2:31 am - Saturday June 23, 2018

FAQs

Q.1 Is it a fact that the law in regard to construction reconstruction repairs and renovation on the sites located in the prohibited areas and regulated areas of the protected monuments and protected areas have recently been
changed?

Ans. Yes, The Central Government has enacted the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010,which was published in the Gazette of India on 30.3.2010. As per the Act, certain provisions have been made in regard to construction, reconstruction, repairs and renovation in the prohibited and regulated areas of the centrally protectedm onuments. Thesep rovisions were notexisting in the PrincipaAl ct.

Q.2 Since whent he Amendment Act has come into force?

Ans. The AmendmenAt ct has come into force( except sections 3, 5,7 and 8 toI 1)on the 23′January 2010.

Q.3 What was the purpose for bringing the AmendmenAt ct?
Ans. The Act has been brought to further amend the Ancient Monuments and Archaeological Sites and Remains, Act, 1958 and to ensure that the ambience of the protected monuments is not spoiled because of modem constructions, especially the prohibited and regulated areas. The Amendment Act has also validated certain actions taken by the Central Govemment.

Q.4 What is the minimum limit fixed for prohibited area of the protected monuments?
Ans. The minimum limit fixed for prohibited area is 100 m from the protected monumenot or protected area.

Q.5 Cant he minimum limit fixed for prohibited area be extended also?
Ans. Yes.The minimum limit of 100 m may be further extended by the Central Govemment on the recommendation of the National Monument Authority as per the classification in view of the historical,historical, archaeological and
archaeological avlue and other factors which may be relevant.

Q.6 Who is empowered to categorize and extend the minimum limit of 100 m for thep rohibiteda rea?
Ans. The Central Govemment is empowered to categorize and extend the 100 m prohibited area on the recommendation of the National Monument Authoritv.

Q.7 Can the prohibited limit of i00m be minimized by the Central Govemmenitn respecto f protected monuments,archaeological Sites and remain?
Ans. No. The prohibited limit of 100m can not be minimized.

Q.8 What is the minimum limit fixed for regulated area of the protected monurnents?
Ans. The minimum limit fixed for regulated area is 200 m beyond the prohibited limit of the protected monumenot rprotected area.

Q.9 Can the minimum limit fixed for regulated area be extended also?
Ans. Yes. The minimum limit of 200 m may be further extendedby the Central Governmenot n the recommendation of the National MonumentA uthority as per the classification in view of the historical, archaeological and archaeological value and other of actors which may be relevant.

Q.l0 who is empowered to categorize and extend the minimum limit of 200 m for the regulated area?
Ans. The Central Government is empowered to categorize and extend the 200 m regUlated area on the recommendations of the National Monument Authority.

Q.1l Can the regulated limit of 200 m be minimized by the CentralGovernmentlnr especto f protectld monuments, archaeological sites and rernains?
Ans. No. The regulated limit of 200 m can not be minimized.

Q.12 What is possible to do in the prohibited area of the protected monument and protected area?
Ans. Repairs and renovation of the buildings or structures which were in exiitence in the prohibited area before l6th day of June, 1992 or which had been subsequently constructed with the approval of the Director General.

Q.13 What is not possiblein the prohibited area of the protected monument and protected area?
Ans, Construction or any other related activity.

Q.l4 What are the activities which are not covered under the definition of construction?
Ans. Any reconstruction, repair and renovation of an existing structure or buiiding or construction, maintenance and cleansing of drains and drainage works and of public latrines, urinals and similar conveniences,or. the construction and maintenance of works meantfor providing supply Of water for public, or, the construction or maintenancee, xtension, managemenft or zupply and distribution of electricity to the public or provision for similar facilities for public.

Q.15 What is possible for the Archaeological Survey of India to do in the prohibited area of the protected monuments and protected areas?
Ans. The Archaeological Survey of India may undertake construction or reconstruction with in the prohibited area in view of better protection, preservation, presentation and up gradation of the protected monuments or protected areas.

