Jammu and Kashmir Heritage Conservation and Preservation Act, 2010

No: 15 Dated: Apr, 29 2010

THE JAMMU AND KASHMIR HERITAGE CONSERVATION AND PRESERVATION ACT, 2010

(Act No. XV of 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, -

(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) "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 ;

(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 »n 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 he, 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 precints" or "heritage precints") 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 tin are non-material and abstract like music, dance, drama, poetry, living heritage like traditional crafts and cuisine and knowledge systems, folklore, spiritual traditions yoga and Sufism, etc. ;

(q) "land" means any area of land mass including water bodies;

(r) "listing" means inclusion of any heritage, tangible; intangible, in a list to be maintained by the Government, from time to time, after the particular heritage has declared as a heritage to be conserved or preserved through a notification in the Government Gazette by 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 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, lakes, rivers, and other water bodies (and the adjoining the same), open areas, wooded areas, points walks rides, bridle paths, etc. (hereinafter referred "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 ;

(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.