The JAMMU AND KASHMIR HERITAGE CONSERVATION AND PRESERVATION ACT, 2010

HERITAGE CONSERV ATION AND
PRESERV ATION ACT, 2010
(Act No. XV of 2010)
THE JAMMU AND KASHMIR HERITAGE
CONSERVATION AND PRESERVATION ACT, 2010
(Act No. XV of 2010)
CONTENTS
Section.
CHAPTER I
Preliminary
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
3. Declaration of tangible heritage and heritage sites, etc.
4. Acquisition of heritage site.
5.  Temporary Protection Order.
6. Declaration of intangible heritage like music, dance, drama etc.
CHAPTER III
7. Constitution of Authority.
8. Constitution of Executive Committee.
9. Appointment of Officers and staff.
CHAPTER IV
10. Preparation, approval and sanction of Heritage Conser-vation and
Preservation Plans.
CHAPTER V
11. Development Control.
12. Control of Changes/Distortions/ Tampering in/of Intangible Cultural Heritage.
452 HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010
Section.
CHAPTER VI
13. Finance.
CHAPTER VII
14. Dissolution of the authority.
15. Penalties.
16. Composition of offences.
17. Court competent to try offences under this Act.
18. Protection of action taken in good faith.
19. Power to make rules.
20. Power to make regulations.
21. Powers to remove difficulties.
–––––––
HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010 453
THE JAMMU AND KASHMIR HERITAGE CONSERVATION
AND PRESERV ATION ACT, 2010
(Act No. XV of 2010)
[Received the assent of the Governor on 28th April, 2010 and published
in Government Gazette dated 29th April, 2010].
An Act to provide for conservation and preservation of heritage both
tangible and intangible, including buildings, structures, monuments, precincts,
areas/sites, artifacts, sculptures, paintings, handicrafts, manuscripts etc. and
music, dance, drama, performing arts, poetry, living traditions like crafts and
cuisine, traditional knowledge systems, folklores, spiritual traditions;
respectively of historic or cultural or religious or aesthetic or architectural or
environmental significance and for matters connected therewith or incidental
thereto.
Be it enacted by the Jammu and Kashmir State Legislature in the Sixty-
first Year of the Republic of India as follows:––
CHAPTER I
Preliminary
1. Short title, extent and commencement.––(1) This Act may be called
the Jammu and Kashmir Heritage Conservation and Preservation Act, 2010.
(2) It shall come into force on such 1date as the Government may, by
notification in the *[Government Gazette], appoint :
Provided that different dates may be appointed for different provisions
of this Act and any reference in any such provision to the commencement of
this Act shall be construed as a reference to the coming into force of that
provision.
2. Definitions.––In this Act, unless the context otherwise requires,––
(a) “authority” means the Jammu and Kashmir Heritage Conservation
and Preservation Authority constituted under section 7 ;
1. Enforced vide SRO 217 dated 17th July, 2011 with effect from 18th Juliy, 2011.
* Now Official Gazette.
454 HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010
(b) “conservation” means protection, preservation and restoration of
heritage sites/areas, heritage precincts, buildings, artifacts, handicrafts,
paintings, fabrics etc. and shall include only such developmental activity
that will enhance the heritage significance of the heritage site within
the frame work of this Act ;
(c) “development” means the carrying out of construction of buildings,
engineering, mining or other operations in, or over, or under, land;
or making of any material change in any building or land; or in the
use of any building or land; or change to a heritage site including
any material or structural change in, or painting of, heritage building;
or in a heritage precinct; or on a listed natural feature; and includes
demolition of any existing building, structure; or erection of part of
such building, structure or erection and reclamation, redevelopment,
layout and sub-division of any land ; and “to develop” shall be
construed accordingly ;
(d) “development right” means the 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/
floor space index of land utilizable either on the remainder of the
land partially reserved for public purpose or elsewhere, as may be
provided in the heritage regulations or as per the Master plan for
the area ;
(e) “director” means an officer authorized by the Government, by
notification in the *[Government Gazette], to exercise the powers
conferred, and to discharge the duties imposed, on the Director
under this Act ;
(f) “documentation” means formal recording of  characteristics or
features or details of any tangible or intangible item of heritage
value after conducting survey and research on the same ;
(g) “floor area ratio/floor space index” means the ratio derived by
dividing the total covered area of all floors by the area of the plot ;
1[(h) “Government” means the Government of Union territory of Jammu
and Kashmir ;]
(i) “grading” means classification of heritage both tangible and
intangible according to its heritage significance and the same shall
* Now Official Gazette.
