ITM SCHOOL OF ARCHITECTURE & TOWN PLANNING

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Class: B.Arch. X Semester Studio Directors:

Session: 2016-2017 Ar.Vikram Singh

Subject: AR – 1003 Development Legislation

READING MATERIAL
Chapter 12

The elements of the Ancient Monument (Site and Remains) Act 1956.

City Development and its effect on Ancient Monuments:

Haphazard growth of cities.

Indiscriminative road widening schemes.
Clearance schemes.
Exposure of old quarters to speculative forces.

Conservation in India:

Mere archaeological protection of few ancient monuments.

Why should ancient monuments be conserved?

1) Because of their architectural value.

2) Because it is the way the cultural heritage of one generation is passed on to its next one.
3) They give an identity to a city - to people - with whom one can associate - be proud of.

To conserve and protect

1) We need control guidelines.

2) To implement the guidelines we need proper legislation.

Historical background on legislation on conservation:

1) Beginning of archaeological studies made by William Jones - founder of Asiatic society- 1784,
concerned with antiquities-arts, science, literature.
2) Archaeological Survey of India established in 1861. By 1902 ASI has assumed a dynamic role -
to survey, explore and excavate.
3) The first act by Central Govt. – Ancient monument Preservation Act 1904

Functions of Ancient Monument Preservation Act 1904

 Prevent excavation by unauthorized persons of sites of historic interest and value.

 Preservation of ancient monuments.
 Preservation of objects of archaeological, historical and artistic interest.
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4) The concept, monuments of national importance was introduced by the Ancient and Historical
monuments and Archaeological sites and Remains Act 1931.
5) Ancient Monuments and Archaeological sites and Remains Act 1958 – repealed acts of 1904 and
1931.
6) In exercise of powers conferred by the Act of 1958-

The Central Govt framed the Ancient Monuments act and Archaeological Sites and Remains Rules,
1959 which prescribed:

a) Procedural details related to public access to the monuments.

b) Control over excavation
c) Control over developments in the vicinity of monuments

Basic concepts and procedures under the Act:

1) Objectives of the Act:

a) Preservation of ancient and historical monuments and archaeological sites and remains of
historical importance.
b) Regulation of archaeological excavations.
c) Protection of sculptures, carvings and other like objects.

Should it be preservation or conservation?

Whereas to preserve means to keep safe from harms, to keep alive, to keep in existence, to keep or
guard against decay, to conserve means to keep entire, to retain, and to preserve.

Conservation means the art of conserving- old building blocks, flora and fauna, environment of the
two, The act preferred to use the word “Preservation” though architects think that the word
conservation is more comprehensive.

1) Definition of the ancient monument: The monument must be of historical, archaeological or

artistic interest.
2) It must be in existence for not less than 100 years
3) Further classified in section2(a) that ancient monuments includes-
 The remains and the site of the monuments.
 The land portion required for fencing or covering or preserving the monuments.
 The means of access to the buildings.

The meaning of archaeological sites or remains:

Means an area which contains or is reasonably believed to contain ruins and relics in existence for not
less than 100 years and includes portion of land required for fencing, covering or preserving it or the
means of access.

The meaning of the word “A Protected Area”:

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Means any archaeological sites or remains which are declared by the Central Govt to be of historical
importance.

It is not confined to merely a building or a group of building - but can mean a street, a square, an entire
town or even a region.

1) Procedure for the declaration of the monument or sites of national importance:

Central govt gives notification in official gazette - a 2 months notice for its intention to declare
the ancient monument or site of national importance.
Copy of notice of affixed at conspicuous place near the monuments. It is also served to the owner
if known.
Any person interested can object to the said intention.
On expiry of two months, after considering the objection- the Govt. can declare by notification in
gazettes that the monument or site is of national importance.

Criteria for declaring monument of National importance:

Act contains no guidelines.

So the usual criteria are:

1. Uniqueness of monument.
2. Its being representative of an important epoch in history.
3. Its association with the life of a great national leader or personality.
4. Of being of outstanding architectural, artistic or archaeological value.
5. Not being under intensive use by public.

Ownership of protected monument:

Can be
1) on land owned by the govt
2) or continue to be under private ownership subject to agreement between owner and govt.

Acquisition of the proprietary rights or custody of the protected monuments:

Custodian- Director General

1) Purchased or taken on lease or accept a right or bequest the monument after getting sanction of
the govt.
2) By notification in gazette, assume guardianship of the monument in case where there is no owner.
3) Compulsory acquisition of the monument.

1) Regulation for archaeological excavation:

To stop danger of unscientific excavation by amateur archaeologist leading to destruction of

valuable material – The Act 1958 provides no person other than an archaeological officer or a
licensee should undertake exaction in protected area.

And this too after giving notice to the collector and the owner.
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De-notification of Protected Monument and Area:

Applicable when govt. is of the opinion that a protected monument has ceased to be of national
importance.
1) notification in official gazette

Why this happens?

a) collapse of monument in earthquake

b) demolition because of washing away due to floods

Punishment for misuse of Monuments; 1958 Act provides penalties in cases of:

1) Misuse and abuse of monument

2) removal of any sculpture
3) refuse to enter an agreement
4) make any construction
5) quarrying without permission

Punishment :
Rs 5000,
3 months imprisonment
or both.

Development control in the vicinity of the monument:

To ensure that no development whatsoever takes place within a certain minimum distance from the
monument.

To see that monument would not be dwarfed due to high rise building in its vicinity.

Development in harmony.

View, vista to remain.

Recommendation of Indian National Commission on Urbanization

Conservation to go beyond preservation.

Rules to be amended to encourage conservation of living environment.

City planning to encourage conservation of old city areas.

Distinct fiscal and other incentives offered to encourage conservation.