2. 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
3. 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
4. CENTRAL
• Environment Protection Act 1986
• CRZ Notification, 1991 and MOEF
Notification, 2003
STATE
• State Town and Country Planning Acts
LOCAL
• Development Control Rules/ Byelaws
WHICH EXISTING ACTS CAN BE USED FOR
HERITAGE PROTECTION IN INDIAN CITIES?
5. 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
HOW CAN THIS LEGISLATION REFLECT IN
PLANNING ?
6. Maharashtra – The Pioneer of
Heritage Legislation
ACTS APPLICATION HERITAGE
LEGISLATION
Maharashtra
Regional and
Town Planning
Act, 1966 as
modified upto
1988.
Local Urban
Areas,
Metropolitan
Areas, Regional
Level
Amendment in
1995
BMRDA Act,
1975
MHADA Act
1976
Maharashtra
(Urban Areas)
Preservation of
Trees Act,
1975.
Initiated by Mumbai; adapted/in process by
Pune, Aurangabad, Nagpur, Kolhapur,
Amravati, Bhandara and Nashik
7. Model Regulations circulated by MOEF
to all State Governments and Union
Territories on 28th December 1995
Post Maharashtra Impact
8. Andhra Pradesh
ACTS APPLICATION HERITAGE
LEGISLATION
Andhra
Pradesh
Urban Areas
(Development)
Act, 1975
Local – Urban
Metropolitan
Areas
Amendment in
2000 by HUDA
for Hyderabad
Initiated in Hyderabad; adapted/in process by
Warangal, Puttaparthi, Vishakapatnam, Tirupati
and Vijaywada
9. Punjab
ACTS APPLICATIO
N
HERITAGE
LEGISLATION
Punjab Town
Improvement
Act, 1922
Punjab Scheduled
Roads and
Controlled Areas
(Restriction of
unregulated
development) Act
1963.
Local Urban
Areas Amendment
made in April
2003
Though amendment to the act is made, there is
no change in regulations/byelaws at local level
10. 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
11. Gujarat
ACTS APPLICATIO
N
HERITAGE
REGULATION
Gujarat Town
Planning & Urban
Development Act,
1976
CRZ Protection
Local - Urban
Metropolitan
Areas
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.
12. Rajasthan
ACTS APPLICATION HERITAGE
LEGISLATION
Rajasthan
Urban
Improvement
Act 1959 as
amended in
1991
Rajasthan
Monuments ,
Archaeological
Sites and
Antiquities Act,
1961
Local Urban
Areas,
Metropolitan
Areas
TCP Act still
pending Central
govt. approval
Draft
amendment to
the Act in
process.
Dec.2008
Act to be implemented across the State but is
limited by its monument specific approach
13. Goa
ACTS APPLICATIO
N
HERITAGE
REGULATION
Goa, Daman &
Diu Town and
Country
Planning Act
1976
Local Urban
Areas,
Regional
Level
Comprehensive
legislation but
heritage
amendment
pending
CRZ, an important tool for Goa till
amendment is made in TCP Act
14. Haryana
ACTS APPLICATION HERITAGE
REGULATION
Punjab
scheduled
Roads &
ControlledAreas
Restriction of
Unregulated
Development
Act, 1963
Haryana Urban
Development
Authority Act,
1971.
Regional
Level
Local Urban
Areas
No
comprehensive
planning
legislation
INTACH in dialogue with the govt. for
amendment in the act
17. 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
18. Jammu and Kashmir
ACTS APPLICATION HERITAGE
REGULATION
J & K Town
Planning Act,
1963
J & K
Development
Act, 1970
Local Urban
Areas
No
comprehesive
planning
EPA can be an important tool for J&K
till amendment is made in TCP Act
19. Karnataka
ACTS APPLICATIO
N
HERITAGE
REGULATION
Karnataka T &
CP Act, 1964.
Bangalore
Development
Authority Act (1976).
Bangalore
Metropolitan
Regional
Development
Authority Act, 1985.
Karnataka Urban
Development
Authority Act, 1987
Local Urban
Metroploitan
Areas
Metropolitan
region
Urban
centres
Amendments
under
consideration
20. Kerala
ACTS APPLICATI
ON
HERITAGE
REGULATION
The Travancore
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
in 1975
Local Urban
Areas
No
comprehensive
TP Act for the
State - no
amendments for
heritage
21. Orissa
ACTS APPLICATION HERITAGE
REGULATION
The Orissa
Town Planning
and
Improvement
Trust Act, 1956
as amended in
1976
Orissa
Development
Authority Act,
1982.
Local Urban
Areas
Not
comprehensive
– heritage
legislation
pending
23. Chandigarh
ACTS APPLICATION HERITAGE
REGULATION
Capital of
Punjab
(Development
& Regulation)
Act, 1952
Punjab New
Capital
(Periphery)
Control Act,
1952
Chandigarh
Trees
Preservation
Order, 1952
Extended to
whole of UT
WHS
Nomination for
Urban Heritage
in process
Could adopt the
amended
Punjab Act.
24. Uttar Pradesh
ACTS APPLICATION HERITAGE
REGULATION
Uttar Pradesh
Urban
Planning and
Development
Act, 1973
Local Urban
areas
Draft under
consideration –
no amendments
for heritage
25. Uttar Pradesh
ACTS APPLICATION HERITAGE
REGULATION
Uttar Pradesh
Urban
Planning and
Development
Act, 1973
Local Urban
areas
Draft under
consideration –
no amendments
for heritage
26. HERITAGE LEGISLATION IS ESSENTIAL TO
SAVE OUR HERITAGE!
KNOW ALL EXISITNG ACTS AND REGULATIONS –
THESE ARE OUR TOOLS TO INTRODUCE HERITAGE
LEGISLATION!
