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ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS (AMENDMENT AND VALIDATION) ACT 2010

THE ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS
(AMENDMENT AND VALIDATION) ACT, 2010
(NO. 10 OF 2010)
[29th March, 2010.]
An Act further to amend the Ancient Monuments and Archaeological Sites and Remains
Act, 1958 and to make provision for validation of certain actions taken by the Central
Government under the said Act.
BE it enacted by Parliament
in the Sixty-first Year of the Republic of India as
follows:--
1. Short title and commencement (1) This Act may be called the Ancient
Monuments and Archaeological Sites and Remains (Amendment and Validation) Act,
2010.
(2) Save as otherwise provided, it shall be deemed to have come into force (except
sections 3, 5, 7 and 8 to 11) on the 23rd day
of January, 2010.
2. Amendment of section 2.- On and from the 16th day of June, 1992, in the Ancient
Monuments and Archaeological Sites and Remains Act, 1958 (hereinafter referred to as
the principal Act), in section 2,--
(i) after clause (d), the following clauses shall be inserted and
shall be deemed
to have been inserted, namely:--
`(da) "Authority" means the National Monuments Authority constituted
under section
20F;
(db) "competent authority" means an officer not below the rank of
Director of archaeology or Commissioner of archaeology of
the Central or
State Government or equivalent rank, specified, by notification in the Official
Gazette, as the competent authority
by the Central Government to perform
functions under this Act:
Provided that the Central Government may, by notification in the Official
Gazette, specify different competent authorities for the purpose of sections
20C, 20D and 20E;
(dc) "construction" means any erection
of a structure or a building,
including any addition or extension thereto either vertically or horizontally, but
does not include
any re-construction, repair and renovation of an existing
structure or building, or, construction, maintenance and cleansing of drains
and
drainage works and of public latrines, urinals and similar conveniences, or, the
construction and maintenance of works meant
for providing supply of water for
public, or, the construction or maintenance, extension, management for supply
and distribution
of electricity to the public or provision for similar facilities for
public;';
(ii) after clause (h), the following clause shall
be inserted and shall be deemed
to have been inserted, namely:--
`(ha) "prohibited area" means any area specified or declared to
be a
prohibited area under section 20A;';
(iii) after clause (j), the following clauses shall be inserted and shall be deemed
to
have been inserted, namely:--
`(k) "re-construction" means any erection of a structure or building to its
pre-existing structure,
having the same horizontal and vertical limits;
(l) "regulated area" means any area specified or declared under section
20B;
(m)
"repair and renovation" means alterations to a pre-existing structure or
building, but shall not include construction or re-construction;'.
3. Insertion of new section 4A- After section 4 of the principal Act, the following
section shall be inserted, namely:--
Categorisation
and classification in respect of ancient monuments or archaeological
sites and remains declared as of national importance under sections
3 and 4.- "4A. (1)
The Central Government shall, on the recommendation of the Authority, prescribe
categories in respect of ancient
monuments or archaeological sites and remains declared
as of national importance under sections 3 and 4, and while prescribing such
categories it
shall have regard to the historical, archaeological and architectural value and such other
factors as may be relevant
for the purpose of such categorisation.
(2) The Central Government shall, on the recommendation of the Authority,
classify all the
ancient monuments or archaeological sites and remains declared as of
national importance under sections 3 and 4, in accordance with
the categories
prescribed under sub-section (1) and thereafter make the same available to the public
and exhibit the same on its
website and also in such other manner as it may deem
fit.".
4. Insertion of new section 20A- On and from the 16th day of June, 1992,
after
section 20 of the principal Act, the following section shall be inserted and shall be
deemed to have been inserted, namely:--
"PROHIBITED AND REGULATED AREAS
Declaration of prohibited area and carrying out public work or other works in
prohibited area.20A.
Every area, beginning at the limit of the protected area or the
protected monument, as the case may be, and extending to a distance
of one hundred
metres in all directions shall be the prohibited area in respect of such protected area
or protected monument:
Provided
that the Central Government may, on the recommendation of the
Authority, by notification in the Official Gazette, specify an area
more than one
hundred metres to be the prohibited area having regard to the classification of any
protected monument or protected area, as the case may be, under section
4A.
(2) Save as otherwise provided in section 20C, no person, other than an
archaeological officer, shall carry out any construction
in any prohibited area.
