1. HERITAGE LEGISLATION IN INDIA An Overview Dr. Shikha Jain, DRONAH

2. STATUS OF HERITAGE IN INDIAN CITIES TODAY! Only protected monuments are conserved or get funds for conservation. Cities have significant heritage which is neither listed nor protected and is getting lost by demolitions/changes 3. HERITAGE LEGISLATION IN INDIAN CITIES FOR PROTECTED MONUMENTS Centre - Monuments and Antiquities Act, 1961 - Only restricted to protected monuments in the Country. This was an amendment to an earlier Act of 1901 framed by the ASI State - Monuments and Antiquities Act, 1961 is adopted for protected monuments by most states 4. CENTRAL Environment Protection Act 1986 CRZ Notification, 1991 and MOEF Notification, 2003 STATE State Town and Country Planning Acts LOCAL Development Control Rules/ Byelaws WHICH EXISTING ACTS CAN BE USED FOR HERITAGE PROTECTION IN INDIAN CITIES? 5. Central - As per the Indian constitution, only State (not Centre) can enact laws relating to land and local governance. Central govt. can enact legislation only for railways, national highways and other communication means or the seven Union Territories. State - Town and Country Planning Act areas defined by the state - metropolitan, regional and area plans Local - Local Planning authorities prepare a Master Plan Development Agencies/ Municipal Corporations /LocaL Panchayats for rural areas HOW CAN THIS LEGISLATION REFLECT IN PLANNING ? 6. Maharashtra The Pioneer of Heritage Legislation ACTS APPLICATION HERITAGE LEGISLATION Maharashtra Regional and Town Planning Act, 1966 as modified upto 1988. Local Urban Areas, Metropolitan Areas, Regional Level Amendment in 1995 BMRDA Act, 1975 MHADA Act 1976 Maharashtra (Urban Areas) Preservation of Trees Act, 1975. Initiated by Mumbai; adapted/in process by Pune, Aurangabad, Nagpur, Kolhapur, Amravati, Bhandara and Nashik 7. Model Regulations circulated by MOEF to all State Governments and Union Territories on 28th December 1995 Post Maharashtra Impact 8. Andhra Pradesh ACTS APPLICATION HERITAGE LEGISLATION Andhra Pradesh Urban Areas (Development) Act, 1975 Local Urban Metropolitan Areas Amendment in 2000 by HUDA for Hyderabad Initiated in Hyderabad; adapted/in process by Warangal, Puttaparthi, Vishakapatnam, Tirupati and Vijaywada 9. Punjab ACTS APPLICATIO N HERITAGE LEGISLATION Punjab Town Improvement Act, 1922 Punjab Scheduled Roads and Controlled Areas (Restriction of unregulated development) Act 1963. Local Urban Areas Amendment made in April 2003 Though amendment to the act is made, there is no change in regulations/byelaws at local level 10. Delhi ACTS APPLICATION HERITAGE LEGISLATION The Delhi Development Act, 1957 Local Urban Areas Delhi Building Byelaws modified in Feb. 2004 Executed on the orders of Supreme Court after a writ petition was filed in 2002 by O P Jain 11. Gujarat ACTS APPLICATIO N HERITAGE REGULATION Gujarat Town Planning & Urban Development Act, 1976 CRZ Protection Local - Urban Metropolitan Areas Comprehensive Act and Heritage legislation amendment integrated in Sep. 2007 Initiated in Ahmedabad; in process by other cities like Vadodara, Surat , Rajkot, Bhavnagar, Jamnagar Bhuj , Junagadh and others. 