MEMBERS' REFERENCE SERVICE LARRDIS LOK SABHA SECRETARIAT, NEW DELHI LEGISLATIVE NOTE. No.47/LN/Ref./November/2017

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1 MEMBERS' REFERENCE SERVICE LARRDIS LOK SABHA SECRETARIAT, NEW DELHI LEGISLATIVE NOTE No.47/LN/Ref./November/2017 For the use of Members of Parliament NOT FOR PUBLICATION 1 THE ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS (AMENDMENT) BILL, 2017 Prepared by Shri Jayadev Sahu, Additional Director ( ) and Smt. Lata Bansal, Joint Director of Lok Sabha Secretariat under the supervision of Smt. Kalpana Sharma, Joint Secretary and Smt. Anita Khanna, Director The Legislative Note is for personal use of the Members in the discharge of their Parliamentary duties, and is not for publication. This Service is not to be quoted as the source of information as it is based on the sources indicated at the end/in the text.

2 THE ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS (AMENDMENT) BILL, 2017 The Ancient Monuments and Archaeological Sites and Remains Act, 1958 was enacted to provide for the preservation of ancient and historical monuments and archaeological sites and remains of national importance, for the regulation of archaeological excavations and for the protection of sculptures, carvings and other like objects. At present, there are 3686 protected monuments of national importance including 22 World Heritage Monuments under the Archaeological Survey of India (State-wise number of centrally protected monuments under the jurisdiction of ASI is given in Annexure-I). The 1958 Act, prohibits construction of any building within the protected area or carry on any mining, quarrying, excavating, blasting or any operation of a like nature in such area, or utilize such area or any part thereof in any other manner without the permission of the Central Government. The said Act was amended in 2010, which, inter alia, under section 20A allows the Central Government or the Director General of Archaeology, to grant permission for such public works or projects essential to the public or other constructions which in its opinion, shall not have any substantial adverse impact on the preservation, safety, security of, or access to, the monument or its immediate surroundings, to be carried out in a prohibited area in respect of a protected area or protected monument 1. The National Monuments Authority (NMA) under the Ministry of Culture, Government of India has been setup as per provisions of the Ancient Monuments and Archaeological Sites and Remains AMASR (Amendment and Validation) Act, Several functions have been assigned to the NMA for the protection and preservation of monuments and sites through management of the prohibited and regulated area around the centrally protected monuments. One amongst these responsibilities of NMA is also to consider grant 1 Every area, beginning at the limit of the protected area or the protected monument, as the case may be, and extending to a distance of 100 metres in all directions shall be the prohibited area in respect of such protected area or protected monument. ( Section 20A- The AMASR(Amendment and Validation) Act,2010)

3 2 of permissions to applicants for construction related activity in the prohibited and regulated area. It is felt that the prohibition of new construction within prohibited area of a protected area or protected monument, is adversely affecting the various public works and developmental projects of the Central Government. In order to resolve the situation arising out of the prohibition on any construction under section 20A of the Act, a need has been felt to amend the Act to allow for construction works related to infrastructure financed and carried out by any Department or office of the Central Government for public purposes which is necessary for the safety or security of the public at large. The Ancient Monuments and Archaeological Sites and Remains (Amendment) Bill, 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 public within the prohibited area (A comparative statement of the provisions of the Principal Act and the Amendment Bill is given at the Annexure-II). Highlights of the Bill: Definition of public works : The Bill defines public works, which means the construction of any infrastructure that is financed and carried out by the Central Government for public purposes. This infrastructure must be necessary for the public safety and security and must be based on a specific instance of danger to public safety or security. Also, there should be no reasonable possibility of any other viable alternative to carrying out construction beyond the limits of the prohibited area. Procedure for seeking permission for public works: 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. 2 The Ancient Monuments and Archaeological Sites and Remains (Amendment) Bill, 2017 was introduced in Lok Sabha on 18 July 2017.

4 3 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 of the Central Government determining a construction work as public work 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 construction of public works to the Central Government, only if it is satisfied that there is no reasonable possibility of any other viable alternative for shifting such construction work beyond the limits of the prohibited area. Sources Consulted: 1. The Ancient Monuments and Archaeological Sites and Remains (Amendment) Bill, The Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Bill, The Ancient Monuments and Archaeological Sites and Remains Act, PIB Release dated Ministry of Culture, Annual Report Lok Sabha Unstarred Question No dated

5 4 Annexure-I NUMBER OF CENTRALLY PROTECTED MONUMENTS/ SITES UNDER THE JURISDICTION OF ARCHAEOLOGICAL SURVEY OF INDIA IN THE COUNTRY Sl.No. Name of State/UT Monuments/Sites 1. Andhra Pradesh Arunachal Pradesh Assam Bihar Chhattisgarh Daman & Diu (U. T.) Goa Gujarat Haryana Himachal Pradesh Jammu & Kashmir Jharkhand Karnataka Kerala Madhya Pradesh Maharashtra Manipur Meghalaya Mizoram Nagaland N.C.T. Delhi Odisha Puducherry (U.T.) Punjab Rajasthan Sikkim Telangana Tamil Nadu Tripura Uttar Pradesh Uttarakhand West Bengal 136 TOTAL 3686

6 5 Annexure-II The Ancient Monuments and Archaeological Sites and Remains Act, 1958 Section 2 of the Principal Act deals with definitions. Section 20 A deals with the Declaration of prohibited area and carrying out public work or other works in prohibited area. The Ancient Monuments and Archaeological Sites and Remains (Amendment) Bill, 2017 In section 2, after clause (j), the following clause shall be inserted, namely: (ja) public works means construction works related to infrastructure financed and carried out by any department or offices of the Central Government for public purposes which is necessary for the safety or security of the public at large and emergent necessity is based on specific instance of danger to the safety or security of the public at large and there is no reasonable possibility of any other viable alternative to such construction beyond the limits of the prohibited area;. In section 20A of the principal Act, after sub-section (4), the following sub-sections shall be inserted, namely: "(5) Nothing contained in sub-section (4) shall apply to the public works: Provided that any question as to whether or not a construction works is public works, shall be referred to the Authority which shall on being satisfied make its recommendation, for the reasons to be recorded in writing, to the Central Government whose decision thereon shall be final: Provided further that if the decision of the Central Government differs from the recommendation of the Authority, the Central Government shall record its reasons thereof. (6) Any Department or office of the Central Government proposing to carry out any construction works, including reconstruction or repair or renovation, of any public works in the prohibited area, shall make an application to the competent authority for carrying out such construction works. (7) Upon decision of the Central Government determining a construction works as public works in accordance with the provisions of sub-section (5), the competent authority shall convey the decision of the Central Government to the applicant within ten days of the receipt of such decision. (8) The provisions of section 20C shall apply mutatis mutandis to the public works in a prohibited area.".

7 6 Section 20D- sub-section (8) The Central Government, or the Director-General, as the case may be, shall exhibit, on their website, all the permissions granted or refused under this Act. Section 20 I deals with the Functions and powers of Authority. In section 20D of the principal Act, in sub-section (8), for the words "Director General", the words "competent authority" shall be substituted. In section 20-I of the principal Act, after clause (e), the following clause shall be inserted, namely: "(ea) to consider the impact, including archaeological impact, visual impact and heritage impact assessment, of public works which may be proposed in the prohibited area and make recommendations to the Central Government in respect thereof: Provided that no recommendation for any construction works shall be made unless the Authority is satisfied that there is no reasonable possibility of any other viable alternative for shifting such construction works beyond the limits of the prohibited area.".