1. Clause (h) substituted by S.O. 1229 (E) dated 31.03.2020.
HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010 455
determine  in the case of tangible heritage, the levels of intervention
permissible in conserving, preserving, maintaining and upgrading
the heritage  including sites, buildings, artifacts, structures, streets,
precincts etc. of historic or architectural or aesthetic or cultural or
environmental significance and those natural features or sites of
scenic beauty including, but not restricted to, sacred groves,
mountains, hills, hillocks, lakes, rivers and other water bodies (and
the areas adjoining the same), open areas, wooded areas, points,
walks, rides, bridle paths etc. and in the case of intangible heritage
like music, dance, drama, the level or nature of preservation or
patronage or promotion required ;
(j) “heritage areas” means those areas of archaeological or historical
or architectural or aesthetic or scientific or environmental or cultural
significance including man made and natural features and sites of
scenic beauty (hereinafter referred to as “listed areas” or “heritage
areas”) which are included in a list(s) published by notification in
the *[Government Gazette], by the Government, from time to time ;
(k) “heritage buildings” means buildings (including artifacts),
structures of historical or aesthetic or architectural or environmental
significance (hereinafter referred to as “listed buildings” or
“heritage buildings”) which are included in a list(s) published by
notification in the *[Government Gazette], by the Government, from
time to time ;
(l) “heritage inspection” means physical examination through spot visit
of the heritage by the authority or Municipal Commissioner or
Collector or Director concerned, as the case may be, to ensure,—
(i) proper maintenance and conservation of the heritage ; and
(ii) to ensure conformity with heritage and environmental
protection standards or requirements ;
(m) “heritage precincts” means streets and spaces including those around
a heritage building or a group of such buildings of which they are
part and parcel (hereinafter referred  to as “listed precincts” or
“heritage precincts”) which are included in a list(s) published by a
notification in the *[Government Gazette], by the Government, from
time to time ;
* Now Official Gazette.
456 HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010
(n) “heritage sites” means those buildings, artifacts, structures, streets,
areas and precincts of historic or aesthetic  or architectural or cultural
or environmental significance (hereinafter referred to as “listed sites”
or “heritage sites”) and those natural features of environmental
significance and sites of scenic beauty  including, but not restricted
to, sacred groves, mountains, hills, hillocks, lakes, rivers, and other
water bodies (and the areas adjoining the same), open areas, wooded
areas, points, walks, rides, bridle paths etc. which are included in a
list(s) published by the Government, from time to time ;
(o) “tangible heritage” means any material or physical heritage like
buildings, structures, artifacts, sculpture, handicrafts, fabrics,
paintings, etc. ;
(p) “intangible heritage” means those aspects of culture that are  non-
material and abstract like music, dance, drama, poetry, living
heritage like traditional crafts and cuisine and knowledge systems,
folklore, spiritual traditions like yoga and Sufism, etc. ;
(q) “land” means any area of land mass including water bodies ;
(r) “listing” means inclusion of any heritage, tangible or intangible, in
a list to be maintained by the Government, from time to time, after
the particular heritage has been declared as a heritage to be
conserved or preserved through a notification in the *[Government
Gazette] by the Government, from time to time ;
(s) “monument” means any ancient monument and site which is not
declared as such, by notification, to be a protected monument under
the Jammu and Kashmir Ancient Monuments and Preservation Act,
1920 and the Ancient Monuments and Archaeological Sites and
Remains Act, 1958 (Central Act 24 of 1958) ;
(t) “natural feature” means those features of environmental significance
and sites of scenic beauty including, but not restricted to sacred
groves, mountains, hills, hillocks, lakes, rivers, and other water
bodies (and the area adjoining the same), open areas, wooded areas,
points, walks, rides, bridle paths, etc. (hereinafter referred to as
“listed natural feature”) which are included in a list(s) published in
the newspapers by the authority or Municipal Commissioner or
Collector or Director as the case may be, from time to time ;
* Now Official Gazette.
HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010 457
(u) “object” means any material  or physical entity ;
(v) “owner” 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 ;
(w) “place” means any geographical area or space ;
(x) “prescribed” means prescribed by rules made under this Act ;
(y) “preservation” means redeeming or saving any cultural heritage,
tangible or intangible, from decay and fading away to protect and
patronize it ;
(z) “regulations” means regulations made under section 20 of this Act
;
(z-i) “rules”  means the rules made under section 19 of this Act ;
(z-ii) “site” means areas, spaces, places, precincts, etc. ;
(z-iii) “survey” means preliminary investigation of any tangible or intangible
item or object of apparent heritage value with a view to undertake
research and documentation of the same and its subsequent listing
for its protection or preservation.
CHAPTER II
3. Declaration of tangible heritage and heritage sites, etc. ––(1) The
Government may, on the recommendation of the authority or Municipal
Commissioner or Collector or Director as the case may be, from time to time,
by notification in *[Government Gazette] declare buildings, artifacts,
sculptures, paintings, photographs, or structures, streets, areas and
precincts of historic or architectural or aesthetic or cultural or environmental
significance and sites of scenic beauty, including but not restricted to,
scared groves, mountains, hills, hillocks, lakes, rivers, and  other water
* Now Official Gazette.
458 HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010
bodies (and the areas adjoining the same), open areas, wooded areas, points,
walks, rides, bridle, paths  as heritage or heritage site to be protected, and
grade them as prescribed by the regulations, under this Act :
Provided that such declaration is made after survey, research,
documentation and grading of the heritage has been undertaken by the
concerned authority.
(2) Where the authority is of the opinion that it is necessary so to do, it
may, from time to time, by notification in *[Government Gazette], and also by
publication in leading newspapers, give thirty days notice of its intention to
declare any building, artifacts, structures, streets, areas and precincts of historic
or architectural or aesthetic or cultural or environmental significance and a
natural feature of environmental significance and site of scenic beauty, including
but not restricted to, scared groves, mountains, hills, hillocks, lakes, rivers,
and other water bodies (and the areas adjoining the same) open areas, wooded
areas, points, walks, rides, bridle, paths etc. as heritage or heritage site from
protection under this Act, for inviting objections or suggestions in writing
from any person or the public or any organization  and any such notification
and newspaper publication shall be affixed in a conspicuous place near the
site.
(3) On expiry of the said period of thirty days, the authority may
recommend to the Government for declaring any building, artifacts, structures,
street, precinct, area, or natural features to heritage or heritage site, as the case
may be, under sub-section (1).
(4) A heritage site so declared shall be graded according to its heritage
significance by the authority and the authority will also determine the scope
for change in the heritage site, if so required.
4. Acquisition of heritage site.—The Government may, by notification in
the *[Government Gazette], from time to time, acquire or take possession of
any heritage or heritage site for maintenance.
5.  Temporary Protection Order.—If the authority considers that a
property has, or may have, heritage value or environmental significance, or
scenic beauty and is likely to be altered for any reason, whatsoever, it may by
order prohibit the owner or lessee, from making any alteration of the property
for a period of one hundred and twenty days subject to such conditions or
requirement as the authority may consider appropriate :
* Now Official Gazette.
HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010 459
Provided that within the said period, the Government may declare such
property as a heritage or heritage site, as the case may be, in accordance with
the provisions of this Act.
6. Declaration of intangible heritage like music, dance, drama etc.—
(1) The Government may on the recommendations of the authority or Municipal
Commissioner or Collector or Director, as the case may be, from time to time, by
notification in the *[Government Gazette] declare cultural items like  music,
dance, drama, living traditions like local crafts and cuisines, knowledge
systems, folklores, spiritual traditions like Yoga, Sufism etc. as heritage  to be
protected under this Act after conducting survey, research  and documentation
and grading them.
(2) Where the Government is of the opinion that it is necessary to do so,
it may, from time to time, by notification in the *[Government Gazette] and also
by publication in leading newspapers give thirty days notice of its intention to
declare a particular cultural feature/ item such as music, lyrics, dance, drama as
heritage to be preserved, promoted and patronized under this Act for inviting
objections/suggestions from general public.
