PLANNING LEGISLATION

UNIT 1
Law
Law is a social science that grows and develops with the growth and development of society. New developments in
society creates new problems, and law is required to deal with those problems. In order to keep pace with society, the
definition and scope of law must continue to change. The result is that a definition of law given at a particular time.
Law is a principle and regulations established in a community by some authority and applicable to its people, whether
in the form of legislation or of custom and policies recognized and enforced by state authority.

Legislation
Legislation refers to the preparation and enactment of laws by a legislative body through its law making process. The
legislative process includes evaluating, amending, and voting on proposed laws and is concerned with the words used
in the bill to communicate the values, judgments, and purposes of the proposal.

Ordinance
An ordinance is a law passed by a municipal government. A municipality, such as a city, town, village, is
political subdivision of a state within which a municipal corporation has been established to provide local government
to a population in a defined area. An ordinance has to be converted into legislation within 42 days of commencement
of the Parliament session, or else it will lapse.

Bill
A bill can be considered as initial stage of an act.
A bill is an act of legislative proposal which has to pass through various stages before it becomes an act. Usually bill
is in the form of a document that summarises what is the policy behind the proposed law and what is to be the
proposed law.

Act
Once the bill has been passed by the legislature, it is send to the president or the governor for approval by receiving
his assent it becomes an act.

Bye- laws
A bye-law is a rule or law established by an organization or community to regulate itself, as allowed or provided for
by some higher authority. The higher authority, generally a legislature or some other governmental body, establishes
the degree of control that the by-laws may exercise. By-laws may be established by entities such as a business
corporation, a neighbourhood association, or depending on the jurisdiction, a municipality.

Doctrine of separation of powers

Separation of Powers is a system of governance in which the executive, judicial, and legislative functions are divided,
with each acting as a check on the other. It means that three departments of governments are to be separate and
distinct. They are to be independent of one another and each can exercise only the type of authority, legislative,
executive or judicial.
The Executive Branch: is the enforcer of low, it enforces laws made or enacted by the legislature, it also held
responsibility for the government administration system, it has the authority to adjourn and dissolve the legislature.

The Legislature Branch makes law, amends and replaces old laws, it controls, criticise, supervise and scrutinizes the
administration or activities of the executive and influence the policies of the government. The legislature also the
representative for the people. The legislature also has the power to elect the head of the state.

The Judiciary Branch is a branch of government that is concerned with the administration of justice. It is the
guardian of the constitution, if the laws made by the judiciary or the states are conflicted with the constitution, the
judiciary could declare the laws as invalid. The Judiciary also makes law when the existing laws are blur or confusing
or conflicting each are in some cases.

Significance of law and its relationship to planning

Town planning has to be done or practised by abiding to the laws made by local, state or union governing bodies.
These laws can be in form of building bylaws, Zoning Regulations etc. The building byelaws are the strict guidelines
given for construction of new buildings or repair of existing ones as well. Zoning regulations deal with restriction on
coming up of a certain activity in a particular zone. Even in the preparation of a Master plan, the bylaws must be
followed.

Eminent domain
Eminent domain (also known as condemnation) is the inherent power of local, state, or federal government agencies to
take a citizen’s private property. The government can take the property without the owner’s consent so long as the
property will be used for “public use” and the owner is paid “just compensation.”

You can negotiate with the Government. Typically, after the government agency has given the initial offer, you can
try to negotiate a higher amount directly with the government official. However, once a complaint has been filed and a
lawsuit has commenced, the informal negotiation period has ended.

An answer to the complaint must be filed within 30 days of the complaint being served. After the complaint has been
answered, yourself or your attorney will participate in mandatory settlement conferences during the pre-trial stage of
the lawsuit.

The government will often just take a portion of someone’s property, in order to widen a road, for example. If the
government does not take your entire property, it is still required to pay you just compensation, called severance
damages.

Police powers
Police Power is the inherent power and constitutional authority of the government to adopt and enforce regulations
and laws to promote public health, safety, morals, and general welfare.

