Preparation, approval and sanction of heritage conservation plans

Preparation, approval and sanction of heritage conservation plans.

9.

1. (1) The Authority shall within such time as may be prescribed, prepare heritage conservation plans, in respect of heritage sites.
2. (2) The heritage conservation plan may propose or provide for all or any of the following matters namely: -
   • (a) regulation for preservation and administration of heritage sites;
   • (b) listing and grading of heritage sites;
   • (c) prescriptions for development control for conservation of heritage sites;
   • (d) specific design proposals in the case of heritage sites;
   • (e) specific urban design proposals in the case of heritage sites in order to preserve and protect the character of the area;
   • (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
   • (g) proposals on a case to case basis, for any relaxation of development control regulations necessary for the protection and enhancement of the heritage value of heritage sites: Provided that all such provision 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 precedence over the building bye laws and other planning and land revenue rules and regulation.
   • (h) such other matter as may be deemed necessary.
     • (i) Notwithstanding any provisions contained in this Act, Government may exempt acquisition of land or possession of the Living Heritage sites provided the same is vested with the Community or Society.
3. (3) After submission of the heritage conservation plans but not later than such date as may be prescribed, the Government through the State Cabinet 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 to 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. (4) The heritage conservation plan approved by the Government shall be published by the Government by notification in the Official Gazette and in leading newspaper for inviting suggestions or objections from the public. If objections and suggestion are received from the public within the period aforesaid, 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: