AMASRA: 2.25 Section 20B. Declaration of regulated area in respect of every protected monument.

2.25 Declaration of regulated area in respect of every protected monument:

2.25.1 Bare Act Provision:

1[20B. Declaration of regulated area in respect of every protected monument.―Every area, beginning at the limit of prohibited area in respect of every ancient monument and archaeological site and remains, declared as of national importance under sections 3 and 4 and extending to a distance of two hundred metres in all directions shall be the regulated area in respect of every ancient monument and archaeological site and remains:

Provided that the Central Government may, by notification in the Official Gazette, specify an area more than two hundred metres to be the regulated area having regard to the classification of any protected monument or protected area, as the case may be, under section 4A:

Provided further that any area near any protected monument or its adjoining area declared, during the period beginning on or after the 16th day of June, 1992 but ending before the date on which the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Bill, 2010, receives the assent of the President, as a regulated area in respect of such protected monument, shall be deemed to be the regulated area declared in respect of that protected monument in accordance with the provisions of this Act and any permission or licence granted for construction in such regulated area shall, be deemed to have been validly granted in accordance with the provisions of this Act, as if this section had been in force at all material times.]

Footnote:

1. Ins. by s. 6, ibid. (w.e.f. 16-6-1992).

2.25.2 Interpretation:

Section 20B defines a regulated area as an additional protective zone around ancient monuments and archaeological sites declared as nationally important under Sections 3 and 4 of the AMASR Act. This zone starts where the prohibited area defined under Section 20A ends and extends outward for 200 meters in all directions. Unlike the prohibited area, where construction is heavily restricted, the regulated area allows controlled activities under certain conditions as per other sections, like Section 20C. The section also includes provisions for extending this area and validating past declarations.[1]

The regulated area is a secondary buffer zone around a protected monument or site, starting where the prohibited area ends i.e., 100 meters from the monument and extending to 300 meters from the monument. This zone allows some regulated activities, like construction, but only with permission from the authorities to ensure the monument’s protection. The law creates a layered system of safeguards such as prohibited area i.e. strict control and regulated area i.e. controlled flexibility, to balance heritage preservation with reasonable land use in areas farther from the monument. The regulated area ensures that activities beyond the prohibited zone do not harm the monument’s setting, aesthetics, or accessibility.[2] The purpose of this section is to provide a controlled environment around monuments, allowing limited development while protecting their cultural and historical significance.

First Proviso is related to the Extension of Regulated Area. If a monument is especially significant e.g., a highly classified site under Section 4A, the government can extend the regulated area beyond 200 meters by officially announcing it. This allows for customized protection depending on the monument’s importance. This embodies the principle of flexible conservation. It recognizes that different monuments may require varying levels of protection based on their historical, cultural, or archaeological value, allowing tailored boundaries to suit specific needs. The purpose of this proviso is to ensure that highly significant monuments receive enhanced protection by extending the regulated area as needed.

Second Proviso is related to the Retrospective Validation. This provision retroactively legalizes regulated areas declared between June 16, 1992, and the 2010 amendment’s enactment. It also validates any construction permissions granted in those areas during that period, treating them as compliant with the law. This is a retrospective validation clause designed to cure legal irregularities in past administrative actions. It prevents challenges to earlier declarations or permissions, ensuring continuity and legal certainty. The purpose of the proviso is to avoid disputes or litigation over regulated areas and permissions granted before the 2010 amendment, providing a legal shield for prior actions.

Section 20B of the AMASR Act establishes a regulated area as a secondary protective zone around nationally important monuments and sites, aiming to balance conservation with controlled development. Its provisions reflect the doctrines of graded protection, flexible conservation, and retrospective validation. However, ambiguities in permissible activities, excessive discretionary power, lack of enforcement, and weak stakeholder engagement undermine its effectiveness.

References:

[1] “Re-Demarcation of Prohibited/Regulated Boundaries of Protected Monuments”, PIB, Dt. 12.12.2024, available at https://www.pib.gov.in/PressReleasePage.aspx?PRID=2083767, Last visited on Dt. 23.07.2025

[2] “The AMASR Act: Govt to ease rules on construction around protected monuments”, Vajiram and Ravi, Dt. 1.04.2023, available at: https://vajiramandravi.com/current-affairs/the-amasr-act-govt-to-ease-rules-on-construction-around-protected-monuments/, Last visited on 16.07.2025