HERITAGE LEGISLATION IN INDIA An Overview

IHCN, SECOND BIENNIAL CONFERENCE Hyderabad, AP, 18-20 Dec.2008

Presentation by Shikha Jain, DRONAH

IHCN Conference participants

Andhra Pradesh Hyderabad Bihar Patna and Bodhgaya Goa Gujarat Ahmedabad Haryana Kurukshetra Himachal Pradesh Chamba Jammu and Kashmir Srinagar Karnataka- Mysore Kerala Cochin Maharashtra Mumbai Madhya Pradesh Burhanpur, Bhopal, Gwalior, Indore, Ujjain, Maheshwar, Jabalpur New Delhi Orissa - Puri Punjab Rajasthan Bharatpur, Jaipur, Jodhpur Udaipur Uttar pradesh - Varanasi Pondicherry Chandigarh

28 States and 7 centrally administered Union Territories

STATUS OF HERITAGE IN INDIAN CITIES TODAY!

Only protected monuments are conserved or get funds for conservation. Cities have significant heritage which is neither listed nor protected and is getting lost by demolitions/changes

HERITAGE LEGISLATION IN INDIAN CITIES

FOR PROTECTED MONUMENTS Centre - Monuments and Antiquities Act, 1961 - Only restricted to protected monuments in the Country. This was an amendment to an earlier Act of 1901 framed by the ASI

State - Monuments and Antiquities Act, 1961 is adopted for protected monuments by most states

WHICH 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

HOW CAN THIS LEGISLATION REFLECT IN PLANNING ?

Central - As per the Indian constitution, only State (not Centre) can enact laws relating to land and local governance. Central govt. can enact legislation only for railways, national highways and other communication means or the seven Union Territories. State - Town and Country Planning Act areas defined by the state - metropolitan, regional and area plans Local - Local Planning authorities prepare a Master Plan Development Agencies/ Municipal Corporations /LocaL Panchayats for rural areas

Maharashtra The Pioneer of Heritage Legislation

ACTS
Maharashtra Regional and Town Planning Act, 1966 as modified upto 1988. BMRDA Act, 1975 MHADA Act 1976 Maharashtra (Urban Areas) Preservation of Trees Act, 1975.

APPLICATION
Local Urban Areas, Metropolitan Areas, Regional Level

HERITAGE LEGISLATION Amendment in 1995

Initiated by Mumbai; adapted/in process by Pune, Aurangabad, Nagpur, Kolhapur, Amravati, Bhandara and Nashik

Post Maharashtra Impact

Model Regulations circulated by MOEF to all State Governments and Union Territories on 28th December 1995

Andhra Pradesh
ACTS Andhra Pradesh Urban Areas (Development) Act, 1975 APPLICATION Local Urban Metropolitan Areas HERITAGE LEGISLATION Amendment in 2000 by HUDA for Hyderabad

Initiated in Hyderabad; adapted/in process by Warangal, Puttaparthi, Vishakapatnam, Tirupati and Vijaywada

Punjab
ACTS APPLICATIO HERITAGE N LEGISLATION
Local Urban Areas

Punjab Town Improvement Act, 1922 Punjab Scheduled Roads and Controlled Areas (Restriction of unregulated development) Act 1963.

Amendment made in April 2003

Though amendment to the act is made, there is no change in regulations/byelaws at local level

Delhi
ACTS APPLICATION HERITAGE LEGISLATION

The Delhi Development Act, 1957

Local Urban Areas

Delhi Building Byelaws modified in Feb. 2004 Executed on the orders of Supreme Court after a writ petition was filed in 2002 by O P Jain

Gujarat
ACTS APPLICATIO HERITAGE N REGULATION

Local - Urban Gujarat Town Planning & Urban Metropolitan Development Act, Areas 1976

CRZ Protection

Comprehensive Act and Heritage legislation amendment integrated in Sep. 2007

Initiated in Ahmedabad; in process by other cities like Vadodara, Surat , Rajkot, Bhavnagar, Jamnagar Bhuj , Junagadh and others.

