Indian Archaeological study through a Legal Lens: Inquiry on the Legal perspectives with Special Emphasis on Heritage By-Laws.
India as a country is recognized for its culture, heritage, religion and varied interests in the
citizens in the social, economic, political, and psychological spheres of society. The cultural arena of the country encompasses distinguished elements ranging from festivities, celebrations, and attires to monuments, buildings, antiquities and historical sites. Ancient architecture is paramount to know about our culture, link it with the ancestors, ensure cultural continuity and our future generations grow, equip, and enlighten in the light of heritage, its royalty, and its excellence.
Archaeology is a field of study about the same as afore discussed where experts would
be dealing with artefacts found followed by tracing the period they were produced, when and
who built the monument, the place it belongs to and so on, making use of methods of Radio-
Carbon Dating, Excavations, Explorations, Surveys (Geophysical for Marine Excavation) and
the list goes on. The Government of India since the colonial rule has made attempts to conserve the buildings and as a result, Enacted The Ancient Monuments and Archaeological Sites and Remains Act 1958 (AMASR Act) and distinct legislations like that of The Antiquities and Art Treasures Act 1972, Indian Treasure Trove Act 1878, rules, and guidelines for the functioning of authorities. The abovementioned has been possible due to India’s Membership in the United Nations Scientific, Educational and Cultural Organization (UNESCO), which mandates the preservation of culture through conventions which have been ratified by the nation. The National Monument Central Govt has established authority and primarily we can Notice the Archaeological Survey of India working towards Regulation under the Ministry of Culture. The Archaeologists headed by the Director General are guided by the Act of 1958, and its amendment Act 2010 which instructs to frame Heritage bylaws inclusive of all the matters relevant to the monument, its infrastructure, history, mapping and so on. The Present Paper Emphasizes the Importance of Preservation followed by the fulfilment of criteria as stated in the Indian Constitution under Article 253 which is to abide by International Treaties and agreements, how far India is working in Consonance with UNESCO is the concept of Heritage Bye-Law Convincing for preservation as that is the focus of Work. The Research is performed using the Doctrinal method, by collecting secondary data from Reliable sources, analyzing the data available, finding Gaps and filling the same with the Recommendations. The work clearly states that Bylaws are requisite and amendments could be made in their Operation Machinery by the Central Government. An attempt has been made by researchers to analyse the heritage Bye Laws concept and interpret the relevance with the concept of preservation, protection and regulation of Archaeology in the Nation.
Keywords: Archaeology, Antiquities, The Ancient Monuments and Archaeological Sites and
Remains Act 1958, UNESCO, National Monument Authority, Heritage bylaws, Constitution.
Archaeology is studying past, Human Civilizations through the remains, and ruins. These remains can be any objects that people created, modified, or used. The subject wide opens several perspectives to look at, when the excavations, and explorations are performed in a site. The best example would be of recent Ayodhya Judgement, which where Supreme Court proclaimed in the light of the presence of Hindu Temple remains found during Archaeological surveys by the team. The monuments are picked up as of National Importance under Sec 4 of AMASR At 1958, safeguarded against encroachments and people are allowed to visit and cherish the architectural, and cultural significance of the same. The Ministry of Culture guides archaeological operations through the Archaeological Survey of India and there are different trusts like the of Indian National Trust for Art and Cultural Heritage, Databases, Libraries, and Research centres present where the Government agrees with Private Entities, Research Labs (Monument Mitra Scheme) and the ancient sites are under surveillance. The Director General, Competent Authorities, and Superintending Archaeologists are actively working force at the Centre and in the States respectively. The Department works in line with the membership it possesses in UNESCO and conventions it is signatory to, mandated by Article 253 of the Indian Constitution where Parliament can frame laws acquainted with International Agreements. The World Heritage Convention ratified thereby acts as a catalyst to develop safety policies followed by framing laws for regulation and recognizing the Heritage sites through nomination lists of monuments finalized by state parties. The Ancient Monument and Archaeological Sites and Remains act 1958 is the outcome of the same, laying down several provisions including the declaration of Protected Monuments, Prohibited, Regulated Areas, Constitution of the National Monument Authority and the framing of Heritage Bye-laws, the subject of this paper. The heritage bylaws are drafted to give a detailed note on the site inclusive of mapping, elevations, facades, and history and this facilitates the discovery of ancestral artefacts, upholding our heritage. The laws are important to be brought with certain amendments like that of coming up with the committee dealing particularly with it and many more as to be discussed in further sections. The present paper is divided into different sections which deal with the literature review, scope of the study, objectives of the study and Research questions on what the paper is all about. The first section describes Archaeology in India, followed by UNESCO Convention Ratifications by India, the Legal Dimension, The AMASR Act 1958, Heritage bylaws and improvising the working of laws in the country coupled with a Conclusion and recommendations.