Difference between eminent domain and police powers: when property is taken under police power, as with zoning,
compensation is not required; whereas with eminent domain, there must be payment of just compensation.
 UNIT 2
Concept of Indian Constitution
Constitution: A constitution is a set of fundamental principles or established precedents according to which a state or
other organization is governed.

Need of a Constitution

It generates trust that is necessary for different kinds of It expresses the aspirations of people for building a good
people to live together society
It specifies how the government will be constituted It enable the govt. to full fill the separation of a society
which means who will have the power and what and create conditions for just society.
decisions will they be responsible for
It lays down limitations on the powers of the It defines the nature of political system of a country.
government and makes the citizens aware of their rights
It provides a set of rules that allow the minimal
coordination amongst members of society.

Characteristics of constitution

The Constitution of India has some distinct and unique features as compared to other constitutions to the world. Dr.
Ambedkar, the Chairman of Drafting Committee puts it,

The main characteristics are:

Longest written constitution Fundamental Rights

Partly rigid and flexible Directive Principles of State Policy
Democratic Republic Secular States
Parliamentary System of Government Fundamental Duties
A Federation An independent Judiciary and Single Citizenship

Preamble of Indian Constitution: The constitution begins with a short statement of its basic values. This is called
the preamble to the constitution. It contains the philosophy on which our constitution has been built. It provides a
standard to examine and evaluate any law and action of the government, to find out whether it is good or bad. It is the
soul of the Indian Constitution.

Importance of Preamble: The preamble is like an introduction or preface of a book as an introduction is it not a part
of the contents but it explains the purpose and objectives with which the document has been written. As such the
preamble provides the guidelines of the constitution. The preamble, in brief, explains the objectives of the Constitution
in two ways:

-about the structure of the governance

-about the ideals to be achieved in independent India.

The preamble is considered the key of the constitution.

Values of the Constitution in India

We, the people of India Republic

Sovereign Justice
Socialistic Liberty
Secular Equality
democratic Fraternity
 UNIT 4
Land Acquisition act 1894
Land Acquisition in India generally refers to the process by which “the union or state government acquires private
land for the purpose of industrialization, development of infrastructure facilities or for the urbanization by providing
compensation to the effected land owners and their resettlement and rehabilitation.”

Drawbacks of 1894 Act

◼ The term “public purpose” was ambiguous and open to Government’s discretion
◼ Land could be acquired forcibly.
◼ They were given no voice in decision making.
◼ Government was free to decide how much money to pay while acquiring private land.
◼ No such restrictions on fertile land
◼ If project did not start, then acquired land was secretly sold/leased to private players at sky-high
prices.
Land Acquisition and Rehabilitation and Resettlement Bill (LARR) Act, 2013
Then the Land Acquisition Resettlement and Rehabilitation Act (LARR 2013) and which came into force from 1st
January 2014. The 2013 Act provides for land acquisition along with compulsory rehabilitation and resettlement. The
Collector shall pass Rehabilitation and Resettlement awards for each affected family (both landowners and the
families whose livelihood is primarily dependent on the land acquired) in terms of the entitlements provided in the
Second Schedule.

Advantages:

◼ Promotes development
◼ Compensation
◼ Less crimes, less disputes
◼ Recognized social, physical infrastructure

Unit 5
Urban development authorities

◼ Hyderabad Metropolitan Development Authority

◼ Hyderabad Urban Development Authority

The Hyderabad Metropolitan Development Authority (HMDA) was formed by an Act of the combined state of
Andhra Pradesh Government in the year 2008, with an area of 7,257 Sq. Km. HMDA jurisdiction covers (7)
Districts, (70) Mandals, 1032 Villages including Greater Hyderabad Municipal Corporation consisting of 175
Villages and 40 Municipalities / Nagar Panchayats consisting of 138 villages and remaining 719 Villages under
jurisdiction of the HMDA.

Functions of HMDA

◼ To Undertake Preparation of Metropolitan Development and investment Plan.

