Provision of Article 49 Provision of Article 49 reads as follows: 49. Protection of monuments and places and objects of national importance It shall be the obligation of the State to protect every monument or place or object of artistic or historic interests,declared by or under law made by Parliament to be of national importance, […]
Boundaries of Public Welfare versus Heritage Preservation in India: Pataleshwar Caves Pune Case Part 2
The most critical point was the interpretation of Section 2(dc) of the Act. The court reasoned that the grade separator, which is an underpass set up to obviate traffic congestion and air pollution, constitutes a "facility for the public or a convenience for the public at large." Since the statutory definition of "construction" in Section 2(dc) specifically excludes the provision of facilities of this nature for the public, the PMC's work could not be regarded as prohibited construction under the Act.
Boundaries of Public Welfare versus Heritage Preservation in India: Pataleshwar Caves Pune Case Part 1
The NMA called upon Deccan College Pune to furnish an Archaeological and Heritage related impact assessment report along with proposed mitigating measures. PMC made a presentation to the NMA on April 25, 2013, and subsequently provided clarifications on May 7, 2013, to address the observations made by the Authority members.
Private Property Rights and Beautification of Taj Mahal
While determining the compensation, the concerned authority of the Union of India will bear in mind that the restrictions were applicable under Section 20A from 4th September, 1998.
AMASRA: 2.64 Section 39. Repeals and savings.
2.64 Repeals and savings 2.64.1 Bare Act Provision: 39. Repeals and savings.―(1) The Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951 (71 of 1951), and section 126 of the States Reorganisation Act, 1956 (37 of 1956), are hereby repealed. (2) The Ancient Monuments Preservation Act, 1904 (7 of […]
AMASRA: 2.64 Section 39. Repeals and savings.
2.64 Repeals and savings 2.64.1 Bare Act Provision: 39. Repeals and savings.―(1) The Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951 (71 of 1951), and section 126 of the States Reorganisation Act, 1956 (37 of 1956), are hereby repealed. (2) The Ancient Monuments Preservation Act, 1904 (7 of […]
AMASRA: 2.63 Section 38. Power to make rule.
2.63 Power to make rule 2.63.1 Bare Act Provision: 38. Power to make rule.―(1) The Central Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, […]
AMASRA: 2.62 Section 37. Protection of action taken under the Act.
2.62 Protection of action taken under the Act 2.62.1 Bare Act Provision: 37. Protection of action taken under the Act.―No suit for compensation and no criminal proceeding shall lie against any public servant in respect of any act done or in good faith intended to be done in the exercise of any power conferred by […]
AMASRA: 2.61 Section 36. Power to correct mistakes, etc.
2.61 Power to correct mistakes, etc 2.61.1 Bare Act Provision: 36. Power to correct mistakes, etc.―Any clerical mistake, patent error or error arising from accidental slip or omission in the description of any ancient monument or archaeological site and remains declared to be of national importance by or under this Act may, at any […]
AMASRA: 2.60 Section 35B. Identification of unauthorised constructions on or after 16th June, 1992.
2.60 Identification of unauthorised constructions on or after 16th June, 1992: 2.60.1 Bare Act Provision: 35B. Identification of unauthorised constructions on or after 16th June, 1992.―(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 […]