Champaner-Pavagadh Archaeological Park World Heritage Area Management Authority Act, 2006

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor. The following Act of the Gujarat Legislature, having been assented to by the Governor on the 9 b November, 2006 is hereby published for general information. H. D. VYAS, Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department. GUJARAT ACT NO. 28 OF 2006. (First published, after having received the assent of the Governor in the "Gujarat Government Gazette", on the 9th November, 2006). AN ACT to provide for constituting and establishing of an Authority to manage and ensure integrated conservation of heritage and natural environs, preservation of historical and cultural identity and also for preventing uncontrolled development and commercial exploitation of the Champaner-Pavagadh Archaeological Parle and for matters connected therewith and incidental thereto. It is hereby enacted in the Fifty-seventh Year of the Republic of India as follows:- IV-Ex.,-31- 1 31- 1

31-2 Short title and commencement. GUJARAT GOVERNMENT GAZETTE EX. 9-11-2006

The Authority shall consist of the following members, namely:- (i) Chief Secretary to the Government of Gujarat ex-officio, Chairperson; (ii) Secretary to the Government of Gujarat (Culture activity) ex-officio, Vice-Chairperson; (iii) Director General, Archaeological Survey of India, New Delhi; (iv) Secretary to Government of Gujarat, Forest and Environment Department, ex-officio; (v) Secretary to Government of Gujarat, Roads and Building Department, ex-officio; (vi) Managing Director, Tourism Corporation of Gujarat Ltd.; (vii) Director of Archaeology, Gujarat State; (viii) Superintending Archaeologist, Archaeological Survey of India, Vadodara Circle; (ix) Collector, Panchmahal District; (x) District Development Officer, Pancbrnahal District; (xi) Superintendent of Police, Panchrnahal District; (xii) Senior Town Pla.11Jler, South Guja...-at Regional Office, Vadodara; (xiii) Deputy Conservator of Forest, Godhra, Panchmahal District; (xiv) Executive Engineer, Road and Building Division, God.hra; (xv) Head of the Department of Archaeology, M.S. University of Baroda; (xvi) President, Heritage Trust, Vadodara; (xvii) Sarpanch, C'nampaner Village; (xviii) One member as nominated by the Pavagadh Temple Trust; (xix) Chief Executive Officer, Member Secretary.

There shall be Technical Advisory Committee consisting of the following members, namely:- (a) Superintending .A.rchaeologist. Archaeological Survey of India, Vadodara Circle. (b) Director of Arcbaeoiogy, Gujarat State. (c) Deputy Conscrv"ator of Forest, Godhra, Panch111ahal Distr.ict. (d) One Representative as nominated by the M.S. University of Baroda from the Department Of Archaeology. (e) One Representative of the Heritage Trust, Baroda. (f) Planning officer of the Authority. (g) An expert in the field of Heritage, Archaeology, Tourism, Environment co-opted by the Authority on the recommendation of the Chief Executive Officer.

(1) The meeting of the Authority shall be convened by the Chairperson or by the Chief Executive Officer with the approval of the Chairperson and it shall ordinarily meet at least once m three mnnths at such place within the jurisdiction of the authority er at the Headquaners of the Authority 2nd at such time as the Chairperson may decide. (2) The Authority shall observe such rules of procedures :is framed by tbe Authority in regard to the u-ansaction of business of it~ meetings (including quorum at meeting) as may be specified by regulations. (3) The Chairperson or in his absence, the Vice-Chairperson or in absence of both, any other member chosen by the members present at the meeting, shall preside at th.: meeting of the Auti'Jority. (4) All questions which come up before any meeting of the Authority shall be decided by the majority of the votes of the members present and voting and in the event of equality of votes, the Chairperson shall have and exercise a second or casting vote. (5) A member shall not, at any meeting of the Authority or a committee the!»..o!~ take pan m the discussion or vote on any m.:ttcr ra which he has directly or indirectly by himself or his pa."tller, any share or interest

(1) There shall be appointed and maintained a force to be called the Authority Security Force for the purpose of- (i) better protection and security of the public property within the heritage area including prevention of encroaclunents and removal thereof; (ii) aiding the officers of the authority in the detection and investigation of any matter relating to leakage of revenue or any amount payable to the Authority; (iii) effective communication and obtaining of any information regarding any design to commit or the commission of any offence by any person under this Act or the Gujarat Town Pianning and Urban Deveiopllleui Act, 1976 01 any 1ul.:: vi regulation or order made thereunder; (iv) exercising such other powers and discharging such other functions as may be prescribed. (2) The Authority Security Force shall consist of such number of supervisory officers and employee as may be determined by the Authority and shall be appointed with the prior approval of the State Government. (3) The Chief Executive Officer shall exercise powers of superintendence and control over the Authority Security Force. (1) (iv) exercising such other powers and discharging such other functions as may be prescribed. (2) The Authority Security Force shall consist of such number of supervisory officers and employee as may be determined by the Authority and shall be appointed with the prior approval of the State Government. (3) The Chief Executive Officer shall exercise powers of superintendence and control over the Authority Security Force.

