2.2 Section 1: Short title, extent and commencement:
2.2.1 Bare Act Text:
1. Short title, extent and commencement.―(1) This Act may be called the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
1[(2) It extends to the whole of India.]
(3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint.
Footnotes:
1. Subs. by Act 52 of 1972, s. 33, for sub-section (2) (w.e.f. 5-4-1976).
2. 15th October, 1959, vide notification No. S. O. 2307, dated 15th October, 1959, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
2.2.2 Explanation:
Section 1 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act) is the opening provision that gives the law its name, reach, and starting point. It’s like the title card of a grand heritage saga, setting the stage for protecting Bharat’s ancient treasures. Officially titled the Ancient Monuments and Archaeological Sites and Remains Act, 1958, it extends to the entire country, ensuring every corner of India i.e. from bustling cities to remote villages, every place falls under its protective umbrella as amended in 1972 to include all states. The section also declares that the Act kicked into action on October 15, 1959, as announced by the Central Government in the Official Gazette. In simple terms, it’s the rulebook’s introduction, promising to safeguard historical monuments, archaeological sites, and artifacts across India, starting from a clear launch date.
Section 1 is engaging because it’s the starting gun for a noble mission, i.e. it as a nationwide pledge to protect everything from the Qutub Minar to hidden rock carvings in a rural village. It’s simple yet powerful: name the law, cover all of India, and set a clear start date. This clarity ensures everyone, from archaeologists to local communities, knows the rules apply everywhere, fostering a sense of shared responsibility for heritage. The 1972 amendment to include all states, like Jammu and Kashmir, shows the law’s adaptability to Bharat’s evolving federal structure, making it inclusive and relevant.
This section embodies the doctrine of territorial sovereignty, asserting the Central Government’s authority to protect cultural heritage nationwide, reflecting Bharat’s unified commitment to its past.[1] It also aligns with the doctrine of prospective legislation, as the Act applies from a specified date (October 15, 1959), ensuring clarity on when its rules take effect without retroactively disrupting prior actions.[2] Additionally, the doctrine of public welfare shines through, as the nationwide scope prioritizes preserving shared cultural assets for all citizens, not just a select few. In simple language, “From this day, every ancient temple, fort, or relic in India is under our watch, no matter where it is!”
References:
[1] “Doctrine of Sovereignty” Academike, Dt. 30.04.2015, available at https://www.lawctopus.com/academike/doctrine-of-sovereignty/, Last visited on 17.07.2025
[2] “Prospective Vs. Retrospective”, Laasya Priya Ponnada Legal Service India, available at https://www.legalservicesindia.com/article/517/Prospective-Vs.-Retrospective.html, Last visited on 17.07.2025
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