(3) On the expiry of the said period of 30 days, the Government may after
considering the objections and suggestions, if any, received by it, declare by
notification in the *[Government Gazette] the particular cultural feature/item
like music, dance, drama etc. to be heritage.
(4) A heritage item so declared shall be preserved, promoted and
patronized by the Government.
(5) A heritage or heritage site so declared shall be graded accordingly
to its heritage significance by the authority and the authority shall also
determine the scope for change in the heritage site, if so required.
CHAPTER III
7. Constitution of Authority.—The Government may, by notification in
the *[Government Gazette], constitute an Authority known as the “Jammu and
Kashmir Heritage Conservation and Preservation Authority” for the purposes
of exercising powers and performing the functions assigned to it under this
Act.
* Now Official Gazette.
460 HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010
8. Constitution of Executive Committee.—There shall be an Executive
Committee which shall co-ordinate and implement the decisions of the Heritage
Conservation and Preservation Authority. The said Executive Committee shall
consist of such persons, not exceeding ten including the Member-Secretary as
may be prescribed.
9. Appointment of Officers and staff.—In addition to the Member
Secretary of the authority, the Government may appoint such officers and
staff to assist the authority in preparation and implementation of Heritage
Conservation Plans as it deem fit. The Directors concerned shall prepare
proposals on the subjects concerning them for listing, grading, conservation
and preservation of heritage etc. for the consideration and approval of the
authority. For this purpose, the authority may constitute one or more
committees as provided for in this Act and the Director concerned shall be
the Convener of the said Committee. The Director concerned shall
invariably submit all papers/proposals so prepared by him or the Committee
to the Heritage Conservation and Preservation Authority through the
Executive Committee.
CHAPTER IV
10. Preparation, approval and sanction of Heritage Conservation and
Preservation Plans.—(1) The authority shall within such time as may be
prescribed have the Heritage  Conservation/Preservation  Plans in respect of
both tangible and intangible heritage prepared by the concerned Commissioners
or  Collectors or Directors or Committees.
(2) Such Plans may propose or provide for all or any of the following
matters, namely:—
(a) regulations for preservation, conservation and administration of
heritage (objects, buildings, sites etc.) ;
(b) listing and grading of heritage ;
(c) prescription for development control for conservation of heritage ;
(d) specific urban/rural design proposals  in the case of heritage sites in
order to preserve and protect the character of the area ;
HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010 461
(e) proposals for incentives  such as  tax exemption, transfer of
development rights or acquisition of property, if found necessary
for the protection  of heritage  or heritage sites ;
(f) proposals on a case to case basis, for any relaxation to development
control regulations necessary for the protection  and enhancement
of the heritage value of the heritage/sites :
Provided that all such provisions of the Heritage Conservation Plans
shall as for as possible, be in conformity with the existing laws on the relevant
subject/ building by-laws applicable to local bodies and Master Plan for the
respective localities.
(3) After submission of the Heritage Conservation Plans but not later
than  such date as may be prescribed, the Government may, after consulting
the authority, either approve such plans or approve them with such
modifications as the Government may consider necessary or return them to
the authority to modify the plans or prepare fresh plans in accordance with
such directions as the Government may issue in this behalf and the modified
plans as prepared by the authority shall be resubmitted to the Government for
its approval.
(4) The Heritage Conservation Plans approved by the Government shall
be published by the Government by notification in the *[Government Gazette]
and leading newspapers published in the 1[Union territory of Jammu and
Kashmir] for inviting suggestions or objections from the public. If objections
and suggestions are received from the public within the stipulated period, the
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/heritage sites shall
be in conformity with the said plans.
(5) If any heritage/heritage site has not been listed / incorporated in the
Heritage Conservation Plan, the authority may, from time to time, issue a notice
in leading newspapers published in the 1[Union territory of Jammu and Kashmir]
to give the same, the status of heritage/heritage site inviting objections and
suggestions within thirty days from the publication of the notice.
* Now Official Gazette.
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “State”.
462 HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010
(6) After the expiry of the period specified in sub-section (5) and after
considering the objections and suggestions, if any, the authority shall, if it finds
fit, recommend to the Government that the object/ property be declared as a
heritage/heritage site and the Government may declare the same accordingly.