The Webinar conducted on the Concept of Heritage at Risk, addressing Environmental and Human threats in Archaeological Sites (March 2023) was fruitful in giving inputs on the danger posed on Archeological sites due to environmental and human factors and UNESCO’s report specifies, that 30% of sites are under risk and therefore protection is requisite for developing infrastructure, resources. The ways to address threats are as below:
- Outreach Programmes
- Use of Technology
The Standing Committee Report (359th) on Functioning of Archaeological Survey of India 2023, discusses the observations which are the shortcomings of Archaeological Functioning and needs to be solved. The Committee suggests legislators to make Amendments in Enactments that is as follows:
- ASI signing Memorandum of Understanding with research labs, and universities.
- Restricted area development around monuments
- Rationalisation of List of Centrally Protected Monuments
- Issues to be resolved about Restoration
- Gaps in Excavation Sites
- Encroachments to be guided
- Sluggish Documentation- of Antiquities
- Vacancy in ASI
- Monument Mitra Scheme- Private and Public Entities Partnership
The National Mission on Monuments and Antiquities(NMMA) database on Antiquities and heritage sites shall be improvised and Corporate Social Responsibility should be encouraged.
The Standing Committee Report on Development and Conservation of Museums, Archaeological Sites states the enhancement of Museums by coming up with museum policy. Archaeological Survey of India to establish a model process for the maintenance of Archival records. The QR Codes shall be linked to webpages, with online maps for interactive experience and Footfall shall be advanced.
The Enactment Ancient Monument Preservation Act 1904 was first passed followed by the Ancient Monuments and Archaeological Sites and Remains Act 1958 which have several provisions for the preservation of Cultural Heritage in the Country in 2010, The Amendment and Validation Act was approved where introductions of the National Monument Authority, Prohibited and Regulated Areas, Heritage Bye-Laws, Enhancement of Punishment and Enforcement of Agreements between Owners and Central Government, Monument Guardianship. The act guides in Preservation Policy Formations and formulations. The Antiquities and Art Treasures Act of 1972 laid down laws for the Registration of Antiquities, Export, Compulsory Acquisition of Materials, Power of Entry, Search and Seizure and Offences of Companies. The rules like Ancient Monuments and Archaeological Sites and Remains Rules 1959, Framing of Heritage bye-law rules 2011 have been drafted dealing with the fee to be charged on Monuments, Categories of Monuments, preparation of Site plan for Heritage bye-law, Documentation Centers development and many more.
NITI Aayog Working Group Report on Improving Heritage Management in India has produced a comprehensive picture of work, where it is of opinion that the Archaeological Department is Underfinanced and needs more funding. They divide Monuments as Functional and Non-Functional depending upon their use and the concept of Temple Trusts and Committees are highlighted. The Non-Governmental Organisations role is described where those of Aga Khan Trust for Culture, Indian National Trust for Art and Cultural Heritage (INTAC), International Council on Monuments and Sites (ICOMOS) and World Monuments Fund are in a better position to make plans for Conservation.
The Report of CAG, Follow-up on Performance Audit of Preservation and Conservation of Monuments and Antiquities 2022, speak about the improvements that could be brought. The Vacancy is the epicentre of the paper followed by branches of Archaeology (Science, Horticulture, Epigraphy) is elaborated and Budgeting since the year 2014 is mentioned, Documentation on Monuments and Antiquities number is provided. The Missing monuments are noted to be 92 out of which 42 have been traceable.
The Research Paper entitled India: Historical Archaeology by Barry Lewis Department of Anthropology, University of Illinois at Urbana-Champaign, Urbana, IL, USA has been an insightful source in explaining the growth of research in Archaeological studies in India Since the Colonial Period Scholar speaks about major excavation that is Indus Valley Civilisation and Indo-Aryan debate following the same. The issues prevalent as said are Religious Fundamentalism, Modern Political Agenda and a need for efficient leadership by ASI as said by Researcher.
