1.

Conservation Policies Timeline

1952 1964 1988 2007

Kathma
ndu
Depart Guthi Valley Buildi
ment Of Corpora Develop ng
Archeol tion ment Bye
ogy Act Act Laws

Ancient Pashupa
monume ti Town
nt Area Develop Constitu
Conserv Develop ment tion
ation ment Act Of
Act Act Nepal

1956 1987 1988 2015

2015
National
Building
Code

Local
Government
Operation
Act

1956

2. Department of Archeology
Introduction
Department of Archaeology was established in 1952 A.D. (2009 b under the Government of
Nepal. This is primer organization for the archaeological research and protection of the
cultural heritage of the country. Protection and maintenance of archaeological sites, ancient

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monuments (temple, monument, house, abbey, cupola, monastery, stupa, Bihar ) which have
survived One Hundred years from the view point of history, arts, science, architectonics or art
of masonry including remains of national importance, museum and archive management are
the main concern of Department of archaeology.
Department of archaeology also regulate all archaeological activities in the country as per the
provision of the ‘Ancient Monument Preservation Act, 2013’ (A.D. 1956) Likewise, the act
also provides ample provisions to protect and preserve any individual monuments, group of
monuments, sites and even vernacular edifices located throughout the country either private
or public having archaeological, historical, artistic and aesthetic values. This act has
authorized the Department of Archaeology as a principal governmental authority to protect
and preserve the vast cultural heritage of the country. The DoA is subsequently responsible
for the protection of the site, including the prescription of building bylaws, approving
requests for building permits and for any other construction, activities within the zone.

1.1Mission of the Department of Archaeology:

 Preservation and protection of monuments and archaeological sites.

 Conduct archaeological exploration and carryout archaeological excavation and
publish the report.
 Carryout research activities on Nepalese history, culture and archaeology.
 Collect, research and publish the archival materials.
 Establish and enhance the museums.
 Protection, preservation and management of the World Cultural Heritage Sites.
 Prepare and publish the inventory of the cultural heritage.
 Control the illicit export and import of the movable cultural property.
 Provide technical and financial assistance to the local people and agencies for the
monument conservation.
 Raise the awareness for the protection and promotion of the cultural heritage.
 Publish the journal of Department of Archaeology "Ancient Nepal"

3. Integrated Management Plan

Establishment of the Kathmandu Valley integrated management plan
The Seven Monument Zones of the Kathmandu Valley were inscribed as a single World
Heritage Site as early as 1979. Twenty four years later, in 2003, this property was inscribed
on the List of World Heritage in Danger due to the loss of traditional vernacular heritage
and the threat of uncontrolled urban development. Over the past four years, the State Party
has committed itself to work closely together with the stakeholders and responsible
international agencies to address the issues that have threatened the outstanding universal
value of the Kathmandu Valley World Heritage Site. One of the key achievements have
been this process oriented Integrated Management Plan, which was prepared in close
cooperation between the Department of Archaeology and the local authorities and site
managers, with international support and expertise with the provision of periodic review of
the entire system every five years. The preparation of the Integrated Management Plan was
funded by the Dutch Government and the World Heritage Fund.

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3.1 Objectives
A. Identification of WH and its values
A1: To prepare official statements to clearly define the WH site in respect to criteria for
inscription, outstanding universal value, authenticity, integrity, boundaries and buffer zones and
their respective implications on the conservation and management of the WH site.

A2: To have gazette inventories of classified monuments for all WH areas and buffer zones and
utilize the inventories as a planning tool in conjunction to the bylaws.

B. Legislation
B1: To amend related contradictory Acts and ascertain that there are no overlapping
Authorities. To have the sixth amendment to the Ancient Monument Preservation Act prepared
and gazette. This would provide for the devolution of responsibilities to the local government
and allow for expropriation of historic buildings that are at risk of being demolished.

B2: To prepare and implement site specific Guiding Conservation Principles and bylaws, taking
into account the provisions for the WH areas as well as the buffer zones.

B3: To establish specific procedures, norms and guidelines for evaluating the stability of
historic buildings.

C. Planning and Policy

C1: To have Master Plans for all seven Monument Zones which are coordinated with overall
municipal planning and provide linkages to the involvement of affiliated
Government authorities and line agencies.

C2: To develop a clear strategy for the conservation of privately owned historic buildings. This
would include clearly defined controls and incentives.

