Arunachal Pradesh Heritage Act, 2015

{
    "id": 15004,
    "slug": "arunachal-pradesh-heritage-act-2015-2015",
    "title": "Arunachal Pradesh Heritage Act, 2015",
    "short_title": "Arunachal Pradesh Heritage Act, 2015",
    "act_number": "(Act No. 8 of 2017)",
    "act_year": 2015,
    "act_type": "STATE",
    "location": "Arunachal Pradesh",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Arunachal Pradesh Heritage Act, 2015",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"Act\" means the Arunachal Heritage Act, 2015.\n(b) \"Authority\" means the Arunachal Pradesh Heritage Authority constituted under section 3.\n(c) \"Conservation\" means protection, maintenance, preservation and restoration of heritage areas, heritage buildings and heritage precincts sites and shall include only such developmental activity that will enhance the heritage significance of the heritage within the framework of the Act ;\n(d) \"Development\" with its grammatical connotations means the carrying out of building, engineering mining or other operations in or over or under, land or the making of any Material change, in any building or land or in the use of any building or change to heritage site including any material or structural change in or painting of any a heritage building, or in a heritage precinct or on a listed natural fracture and includes repair/renovation/alteration of any existing building, structure or erection or part of such building, structure or erection and reclamation, redevelopment and layout and sub-division of any land to develop shall be construed accordingly ;\n(e) \"Development right\" means right to carry out development or to develop land or building or both and shall include the transferable development right in the form of right to utilize the floor area ratio of land utilizable either or the remainder of the land partially reserved for a public purpose or elsewhere, as may be provided in the heritage regulation as per the Master Plan ;\n(f) \"Floor area ratio\" means the ratio derived by dividing the total covered area of all floors by the area of the plot ;\n(g) \"State Government\" means the State Government of Arunachal Pradesh ;\n(h) \"Heritage areas\" means those areas of archaeological or historic or architectural or aesthetic of scientific or environmental or cultural significance including natural features and sites of scenic beauty (hereinafter referred to as \"listed areas\" or \"heritage areas\" which are included in a list published by a notification in the Official Gazette, by the State Government from time to time ;\n(i) \"Heritage building\" means and includes any building of one or more premises or any part thereof, of structure or artifact which requires conservation or preservation for historical or architectural or artistic or artisan or aesthetic or cultural 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 cultural or environmental value of such building ;\n(j) \"Heritage precincts\" means and includes spaces that require conservation or preservation for historical and architectural or aesthetics or cultural or environmental or ecological purpose and walls or other boundaries of a particular area or place or building which may enclose such space by an imaginary line drawn around it ;\n(k) \"Heritage sites\" means those buildings, artifacts, structures, streets, area and precincts of historic of aesthetic or architectural or cultural or environmental significance (hereinafter referred to as \"listed building\" or \"heritage buildings\" and listed precinct or \"heritage precincts\") which are included in a list(s) published by notification in the Official Gazette, by the State Government from time to time ;\n(l) \"Listing\" means archaeological or other systematic study or documentation of heritage site to reveal its history and other special features and shall include the recording and analysis of artifacts, features and other material necessary for the purpose of determining the heritage value or environmental significance ;\n(m) \"Owner\" means and includes -\n(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\n(ii) any manager or trustee exercising powers of management and the successor in office of any such manager or trustee ;\n(n) \" Prescribed\" means prescribed by regulations made under this Act ;\n(o) \"Property\" means both movable and immovable properties as the case may be.\n(p) \"Regulations\" means a regulation made by the Authority under section 18 of this Act by notification in the Official Gazette ;\n(q) \"Section\" means a section of this Act.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Constitution of Arunachal Pradesh Heritage Authority.",
            "chapter": null,
            "content": "(i) Chief Secretary\n-\nChairman\n(ii) Principal Secretary, Home\n-\nMember\n(iii) Development Commissioner\n-\nMember\n(iv) Secretary Urban Department\n-\nMember\n(v) Secretary, Cultural Affairs\n-\nMember Secretary.\n(vi) Secretary, Tourism\n-\nMember\n(vii) Secretary, Panchayat\n-\nMember\n(viii) PCCF/CCF, Forest\n-\nMember\n(ix) Commissioner, PWD\n-\nMember\n(x) Secretary Planning\n-\nMember\n(xi) Secretary, IPR\n-\nMember\n(xii) Deputy Commissioner of concerned District\n\t\t\t\twhere the proposed haritage site in located\n-\nMember\n(xiii) Zilla Chairperson of Concerned District\n\t\t\t\twhere the proposed haritage site in located\n-\nMember\n(xiv) CMEO/Executive Officer, Municipal Council\n\t\t\t\twhere the proposed haritage site in located\n-\nMember\n(xv) A Representative from INTACH State chapter\n-\nMember\n(xvi) An Architect with ten years Experience and\n\t\t\t\thaving membership of the Council of Architecture with\n\t\t\t\tSpecialization in Urban Designs\n-\nMember\n(xvii) A Structural Engineer having experience\n\t\t\t\tof Institution of ten years and possessing membership of\n\t\t\t\tEngineers\n-\nMember\n(xviii) A Historian and an environmentalist\n\t\t\t\thaving sound knowledge of the region with ten Years experience in\n\t\t\t\tthe field\n-\nMember\n(xix) 3 (three) Representative from NGO's groups\n-\nMember\n(xx) Director, Town Planning\n-\nMember\n(xxi) Director, (Research)\n-\nMember\n(xxii) Local MLA of the Heritage site where the\n\t\t\t\tproposed haritage site in located\n-\nMember",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Powers and Functions of the Arunachal Pradesh Heritage Authority.",