(3) In a case where the Central Government or the Director-General, as the case
may be, is satisfied that--
(a) it is necessary or expedient for carrying out such public work or any
project essential to the public; or
(b) such other work
or project, in its opinion, shall not have any
substantial adverse impact on the preservation, safety, security of, or, access to,
the monument or its immediate surrounding,
it or he may, notwithstanding anything contained in sub-section (2), in exceptional
cases
and having regard to the public interest, by order and for reasons to be
recorded in writing, permit, such public work or project
essential to the public or
other constructions, to be carried out in a prohibited area:
Provided 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 prohibited area in respect of such protected monument, shall be
deemed to be the prohibited area declared
in respect of that protected monument in
accordance with the provisions of this Act and any permission or licence granted by
the
Central Government or the Director-General, as the case may be, for the
construction within the prohibited area on the basis of the
recommendation of the
Expert Advisory Committee, 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:
Provided further that nothing contained in the first proviso
shall apply to any
permission granted, subsequent to the completion of construction or re-construction
of any building or structure
in any prohibited area in pursuance of the notification of
the Government of India in the Department of Culture (Archaeological Survey
of
India) number S.O. 1764, dated the 16th June, 1992 issued under rule 34 of the
Ancient Monuments and Archaeological Sites and
Remains Rules, 1959, or, without
having obtained the recommendations of the Committee constituted in pursuance of
the order of the
Government of India number 24/22/2006-M, dated the 20th July,
2006 (subsequently referred to as the Expert Advisory Committee in
orders dated
the
27th August, 2008 and the 5th May, 2009).".
.5. Amendment of section 20A-In section 20A of the principal Act (as
so inserted by
section 4 of this Act), after sub-section (3), the following sub-section shall be inserted,
namely:--
"(4) No permission,
referred to in sub-section (3), including carrying out any
public work or project essential to the public or other constructions,
shall be granted
in any prohibited area 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.".
6. Insertion of new section 20B-On and from the 16th
day of June, 1992, after
section 20A of the principal Act, the following section shall be inserted and shall be
deemed to have been
inserted, namely:--
Declaration of regulated area in respect of every protected monument. "20B.
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.".
7. Insertion of new sections 20C,
20D, 20E, 20F, 20G, 20H, 20-I, 20J, 20K, 20L,
20M, 20N, 20-O, 20P and 20Q- After section 20B of the principal Act (as so inserted
by
section 6 of this Act) the following sections shall be inserted, namely:--
Application for repair or renovation in prohibited
area, or construction or reconstruction or
repair or renovation in regulated area. `20C. (1) Any person, who owns any building or
structure, which existed in a prohibited area before the 16th day of June, 1992, or, which
had been subsequently constructed with
the approval of the Director-General and desires
to carry out any repair or renovation of such building or structure, may make an
application to the competent authority for carrying out such repair or renovation, as the
case may be.
(2) Any person, who owns or
possesses any building or structure or land in any
regulated area, and desires to carry out any construction or re-construction or
repair
or renovation of such building or structure on such land, as the case may be, may
make an application to the competent authority
for carrying out construction or re-
construction or repair or renovation, as the case may be.
GRANT OF PERMISSION BY COMPETENT AUTHORITY
Grant of permission by competent authority within regulated area.20D. (1)
Every application for grant of permission under section
20C of this Act shall be
made to the competent authority in such manner as may be prescribed.
(2) The competent authority shall,
within fifteen days of the receipt of the
application, forward the same to the Authority to consider and intimate impact of
such
construction (including the impact of large-scale development project, public
project and project essential to the public) having
regard to the heritage bye-laws
relating to the concerned protected monument or protected area, as the case may be:
Provided that
the Central Government may prescribe the category of
applications in respect of which the permission may be granted under this sub-
section and the application which shall be referred to the Authority for its
recommendations.
(3) The Authority shall, within two
months from the date of receipt of
application under sub-section (2), intimate to the competent authority impact of such
construction
(including the impact of large-scale development project, public project
and project essential to the public).
(4) The competent
authority shall, within one month of the receipt of intimation
from the Authority under sub-section (3), either grant permission
or refuse the same
as so recommended by the Authority.
(5) The recommendations of the Authority shall be final.
(6) In case the competent
authority refuses to grant permission under this
section, it shall, by order in writing, after giving an opportunity to the concerned
person, intimate such refusal within three months from the date of receipt of the
application to the applicant, the Central Government
and the Authority.
