Q. 1 What is NMA?
Answer. NMA i.e. National Monuments Authority has been established under the provisions of ‘The Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010'.
Q. 2 What are NMA's functions?
Answer. Functions and powers of NMA:-
(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 suggest measures for implementation of the provisions of this Act;
(e) To consider the impact of large-scale development 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 recommend actions to the competent authority for grant of permission.
Q. 3 What are the limits of prohibited and regulated areas?
Answer. The minimum prohibited area in respect of centrally protected monuments and protected areas is 100m, in all directions beginning at the limit of the protected area of the centrally protected monument or site. The minimum limit of regulated area of centrally protected monuments and protected areas is 200m which will begin from the limit of the prohibited area. These limits area extendable as per the classification of the centrally protected monuments and protected areas on the recommendation of the National Monuments Authority.
Q. 4 Will any new construction, including Government/public work be permitted in the prohibited area?
Answer. No permission for construction, including Government/public work is to be permitted in the prohibited area of centrally protected monuments and protected areas as per the Amendment Act.
Q. 5 What will be the status of constructions that already exists within the prohibited area prior to this Amendment ?
Answer. Repairs and renovation of the existing buildings and structures is , however, permissible.,
Q. 6 Is it possible to undertake reconstruction of the existing building which is in dilapidated condition located in prohibited area?
Answer. As per the Amendment Act no reconstruction of the existing building is permissible.
Q. 7 What is the provision for new construction or reconstruction or repair or renovation in regulated areas?
Answer. Permission for construction or reconstruction or repair or renovation could be granted by the Competent Authority in the regulated area.
Q. 8 What is the procedure for taking permission for any new construction or repair, renovation etc., in prohibited area or regulated area?
Answer. The interested person may have to apply to the Competent Authority who may on the basis of recommendation of the National Monument Authority may grant or reject the permission.
Q. 9 Who are the CAs?
Answer. As per the provisions of ‘The Ancient Monuments and Archaeological Sites and Remains (Amendment and Valicdation) Act, 2010', the NMA is the competent authority to issue the recommendation for carrying out any repair/renovation in any property located in the prohibited area (upto 100 mtr. In all directions from any centrally protected monument / site), whereas the Competent Authority declared by the Central Government in consultation with the respective State Government after issuing the notification, is empowered to issue NOC for carrying out any repair/renovation in any property located in the regulated area (from 100 mtr. to 300 mtr. in all directions from any centrally protected monument/site). However, the NMA is empowered to recommend the construction/reconstruction proposals received through the concerned Competent Authorities for the properties located in the regulated area (from 100 mtr. to 300 mtrs. in all directions from any centrally protected monument/site) and subsequently, the respective Competent Authority has to issue NOC. No permission of construction/reconstruction is allowed in the prohibited area of any centrally protected monument/site.
There are 34 CAs notified,generally one for each state/UT. A complete list of CAs with their jurisdiction is available on NMA website..
Q. 10 Is it possible to undertake any extra construction to the existing building located in the prohibited area?
Answer. No construction is permitted in the prohibited area.
Q. 11 Is it a fact that rules in regard to construction, reconstruction, repairs and renovation have recently been changed ?
Answer. Yes, The Central Government has enacted the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010 which was published in the Gazette of India on 30.3.2010.
Q. 12 Since when the Amendment Act has come into force?
Answer. The Amendment Act is deemed to have come into force (except sections 3, 5, 7 & 8 to 11) on the 23rd January, 2010.
