The ARUNACHAL PRADESH HERITAGE ACT, 2015

THE  ARUNACHAL PRADESH HERITAGE ACT, 2015
(ACT NO. 8 OF 2017)
An
Act
to provide for conservation and protection of heritage sites which shall include buildings
artifacts, structures, areas, streets and precincts of historic or cultural or environmental
significance (heritage building, and heritage precincts) and natural or cultural or environmental
significance and sites of scenic beauty and also to provide for conservation and protection of
area of environmental sensitivity and matters connected therewith or incidental thereto ;
BE it enacted by the Legislature of the State of Arunachal Pradesh in the Sixty sixth years
of the Republic of India as follows :-
1. Short title, extent and commencement :- (1) This Act may be called the
Arunachal Pradesh Heritage Act, 2015.
(2) It extends to the whole State ofArunachal Pradesh.
(3) It shall come into force on the date of its notification in the Official Gazette.
2.  Definitions :- In this Act, unless the context otherwise requires-
(a) "Act" means theArunachal Heritage Act, 2015.
(b) "Authority" means the Arunachal Pradesh Heritage Authority constituted under
section 3.
(c) "Conservation"  means    protection, maintenance, preservation   and restoration
of  heritage areas, heritage buildings and heritage precincts  sites and shall include
only such developmental   activity  that  will enhance the  heritage significance of
the heritage within the framework of the Act ;
(d) "Development" with its grammatical connotations means the carrying out of building,
engineering mining  or  other operations in or over or under, land or the making of
any Material  change, in any building or land or in the use of any building or
change to heritage site including any material or structural change in or painting of
any a heritage building, or in a heritage precinct or on a listed natural fracture and
includes repair/renovation/alteration of any existing building, structure or erection
or part of  such building, structure or erection and reclamation, redevelopment
and layout and sub-division of any land to develop shall be construed accordingly
;
(e) "Development right" means right to carry out development or to develop land or
building or both and shall include the transferable development right in the form of
right to utilize the floor area ratio of land utilizable either or the remainder of the
land partially reserved for a public purpose or elsewhere, as may be provided in
the heritage regulation as per the Master Plan ;
(f) "Floor area ratio" means the ratio derived by dividing the total covered area of all
floors by the area of the plot ;
(g) "State Government" means the State Government ofArunachal Pradesh;
The  Arunachal  Pradesh  Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 258,    Vol.  XXIV,   Naharlagun,   Tuesday,  July  25,   2017,   Sravana   3,   1939 (Saka)
GOVERNMENT OFARUNACHAL PRADESH
LAW, LEGISLATIVE AND  JUSTICE  DEPARTMENT
ARUNACHAL PRADESH CIVIL SECRETARIAT
ITANAGAR
————
NOTIFICATION
The 21st July, 2017
No.LAW/LEGN-13/2015.—The following Act of the  Arunachal Pradesh Legislative  Assembly
which was passed in the Fifth Session of the Sixth Legislative Assembly and received the
assent of the Governor of Arunachal Pradesh is hereby published for general information.
(Received the assent of the Governor on 15th July, 2017)
2                        The Arunachal Pradesh Extraordinary Gazette, July 25, 2017
(h) "Heritage areas" means those areas of archaeological or historic or architectural
or aesthetic of scientific or environmental or cultural significance including natural
features and sites of scenic beauty (hereinafter referred to as "listed areas" or
"heritage areas" which are included in a list published by a notification in the
Official Gazette, by the State Government from time to time ;
(i) "Heritage building" means and includes any building of one or more premises or
any part thereof, of structure or artifact which requires conservation or preservation
for historical or architectural or artistic or artisanry or aesthetic or cultural
environmental or ecological purpose and includes such portion of landadjoining
such building or part thereof as may be required for fencing or covering or in any
manner preserving the historical or architectural or aesthetic or cultural or
environmental value of such building ;
(j) "Heritage precincts" means and includes spaces that require conservation or
preservation for historical and architectural or aesthetics or cultural or environmental
or ecological purpose and walls or other boundaries of a particular area or place or
building which may enclose such space by an imaginary linedrawn around it ;
(k) "Heritage sites" means those buildings, artifacts, structures, streets, area and
precincts of historic of aesthetic or architectural or cultural or environmental
significance (hereinafter referred to as "listed building" or "heritage buildings" and
listed precinct or "heritage precincts") which are included in a list(s) published by
notification in the Official Gazette, by the State Government from time to time ;
(l) "Listing" means archaeological or other systematic study or documentation of
heritage site to reveal its history and other special features and shall include the
recording and analysis of artifacts, features and other material necessary for the
purpose of determining the heritage value or environmental significance ;
(m) "Owner" means and includes -
(i) a joint owner invested with power of management on his own behalf and other
joint owners and successors in title of any such owner ; and
(ii) any manager or trustee exercising powers of management   and the successor
in office of any such manager or trustee ;
(n) " Prescribed" means prescribed by regulations made under thisAct ;
(o) "Property" means both movable and immovable properties as the case may be.
