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Understanding Acts & Regulations for Heritage.


 ACTS AND REGULATIONS GOVERNING PRESERVATION OF MONUMENTS & SITES
•1904 – 1947: A majority of monuments and sites declared protected.
 Legislation: Continuation of monument-centric colonial legacy, rather than sustainable urban development.
AMASRA 2010: shift from focus on monument to built surroundings.
Participatory Spatial Planning
•“Immovable heritage (natural and manmade) is in continuous danger of being dented and even being obliterated. It therefore needs to be incorporated for conservation through legalized mapping that is transparent so that planned programmed development through conservation strategies, techniques and tools can take place within and around the legally identified heritage structure, plot, precinct or site. Transparency typically helps in garnering people’s participatory support”.
19th century ‘discovery’ of ‘monuments’ and beginnings of legislation.


Edgar F. Ribeiro, Legalized Mapping of Heritage of India: Can it be applied to Goa? Indian World Heritage Sites in Context, NMA, 2014


Sarnath and the Archaeology of Buddhism in India

1835-6: Alexander Cunningham identified Sarnath 13 kilometres north-east of Varanasi based on accounts of Chinese pilgrim Xuanzang who visited India in 7th century AD.
•In 1856, the Government acquired the site at Sarnath from an indigo planter by the name of Fergusson.
•1900 that a guard was appointed to take charge of the museum and the monastic complex.
Sarnath excavation

•1905: Ashokan Pillar and lion capital unearthed during excavations.








Ancient Monuments Preservation Act 1904
•(1) “ancient monument” means any structure, erection or monument, which is of historical, archaeological or artistic interest, or any
•remains thereof, and includes—
•(a) the site of an ancient monument;
•(b) such portion of land adjoining the site of an ancient monument as may be required for fencing or covering in or otherwise preserving such monument; and
•(c) the means of access to and convenient inspection of an ancient site.
Provisions of the Act
Land may be acquired for protection of monuments under Land Acquisition Act 1894.
•Declaration of protected status of monuments through notification.
•Fixing of boundaries of the area.
•Restriction of mining, quarrying, blasting etc.
• Restriction on movement of antiquities.
(http://asi.nic.in/asi_monuments.asp).
Nationally Protected Monuments
•1947: 2826 protected monuments.
•Protection of Sculptures, Carvings, Images, Bas-reliefs, Inscriptions or like objects, which are not to be moved from their present location.
•Declare areas with archaeological remains as protected areas.
•2014: more than 3650 ancient monuments and archaeological sites and remains of national importance
(http://asi.nic.in/asi_monuments.asp).
The Constitution of India
•1. Entry 67 of the Union List - monuments declared by or under law made by Parliament to be of national importance.
•2. Entry 12 of the State List - monuments other than those declared to be of national importance.
•3. Entry 40 of the Concurrent List - monuments other than those declared by or under law made by Parliament to be of national importance.
•16. By incorporating Article 49 in the Directive Principles of State Policy, the framers of the Constitution made it obligatory for the State to protect every monument of national importance.
49: It shall be the obligation of the State to protect every monument or place or object of artistic or historical interest, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.
History of the Acts & Legislation
1951: The Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951 (No LXXI of 1951) was enacted.
•All the ancient and historical monuments and archaeological sites and remains protected earlier under ‘The Ancient Monuments Preservation Act, 1904' (Act No. VII of 1904) were re-declared as monuments and archaeological sites of national importance under this Act.
•Four hundred and fifty monuments and sites of Part ‘B' States were also added. Some more monuments and archaeological sites were also declared as of national importance under Section 126 of the States Reorganization Act, 1956.
ASI Notification 1992
•Notification prohibited new constructions within a 100m radius of any ASI monument in the country.
•Controlled development within the regulated area of the monument, which was fixed at 200m.
•Reconstruction allowed in prohibited area.
AMASR Act 2010
•November 2011: Establishment of National Monuments Authority.
•Redefinition of 100 metres as prohibited and 100 to 300 metres as regulated area around the monument.
•Categorization of monuments into 8 categories.
•Framing of heritage bye laws for each of the centrally protected monuments.
ØCategorization of monuments.
ØMapping & detailed site plans.
ØNo construction in prohibited area.
ØØConstruction in regulated area in accordance with heritage bye laws/ Development Control Regulations.
ØArchaeological assessment for large projects essential.

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