1. CONCRETE ACTION 2014
Prof. Er. Jagjit Singh Ghuman
Coordinator and Principal Investigator,
CCA Conservation Research Project
Formerly Chief Town Planner and Head
T&CP Dept., Govt. of Punjab
Conservation of Modern Architecture
Enabling Heritage Laws and Regulations

2. CHANDIGARH CITY LEGACY / OVERVIEW
Chandigarh City is a symbol of India’s freedom, an expression of citizen’s
faith in its development, i.e. Urban Form, City Landscape and its
Architecture.
It nurtures a way of life for the people in the machine age civilisation,
unfettered by the traditions of the past and the citizen’s faith to sustain its
legacy for the future generations.
The National or State Laws on archaeological sites and remains or the city
development laws, zoning plans / architectural or building control sheets
prepared under the Punjab Capital (Development & Regulation) Act 1952,
or the Civic Laws, have inherent limitations to conserve the historic cultural
heritage outlined in the Chandigarh City Draft Master Plan 2031.
This presentation covers Enabling heritage law and formulation of
regulations to safeguard-protect the city historic cultural heritage / legacy.
It aims to protect / restore its architectural heritage sustain a healthy work-
living environment and ensure a distinct quality of life for its citizen.

3. UNESCO WORLD HERITAGE RESOLUTION
The International Charter for the conservation and restoration of
monuments and sites (The Venice Charter 1964) adapted by ICOMOS
(Intentional Council on Monuments and Sites) resolved to uphold age-old
traditions-cultures to bring “unity in human values” and regard ancient
monuments as a common heritage to safeguard them for future generations.
It enlarges the scope, concept and definition of historic monuments to
include the more modest works of arts which have acquired cultural
significance and values in the fold of conservation and restoration of sites
and heritage buildings.
It lays recourse to all sciences and techniques to contribute to safeguard the
legacy and architectural heritage buildings, streets and the city landscape.
The UNESCO World Heritage Convention (Paris, 28th
-29th
October, 1999)
resolution adopted by the 12th
General Assembly of the State Parties, DOC:
14GA-WHC-03/14.GA/INF.8 dated: 16th
July, 2003, highlights:
“The cultural and natural heritage is a function in the life of the
community and to integrate the protection of its heritage into
comprehensive planning programmes”.

4. GEO-POLITICAL FRAMEWORK / STATUES
The Chandigarh New Capital Project assumed significance, with geo-
political changes in Punjab. Pt. Jawaharlal Nehru, the first Prime Minister
of Independent India accorded priority, said “Let this be a new city symbolic
of the freedom of India, unfettered by the traditions of the past ... an
expression of the nation’s faith in the future.”
“The Punjab Capital (Development and Regulation) Act, 1952” was enacted
to regulate the development of the New Capital City. This was followed by
regulation of a 16 Km. radius outside the City Master Plan limits under
“The Punjab New Capital (Periphery) Control Act, 1952”.
Reorganisation of Punjab, to constitute Himachal Pradesh & Haryana
States, led to the formation of Chandigarh City as a Union Territory under
“The Punjab Re-Organisation Act, 1966, The laws in force in the erstwhile
State of Punjab have been extended to UT.
Thereafter, the Chandigarh UT Administration have enacted various Rules &
Regulations for governance / development of the City. The civic
functions, have been entrusted to Chandigarh Municipal Corporation
on 24th
May, 1994 under.

5. ANCIENT MONUMENTS / ARCHAEOLOGICAL SITES
“The Ancient Monuments Preservation Act, 1904” or “The Ancient
Monuments and Archaeological Sites and Remains Act 1958” of India or
“The Punjab Ancient and Historical Monuments and Archaeological Sites &
Remains Act, 1964” are for the protection of ruins or relics.
These laws cover sites, monuments and buildings of National & State
importance which are 100 > years old. These do not cover the heritage sites,
modern architecture heritage buildings listed in the Chandigarh City Draft
Master Plan 2031.
The Ancient Monument / Fort constructed in 1745, located in Manimajra,
Shivalik Foot Hills, N-E of Chandigarh UT is of historic importance and
need to be protected / restored under the “Act 1964”.

6. Chandigarh UT: Historic /
Ancient Manimajra Fort
1745, now in ruins require
immediate protection /
conservation.

7. CHANDIGARH UNION TERRITORY 1966
Census 2011
Area of Chandigarh City (UT) - 114 km2
Elevation above MSL - 350 m (1,150 ft)
Population Metro - 1,025,682 persons
Density - 8,400/km2
(22,000/sq mi)
Manimajra
Capitol ComplexPunjab University
City Centre
Industrial Area

8. CHANDIGARH CITY DEVELOPMENT CONTROLS AND
REGULATIONS
Formulated under The Punjab New Capital (Development and Regulations) Act
1952 satisfy the basic requirements of health, safety convenience and
maintenance of services / amenities to the society in accordance with founding
concepts, various Acts / Rules and Architectural and Urban Legislations were
put in place are :
•Architectural / building controls
•Controls along major arterial roads
•Building Frame controls
•Controls in Sector-17
•Controls in Sub City Centre Sector-34
•Tree Preservation & Advertisement Control
•Areas of Special Architectural Interest

