MACO216
Heritage and Jurisprudence
Curriculum Snapshot
Subject Category TC
Number of Credits 3
Lecture Periods per Week 2
MACO216 – Tutorial Periods per Week 1
Heritage and Jurisprudence Studio/Lab/Workshop/Practical’s --
Total Periods per Week 3
Objective: The objective of the course is to understand the various aspects of law and
jurisprudence needed to strengthen the discipline of heritage conservation.
Content
Unit I: Heritage Legislation in The International Context
The role of law and its importance for society. Principles and approaches to
heritage legislation in the International context e.g. Malraux Act, Civic amenities
Act, World Heritage Sites regulatory frameworks and case studies.
Unit II: Legislation
Overview of evolving heritage management systems and linked legislation in
India; ASI: Conservation Policy.
Unit III: Acts
Detailed assessment of the Indian legal framework in the context of protected
and unprotected buildings and historic settlements: AMASR (The Ancient
Monuments and Archaeological Sites and Remains Act), Model Heritage Act,
Planning Legislation, Municipal Acts, Environment Act, Rent Control Act, Slum
Act, Land Acquisition Act, etc.
. . Content
Unit IV: Planning Incentives for Conservation
AMASR Amendment 2010, 2017 and implications for urban conservation.
Regulatory mechanisms and planning incentives for conservation.
Unit V: Public Interest Litigation for Heritage assets
Case studies. Legislation pertaining to adaptive reuse: International case
studies.
Outcomes
Students finishing this course will be able to learn various aspects of law and
jurisprudence, Indian legal framework to strengthen the discipline of heritage
conservation.
The 10 Aspects of Conservation process
1. Inventories - Identification and collection of basic data
2. Documentation and Recording
3. Historical and Architectural Research
4. Value Assessment, Grading and Delineation
5. Legislation and Policy
6. Fabric Inspection, Scientific Investigation and Analysis
7. Repair and Restoration
8. Maintenance and Management
9. Tourism, Site Interpretation and Promotion
10. Provision and Upgradation of Services and Infrastructure
The monuments and historic buildings protected by law / policy in India:
‘Protected’ Monuments – at the National Level
under the Central Archaeological Act of 1956, and under the Administrative
control of the Archaeological Survey of India.
‘Protected’ Monuments – at the State Level
under the State Archaeological Acts and under the Administrative control of the
Departments of Archaeology of respective State Governments.
‘Listed’ Buildings and Precincts - at the Local Level
by notification – maintenance and repair controlled by committees and local
bodies.
Jurisprudence
The word jurisprudence stems from the Latin term juris prudentia, which means
"the study, knowledge, or science of law.“
Jurisprudence may be divided into three arms
Analytical: articulates axioms, defines terms, and prescribes the methods
that best enable one to view the legal order as an internally consistent,
logical system
Sociological: examines the actual effects of the law within society and the
influence of social phenomena on the substantive and procedural aspects of
law.
Theoretical: evaluates and critically appraises/apprises
law in terms of the ideals or goals postulated for it.
https://www.britannica.com/science/jurisprudence
Act & Law
Parameter of
Act Law
Comparison
Definition A bill when placed & pass A system of rules &
through legislative steps regulations that are
and get approved created to govern people
becomes the Act. It is and seeks their conduct
more specific for specific according to it for the
people under particular benefit people & society is
circumstances. called a Law. Laws are
created to maintain public
order and to protect
people.
Relationship Between Both An Act is a sub-set of Law. Law holds its single
purview over the larger
picture.
Objective Act caters to a specific Law abides the people to
situation i.e. what a strictly follow the defined
person will do if he/she rules and regulations.
gets stuck or face
particular circumstance.
AMASR Act, 1958
• Act No. 24 of 1958 - called the Ancient Monuments and Archaeological
Sites and Remains Act, 1958
• An Act to provide for the preservation of ancient and historical monuments
and archaeological sites and remains of national importance, for the
regulation of archaeological excavations and for the protection of sculptures,
carvings and other like objects.
• 39 Sections and Sub-sections thereto
AMASR (Amendment and Validation) Act, 2010
• Act No. 10 of 2010 - called the Ancient Monuments and Archaeological
Sites and Remains (Amendment and Validation) Act, 2010
• An Act further to amend the Ancient Monuments and Archaeological Sites
and Remains Act, 1958 (24 of 1958) and to make provision for validation of
certain actions taken by the Central Government under the said Act.
• Save as otherwise provided, it shall be deemed to have come into force
(except sections 3, 5, 7 and 8 to 11) on the 23rd day of January, 2010.
AMASR Act, 1958 - details
• 1: Short title, extent and commencement
• 2: Definitions
– 2A: Construction of references to any law not in force in the State of
Jammu and Kashmir
• 3: Certain ancient monuments, etc., deemed to be of national importance
• 4: Power of Central Government to declare ancient monuments, etc., to be
of national importance
• 5: Acquisition of rights in a protected monument
• 6: Preservation of protected monument by Agreement
• 7: Owners under disability or not in possession
• 8: Application of endowment to repair a protected monument
• 9: Failure or refusal to enter into an agreement
• 10: Power to make order prohibiting contravention of agreement under
section 6
• 11: Enforcement of agreement
• 12: Purchases at certain sales and persons claiming through owner bound
by instrument executed by owner
• 13: Acquisition of protected monuments
• 14: Maintenance of certain protected monuments
• 15: Voluntary contributions
• 16: Protection of place of worship from misuse, pollution or desecration
• 17: Relinquishment of Government Rights in a Monument
• 18: Right of access to protected monument
• 19: Restrictions on enjoyment of property rights in protected areas.
• 20: Power to acquire a protected area (Land Acquisition Act, 1894)
• 21: Excavations in protected areas
• 22: Excavations in areas other than protected areas
• 23: Compulsory purchase of antiquities, etc., discovered during excavation
operations
• 24: Excavations, etc., for archaeological purposes.
• 25: Power of Central Government to control moving of antiquities
• 26: Purchase of antiquities by Central Government
• 27: Compensation for loss or damage.
• 28: Assessment of market value of compensation (Land Acquisition Act,
1894), (Section 20 and 22 of the Antiquities and Art Treasures Act, 1972)
• 29: Delegation of powers
• 30: Penalties
• 31: Jurisdiction to try offences.
• 32: Certain offences to be cognizable
• 33: Special provision regarding fine
• 34: Recovery of amounts due to the Government
• 35: Ancient monuments, etc., which have ceased to be of national
importance
• 36: Power to correct mistakes, etc.
• 37: Protection of action taken under the act.
• 38: Power to make rules
• 39: Repeals and savings