Q.l6 What is possible for the Archaeological Survey of India to do in the
regulated area of the protected monument sand protected areas?

Ans. The Archaeological Survey of India may undertake construction or
reconstruction within the regulated area for better protection,
preservation, presentation and upgradation of the protected monuments or
protected areas.

Q.l7 What is the definition of reconstructioans per the Amendment Act, 2010?
Ans. The definition means any erection of a structure or building to its preexistings tructureh, avingt he sameh orizontal and vertical limits.

Q.l8 What is the definition of repairq and renovation as per the Amendment Act,2010?
Ans. The definition meansa lterationsto a pre-existings tructure or building, but shall not include construction or reconstruction.

Q.l9 Cant he Government or Semi-Govemment or Public Sector Undertakings carry out any constructionin the prohibiteda rea?
Ans. No. Except the activities which are not covered under the definition of construction.

Q.20 Has the permissions or licences granted in the prohibited areaby the Central Government or the Director General duringt he period beginning on or after 16.6.1992 and the date the Amendment Bill, 2010 or eceived the assent of the President been validated by the Amendment Act, 2010?
Ans. Yes. The permissions/licencgersa nted by the Central Govemment or the Director General on the recommendations of the Expert Advisory Committee have been validated.

Q.2l Has the permissions or licences granted in the regulated area by the Central Government or the Director General during the period beginning on or after 16.6.1992 and the date the Amendment Bill, 2010 or eceived the assent of the President been validated by the Amendment Act,2010?
Ans. Yes. The permissions/licences granted by the Central Govemment or the Director General or the Superintending Archaeologist (within the powers delegatetdo them)for construction or reconstruction in ther eguratead area have been validated.

Q,22 To whom the owner or occupier of an existing building or struture locatcd within the prohibited area of the protected monument orprotected site approach for grant of permisins for repairs and renovatoin?
Ans Tho owner or occupier of an exiting building or struture locked within the prohibited area or the protected monument or protected site may approach the competent Authority for grant of premission for repairs and renovation.

Q.23 can the ownner or occupier of the building or structure located within the prohibited of the protected monument or procted site which the Central Govemments or Directer General had granted permission for construction or reconstruction also approach the Competent Authority for repairs and renovation?
Ans. Yes’ All such requests could be addressed to the competenAt Authority.

Q,24 who is the competlnt Authority to whom such reeuest for repairs and renovation in the prohibited area should be addressed?
Ans. The intersted person may-approach he competent authority who has been duly specifeied in the offical GeZette by the Contral Govcrnment to perform the functions as per the provisions of the Amendment Act, 2010.

Q.25 Has the central Govcrnment appointed competent Atuthority for the entire country or a number of such Competent Authority have been notified by the central Government to aperate Within specified Jurisdiction?

Ans, It is clarfied that the Central Government has not yet formally specified the Competent Authorities by notification in the official Gazette. But, the Competent Authorities are likly to be specified by notification in the Official Gazette formally for different parts of the country with restricted jurisdication, The jurisdication is likly to be at per eith the jurisdication of the Circles of the Archaeological Survey of India.

Q.26 How will people come to know to whom they are to appeoach for grant of permission for repairs and renovation in the prohibited in the regulted area construction, recontruction, repairs and renovation in the regulted area of the protected monuments and protected sites?
Ans. The Competent Authorities shall be notified in the offcial Gazette of the Central Government. Besides, the notification shall also be displayed on the official website of the Archaeological Survey of india. the Government may also consider to bring in advertisement in the newpapers specifving the Competent uthorities with their respective jurisdication for the Knowledge of the people.

Q,27 Has the central Government specified the manner in which apprioation for grant of permission for repairs and renovation of the existing building or structure is to be made to the Competent Authority?
Ans. such details shall be taken care of in the rules for implementation of the the Central Government.

Q.28 Has the central Government fiinalized the rules for Implementation of the Ancient of the Monuments and Archaeological sites and Remains (Amendment and Validation) Act, 2010?
Ans. The draft rules have been got prepared and vetted by the Ministry of law (Legislative Department). After obtaining the approval of the Central Government, the rules shall be notified in the Official Gazette.

