CONCRETE ACTION 2014

Prof. Er. Jagjit Singh GhumanCoordinator 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

CHANDIGARH CITY LEGACY / OVERVIEWChandigarh 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.

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”.

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.

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”.

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

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

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

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.

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.

• 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 alterationsii.Damage adversely affecting the city landscapeiii.Demolition and developmentiv.Re-construction and re-development

• 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.

• 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; andiii.Relief from local tax rates or other levies.

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