The AMASR Act: Govt to ease rules on construction around protected monuments
April 1, 2023

Why in News?

  • The government will soon liberalise construction activity in the vicinity of protected monuments across the country regulated under the Ancient Monuments and Archaeological sites and Remains (AMASR) Act.
  • Currently, construction up to 100 metres around protected monuments is prohibited, while an area up to 200 metres beyond the prohibited area is regulated.

 What’s in Today’s Article?

  • What is the AMASR Act 1958?
  • What is the AMASR (Amendment) Act 2010?
  • News Summary Regarding Possible Changes in the AMASR Act

 What is the AMASR Act 1958?

  • It provides for the -
    • Preservation (of ancient and historical monuments, archaeological sites and remains of national importance, which are over 100 years old)
    • Regulation (of archaeological excavations)
    • Protection (of sculptures, carvings and other like objects.
  • 3,696 Centrally Protected Monuments or Sites are located in India and are guarded by the Archaeological Survey of India (ASI) - a Ministry of Culture agency, which functions under the provisions of this act.

 What is the AMASR (Amendment) Act 2010?

  • In order to strengthen the penal provisions to prevent encroachments and illegal construction close to the monuments, the 1958 Act was amended in 2010.
  • The amendments provide for the creation of a
    • Prohibited area 100 metre around every national monument where no construction, public or private is permitted.
    • Regulated area 200 metres beyond the prohibited area, where any construction requires permission of a newly constituted National Monuments Authority (NMA).
  • The amendment also suggested that heritage by-laws for each monument be created by an expert body given the uniqueness of each monument.

 News Summary Regarding Possible Changes in the AMASR Act:

  • According to a submission by the Union Culture Minister, the government has taken a decision to examine the legal issues affecting construction-related activities around centrally protected monuments and sites.
  • This is to allow for infrastructure (related work), and at the same time preserve the rich heritage of the country.
  • There is a feeling that the Act in its present form restricts a lot of areas which could be put to good use, specifically in case of developmental and infrastructure-related work.
    • Prohibiting residents from constructing their houses within 100 metres of small and insignificant structures, causing a lot of inconveniences and revenue loss to them.
  • It is expected that the amendments would pertain to making some relaxation in these zones, specifically in case of smaller monuments such as statues, cemeteries and cannons.
  • Even as the government can bring about liberalisation in case of most monuments, for UNESCO World Heritage Sites (India has 40 of them), these restrictions may stay.