Lecture 38: Section I - Cantonment Act & Section II - Legal Requirement for Heritage Conservation

IIT Roorkee July 2018

11 Sept 202132:27

EducationalLearning

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TLDRThe video covers two acts relevant to urban planning in India - the Cantonment Act concerning administration of military garrison areas with civilian population, and heritage conservation laws like the Ancient Monuments Act to preserve historical sites. It examines key definitions, authorities, duties and powers entitled by these acts, including the establishment of Cantonment Boards and their responsibilities such as sanitation, healthcare and planning. The summary touches upon the need for heritage preservation, prohibited construction around monuments, and the government's power to acquire protected land, balancing public interest with owner rights.

Takeaways

😀 The Cantonment Act 2006 provides for administration of cantonment areas which have both military and civilian population
📝 Cantonment boards are democratic bodies similar to urban local bodies (ULBs) responsible for municipal functions
🔍 There are currently 62 cantonments across India, mostly in the northern region
🗺 Central government has powers to declare, delimit or alter boundaries of a cantonment area
🏢 Cantonment boards have duties like sanitation, healthcare, education, fire safety, town planning and regulating constructions
💰 Boards can impose property tax and other taxes, fees for services provided
⛺ The Ancient Monuments Act protects and preserves monuments and sites of archaeological importance
😮 The act prohibits construction within 100m and regulates it within 200m of a protected monument
🏛 Heritage city schemes like HRIDAY aim to preserve character of historic cities
🎨 Delhi Urban Arts Commission advises on preserving aesthetics of historically significant areas

Q & A

What is the purpose of the Cantonment Act of 2006?
-The purpose of the Cantonment Act of 2006 is to combine and amend the law relating to administration of cantonments to impart greater democratization, further improvement of financial base, and to make provisions for development activities in cantonment areas.
How are cantonment areas different from military stations?
-Cantonment areas comprise both military and civilian population, whereas military stations are purely meant for the use and accommodation of the armed forces under executive order.
What responsibilities does a Cantonment Board have regarding town planning?
-A Cantonment Board is responsible for preparing land use plans, creating zones for various uses, having improvement schemes for areas considered substandard, and publicizing the land use plan.
What was the purpose of revising the Ancient Monuments Act in 2010?
-The Ancient Monuments Act was revised in 2010 to strengthen its penal provisions to prevent encroachment and illegal construction close to the monuments.
How does the 2017 amendment to the Ancient Monuments Act help infrastructure projects?
-The 2017 amendment authorizes the central government to allow public works based on recommendations of the National Monument Authority. It also authorizes impact assessments of proposed public works.
What is the purpose of the Delhi Urban Art Commission Act?
-The Delhi Urban Art Commission Act established the statutory body in 1973 with the aim to enhance and maintain the aesthetic beauty of the national capital.
How does the law define an 'ancient monument'?
-An ancient monument is defined as any structure, erection, or monument of historic, archaeological or artistic interest in existence for at least 100 years.
What does a 'protected area' mean under the law?
-A protected area is any archaeological site or remains declared to be of national importance by the Ancient Monuments Act.
What rights does the law give the government regarding protected monuments?
-The law gives the government rights like acquisition, entering agreements with owners, restricting owners' rights, allowing public access, purchasing adjoining land, appointing authorities for disputes, etc.
What international convention influences India's protection of heritage sites?
-The UNESCO Convention concerning Protection of World Cultural and Natural Heritage (1972) makes it necessary for India to identify, protect and conserve its cultural and natural heritage.

Outlines

00:00

🏘️ Introduction to Contourment and Legal Requirements in Relation to Planning

This paragraph introduces Cantonment Acts and heritage-related Acts that will be covered, including the Contourment Act, heritage city development, Archaeological sites and monuments Act, and the Delhi Urban Arts Commission Act. It outlines the expected learning outcomes.

