Policies and acts on heritage site

Submitted By Adiba Shafique

The definition runs thus "heritage building means any building of one or more premises, or any part thereof, which requires preservation and conservation for historical, architectural, environmental or ecological purpose and includes such portion of the land adjoining such building or any part thereof as may be required for fencing or covering or otherwise preserving such building and also includes the areas and buildings requiring preservation and conservation.

Heritage buildings

In 1972 under the auspices of UNESCO the international community of states have adopted the Convention Concerning the Protection of World Cultural & Natural Heritage.

Aim - Establishing a system of collective protection on a permanent & scientific basis. The task of maintaining, increasing and diffusing knowledge by assuring the conservation and protection of the world’s inheritance of books, works of art and monuments of history and science and recommending to the nations concerned the necessary international conventions.

International Law

 The Ancient Monuments Preservation Act, 1904 - An Act to provide for the preservation of Ancient Monuments and objects of archaeological, historical, or artistic interest. Act provided effective preservation and authority over the monument particularly those, which were under the custody of individual or private ownership. As this Act has not been repealed, it is deemed to be in force.

Amendment of AMP act, 1st September, 1949 - it is expedient to provide for the preservation of ancient monuments, for the exercise of control over traffic in antiquities and over excavation in certain places, and for the protection and acquisition in certain cases of ancient monuments and of objects of archaeological, historical or artistic interest.

The Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1951 - all the ancient and historical monuments and archaeological sites and remains protected earlier under ‘The Ancient Monuments Preservation Act, 1904’ (Act No. VII of 1904) were re-declared as monuments and archaeological sites of national importance under this Act.

An Act to provide for the preservation of ancient and historical monuments and archaeological sites and remains of national importance, for the regulation of archaeological excavations and for the protection of sculptures, carvings and other like objects

Central government on 15th May 1991 notified under AMASR Rules 1959 that an area up to 100 meters from the protected limit of the monument has been declared as prohibited area for any construction activity and further up to 200 meters of such protected monument the area is declared as regulated area in which construction can be allowed only after taking permission from the Director General, ASI.

National Monuments Authority (NMA) 2010

under the Ministry of Culture, Govt. of India has been setup as per provisions of The Ancient Monuments and Archaeological Sites and Remains AMASR (Amendment and Validation) Act, 2010 which was enacted in March, 2010- Several functions have been assigned to the NMA for the protection and preservation of monuments and sites through management of the prohibited and regulated area around the centrally protected monuments. One amongst these responsibilities of NMA is also to consider grant of permissions to applicants for construction related activity in the prohibited and regulated area.

National Monuments Authority objectives:-

•Creating awareness amongst the people and various stake holders on the need for conservation and preservation of the built heritage.•Emphasis on mutual growth of the monument and the people, rather than purely regulation and control.•Training and capacity building in the use of new technology for conservation and preservation of monuments at the level of CA and at ASI.•Engage more intensively with the State Governments, in particular with their Urban Development and Local Urban Planning Departments as involvement of states in efforts for conservation and preservation is very important

A few other important changes have also been brought in by the 2010 Act. Some of these are:-

•Statutory provision for the ‘prohibited’ and regulated areas.•Complete ban on construction (including public projects) in the prohibited area.•Providing statutory procedures for applications seeking permission for construction/repair/renovation.• The authority shall make necessary scrutiny of the Heritage bye laws and accord approval after inviting objections/suggestions from the public•Grading and classification of monuments

National Monuments Authority (NMA)

Existing acts can be used for heritage protection in Indian cities

CENTRAL• Environment Protection Act 1986• CRZ Notification, 1991 and MOEF ,Notification, 2003

STATE• State Town and Country Planning Acts

LOCAL• Development Control Rules/ Byelaws

Archaeological Survey of India- established in 1870, is now under GOI, Ministry of Culture. It is Dedicated to the preservation and conservation of the archaeological antiquities of India. ASI's function is to "explore, excavate, conserve, preserve and protect the monuments and sites of National & International Importance."

