AMASRA: 2.64 Section 39. Repeals and savings.

2.64 Repeals and savings

2.64.1 Bare Act Provision:

39. Repeals and savings.―(1) 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Importance) Act, 1951 (71 of 1951), and section 126 of the States Reorganisation Act, 1956 (37 of 1956), are hereby repealed.

(2) 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.

Section 39 of the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, addresses the repeal of previous laws and the partial cessation of another law concerning monuments and sites declared as nationally important.

2.64.2 Repeal of Specific Acts

As per Section 39(1) of the AMASR Act, 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, which likely dealt with declaring or managing monuments and sites. These laws are no longer in effect, and the AMASR Act takes their place for such purposes. This provision ensures a unified legal framework for managing nationally important monuments and sites by repealing outdated or overlapping laws, streamlining heritage protection under the AMASR Act to enhance clarity and consistency in Bharat’s cultural heritage management.

2.64.3 Cessation of the Ancient Monuments Preservation Act, 1904

As per Section 39(2) of the AMASR Act, the Ancient Monuments Preservation Act, 1904, no longer applies to monuments and archaeological sites declared nationally important under the AMASR Act. However, any actions taken or not taken under the 1904 Act before the AMASR Act came into effect remain valid. This provision transitions the regulation of nationally important monuments and sites from the outdated 1904 Act to the AMASR Act, ensuring modernized governance while preserving the validity of prior actions, thereby maintaining legal continuity and protecting Bharat’s heritage under a contemporary framework.

This was section-wise interpretation of the AMASR Act. Reference to outdated statutes is main loophole in this statute as we have seen through all the provisions. But along with such outdated statute references, there are many discrepancies in this Act which are discussed in the next chapter.