AMASRA: 2.28 Section 20E. Heritage bye-laws.

2.28 Heritage bye-laws:

2.28.1 Bare Act Provision:

20E. Heritage bye-laws.―(1) The competent authority, in consultation with Indian National Trust for Arts and Cultural Heritage, being a trust registered under the Indian Trusts Act, 1882 (2 of 1882), or such other expert heritage bodies as may be notified by the Central Government, shall prepare heritage bye-laws in respect of each protected monument and protected area.

(2) The heritage bye-laws referred to in sub-section (1) shall, in addition to such matters as may be prescribed, include matters relating to heritage controls such as elevations, facades, drainage systems, roads and service infrastructure (including electric poles, water and sewer pipelines).

(3) The Central Government shall, by rules, specify the manner of preparation of detailed site plans in respect of each protected area or protected monument or prohibited area or regulated area, the time within which such heritage bye-laws shall be prepared and particulars to be included in each such heritage bye-laws.

(4) The competent authority for the purpose of preparation of detailed site plans and heritage bye-laws may appoint such number of experts or consultants as it may deem fit.

(5) A copy of each of the heritage bye-laws prepared under sub-section (1) shall be forwarded to the Authority for its approval.

(6) A copy of the heritage bye-laws as approved by the Authority under sub-section (5) shall be laid before each House of Parliament.

(7) Each heritage bye-laws shall, be made available by the competent authority to the public, by exhibiting the same on its website and also in such other manner as it may deem fit, immediately after laying the same before each House of Parliament.

Footnote:

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

The AMASR Act, enacted in 1958 and amended over the years, aims to preserve ancient monuments, archaeological sites, and their surroundings in Bharat. Section 20E, introduced as part of amendments, specifically addresses the creation of heritage bye-laws for protected monuments and areas. These bye-laws are crucial for regulating activities around these sites to maintain their historical and cultural value.

2.28.2 Preparation with Expert Consultation

As per Section 20E(1) of the AMASR Act, the person or body in charge i.e. competent authority must create special rules called as heritage bye-laws for every protected monument and its surrounding area. They must work with experts from the Indian National Trust for Arts and Cultural Heritage (INTACH) or other expert groups approved by the Central Government, such as those notified under gazette notifications.[1] This provision ensures that the rules are made with input from people who have deep knowledge of preserving cultural heritage. It aims to tailor protection to each monument’s unique needs, leveraging expert insights to prevent damage from development or neglect.

2.28.3 Content of Heritage Bye-Laws

As per Section 20E(2) of the AMASR Act, these special rules must cover how buildings look from the outside, e.g., their design and appearance, called elevations and facades, how water is drained, roads, and utilities like electricity, water, and sewage.[2] They must also include any other matters that the government decides are important, as per rules like those notified in 2011. This ensures that not only the monument but also its surrounding environment and infrastructure are protected, as they are part of the monument’s historical and cultural context. It prevents modern developments from clashing with the site’s heritage value.

2.28.4 Government Guidelines for Preparation

As per Section 20E(3) of the AMASR Act, the Central Government will set out detailed instructions on how to create maps or plans for each protected area, monument, or restricted zone (e.g., prohibited areas within 100 meters and regulated areas within 200 meters.[3] They will also decide how long it should take to prepare these rules and what specific details must be included, ensuring a standardized approach. This standardizes the process across different areas, ensuring consistency and thoroughness in planning while giving the government control over timelines and content, as seen in recent discussions about amendments.

2.28.5 Appointment of Experts

As per Section 20E(4) of the AMASR Act, the competent authority can hire as many experts or consultants as needed to help create these plans and rules, ensuring they have the right help for the job.[4] This allows flexibility in getting the necessary expertise for complex or specialized sites, ensuring that the bye-laws are well-informed and effective, especially for less known or remote monuments.

2.28.6 Approval by the Authority

As per Section 20E(5) of the AMASR Act, once the rules are prepared, they must be sent to a higher body i.e. National Monuments Authority for approval, adding a layer of oversight.[5] This ensures that the rules meet national standards and are not influenced by local biases, providing a check to maintain consistency and quality across Bharat.

2.28.7 Parliamentary Review

As per Section 20E(6) of the AMASR Act, after approval, the rules must be presented to both houses of Parliament for review, ensuring lawmakers can see and potentially question them.[6] This promotes transparency and accountability, allowing for parliamentary scrutiny, which is crucial for a law affecting national heritage, as highlighted in recent legal discussions.

2.28.8 Public Accessibility

As per Section 20E(7) of the AMASR Act, the rules must be made public by posting them on the competent authority’s website and possibly in other ways e.g., public notices, local languages, right after they are presented to Parliament.[7] This promotes public awareness and accessibility, ensuring that citizens can know and understand the rules protecting their heritage, fostering community involvement in preservation efforts.

Section 20E of the AMASR Act establishes a comprehensive framework for creating heritage bye-laws to protect protected monuments and areas in Bharat. It emphasizes expert consultation, detailed planning, and public transparency, aiming to balance preservation with practical implementation. However, its effectiveness could be compromised by potential delays, resource limitations, vague terminology, and the need for robust enforcement and public engagement mechanisms. Addressing these loopholes through clearer guidelines, adequate funding, and stronger enforcement would enhance the section’s ability to safeguard Bharat’s rich cultural heritage, ensuring that future generations can appreciate these historical treasures.

References:

[1] Citizen’s Charter/ Client’s Charter for National Monuments Authority (NMA), Last Updated On 24 February, 2025, available at https://www.nma.gov.in/show_content.php?lang=1&level=0&ls_id=6&lid=24&nma_type=0, Last visited on 7.17.2025

[2] “Heritage Bye-Laws for Tomb of Muhammad Momin and Haji Jamal, Nakodar, District Jalandhar, Punjab”, NMA, Dt. 20.03.2024

[3] National Policy of Conservation, Archeological Survey of India, February 2014.

[4] Heritage Bye-Laws, NMA, Dt. 16.01.2025, available at https://www.nma.gov.in/show_content.php?lang=1&level=0&lid=6&ls_id=18&nma_type=0#:~:text=20%20E%20(3)%20%2D%20The,before%20each%20House%20of%20Parliament., Last visited on Dt. 25.07.2025

[5] About NMA, NMA, Dt. 16.01.2025, available at https://www.nma.gov.in/show_content.php?lang=1&level=0&ls_id=49&lid=45&nma_type=0, Last visited on Dt. 25.07.2025

[6] “Indian Archaeological study through a Legal Lens: Inquiry on the Legal perspectives with Special Emphasis on Heritage By-Laws.”, Varuni Kashyap, Legal Research and Analysis, available at https://legalresearchandanalysis.com/indian-archaeological-study-through-a-legal-lens-inquiry-on-the-legal-perspectives-with-special-emphasis-on-heritage-by-laws/, Last visited on 25.01.2025

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