Rohit Kumar

SUMMARY

Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010

Establishing National Monuments Authority: The Central government appoints a National

Monuments Authority under this amendment act. Including Chairperson, six full time members and

five part time members can be appointed. Director General in the ex-officio member. The term tenure

for members is three years.

- The appointment of members is done by a Selection Committee having Cabinet Secretary,

Secretary in Ministry of Culture and Urban Development (all ex-officio members) and three

experts appointed by Central government.

- The authority can decide the salary and allowances of its members.

- The authority has the power to make recommendation to Central government for grading and

classifying protected monuments.

- It also oversees working of competent authorities, implementation of provisions of Act, consider

impact of development works and make recommendations for such grants.

- The authority has the powers (summoning and reinforcing attendance) of Civil Courts vested in it

- In case of conviction for an offence of moral turpitude, physical or mental incapability, abuse of

position, and conflict of interest, Central government can remove any member of Authority

including Chairperson.

- In case of last two cases mentioned above, a trial is required before removal.

- The Chairperson and its members could not become ineligible for employment for five years after

the end of their tenure.

- The Central government can provide directions to Authority and Competent authority and can

even supersede for six months, if it thinks that Authority is not discharging its duties as mandated.

- These decisions should be communicated in written.

- After supersession, new members and Chairperson are appointed.

- Civil Courts do not jurisdiction over the matter of Monuments Authority.

Addition of Definitions: The central authority is defined as National Monuments Authority while the

competent authority is the State or Central government appointed officer not below

Director/Commissioner of Archaeology rank. Construction is defined as a horizontal or vertical

addition to the existing structure and reconstruction includes construction within the existing structure.

Classification and Nationalisation of Monuments: Keeping in mind historical, archaeological and

architectural value, Central Government can classify the monuments on the recommendation of

authority, as monuments of national importance. This information need to be published on the website

or through appropriate means of communication.

Prohibition of Public Work: Area around hundred meters will be protected or prohibited area for any

public work. This limit could be increased by Central government. To carry out public work,

permission of Central government or Director of Monument authority is required. In case of

monuments covered under or before 16 June 1992, Expert Committee’s report with Presidential assent

is required. The area of prohibition for national monuments in two hundred meters.

Application for Repair/Renovation: Any person who possesses a building in regulated area can write

to Director General of the Monuments Authority for repair or renovation of the building. The

competent authority will intimate to the authority within fifteen days of receipt of request. The request

is checked against various heritage bye-laws. The report of impact should e produced within two

months of application receipt. Written refusal, in case of refusal, should be provided to application

within three months.

Formation of heritage bye laws: The competent authority in consultation with Indian National Trust

for Arts and Culture Heritage can prepare heritage bye-laws. It can define heritage controls such a

facade, elevations, drainage system etc. And can form expert committees to present reports on them.

Longer Prison Term and Fine: In case of violation of rules, there could be prison term of two years

(earlier one year) and/or fine of one lakh rupees. This includes punishment for construction in

prohibited and regulated area. In case of government officers, the prison term is for three years.

Identification of un-authorised areas: Director General will identify all the illegal construction in and

around the classified monuments and will do an annual survey of the monuments.

Supremacy of Central government: The decision on repair, renovation or reconstruction by Central

Government and Director General cannot be challenged in any court of law.

Rohit Kumar