Functions

•The principle functions include conservation, developing and maintaining archeological gardens, chemical preservation of monuments of antiquities archeological examination and excavation.

•Implementation of the antiquities and art treasure 1972 act is also its major function

•The original personality of monument has to be preserved

Institutions working on heritage buildings are -

The Indian National Trust for Art and Cultural Heritage (INTACH) is an autonomous non-governmental Indian NGO that seeks to preserve Indian Art and Cultural heritage.INTACH plays a vital role in the listing, documentation and conservation of historic structures and precincts of architectural, historical and cultural value. There team of conservation architects is working on projects nationwide for the conservation of heritage properties and mobilization of resources in this direction.

INTACH

Main objectives

•Listing or Inventorying of heritage properties•Documentation and Conservation Plans for historic sites and buildings, heritage gardens.•Restoration of historic buildings and their Adaptive Reuse•Urban Conservation, including new development within historical, cultural and/or vernacular context that encourages revival of traditional building arts and crafts•Development of Urban Haats•Disaster Management Initiatives

Funding organisations

•Aga Khan Program,•Australian High Commission•Giridhar Smarak Trust, Jaisalmer•Helen Hamlyn Trust, UK•INTACH (UK) Trust•Jaisalmer in Jeopardy UK•Maharangarh Museum Trust, Jodhpur•UNESCO•World Monument Watch•Ministry of Foreign Affairs and Cooperation of Spain (MAEC)•Patiala Heritage Society•Ministry of Tourism, Government of India•Department of Archaeology, GNCTD•University of Allahabad•IL&FS Infrastructure Development Corporation Ltd.•Department of Cultural Heritage, Government of Gangtok•Archaeological Survey of India•Ministry of Culture, Government of India•Ministry of Environment, Government of India•Ministry of Human Resource Development, Government of India•Ministry of Railways, Government of India

Case Study - Revitalisation of the Gardens of Emperor Humayun's Tomb (Completed 2003)

The first privately funded restoration of a World Heritage Site in India was completed in March 2003 through the joint effort of the, The Aga Khan Trust for Culture (AKTC) and the Archaeological Survey of India (ASI), under the aegis of the National Culture Fund. The expanded project now encompasses Nizamuddin Basti and the Sunder Nursery.

objectives and Implementation

Site works encompassed a variety of disciplines, including archaeological excavation, the application of conservation science and hydraulic engineering.

The project’s implementation phase began when the Trust began work on the 12 hectare (30 acre) garden site in 2000. Working under the aegis of the National Culture Fund and in collaboration with the Archaeological Survey of India (ASI), the Trust undertook the first privately funded restoration of a World Heritage Site in India. Work was completed in March 2003.

The US$ 650,000 restoration project has featured:

•Removal of 3,000 truckloads of earth (12,000 cubic metres),

•Planting of 12 hectares (30 acres) of lawn,

•Re-setting and alignment of over 3.500 kilometres of path kerbstones,

•Preparation by some 60 stonecutters of 3,000 metres of hand- dressed red sandstone slabs (to edge the channels),

•Creation of 128 ground-water recharge pits and the de-silting and creation of other wells as part of the largest rainwater-harvesting system scheme in any heritage site in India,Creation of a site exhibition.

•Planning and installation of a new water-circulation system for the walkway channels.

•Planting of 2,500 trees and plants, including mango, lemon, neem, hibiscus and jasmine cuttings, according to Mughal texts.

•Repair of fountains, wells and rainwater-harvesting systems.

•Provision of wheelchair access to a significant part of the site.

Bibliography

http://www.nizamuddinrenewal.org/http://www.google.co.in/#http://www.nizamuddinrenewal.org/docs/AKTC_PROJECT_Delhi_2013.pdfhttp://www.akdn.org/hcp/india.asp#humayunhttp://www.prsindia.org/uploads/media/1237548287/Legislative%20Brief%20--%20National%20Commission%20for%20heritage%20sites%20bill%202009.pdf