AMASRA: 2.32 Section 20-I. Functions and powers of Authority.

2.32 Functions and powers of Authority

2.31.1 Bare Act Provision:

20-I. Functions and powers of Authority.―(1) The Authority shall exercise or discharge the following powers or functions, namely:―

(a) make recommendations to the Central Government for grading and classifying protected monuments and protected areas declared as of national importance under sections 3 and 4, before the commencement of the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010 (10 of 2010);

(b) make recommendations to the Central Government for grading and classifying protected monuments and protected areas which may be declared after the commencement of the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010 (10 of 2010), as of national importance under section 4;

(c) oversee the working of the competent authorities;.

(d) to suggest measures for implementation of the provisions of this Act;

(e) to consider the impact of large-scale developmental projects, including public projects and projects essential to the public which may be proposed in the regulated areas and make recommendations in respect thereof to the competent authority;

(f) to make recommendations to the competent authority for grant of permission.

(2) The Authority shall, for the purpose of discharging functions under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters, namely:―

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents;

(c) any other matter which may be prescribed.

Footnote:

1. Ins. by Act 10 of 2010, (w.e.f. 16-6-1992).

Section 20-I of the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, outlines the functions and powers of the National Monuments Authority (NMA). The NMA is tasked with advising on the classification of monuments, overseeing local authorities, and assessing development projects to protect Bharat’s cultural heritage.

2.32.2 Functions of the Authority

As per Section 20-I(1) of the AMASR Act, the NMA has the following duties:

(a) Advise the Central Government on how to categorize and prioritize monuments and areas declared nationally important before 2010.

(b) Advise the Central Government on categorizing and prioritizing monuments and areas declared nationally important after 2010.

(d) Suggest ways to ensure the Act is followed effectively.

(e) Evaluate the impact of major projects, e.g., public or essential developments, in regulated areas near monuments and advise the competent authority.

(f) Recommend whether to approve or deny permissions for activities near monuments.

This subsection establishes the NMA as a central advisory and supervisory body to ensure consistent and informed heritage protection. It balances national oversight with local implementation by guiding classifications, monitoring authorities, and assessing development impacts to safeguard Bharat’s cultural heritage.[1]

2.32.3 Powers of the Authority

As per Section 20-I(2) of the AMASR Act, the NMA has court-like powers to:

(a) Order people to appear and answer questions under oath.

(b) Demand documents for review.

This equips the NMA with legal authority to enforce compliance and gather information, strengthening its ability to make informed decisions and protect heritage sites by compelling cooperation from relevant parties.[2]

Section 20-I of the AMASR Act empowers the NMA to guide and supervise heritage protection in Bharat through advisory and quasi-judicial functions. However, its effectiveness is limited by ambiguous terms, advisory constraints, resource shortages, and lack of enforcement mechanisms.

2.32.4 Interpretation by Court:

The functions and powers of the Authority are provided for u/s 20-I, which include making recommendations to the Central Government for grading and classifying protected monuments and protected areas declared as of national importance u/s 3 and 4. [3]

Sub-section (e) to Section 20-I clearly mandates the authority to consider the impact of large-scale developmental projects including public project and projects essential to the public which may be proposed in the regulated areas and make recommendations in respect thereof to the competent authority. Therefore, necessarily, it is for the Authority to look into all the archaeological and historical structures, which have been declared as protected monuments, time and again, keeping in mind its archaeological and historical value vis-a-vis the developmental projects which are in the interest of the public and make recommendations to the competent authority, so that the Central Government may invoke its powers u/s 35 of the Act. [3]

It is the duty of the respondents to have revisited the monuments, which were declared as protected monuments having historical or archaeological value in line with its duty under sub-section (e) of Section 20-I.[3]

References:

[1] FAQ, NMA Online Application & Processing System, available at https://nmanoc.nic.in/home/faq, Last visited on 17.07.2025

[2] “Follow-up on the Performance Audit of Preservation and Conservation of Monuments and Antiquities”, Union Government (Civil) Ministry of Culture Report No. 10 of 2022 (Performance Audit), Report of the Comptroller and Auditor General of India.

[3] B. Manoharan vs The Ministry Of Culture, W.P. No.32163/2022, Madras High Court available at: https://indiankanoon.org/doc/179346241/