section 3
Declaration of tangible heritage and heritage sites, etc.
The Jammu and Kashmir Heritage Conservation and Preservation Act, 2010General201021 sections
Statutory text
- (1) The Government may, on the recommendation of the authority or Municipal Commissioner or Collector or Director as the case may be, from time to time, by notification in *[Government Gazette] declare buildings, artifacts, sculptures, paintings, photographs, or structures, streets, areas and precincts of historic or architectural or aesthetic or cultural or environmental significance and sites of scenic beauty, including but not restricted to, scared 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 as heritage or heritage site to be protected, and grade them as prescribed by the regulations, under this Act : Provided that such declaration is made after survey, research, documentation and grading of the heritage has been undertaken by the concerned authority.
- (2) Where the authority is of the opinion that it is necessary so to do, it may, from time to time, by notification in *[Government Gazette], and also by publication in leading newspapers, give thirty days notice of its intention to declare any building, artifacts, structures, streets, areas and precincts of historic or architectural or aesthetic or cultural or environmental significance and a natural feature of environmental significance and site of scenic beauty, including but not restricted to, scared 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. as heritage or heritage site from protection under this Act, for inviting objections or suggestions in writing from any person or the public or any organization and any such notification and newspaper publication shall be affixed in a conspicuous place near the site.
- (3) On expiry of the said period of thirty days, the authority may recommend to the Government for declaring any building, artifacts, structures, street, precinct, area, or natural features to heritage or heritage site, as the case may be, under sub-section (1).
- (4) A heritage site so declared shall be graded according to its heritage significance by the authority and the authority will also determine the scope for change in the heritage site, if so required.
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