be denied the benefit of such exemption from .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(4)BomCR577
..... maharashtra ancient monuments & archaeological sites & remains act, 1960 ..... act of legislature of defining heritage structures and precincts does not, in any way, amount to vesting or infusing in the state any special power to further legislature on preservation of structures on the lines, or as per the scheme of the provisions of ancient monuments, archaeological sites and remains etc ..... is extremely difficult to have unanimity on the point as to whether a particular should be retained as heritage structure, more particularly when it is not a case of preservation of ancient monuments and need of preservation is based on objectivity on the test, as would be governed by the definition of ancient monuments, remains or sites etc. ..... 1997]3scr421 .these judgments are the cases directly on the provisions of laws relating to preservation of ancient monuments under the act no. ..... as to preservation of ancient monuments:[i] joseph pothen ..... petitioner submits that the petitioner society is approaching this hon'ble court in public interest and in the interest of proper development and preservation of the heritage and cultural and natural attributes of nagpur city and is filing the present petition in a representative capacity and in the interest of public and specifically residents of nagpur.it is seen that the petitioner-society was constituted in 1997 ..... of 1958 [central enactment], travancore ancient monuments preservation regulation and ancient monuments preservation act no. ..... of 1904 as well said act no. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)ALLMR86; 2008(1)BomCR670
..... in view of this, even in cases where the local planning authority has granted sanction for constructions in ignorance of provisions of the ancient monuments and archaeological sites and remains act, 1958 and the ancient monuments and archaeological sites and remains rules, 1959 and the notification dated 16.6.92 published by the department of culture (archaeological, survey of india), new delhi, the said construction will be an unauthorised construction. ..... it has been expressed that land around the monument which falls in the prohibited area does not belong to asi and is owned by private individuals and other agencies and that the ancient monuments and archaeological sites and remains act, 1958 does not enable the asi to remove illegal constructions in prohibited area and that such provisions are only available under sub-section (2) of section 19 of the said act which relate to removal of constructions from prohibited area only.3. ..... the ancient monuments and archaeological sites and remains act, 1958 and the rules framed therein i.e. ..... the ancient monuments and archaeological sites and remains rules, 1959. ..... the learned additional solicitor general after seeking instruction from the officials of the asi who are present in court makes a statement that the asi has sufficient funds to safeguard the monuments by fencing the precincts of the monuments and also carry out necessary repairs so as to preserve the structures. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC3751; (2001)1GLR434; 2000(7)SCALE34; (2000)10SCC664; [2000]Supp4SCR94
..... according to the state of gujarat, the ancient monuments and archaeological sites and remains act, 1958 charged the central and/or state department of archaeology with responsibility for the protection of important cultural sites. ..... * steps taken for preserving archaeological and historical monuments. ..... act, sites were classified into three categories as follows:type 1: monuments of national importance which are protected by the central government; type 2: monuments of religious or cultural importance which are protected by the state government; andtype 3: monuments which are neither centrally nor state protected, but which are considered to be an important part of cultural heritage.under the same law, authorities charged with the protection of the monuments are permitted to take suitable measures to ensure the preservation of any protected site ..... '' apart from some selected cases where the uniqueness of the natural resources, like wildlife, flora and genetic pool, which demanded exclusive earmarking of a given region for their specific use, the majority of cases did not call for a choice between development projects and preservation of the natural environment; but in all cases there was great need to consider the environmental aspects along with dither feasibility considerations. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(4)ALLMR510; 2001(1)BomCR261; [2001]247ITR609(Bom)
..... peninsular piece of land are situated the ruins of an ancient portuguese fort known as the bandra fort, which fort has been declared a protected monument under section 4(3) of the maharashtra ancient monuments and archaeological act, 1960 (mah. ..... projects for the betterment of the conditions of living of the people on the one hand and the necessity for preservation of social and ecological balances, avoidance of deforestation and maintenance of purity of the atmosphere and water free from pollution on the other in the light of various factual, technical and other aspects that may be brought to its notice by various bodies of laymen, experts and public workers and strike a just balance between these two conflicting objectives. ..... letter dated november 30, 1981, the government of india had stated that the department of environment, government of india, had sought for detailed information of the present status of the bandra land's end's developmental activity and that there was no implied directive to hold up any action proposed by the state government on any pending* issue, that it has been brought to the government's notice by enjay estate private limited that construction ..... by another general body resolution passed on march 14, 1974, the garden and in return the sixth respondent was left free to develop the remaining plot without any claim on floor space index of the surrendered 7,000 square yards ..... similarly, section 45 of the gift-tax act, 1958, provides that no gift-tax will be .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)