The Research done so far has been observed with remarks that Archaeological Study in India is not developed yet and requires attention from Governmental Authorities by passing efficient bills inclusive of Committee report recommendations, Research scholars’s inputs and Performance Audits performed so far. Being a Ratifying party of UNESCO’s Conventions and agreements about Conservation Policies, the Country lacks in bringing about amendments. The Gap here concerns the absence of requisite provisions. The Heritage bylaws can be taken which are inserted and have not been ellaborated in papers so far and the provision if improvised can fit into Cultural Dynamism and the paper emphasizes the same.
The Researcher shall be speaking about the Scope of the study, Research Design, Research Objectives and Research Questions.
Scope of the Study
The Study done in the present paper covers the aspects of Archaeology in India where diversion could be noticed towards UNESCO and Indian Partnership in Preservation of Culture and the legal dimension is emphasized here in the light of AMASR Act 1958. The Subject of Concern is Heritage Bylaws present in the enactment, which have been mandated by legislators to draft, the importance of the same and amendments to bring revamp in execution, and interpretation of the law in the country. The paper speaks about the amendments which could be brought concerning Heritage by-laws, which if implemented could bring transition in the working of the law. The suggestion is provided in the work, paving the way for further research by scholars on bringing about changes in the present framework and some possible insertions are laid down so that academicians can take up the aspect and concerning the same find solutions for prevalent research problems. The paper refrains from dealing with the comparison of the Archaeological laws of different nations and their working machinery. The enactments except the AMASR Act have not been and the Heritage bylaws concept is taken up for discussion.
The present research is done by analysing the Secondary data which is a Doctrinal method of research where the researcher has relied on reliable sources like Enactments, Parliamentary Standing Committee Reports, Comptroller and Auditor General Performance Audit reports and Audit Reports, Research Journals, Research papers, and inputs from Webinars on the respective topic.
The objectives of this present study are as mentioned below:
- Inquiry on Archaeology in India
- Study on the Legal Dimensions of Archaeology
- Analysing the Heritage by-laws
- Suggesting the Improvising Amendments.
1. Why to view Archaeology through a Legal Lens?
2. Are Enactments present, in line with UNESCO’s Convention for which India is the Signatory?
3. Does the AMASR Act 1958 fulfil the aim of regulation, protection, and preservation of Culture?
4. Can we Expect the efficiency of Heritage Conservation Policies by the laws present?
5. Is the Provision of Heritage bylaws, an apt provision inserted after Amendment Act 2010?
6. What are the necessary amendments to be made concerning Heritage bylaws?
Archaeology – Special Emphasis on India
India is well known for its rich culture, and heritage and its preservation is a major concern now. The Archaeology subject works towards the same by extracting and discovering the lost culture in the form of Artefacts, Archaeological Sites, Remains, Antiquities, Treasure, Ancient Monuments and archaeologists consider culture as a group of objects, distinctive in style, usually found together within a specific geographical area and period. The Harappa is the first place to be unearthed, dated between C.2600 and 1900 BCE followed by Mohenjodaro. The societal differences in the ancient era are found out by excavating the burials from the earth and other things such as lifestyle, dressing, economic, and psychological aspects are to be known by exploration, which is supervised by The Archaeological Survey of India (ASI). The ASI is an Organization under the Ministry of Culture that works for the recognition and protection of Monuments of National Importance, according to the Enactment and the research as could be observed in Ayodhya, Gyanvapi, Dwarka and the country for the same is divided into 37 Circles with Trained archaeologists, Conservators, Epigraphist, Architects and Scientists, Museums, Excavation Branches, Prehistory Branch, Epigraphy Branches, Science Branch, Horticulture Branch, Building Survey Project, Temple Survey Projects and Underwater Archaeology Wing. There are several Trusts present that as the Indian National Trust for Art and Cultural Heritage(INTACH), Databases like that of the State of Built Heritage of India(SOBHI), Documentation centers, and a Competent Authority (Director) is present who is the subordinate of the Director- General, Authority (National Monument Authority) that has been setup. Certain Initiatives are taken up range from Adopt a Heritage to Monument Mitra Scheme (Government-Private Partnerships for Monument Preservation), National Culture Fund and many more. The department works by the principles laid down by statutes framed by legislators and UNESCO’s Agreements on World Heritage Conservation. The monuments are enlisted to be considered as World Heritage Sites, Intangible Cultural Heritage, and Archaeological Sites in line with UNESCO’s procedure and they are allowed to be visited by people to know and appreciate the excellence of heritage, history of the nation and remains which has been subjected to several environmental, societal changes, despite which it is retained. The Archaeological study needs more enthusiasts to reach out to the subject and research in detail.
