The Meghalaya Heritage Act, 2012 (Act No. 9 of 2012)

The 4th April, 2012.
No.LL(B) 62/2011/16.—The Meghalaya Heritage Act, 2012 (Act No. 9 of 2012) is hereby published for
general information.
MEGHALAYA  ACT NO. 9 OF 2012.
(As passed by the Meghalaya Legislative Assembly)
Received the assent of the Governor on 3rd April, 2012.
Published in the Gazette of Meghalaya Extra-Ordinary issue dated 4th April, 2012.
THE  MEGHALAYA  HERITAGE  ACT,  2012.
An
Act
to provide for conservation and protection of heritage sites which shall include buildings,  artefacts, structures,
areas, streets and precincts of historic or cultural or environment al significance (heritage buildings and herit age
precincts) and natural features of environment al significance and sites of scenic beauty and also to provide for
conservation and protection of areas of environmental sensitivity.
Be it enacted by the Legislature of the S tate of Meghalaya in the Sixty-third Year of the Republic of India as
follows -
Short title, extent 1. (1) This Act may be called the Meghalaya Heritage Act, 2012.
and
commencement.
(2) It extends to the whole State of Meghalaya.
(3) It shall come into force on such date as the Government may , by notification in the
    Official 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.
Definitions. 2. In this Act, unless the context otherwise requires, -
(a) “Act” means the Meghalaya Heritage Act, 2012.
(b) “Authority” means the Meghalaya Heritage Authority constituted under Section 6;
(c) “conservation” means protection, preservation and restoration of herit age areas,
heritage buildings and herit age precincts sites and shall include only such development al
activity that will enhance the herit age significance of the herit age within the framework
of this Act;
(d) “development” with its grammatical variations 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 land or change
to heritage site including any material or structural change in or p ainting of any herit age
building, or in a herit age precinct or on a listed natural fracture and includes demolition
of any existing building, structure or erection or p art 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 utilise the floor area ratio of land utilisable 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 tot al covered area of all
floors by the area of the plot;
(g) “Meghalaya” means the State of Meghalaya;
(h) “heritage areas” means those areas of archaeological or historic or architectural or
aesthetic of scientific or environment al or cultural significance including natural features
and sites of scenic beauty (hereinaf ter referred to as “ listed areas” or “herit age areas”
which are included in a list(s) published by a notification in the Official Gazette, by the
Authority from time to time;
(i) “heritage building” means and includes any building of one or more premises  or any
part thereof,  of structure or artefact which requires conservation or preservation for
historical or architectural or artistic or artisanry or aesthetic or culture or environmental
or ecological purpose and includes such portion of land adjoining 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 culture or environmental value of such building;
(j) “heritage precincts” means and includes sp aces that require conservation or
preservation for historical and architectural or aesthetics or cultural or environment al
or ecological purpose and walls or other boundaries of a p articular area or place or
building which may enclose such space by and imaginary line drawn around it;
(k) “heritage sites” means those buildings, artefact s, structures, street s, area and
precincts of historic of aesthete or architectural or cultural of environment al significance
(hereinafter referred to as “listed buildings” or “herit age buildings” and listed precinct
or “heritage precincts”) and those natural features of environment al significance and
site and scenic beauty including but not instructed to, sacred groves, mount ains, hills,
hillocks, lakes, river and other water rides, bridle p aths (hereinafter referred to as “listed
natural fractures”) which are included in a list(s) published by notification in the Official
Gazette, by the Authority from time to time;
(l) “listing” means archaeological or other systematic study or document ation of a
heritage site to reveal it s history and other special features and shall include the
recording and analysis of artefact s, features and other material necessary for the
purpose of determining the heritage value or environmental significance;
(m) “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;
(n) “prescribed” means prescribed by rules made under this Act;
(o) “regulations” means a regulations made by the Authority under section 18 of this
Act by notification in the Official Gazette;
(p) “rules” means rules prescribed under this Act; and
(q) “section” means a section of this Act.
Declaration of 3. (1) The Authority may from time to time by notification in the Of ficial Gazette and by
heritage site, publication in leading newspapers from time to time declare.
etc.
buildings, artefacts, structures, streets, area and precincts of historic or architectural
or aesthetic or cultural or environment al significance and those natural features of
environmental significance and sites of scenic beauty including, but not restricted to,
sacred groves, mountains, hills, hillocks, tablelands, sand dunes deserts, lakes, river,
other water bodies and wet lands and the areas adjoining the same, open areas, wooded
areas, points walks, rides bridle paths as heritage site to be protected under this Act
and grade them as may be prescribed by regulations.
