THE ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES

AND REMAINS ACT, 1958

URBAN DESIGN AND CONSERVATION TUTORIAL - II

The AMASR Act provides for the preservation of ancient and historical monuments and
archaeological sites and remains of national importance. It provides for the regulation of
archaeological excavations and for protection of sculptures, carvings and other like objects. It
was passed in 1958. The Archaeological Survey of India functions under the provisions of this
act.
Under this act the Central Government has power to declare ancient monuments, archaeological
sites and remains etc., to be of national importance and their further Categorization and
classification. This act also tell about the owners under disability or not in possession; in such
cases the person is legally competent to be appointed to act on his behalf. Under this act an
applicant may make an application to the district judge to repair a protected monument: if the
estimated cost of repairing a monument does not exceed one thousand rupees. Under this act, if
the Director-General apprehends that the owner or occupier of a protected monument intends to
destroy, remove, alter, deface, imperil or misuse the monument or builds on or near the site,
should be in contravention of the terms of agreement of the act. The provision for the acquisition
and maintenance of protected monuments is also given in the act. It has some sections regarding
protection of worship place from misuse, pollution or desecration. Under the Protected Areas
Chapter, the act provides detailed conditions about the restrictions on enjoyment of property
rights in protected areas and power to acquire it.

The act also provides the regulations for archaeological excavations by licensed officer in
protected areas and areas other than protected areas along with Compulsory purchase of
antiquities, etc., discovered during excavation operations and Excavations, etc., for
archaeological purposes. For the Protection of antiquities this act gives Power to central
government to control moving, purchasing and compulsory acquisition of antiquities and then
compensation on the basis of market value for purchase, loss or damage. By the virtue of this act
there can be delegation of powers to any state government or official to vest the powers. Other
miscellaneous provisions given are for penalties, punishment, fines for construction, etc., in
prohibited or regulated areas, Offences by officers of Government and their trial, recovery of
amounts due to the Government. Under this act An Ancient monuments, etc., can also be ceased
to be of national importance by Central Government. If specified by the Central Government The
Director-General should conduct a survey or cause survey to be conducted in respect of all
prohibited areas and regulated areas for the purpose of detailed site plans and also ensure
Identification of unauthorised constructions on or after 16th June, 1992. Rest the Central
Government also has the Power to correct mistakes and Power to make rule etc for carrying out
the purposes of this Act.
FURTHER AMENDMENTS TO THE ACT -

The AMASR (Amendment and Validation) Act, 2010 -The Act prescribes the limits of the
regulated and prohibited areas around a monument by amending section 20 of the AMASR Act
1958. The Act prohibits construction in ‘prohibited area’, an area of 100 meters around the
protected monuments. It does not permit construction in such prohibited areas even if it is for
public purposes, except under certain conditions. The central government can extend the
prohibited area beyond 100 meters. Whereas 200 meters area from the protected limit of
centrally protected monument/site has been declared as the area has been declared as Regulated
Area for the said purposes. Repair/renovation of the existing structures in prohibited areas and
new constructions in regulated areas are permissible on obtaining permission from the National
Monument Authority/Competent Authority meant for such purpose. The Act also provided for
the creation of the National Monument Authority.

The Ancient Monuments and Archaeological Sites and Remains (Amendment) Bill, 2017 -
Seeks to amend the Ancient Monuments and Archaeological Sites and Remains Act, 1958 so as
to make way for certain constructions limited strictly to public works and projects essential to the
public within the prohibited area. The Bill amends this provision to permit construction of public
works in ‘prohibited areas’ for public purposes.

 Definition of ‘public works’: The Bill introduces a definition for ‘public works’, which
includes the construction of any infrastructure that is financed and carried out by the
central government for public purposes. This infrastructure must be necessary for public
safety and security and must be based on a specific instance of danger to public safety.
Also, there should be no reasonable alternative to carrying out construction in the
prohibited area.
 Procedure for seeking permission for public works: As per the Bill, the relevant
central government department, that seeks to carry out construction for public purposes in
a prohibited area, should make an application to the competent authority.
 If there is any question related to whether a construction project qualifies as ‘public
works’, it will be referred to the National Monuments Authority. This Authority will
make its recommendations, with written reasons, to the central government. The decision
of the central government will be final.
 If the decision of the central government differs from that of the Authority, it should
record its reasons in writing.
 This decision should be communicated by the competent authority, to the applicant,
within 10 days of receiving it.
 Impact assessment of proposed public works: The Bill empowers the National
Monuments Authority to consider an impact assessment of the proposed public works in
a prohibited area, including its (i) archaeological impact; (ii) visual impact; and (iii)
heritage impact.
 The Authority will make a recommendation, for the construction of public works to the
central government, only if it is satisfied that there is no reasonable possibility of moving
the construction outside the prohibited area.