The HERITAGE CONSERVATION AND PRESERVATION ACT, 2010 (Act No. XV of 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.  Decla r a tion of ta ngible
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.
Section.
CHAPTER IV
10.  Preparation, approval and
sanction of Heritage Conser-
vation and Preservation Plans.
CHAPTER V
11.  Development Control.
12.   Contr ol of Cha nges/
Distortions/  Tampering in/
of Inta ngible Cultur a l
Heritage.
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.
544 HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010
Section.
20. Power to make regulations.
Section.
21.  Powers to remove
difficulties.
–––––––
HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010 545
THE JAMMU AND KASHMIR HERITAGE
CONSERVATION AND PRESERVATION 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 date 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,––
1. Enforced vide SRO
546 HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010
(a) “authority” means the Jammu and Kashmir Heritage
Conservation and Preservation Authority constituted under
section 7 ;
(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) “ doc umenta t ion”  mea ns for ma l r ecor ding of
characteristics or features or details of any tangible or
intangible item of heritage value after conducting survey
and research on the same ;
HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010 547
(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 ;
(h) “Government” means the Government of State of Jammu and
Kashmir ;
(i) “grading” means classification of heritage both tangible and
intangible according to its heritage significance and the same
shall determine  in the case of tangible heritage, the levels of
intervention permissible in conserving, pr eserving,
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
548 HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010
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 ;
(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 ;
HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010 549
(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 Ja mmu and Ka shmir 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 ;
(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 ;
550 HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010
(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 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
HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010 551
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 :
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
552 HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010
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.
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.
HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010 553
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 ;
(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 ;
554 HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010
(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 State 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 State to give the
same, the status of heritage/heritage site inviting objections and
suggestions within thirty days from the publication of the notice.
(6) After the expiry of the period specified in sub-section (5) and
after considering the objections and suggestions, if any, the authority
HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010 555
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
556 HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010
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.
(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 author ity or  the Her itage
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 cr a fts a nd 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.
HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010 557
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.
(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 State 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  State  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 ;
558 HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010
(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.
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
HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010 559
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 five 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.
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.
560 HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010
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 ;
(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.
HERITAGE CONSERV A TION AND PRESERV A TION ACT, 2010 561
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.
–––––––

‹ Prev All Jammu and Kashmir acts Next ›