Under the provision of section 4 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, ancient monuments and archaeological sites and remains, which are of historical, archaeological or artistic interest, and have been in existence for not less than 100 years, may be declared by the Central Government as of national importance.
Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act 2010, was enacted to make provision for the validation of some govt. actions.
Some new provisions in the Act are:
- enhanced punishment for violators (up to two years' imprisonment);
- punishment for Government officials who connive (up to three years' imprisonment);
- setting up of National Monuments Authority; setting up of local level Competent Authorities;
- framing monument-specific Heritage bye laws and so on
Providing for a National Monuments Authority (NMA), which will have a full-time chairperson, five full-time and five part-time members, having experience in the fields of archaeology, town and country planning, architecture, heritage and conservation, is one of the highlights of the amended Act.
A set of competent authorities by the Central Government for each protected monument and prohibited area will also be formed which shall prepare heritage bye-laws on the basis of detailed site plans prepared by ASI.
‘Regulated area' and ‘Prohibited area' defined clearly in the Act, AMASR 2010
- ‘Regulated area' - 200 m from the protected monument
- ‘Prohibited area'- 100 m from the protected monument
No permission for any construction of public project or any other nature in the prohibited area, however repair and renovation permission may be granted by the Competent Authority on the recommendation of NMA.
Permission for construction, repair , renovation or reconstruction in the regulated area on the basis of recommendation of NMA and taking into consideration the bye laws of the monument concerned.
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