Chapter IV POWERS AND FUNCTIONS OF AUTHORITY

11. Subject to the provisions of this Act and the rules made there under, the functions of the Authority shall be-

1. (i) to carry out a survey of the Heritage Area and prepare reports on the surveys so carried out;
2. (ii) to prepare development and management plans of the Heritage Area;
3. (iii) to carry out such works as are contemplated in the development and management plans;
4. (iv) to formulate as many schemes as are necessary for implementing the development plans of the Heritage Area;

12. Where there is no sufficient time to convene a meeting 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.

Power to delegate 13. The Authority may by an order, direct that any power exercisable 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.

14.

1. (1) Notwithstanding 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. (2) No local authority shall grant permission for any development referred to in sub section
3. (1) within the Heritage Area, unless the Authority has granted permission for such development.
4. (3) Any authority or person desiring to undertake development referred to in sub-section
5. (1) shall seek a prior permission from the Authority.
6. (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
7. (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 the 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.
8. (6) In case any person or authority does anything contrary to the decision given under sub-section
9. (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 cost of such pulling down, demolition or removal from the person or authority concerned.

15. 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 –

1. (a) making any enquiry, inspection, measurement or survey or taking level for such land building;
2. (b) examining works under construction and ascertaining the course of sewers and drains;
3. (c) digging or boring into the sub-soil;
4. (d) setting out boundaries and intended lines of works.
5. (e) making such levels, boundaries and lines by placing marks and cutting trenches;
6. (f) ascertaining whether any land is being or has been developed in contravention of any plan or scheme or in contravention of any conditions subject to which such permission has been granted; or
7. (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 there 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 land or building entered.

16.

1. (1) It shall be lawful for the Authority to levy at such rate as the State Government may, by notification in the Official Gazette, specify, a fee for grant of permission under section 14.
2. (2) All fees realized under this Act shall be credited to the Fund.