Policy for Protection of Heritage sites in India

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CONSTITUTIONAL PROVISIONS FOR CONSERVATION 

Conservation and Indian Constitutional Provisions 

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. Article 49 states that 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 the Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be. Article 51(A)(f) 

The Constitution of India imposes a duty on every citizen to protect and preserve the rich heritage of our country. Article 51(A)(f) which deals with Fundamental Duties specifically imposes such a duty. Article 51(A)(f) is extracted herein: 

“It shall be the duty of every citizens of India: - (f) To value and preserve the rich heritage of our composite culture;” 

Article 49 

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. Article 49 of the Constitution of India mandates the State Government to protect monuments and places and objects of national importance, which reads as follows: 

“49. Protection of monuments and places and objects of national importance. 

It shall be the obligation of the State to protect very monument or place or object of artistic or historic interest, declared by or under law made by Parliament to be of national importance, from spoilation, disfigurement, destruction, removal, disposal or export, as the case may be”. 

Article 253 

Article 253 of the Constitution of India, enables Parliament to legislate for the implementation of any treaty, agreement or convention with any other country or countries, or any decision, made at any international conference, association or other body. 

Any such legislation can be enacted even if the subject matter of the legislation is an item in the State List of the Constitution of India. We should be aware of the International Conventions that are relevant to the protection and conservation of art and cultural heritage and to which India is a signatory. 

History of Legislation of Conservation of Monuments & Sites 

i. Ancient Monuments Preservation Act, 1904 

ii. Ancient and Historical Monuments and Archeological Sites and Remains (Declaration of National Importance)Act, 1951

iii. Ancient Monuments and Archeological Sites and Remains Act, 1958 

iv. AMASR Rules 1959 

v. AMASR (Amendment and Validation) Act, 2010 

vi. National Monument Authority Rules, 2011 

vii. AMASR (Framing of Heritage Bye laws and other Functions of Competant Authority) Rules, 2011 

viii. The Ancient Monuments and Archaeological Sites and Remains(amendment) bill, 2018 

It is Lord Curzon who was the first one to realise the importance of preservation of ancient monuments. With that objective, he was instrumental in the enactment of Ancient Monuments Preservation Act, 1904. After independence, the Government of India realising the utmost necessity to protect the ancient monuments has introduced the Ancient Monuments and Archaeological Sites and Remains Act, 1958. 

Heritage Legislation in India 

It is important to be aware of the international conventions and the national and state laws relevant to the protection and conservation of the art and the cultural heritage of a country. A reference to the provisions in the relevant laws has been made in Guidelines for Chapters at appropriate places. This chapter is divided into three sections, the first dealing with the International Conventions and Agreements, the secon d with the National (Indian) Laws, and the third with the laws of the various states and union territories. 

Some National Laws in force 

The Ancient Monuments and Archaeological sites and Remains Act,1958 (as amended In 2010)- The Ancient Monuments and Archaeological Sites and Remains Act, 1958, requires special mention as it has recently been amended in 2010 with strict rules in place for building and renovation activity in the vicinity of protected monuments. The Act states that no building activity is allowed in the ‘prohibited zone’ which is within 100 meters from the notified limits of the monument. Two hundred meters further from the borders of the 100 meter prohibited zone is the ‘regulated area’. Here some building, repair and restoration activity is allowed with permission from the Competent Authority who forwards it to the National Monuments Authority for their expert opinion. The Ancient Monument and Archaeological Site and Remains (Framing of Heritage Bye-laws and Other Functions of the Competent Authority) Rules, 2011, are available at asi.nic.in, the website of the Archaeological Survey of India. Rules 6 to 8 contain the relevant details of the categories for which permission is required from the Competent Authority. The format for the application is also provided in these rules. Should detailed clarifications be required, the Chapter may contact the Superintending Archaeologist of the Archaeological Survey of India of the relevant area. For easy reference, Rules 6 to 8 and the relevant format for application for construction, renovation, repairs, etc., have been provided 

The Antiquities and Art Treasures Act,1972 

An Act to regulate the export trade in antiquities and art treasures, to provide for the prevention of smuggling of, and fraudulent dealings in, antiquities, to provide for the compulsory acquisition of antiquities and art treasures for preservation in public places and to provide for certain other matters connected therewith or incidental or ancillary thereto.

The Environment Protection Act,1986 

State Acts: 

State Acts Protecting Monuments which are of relevance to the state. 

Jammu and Kashmir Heritage Conservation and Preservation Act, 2010. 

Protection for Non-Monument built and natural heritage: 

Draft Model Regulations circulated by the Environment Ministry to all states 

Only some states have enacted these.

Late Mr. Shyam Chainani advocated insertion of regulations/byelaws etc. in already existing Municipal and Town Planning Laws 

Not always necessary to amend these laws to insert the heritage byelaws but Punjab and Maharashtra did so. 

How regulations/byelaws are made 

• Constitution 

• Act: Made By Parliament / State Assembly within the parameters of the Constitution 

• Subordinate Legislation i.e. Rules, Regulations, Byelaws Made by the authorized government agency within the parameters prescribed by the ACT.

 • Public Interest Litigation (PIL) 

Some important guidelines laid out by the Supreme Court are: 

Substantial public interest should be involved PIL should be aimed at redresses of genuine public harm or public injury. 

There should be no personal gain, private motive or oblique motive before filing the PIL Petitions filed by “busybodies” for extraneous and ulterior motives must be discouraged by imposing exemplary costs. 

The Chapters Division circulates amongst the Chapters the texts of the various laws from time-to-time. These copies should be kept in the Chapter library for study, reference and use. 

The State Convener should draw up a list of all such laws and circulate the copies among the Chapters of the state who should keep them in the Chapter library for study, reference and use. The particular laws that are most important for the conservation of art and cultural heritage are the ‘laws for protection and conservation of monuments, archaeological sites and remains’, ‘town and country planning laws’, the laws regulating ‘land use’ and the laws prescribing the ‘duties and responsibilities of the State agencies, particularly the Panchayati Raj Institutions (PRIs) in the rural areas and the Urban Local Bodies in the urban areas’.

CONSERVATION AND AUDIT OF HERITAGE BUILDINGS - Central Public Works Department, Ministry of Housing & Urban Affairs, Government of India


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