(2) Where the Authority is of the opinion that it is necessary so to do, it may from time
to time by notification in the Of ficial Gazette as well as publication in leading newsp apers,
give thirty days notice of it s intention to declare as a herit age site, any building artefact
structure, street area and precinct 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,
tablelands, sand dunes desert s, lakes, rivers, other water bodies and wet lands and
the areas adjoining the same, open areas, wooded areas, point s walks, rides bridle
paths for inviting objections or suggestion in writing from the person of the public or
any organisation and any such notification and news paper published shall be affixed
in a conspicuous place near the site.
(3) On the expiry of the said period of thirty days, Authority may after considering the
objections and suggestions, if any received by it, declare by notification in the Of ficial
Gazette the building, artefact, structure, street, precinct s area or natural features to be
a heritage site. (4) A heritage site so declared shall be graded according to it s heritage
significance by the Authority and the Authority will also determine the scope for change
in the heritage site, if required.
Acquisition of 4. The Government may , by notification in the Of ficial Gazette from time to time acquire or
heritage site. take possession of any heritage site for maintenance.
Temporary 5.  If the Authority considers that a property has or may have herit age value or
protection orders. environmental significance, or scenic beauty , and is likely to be adhered for any reason
whatsoever, it may issue to the owner or lessee an order stopping work that prohibits
any alteration 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.
Constitution 6.   (1) The  Government  shall  constitute  an  Authority known  as the “Meghalaya
of Authority. Heritage Authority” for the purpose of exercising powers and performing the function
assigned under this Act.
(2) The Authority constituted under sub-section (1) shall consist of the following: -
Chief Secretary - Chairman
Additional Chief Secretary/ Principal - Member
Secretary/Commissioner & Secretary/ Secretary,
Finance Department
Principal Secretary/Commissioner & Secretary/ - Member
Secretary, Urban Affairs Department
Principal Secretary/Commissioner & Secretary/ - Member
Secretary, Arts and Culture Department
Principal Secretary/Commissioner & Secretary/ - Member
Secretary, Tourism Department
Principal Secretary/Commissioner & Secretary/ - Member
Secretary, District Council
Principal Chief Conservator of Forest/Chief - Member
Conservator of Forest, Forest Department
Principal Secretary/ Commissioner & Secretary/ - Member
Secretary, PWD Department
Deputy Commissioners of all Districts - Member
Chief Executive Member of District Council - Member
Chief Executive Officer/Executive Officer, Municipal - Member
Boards
Secretary, MUDA - Member
One Representative from INTACH, Meghalaya Chapter - Member
One Architect having ten years experience and - Member
membership of the Council of Architecture and having
specialisation in Urban Design
One Structural Engineer having experience ten years - Member
and membership of Institution of Engineers
One Historian having knowledge of the region and ten - Member
years experience in the field
One Environmentalist - Member
3 (Three) Representative from NGO’s groups - Member
Director, Urban Affairs - Member
Secretary for
          Urban Areas
Director, Arts & Culture - Member
          Secretary for
          Rural Areas
(3)  The Authority shall have the power to co-opt upto five additional members.
(4) For the purpose of ef ficient functioning of the Authority, the Authority as deemed fit,
may include any other member as invitee.
Power and 7. The functions and powers of the Authority shall be as under.-
Functions of the
Authority.
(1) to make regulations for the conservation, protection and administration of herit age
sites, including the function of granting or refusing permission for development which
may affect heritage sites or their surroundings;
(ii) to list and grade the heritage sites;
(iii) to advise the Government on conservation policies relating to herit age sites;
(iv) to  evolve  guidelines  for listing,   grading and  inspection  for the  conservation of
heritage sites;
(v) to identify priorities for implementing conservation projects relating to heritage sites;
(vi) to administer the Meghalaya Heritage Conservation Fund;
(vii) 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;
(viii) to monitor the implement ation of herit age conservation plans and bring any lapses
or shortcomings in the implementation thereof to the notice of the  Government;
(ix) grant of incentives including but not restricted to grant of development  rights, if
deemed necessary for conservation of heritage of environment; and
(x) any other function as may be assigned by the Government.
Appointment of 8.   The Authority may appoint such of ficers and st aff to assist it in  preparation and
officers and implementation of heritage conservation plans as deemed fit.
staff.