Archaeology- UNESCO and India
India became a part of UNESCO, the part of United Nations Economic and Social Council in 1946 under Asia and the Pacific. The organization works for the maintenance of Harmony and cooperation in the International Arena, in the fields of Education, Sciences, Culture, Communication, Information and Operations would be inclined towards Sustainable Development Goals. UNESCO was the product of the Conference of Allied Ministers of Education(CAME) during World War 2, encompassing European Countries against Nazi Germany. Indian Government works parallelly with the team UNESCO, for the achievement of Objectives about Education, Scientific Development, cultural preservation, and Technical Advancement and the focus of the study would be on Culture and heritage. There is a World Heritage Convention, governed by the World Heritage Committee which declares properties on the World Heritage List, providing it with eligibility to be protected and Endangered Heritage is taken care of. International Assistance mechanism is present which countries can resort to and Indian 35 requests have been responded to. There are 42 inscribed sites in the list followed by 151 Conservation Reports that have been submitted and 5-6 sites are in a Tentative state to be declared as World Heritage Sites. The World Heritage Fund has released funds up to 86,732 USD for site preservation. The sites in India part of the World Heritage List are as below-
- Agra Fort (1983)
- Ajanta Caves (1983)
- Archaeological Site of Nalanda Mahavihara at Nalanda, Bihar (2016)
- Buddhist Monuments at Sanchi (1989)
- Champaner-Pavagadh Archaeological Park (2004)
- Chhatrapati Shivaji Terminus (formerly Victoria Terminus) (2004)
- Churches and Convents of Goa (1986)
- Dholavira: a Harappan City (2021)
- Elephanta Caves (1987)
- Ellora Caves (1983)
- Fatehpur Sikri (1986)
- Great Living Chola Temples (1987, 2004)
- Group of Monuments at Hampi (1986)
- Group of Monuments at Mahabalipuram (1984)
- Group of Monuments at Pattadakal (1987)
- Hill Forts of Rajasthan (2013)
- Historic City of Ahmadabad (2017)
- Humayun’s Tomb, Delhi (1993)
- Jaipur City, Rajasthan (2019)
- Kakatiya Rudreshwara (Ramappa) Temple, Telangana (2021)
- Khajuraho Group of Monuments (1986)
- Mahabodhi Temple Complex at Bodh Gaya (2002)
- Mountain Railways of India (1999, 2005, 2008)
- Qutb Minar and its Monuments, Delhi (1993)
- Rani-ki-Vav (the Queen’s Stepwell) at Patan, Gujarat (2014)
- Red Fort Complex (2007)
- Rock Shelters of Bhimbetka (2003)
- Sacred Ensembles of the Hoysalas (2023)
- Santiniketan (2023)
- Sun Temple, Konârak (1984)
- Taj Mahal (1983)
- The Architectural Work of Le Corbusier, an Outstanding Contribution to the Modern Movement (2016)
- The Jantar Mantar, Jaipur (2010)
- Victorian Gothic and Art Deco Ensembles of Mumbai (2018)
- Great Himalayan National Park Conservation Area (2014)
- Kaziranga National Park (1985)
- Keoladeo National Park (1985)
- Manas Wildlife Sanctuary (1985)
- Nanda Devi and Valley of Flowers National Parks (1988, 2005)
- Sundarbans National Park (1987)
- Western Ghats (2012)
Indian Archaeology- The Legal Dimension
The Legal Dimension of Indian Archaeology is something to be researched as enactments are being framed by Legislators in acquiescence with UNESCO’s Convention for which India became a signatory in 1977. The legislation governs Archaeological Sites, Remains, Antiquities, Artefacts, and Treasure in the country. The Timeline of Legislation is dated to 1810 when the Colonial Government came up with Bengal Regulations, in 1817 Madras Regulations and 1861, the Archaeological Survey of India, enacted the Indian Treasure Trove Act in 1878, the Ancient Monuments Preservation Act in 1904, in 1915 introduced International Archaeological Policy and Post -Independence, Country strengthened the relation with UNESCO and improvised the working of statutes drafted prior. The Ancient Monuments Preservation Act 1904 constitutes 24 Sections, Mentionings could be seen with regards to Protected Monuments, Ancient Monuments, Acquisition of Rights by the owner, Central Government, Agreements with the owner of the site, Excavations, Protection of Sculptures, Inscriptions, Images, Carvings and Central Government has been provided with the power to Regulate Excavation in Protected areas. The Ancient Monuments and Archaeological Sites and Remains Act 1958 is the next updated statute crafted with adequate insertions followed by the Ancient Monuments and Archaeological Sites and Remains Rules 1959, Ancient Monuments and Archaeological Sites and Remains(Amendment and Validation) Act 2010, The Antiquities and Art Treasures Act 1972, Antiquities and Art Treasure Rules 1973, There are some rules like that of National Monument Authority Rules 2011, Framing of Heritage Bye-Laws and other Functions of the Competent Authority Rules 2011, facilitating the Authorities to abide by the Laws.