(1) The State Government shall appoint an officer to be the Chief Executive Officer of the Authority. (2) The Ch.ief Executive Officer shall be the administrative officer of the Authority and in addition to perform such functions as are conferred on him by or under this Act or untler any law for the time being in force, he shaii- (a) be responsible for alf budgetary, planning, enforcement and supervisory functions of the Authority ; (b) furnish to the Authority all the information relating to the administration and accounts of t.ie Authority as well as other matter whenever called upon by the Authority to do so; (c) prepare and submit the Annual Report and audited accounts of the Authority for its approval within three months of the close of every financial year and submit copies of the same to the State Guvemment; (d) perfonn such other function as may be prescribed.

(1) For the effective implementation of the Act, the State Government shall appoint a Planning Officer a.-id an Account Officer to the Authority. (2) The Planning Officer shall ;-,ot be below the ra.-ik of an Assistant Director ofTo\.'Il Planning. (3) The Account Officer shall be an officer with adequate knowledge and experience of account matters. (4) The Planning officer and the Account Officer shall report to the Chief Executive Officer and shall exercise such powers and perform such duties as may be prescribed.

Subject to the provisions of this Act and the rules made there under, the functions of the Authority shall be- (i) to carry out a survey of the Heritage Area and prepare reports on the surveys so carried out; (ii) to prepare development and management plans of the Heritage Area; (iii) to carry out such works as arc contemplated in the development and management plans; (iv) to formulate as many schemes as are necessary for implementing the development plans of the Heritage Area; (v) to secure and co-ordinate execution of the development plan, town planning schemes and development of the Heritage Area in accordance with such plans and schemes; (vi) to raise finance for any project or scheme for the development of the Heritage Area and extend assistance to the local authorities in the Region for the execution of such project or scheme; (vii) to do such other acts and things ~ may be entrusted by the State Government or as may be necessary for or incidental or conducive to, any matters which are necessary for furtherance of the objects for which the authority is constituted; (viii) to entrust to any local authority or other agency the work of execution of any development plan of tovm planning scheme for the development of the Heritage Area; (ix) to co-ordinate the activities of the local authorities and the Urban Development Authority, if any, constituted under the President's Act Gujarat Town Planning and Urban Development Act, 1976 No. 27 of 1976. exercising jurisdiction within the limits of the Heritage Area and the Gujarat Water Supply and Sewerage Board, Gujarat Slum Clearance Board, the Madhya Gujarat Urja Vik.as Nigam, the Gujarat Industrial Area Development Board, the Gujarat State Road Transport Corporation and such other bodies as are presently concerned with development activities in the Heritage Area or may be concerned in the future; (x) to supervise and review the progress of expenditure incurred under the plan or scheme and the performance of development by various departments and local authorities with reference to the plan or scheme; (xi) to take action to protect the public property within the Heritage Area; (xii) to raise local, regional, national and international awareness about the significance of the World Heritage Site; (xiii) to promote and encourage proper research to understand the archaeological, histoncal and environmental values of the Champaner-Pavagadh Archaeological Park World Heritage Site; (xiv) to perform such otl1er functions as may be prescribed.

Vhcre there is no sufficient time to convene a meeti11g of the Authority, the Chairperson shall have special powers to act on his own and direct measures for effective realization of the object in the case of urgency. After taking such action as deemed necessary, he shall place the subject before the Authority at its immediate next meeting and seek the ratification of the action taken by him.

The Authority .na} l>y an order, direct that any power ei..ercisable by it under this Act (except the power to make regulation) may also be exercised by the Chairperson or such officer of the Authority as may be specified in the order subject to such restrictions and conditions as may be specified therein.

(1) Notwitlistanding anything contained in any law of the State for the time being in force, no other authority or person shall undertake any development within the Heritage Area of the types which the Authority has power to undertake under this Act, except with the previous permission of the Authority. (2) No iocal authority shall grant permission for any development referred to in sub section (I) within the Heritage Area, unless the Authority has granted permission for such development. (3) Any authority or person desiring to undertake development referred to in sub-section (1) shall seek a prior permission from the Authority. (4) The Authority may, after making such inquiry as deems necessary, grant such permission subject to such conditions as it may deem fit to impose or refuse to grant such permission. (5) (a) Any authority or person aggrieved by the decision of the Authority under sub-section (4) may, within thirty days from the date of the decision, appeal against such decision to the State Government. (b) The State Government after hearing the appellant may, confirm, modify the decision or reject the appeal and fae decision of the State Government shall be final: Provided that where the aggrieved authority which is under the administrative control of the Central Government has filed an appeal, such appeal shall be decided by the State Government, after consultation with the Central Government. (6) In case any person or authority does anything contrary to the decision given under sub-section (4) as modified in sub-section (5), the Authority shall have power to pull down, demolish or remove any development undertaken contrary to such decision and recover the ccst of such pulling down, demolition or removal from the person or authority concerned.