◼ To co-ordinate the development activities of the Municipal Corporation, Municipalities and other local
authorities.
◼ The Hyderabad Metropolitan Water Supply and Sewerage Board, the Telangana Transmission Corporation,
Telangana Industrial Infrastructure Corporation, the Telangana State Road Transport Corporation and such
other bodies as are connected with development activities in the Hyderabad Metropolitan Region.

◼ To maintain and manage the Hyderabad Metropolitan Development Fund and allocate finances based on the
plans and programmes of the local bodies for undertaking Development of amenities and infrastructure
facilities

◼ To create and manage the Hyderabad Metropolitan Land Development Bank and take up land acquisition
every year as may be necessary for various public uses, township development, infrastructure development,
etc.

Slum Improvement and Clearance Board

Slums: Informal settlements with poor quality housing, limited access to services, high densities, and often insecure
land tenure.
Slums are characteristics that vary from place to place:
◼ Appearance: A slum looks neglected with disorderly buildings, roads and yards.
◼ Economic status: slum is a poverty prone area generally poor people reside there.
◼ Overcrowding: this is a specific characteristic of slum
 ◼ Population: heterogeneous occupancy is the order of the day. A slum may have separate area of linguistic,
culture, economic, religious and caste groups.
5 major ingredients of the slum areas (improvement and clearance) act, 1956
◼ To facilitate inclusive growth and slum-free cities.
◼ To provide assured security of tenure, basic amenities and affordable housing for slum dwellers.
◼ To assign a “legal document of entitlement” to every landless person in a slum area entitled to a dwelling
space.
◼ To give mortgage able rights to allottees of dwelling space. However, tradability of dwelling space limited
to the Government or the slum collectives.
◼ To provide compensation for acquisition of land, wherever necessary, in the form of concessional
building.

Unit 3

Transfer of Development Rights

Transfer of Development Rights (TDR) is a voluntary, incentive-based program that allows landowners to
sell development rights from their land to a developer or other interested party who then can use these rights to
increase the density of development at another designated location.

Types of TDR

Predominantly, there are four types of TDR that are generated –

❑ Road TDR,

❑ Reserved plots TDR,

❑ Slum TDR

❑ Heritage TDR.

Common Uses
Farmland protection: TDR programs are a way to permanently protect blocks of productive farmlands. Developers
give farmers cash for their development rights. Farmers can use the money in any way they please (e.g. pay down
debt, start a retirement account, pay operational expenses). The farmer still owns the land and retains the right to
farm it.

Natural Resource Protection: A TDR program can provide a source of private money to purchase development rights
on unique natural areas, critical habitat, and areas important for resource protection such as groundwater recharge
areas.

Guide New Urban Development: A TDR is useful in rapidly urbanizing communities to guide housing to desirable
locations. Receiving districts can be located in places where urban growth or higher densities are desired or where
urban services are available.
 Concept of Arbitration
Arbitration is the dispute settlement process between two agreeable parties to appoint an arbitrator to give a binding
solution on the dispute. It is a way to settle disputes outside the courts thereby saving time and resources at the same
time. Arbitration is a legal mechanism encouraging settlement of disputes between two or more parties mutually by
the appointment of a third party whose decision is binding on the parties referring the said dispute.

Advantages of Arbitration

a) Minimization of court intervention

b) Reduction in costs of dispute redressal and resolution
c) Expeditious and timely disposal
d) Enforcement of awards through neutrality of arbitrator
e) Encouragement of foreign investment by recognising the country as that having a sound legal framework
f) Effective conduct of and maintaining sound foreign relations

73RD CONSTITUTION (AMENDMENT) ACT:

The Constitution (Seventy-third Amendment) Act, 1993 lays down that the State shall take steps to organise village
panchayats and endow them with such powers and authority as may be necessary to enable them to function as units
of self-government. In the light of the above, a new Part IX relating to the Panchayats has been inserted in the
Constitution to provide for among other things.