C3: To prepare conservation plans for historic buildings and rectification plans for
inappropriate buildings within the WH area.

D. Operationalizing Site Management

D1: To identify and establish Site Managers specific to each Monument Zone. The Site
Managers will be the most local level appropriate for the task and in the case of
Municipalities, an appropriate department / section / unit will be specified.

D2: To train and build capacity of the Site Managers for them to be in a position to fulfil their
tasks.

D3: To give the site managers the lead role in managing the WH areas in close collaboration
with the site offices of the Department of Archaeology. The site managers will coordinate with
all relevant “actors” within the WH area.

D4: To simplify official procedures and processes and make them more effective in respect to
heritage conservation.

D5: To carry out weekly monitoring of each Monument Zone and set up a regular reporting
system involving all relevant authorities. Regular review meetings are to be held.

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D6: To establish an emergency reporting system and an authority to deal with crisis situations.

E. Community and Awareness

E1: To establish Community Conservation Groups within WH areas to participate as
stakeholders.

E2: To create awareness amongst the community, the general public and students on the value
of the World Heritage property.

E3: To develop strategies for the sustainable economy of the community within the WH areas
without impacting the heritage value.

E4: To distribute restoration and maintenance manuals to owners of historic buildings.

F. Visitors
F1: To develop a sustainable strategy for marketing the WH areas for visitors and provide them
with quality facilities, and site interpretations.

F2: To develop strategies to maximize the profitability for the local community.

G. Information and Research

G1: To establish a documentation center where information on the WH property and related
topics are collected and stored in an easily accessible format.

G2: To coordinate research on the WH property and related topics in close collaboration with
national and international educational institutions.

Sustainability of Management
H1: To develop sustainable funding mechanisms.
H2: To ensure the implementation and regular review of the integrated management plan.

3.2 Integrated Management Framework

The overarching strategies required for achieving the management objectives must lay
down the parameters for carrying out the specific actions detailed in the Plan of Action. The
strategies would need to address the institutional, legislative and economic frameworks.

Institutional Framework
The Department of Archaeology is to remain the principle authority for the coordination of
conservation activities of the World Heritage areas. However, powers in respect to enforcing
bylaws and monitoring are to be handed down to the local authorities, and clearly defined site
managers for each of the seven Monument zones are to be established. It was necessary to get
the local government involved along with the local committees and NGOs. They were the
interface between the community and the government authority.

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Identification and improvement of processes and linkages within the management structure
are to be carried out to have a clear communication system for flow of information and
decisions and separation of reporting and decision making processes for regular cases and
irregular and emergency cases. A Coordinative Working Committee (CWC) was established
to coordinate between all these many components of the institutional framework. The CWC
also had the task of coordinating with UNESCO and other related national authorities.

Responsibilities of the Coordinative Working Committee:

•to hold meetings at regular intervals not exceeding two months,
•to coordinate and monitor the progress of implementing IMP;
•to coordinate the implementation of the applicable legislation;
•to coordinate the activities of the Site Managers and the DoA;
•to coordinate with related government authorities, line agencies and experts;
•to supervise site monitoring, receive reports from the Site Managers and give necessary
instructions for site implementation;
•to coordinate response to emergency situations after disasters;

3.3 Legislative Framework

The legal framework was established based on identifying specific realms such as the
monument realm, the public realm and the private realm. Different approaches were adopted
for the different realms. Clarifications are to be sought for overall legislation dealing directly
or indirectly with heritage conservation to reduce duplication and contradictions. Each
Monument Zone will have four sets of regulations:
1. The conservation of Classified Monuments (Classifications I, II, III) identified in the
inventories prepared for each of the Monument Zones;
2. The bylaws and regulations for the construction of New Buildings within the
boundaries and buffer zones of each Monument Zone;
3. The guidelines for the rectification of inappropriate buildings within the boundaries
and buffer zones of each Monument Zone;
4. The development guidelines for public spaces, circulation, services and the
conservation of the natural environment each set of regulations will be accompanied
by detailed implementation processes. Awareness raising is to be done on heritage
values and the objectives of the Guiding Conservation Principles and bylaws for
practical implementation.