(p) "Regulations" means a regulation made by theAuthority under section 18 of this
Act by notification in the Official Gazette ;
(q) "Section" means a section of this Act.
3. Constitution ofArunachal Pradesh HeritageAuthority : (1) The State Government
shall constitute an Authority namely  the Arunachal Pradesh Heritage Authority for the purpose
of exercising all powers and function assigned to it under this Act.
(2) The Authority constituted under sub-section (1) shall consist of the following
Ex-Officio members :-
(i) Chief Secretary - Chairman
(ii) Principal Secretary, Home - Member
(iii) Development Commissioner - Member
(iv) Secretary Urban Department - Member
(v) Secretary, Cultural Affairs - Member Secretary .
(vi) Secretary, Tourism - Member
(vii) Secretary, Panchayat - Member
(viii) PCCF/CCF, Forest - Member
(ix) Commissioner, PWD - Member
(x) Secretary Planning - Member
(xi) Secretary, IPR - Member
(xii) Deputy Commissioner of concerned District - Member
where the proposed haritage site in located
(xiii) Zilla Chairperson of Concerned District - Member
where the proposed haritage site in located
(xiv) CMEO/Executive Officer, Municipal Council - Member
where the proposed haritage site in located
(xv) A Representative from INTACH State chapter - Member
(xvi) An Architect with ten years Experience and - Member
having membership of the Council of
Architecture with Specialization in Urban
Designs
(xvii) A Structural Engineer having experience of Institution- Member
of ten years and possessing membership of Engineers
(xviii) A Historian and an environmentalist having sound
knowledge of the region with ten Years experience - Member
in the field
 The Arunachal Pradesh Extraordinary Gazette, July 25, 2017                    3
(xix) 3 (three) Representative from NGO's groups - Member
(xx) Director, Town Planning - Member
(xxi) Director, (Research) - Member
(xxii) Local MLA of the Heritage site - Member
where the proposed haritage site in located
4. Powers and Functions of the Arunachal Pradesh Heritage Authority :  The
Arunachal Pradesh Heritage Authority shall have the following powers and function s
under this Act, namely ;
(a) to make regulations for the conservation, protection and administration of heritage
sites, including the function of granting  or  refusing  permission for development
which may affect heritage sites or their surroundings ;
(b) to list and grade the heritage sites ;
(c) to advise the Government on conservation policies relating to heritage sites ;
(d) to evolve guidelines for listing, grading and inspection for the conservation of heritage
sites ;
(e) to identify priorities for implementing conservation projects relating to heritage sites ;
(f) to administer theArunachal Pradesh Heritage Conservation Fund ;
(g) to constitute, if deemed necessary, one   or   more committees  and such committees
to perform such functions as may be assigned to  them, including the function of
granting or  refusing permission for development which may affect heritage sites
or their surroundings ;
(h)   to monitor the implementation of heritage conservation plans and brings  any
lapses or shortcomings in the implementation thereof to the notice  of  the State
Government ;
(i)  Grant of incentives including but not restricted to grant of development rights, if
deemed necessary for conservation of heritage of environment ; and
(j) Any other function as may be assigned by the State Government ;
5. Appointment of officers and staff of theAuthority :The Authority shall be provided
with such officers and staff by  the  State Government to   assist it in the preparation   and
implementation of heritage conservation plans.
6. Procedure for Declaration of Heritage Sites, etc. :-(1) The identification of heritage
sites will be done with reference to the precibed criteria in the UNESCO’s operational guidelines.