Rajasthan
ACTS APPLICATION HERITAGE LEGISLATION TCP Act still pending Central govt. approval

Rajasthan Urban Improvement Act 1959 as amended in 1991 Rajasthan Monuments , Archaeological Sites and Antiquities Act, 1961

Local Urban Areas, Metropolitan Areas

Draft amendment to the Act in process. Dec.2008

Act to be implemented across the State but is limited by its monument specific approach

Goa
ACTS Goa, Daman & Diu Town and Country Planning Act 1976 APPLICATIO HERITAGE N REGULATION
Local Urban Areas, Regional Level Comprehensive legislation but heritage amendment pending

CRZ, an important tool for Goa till amendment is made in TCP Act

Haryana
ACTS APPLICATION HERITAGE REGULATION
No comprehensive planning legislation

Punjab Regional Level scheduled Roads & ControlledAreas Restriction of Unregulated Development Act, 1963 Haryana Urban Development Authority Act, 1971.
Local Urban Areas

INTACH in dialogue with the govt. for amendment in the act

Madhya Pradesh
ACTS APPLICATION HERITAGE REGULATION
Comhrehensive TCP legislation Heritage amendment pending

Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam 1973

Local Urban Areas, Metropolitan Areas, Regional Level

Bihar
ACTS APPLICATION HERITAGE REGULATION

Local Urban Bihar Town Areas, Regional Planning & Level Improvement Trust Act, 1951

Bill under consideration. No efforts for heritage legislation

Himachal Pradesh
ACTS APPLICATION HERITAGE REGULATION

Himachal Pradesh Town & Country Planning Act, 1977

Local Urban Areas

Comprehensive TCP legislation but no effort on heritage legislation

EPA can be an important tool for Himachal till amendment is made in TCP Act

Jammu and Kashmir

ACTS APPLICATION HERITAGE REGULATION
No comprehesive planning

J & K Town Planning Act, 1963

Local Urban Areas

J&K Development Act, 1970

EPA can be an important tool for J&K till amendment is made in TCP Act

Karnataka
ACTS APPLICATIO N Local Urban Metroploitan Areas HERITAGE REGULATION Amendments under consideration

Karnataka T & CP Act, 1964. Bangalore Development Authority Act (1976). Bangalore Metropolitan Regional Development Authority Act, 1985. Karnataka Urban Development

Metropolitan region

Urban centres

Kerala
ACTS APPLICATI ON HERITAGE REGULATION
No comprehensive TP Act for the State - no amendments for heritage

The Travancore Local Urban Areas Town & Country Planning Act, 1945 as amended in 1947 and 1975 The Travancore Town Planning Regulations, 1932 as amended in 1960. The Madras Town Planning Act, 1920 as amended

Orissa
ACTS APPLICATION HERITAGE REGULATION
Not comprehensive heritage legislation pending

The Orissa Local Urban Town Planning Areas and Improvement Trust Act, 1956 as amended in 1976 Orissa Development Authority Act, 1982.

Puducherry
ACTS APPLICATION HERITAGE REGULATION

The Pondicherry Town & Country Planning Act, 1969

Extended to whole of UT

Amendments based on Goa Act underway heritage amendments not incorporated

Chandigarh
ACTS Capital of Punjab (Development & Regulation) Act, 1952 Punjab New Capital (Periphery) Control Act, 1952 Chandigarh Trees Preservation Order, 1952 APPLICATION HERITAGE REGULATION
WHS Nomination for Urban Heritage in process Could adopt the amended Punjab Act.

Extended to whole of UT

Uttar Pradesh
ACTS Uttar Pradesh Urban Planning and Development Act, 1973 APPLICATION HERITAGE REGULATION
Draft under consideration no amendments for heritage

Local Urban areas

Uttar Pradesh
ACTS Uttar Pradesh Urban Planning and Development Act, 1973 APPLICATION HERITAGE REGULATION
Draft under consideration no amendments for heritage

Local Urban areas

HERITAGE LEGISLATION IS ESSENTIAL TO SAVE OUR HERITAGE!

KNOW ALL EXISITNG ACTS AND REGULATIONS THESE ARE OUR TOOLS TO INTRODUCE HERITAGE LEGISLATION!