(7) If the competent authority, after grant of the permission under sub-section
(4) and during the carrying out
of the repair or renovation work or re-construction of
building or construction referred to in that sub-section, is of the opinion (on the basis
of material in his possession or
otherwise) that such repair or renovation work or
re-construction of building or construction is likely to have an adverse impact
on the
preservation, safety, security or access to the monument considerably, it may refer
the same to the Authority for its recommendations
and if so recommended,
withdraw the permission granted under sub-section (4) if so required:
Provided that the competent authority
may, in exceptional cases, with the
approval of the Authority grant permission to the applicant referred to in sub-section
(2) of
section 20C until the heritage bye-laws have been prepared under sub-section
(1) of section 20E and published under sub-section (7)
of that section.
(8) The Central Government, or the Director-General, as the case may be, shall
exhibit, on their website, all the
permissions granted or refused under this Act.
Heritage bye-laws.20E. (1) The competent authority, in consultation with
Indian National
Trust for Arts and Cultural Heritage, being a trust registered under
the Indian Trusts Act, 1882, or such other expert heritage bodies as may be notified
by the Central Government, shall prepare heritage bye-laws in respect of
each
protected monument and protected area.
(2) The heritage bye-laws referred to in sub-section (1) shall, in addition to
such matters
as may be prescribed, include matters relating to heritage controls such
as elevations, facades, drainage systems, roads and service
infrastructure (including
electric poles, water and sewer pipelines).
(3) The Central Government shall, by rules, specify the manner
of preparation
of detailed site plans in respect of each protected area or protected monument or
prohibited area or regulated area,
the time within which such heritage bye-laws shall
be prepared and particulars to be included in each such heritage bye-laws.
(4)
The competent authority for the purpose of preparation of detailed site plans
and heritage bye-laws may appoint such number of experts
or consultants as it may
deem fit.
(5) A copy of each of the heritage bye-laws prepared under sub-section (1)
shall be forwarded
to the Authority for its approval.
(6) A copy of the heritage bye-laws as approved by the Authority under
sub-section (5) shall be
laid before each House of Parliament.
(7) Each heritage bye-laws shall, be made available by the competent authority
to the public,
by exhibiting the same on its website and also in such other manner as
it may deem fit, immediately after laying the same before
each House of Parliament.
NATIONAL MONUMENTS AUTHORITY
Constitution of National Monuments Authority.20F. (1) The Central
Government
shall, by notification in the Official Gazette, constitute an Authority to
be called as the National Monuments Authority.
(2) The
Authority shall consist of,--
(a) a Chairperson, on whole-time basis, to be appointed by the President,
having proven experience
and expertise in the fields of archaeology, country
and town planning, architecture, heritage, conservation-architecture or law;
(b) such number of members not exceeding five whole-time members and
five part-time members to be appointed, on the recommendation
of the
Selection Committee referred to in section 20G, by the Central Government,
having proven experience and expertise in the fields
of archaeology, country
and town planning, architecture, heritage, conservation-architecture or law;
(c) the Director-General as
member, ex officio.
(3) The tenure of the whole-time Chairperson or every whole-time member and
every part-time member, of the Authority
shall be three years from the date on
which he assumes office as such and shall not be eligible for re-appointment:
Provided that,
save as otherwise provided in clause (c) of sub-section (2), any
person who has held any post in the Archaeological Survey of India
or in the
Ministry of Culture of the Government of India or a State Government or has not
been found fit to be considered for being
appointed to any such post shall, not be
eligible to be appointed as the Chairperson or a member of the Authority:
Provided further
that any person, who had either been granted a permission or
licence or refused any such permission or refused grant of a licence
or any person or
any of his relative having any interest in a prohibited area or a regulated area shall
not be eligible to be appointed
as a Chairperson or member.
Explanation.--For the purposes of this section, "relative" means--
(i) spouse of the Chairperson or member
of the Authority;
(ii) brother or sister of the Chairperson or member of the Authority;
(iii) brother or sister of the spouse of
the Chairperson or member of the
Authority;
(iv) brother or sister of either of the parents of the Chairperson or member
of the Authority;
(v) any lineal ascendant or descendant of the Chairperson or member of
the Authority;
(vi) any lineal ascendant or descendant of
the spouse of the Chairperson or
member of the Authority;
(vii) spouse of the person referred to in clauses (ii) to (vi);
(4) An
officer, not below the rank of Joint Secretary to the Government of
India, shall be the Member Secretary of the Authority.
(5) The Central Government shall provide such number
of officers and other
employees as may be necessary for discharge of functions by the Authority under
this Act.
