New authority to oversee permissions for constructions
PANJIM, AUG 13
The soon-to-be constituted National Monument Authority (NMA) will scrutinise all applications seeking permissions for construction and reconstruction in areas marked as ‘prohibited’ and ‘regulated’ in Old Goa that houses world heritage sites.
The NMA is a provision in the Ancient Monuments and Archaeological Sites and Remains (Amendment & Validation Act) Act 2010 that was passed in Parliament. The Government of India has issued a Gazette Notification dated March 30, 2010, of the said amendment. This Act amends The Ancient Monuments and Archaeological Sites and Remains Act 1958.
Superintending Archaeologist, Dr Shivananda V Rao, who took over the reigns of ASI Goa a little over a year ago, observed, “This Act is very strict having a provision for stronger penalisation than before. Before the amendment to the AMASR Act, any person carrying out illegal construction in the prohibited areas would get away with Rs 5,000 penalty or imprisonment upto three months, but with the new law the punishment has been enhanced to Rs 1 lakh and jail term of upto two years.”
Dr Rao said, “The purpose of the new Act is to preserve and protect heritage and reflects the Government’s determination to ensure that no constructions, including public projects, come up within the ‘prohibited area’ around the monuments.”
He informed that the President of India will appoint the Chairman of NMA, which is a very high-level panel. The Chairperson will be assisted by five members who will be appointed on the recommendation of a selection committee, he mentioned, and added, “Deliberations pertaining to the constitution of this authority are presently on at the Centre.”
The Act defines ‘prohibited area’ as the one that begins from the boundary wall protecting the monument and extending upto 100 metres. The area extending upto 200 metres from where the 100 metre prohibited stretch ends is defined as the regulated area. The total area (prohibited and regulated) totals upto 300 metres.
The amended Act further makes very clear no constructions, whatsoever, including any public projects, will be allowed in the prohibited areas of the protected monuments and the permission for construction or reconstruction activities in regulated areas shall be governed by heritage bye-laws.
Dr Rao informed that ASI has constituted a monitoring cell in April this year to keep a close watch on illegal activities in protected areas in an effort to strictly implement the provisions of the Act, a copy of which has been sent to the District Collector, Village Panchayat and authorities concerned.
He said the Central Act supersedes local laws. The Old Goa Village Panchayat will have to forward applications seeking permissions for constructions to ASI Goa which in turn will send the same to NMA for scrutiny and final approval.
ASI which looks after four areas of heritage importance in Old Goa has marked the prohibited and regulated areas as per the recommendations of the new Act. Dr Rao has appealed to the authorities concerned and citizens to assist it in implementing the provisions of the Act.
Meanwhile, construction activities in the said areas will have to remain on hold till the NMA is constituted.