12. Rajasthan ACTS APPLICATION HERITAGE LEGISLATION Rajasthan Urban Improvement Act 1959 as amended in 1991 Rajasthan Monuments , Archaeological Sites and Antiquities Act, 1961 Local Urban Areas, Metropolitan Areas TCP Act still pending Central govt. approval Draft amendment to the Act in process. Dec.2008 Act to be implemented across the State but is limited by its monument specific approach 13. Goa ACTS APPLICATIO N HERITAGE REGULATION Goa, Daman & Diu Town and Country Planning Act 1976 Local Urban Areas, Regional Level Comprehensive legislation but heritage amendment pending CRZ, an important tool for Goa till amendment is made in TCP Act 14. Haryana ACTS APPLICATION HERITAGE REGULATION Punjab scheduled Roads & ControlledAreas Restriction of Unregulated Development Act, 1963 Haryana Urban Development Authority Act, 1971. Regional Level Local Urban Areas No comprehensive planning legislation INTACH in dialogue with the govt. for amendment in the act 15. Madhya Pradesh ACTS APPLICATION HERITAGE REGULATION Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam 1973 Local Urban Areas, Metropolitan Areas, Regional Level Comhrehensive TCP legislation Heritage amendment pending 16. Bihar ACTS APPLICATION HERITAGE REGULATION Bihar Town Planning & Improvement Trust Act, 1951 Local Urban Areas, Regional Level Bill under consideration. No efforts for heritage legislation 17. Himachal Pradesh ACTS APPLICATION HERITAGE REGULATION Himachal Pradesh Town & Country Planning Act, 1977 Local Urban Areas Comprehensive TCP legislation but no effort on heritage legislation EPA can be an important tool for Himachal till amendment is made in TCP Act 18. Jammu and Kashmir ACTS APPLICATION HERITAGE REGULATION J & K Town Planning Act, 1963 J & K Development Act, 1970 Local Urban Areas No comprehesive planning EPA can be an important tool for J&K till amendment is made in TCP Act 19. Karnataka ACTS APPLICATIO N HERITAGE REGULATION Karnataka T & CP Act, 1964. Bangalore Development Authority Act (1976). Bangalore Metropolitan Regional Development Authority Act, 1985. Karnataka Urban Development Authority Act, 1987 Local Urban Metroploitan Areas Metropolitan region Urban centres Amendments under consideration 20. Kerala ACTS APPLICATI ON HERITAGE REGULATION The Travancore Town & Country Planning Act, 1945 as amended in 1947 and 1975 The Travancore Town Planning Regulations, 1932 as amended in 1960. The Madras Town Planning Act, 1920 as amended in 1975 Local Urban Areas No comprehensive TP Act for the State - no amendments for heritage 21. Orissa ACTS APPLICATION HERITAGE REGULATION The Orissa Town Planning and Improvement Trust Act, 1956 as amended in 1976 Orissa Development Authority Act, 1982. Local Urban Areas Not comprehensive heritage legislation pending 22. Puducherry ACTS APPLICATION HERITAGE REGULATION The Pondicherry Town & Country Planning Act, 1969 Extended to whole of UT Amendments based on Goa Act underway heritage amendments not incorporated 23. Chandigarh ACTS APPLICATION HERITAGE REGULATION Capital of Punjab (Development & Regulation) Act, 1952 Punjab New Capital (Periphery) Control Act, 1952 Chandigarh Trees Preservation Order, 1952 Extended to whole of UT WHS Nomination for Urban Heritage in process Could adopt the amended Punjab Act. 24. Uttar Pradesh ACTS APPLICATION HERITAGE REGULATION Uttar Pradesh Urban Planning and Development Act, 1973 Local Urban areas Draft under consideration no amendments for heritage 25. Uttar Pradesh ACTS APPLICATION HERITAGE REGULATION Uttar Pradesh Urban Planning and Development Act, 1973 Local Urban areas Draft under consideration no amendments for heritage 26. HERITAGE LEGISLATION IS ESSENTIAL TO SAVE OUR HERITAGE! KNOW ALL EXISITNG ACTS AND REGULATIONS THESE ARE OUR TOOLS TO INTRODUCE HERITAGE LEGISLATION!