Q.29 How much maximum time rimit has becn fixed for thc competent Authority to process the request made by the applicant under section 20(C) of the e Amendment Act for grant of permission?
Ans. 15days.

Q.30 what happensin respect of the applications received by the competent Authorities for construction (including the impact of large scale development project, pulic project and project essential to the public)?
Ans. The Competent Authorities shall within 15 days of the receipt of the application forward the same to the National Monument Authority to consider and intimate impact of such construction in relation to the heritage bye-laws of the respective protected monument or protected site.

Q.31 Has the Act any provision for categorization of aplications in respact of Which permission amy be granted under section 20D (1) and the application which shall be referred to the National Monument Authority for recommendation?
Ans. Yes, Section 20D (2) provides that the Central Governmemnt may prescribe the category of application in which permission may be granted and the applications which shall be resferred to the National Monument Autgority for recommendation.

Q.32 Has the Central Government already made category of the application for the purpose of section 20D(2)?
Ans. Not Yet. An exercise to this effect is under way.

Q.33 How much time has been precribed for the National monument Authority to intimate the impect of such construction (including the impect of large scale develoment project, public project and project essential to the public?
Ans. The NME is required to intimate to the Competent Authority the impect of construction (including essential to the public) within two monhs.

Q.34 How much time has been prescribed for competent Authority to either grant permission or refuse the same as per the recommendation of the National Monument Authority in respcct of congtruction (including the impact of large scale development project, public project and project cssentiao the public)?
Ans. One month time has been prescribed for the Competent Authority to convey the permission or refusal as the case may be to the applicant.

Q.3s Has the Competeni Authority powers to"’over rule or alter the recommendationgsi ven by the NMA?
Ans. No. The recommcndations of the NMA shall be final. The Competent Authority has no power to over rule or alter the recoommendations of the NMA.

Q.36 What is the procedure for conveying refusal to grant pormirsion in respect of construction (including the impact of large scale development proJoct, publio project and projecte esential to the public)?
Ans. Tha Competent Authority in such cases has to issuo an order in writing, after giving an opportunity to the concemed person with in three months from the date of receipt of the application to the applicant, Central Governmant and NMA.

Q.37 Has the Compotent Authority any responsibility to oversoet he work in progress after the permission for repairs or renovation reconstnrction or constnrction has been granted by him?
Ans. Yes. He is required to keep a watch on such activity after the permission has been Eranted to ensure that such activities are not likely to cause any adverse impact on the prcservation, safcty, security or aocecs to the monumenct onsiderably.

Q.38 What is his role in case some adverso impact is likely to cause on the ongoing work for which permission has been grantd?
Ans. recommendations and if so recommended ,he may withdraw the permission granted, if required.

Q.39 Is there any provision in the Act for the competent Authority to grant permission to the applicant in cxceptional casos for corutruction or mreconstruotion or repairs and renovation of building or structure in the prohibited area or regulated area until the heritage bye-lawes have been prepared and publishad as per the requirements of the AmendmenAt ct, 2010?
Ans. Yos. In exceptional cases the Competent Authority with the approval of the NMA may grant permission to the applioant for constnrction or reconstruction or repairs and renovation of building or structure in the prohibited areas or regulated areas until the heritage bye-laws have been propared and published as per the requirement of the Amendment Act,2010.

Q,40 what is the procedure to make available the details to the public in respect of permissions grant or refused as per the"Amendmen Act?
Ans. All permissiongs granted or refused are required to be exhibited on the websites f the central Government or the director Genral.

Q.41 who is responsible for preparation of heritage bye-laws?
Ans. The competent Authority is responsible to prepare heritage bey-laws in respect in of each protected monument and protected ,area in consultation with INTACH or such or othere xpert heritage bodiers,as may be notified by the Central Government.

Q.42 What would be the components of heritage bye-laws?
Ans. In addition to such matters as may be prescribed the heritage bye-raws may include controls as elevations, facades, drainage systems, rads and service infrastructures (including eletric poles, water and sewer pipelines).

