AMASRA: 2.53 Section 30C. Offences by officers of Government.

2.53 Offences by officers of Government

2.53.1 Bare Act Provision:

30C. Offences by officers of Government.―If any officer of the Central Government enters into or acquiesces in any agreement to do, abstains from doing, permits, conceals or connives at any act or thing whereby any construction or re-construction takes place in a prohibited area or regulated area, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.]

Footnote:

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

2.53.2 Interpretation

Section 30C of the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, establishes penalties for government officers who facilitate unauthorized construction in prohibited or regulated areas. If a Central Government officer agrees to, allows, ignores, hides, or supports any action that leads to construction or reconstruction in a prohibited area i.e. within 100 meters of a protected monument or a regulated area i.e. within 200 meters after the prohibited, they can be punished with up to three years in prison, a fine, or both. This provision ensures accountability among government officers by imposing strict penalties for facilitating unauthorized construction near protected monuments, safeguarding Bharat’s cultural heritage by deterring corruption or negligence that could harm these sites.

In this provision, terms like “acquiesces,” “connives,” and “permits” are vague, lacking clear criteria to determine what actions constitute an offence, which could lead to inconsistent enforcement or difficulty in proving intent. This ambiguity risks either over-penalizing minor oversights or failing to address deliberate misconduct, weakening the section’s effectiveness in deterring violations. The prosecution of Central Government officers may be subject to political or bureaucratic influence, especially in high-profile cases involving powerful stakeholders, which could lead to selective enforcement or leniency.