The elements of the Ancient Monument (Site and Remains) Act 1956.

Synopsis

City Development And Haphazard growth of cities.

Its Effect On Ancient Indiscriminative road widening schemes.
Monuments: Clearance schemes.
Exposure of old quarters to speculative forces.

Conservation in India: Mere archaeological protection of few ancient monuments.

Why should ancient monuments be conserved?

1) Because of their architectural value.

2) Because it’s the way the cultural heritage of one generation is passed on to its next one.
3) They will be an identity to a city - to people - with whom one can associate - be proud
of.

To conserve and protect

1) We need control guidelines.

2) To implement the guidelines we need proper legislation.

Historical background 1) Beginning of archaeological studies made by William

on legislation on Jones - founder of Asiatic society- 1784, concerned with
conservation: antiquities-arts, science, and literature.
2) Archaeological Survey of India established in 1861. By
1902 ASI has assumed a dynamic role - to survey, explore
and excavate.
3) The first act by Central Govt. – Ancient monument
Preservation Act 1904

Functions of Ancient Monument Preservation Act 1904

 Prevent excavation by unauthorized persons of sites of

historic interest and value.
 Preservation of ancient monuments.
 Preservation of objects of archaeological, historical and
artistic interest.

4) The concept monuments of national importance was

introduced by the Ancient and Historical monuments and
Archaeological sites and Remains Act 1931.
5) Ancient Monuments and Archaeological sites and Remains
 Act 1958 –repealed acts of 1904 and 1931.
6) In exercise of powers confessed by the act of 1958-

The Central Govt framed the Ancient Monuments act and

Archaeological Sites and Remains Rules, 1959 which
prescribed:
a) Procedural details related to public access to the
monuments.
b) Control over excavation
c) Control over developments in the vicinity of
monuments

Basic concepts and Objectives of the Act:

procedures under the
Act: a) Preservation of ancient and historical monuments and
archaeological sites and remains of historical importance.
b) Regulation of archaeological excavations.
c) Protection of sculptures, carvings and other like objects.
d)
Should it be preservation Whereas preserve means to keep safe from harms, to keep alive, to
or conservation? keep in existence, to keep or guard against decay.

To conserve means to keep entire, to retain, and to preserve.

Conservation means the art of conserving- old building blocks,

flora and fauna, environment of the two, The act preferred to use
the word “Preservation” though architects think that the word
conservation is more comprehensive.

Definition of the ancient 1) The monument must be of historical, archaeological or

monument: artistic interest.
2) It must be in existence for not less than 100 years
3) Further classified in section2 (a) that ancient monuments
includes-
a) The remains and the site of the monuments.
b) The land portion required for fencing or covering or
preserving the monuments.
c) The means of access to the buildings.

The meaning of Means an area, which contains or is reasonably believed to contain

archaeological sites or ruins and relics in existence for not less than 100 years and
remains: includes portion of land required for fencing, covering or
preserving it or the means of access.
The meaning of the word Means any archaeological sites or remains, which are declared by
“A Protected Area”: the Central Govt to be of historical importance.
It is not confined to merely a building or a group of building - but
can mean a street, a square, an entire town or even a region.

Procedure for the 1) Central govt gives notification in official gazette - a 2

declaration of the
monument or sites of
national importance:
months notice for its intention to declare the ancient
monument or site of national importance.
2) Copy of notice of affixed at conspicuous place near the
monuments. It is also served to the owner if known.
3) Any person interested can object to the said intention.
4) On expiry of two months, after considering the objection-
the Govt. can declare by notification in gazettes that the
monument or site is of national importance.

Criteria for declaring Act contains no guidelines.

monument of National
importance:

So the usual criteria are:

1. Uniqueness of monument.
2. It’s being representative of an important epoch in history.
3. Its association with the life of a great national leader or personality.
4. Of being of outstanding architectural, artistic or archaeological value.
5. Not being under intensive use by public.

Ownership of protected Can be

monument: 1) On land owned by the govt
2) Or continue to be under private ownership subject to
agreement between owner and govt.

Acquisition of the 1) Custodian- Director General

proprietary rights or
custody of the protected
monuments:
2) Purchased or taken on lease or accept a right or bequest the
monument after getting sanction of the govt.
3) By notification in gazette, assume guardianship of the
monument in case where there is no owner.
4) Compulsory acquisition of the monument.

Regulation for 1) To stop danger of unscientific excavation by amateur

archaeological archaeologist leading to destruction of valuable material –
excavation: The Act 1958 provides no person other than an
archaeological officer or a licensee should undertake
exaction in protected area.
2) And this too after giving notice to the collector and the
owner.
De-notification of Applicable when govt. is of the opinion that a protected monument
Protected Monument has ceased to be of national importance.
and Area: 1) Notification in official gazette

Why this happens?

a) Collapse of monument in earthquake
b) Demolition because of washing away due to floods
Punishment for misuse 1958 Act provides penalties in cases of:
of Monuments;
1) Misuse and abuse of monument
2) Removal of any sculpture
3) Refuse to enter an agreement
4) Make any construction
5) Quarrying without permission

Punishment: Rs 5000,
3 months imprisonment
Or both.

Development control in 1) To ensure that no development whatsoever takes place

the vicinity of the within a certain minimum distance from the monument.
monument: 2) To see that monument would not be dwarfed due to high-
rise building in its vicinity.
3) Development in harmony.
4) View, vista to remain.

Recommendation of 1) Conservation to go beyond preservation.

Indian National 2) Rules to be amended to encourage conservation of living
Commission on environment.
Urbanization 3) City planning to encourage conservation of old city areas.
4) Distinct fiscal and other incentives offered to encourage
conservation.