Q.43 What would be the manner in which the detailed site plans for each protected monument or protected area or prohibited area or regulated area are to be prepared as per the Amenndent Act?
Ans. The rules to be notifield under the Amendment Act shall adderss this issue.

Q.44 Has ancy time limit been presscibed in the Act for the prepantion of drtailed site plans?
Ans. No time limit has been prescribed in the Act. this aspect has to be dealt with by the rules to be notified under the Act.

Q.45 who is requied to assist the Competent Authority in preparation of details site plans and heritage bye-laws?
Ans. The competent Authority may appoint such number of experts or consultants as it may deem fit for the preparation of detailed site plans and heritage bye-laws.

Q.46 Is approvel of heritage bye-laws essential by any authority?
Ans. Approvel of heritage bye-laws the National Monument Authority is essential.

Q.47 Is it statuary to lay the duty approved heritage bye-laws before the Parliament?
Ans. Yes, The approved heritage bye-laws are required to be laid before both the Houses of the Parliament.

Q.48 How will public come to know about the heritage bye-laws?
Ans.The heritage bye-laws are required to be exhibited in hte website and also the manner it may deem fit immemdiately after laying the same before each House of the Parliament by the Competent Authority for the knowledge of public.

Q.49 What constitutes the National Monument Authority?
Ans. Ths NMA shall constitutes a Chairperon fivc whole-timc and fivc part-time members and the Director General, as member, ex-ofticio,

Q.50 Who shall appoint the Chairporson of thE NMA?
Ans. ThE PresidEnt of India shall appoint Chairperson, having proven experience and expertise in the fields archeology, country and town planning, architecturee heritage, conservhtioan architecture or law.

Q.51 What is tha procedure for appointment of whole-time and part-time Members of the NMA?
Ans. A Selection Committee comprisinge Cabinet Seordary (Chairporson, ex offrcio), Secretary in the Ministry of Culture (Membor, ex’officio), Secrotary in the Ministry of Urban Development (Member, ex-officio) and three experts having proven expericnce and expertise in the fields of archaeology, architecture, heritage or conssrvation architocture. The experts area to be nominated by the Central Govemment.

Q.52 What is the procedure for selection of whola-time members and part-time members of the NMA?
Ans. The selection Comrnittee shall foemulate its own procedure for selection of whole-time and part-time members,

Q.53 What would be the tenure of Chairperson,and members of the NMA?
Ans, The tenure of Chairperson or whole-time or part-time members of the NMA shall be three years from the date on which he assume the office.

Q.54 Can the Chairperson or whole-time membcrs or part-time membors reappointed?
Ans. The Chairperson or whole-time members or part-time can not be reappointed.

Q,55 What are the disqualifications for appointment as Chairperson or wholetime membereo r part-timcm cmbcrs?
Ans. Following are he disqualifioations for the appointment as Chairperson or wholc-time or part-time members:
(a) any person who have held any post in the ASI,
(b) any person who have held any post in the Ministry of Culturc of the Government of India or a State Government,
(c) any person who has not been found fit to be consider for being appointed to any such post.
(d) any person who had either been granted a permison or licence or refused any such permission or refused grant of a licence or any person or any of his relative having any interest in a prohilited area or a regulated area.

Q.56 Has the Amendment Act contain any definition of relative?
Ans. The defination of the relative as Per the Act is as under:
(i) spouse of the chairperson or member of the Authority;
(ii) brother or sister of the chairperson or member of the Authority;
(ii) brother or sister of either of the parents of the chairperson or member of the Authority;
(iii) brother or sister of the spouse of the parents of the chairperson or member of the Authority;
(v) any lineal ascendant or descendant of the chairperson or member of the Authority;
(vi) any lineal ascendant or descendant of the spouse of the chairperson or member of the Authority;
(vii) spouse of the person referred to in clauses (ii) to (vi).

Q.57 Who can be the Member Secretary of the NMA?
Ans. An oflicer not below the rank of Joint Secretary to the Government of India could be the Menrber Socretary of the NMA.

