Rules of Construction around Protected ASI Monuments, AMASR Act 1958
- September 23, 2023
- Posted by: OptimizeIAS Team
- Category: DPN Topics
Rules of Construction around Protected ASI Monuments, AMASR Act 1958
Subject: History
Section: Art and culture
Context: A Parliamentary panel has observed that the provision of 100-metre prohibited and 300-metre regulated area around all monuments protected by the Archaeological Survey of India (ASI) has pitted the local community against these heritage structures in many places as they find it difficult to carry out necessary repair work of their residential spaces.
- The Department Related Parliamentary Standing Committee on Transport Tourism and Culture has thus asked the government to revise the rules to make them realistic.
- It has also recommended rationalizing the application of such rules based on the historical significance of the monuments.
- In some cases, the entire village is within a radius of 300 metres, which makes it difficult for the entire village to carry out repair work of their residential houses.
- Such a situation in many places creates a hostile scenario, pitching the local community against the monuments.
- Another issue is that at present, the same set of rules apply to both significant and insignificant monuments.
- For example, the rules above apply identically to the iconic Ajanta and Ellora monuments and Kos Minars, unknown cemeteries and tombs etc.
- It also recommended that the list of all 3,691 ASI-protected monuments be rationalised and categorised based on their national significance, unique architectural value and specific heritage content.
- A quarter of the Centrally Protected Monuments are minor monuments with no national significance. The list includes, for instance, 75 graves of colonial-era soldiers or officials of no notable importance.
- It gave the example of a small brick wall enclosure containing two graves located in Kumta, Karnataka, which is a centrally protected monument under the supervision of the ASI. The structure had no architectural value, and the individuals were of no historical significance. Yet, they are supposed to get the same level of protection as the country’s most cherished monuments.
Legal Provision : AMASR Act 1958
The Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, 1958 is one of the landmark laws for the –
- Preservation of ancient and historical monuments and archaeological sites and remains of national importance (over 100 years old).
- Regulation of archaeological excavations and
- Protection of sculptures, carvings and other like objects.
- The Archaeological Survey of India (ASI) functions under the provisions of this act.
- The monuments are regularly inspected by the ASI officials to assess their present condition and the necessary conservation and preservation works are taken up as per the requirement.
- In the original Act of 1958, “ancient monument” is defined as “any structure, erection, or monument, or any tumulus or place of interment, or any cave, rock-sculpture, inscription, or monolith which is of historical, archaeological, or artistic interest and which has been in existence for not less than 100 years”.
- “Archaeological sites and remains” mean “any area which contains or is reasonably believed to contain ruins or relics of historical or archaeological importance which have been in existence for not less than 100 years”.
- The prohibited and restricted area provision was introduced in 2010 through an amendment to the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, 1958. It prohibits and regulates all activities like mining and construction around 100 metres and 300 metres.
- Section 20 of the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act of 1958, last amended in 2010, prohibits construction within a 100 metre radius of all Archaeological Survey of India (ASI)-protected monuments and regulates activities within another 300 metre
Kos Minars or Mile Pillars are medieval Indian milestones along the Grand Trunk Road that were introduced by the 16th-century ruler Sher Shah Suri.
They were erected to serve as markers of distance along royal routes.