 (2) The State Government shall on receipt of the recommendation  of theAuthority for
declaration of a heritage sites, may within 3 (three) months  by  a   notification   in
the Official Gazette as well as publication in a prominent newspaper, give thirty
days notice of its intention to declare as a heritage site, any buildings, artifacts
structures, streets, areas and precincts of historic or aesthetic or architectural or
cultural or environmental significance and natural feature of environmental
significance and site of scenic beauty including, but not restricted to, a sacred
grove, mountains, hills, hillocks, table lands, lakes, rivers,  other  water  bodies
and wet lands and the areas adjoining  the  same, open areas, wooded areas,
points walk, rides bridle paths, by inviting objections or suggestions in writing
from any   person of the public or any organizations and any such notification
published shall be affixed in a conspicuous place near the proposed site.
(3) On the expiry of the said period of thirty days,  theAuthority may  after considering
the objections and suggestions, if any received by it, make a recommendation to
the State Government  for declaring such a heritage site(s), any building(s),
artifact(s), structure(s),  street(s), area(s) and precincts(s) of historic or aesthetic
or architectural or cultural or environmental significance and  natural  feature of
environmental significance and sites of scenic beauty including, but not restricted
to, a sacred grove, mountains, hills, hillocks, table lands, lakes, rivers, other
water bodies and wet lands and the areas  adjoining  the  same, open areas,
wooded areas, points walks, rides bridle paths as  Heritage Site and thereafter the
State Government may by a notification in the Official Gazette declare its intentions
on the said recommendations  as  a  heritage sites to be protected under this Act
and grade as may be prescribed by regulations.
(4) A heritage site so declared shall be graded according to its heritage significance
by the Authority and that it will also determine the scope for changes in the heritage
site, if required.
7. Acquisition of herit age site :  The State Government may, by notification in the
Official Gazette from time to time acquire or take possession of any heritage sites for maintenance.
8. Power to issue temporary protection orders : If the Authority considers that a
property has or may have heritage value or environmental significance, or scenic beauty, is
likely to be altered for any reason whatsoever, it may issue a temporary order to such owner or
lessee of such property, an order of stopping work which prohibits any alternation of the property
for a period of up to one hundred and twenty days  subject to such conditions or requirement as
the Authority may consider appropriate.
(2) The owner, if  aggrieved by the said order shall be at liberty to file appropriate
applications for alternations, modifications of the said order as issued by the
Authority,  who shall then dispose off  the same by a speaking order at the earliest.
4                        The Arunachal Pradesh Extraordinary Gazette, July 25, 2017
9. Preparation, Approval and Sanction of Heritage Conservation Plans :(1) The
Authority shall within such time as may be prescribed, prepare heritage conservation plans, in
respect of heritage sites duly notified by the State Government under Section 7.
(2) The heritage conservation plan may provide for all or any of the following matters
namely;
(a) regulation for preservation and administration of heritage sites,
(b) listing and grading of heritage sites,
(c) prescriptions for development control and conservation of heritage sites ;
(d) specific design proposals in the case of heritage sites ;
(e) specific urban design proposals in the case of heritage sites in order to
preserve and protect the character of the areas.
(f) proposals  for incentives such  as  tax  exemptions, transfer  of development
rights or  acquisition  of  property, if found necessary, for the protection of the
heritage value of such heritage sites, and
(g) proposals on a case to case basis, for any relaxation  of development  control
regulation necessary for the protection  and enhancement of the heritage
value of such heritage sites ; and
Provided that all such provisions of heritage conservation plan shall, as far
as possible, be in conformity with the Building Bye Laws applicable to the urban
areas and the Master Plans. However, in case of any conflict, the heritage
conservation plans shall take prevails over the building bye laws and other planning
and land revenue rules and regulation.
(h) Such other matter as may be deemed necessary.
(3) After submission of the heritage conservation plans, but not later than such dates
as may be prescribed, the State Government through the State Cabinet may, after
consulting the Authority either approve such plans or approve  them with such
modifications as the State Government may consider necessary or return  them
to  the  Authority   to  modify the plans to prepare fresh plans in accordance with
such direction and that the modified plans as prepared by the Authority shall be
resubmitted to the State Government for its approval.
(4) The  heritage   conservation  plan  approved  by  the    State Government  shall  be
published  in   the   Official  Gazette and in newspapers for inviting suggestions or
objections from the public. Thereafter, the State Government shall consider the
same and after getting opinion of the Authority, modify the heritage conservation
plan accordingly, if necessary and grant sanction to the same;
Provided that once the said plans are prepared by the Authority, all permissions
for development that might affect the heritage sites shall be in conformity with the
said plans.