Q.58 Who will provide tho support staff for the NMA?
Ans The Central Government’has the responsibility to provide such number of offrccrs and other employees as per requirement for functions by the NMA.

Q.59 Who will provide tho support staff for the NMA?
Ans. No, The has to regulate its owh procodure for the purpose of holding the meetings aincluding the quorum.

Q.60 What has been prescribed in the Act to make public the docisions of the NMA?
Ans. The decisions of the NMA arer equired to be exhibited in its own website and on the website of the Central Govemment.

Q.61 What are the functions of the NMA?
Ans. The functions of the NMA areas under:
(i) to recommend to the Central Government for gradinga nd classifying protected monuments and protected areas declarped as of national importance prior to enactment of the Ansient Monuments and Archaeological sites and Remains (Amendment and validation) Act,2010.
(ii) to recommend to the Central Govemment for grading and classiffying protected monuments and protected areas which may doclared as of national importance after the enactment of the Ancient Monuments and Archaeological Sites and Remains(Amendment and validation) Act,2010.
(iii) oversee the working of the Competent Authorities,
(iv) to suggest measures for implimentation of the provisions of the Amendment Act.
(v) to consider the impact of large scale development projects, including public projects and projects essential to the public whiche may be proposed in the regulated area and make recommendations in respect there of to the Competent Aythority.

Q.62 what Judicial powers the NME has in discharge of its functions?
Ans. It has the game power as are vested in a civil court under the Code og Civil Procedure, 1908 while trying a suilt in respect of the following:
(A) summoning and enforcing the attendance of any person and examining him on oath;
(B) requiring the discovery and production of doocument;
(C) any other matter which may be precsibed.

Q.63 Can the Chairperson or the whole-time or part-time members of the NME be removed from the office?
Ans. Yes, In case of the following:
(a) has been adjudged an insolvent; or
(b) has been convicted of an offence which, in the opininon of the Central Government, involves morel trupitude; or
(c) has become physically or mentally incapable of acting as chairperson or member; or
(d) has acquired such financial or other intersts as is likly to affect prejudicially his functions;or
(e) has so abused his position as to render his continuance in office prejudiacial to the pulice interest.(however,in respect of (d) and (e) an opportunity has to be given of being heard in the matter)

Q.64 Does the Central Government possess any authority to issue directions to the Competent Authrity Which could be binding on him?
Ans. Yes, The Competent in exercise of its bound by the dicections of the Central Government in exercise of its powers or discharge of functions, Such directions could be givin in writing to the Competent Authority from time to time.

Q.65 Has the Central Government powers to supersede the National Monument Authority?
Ans. Yes. If the Central Government is of the opinion:
(a) NME is unable to discharge the funtions or perform the duties as per the Act,
(b) The NME is persistently denfaulting in compliance of directions by the Central Governrnent or in discharge of functions or performance of the duties imposed and as a result the financial position of the NMA or its administrationis suffering,
(c) The circumstansces existing in the public interest to do so,the NMA could bc superscded by the Government by notification in the Official Gazette for such period, not exceeding six months,and appoint a person or persons as the President may direct to cxeroise powers and discharge functions under the Act. The Central Government shall, however,give reasonable opporturity to the NMA to make representations against the proposed supersession and consider the representations so made by the NMA.

Q.66 happens when the NMA is superseded?
Ans. After suporsession of the NMA;
(a) the Chairperson and the members shall vacate their offices,
(b) the powers,functions and duties shall be discharge by the person or persons appointed by the President.
(c) tha properties owned or contolled by tha NMA shall vost in the C entral Govommcnt till the NMA is reconstituted.

Q.67 How is the NMA reconstituted?
Ans. The central Government on or before the expiration of the period of supersession shall constitute the NMA by fresh appointment of the Chairperson and whole.time members and part-time members.

Q.68 shall the chairperson or the whole-time and part-time members of the suparseded NMA be eligible for reappointment?
Ans. There is no disqualifisation for such persons subjcct to sub-section3 of section 20F for the remaining period.