CHAPTER V
11. Development Control.—(1) After the date of preparation of the
Heritage Conservation Plans by the authority under section 12, all licenses,
building licenses, Planning permissions affecting Heritage objects/sites
including the views and lines of sight of or from them shall be issued by the
local planning authority, municipal body,  local body or Collector/Director
concerned only in conformity with the provisions of the heritage regulations
made and the Heritage  Conservation Plans approved, and on the advice of the
authority or of the Heritage Conservation Committees constituted by the
authority under this Act.
(2) Any relaxation of the existing laws/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 an
undertaking agreeing to maintain  the listed heritage object/building in good
condition/ 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, lessees and power of attorney holders of listed heritage
objects/sites shall not carry out development on heritage objects/sites nor shall
they demolish, alter, or add to them or undertake repairs thereof, without the
prior permission of the authority or of the Heritage Conservation Committee
constituted by the authority. Such permissions may be refused or granted, as the
case may be, based on the findings of the inspections carried out by the authority
or Municipal Commissioner or Collector or Director, as the case may be, or the
Heritage Conservation Committee or any officer authorized by the authority.
(4) In case demolitions or  major changes of a heritage object or building
or a building in  heritage precinct, or a major development on a listed natural
feature is recommended under extraordinary circumstances or major repairs are
to be undertaken as a result of the heritage inspections report, the authority or
the Heritage Conservation Committee shall give thirty days notice in the news-
papers calling for objections and suggestions from the public and take a decision
after considering the objections and suggestions received, if any.
HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010 463
(5) If the authority or the Heritage Conservation Committee comes to
the conclusion that a listed heritage object/site is not being maintained
properly or that such site needs repair, the authority shall serve a notice on
the owner, lessee or power of attorney holder, as the case may be, to maintain
the heritage object/site properly or to repair the object/site within thirty days
of the service of the notice and in the event of non-compliance, the authority
or the Heritage Conservation Committee shall take such steps as to carry out
the necessary repairs and recover the cost  from such owner, lessee or power
of attorney holder, as the case  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) Conservation cells shall be created by the authority for the
maintenance and restoration of all listed heritage object, buildings, heritage
sites and heritage areas which shall be headed by a Chief Architect/Chief
Conservationist with such specialization in architecture and conservation of
artifacts as may be prescribed.
(7) Such Chief Architect/Chief Conservationist shall be supported by
technical staff with prescribed qualifications and shall follow the prescribed
and established guidelines for the conservation of such heritage objects/
buildings and sites.
12. Control of Changes/Distortions/Tampering in/of Intangible
Cultural Heritage.—The Government or authority shall control changes/
distortions/tampering etc. in/of intangible Cultural Heritage like, music,
poetry, traditional knowledge systems, living traditions like crafts and
cuisines etc. by devising such Scientific Documentation Methods/ Heritage
Patent Regimes/Intellectual Property Rights/Community Rights over such
Intangible Cultural Heritage, as may be prescribed.
CHAPTER VI
13. Finance.—(1) The Government may constitute a fund known as the
“Jammu and Kashmir Heritage Conservation and Preservation Fund” for the
purpose of,—
(a) maintenance and improvement of heritage objects, areas, buildings,
heritage precincts and heritage sites and environmentally sensitive
areas ; and
(b) preservation and promotion of intangible cultural heritage.
464 HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010
(2) The Heritage Conservation and Preservation Fund would have a
“Corpus Money” to the tune of Rupees 50 crores which shall be earmarked by
the Government.
(3) The Government may, from time to time, allocate to the Fund moneys
from the Consolidated Fund of the 1[Union territory of Jammu and Kashmir]
and contribution to the fund may also be received by way of donations, grants,
etc. from individuals, trust, local bodies companies and other agencies towards
heritage conservation.
(4) Moneys may be advanced by the Government to the authority, as
grants or loans, on such terms and conditions as the Government may determine,
for the performance of its functions under this Act.
(5) The said fund shall be administered by the Government and audited
by the Accountant General every year.
(6) Every local body/concerned departments in the 1[Union territory of
Jammu and Kashmir] shall contribute such moneys to the fund account of the
authority as the Government may specify from time to time.
(7) The authority shall utilize the fund for meeting:—
(a) the cost of acquisition of heritage objects, building, artifacts,
handicrafts or heritage precincts or heritage area for the purpose of
conservation ;
(b) the expenditure for any development or works on any tangible
heritage and preservation and promotion of any intangible cultural
heritage as contemplated in the Heritage Conservation and
Preservation Plan.