            "chapter": null,
            "content": "(a) to make regulations for the conservation, protection and administration of heritage sites, including the function of granting or refusing permission for development which may affect heritage sites or their surroundings ;\n(b) to list and grade the heritage sites ;\n(c) to advise the Government on conservation policies relating to heritage sites ;\n(d) to evolve guidelines for listing, grading and inspection for the conservation of heritage sites ;\n(e) to identify priorities for implementing conservation projects relating to heritage sites ;\n(f) to administer the Arunachal Pradesh Heritage Conservation Fund ;\n(g) to constitute, if deemed necessary, one or more committees and such committees to perform such functions as may be assigned to them, including the function of granting or refusing permission for development which may affect heritage sites or their surroundings ;\n(h) to monitor the implementation of heritage conservation plans and brings any lapses or shortcomings in the implementation thereof to the notice of the State Government ;\n(i) Grant of incentives including but not restricted to grant of development rights, if deemed necessary for conservation of heritage of environment ; and\n(j) Any other function as may be assigned by the State Government ;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Appointment of officers and staff of the Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Procedure for Declaration of Heritage Sites, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Acquisition of heritage site.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Power to issue temporary protection orders.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Preparation, Approval and Sanction of Heritage Conservation Plans.",
            "chapter": null,
            "content": "(a) regulation for preservation and administration of heritage sites,\n(b) listing and grading of heritage sites,\n(c) prescriptions for development control and conservation of heritage sites ;\n(d) specific design proposals in the case of heritage sites ;\n(e) specific urban design proposals in the case of heritage sites in order to preserve and protect the character of the areas.\n(f) proposals for incentives such as tax exemptions, transfer of development rights or acquisition of property, if found necessary, for the protection of the heritage value of such heritage sites, and\n(g) proposals on a case to case basis, for any relaxation of development control regulation necessary for the protection and enhancement of the heritage value of such heritage sites ; and Provided that all such provisions of heritage conservation plan shall, as far as possible, be in conformity with the Building Bye Laws applicable to the urban areas and the Master Plans. However, in case of any conflict, the heritage conservation plans shall take prevails over the building bye laws and other planning and land revenue rules and regulation.\n(h) Such other matter as may be deemed necessary.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Control of Developments.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Declaration of Heritage Building sites in Environmentally Sensitive Areas.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Constitution of Arunachal Pradesh Heritage Fund.",
            "chapter": null,
            "content": "(i) The cost of acquisition of heritage buildings or heritages or heritage areas for the purpose of conservation.\n(ii) The expenditure for any development or works contemplated in the heritage conservation plan.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Dissolution of the Authority.",
            "chapter": null,
            "content": "(a) all the properties, funds and dues which are vested in or realizable by the Authority shall vest in or be realizable by the State Government.\n(b) all liabilities which are enforceable against the Authority shall be enforcement against the State Government; and\n(c) for the purpose of carrying out and development which has not been fully carried out by the Authority and for the purpose of realizing properties, funds and dues referred to in clause (a) the functions of the Authority shall be discharged by the State Government.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Penalties.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Compounding of offences.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Protection of action taken in good faith.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Powers to make Rules and Regulations.",
            "chapter": null,
            "content": "(a) gradation of the heritage sites declared as such for protection;\n(b) laying down of the essential qualifications for appointment to the various posts of the said Authority including its technical staff.\n(c) any other matters which may be prescribed under the Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Laying of Rules and Regulations.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Power to remove difficulties.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 19th February, 2020 [aru016]",
        "Act Number": "(Act No. 8 of 2017)",
        "Enactment Date": "",
        "Act Year": "2015",
        "Short Title": "Arunachal Pradesh Heritage Act, 2015",
        "Type": "STATE",
        "Location": "Arunachal Pradesh"
    },
    "updated_at": "2026-09-29 21:55:19"
}