05:00

🗺️ Overview of Contourment Areas in India

This paragraph provides an overview of contourment areas in India - what they are, how they differ from military stations, their purpose, and their spread across the country. It highlights that 62 contourments exist as per defense records.

10:03

🛡️ Key Aspects of the Contourment Act 2006

This paragraph summarizes key aspects of the Contourment Act 2006 that are important from an urban planning perspective. It covers the government's powers to declare/alter cantonment boundaries, address objections, issue directives, and constitute cantonment boards.

15:05

🏢 Governing Structure and Responsibilities of Contourment Boards

This paragraph examines the structure, categories, duties and responsibilities of cantonment boards under the Contourment Act 2006. It draws parallels with urban local bodies. The boards have duties like healthcare, sanitation, fire safety etc.

20:06

📜 Heritage Conservation Laws in India

This paragraph discusses national laws concerning heritage conservation - the AMASR Act 1958 and its amendments in 2010 and 2017, the Heritage City Augmentation Scheme under EPA 1986, and the Delhi Urban Arts Commission Act 1973.

25:09

🌇 Key Definitions and Implications of the AMASR Act

This paragraph analyzes definitions from the AMASR Act 2017 like ancient monuments, protected areas, etc. and restrictions imposed on landowners regarding activities in protected areas.

30:10

�ICODE_OF_CONDUCT.md🎉 Summary and Closing Remarks

The speaker summarizes the key topics covered and learning outcomes. References for the lecture are provided, along with suggestions for further exploration.

Mindmap

Keywords

💡urban planning

The overarching theme of the lecture series is introducing concepts related to urban planning. Urban planning refers to the technical and political processes involved in managing land use, infrastructure, environment, economy, and quality of life in urban areas.

💡cantonment

A cantonment refers to a permanent military station or garrison, often comprised of both military and civilian populations. The video discusses cantonment areas in the context of urban planning and governance in India.

💡cantonment board

Cantonment boards are democratic bodies responsible for municipal administration of notified cantonment areas in India. They are compared to urban local bodies (ULBs) which govern regular urban areas.

💡duties

The video outlines various duties and responsibilities assigned to cantonment boards related to infrastructure, utilities, environment, healthcare etc. These are similar to duties of ULBs.

💡tax

Like ULBs, cantonment boards have powers related to taxation to support their functioning. This includes taxes on property, trades, businesses etc.

💡heritage conservation

The second part of the video introduces legal frameworks related to heritage conservation in India. This includes discussing pertinent national policies, acts and commissions.

💡ancient monuments

The Ancient Monuments and Archaeological Sites and Remains Act 1958 and its amendments provide for preservation and protection of sites and structures considered important cultural heritage.

💡protected areas

The act defines protected areas as archaeological sites protected by law. It restricts activities and land use in these areas to preserve monuments.

💡central government

The central government is given various powers by the act related to heritage protection like designating protected areas, acquiring land etc.

💡compensation

The act has provision for compensating owners and occupiers for loss arising due to land use restrictions related to heritage conservation.

Highlights

Covering Cantonment Act and heritage related acts in India

Cantonment areas have military and civilian population, governed by Cantonment Boards

Central government has power to declare, alter limits of and cease cantonment areas

Cantonment Board is responsible for services like lighting, water, sanitation, healthcare

Boards impose taxes, fees, prepare land use plans, control construction permissions

Heritage conservation called for by SDG 11.4 to protect cultural and natural heritage

Key national laws: Ancient Monuments Act, Environmental Protection Act, DUAC Act

Ancient Monuments Act protects sites, structures, objects of historical importance

2010 amendment established prohibited, regulated areas around monuments

2017 amendment allows infrastructure projects in prohibited areas

Redevelopment near monuments needs approval from statutory bodies

Protected areas imply restrictions, government acquisition of land rights

Owners compensated for loss/damage, disputes settled by appointed authorities

Central government empowered to acquire, maintain protected monuments

Aim is to balance development needs with heritage conservation

Transcripts

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