Structure of Panchayati Raj

Zilla parishad/ district level

Panchayat samiti/ block level

Gram panchayat/village level

Finance commission – Recommendation

• Distribution of funds between the state and the Panchayati raj bodies.
• To levy, collect and appropriate taxes, duties, tools and fees
• Allocation of proceeds between various tiers.
• Grant in aids.

Salient Features of 73rd Amendment Act

✓ Panchayats and municipalities will be “institution of self – government”.

✓ 3-tier system panchayat raj, for all states and < 25 lakh population can only have 2-tier system
✓ Chairperson of panchayats at the intermediate & district levels are indirectly elected, at village level Chairperson
(sarpanch) is directly elected.
✓ Seats reserved for Scheduled Castes and Scheduled Tribes in proportion of their population.
✓ One- third of the total number of seats reserved for women and for SCs and STs Women.

Powers and Functions

The 11th schedule enshrines the distribution of powers between the State legislature and the Panchayats. These 29
subjects are listed below:
1. Agriculture, including agriculture extension
2. Land improvement, implementation of land reforms, land consolidation and soil conservation.
3. Minor irrigation, water management, watershed development.
4. Animal husbandry, dairying and poultry.
 5. Fisheries industry
6. Social forestry & farm forestry
7. Minor forest produce
8. Small scale industry, including food processing
9. Khadi, village and cotton industries
10. Rural housing
11. Safe water for drinking
12. Fodder
13. Roads, culverts, bridges, ferries, waterways and other means of communication
14. Rural electrification, including distribution of electricity.
15. Nonconventional energy source
16. Poverty alleviation programs
17. Education, including primary and secondary school
18. Technical training and vocational education
19. Adult and non-formal education
20. Libraries
21. Cultural activities
22. Market and fair
23. Health and sanitation, including hospital, PHC and dispensaries
24. Family welfare
25. Women and child development
26. Social welfare, including welfare of handicapped and mentally retired
27. Welfare of weaker section, particular in SCs & STs
28. Maintenance of common asserts
29. Poverty alleviation program

74TH CONSTITUTION AMENDMENT ACT – 1992

The 74th Constitutional Amendment Act of India – 1992, is aimed to strengthen urban local Bodies through
devolution of power towards decentralization. Government of India notified 1st June 1993 - 74th CAA came into
force.

Historical Background of 74th CAA:

1989: Process to amend the constitution

Initiated by Prime Minister Rajiv Gandhi

1992: Constitution was passed during December

1993: 74TH CAA came into force during June effectively

Since the urban development is the state subject, all the states were to enforce the provision of above amendment
through amendment of respective bye laws of states within a year.
Salient Features of 74th CAA:

1. Constitution of Municipalities
2. Composition of Municipalities
3. Constitution of wards committee
4. Reservation of Seats
5. Fixed duration of Municipalities
6. Power, Authority and responsibilities of Municipalities
7. Appointment of State Election Commission
8. Appointment of State Finance Commission
9. Constitution of Metropolitan and District Planning Committees

Actions has been taken by the state finance commission / state election commission.

Constitution of Municipalities:

1. NAGAR PANCHAYAT
• Very Small Urban Areas
• Tenure: 5 years
2. MUNICIPAL COUNCIL
• Smaller Urban Areas
• Tenure: 5 years
3. MUNICIPAL CORPORATION
• Larger Urban Areas
• Tenure: 5 years

Salient Features of Municipalities after Passing 74th CAA:

▪ Fixed 5-year term and continuity of operation

▪ Appointment for an election commission
▪ Constitution of metropolitan and district planning committees
▪ Constitution of finance commission for local governments (SC, ST, OBC & Women)
▪ Provision for reservation of seats
▪ Provision for reservation of seats of public offices (SC, ST, and Women)

❖ Further state government exercises its control over these bodies in several other ways:
1. Legislative, financial and administrative control
2. Control through government officials
3. Power to dismiss the Urban Local Institutions.

MUNICIPAL ACTS

What is a Municipal Act?

