Conservation Movement And Heritage Regulations Presented By Pradyumna Sahasrabhojanee On behalf of

1. Conservation Movement And Heritage Regulations Presented By Pradyumna Sahasrabhojanee On behalf of Vidarbha Heritage Society A-2, Indrasagar Apartments, Civil Lines, Nagpur

2. The Conservation Movement • What is conservation? • Why conserve? • What to conserve? • Protection to Archeological Sites • The International Movement - Charters • Heritage Regulations - Criteria for Listing , Grading • Incentives for conservation

3. What is conservation? • Any action taken to prevent the deterioration of a heritage building and to prolong its life while maintaining its architectural integrity is conservation. • Golden Rules: • The minimum effective action is always the best. • The action should be reversible and not prejudice possible future interventions.

4. Why Conserve? We conserve because heritage is a non renewable resource. The urgency to conserve flows from the realization that our heritage is being eroded at an alarming rate. The General Conference of UNESCO in 1972 noted that the cultural heritage and the natural heritage are increasingly threatened with destruction not only by the traditional causes of decay, but also by changing social and economic conditions which aggravate the situation with even more formidable phenomena of damage or destruction. In response to this need, the UK has listed over 500,000 structures, and the US over 1 million. On the other hand, India with an unbroken history of over 5000 years has protected only about 8000 structures, out of which 6000 are archeological monuments.

5. Saving Land, Energy And Reducing Polluting Construction Materials By Recasting Modern Requirements In The Sustainability Of Traditional Town Planning & Architecture Typical old-town settlement pattern which ensured efficient & interesting use of land Timeless pleasing ambiance of inner court of 230 year old Bakabaicha Wada in Nagpur Contrasting settlement pattern of old & new parts of Indian cities (Case Study Jodhpur)

6. Indian civilisation, unlike any other, has continued and evolved uninterrupted. Strength and standing of our Nation greatly depends on its achievements & values. • Traditional planning of cities had provided a means of sustainable development. This is increasingly being disregarded in the headlong rush for development, where sustainability is at the lowest priority. Structures and systems that have passed the test of time are our heritage. Therefore, we need to conserve them to be able to draw upon this vast pool of knowledge. • Economics of conservation: Conservation of heritage structures can be economical, often costing only 2/3rd of new structures of the same area and saving the cost of renewing the infrastructure. It is a fallacy that conservation is costly; in reality it saves large sums of money. Therefore it is prudent and practical to conserve.

7. Protection to Archeological Sites preceded Heritage Regulations 1904:Ancient Monuments Preservation Act was passed for protecting national monuments. 1951: Expanded in 1951 through the Ancient and Historic Monuments and Sites and Remains (Declaration of National Importance) Act 1958: Revised with the Ancient Monuments and Archaeological Sites and Remains Act. This Act has jurisdiction on all historic sites that are over 100 years old. About 3600 buildings of national importance are notified under this Act. 1960: Under the Maharashtra Ancient Monuments & Archaeological Sites and Remains Act, Department of Archaeology and Museums of the State Government was set up to protect monuments. About 240 monuments in Maharashtra are notified under this Act.

8. The International Movement - Charters ICOMOS (International Council on Monuments & Sites) was the international organization set up by the UN for the furthering of conservation, protection, rehabilitation and enhancement of monuments, groups of buildings & sites, on the international level. It was created by the UNESCO in 1965 essentially to promulgate the message of the Venice Charter The Venice Charter was preceded by the Athens Charter in 1931 at the Ist International Congress of Architects and Technicians of Historic Monuments.

9. Many Charters and documents have been ratified internationally. Some of the important ones are: • Venice charter (1964)– Conservation & Restoration of Monuments & Sites • Burra Charter (1981)– Conservation of Places of Cultural Significance • Florence Charter (1982)– Conservation of Historic Gardens • Washington Charter (1987)– Conservation of Historic Towns & Areas

10. What to conserve? The clue to what should be conserved comes from the structure itself. A structure that gives us a sense of wonder and makes us want to know more about the people and culture that produced it, has historic, architectural, aesthetic, documentary, archeological, economic, social, political, spiritual, symbolic, and above all, emotional value as a symbol of our cultural identity and continuity, is worth conserving. Although, it can be safely said that if a structure has survived for 100 years, it has a good claim to be conserved. However, from the above list of criteria it is clear that age is not the only reason to conserve.