3.4 Economic Framework

Government of Nepal and international donors

Most conservation efforts are being funded through conventional channels till today; either
directly by the government or by international “donors”. A large segment of potential
partners has not been drawn on.
1. Central Government
2. Local Government
3. Conservation Assistance Fund
4. International Partners
5. Local Institutions and NGOs
6. Community and Philanthropists

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 7. Financial Institutions
8. National Heritage Organizations
9. National Tourism Associations
10. National Industry Associations
Income
The economic framework was based on numerous considerations, especially to ensure that
the local community profited from the heritage site.
1. Tourism
Tourism is the most obvious source of income for any heritage site. In the case of Kathmandu,
tourism has been the driving force behind heritage conservation, often dictating the local
economy. The site managers of all seven Monument Zones are collecting entrance fees from
tourists.

2. Local Economy
The local economy in and around most Monument Zones is geared towards Tourism. The
religious Monument Zones cater to varying degrees to the religious visitors. The Durbar
Squares are, however, city centers and are therefore also vibrant areas for the local economy.
The success of conserving historic buildings will depend on a flourishing local economy.

3. Taxation
Taxation within the Monument Zone areas must be seen as potential tools for providing
incentives to owners to conserve historic buildings.
The various forms of taxation are as follows:
 The central government taxation is based on direct and indirect taxation. Direct
taxation would mean personal taxes and company or corporate taxes. Indirect taxation
is based on VAT.
 Municipal taxation consists of house and land tax or integrated property tax, vehicle
entrance tax, rent tax, business tax, entertainment tax, advertisement tax, etc. In
addition to these taxes, there are service charges and fees.

4. Ancient Monument Act 1956

The Nepali Ancient Monuments Preservation Act was initially passed in 1956 and has
subsequently undergone multiple revisions, the most recent of which was in 2013. The Act's
principal goals are to safeguard Nepal's cultural heritage, including its historic sites, temples,
and monuments, and to control how they are maintained and conserved.

The Act calls for the establishment of the Department of Archaeology, which is in charge of
carrying out the Act's requirements. The Department is in charge of keeping a list of historic
sites and monuments, and it also has the power to designate new sites and monuments as
protected areas. The Act also establishes a fund for the preservation and restoration of ancient
monuments, which is used to pay for these activities.

3. An Area May be Declared as Preserved Monument Area:

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(1) Government of Nepal, if wishes to declare any place or area where any monument is
located to be as preserved monument area, shall display a notice at the place where the
monument is located and also at the adjoining public place specifying the boundaries of the
preserved monument area.

(2) Any person, who is dissatisfied with the notice displayed pursuant to Sub-section (1), may
lodge his/her protest to Government of Nepal within Thirty Five days of the displaying of
such notice.

(3) Government of Nepal may give its final verdict on the protest lodged pursuant to Sub-
section (2).

(4) After the final decision taken pursuant to Sub-section (3) on the protest lodged against the
notice displayed pursuant to Subsection (1) or if no protest is lodged at the expiry of the
period prescribed for lodging the protest, Government of Nepal may, by publishing
Notification in the Nepal Gazette delimitating the bound of the place or area8 where the
ancient monument located, declare such place or area as preserved monument area.

(5) Anyone wishing to install or connect a telephone line or electricity, to dig ground for
drinking water or sewerage, to construct or repair road, to shoot- out a film, to organize a fair
or festival, to perform dancing or singing ceremony, to park vehicles or to paste a poster and
painting within the preserved Monument Area shall have to take permission, as prescribed,
from the Department of Archaeology.

Provided that, permission shall not be needed to be taken from the Department of
Archaeology to conduct and perform traditional dancing and singing or to organize a fair or
festival.

(6) Anyone who, on his/her own land within the Preserved Monument Area, is willing to
construct a new house or building or to repair, alter or reconstruct a house or building so as to
make changes on its original shape, shall have to construct, repair, alter or reconstruct it as is
matching the style of the area and as is in consonance with the standard prescribed by the
Department of Archaeology.

(7) If a Person has submitted to the 8Municipality the drawing of a house or a building to be
constructed, repaired, altered, or reconstructed within the Preserved Monument Area, the
9Municipality shall, before giving its consent on the drawing under the prevailing law, have
to take approval of the Department of Archaeology on such drawing. After reviewing the
drawing received from the 10Municipality, the Department of Archaeology may give its
approval, reject it or give its approval with amendment.

(8) While constructing, repairing, altering or reconstructing the house or building in the
Preserved Monument Area, if the construction, repair, alteration or reconstruction is not done
in accordance with the approved drawing, the Department of archaeology may issue an order
to stop such work.