10. Control of Developments: (1) After the date of approval and sanction of the heritage
conservation plans by the Government under section 9, all planning permissions and building
licenses affecting heritage sites including the views and lines of sight of or from it shall be
issued by the Authority only in conformity with the provisions of the heritage regulations made
and the heritage conservation plans approved.
(2) Any relaxation of the building bye laws or incentives provided under a heritage
conservation plan or otherwise shall require the owner, lessee or power of attorney
holder, as the case may be to execute a signed affidavit agreeing to maintain the
listed heritage building in a state of good repair and to preserve its heritage value
with due maintenance and such owner, lessee or power of attorney holder, as the
case may be, shall permit heritage inspections after due notice by the Authority
and shall duly implement the suggestions made in this regard.
(3) The   owners,  lessee  and  power  of  attorney  holders   of   listed heritage sites
shall not carry out development on heritage sites nor shall they demolish, alter or
add to it or undertaken repairs thereof, without the prior permission of the Authority.
Such permission may be refused or granted as they may be based on the findings
of the inspections carried out by the Authority or any officers authorized the Authority.
(4) In case, renovation/restoration/repair of a heritage building or a building in a heritage
precinct, or a major development of natural feature listed by the Auhority is
recommended under extraordinary circumstances or major development of a listed
natural feature by the Authority is recommended under  extraordinary circumstances
or   major  repair  are to  be undertaken as a result of the heritage inspection
report, the Authority shall give thirty days notice in newspapers calling for objections
and suggestions from the public and take a decision after considering the objections
and suggestions received if any.
(5) When  the Authority comes to the conclusion that a listed herit age  site  is not
being maintained properly or that such site needs repairs, the Authority shall
serve  a  notice   on  the  owner, lessee or power of attorney holder, as the case
 The Arunachal Pradesh Extraordinary Gazette, July 25, 2017                    5
may be, to maintain the heritage properly or to repair the site within thirty days of
the service of the notice and such steps as to carry out the necessary repairs and
recover the cost may be and if the latter fails to make   the payment, the amount
shall be recoverable by the Government  as arrears of land revenue.
(6) A Conservation Cell with such staff as may be prescribed in the regulations shall
be created by the Authority for the maintenance and restoration of all listed heritage
buildings, heritage sites and heritage areas as per prescribed and established
guidelines and which shall be headed by an officer and other technical persons
with such specialization in conservation architecture as may be prescribed by the
State Govenment.
11. Declaration of Heritage Building sites in Environmentally SensitiveAreas : (1) The
State  Government may declare by a  notification that within such areas of Heritage Building
sites in environmentally sensitive areas, any class of industries, operations, construction or
development activities shall be regulated, or shall not be carried out without certain safeguards.
(2) Without affecting the generality of sub-section (1), such safeguards though shall
apply ,but not restricted to the following land use such as conversion of land from
green uses such as horticulture areas, agriculture, parks, open space, wetlands,
grasslands etc. to non green use such as building, location and type  of   industries
carrying out mining, tree felling, tourism   activities ground water usages, use of
plastic and other non-degradable substance hazardous substances, construction
on hill slopes, discharge of effluents, soil waste disposal, noise pollution, traffic
development at around or effecting heritage sites.
(3) The  State  Government shall direct the said HeritageAuthority to prepare a Master
Plan in a time bound manner    which will regulate such areas under such plan and
other related matters. However, before declaring any area where a heritage building
site falls in an environmentally sensitive area, the State Government shall, by
notification in the Official Gazette and in newspapers invite suggestions and
objections from the public within such period as may be prescribed in the said
notice.
12. Constitution ofArunachal Pradesh Heritage Fund : (1) The State Government
may constitute a fund known as the Arunachal Pradesh Heritage Fund for the purpose of
maintenance and improvement of heritage areas, heritage buildings, heritage precincts and
heritage sites and other environmentally sensitive areas.
(2) The State Government may, from time to time, allocate to the Authority such
grants in aid out of the Consolidated Fund of the State and contributions to the
fund may also be received by way of donations, grants etc. from individuals, trusts,
local bodies, companies and other agencies involved in such heritage conservation
activities,
(3) The said Fund shall be liable to be audited by theAccountant General every year.
(4) The Authority shall utilize the Fund for meeting the following expense, namely;-
(i) The cost of acquisition of heritage buildings or heritages or   heritage areas
for the purpose of conservation.
(ii) The expenditure for any development or works contemplated in the heritage
conservation plan.