The Authority may authorise any person to enter into or upon any land or building with or without assistance of workmen for the purposes of- (a) making any enquiry, inspection, measurement or survey or taking level for such land building; (b) examining works under construction and ascertaining the course of sewers and drains; (c) digging or boring into the sub-soil; (d) setting out boundaries and intended lines of works. (e) making such levels, boundaries and lines by placing marks and cutting trenches; (f) contravention of any plan or scheme or in contravention of any conditions subject to which such pennission has been granted; or (g) doing any other thing necessary for the efficient administration of this Act: Provided that no such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice to the occupier, or if t.'lcre is no occupier, to the owner of the land or building: Provided further that sufficient opportunity shall in every instance be given to enable women and children, if any, to withdraw from such land or building: Provided also that due regard shall always be had, so far as may be, compatible with the exigencies of the purpose for which the entry is made, to social and religious usage of the occupants of the iand or building entered.

(1) The Authority shall have a fund to be called the Authority Fund which shall be operated by such officer as may be authorized by the Authority. (2) The Authority may accept grants, subventions, contributions, donations and gifts from the Central Government, the State Government, a local authority, any international organization or any individual or body, whether incorpontcd or not, for all or any of the purposes of this Ac!. (3) Tnc State Government shall. every year, make a grant to the Authority of a sum equivalent to the administrative expenses of the Authority till the Authority is able to meet its administrative expenses out of its own resource.~. (4) All moneys received by or on behalf of the Authority by virtue of tJ1~s .. A.ct and al! i..l'Jterest, profits, a..~d other moneys accr~.ing to or borrowed by the Authority, shall be credited to the Fund. (5) Except as otherwise directed by the State Government, all moneys and receipts specified in the foregoing provision and forming part of the Fund shall be deposited in any Scheduled Bank as defined in the Reserve Bank of India Act, 1934 or invested in such securities as may be approved by the State Govemn1ent. (6) The Fwid and all other assets vesting in the Authority shall be held and applied by it, for the purposes of this Act.

The Authority shall prepare, every year, in such form and at such time as may be prescribed, an annual budget estimate in respects of the next financial year showing the estimated receipts and expenditure of the Authority and shail submit a copy thereof to the State Government

(1) The Authority shall prepare, after the end of each year in such form and before such date as may be prescribed, an annual report of its activities during the previous year and programme of work likely to be undertaken by the Authority and submit a copy thereof to the State Government. (2) The State Government shall, as soon as may be after the receipt of the annual report under sub-section (I), cause the same to be laid before the State Legislature.

(1) The State Government may from time to time, make subventions to the Authority for the purposes of this Act on such terms and conditions as the State Government may determine. (2) The State Govemment, may, from time to time, ac.Jvance loa.•s to the Aui.honty for the purposes of this Act, on such terms and conditions as the State Government may determine.

The Authority may from time to time and subject to the provisions of th.is Act and to such conditions as may be prescribed in this behalf, borrow money as required for the purposes of this Act.

(1) The Authority shall maintain books of account and such other books in such form and in such manner as may be prescribed and shall prepare in accordance with such rules an annual statement of account. (2) The Authority shall cause its account to be audited annually by ~n('h perc::o11 ;l~ the State Govt?rnmen!, may dir~t (3) As soon as the account of the Authority have been audited, the Authority shall send a copy thereof together with a copy of the report of the auditor thereon to the State Government. (4) The Authority shall comply with such direction as the State Government, may, after perusal of the report of the auditor, think fit to issue such direction. (5) The State Government shall, as soon as may be after the receipt of the audit report under sub-section (3) cause the same to be laid before the State Legislature.

Whoever contravenes any of the prOVJSIOn of this Act or rule, regulation, bye-law or scheme made or sanctioned thereunder shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to Rs. 10,000 or with both and in the case of continuing contravention, with additional imprisonment for a term which may extend to six month or with fine which may extend to Rs. 5,000 or with both for each day after the first during which the contravention contmues.

