Bhubaneswar: Responding to the Odish government’s concern over the draft heritage bye-law (HBL) by the National Monuments Authority (NMA) for temples in Bhubaneswar’s Ekamra Kshetra, the Union Culture Ministry has issued a clarification.
The Culture Ministry Secretary, Raghvendra Singh, gave the clarification in a letter to Odisha Chief Secretary, Suresh Chandra Mohapatra.
As per the letter, the procedure for preparing the HBL under the AMASR (Ancient Monuments and Archaeological Sites and Remains( Act is laid down in the rules notified in 2011 (Framing of HBL and other functions of the competent authority).
The Central secretary informed that HBLs are finalized in seven stages:
1. Preparation of survey plan of the monument by Archaeological Survey of India (ASI).
2. Preparation of draft HBL as per the survey authority (NMA or the authority).
3. Draft HBL is examined by the authority by the members of the authority, and after the incorporating suggestions/corrections by the members of the authority, the same is then put on the public portal for inviting suggestions/objections from the public (Rule 18 of National Monuments Authority (Appointment, Functions and Conduct of Business) Rules, 2011
4. The suggestions/objections received during the consultation are considered by the authority and if required, a public hearing is also conducted.
5. The HBL is again placed before the authority after incorporating all the relevant suggestions from stakeholders for the final approval by the authority.
6. The approved HBL is sent to the Ministry and thereafter laid before both the Houses of the Parliament (Section 20 E, sub-section 6 of the AMASR Act 1958).
7. Thereafter, the approved HBL is posted on the website of NMA, ASI and the Ministry of Culture (Section 20E, sub-section 7 of the AMASR Act 1958). The approved HBL is also sent to the urban local body (ULB) for getting incorporated in the local building bye-laws.
Singh also informed that till now, only five HBLs covering 31 centrally protected monuments are notified as they have managed to cross all seven stages.
On the other hand, 104 HBLs for different monuments of the country including five monuments of Odisha viz. Jagannath temple and subsidiary shrines in Puri, Brahmeswar temple in Khurda and Ananta Basudeva temple, Mukteshwar temple and Rameshwar temple in Bhubaneswar, received by the NMA are at different stages of completion. These bye-laws are in the stage of being posted on the public portal to invite suggestions/objections from the public, he added.
Maintaining that neither of these are notified the in gazette nor in any other statutory manner, the Culture Secretary said that after learning that the draft bye-law for the Jagannath Temple and subsidiary shrines in Puri has caused distress in certain sections of the stakeholders, the same was withdrawn from the portal.
Stating that he would appreciate if suggestions and objections from all concerned including the sevayats, temple administration and the state government on the remaining four HBLs are sent to NMA for consideration, he hoped that the state government and other stakeholders understand the statutory requirements as per AMASR (Amendment & Validation) Act, 2010 and the rules.
Notably, the Chief Secretary in a letter to the Union Culture secretary on March 15 had urged him to withdraw the draft NMA Bye-laws for Ananta Basudev temple and Brahmeswar temple of Ekamra Kshetra.
“There have been frequent agitations regarding the non-withdrawal of these drafts notifications and there is serious apprehension that this will lead to widespread agitation and disturb the day-to-day religious rituals in the temples. This kind of atmosphere in temples is bound to hurt the religious sentiments of lakhs of devotees,” Mohapatra wrote in the letter.
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