11. Heritage Regulations: Criteria for Listing • Architectural, Historical, Cultural Values • Period Design & Use • Social Economic History • Association with well known persons • Sociological Interest • Community Value • Being part of a Chain of Development • Group of Buildings • Technological Development • Vistas of Natural Beauty • Open spaces

12. Regulations For Conservation Of Heritage Buildings / Natural Features • Applicability • Listed buildings / heritage buildings and listed precincts / heritage precincts • Natural features • Restrictions on development / redevelopment / repairs • Heritage Conservation Committee

13. Listing Of Heritage Buildings / Heritage Precincts • Create a data bank with details on status, conditions and typology of heritage properties. • Identify heritage zones for planning purpose • Determine the potential and priorities for heritage related tourism • Reuse of heritage as hotel museums and cultural places etc • Prepare guidelines, controls, heritage regulations, etc

14. Heritage Sites • Public and historic spaces • Street with special heritage character • Renewal of inner city areas or heritage precincts • Area containing groups of heritage buildings • Natural heritage sites • Potential for adaptive re-use • Sites that will enhance tourism potential of the city • Sites which will enhance pilgrimage potential

15. Heritage Regulations: Grading • Grade I – National or historic importance, they are the prime landmarks of the city – they deserve careful preservation • Grade II –Local importance – they deserve intelligent conservation • Grade III –Buildings and precincts, important for townscapes and contribute to the character of the locality – they deserve intelligent conservation though on a lesser scale than Grade II and special protection to unique features and attributes

16. Modifications to List of Heritage Buildings, Heritage Precincts and Natural Features • Procedure under section 37 of MRTP Act not required • Objections / suggestions are invited and considered by the Commissioner and/or by the Government • Special regulations for heritage precincts in consultation with the Heritage Committee • The Municipal Commissioner in consultation with Heritage Conservation Committee prepares draft regulations and invites suggestions and / or objections • The draft is followed till final approval from the Government

17. Power to alter, modify or relax Development Plan and Development Control Regulations • As per advice of Heritage Conservation Committee and as per provision of Section 37 of MRTP Act 1966 • Grant of TDR in cases of loss of development rights if application for development, alteration, modification of the heritage precinct or listed buildings is rejected under this regulation or under special regulation or • While granting such permission, if any condition is imposed on the owner which deprives him of use FSI, the said owner shall be compensated by grant of development rights certificate • The extent of TDR certificate to be granted may be determined by Commissioner NMC / Chairman NIT, if required, in consultation with HCC, and will not be awarded unless sanctioned by the government.

18. Commercial Use of Heritage Buildings • If the owner /owners agree to maintain the listed heritage building, as it is in the existing stage, and to preserve the it with due repairs, the owner / owners may be allowed, with the approval of HCC to convert part or whole of non-commercial area to commercial / office use • Provided that if not maintained suitably, or if the heritage value of the building is allowed to be spoiled, permission shall be withdrawn • Listing of heritage building does not prevent change of ownership or usage. However, such usage should be in harmony with the said listed precinct building

19. Maintaining the Skyline • The development within the precinct shall be in accordance with the guidelines framed by the Municipal Commissioner on the advice of HCC • Some restrictive covenants in the guidelines • Existing restrictions imposed by NMC / NIT / Government on leasehold plots as on date of this Regulation shall continue to be imposed

20. Heritage Conservation Fund • Conservation of heritage buildings is the primary responsibility of the owners / occupiers / co-op societies etc • With a view to provide monetary help, a separate fund is to be constituted at Municipal Corporation level • Provision for such a fund may also be made through DPDC budget

21. Signs and Outdoor Display Structures No advertising signs or outdoor display structures shall be permitted Government buildings, or on buildings of architectural, aesthetic, historical or heritage importance as may be decided by Municipal Commissioner, Heritage Committee

22. Composition Of Heritage Conservation Committee • Chairman • Ten members, which include one Member Secretary • The committee shall have the powers to co-opt up to five additional members • The tenure of the members is three years and same persons are eligible for re-election

23. JNNURM Toolkit For Heritage The toolkit is specifically designed to highlight the role that heritage plays in the socio-economic and cultural profile of the city and to suggest how heritage can be utilised to reshape and revitalise the city’s economy and culture

24. Urban Heritage Is Classified In Two Categories • Tangible heritage - includes buildings and physical elements of architectural and historical significance • Intangible heritage - movable artifacts, handicrafts, folklore, myths, legends, spirituality, traditional knowledge, rites and rituals, festive events, visual and performing arts, music, literature, language, traditional medicine, culinary traditions, etc which are intimately linked to tangible heritage

25. Incentives for conservation • Transferable Development Rights (TDR) • Exemption from property tax • Conservation fund for maintenance, repairs • Awards for best maintained structures • Enhancement of property value • More economical than new construction

26. The Conservation Plan of Nagpur Prepared during the Tercentenary Celebrations The Conservation Plan prepared by VHS includes extensive photographic documentation of all the heritage structures and precincts listed in the draft heritage list. The plan gives an outline of steps to be taken for protecting and conserving the same and also provides guidelines for development in heritage precincts.

27. Conservation movement in Nagpur • The prime mover of the heritage movement in Nagpur is the Vidarbha Heritage Society. Through its decade long effort, it has brought heritage on the city’s agenda. • VHS has carried out in-depth study of heritage in Nagpur and played a major role in the preparation of the Heritage List & Regulations for Nagpur City. • Through its pro-active role, for the first time in India, Natural Precincts were included in the Heritage List of Nagpur City. • On the invitation of the then District Collector, VHS prepared an extensive ‘Conservation Plan for Nagpur’ during the Tercentenary Year.