9. CIVIC LAWS: MCC CHANDIGARH
The Municipal Corporation Chandigarh constituted under “The Punjab
Municipal Corporation Act as extended to Chandigarh City in May’1994”, has
adequate provisions for the following matters, namely:
• The construction and maintenance of works and means for providing
supply of water for public and private purposes.
• The scavenging, removal and disposal of filth, rubbish and other
obnoxious or polluted matters.
• The reclamation of unhealthy localities, the removal of noxious
vegetation and generally the abatement of all nuisances.
• The maintenance of vested monuments and memorials in a local
authority in the City immediately before the commencement of this Act or which
may be vested in the Corporation after such commencement..
The mandatory / obligatory provisions in the Civic Laws do not cover
any of the ancient or modern heritage sites and buildings.
The City Edicts / Legacy prohibits eraction of monuments and memorials.
The commemoration of events to be confined to suitably placed bronze plaques.

10. MODEL ENABLING HERITAGE LAW AND REGULATIONS
“Model Enabling City Heritage Law and Regulations” are required to protect
and conserve the city natural heritage areas, eco-sensitive-critical zones,
heritage sites / buildings identified in the Draft Master Plan 2031.
The model city heritage law shall aim to safeguard-protect all Zoning Plans /
Architectural or Building Control Sheets prepared under the “Punjab Capital
(Development & Regulation) Act 1952, the Punjab New Capital (Periphery)
Control Act, 1952” or such other statutory laws applicable to UT or zones, sites
or such other heritage buildings / items notified in the official gazette from time
to time by the Chandigarh UT Administration.
• Vest statutory powers, to declare / protect eco-sensitive areas in
Chandigarh city and its environs, constitute such committees / bodies / persons
to exercise powers to conserve a protected area, namely;
• Vest acquisition rights, receive application of endowment, enter into an
agreement, enforce such agreements on citzen participation.
• Enjoyment of property rights, power to acquire such land / properties
or other heritage items from misuse, pollution or desecration.

11. • Establish a corpus fund, to receive Govt. Grants / Provisions, voluntary
contributions, maintain account of such receipts and expenditure.
• Frame rules, regulations & bylaws, to protect, conserve, maintain &
upkeep the protected areas, sites / buildings or other heritage items in the
city landscape.
Some of the other important issues and requirements for a city heritage law
drawn from enabling heritage laws in India and abroad are as follows:
• Statutory Heritage Listings, to provide a framework for approval /
managing changes so that heritage significance is retained and not
diminished.
• Heritage Registers, the key to listing in Heritage Register is the level of
significance, i.e. heritage sites / buildings or other heritage items that are of
significance to the city legacy. The Heritage Council constituted under a
statute may approve changes that do not compromise the heritage
significance or in any way adversely affect the city legacy or the listed
heritage properties and sites. Such as:
i.Repair, maintenance or minor alterations
ii.Damage adversely affecting the city landscape
iii.Demolition and development
iv.Re-construction and re-development

12. • Assessing Heritage Items, based on firstly understanding the historical /
aesthetic / inherent values attached to the city legacy. The next step is to
relate the particular item to the relevant themes. The assessor then needs to
work out how well the item demonstrates the themes, and to what extent it
meets the heritage assessment criteria.
• Heritage Study, identifies and assesses heritage issues / items that reflect
the legacy or key historical themes of a city. It also makes recommendations
on heritage policies, constitution of the heritage council to adopt / protect
and conserve the identified heritage legacy.
• Formulation of a city environment / heritage plan, translates the
recommendations of the heritage study into a legal document that provides
a broad framework for future management of the areas of heritage
significance / importance.
• Heritage Conservation, the process of looking after the important sites /
buildings or other heritage items in the city legacy. Keep records / maintain
a data bank on the physical condition of heritage sites / buildings or other
heritage items in the city. Do everything in a logical / systematic / scientific
manner.

13. • Community / Citizen Responsibility, debate upon the multifarious
heritage issues and findings, so that the decisions of the statutorily
constituted heritage council / bodies under the heritage law reflect the
citizen’s participation / majority view. The staff of the Heritage Office to
provides administrative and technical support for the Heritage Council, its
Committees and Panels.
• Heritage Nodal Agency / Funding Assistance, the Heritage Nodal Agency
constituted under the heritage laws to manage the Heritage Program i.e.
projects, publications and heritage advisory services to conservation work
on heritage sites / buildings to protect the city legacy. Applications called
from community / organisations / NGO’s / institutions considered for
executing agreements, on-going or new 2 to 3 year agreements.
• Heritage Agreements, NGO’s / community organisations / institutions /
public and private owners of significant heritage sites / buildings or other
heritage items to receive benefits from the government through a heritage
agreement. These benefits may be made available for:
i.Land tax relief;
ii.Payment of transfer stamp duty; and
iii.Relief from local tax rates or other levies.

14. THANK YOU