❖ Municipal Acts are legislations brought about by state governments to establish municipal governments,
administer them, and provide a framework of governance for cities within the state. Various processes
including rules for elections, recruitment of staff, and demarcation of urban areas derive from the state
municipal acts.
❖ Municipal acts existed in India before the introduction of the 74th CAA, but the Constitution did not
mandate the creation of local governments. The responsibility of local governance was placed under state
governments through the State List. The 74th CAA addressed these concerns by mandating the formation of
local governments and the creation of institutions such as the State Finance Commission and State Election
Commission.
❖ The respective state’s municipal act is the administering document for municipal governments but it follows the
guiding principles in the 74th CAA.

How do Municipal Acts Vary by States?

• 69 different municipal acts in India govern 3,941 statutory towns in the country (barring the statutory towns in
union territories, including Jammu & Kashmir, and Ladakh).
• Typically, the municipal acts are of three types –
1. State-wide general municipalities acts, (Municipality act)
2. Separate acts for establishing municipal corporations, (Municipal corporation act) and
3. Acts that are specific to individual municipal corporations. (Acts for specific M.corp)

• Of the 69 municipal acts in the country,

✓ 28 are state-wide municipalities acts,
✓ 15 are for state-wide municipal
corporations, while
✓ 26 are acts for specific municipal
corporations

• This means, most acts in the country are general municipal acts, which govern all municipal governments in
the state, including municipal corporations in case separate acts do not exist for them.

Why Do We Need Municipal Acts?

1. Cooperative governance.
2. Proper implementation of plans and policies.
3. Bridging the gap between local and national.
4. Common solutions for common problems.

❖ Five pre-independence colonial-era municipal acts that are still operational in the country are the
following:
1. Mumbai Municipal Corporation Act, 1888
2. Chennai City Municipal Corporation Act, 1919
3. Punjab Municipal Act, 1911
4. Uttar Pradesh Municipalities Act, 1916
5. Tamil Nadu District Municipalities Act,1920
• Two of these acts govern two of the biggest and oldest municipalities in the country, Mumbai and Chennai,
while the other three are state-wide municipal acts, with the one for Uttar Pradesh being used as a base in
Uttarakhand as well.
Andhra Pradesh Municipal Corporations Act, 1994:

• An act to provide for the establishment of Municipal Corporations in the state of Andhra Pradesh and for
matters connected therewith or incidental thereto.
• It extends to the whole of the state of Andhra Pradesh, except to the local areas covered by the Hyderabad,
Visakhapatnam and Vijayawada Municipal Corporations.

Telangana Municipal Act, 2019:

• The act was a result of several developments.

➢ With many Mandal headquarters now becoming district headquarters, rapid urbanisation took place in
tier-2 and tier-3 towns and cities in the state.
• More power to the state government as it can cancel any resolution passed by a civic body and can even
suspend chairpersons, wielding control over Urban Local Bodies (ULBs), through District Collectors.
• The Act also allows citizens to 'self-certify' plans for their plots and apply for property tax assessment online
if they have a plot size of less than 500 sq. metres.

ENVIRONMENTAL AND POLLUTION CONTROL ACTS

Environmental Legislation:
Environmental legislation intends to control environmental degradation which has become very serious issue in recent
years and to improve quality and health of the inhabitants.
Need of Environmental Legislation:
To control the exploitation of Nature and Natural resources by man for centuries through;
• Rapid Industrialization
• Population Explosion
• Uncontrolled Pollution
• Deteriorating quality of life
Environmental and Pollution Control Acts:
1. Wildlife (protection) Act -1972
2. The Water (Prevention and Control of Pollution) Act- 1974 amended in 1988
3. Water (prevention and control of pollution) Cess Act-1977
4. The Air (Prevention and Control of Pollution) Act- 1981
5. The Environment (Protection) Act-1986.
6. The forest (conservation) Act-1980 amended in 1988
7. The Hazardous waste Act-1989