The Ancient Monument and Archaeological Sites and Remains Act 1958
The Enactment was passed in 1958 and serves the purpose of Preservation of Monuments and sites of National importance, Regulation of Archaeological Excavations and Protection of Carvings, Inscriptions, Sculptures and other similar objects. The sections present are 39 with various bifurcations namely:
Sites of National Importance
Prohibited and Regulated Areas
National Monument Authority
Protection of Antiquities
Principles of Compensation
The Ancient Monument is described as a structure, erection, monument, tumulus, place of interment, cave, rock sculpture, inscription, or monolith of Historical, Archaeological or Artistic Interest – existed for more than 100 years inclusive of remains, sites, land adjacent to, means of access to, inspection of Ancient Monument. Antiquity is said to, be any coin, sculpture, manuscript, epigraph, work of craftmanship, article, object or thing from a building or cave, illustrative of science, art, crafts, literature, religion, customs, morals, politics. The Archaeological Officer is for the Department of Archaeology of India and there is a Competent Authority who is an officer subordinate and superintending Archaeologists in respective states. The Director-General is appointed.
Many Important sections were inserted in the Amendment and Validation Act 2010, which as a whole makes the AMASR Act. The Amendment is considered to be significant due to the transition which could be noticed from all the previously passed bills on Archaeology in India. The Amendment act added the parts of Section 4A- Categorization and Classification as monuments of national importance where the Historical, Archaeological and Architectural Value shall be taken into note before finalizing the sites of Archaeological Vitality. Section 20A and Section 20B deal with Prohibited and Regulated areas meaning, places where monuments are present, the location of around 200 to 300 mtrs are declared as above and demands security. Section 20F constitutes the Central Government’s power to set up the National Monuments Authority. Section 30 A, 30B and 30C were added for increasing the term of Punishment which follows the Doctrine of proportionality. Punishment for Construction in a Prohibited Area is Imprisonment of the term which may extend to 2 years and a fine of 1 Lakh, for Construction in a Regulated Area, is the same as aforementioned and officers of the Government committing the offence would subject them to Imprisonment of the term which may extend to 3 years. The Jurisdiction to try offences is present with Magistrate of First Class and no inferior to him would be able to exercise.
The Owners of Monuments are encouraged to enter into agreements with the Central Government if the latter feels it to be of National Importance for preservation. Acquisition of Rights that is Director-General can purchase, take for lease, accept the gift of property by the owner and latter can grant the former guardianship. Section 20E instructs the Formation of Heritage bylaws which would support the Conservation of Incredible History present, amazing the Global Arena.
The Heritage By-Laws: An Analysis
Section 20E which was added through the Amendment and Validation Act 2010 to AMASR Act 1958, deals with the provision of Heritage By-laws. The Competent Authority is notified by the Central Government to frame Heritage Bylaws under the advice of the Indian National Trust for Arts and Cultural Heritage, the trust is registered under the Indian Trusts Act 1882. The Bye-Laws are drafted to dwell into the monument, and its details and assure the Cultural Continuity by taking up effective measures for protection. These include the elevations, drainage systems, road infrastructure, and facades of the monument followed by a Site Plan is prepared which is to be done by the rules put forth by the Central Government. The Protected Monuments, Protected Areas, and Prohibited and Regulated Areas are surveyed and Descriptions related to the same are produced in the bylaws. The Director-General shall within 5 years attempt to survey all the sites, areas and demarcation of the Site shall be taken. The Revenue Officer is Consulted to prepare the Revenue Maps with the Plot Number of the Monument to detect the Limit of Protected area. The Site Plan shall be made Seriously to bring a change in monuments to preserve history and develop infrastructure for the Sake of attracting more tourists and fetching revenue. The Plan comprises the following – structure, pathways, landscaped area, open spaces, other features like tank, well, embankments fortifications, remnants, telephone and sewage lines present, Mapping shall be accurate with such that buried items and remains, can be identified with ease. The space in the site plan should consist of the Owner’s details, possessor, lessee and Mortgage details, Area, and Present area usage. The photograph and Video of the particular Monument is also to be provided.
