AMASRA: 2.52 Section 30B. Punishment for construction, etc., in regulated area.

2.52 Punishment for construction, etc., in regulated area

2.52.1 Bare Act Provision:

30B. Punishment for construction, etc., in regulated area.―Whoever raises, on and after the date on which the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Bill, 2010, receives the assent of the President, any construction in the regulated area without the previous permission of the competent authority or in contravention of the permission granted by the competent authority, shall be punishable with imprisonment not exceeding two years or with fine which may extend to one lakh rupees or with both.

Footnote:

1. Ins. by s. 9, ibid. (w.e.f. 16-6-1992).

2.52.2 Interpretation:

Section 30B of the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, establishes penalties for unauthorized construction in regulated areas. Anyone who, after the AMASR (Amendment and Validation) Act, 2010 received presidential assent on March 29, 2010, builds or constructs anything in a regulated area i.e. within 200 meters of a protected monument, without prior permission from the competent authority, or violates the terms of such permission, can be punished with up to two years in prison, a fine of up to one lakh rupees, or both. This provision protects Bharat’s cultural heritage by deterring unauthorized construction near protected monuments through strict penalties, ensuring that development activities do not harm or encroach upon these sites, thereby preserving their historical and archaeological integrity.

But there is Inadequate Enforcement Mechanisms in this provision. The section does not specify procedures for monitoring or detecting unauthorized construction, relying on resource-constrained competent authorities, which could lead to under-enforcement. Limited resources may allow violations to go unnoticed or unpunished, undermining the protection of regulated areas.