Heritage Bye-laws

Government of India has amended the Ancient Monuments and Archaeological Sites & Remains Act 1958 in year 2010 to include certain newer sub-sections. One of the major amendments is the provision of Heritage Byelaws for Prohibited and Regulated Area for each centrally protected monuments/sites. In 2011, through a Gazette notification dated 23rd August 2011 Govt. of India has notified Ancient Monuments and Archaeological Sites and Remains (Framing of Heritage Bye-laws and other functions of the Competent Authority )Rules 2011. The rules provide certain parameters which shall be considered for the preparation of the Heritage Bye-laws.

Provisions of Heritage Bye-laws in AMASR Act 2010.

• 20 E (1) – The competent authority, in consultation with Indian National Trust for Arts and Cultural Heritage, being a trust registered under the Indian Trusts Act, 1882 (2 of 1882) or such other expert heritage bodies as may be notified by the Central Government, shall prepare heritage bye-laws in respect of each protected monuments and protected area.

• 20 E (2) – The heritage bye-laws referred to in sub-section (1) shall, in addition to such matters as may be prescribed, include matters relating to heritage controls such a elevation, facades, drainage systems, roads and service infrastructure (including electric poles, water and sewer pipelines)

• 20 E (3) – The Central Government shall, by rules, specify the manner of preparation of detailed sited plans in respect of each protected area or protected monument or prohibited area or regulated area, the time within which such heritage bye-laws shall be prepared and particulars to be included in each such heritage bye-laws. .

• 20 E (4) – The competent authority for the purpose of preparation of detailed site plans and heritage by-laws may appoint such number of experts or consultants as it may deem fit.

• 20 E (5) – A copy of each of the heritage bye-laws are prepared under sub-section (1) shall be forwarded to the Authority for its approval.

• 20 E (6) – A copy of the heritage by-laws as approved by the Authority under sub-section 5 shall be laid before each House of Parliament.

• 210 E (7) – Each heritage bye-laws shall, be made available by the competent authority to the public, by exhibiting the same on its website and also in such other manner as it may deem fit, immediately after laying the same before each House of Parliament.

Nineteen draft Heritage Bye-Laws are under consideration of NMA for finalisation before these are laid before the parliament.

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