The Complete Parameters for the Site Plan as aforediscussed and Framing rules are given in Ancient Monuments and Archaeological Sites and Remains(Framing of Heritage Bye-Laws and other functions of the Competent Authority) Rules 2011 in Sections 21 and 22 respectively. The Competent Authority shall ensure that the law is drafted within 60 days. The House of Parliament shall pass and it must be made available to the Public through Official Gazette.
The bylaws as observed, provide us with the complete outlook of the Monument and the History of our country could be embraced by recognizing the period it was built, the architecture and the kind of perfection depicted. The Cultural Continuity that is where the heritage and its legacy are passed on to Generations is of vital concern nowadays, as we are forgetting the roots of the past and Remains are not observed by people and are merely viewed as tourist places rather than historical, significant ruins. The legislations present play a role of spreading awareness to people as to how important it is to protect the culture and it is also a Fundamental Duty as mentioned under Article 51(f). The Heritage bylaws could help in focusing on improving the Monument, its infrastructure, preservation and discovering apt measures for implementation.
The bye-laws would help research scholars to work efficiently on the monument and would catalyse the students to incline their interest towards Archaeology as a career because these laws, providing a complete picture of the ruins would create scope for further explorations, excavations, and discoveries, in turn opening doors for employment, workers, increasing the workforce, decreasing vacancy, which is the prime shortcoming of Archaeological Department as mentioned in Standing Committee reports and CAG Performance Audit.
The elements which could be noticed in the paper are of Country’s Archaeological aspects and Laws enacted to govern the same. The statutes have been noticed as a guiding force for Authority to work. Archaeology has not been a subject as crucial as any other one, people are not made aware of regulations, or guidelines for protection, and preservation instead they have just been depicted as tourist places of attraction without conveying masses the essence of Heritage Sites and its care taking. The Enactments although present coupled with the authorities, are not observed to be working properly due to a lack of Employees, fewer initiatives taken for Outreach Programs, lack of Funding, and there is no coordination noticed among stakeholders in conservation work which has been analysed by Committee reports. The National Monuments Authority has been created to declare that of national importance which is followed by prohibited, regulated area demarcation are good steps taken but could be made more effective by making archaeological sites protection, an agenda and allocating more funds, developing the area, build knowledge centre in all sites to make visitors know regarding the same and convey the seriousness of conservation programmes. The heritage -bye-laws is descriptive as above discussed and this would facilitate archaeological research and development. The necessary amendments in the bylaws could be introduced by lawmakers to make it a prominent one.
These are some of the following suggestions which if applied in the formation, and execution of Heritage-bye laws, would fetch good results, primarily citizen-centric. They are-
- Setting up a new Heritage Commission for framing and formulation of Heritage-bye law which would ease the work by providing the expertise required rather than consulting experts separately.
- The Commission shall consist of various professionals archaeologists, researchers, civil servants for execution, degree holders in history, engineers for infrastructure, and lawyers for legal advice supervised by the Chairman and deputy Chairman.
- Building technological methods for preservation by gaining knowledge about monument site plans and if any excavation is requisite, setting up an immediate team.
- Monuments are to be made citizen-friendly by setting up a Knowledge Centre in every site of national importance to help people understand the significance and seriousness of preservation.
- The Area’s nearby monuments shall be developed by opening gardens, keeping the place hygienic.
- The Vacancy would be filled by encouraging students to take up archaeology and setting up Archaeology centres at Universities for research.
- People possessing antiquities shall be allowed to deposit in the regional centres which shall be set up.
- The Missing Monuments shall be traced and the Missing Antiquities submerged by a special workforce under the National Monument Authority with separate divisions.
The present paper answers the question posed at the beginning of discussion that Archaeology needs to be analysed in legal lens as that is required for preservation, protection. The legal dimension given to any subject can help in development and people can realise the importance. The legislations fulfill to some extent the World Heritage Convention but the execution shall be made efficient by appointing officers with expertise in respective fields. AMASR Act 1958 and its Amendment, Validation Act 2010 has pivotal provisions to look at, which is driving force for maintenance of Heritage, Cultural Continuity. Heritage Conservation policies would witness revamp by the laws present which shall be backed by Committee’s recommendations, Survey reports and other reliable sources. The Heritage by-laws are vital for conservation policies as they give us a complete overview on Monument and therefore progress is seen. The Requisite changes and amendments shall be made in Heritage-bye laws for cherishing the History and ensuring Technical developments in Archaeological progress, filling up the vacancy and encouraging people to take up the course by introduction of Courses.
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