Q,69 Is it essential for the Central Government to issue notification and lay an action taken report on the table of both the Houses the parliament?
Ans. Yes.

Q.70 Do the civil sourts or any other authority have the jurisdiction to interfcre in the declsion taken by the NMA or to grant any injunction on action taken or to be taken by the NMA as per the powers given?
Ans. No, The Civil courts have no authority to interfere in the decisions of the NMA or grant any injunction on action taken or be taken by the NMA as per the powers given under the Amendment Act.

Q.71 Is there any provision in the Amendment Act for submission of Annual Report on the activities of the NME to the Central Government and laying the same on the table of each House of the Parliament?
Ans. Yes. The NMA is required to submit an Annual Report in the format to the prescribed by the Central Government giving full description of all the activities of the NMA for the previous year. A copy of the Report is to be laid before each House of the parliament.

Q.72 can the NMA or Competent Authority be directed by the Central Government to furnish any information?
Ans. Yes. the Central Govemment may direct the NMA or the Compertent Authority in writing to furnish such information, in such form and manner as may be prescribed relating to its affairs.

Q.73 Is there any provision in the Amendment Act to enhance the penalties for whoeve,
(a) destroys, removes, injues, alters, defaces, imperils or misuses a proteced monument, or
(b) being the owner or occupier of a protected monument, contravenes an order made under sub.section (i) of swtion 9 or under sub.section(ii)of section 10,or
(c) removes from a protected monument ay sculpture, calving’ image, bas-rolief, in scription, or other like object, or
(d) does any act in contravention of sub-section(ii) of section 19, shall be puniehable with imprisonment which may extend to two yars, or with fine which may extent to one lakh rupees, or with both.
Ans. Yes, As per the Amendment Act, 2010 whoever does any such acts shll be punishable with imprisonment which may extend to two years, or with fine which may extend to one lakh rupees, or with both. Earlier to the enactment of the Ancient Monuments and AphaeologicEl Sites and Remains (Amendment and validation) Act, 2010, the penalty was imprisonment upto three months or with fine five thousand rupees or With both.

Q.74 Is there any punishment proposed for undertaking constnrction, etc. in the prohibited area?
Ans, Yes. Whoever, raisos any construction in the prohibited area shall be punishablo with imprieonment not cxceeding two years or with fine which may exted to one lakh rupees or with both.

Q.75 ls there any punishment proposod for rurdertaking construction, etc.in the regulated area?
Ans. Yes. Whoever, raises any construction in the regulated area shall be punishable with imprisonment not exceeding two years with fine which may extend to one lakh rupees or with both.

Q.76 Is there any penalty provision for the officers of the Government committing any offence related to construction or rcconstruction taking place in a prohibited area or regulated area?
Ans. Yes, if any officer of the Central Government enters into or acquiesces in any agreement to do, abtains from doing, permits, conceals or connives at any act or thing whereby any construction, reconstruction takes place in a prohibited area or regulted area, he shall be punishable with imprisonment for a term which may extent there years, or with fine, or with both.

Q,77 who is responsible for conducting a survey in respect of prohibited areas and regulted areas for the purpose of detilted site plans?
Ans. As per section 35A, the Directer General has been specified to be responsible for conducting survey or cause survye to be done in the prohibited areas and regulted areas for the detailted site planes, A report in respect of each such survye shall be forwarded by the Directer General to the contral Government and the NMa.

Q.78 iS there any provision in the Act to identify the unauthorized constructions underaken in the prohibited areas and regulted areas of the protected monuments after 16th june, 1992?
Ans. Yes, the Directer General is responsible for identification or cause identification to be done, all constructions of whatever nature carried out on and after 16th june, 1992 and from time to time a report there of to the Central Governent.

Q79 Has the Directer General any authority to seek information from the local bodies and other authorities in respect of identification of unauthorized contrusctions?
Ans. Yes, Directer General has the authority as per section 35B(2) to seek information from the local bodies and other authorities in this respect.