Preparation, approval 9.  (1) The Authority shall within such time as may be prescribed, prep are heritage
and sanction of conservation plans, in respect of heritage sites.
heritage conservation
plans. (2) The heritage conservation plan may propose or provide for all or any of the following
matters namely: -
(a) regulation for preservation and administration of herit age sites; (b) listing and grading
of heritage sites;
(c) prescriptions for development control for conservation of herit age sites;
(d) specific design proposals in the case of heritage sites;
(e) specific urban design proposals in the case of herit age sites in order to preserve
and protect the character of the area;
(f) proposals for incentives such as tax exemptions, transfer, of development rights or
acquisition of property, if found necessary, for the protection of the herit age value of
such heritage sites; and
(g) proposals on a case to case basis, for any relaxation of development control
regulations necessary for the protection and enhancement of the herit age value of
heritage sites:
Provided that all such provision of herit age 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 herit age conservation plans shall
take precedence 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 date as
may be prescribed, the Government through the S tate Cabinet 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 to prepare fresh plans in accordance with such directions as the Government
may issue in this behalf and the modified plans as prep ared by the Authority shall be
resubmitted to the Government for its approval.
(4) The heritage conservation plan approved by the Government shall be published by
the Government by notification in the Of ficial Gazette and in leading newsp aper for
inviting suggestions or objections from the public. If objections and suggestion are
received from the public within the period aforesaid, 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 prep ared by the Authority, all permissions for
development that might af fect the herit age sites shall be in conformity with the said
plans
Control of 10.(1) After the date of preparation of the heritage conservation plans by the Authority
developments. under Section 9, all planning permissions and building licences 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 herit age regulations made and the herit age
conservation plans approved.
(2)  Any relaxation of the building bye laws or incentives provided under a herit age
conservation plan or otherwise shall require the owner , lessee or power of attorney
holder, as the case may be to execute a signed af fidavit agreeing to maint ain 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 herit age inspections af ter 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 herit age sites shall not
carry out development on herit age sites nor shall they demolish, alter , or add to it or
undertake repairs thereof, without the prior permission of the Authority. Such permission
may be refused or granted as the case may be, based on the findings of the inspections
carried out by the Authority or any officer authorized by the Authority.
(4) In case demolition or major damages of a herit age building or a building in a herit age
precinct, or a major development or a listed natural feature is recommended under
extraordinary circumstances or major rep air are to be undert aken as a result of the
heritage inspection report, the Authority shall give thirty days notice  in the newsp apers
calling for objections and suggestion from the public and t ake a decision af ter considering
the objection and suggestion 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 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 rep airs 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)   A Conservation Cell  shall be created by the Authority for the maintenance and
restoration of all listed herit age buildings, heritage sites and herit age areas which shall
be headed by a chief architect with such specialisation in conservation architecture as
may be prescribed.
(7) Such chief architect shall be supported by technical st aff with prescribed qualifications
and shall follow the prescribed and est ablished guidelines for the conservation of such
buildings and sites.
Heritage Building, 11. (1) The Government may take steps to declare areas where heritage building, site
Site in falling in environmentally sensitive areas. Within such areas, any class of industries,
Environmentally operations, processes construction or development activities shall be regulated, or
Sensitive Areas. shall not be carried out without certain safeguards.
(2)  Without af fecting the generality of sub-section (1), the regulations can apply to, but
not restricted to, the following land use especially conversion of land from green uses
such as horticulture areas, agriculture, parks, open space, wetlands, grasslands, etc.,
to non green use, building including floor area ratio, height, coverage and design,
location and type of industries carrying out mining, tree felling, tourism activities ground
water usage, use of plastic and other non degradable subst ances hazardous
substances, construction on hill slopes, discharge of ef fluents soil waste disposal, noise
pollution, traffic development at around or effecting heritage sites.
(3)  Government shall stipulate the prep aration of Master Plan in a time bound manner
which will regulate such areas under such plan and such other related matters.
(4)  Before declaring any area where herit age building, site falling in an environment ally
sensitive area and before sanctioning the above guidelines, the Government shall, by
notification in the Of ficial Gazette and in leading newsp apers invite suggestions and
objections from the public within a period of sixty days.
(5) Notwithstanding anything mentioned in sub-section (4), the restrictions and
stipulations specified in sub-sections, (1), (2) and (3) mentioned above shall come into
force as soon as they are formulated.
Constitution of 12. (1) The Government may constitute a fund known as the Meghalaya Herit age
Heritage Fund. Fund for the purpose of maintenance and improvement of herit age areas, herit age
buildings, heritage precincts and heritage sites and environmental sensitivity.