1. Wildlife (Protection) Act -1972

Purpose: For protection of plants and animal species.
The Act established schedules of protected plant and animal species; hunting or harvesting these species was largely
outlawed.
• It has six schedules which give varying degrees of protection.
➢ Schedule I and part II of Schedule II provide absolute protection - highest penalties.
➢ Schedule III and Schedule IV are also protected, but the penalties are much lower.
➢ Schedule V includes the animals which may be hunted.
➢ In Schedule VI specified endemic plants are prohibited from cultivation and planting.
They impose fines on the offenders.
 2. The Water (Prevention And Control Of Pollution) Act- 1974 Amended In 1988
Purpose: To provide for the prevention and control of water pollution and the maintenance or restoring
wholesomeness of water. The Act specifically prohibits “any poisonous, noxious or polluting matter’ into any stream
or well.
• A consent (permission) from the State Board is required for any type of new discharge into any new stream or
well.
PENALTIES: Penalties for non-compliance with the permit or polluting in any way are imprisonment for three months
and fine of Rs. 10,000 or fine up to Rs. 5,000 per day of violation or both plus any expenses incurred by the Board for
sampling, analysis, inspection etc.

3. Water (Prevention and Control of Pollution) Cess Act-1977

• This law provides for the levy and collection of a Cess on water consumed by persons carrying on certain
industries and by local authorities, with a view to augment the resources of the Central and State Boards for
the prevention and control of water pollution constituted under the Water (Prevention and Control of Pollution)
Act, 1974.
• Collection of Cess was based on the quantity of water consumed. The State government had the authority to
collect the Cess from the industry.
4. The Air (Prevention and Control of Pollution) Act- 1981
PURPOSE: Prevention, control and abatement of air pollution.
• In this Act, power to declare air pollution, control areas has been given to the state government after consulting
the State Board. By this, it may control or even prohibit burning of certain materials in those specific areas.
• This Act requires approval prior to operating any industrial plant.
PENALTIES: Minimum of six months imprisonment to a maximum of seven years and fine up to Rs. 5,000 for every
day during which contravention continues.
5. The Environment (Protection) Act-1986
PURPOSE: To “provide for the protection and improvement of environment and for matters connected therewith.”
• The law included “the standards of quality of air, water, or soil for various areas and purposes, the maximum
allowable limits of concentration of various environmental pollutants procedures and safeguards for the handling
of hazardous substances.”
• This law requires that all companies must have some sort of a Spill Prevention Control and Countermeasures
Plan (SPCC).
PENALTIES: Penalty for contravention of the act may be punishable by imprisonment up to seven years or fine up to
Rs 1 lakh. Additional fine of up to Rs 5,000 for every day of violation.
6. The Forest (Conservation) Act-1980 Amended In 1988
PURPOSE: To provide for the conservation of forests and for matters connected therewith.
It was enacted by Parliament of India to control further deforestation of Forest Areas in India. It has five sections.
o Section 1 of the Act explains Short Title, Extent, and the Date of commencement.
o Section 2 of the act is about the restriction on the State Government for use of forest land for non-
forest purpose.
o Section 3 of the Act deals with constitution of Advisory Committee.
o Section 4 deals with power to make rules.
o Section 5 deals with repealing and saving.
7. The Hazardous Waste Act-1989
PURPOSE: Management and handling of hazardous substances.
Proper disposal is probably the most important aspect of any industry.
For this reason, guidelines have been issued under this set of rules.
1. Guidelines for Occupier/Generator of Hazardous Wastes
2. Guidelines for Transportation of Hazardous Waste
3. Guidelines for Owner/Operator of Hazardous Waste, Storage, Treatment and Disposal Facility
RENT CONTROL LEGISLATION:
Rent: Money or other consideration paid by a tenant to a landlord in exchange for the use and enjoyment of land, a
building or a part of a building.
Legislation: A law or set of laws suggested by a government and made official by a parliament
Or
The preparing and enacting of laws by local, state, or national legislatures.
Rent Control Act

