Central

Section 29 of The Ancient Monuments and Archaeological Sites and Remains Act, 1958

The Central Government may, by notification in the Official Gazette, direct that any powers conferred on it by or under this Act shall, subject to such conditions as may be specified in the direction, be exercisable also by--

(a)such officer or authority subordinate to the Central Government, or
(b)such State Government or such officer or authority subordinate to the State Government, as may be specified in the direction.

Summary

The Central Government has the authority to share or hand over its powers to others.
This transfer of power can be made to any officer or authority that works under the Central Government.
Powers can also be delegated to State Governments or officers working for State Governments.
The government must issue an official notification in the Gazette to make this delegation legal.
The Central Government can include specific conditions that the lower authorities must follow when using these powers.

Practical examples

1In January 2025, the Central Government publishes a notice in the Official Gazette delegating the power to approve local excavations to the Director of Archaeology for the State of Gujarat.

2The Central Government decides that a specific regional Archaeological Officer should handle the notices for Section 4 declarations. They issue a notification stating he can exercise this power but must submit a monthly report to Delhi as a condition.

FAQ

1. Can a State Government handle matters related to The Ancient Monuments and Archaeological Sites and Remains Act, 1958?

Yes, Section 29 of the 1958 Act allows the Central Government to delegate its powers to a State Government or its officers through a notification.

2. How does the public know if a lower officer has been given powers under the 1958 Act?

Any delegation of powers under Section 29 must be published in the Official Gazette, which is a public government record.

3. Can the Central Government limit how a delegated power is used under the 1958 Act?

Yes, Section 29 states that delegation is "subject to such conditions as may be specified" in the official direction.

4. Who can the Central Government delegate its powers to?

Under Section 29, it can delegate to its own subordinate officers/authorities, or to a State Government and its subordinate officers.

Test yourself

Q1.Under Section 29 of The Ancient Monuments and Archaeological Sites and Remains Act, 1958, what is the required method for delegating powers?

Q2.To which of the following can the Central Government NOT delegate its powers under Section 29 of the 1958 Act?

Q3.Does the Central Government lose all control over a power once it is delegated under Section 29 of The Ancient Monuments and Archaeological Sites and Remains Act, 1958?

Q4.Under Section 29 of the 1958 Act, can the Central Government delegate powers to a specific person who is not a government officer?

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