(9) 11The Town Development Plan Execution Committee where the town development
planning is approved and the Chief District Officer where the town development planning is
not approved may, by giving an Ultimatum of Thirty Five days, issue an order to
demolish/dismantle the house or building if it is constructed, repaired, altered or

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reconstructed in defiance of the order issued by the Department of Archaeology pursuant to
Sub-section (8). Any Person, who is dissatisfied with such order, may lodge a claim to
Government of Nepal within Thirty Five days of the issuance of such order. The verdict of
Government of Nepal regarding such claim shall be final.

(10) In cases where no complaint has been lodged against the order issued under Sub-section
(9) to demolish a house or a building, the concerned person shall have to demolish the house
or building within Seven days from the date of expiry of the time-limit, and in case where a
complaint has been lodged and Government of Nepal has decided to demolish such house or
building, the concerned person shall have to demolish the house or building within Twenty
One days from the date of the decision. If the house or building is not demolished within the
said time-limit, the authority or official issuing such order shall demolish the house or
building and all expenditures incurred while demolishing shall be recovered from the
concerned person.

3A. Classification of Ancient Monuments

3B. Ownership, Conservation, Maintenance and Renovation of Public Ancient Monuments

3C. Conservation, Maintenance and Renovation of the Ancient Monuments under Private
Ownership

3D. Conservation of Ancient Monuments and Archaeological

3E. Operation of Religious Temples, Monasteries etc.

3F. House and Land Tax may be exempted

3G. Committee may be formed

4. The Ancient Monuments under Private Property may be purchased or be kept in one's own
Protection

5. Power of the Chief Archaeology Officer to cause the Owners of Ancient Monument to
enter into a deed of Responsibility on prior approval of Government of Nepal

6. Local Office- Chief is to give statement of the Archaeological Objects located within his
Jurisdictional Area

7. The Ancient Monuments or Archaeological Objects of Private Ownership may be taken

8. Excavation not allowed for the preservation of the Ancient Monument

9. Protection of Shrines and Temples

10. Power to enter into ancient places or places of historical artistic or religious importance

11. To be fined for improper restriction

12. Punishment

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13. Restriction on transfer, transaction, export or collection of ancient monument and
archaeological object or curio

14. If it is likely to be damaged or mismanaged Government of Nepal may buy by compelling

to be sold

15. Power of the Chief Archaeology Officer to inspect and cause the preservation

16. Approval to be taken for Archaeological Excavation

16A. Special Provision Relating to Arts, Sculptures and Monuments

17. Power of Government of Nepal to issue notice declaring an area as preserved area

17A. Preservation of Archaeological Object

17B. Requirement of filling customs Declaration form by foreign nationals willing to import
archaeological objects within Nepal

17C. Delegation of Power

17D. Ancient Monument Conservation Fund

18. Saving of the government employee assigned to work under this Act

20. Prevailing Nepal Law is to be applicable

20A. to reinstate or put it to its usual place

21. Power to Frame Rules

Department of archaeology empowered by this act, is the supreme authority to imply this act.
It has so far focused in safeguarding the integrity of the world heritage sites in our country
while its jurisdiction has to be redefined because of the theoretical shift in cultural heritage
management. This invites the inefficacy of this authority to encompass the preservation of
private historic buildings that lie in the

5. Guthi Sasthan Act

Under this act, exclusive power is provided to the Guthi Corporation to manage properties
under its ownership. The continuity of local festivals and maintenance of monuments and
cultural heritages in the country lies within the jurisdiction of this authority. Guthi is a system
that has been part of the Newar social system in the Kathmandu Valley since the 5th century
BC. The Guthi system is a trust whereby land is donated to this trust. Members of the local
community then till this land, and the revenue generated not only boosts the economy for the
community but also is utilized to undertake various works within the community such as
restoration of temples, patis (rest houses) like in Chyasa Dabu (Chyasal), maths (priest
houses), Hiti or dhunge dharas (stone water spouts), Chyasa Saraswati Hiti, Maru
Hiti, narayan Hiti. This revenue is also used for various festivals, customs, rites, and rituals. 

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5.1 Drawback

This corporation has been very much inefficient in taking care of the monuments and
properties under its jurisdiction. Many of the guthi land have either been encroached or
privatized in course of land reform in the country and they lack appropriate document.

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