(5) The StateAuthority may disburse funds to the owners, lessee or power of attorney
holders of Sites/heritage building even if they are private property, for maintenance
of the building in good condition, if such repairs are found necessary after the
inspection as per sub-section (d) of section 4.
(6) The StateAuthority shall be required to prepare its Annual budget in respect of the
next financial year with its estimated receipts and expenditure under the fund and
forward to State Government for approval of the same. The State Government shall
thereafter accord the same with or without modification.
13. Dissolution of theAuthority : (1)  Where the State Government is satisfied that the
purpose for which the Authority was established under the Act have been substantially achieved
so as to render the continued existence of the Authority in the opinion of the Government
unnecessary, the State Government may, be notification in the Official Gazette, declare that the
Authority shall stand dissolved with effect from such date as may be specified in the notification
and constitute a new authority which shall be deemed to have been functional from the date of
such disolution.
(2) On the issue of such notification;
(a) all the properties, funds and dues which are vested in or  realizable by the
Authority shall vest in or be realizable by the State Government.
(b) all  liabilities which are enforceable against theAuthority shall be enforcement
against the State Government; and
(c) for the purpose of carrying out and development which has not been fully
carried out by the Authority and for the purpose of realizing properties, funds
and dues referred to in clause (a) the functions of the Authority shall be
discharged by the State Government.
6                        The Arunachal Pradesh Extraordinary Gazette, July 25, 2017
Published and printed by Directorate of Printing, Naharlagun-454/2017-DoP-250+Secy(LA)-50+Secy.Research-100+Secy. (Law &
Judl.)-100-07-2017.
14. Penalties : (1) Whoever contravenes any provision of this Act or the regulations
made thereunder or fails to comply with any directions or order lawfully given to him or any
requisition lawfully made upon him, shall on conviction, be punished with imprisonment for a
term which may extend to three months or with fine which may extend to ten thousand rupees,
or with both and for any subsequent offences, with imprisonment for a term which may extend
to six months or with fine which may extend to five thousand rupees for each day of continuance
of offences thereafter or with both.
(2) In case of unlawful damages, neglect, demolition or effecting a major change to
the whole or portion of a heritage site, the offender shall forfeit his right to construct
any further structure on the protection heritage sites for its development and the
removal of the structure already constructed in contravention of the  provisions of
this Act, regulations or orders made or issued thereunder, shall be at the cost of
the owner, lessee or power of attorney holder, as the case may be, or even the
builder making the construction.
15. Compounding of offences : (1)   The State Authority by a general or special order
in this behalf and for reasons to be recorded in writing, either before or after the institution of the
proceedings, may compound an offence made punishable by or under this Act.
Provided that no offence shall be compounded which is committed by a failure to comply
with a notice, order or requisition issued by on behalf of the Authority unless and until the same
has been complied with so far as the same is possible.
(2) When an of fence has been compounded, the of fender, if in custody , shall be
discharged and no further proceeding shall be taken against him in respect of the
offence so compounded.
16. Protection of action taken in good faith : No suit, prosecution or other legal
proceedings shall lie against any person for anything which is in good faith done or intended to
be done in pursuance of the provisions of this Act or of any regulations made thereunder.
17. Powers to make Rules and Regulations : (1) The State Government may by
notification in the Official Gazette make Rules to carry out any of the purposes of this Act
including prescription of the date for approval of conservation plans and for any matters which is
to be, or may prescribed under this Act or in respect of the Act, which no provision or insufficient
provision and where such provision is, in the opinion said Government is required for its effective
implementation.
(2) Without prejudice to the generality of the powers of the State Government under
sub-section (1) the Authority with the approval of the State Government may, make
regulations to provide for all or any of the following matters, namely : -
(a) gradation of the heritage sites declared as such for protection;
(b) laying down of the essential qualifications for appointment to the various
posts of the said Authority including its technical staff.
(c) any other matters which may be prescribed under theAct.
18. Laying of Rules and Regulations :(1) Every Rules andRegulations made by the
Government and Authority under this Act shall as soon as may be it is made, may be laid before
the State Legislature.
19 Power to remove difficulties : (1) If any difficulty arises in giving effect to the
provisions of this Act, the State Government may, by order published in the Official Gazette,
make such provisions not inconsistent with the provisions of this Act as appear to it to be
necessary or expedient for removal of the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the
date of the commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be
laid before the State Legislature.
Belatee Pertin
Commissioner to the
 Government of Arunachal Pradesh,
Itanagar.
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