Selection Committee
for selection of members of Authority.20G. (1) Every
whole-time member and every part-time member of the Authority shall be selected
by a Selection Committee consisting of the following persons, namely:--
(a) Cabinet Secretary -- Chairperson, ex officio;
(b) Secretary
in the Ministry of Culture --member, ex officio;
(c) Secretary in the Ministry of Urban development-- member, ex officio;
(d) three
experts, having proven experience and expertise in the fields of
archaeology, architecture, heritage or conservation-architecture
to be
nominated by the Central Government.
(2) The Selection Committee referred to in sub-section (1) shall regulate its
own procedure
for the purposes of selecting whole-time members and part-time
members of the Authority.
Salary, allowances and meetings of Authority.20H.
(1) The salaries and
allowances payable to the whole-time Chairperson and whole-time members, and
the other terms and conditions
of their service or fees or allowances payable to the
part-time members, of the Authority shall be such as may be prescribed:
Provided
that neither the salary and allowances nor the other terms and
conditions of service of the whole-time Chairperson and whole-time
members shall
be varied to their disadvantage after their appointment.
(2) The Authority shall regulate its own procedure for the
purposes of holding
its meetings (including quorum of such meetings) and granting permissions under
this Act.
(3) All the decisions
of the Authority shall be published in such manner as it
may decide and also on its own website and on the website of the Central
Government.
Functions and powers of Authority.20-I. (1) The Authority shall exercise or
discharge the following powers or functions,
namely:--
(a) make recommendations to the Central Government for grading and
classifying protected monuments and protected areas
declared as of national
importance under sections 3 and 4, before the commencement of the Ancient
Monuments and Archaeological Sites and Remains (Amendment and
Validation) Act, 2010;
(b) make recommendations to the Central Government for grading and
classifying protected monuments and protected areas which may
be declared
after the commencement of the Ancient Monuments and Archaeological Sites
and Remains (Amendment and Validation) Act, 2010, as of national
importance under section 4;
(c) oversee the working of the competent authorities;
(d) to suggestmeasuresforimplementationoftheprovisionsof
this Act;
(e) to consider the impact of large-scale developmental projects, including
public projects and projects essential to the
public which may be proposed in
the regulated areas and make recommendations in respect thereof to the
competent authority;
(f) to
make recommendations to the competent authority for grant of
permission.
(2) The Authority shall, for the purpose of discharging
functions under this Act,
have the same powers as are vested in a civil court under the Code of Civil
Procedure, 1908 while trying
a suit in respect of the following matters, namely:--
(a) summoning and enforcing the attendance of any person and examining
him
on oath;
(b) requiring the discovery and production of documents;
(c) any other matter which may be prescribed.
Removal of Chairperson
and members.20J. (1) Notwithstanding anything
contained in sub-section (3) of section 20F, the President in the case of the
Chairperson
and the Central Government in the case of whole-time member and
part-time member may, by order, remove from office, the Chairperson
or any such
member of the Authority, if he --
(a) has been adjudged an insolvent; or
(b) has been convicted of an offence which,
in the opinion of the Central
Government, involves moral turpitude; or
(c) has become physically or mentally incapable of acting
as Chairperson
or member; or
(d) has acquired such financial or other interests as is likely to affect
prejudicially his functions;
or
(e) has so abused his position as to render his continuance in office
prejudicial to the public interest.
(2) The Chairperson
or any member of the Authority shall not be removed
under clauses (d) and (e) of sub-section (1) unless he has been given a reasonable
opportunity of being heard in the matter.
Restriction on future
employment by Chairperson and members.20K. On ceasing to hold office,
the
Chairperson or whole-time member of the Authority, as the case may be, shall,
subject to the provisions of this Act, be ineligible,
for a period of five years from the
date on which they cease to hold office, for further employment (including as
consultant or expert
or otherwise) in any institution, agency or organisation of any
nature mainly dealing with archaeology, country and town planning,
architecture,
heritage and conservation-architecture or whose matters had been before the
Chairperson or such member.
Power of Central
Government to issue directions to Authority.20L. (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.
Power
of Central
Government to issue directions to competent authority.20M. Without prejudice
to the foregoing provisions of this Act,
the competent authority shall, in exercise of
its powers or the discharge of its functions under this Act, be bound by such
directions,
as the Central Government may give in writing to it from time to time.