(8) The authority may disburse funds to the owners, lessees or    power of
attorney holders of listed heritage objects/buildings, artifacts, handicrafts,
paintings etc. even if they are private, for maintenance  of the buildings, artifacts/
handicrafts/paintings in good condition, if such maintenance are found
necessary. Besides, funds/ incentives may be given to individuals/groups/
communities for preserving intangible cultural heritage.
(9) The authority shall approve every year, a budget in respect of the next
financial year with its estimated receipts and expenditures under the fund.
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “State”.
HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010 465
CHAPTER VII
14. Dissolution of the authority.—(1) Where the Government is satisfied
that the purposes for which the authority was established under this Act have
been substantially achieved so as to render the continued existence of the
authority in the opinion of the Government, unnecessary, the Government
may, by notification in the *[Government Gazette], declare that the authority
shall be dissolved with effect from such date as may be specified in the
notification and the authority shall be deemed to have been dissolved
accordingly.
(2) From the said date,—
(a) all properties, funds and dues which are vested in, or realizable by
the authority shall vest in, or be realizable by the Government ;
(b) all liabilities which are enforceable against the authority shall be
enforceable against the Government ; and
(c) for the purpose of carrying out any development or promotion/
preservation activity 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 Government.
15. Penalties.—(1) Whoever contravenes any provisions of this Act or
the rules and regulations made thereunder or fails to  comply with any direction
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 years and with fine which may extend to ten thousand rupees, or with
both and for any subsequent offence, with fine which may extend to 1[fifty
thousand rupees] for every day of continuance of offence thereafter.
(2) In case of wilful damage, neglect, demolition or major change to the
whole or portion of a heritage/heritage site, the offender shall forfeit his right
to construct any further structure on the site or  to carry out any further
development on the heritage and the undoing of the development/removal of
the structure already constructed in contravention of the provisions of this
Act or the rules, 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 agent/builder making the construction/development.
* Now Official Gazette.
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “five thousand rupees”.
466 HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010
16. Composition of offences.—(1) The authority by general or special order
in this behalf, may in special  circumstances and for reasons to be recorded in
writing, either before or after  the institution of the proceedings, compound any
offence made punishable  by or under this Act :
Provided that no offence shall be compoundable which is committed by
failure to comply with a notice, order or requisition issued by or on behalf of
the authority unless and until the same has been complied with so far as the
compliance is possible.
(2) Where an offence has been compounded, the offender, if in custody,
shall be discharged and no further proceedings shall be taken against him in
respect of the offence so compounded.
17. Court competent to try offences under this Act.—No Court inferior to
that of a Sessions Court shall try any offence punishable under this Act.
18. 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 this Act or of any
rules or regulations made thereunder.
19. Power to make rules.—The Government may, by notification in the
*[Government Gazette], make rules to carry out all or any of the purposes of
this Act including constitution of an authority under section 7 and prescription
of the date for approval of conservation plans by the Government.
20. Power to make regulations.—(1) The authority may make regulations
concerning any matter which is to be, or may be, prescribed under this Act.
(2) Without prejudice to the generality of its powers, under sub-section
(1), the authority may make regulations to provide for all or any of the following
matters:—
(a) gradation of heritage both tangible and intangible declared  as such
for protection and preservation under the Act ;
(b) prescription of the specialization in architecture/conservation as
required for the Chief Architect/Chief Conservationist respectively
to head the conservation cells ;
* Now Official Gazette.
HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010 467
(c) prescription of the qualifications of the technical staff of the Chief
Architect/Chief Conservationist ;
(d) prescription  of the guidelines to be followed by the Chief Architect/
Chief Conservationist for conservation of heritage building, artifacts
and sites ;
(e) prescriptions of guidelines to be followed by Directors concerned
for preservation and promotion of intangible heritage ;
(f) any other matter which is to be, or may be prescribed  under this
Act.
21. Powers to remove difficulties.—If any difficulty arises in giving effect
to the provisions of this Act, the Government may, by order, do anything which
appears to it to be necessary for the purpose of removing the difficulty :
Provided that no such order shall be made after the expiry of two years
from the date of commencement of this Act.
–––––––

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