AMASRA: 2.58 Section 35. Ancient monuments, etc., which have ceased to be of national importance.

2.58 Ancient monuments, etc., which have ceased to be of national importance:

2.58.1 Bare Act Provision:

35. Ancient monuments, etc., which have ceased to be of national importance.―If the Central Government is of opinion that any ancient and historical monument or archaeological site and remains declared to be of national importance by or under this Act has ceased to be of national importance, it may, by notification in the Official Gazette, declare that the ancient and historical monument or archaeological site and remains, as the case may be, has ceased to be of national importance for the purposes of this Act.

2.58.2 Explanation:

Section 35 of the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, allows the Central Government to de-notify ancient monuments or archaeological sites previously declared as nationally important. If the Central Government believes that a monument or archaeological site previously declared as nationally important under the AMASR Act is no longer of such significance, it can issue a public notice in the Official Gazette to remove its status as nationally important, thereby excluding it from the Act’s protections. This provision allows the Central Government to update the list of nationally important monuments and sites by removing those that no longer merit such status, ensuring that resources and protections are focused on truly significant heritage assets, thereby optimizing the management of Bharat’s cultural heritage.

2.58.3 Interpretation by Court:

Section 35 of the Act provides power to the Central Government to denotify any ancient monument, which has ceased to be of national importance, which had hitherto fore been declared as an ancient or historical monument or archaeological site. For exercising the power u/s 35, necessarily the Authority ought to exercise its powers u/s 20-I by making necessary recommendations to the Central government for grading and classifying protected monuments and protected areas declared as of national importance u/s 3 and 4.[1]

References:

[1] B. Manoharan vs The Ministry Of Culture, W.P. No.32163/2022, Madras High Court available at: https://indiankanoon.org/doc/179346241/