Power of Central Government to supersede Authority.20N. (1)
If, at any time
the Central Government is of the opinion,--
(a) that, on account of circumstances beyond the control of the Authority,
it is unable to discharge the functions or perform the duties imposed on it by or
under the provisions of this Act; or
(b) that the
Authority has persistently defaulted in complying with any
direction given by the Central Government under this Act or in the discharge of
the functions or performance of the duties imposed on it by or under the
provisions of this Act and as a result of such default
the financial position of
the Authority or the administration of the Authority has suffered; or
(c) that circumstances exist which
render it necessary in the public interest
so to do,
the Central Government may, by notification in the Official Gazette, supersede
the
Authority for such period, not exceeding six months, as may be specified in the
notification and appoint a person or persons
as the President may direct to exercise
powers and discharge functions under this Act:
Provided that before issuing any such notification,
the Central Government
shall give a reasonable opportunity to the Authority to make representations against
the proposed supersession
and shall consider the representations, if any, of the
Authority.
(2) Upon the publication of a notification under sub-section (1)
superseding the
Authority,--
(a) the Chairperson and all other whole-time members and part-time
members shall, as from the date of
supersession, vacate their offices as such;
(b) all the powers, functions and duties which may, by or under the
provisions of this
Act, be exercised or discharged by or on behalf of the
Authority shall, until the Authority is reconstituted under sub-section (3),
be
exercised and discharged by the person or persons referred to in
sub-section (1); and
(c) all properties owned or controlled by
the Authority shall, until the
Authority is reconstituted under sub-section (3), vest in the Central
Government.
(3) On or before
the expiration of the period of supersession specified in the
notification issued under sub-section (1), the Central Government shall
reconstitute
the Authority by a fresh appointment of its Chairperson and other whole-time
members and part-time members and in such
case any person who had vacated his
office under clause (a) of sub-section (2) shall not be deemed to be disqualified,
subject to
the provisions of sub-section (3) of section 20F for reappointment for the
remaining period.
(4) The Central Government shall cause
a copy of the notification issued under
sub-section (1) and a full report of any action taken under this section and the
circumstances
leading to such action to be laid before each House of Parliament at
the earliest.
Bar of jurisdiction of civil court.20-O. No civil
court shall have jurisdiction in
respect of any matter which the Authority is empowered by or under this Act to
determine and no
injunction shall be granted by any court or other authority in
respect of any action taken or to be taken in pursuance of any power
conferred by or
under this Act.
Annual report.20P. (1) The Authority shall prepare once in every year, in such
form and at such time
as may be prescribed by the Central Government, an annual
report giving full description of all the activities of the Authority for
the previous
year.
(2) A copy of the report received under sub-section (1) shall be laid, as soon as
may be after it is received,
before each House of Parliament.
Power to call for information.20Q. Where the Central Government considers it
expedient so to do,
it may, by order in writing call upon the Authority or the
competent authority, as the case may be, to furnish in writing such information,
in
such form and manner as may be prescribed, relating to its affairs as the Central
Government may require.".
8. Amendment of section
30-In section 30 of the principal Act,--
(a) in sub-section (1),--
(i) for the words "imprisonment which may extend to three months",
the
words "imprisonment which may extend to two years" shall be substituted;
(ii) for the words "fine which may extend to five thousand
rupees", the
words "fine which may extend to one lakh rupees" shall be substituted;
(b) in sub-section (2), for the words "fine which
may extend to five thousand
rupees", the words "imprisonment which may extend to two years or with fine
which may extend to one lakh
rupees or with both" shall be substituted.
9. Insertion of new sections 30A, 30B and 30C- After section 30 of the principal
Act, the following sections
shall be inserted, namely:--
Punishment for construction, etc., in prohi-bited area. "30A. 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 prohibited area, shall be punishable with
imprisonment not exceeding two years or with fine
which may extend to one lakh
rupees or with both.
Punishment for construction, etc., in regulated area.30B. 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.
Offences by officers of Government.30C. 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.".
10. Insertion of new sections 35A and 35B- After section
35 of the principal Act, the
following sections shall be inserted, namely :--
Obligation to survey the protected prohibited area
and regulated areas. "35A.
(1) The Director-General shall, within such time as may be specified by the Central
Government, conduct
a survey or cause survey to be conducted in respect of all
prohibited areas and regulated areas for the purpose of detailed site
plans.
(2) A report in respect of such survey referred to in sub-section (1) shall be
forwarded to the Central Government and to
the Authority.
Identification of un-authorised constructions on or after 16th June, 1992.35B.