• Rent Control Act was an attempt by the Government of India to eliminate the exploitation of tenants by
landlords. Rent legislation tends to providing payment of fair rent to landlords and protection of tenants
against eviction. But the allowances have been very generous and hence tenants residing in rental properties in
India since 1947 continue to pay rents fixed then, irrespective of inflation and the realty boom.
• A rental agreement refers to a relationship between the landlord and the tenant. It is legally binding upon the
parties. It may be brief, or it may have extra conditions or obligations. However, any changes or additions to
a rental agreement should be maintained in writing. The rental agreement is a ‘Legal Form’ which has to be
completed, signed and dated by the tenant and landlord.
• The landlord should get the agreement registered. The landlord must give the tenant a duplicate copy of the
rental agreement, failing which the tenant is not obligated to pay rent until the tenant receives a copy of the
rental agreement.
• For a lease agreement, the terms of the lessee (tenant) and the lessor (landlord) when they enter into a lease
agreement would include terms like

✓ There has been no damage to the tiling, plumbing, flooring or electrification and the premises are in the
proper condition.
✓ No major changes have been incorporated in the premises. If the lessee has made some changes, which are
not acceptable to the lessor, the latter may ask him to undo the changes.
✓ All the electricity and telephone charges have been taken care of till the specified date by the lessee or tenant
at the time of repossession.

Advantages of Rent Control

1. Housing becomes more affordable
2. Tenants are able to plan their future in a more secure manner
3. Rent control is especially important for people with a low income
4. Tenants may take better care of the property
5. Tenants may stay in rented homes longer

Disadvantages of Rent control

1. Right for freedom may be violated
2. Not necessary in some areas
3. Rent control may lead to the deterioration of buildings
4. Landlords may just ignore the rent regulations
5. Property prices may decrease
• The rental laws in India need to be revised to protect the owner and his/her property from the tenant. The
market forces should be allowed to determine the rental amounts and the owner must have full protection for his/her
property.
 LEGISLATION RELATED TO CONSERVATION AND
RESTORATION
Conservation:
A careful preservation and protection of something especially: planned management of a natural resource to
prevent exploitation, destruction, or neglect water conservation wildlife conservation.
Conservation is essentially an operation aimed at prolonging the life of an area’s natural environmental features,
preventing its natural or accidental deterioration in view of stabilizing their existing state while ensuring their
accessibility to present and future generations.
Restoration:
The action of returning something to a former owner, place, or condition. These actions
are only carried out when it has lost part of its significance or function through past alteration or deterioration.
Legislation Related To Conservation And Restoration Of Natural Resources
Natural resources: All natural endowments such as land, water, air, sunlight, forests, livestock, minerals and even
human beings can be referred to as a natural resource.
Indian Legislation Related To Conservation and Restoration of Natura Resources
• Environment (Protection) Act, 1986 (EPA)
• The Forest (Conservation) Act, 1980
• The Water (Prevention and Control of Pollution) Act, 1974
• The Wildlife Protection Act, 1972
• The Biological Diversity Act, 2002
• The Air (Prevention and Control of Pollution) Act, 1981
International Agreements On Conservation Of Natural Resources:
• Convention on International Trade in Endangered Species of wild fauna and flora (CITES), 1973
• Montreal Protocol on Substances that deplete the Ozone Layer (to for the Protection of the Ozone Layer),
1987
• Convention on Biological Diversity, 1992
• UN Convention on Desertification, 1994
Legislation Related To Conservation and Restoration Of Heritage Culture
Heritage Culture: Heritage culture shall include old buildings, artefacts, structures, areas and precincts of historic,
aesthetic, architectural, cultural or environmentally significant nature (heritage buildings and heritage precincts),
natural feature areas of environmental significance or sites of scenic beauty.

Indian Legislation Related To Conservation and Restoration of Heritage

• Ancient Monuments Preservation Act 1904

• Provisions of the AMASR Act
• The Ancient Monuments and Archaeological Sites and Romans Act 1958 (Amendment and Validation) Act,
2010 (Concurrent Act)
• National Heritage City Development and Augmentation Yojana (HRIDAY) 2015
• The Antiquities and Art Treasures Act,1972