DRAFT GEO-HERITAGE SITES AND GEO-RELICS (PRESERVATION AND MAINTENANCE) BILL, 2022

News: Draft Bill vests powers entirely in Geological Survey of India, say experts

 

What's in the news?

       A draft Bill, aimed at protecting India’s geological heritage that includes fossils, sedimentary rocks, natural structures, has raised alarm in India’s geo-sciences and palaeontology community.

 

What's in the news?

       The draft Geo-heritage Sites and Geo-relics (Preservation and Maintenance) Bill, 2022, while deemed necessary by several researchers, vests powers entirely in the Geological Survey of India (GSI), a 170-year-old organization that comes under the Ministry of Mines.

 

Need of the Bill:

       “Geoheritage” is a generic but descriptive term applied to sites or areas of geologic features with significant scientific, educational, cultural, or aesthetic value.

       Geoheritage sites serve the public interest.

       These sites are critical to advancing knowledge about natural hazards, groundwater supplies, soil processes, climate and environmental changes, evolution of life, etc.

       The Geological Survey of India has declared 32 geo-heritage sites. These includes

       Siwalik Fossil Park, Himachal Pradesh.

       Stromatolite Fossil Park, Jhamarkotra Rock Phosphate deposit, Udaipur, Rajasthan.

       Akal Fossil Wood Park, Jaisalmer, Rajasthan.

       The dilapidated state of many of these places shows the need for a geo-heritage Bill.

       Currently, there is no legislation for the protection of geo-heritage sites in India.

       Due to this, the sites are threatened with destruction due to decay, population pressure, and changing social and economic conditions.

       India being a signatory to the UNESCO Convention concerning the Protection of the World Cultural and Natural Heritage, since 1972, there is a specific need of a law protecting geo heritage sites.

       Hence, the Ministry of Mines introduced the draft Geo-Heritage Sites and Geo-relics (Preservation and Maintenance) Bill, 2022.

 

Objectives:

       Protect and preserve the geo-heritage sites and geo-relics of national importance in India.

       Empower the central government to identify, declare, acquire, preserve, and maintain geo-heritage sites and geo-relics.

       Ensure that the valuable geological specimens and formations are not damaged or destroyed by human activity or natural disasters.

       Promote research, education, and awareness about the significance and value of geo-heritage sites and geo-relics.

       Provide a legal framework for the protection and management of geo-heritage sites and geo-relics, to ensure their long-term preservation and maintenance.


Key Features of the Bill:

1. Definition of geoheritage and geo-relics sites:

       Geoheritage sites as “sites containing geo-relics and phenomena, stratigraphic type sections, geological structures and geomorphic landforms including caves, natural rock-sculptures of national and international interest; and includes such portion of land adjoining the site,” that may be required for their conservation or to access to such sites.

       Geo-relics are defined as any relic or material of geological significance or interest like sediments, rocks, minerals, meteorites or fossils.

2. Declaration of geoheritage sites:

       The central government may declare a site as a Geoheritage site of national importance.

       Geoheritage sites must contain features of geological significance, such as geo-relics or natural rock sculptures.

       Geo-relics are movable relics such as fossils or meteorites.

3. Protection of geoheritage sites:

       The draft Bill empowers the central government to acquire, preserve, and maintain geoheritage sites.

       The Director General of the Geological Survey of India will be given powers for this purpose, such as surveying and excavation.

       Construction on these sites will be prohibited upto 100 metres from the site.

       However, it may be authorized by the Director General to preserve the site or to repair a structure that predates the declaration of the site.

4. Protection of geo-relics:

       The Central Government may declare that a geo-relic cannot be moved from its site, by notification, unless permitted by the Director General.

       The Director General may direct the acquisition of a geo-relic to protect it.

5. Offences and penalties:

       Offences under the Bill includes

       destruction or misuse of a geoheritage site.

       illegal construction.

       damaging or illegally moving a geo-relic.

       These offences are punishable with a fine of up to five lakh rupees or imprisonment of up to six months, or both.

6. Compensation to the land owners:

       Provision is made for compensation to the owner or occupier of land who incurs loss or damage from the land due to the exercise of any power under this Act.

       The market value of any property will be ascertained in accordance with the principles set out in the RFCTLARR Act.

 

Concerns in the Bill:

1. Narrow definition of “geo-relics”:

       The bill defines “geo-relics” as movable geological specimens, but does not include other important geological features, such as geological formations or landscapes.

2. Excessive powers vested to GSI:

       Experts have criticized the draft bill for vesting exclusive powers in the GSI, without any role for state geological departments or universities.

       The GSI will be responsible for identifying, declaring, acquiring, preserving, and maintaining geo-heritage sites and geo-relics.

3. Issues with local communities:

       GSI has the authority to acquire any material of geological significance, including sediments, rocks, minerals, meteorites, and fossils, as well as sites of geological importance.

       The issue of land acquisition for the purpose of safeguarding these sites could also lead to issues with local communities.

4. Need of more inclusive body:

       Critics are demanding a more inclusive body, on the lines of a National Geoheritage Authority, that can, more democratically, decide on declaring sites as being of ‘geohistorical’ importance and how best to preserve artefacts and finds.

5. Lack of public participation:

       The bill has been criticized for lacking any legal framework for the involvement of local communities or civil society organizations in the protection and management of geo-heritage sites.

6. Lack of transparency:

       The bill has been criticized for lacking transparency and public consultation, with some experts suggesting that it should be redrafted to ensure a more participatory and inclusive approach to the protection and management of geo-heritage sites.

 

WAY FORWARD:

1. Inclusion of state geological departments and universities:

       The bill should include the participation of state geological departments and universities in the identification, declaration, acquisition, preservation, and maintenance of geo-heritage sites and geo-relics.

2. Public participation:

       The bill should be amended to include a legal framework for the participation of local communities and civil society organizations in the protection and management of geo-heritage sites.

3. Accountability and oversight:

       The bill should be revised to include provisions for greater accountability and oversight of the GSI, to ensure that its powers are not misused or abused.

4. Expanded definition of “geo-relics”:

       The bill should be amended to include a broader definition of “geo-relics” that encompasses a wider range of important geological features.

5. Wider consultation:

       The drafting and implementation of the bill should be made more transparent and inclusive, with greater consultation with all stakeholders to ensure that their interests are adequately represented.

 

Go back to basics:

GSI:

       It was set up in 1851 primarily to find coal deposits for the Railways.

       Over the years, it has not only grown into a repository of geo-science information required in various fields in the country but has also attained the status of a geo-scientific organization of international repute.

       The main functions of the GSI relate to creation and update of national geo-scientific information and mineral resource assessment.

       It is headquartered in Kolkata and has six regional offices located at Lucknow, Jaipur, Nagpur, Hyderabad, Shillong and Kolkata. Every state has a state unit.

       Presently, GSI is an attached office to the Ministry of Mines.