(1) The Director-General shall, within
such time as may be specified by the Central
Government, identify or cause to be identified, all constructions (of whatever nature)
made on and after the 16th day of June, 1992 in all prohibited areas and regulated
areas and, thereafter, submit from time to time
a report in respect thereof to the
Central Government.
(2) The Director-General shall, for the purposes of sub section (1), have
the
power to call for information from the local bodies and other authorities.".
11. Amendment of section 38- In section 38 of the
principal Act, in sub-section (2),
after clause (c), the following clauses shall be inserted, namely:--
"(ca) the categories of ancient
monuments or archaeological sites and remains,
declared as of national importance, under sub-section (1) of section 4A;
(cb) the
manner of making application for grant of permission under
sub-section (1) of section 20D;
(cc) the category of applications in respect
of which the permission may be
granted and applications which shall be referred to the Authority for its
recommendation, under sub-section
(2) of section 20D;
(cd) the other matters including heritage controls such as elevations, facades,
drainage systems, roads and service
infrastructure (including electric poles, water
and sewer pipelines) under sub-section (2) of section 20E;
(ce) the manner of preparation
of detailed site plans in respect of each
prohibited area and regulated area and the time within which such heritage bye-laws
shall
be prepared and particulars to be included in each such heritage bye-laws under
sub-section (3) of section 20E;
(cf) salaries and
allowances payable to, and the other terms and conditions of
service of, the whole-time Chairperson and whole-time members, or fees
or
allowances payable to the part-time members, of the Authority under sub-section (1)
of section 20H;
(cg) the form in which and time at which the Authority shall
prepare an annual
report giving full description of its activities for the previous year under section 20P;
(ch) the form and manner
in which the Authority and competent authority shall
furnish information to the Central Government under section 20Q;".
12. Validation
of action taken, etc., under notification No.S.O.1764, dated 16th June,
1992.- Notwithstanding anything contained in any judgment,
decree or order of any
court, tribunal or other authority--
(a) any thing done or purported to be done or any action taken or purported
to
be taken by the Central Government, except as provided in the second proviso to
sub-section (3) of section 20A, immediately before
the commencement of this Act,
in pursuance of the notification of the Government of India in the Department of
Culture (Archaeological
Survey of India) number S.O.1764, dated the 16th June,
1992 issued under rule 34 of the Ancient Monuments and Archaeological Sites
and
Remains Rules, 1959, shall be deemed to be and deemed to have always been done
or taken validly and in accordance with law at
all material times [except as provided
in the second proviso to sub-section (3) of section 20A] and no action taken or thing
done
(including any order made, agreement entered into, or notification issued for
constituting any Expert Advisory Committee) in connection
with any permission
granted or licence issued for any construction in a prohibited area or a regulated area
in respect of a protected
monument, shall be deemed to be invalid or ever to have
become invalid except as provided in the second proviso to sub-section (3)
of
section 20A merely on the ground that the Ancient Monuments and Archaeological
Sites and Remains Act, 1958 or the rules, orders or notifications issued thereunder
did not contain any provision for constitution of an Expert Advisory Committee
or
Advisory Committee, as the case may be;
(b) no suit, claim or other proceedings shall be instituted, maintained or
continued in
any court, tribunal or other authority for any permission or licence
granted by the Central Government or the Director-General under
the Ancient
Monuments and Archaeological Sites and Remains Act, 1958 or any rule, order or
notification made thereunder for carrying out any repair, renovation or construction
work or for undertaking
any public work or public project before the
commencement of this Act;
(c) no claim or challenge shall be made in or entertained
by any court, tribunal
or other authority solely on the ground that the Central Government or the Director-
General did not take
into consideration any of the provisions of the Ancient
Monuments and Archaeological Sites and Remains Act, 1958, as amended by the
Ancient Monuments and Archaeological Sites and Remains (Amendment and
Validation) Act, 2010, in granting any permission or licence for the purpose of
carrying out any mining or repair, renovation or construction work in a
prohibited
area or a regulated area at any time between the 16th day of June, 1992 and the date
of commencement of this Act.
13.
Repeal and savings- (1) The Ancient Monuments and Archaeological Sites and
Remains (Amendment and Validation) Ordinance, 2010 is
hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the
principal Act, as amended by the said
Ordinance, shall be deemed to have been done or
taken under the corresponding provisions of the principal Act as amended by this
Act.
V. K. BHASIN,
Secy. to the Govt. of India


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