(2) Government may , from time to time, allocate to the Funds money from the
Consolidated Fund of the S tate and contributions to the Fund may also be received by
way of donations, grant s etc. from individuals, trust s, local bodies, comp anies and
other agencies towards heritage conservation.
(3) Money may be advanced by the Government to the Authority, as grant s of loans, on
such terms and conditions as the Government may determine, for the performance of
its functions under this Act.
(4)  The said fund shall be administered by the Government and audited by the
Accountant General every year.
(5) The Authority shall utilise the Fund for meeting -
(a) the cost of acquisition of herit age building or herit age or herit age area for the purpose
of conservation.
(b)  the expenditure for any development or works contemplated in the herit age
conservation plant.
(6)  The Authority may disburse funds to the owners, leases or power of  attorney
holders of Sites/ herit age buildings even if they are private, for maintenance of the
buildings in good condition if such rep airs are found necessary af ter the inspections as
per clause (iv) of Section 7.
(7)  The Authority shall prepare every year, a budget in respect of the next financial
year with it s estimated receipt s and expenditure under the fund and forward to
Government for approval of the same. The Government shall approve the same with
or without modification.
Dissolution of the 13.  (1) Where the Government is satisfied that the purposes for which the Authority
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
that Government may, by notification in the of ficial Gazette, declare the Authority shall
be dissolved with effect from such date as may be specified in the notification and the
Authority shall be deemed to be dissolved accordingly.
(2) From the said date-
(a) all properties, funds and dues which are vested in or realisable by the Authority
shall vest in or be realisable 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 and development which has not been fully carried
out by the Authority and for the purpose of realising properties, funds and dues referred
to in clause (a) the functions of the Authority shall be discharged by the Government.
Penalties. 14.  (1) Whoever contravenes any provision of this Act of the rules and  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 of fence, with
imprisonment for a term which may extent to 6(six) months or with fine which may
extend to five thousand rupees for every day of continuance of of fence thereafter or
with both. (2) In case of lawful damage, neglect, demolition or major charge to the
whole or portion of a herit age site, the offender shall forfeit his right to construct any
further structure of the site of to carry out any further development and the removal of
the structure already constructed in a contravention of the provisions of this Act, 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 builder making the
construction.
Compounding of 15. (1) The Authority by general or special order in this behalf, may in  special
offences. circumstances and for reasons to be recorded in writing, either before  or after the
institution of the proceedings, compound any of fence made  punishable by or under
this Act:
Provided that no of fence shall be compounded which is committed by 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  compliance is possible.
(2) Where an of fence has been compounded, the of fender, if in custody ,  shall be
discharged and no further proceedings shall be t aken against him in  respect of the
offence so compounded.
Protection of action 16.  No suit, prosecution or other legal proceedings shall lie against person for anything
taken in good faith. which is in good faith done or intended to be done in pursuance of the provisions of
this Act or of any rules or regulations made hereunder.
Powers to make 17.  The Government may by notification in the Of ficial Gazette make rules to carry out
rules. any of the purposes of this Act including prescription of the date for approval of
conservation plans.
Powers to make 18.  (1) The Authority may, with the approval of the Government, make regulations
regulations. concerning any matter which is to be, or may , prescribed under this Act or in respect of
the Act makes no provision or makes insufficient provision and where such provision
is, in the opinion of the Authority or any for the implementation of this Act.
(2) Without prejudice to the generality of it s power, under sub-section (1) the Authority
may make regulations to provide for all or any of the following matters, namely: -
(a) Gradation of heritage sites declared as such for protection;
(b)  prescription of the specialisation in conservation architecture as required of the
Chief Architect to head the Conservation Cell;
(c)  prescription of the qualifications of the technical staff of the Chief Architect;
(d) prescription of the guidelines to be followed by the Chief Architect for conservation
of heritage buildings and sites; and
(e) any other matter which is to be, or may be, prescribed under this Act.
Placing of rules and 19. Every rules and regulations made under this Act, shall, as soon as after  they are
Regulations. made, be placed in the State Legislature of the State of Meghalaya.
Power to remove 20.  If any difficulty arising in given effect to the provisions of this Act, the Government
difficulties. may, by order as occasion requires, do anything which appears to it to be necessary
for the purpose of removing the difficulty:
Provided that no such order shall be made af ter the expiration of two years from the
commencement of this Act.
L. M. SANGMA,
Secretary to the Government of Meghalaya,
Law Department.

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