section 10
Preparation, approval and sanction of Heritage Conser-vation and Preservation Plans.
The Jammu and Kashmir Heritage Conservation and Preservation Act, 2010General201021 sections
Statutory text
- (1) The authority shall within such time as may be prescribed have the Heritage Conservation/Preservation Plans in respect of both tangible and intangible heritage prepared by the concerned Commissioners or Collectors or Directors or Committees.
- (2) Such Plans may propose or provide for all or any of the following matters, namely:—
- (a) regulations for preservation, conservation and administration of heritage (objects, buildings, sites etc.) ;
- (b) listing and grading of heritage ;
- (c) prescription for development control for conservation of heritage ;
- (d) specific urban/rural design proposals in the case of heritage sites in order to preserve and protect the character of the area ;
- (e) proposals for incentives such as tax exemption, transfer of development rights or acquisition of property, if found necessary for the protection of heritage or heritage sites ;
- (f) proposals on a case to case basis, for any relaxation to development control regulations necessary for the protection and enhancement of the heritage value of the heritage/sites : Provided that all such provisions of the Heritage Conservation Plans shall as for as possible, be in conformity with the existing laws on the relevant subject/ building by-laws applicable to local bodies and Master Plan for the respective localities.
- (3) After submission of the Heritage Conservation Plans but not later than such date as may be prescribed, the Government 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 or prepare fresh plans in accordance with such directions as the Government may issue in this behalf and the modified plans as prepared by the authority shall be resubmitted to the Government for its approval.
- (4) The Heritage Conservation Plans approved by the Government shall be published by the Government by notification in the *[Government Gazette] and leading newspapers published in the 1[Union territory of Jammu and Kashmir] for inviting suggestions or objections from the public. If objections and suggestions are received from the public within the stipulated period, 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 prepared by the authority, all permissions for development that might affect the heritage/heritage sites shall be in conformity with the said plans.
- (5) If any heritage/heritage site has not been listed / incorporated in the Heritage Conservation Plan, the authority may, from time to time, issue a notice in leading newspapers published in the 1[Union territory of Jammu and Kashmir] to give the same, the status of heritage/heritage site inviting objections and suggestions within thirty days from the publication of the notice.
- (6) After the expiry of the period specified in sub-section (5) and after considering the objections and suggestions, if any, the authority shall, if it finds fit, recommend to the Government that the object/ property be declared as a heritage/heritage site and the Government may declare the same accordingly.
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