..... v. the queen - 95 c.l.r.529 the privy council dismissed appeals against an order of the high court of australia which declared certain provisions of the conciliation and arbitration act 1904-1952 as ultra vires and invalid, notwithstanding that such provisions had not been challenged 'for a quarter of a century' and in a series of cases it was assumed without question that such provisions were ..... the public interest in the reservation and preservation of open spaces for parks and play grounds cannot be sacrificed by leasing or selling such sites to private persons for conversion to some other ..... (b) it is submitted that the government was conscious of the fact that unless the dcr 58 was amended to make it more attractive for the owner of the mill land, the assets of the sick or closed mills would remain idle and would not be brought in for development in which case no land at all would be made available for open space or for public ..... according to him, the individual affidavits filed by ntc, mill owners and the recognized textile workers union set out the relevant facts and figures and the monumental 'public-debt burden' that the textile mills are labouring ..... section of a statute has been substituted by a new one, it may well be that upon the old section the argument on behalf of one of the parties would have had more force, but the court had to interpret the act as if presently stood and they cannot attribute to the particular section a meaning based on the reading of the repealed .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1966Bom70; (1965)67BOMLR234
..... 'to declare that he right to move any court for the enforcement of such the rights conferred by part iii as may be mentioned in the order and all proceedings pending in any court for the which the shall informants of the right mentioned shall remain suspended for the period during which the proclamation of the is force or of such shorter period a may be specified i note orders' it is a ..... lordship the function of sub = section 2 is merely in illustrative of alone the rule maing power is conferred by the sub -section 1, opening sentence of sub - section to the in the which was authorised of by and made under sub - section 1 the provisions 1,as indeed in expressly stated by the words 'without prejudice to the generality of the power conferred by sub - section 1'.it would be once be evident that these observation of ..... express recital that it appears to his majesty to be necessary or expedient for the purposes mentioned to make this particular regulaions, but a as a matters of construction of the order i am clear (and i do not think the anyone i nthe course of these proceedings has throw any doubt on the propostion) that it show plainly that it did appears to his majesty to necessary or expedient to ..... act shall remain in force during the period of operation of the proclamation of emergency issued on the 26th october 1962, and for ..... that as the matter of the fact, the privy council in rosscluni's case [1958] 1 wlr 546 did coem to the related to the purpose described in s ..... ancient .....
Tag this Judgment!Court : Delhi
Reported in : 118(2005)DLT418; 2005(81)DRJ238
..... advocate, submitted that rule 8(d) of the ancient monuments and archaeological sites remains rules, 1959, hereinafter referred to as the amsr rules, did not provide any statutory basis or power to restrict carrying on the trade and profession of tourist guides. ..... that section 18 of the ancient monuments and archaeological sites and remains act, 1958, hereinafter referred to as the 'act' , dealt with the right of access to the protected monument. ..... level tourist guides may be summarized as under:-stage i: screening of persons, as per qualifications criteria provided in the proposed amended guidelines.stage ii: eligible persons to appear in an entrance examination/ screening test comprising a written test and interview.stage iii: those who qualify the entrance/screening test to be given a training course nomenclature as orientation/training programme at the expense of union of india.stage iv: after completion of orientation programme, the participants would be ..... a) minimum: graduate of a recognized university, or three year degree holder in tourism/hospitality from a recognised university/institute, or diploma in archaeology from the institute of archaeology under the archaeological survey of india, new delhi of from any other recognised institution/university.b) fluency in english language is essential.c) candidates proficient in any foreign language other than english and having sound knowledge of history and culture will be given preference. ..... preservation and protection of monuments. .....
Tag this Judgment!Court : Delhi
Reported in : 159(2009)DLT326
..... union of india : air2003sc3863 will also have no application which essentially deals with the challenge to the purported prohibition under the provisions of the ancient monuments and archaeological sites and remains act, 1958 and the rules made thereunder on the right of a person to seek renewal of his licence to act as 'approved guides' after the age of 60 years. ..... his right to appear as an authorised representative is hit by insertion of the impugned provision itself answers the issue that the fact that no amendment has been made to section 146a of the customs act and the rules framed thereunder or even in section 35q of the excise act and the rules framed thereunder, in no way impinges upon the legal efficacy of the impugned provision, since the prohibition is with respect to the right of appearance before a forum by any person ..... this led to the recommendation for repeal of cerat act, which was eventually brought about in 2004.13. ..... an exercise which started with enactment of cerat act in 1986 was given a complete go-by by the repeal of the statute in 2004. ..... abhichandani, who recommended that the provisions of section 11(c) in the repealed cerat act should be brought into force immediately. ..... the ostensible reason for repeal was the judgment of the supreme court in the case of l. ..... but the repeal of 2004 did something more it threw the baby with the bath water. ..... the salutary provision, such as section 11(c) was also repealed. .....
Tag this Judgment!