2.25 Power of Central Government to issue directions to Authority:
2.35.1 Bare Act Provision:
20L. Power of Central Government to issue directions to Authority.―(1) Without prejudice to the foregoing provisions of this Act, the Authority shall, in exercise of its powers or the discharge of its functions under this Act, be bound by such directions on question of policy, other than those relating to technical and administrative matters, as the Central Government may give in writing to it from time to time:
Provided that the Authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section.
(2) The decision of the Central Government, whether a question is one of policy or not, shall be final.
Footnote:
1. Ins. by Act 10 of 2010, (w.e.f. 16-6-1992).
Section 20L of the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, empowers the Central Government to issue policy directions to the National Monuments Authority (NMA). It ensures alignment with national objectives while allowing the NMA some input.
2.35.2 Central Government’s Power to Issue Directions
As per Section 20L(1) of the AMASR Act, the Central Government can give written instructions to the NMA on policy matters, not technical or administrative issues, which the NMA must follow. These directions do not affect other parts of the Act. Whenever possible, the NMA should be allowed to share its views before the directions are issued.[1] This ensures the NMA aligns with national policy goals, promoting coherence in heritage protection. Excluding technical matters respects the NMA’s expertise, while the proviso fosters fairness by allowing input, balancing governmental control with NMA autonomy.
2.35.3 Finality of Central Government’s Decision
As per Section 20L(2) of the AMASR Act, the Central Government has the final authority to decide if an issue is a policy matter, and the NMA cannot challenge this decision.[2] This establishes the Central Government’s ultimate authority, preventing disputes and ensuring efficient governance in heritage protection by clarifying the scope of its directions.
References:
[1] Report of the Comptroller and Auditor General of India on Performance Audit Of Preservation And Conservation Of Monuments And Antiquities, Union Government (Civil) Ministry of Culture Report No.18 of 2013
[2] “Report of the Select Committee on The Ancient Monuments and Archaeological Sites and Remains (Amendment) Bill, 2018”, Rajya Sabha Secretariat, New Delhi, February, 2019/Magha, 1940 (Saka)
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