2.41 Excavations in protected areas:
2.41.1 Bare Act Provision:
ARCHAEOLOGICAL EXCAVATIONS
21. Excavations in protected areas.―An archaeological officer or an officer authorised by him in this behalf or any person holding a licence granted in this behalf under this Act (hereinafter referred to as the licensee) may, after giving notice in writing to the Collector and the owner, enter upon and make excavations in any protected area.
Footnote:
1. Ins. by Act 10 of 2010, s. 4 (w.e.f. 16-6-1992).
2.41.2 Excavations in protected areas:
Section 21 of the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, governs excavations in protected areas. An archaeological officer, someone authorized by them, or a person with a license issued under the AMASR Act, can enter a protected area i.e. land around a monument or site declared as nationally important, and conduct excavations. Before doing so, they must send a written notice to the Collector and the owner of the land. This provision ensures that excavations in protected areas are conducted only by qualified or authorized individuals under strict oversight, safeguarding Bharat’s archaeological heritage from unauthorized or harmful digging while respecting property rights through mandatory notifications.
Section 21 of the AMASR Act regulates excavations in protected areas by authorizing qualified individuals and requiring landowner notification, ensuring controlled archaeological work. However, ambiguities in notice requirements, lack of stakeholder consultation, absence of oversight mechanisms, and potential resource constraints could hinder its implementation.
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