The Union government is planning to liberalise construction activity in the vicinity of protected monuments and which are regulated under the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act. The Act provides for the preservation of ancient and historical monuments, archaeological sites and remains of national importance; regulation of archaeological excavations and protection of sculptures, carvings and other like objects.
At present, the Act imposes a ban on construction of any kind within a 100-metre periphery of centrally protected monuments and allows only certain types of regulated construction within the 100-200-metre perimeter. India has 3,695 centrally protected monuments under the Archaeological Survey of India (ASI). No construction work or related activity is generally permitted in prohibited and regulated areas around protected monuments unless a specific approval is taken from the National Monuments Authority.
Union Culture Minister G Kishan Reddy recently said in the Rajya Sabha: “The government has taken a decision to examine the legal issues affecting construction-related activities around centrally protected monuments and sites in order to allow for infrastructure (related work), and, at the same time, preserve the rich heritage of the country.”
According to officials, there is a feeling that the Act restricts a lot of areas which could be put to good use, specifically in the case of developmental and infrastructure-related work. It is expected that the amendments would bring some relaxation in these zones, specifically in the case of smaller monuments such as statues, cemeteries and cannons. This is to allow for infrastructure (related work), and at the same time preserve the rich heritage of the country.
Even as the government can bring about liberalisation in the case of most monuments, for UNESCO World Heritage Sites (India has 40 of them), these restrictions may stay as construction will impact them.
According to the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010, an “ancient monument” is any structure, erection or monument, or any tumulus or place of interment, or any cave, rock-sculpture, inscription or monolith which is of historical, archaeological or artistic interest and which has been in existence for not less than 100 years.
The Director-General (DG) of ASI may, with the sanction of the government, purchase, or take a lease of, or accept a gift or bequest of, any protected monument. Where a protected monument is without an owner, the DG may by notification in the Official Gazette assume its guardianship. The owner of any protected monument may, by written instrument, constitute the DG as the guardian of the monument, and he may, with the sanction of the government, accept such guardianship. If the owner is unable, by reason of infancy or other disability, to act for himself, a person legally competent to act on his behalf may exercise the powers conferred on him.
If any owner or other person competent to enter into an agreement under Section 6 for the maintenance of a protected monument refuses or fails to do so, and if any endowment, has been created for the purpose of keeping such monument in repair, the government may institute a suit in the court of the district judge. Or if the estimated cost of repairing the monument does not exceed Rs 1,000, he may make an application to the district judge for the proper application of such endowment.
If the DG apprehends that the owner or occupier of a protected monument intends to destroy, remove, alter, deface, imperil or misuse it or build in contravention of the terms of an agreement under Section 6, he may make an order prohibiting any such contravention of the agreement.
Any person aggrieved by an order under this Section may appeal to the central government within such time and in such manner as may be prescribed and the decision of the government shall be final.
If an owner or other person who is bound by an agreement for the maintenance of a monument under Section 6 refuses or fails to do any act which the DG considers necessary for the maintenance of the monument, he shall be liable to pay the expenses. If the government apprehends that a protected monument is in danger of being destroyed, injured, misused, or allowed to fall into decay, it may acquire the protected monument under provisions of the Land Acquisition Act, 1894.
A protected monument maintained by the government under this Act which is a place of worship or shrine shall not be used for any purpose inconsistent with its character. Subject to any rules made under this Act, the public shall have a right of access to any protected monument.
No person, including the owner or occupier of a protected area, shall construct any building within it or carry on any mining, quarrying, excavating or blasting or utilise the area without the permission of the government.
Further, the government may direct that any building constructed by any person within a protected area in contravention of the provisions of sub-section shall be removed within a specified period. If the person refuses or fails to comply with the order, the collector may cause the building to be removed and the person shall be liable to pay the cost of such removal.
If the government feels that any protected area contains an ancient monument or antiquities of national interest and value, it may acquire such an area. Any person who moves any antiquity in contravention of a notification issued under sub-section (1) of Section 25 shall be punishable with imprisonment which may extend to two years or with fine which may extend to Rs one lakh or with both, and the court can convict him.
Any amount due to the government from any person under this Act may on a certificate issued by the DG or an archaeological officer authorised by him, be recovered in the same manner as an arrear of land revenue. If the government is of opinion that any ancient and historical monument or archaeological site has ceased to be of national importance, it may, by notification in the Official Gazette, declare it so. The DG shall, within such time as may be specified by the government, conduct a survey of all prohibited areas and regulated areas for the purpose of detailed site plans.
—By Adarsh Kumar and India Legal Bureau