(1) If the per>on committing an offence under this Act is a company, every person who at the time the offence was conunitted was in charge of and responsible to the company for the conduct of its business as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act ifhe proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithsta.'lding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it 1s proved that the offence has been conunitted with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.- For purpose of this section- (a) "company" means a body corporate and includes a firm or other association of individuals; and (b) "director" in relation to a fum means partner in the firm.

No court shall take cognizance of an offence punishable under this Act except on a complaint in writing made by an officer of the Authority authorized by it in this behalf.

All fines realized in connection with prosecutions under this Act shall be credited to the Authority Fund.

(1) The Authority may, in order to carry out the development plans and schemes formulated under section 11 or any town planning schemes, issue directions to any local Authority, Urban Development Authority concerned, Gujarat Water Supply and Sewerage Board, Madhya Gujarat Urja Vikas Nigam and such other bodies as are connected with developmental activities in the Heritage Area (2) Notwithstanding anything contained in any other law for the time being in force, every such direction shall be complied with by the body to which it is issued. On failure, it shall be competent for the Authority to take necessary action to carry out the directions issued under sub-section (1) and recover expenses, if any, incurred from the body concerned.

The Authority may compromise any claim or demand arising out of any contract entered into by it under this Act or any action or suit instituted by or against it for such sum of money or other compensation, as it may deem sufficient: Providecl that no such claim or demand exceeding Rs. 25,000 shall be compromised except with the previous approval of the State Government.

Every member, every officer and other employees of the Authority shall, when acting or purporting to act in pursuance ·of the provisions of this Act or any rule or regulation made thereunder, be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

No suit, prosecution or other legal proceeding shall lie against the Authority or any member, officer or employee of the Authority or any person for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act or any rule or regulation made thereunder.

(1) The State Government may give such directions consistent with the object of this Act, to the Authority as in its opinion is necessary or expedient for carrying out the purposes of the Act. The Authority shall carry out such directions as may be issued from time to time by the State Government. (2) The authority shall furnish to the State Goyemment such reports, and other infonnation as the State Government may from time to time requl.l'e. (3) Where in connection with the exercise of its powers and discharge of its functions by the Authority under this Act, any dispute arises between the Authority and a local authority or any Board or Corporation the decision of the State Government on such dispute shall be final.

The provisions of thi:> Act shall have effect notwithstanding anything inconsistent therewith contamcd in any other State laws for the time being in force.

(1) The State Government may. by notification in the Official Gazelle. subject to the condition of PfE'.Vious publication, make rules to carry out the purposes of this Act: Provided that if the State Government is satisfied that the circumstances exist wr.1ch render it necessary to take immediate action, it may dispense with the previous publication of any rule to be made under this section. (2) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject IO the rescission by the State Legislature or to such modification as the State Legislature may make during the session in which they are so laid or !he session immediately following. (3) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect.

The Authority may, with previous sanction of the State Government, make regulations not inconsistent with this Act and the rules made thereunder for enabling it to perform its functions under this Act.

(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government, may by order published m the Official Gazette, make such provisions not inconsistent with the provisions of this Act as the occasion may require to do anything which appears to be necessary for removing the difficulty: Provided that no such order shall be made nnder this section after the expiry of two years from the commencement ofihis Act. (2) Every order made under sub-section (1) shall be laid, as soon as may be, before the State Legislature.

In the Gujarat Town Planning and Urban Del'elopment Act, 1976,- (1) in section 2, after clause (xii), the following shall be inserted, namely · "(xii-a) "heritage area" means the heritage area as defined m clause (i) of section 2 of the Champaner-Pavagadh Archeological Park World He1itage Area Management Authority Act, 2006."; (2) in section 3, to sub-section (3), the following proviso shall be insert~, namely:- "Pro\ided further that in the case of the heritage area, the development area or urban development area declared under this Act shall be co-terminous with Heritage area."; (3) in section 22, to sub-section ( J ), the following proviso shall be inserted, namely~- "Provided that notwithstanding anything contained m this Act, in the case of the urban development area comprising the heritage area, the development plan shall also contain the particulars specified in the Champaner-Pavagadh Archeological park World Heritage .A.rea Management Authority Act, 2006 and the plan so prepared shall for the purpose of that Act be deemed to be the comprehensive development plan for the purpose of section 22 of this Act."; (4) atler section 123, the foliowing secnon shall be inserted, namely:- "123A. Notwithstanding anything contained in this Act, with effect from the date of the constitution of the Champaner-Pavagadh Archaeological Park World Heritage Area Management Authority under the Champaner-Pavagadh Archaeological Park World Heritage Area Management Authority Act, 2006, such authority shall be the Area Development Authority or the Urban Development Authority for the area comprising the heritage area and shall exercise all the powers, perform duties and discharge functions under this Act as if it were Area Development Authority or Urban Development Authority constituted for the heritage area.".