National Commission for Heritage Sites Bill, 2009

Link to pdf file of National Commission for Heritage Sites Bill, 2009

THE NATIONAL COMMISSION FOR HERITAGE SITES BILL, 2009
A
BILL
to constitute a National Commission for Heritage Sites and provide for matters
connected therewith or incidental thereto.
WHEREAS decisions were taken at the United Nations Educational, Scientific and Cultural
Organisation Convention held in Paris in November, 1972, which India ratified in 1977, to
ensure effective and active measures for protection, conservation and presentation of the
cultural and natural heritage situated on the territory of each State Party;
AND WHEREAS it is considered necessary to implement the decisions to take appropriate
legal, scientific, technical, administrative and financial measures necessary for the
identification, protection, conservation, presentation and rehabilitation of cultural and natural
heritages.
BE it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:—
Bill No. VII of 2009
TO BE INTRODUCED IN THE RAJYA SABHA

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CHAPTER I
PRELIMINARY
1. (1) This Act may be called the National Commission for Heritage Sites Act, 2009.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,—
(a) “Chairperson” means the Chairperson of the Commission;
(b) “Commission” means the National Commission for Heritage Sites constituted
under section 4;
(c) “heritage site” means a cultural heritage site, a natural heritage site, a mixed
cultural and natural heritage site or a cultural landscape of outstanding value;
Explanation.—For the purposes of this clause,—
(i) “cultural heritage site” shall include,—
(A) monuments, that is to say, architectural works, works of
monumental sculpture and painting, elements or structures of an
archaeological nature, inscriptions, cave dwellings and combinations of
features which are of outstanding value from the point of view of history,
art or science;
(B) buildings, that is to say, separate or connected buildings which,
because of their architecture, homogeneity or place in the landscape, are
of outstanding value from the historical, aesthetic, ethnological or
anthropological point of view; and
(C) sites, that is to say, works of man including industrial or railway
heritage or the combined works of nature and man and areas including
archaeological sites which are of outstanding value from the historical,
aesthetic, ethnological or anthropological point of view;
(ii) “natural heritage site” shall include,—
(A) natural sites or precisely delineated natural areas which are of
outstanding value from the point of view of science, conservation or
natural beauty;
(B) geological and physiographical formations and precisely
delineated areas which constitute the habitat of threatened species of
animals and plants and are of outstanding value from the point of view of
science or conservation;
(C) natural features consisting of physical and biological
formations or groups of such formations, which are of outstanding value
from the aesthetic or scientific point of view;
(iii) “mixed cultural and natural heritage site” shall include properties
which satisfy a part of the attributes of both cultural heritage site and natural
heritage site;
(iv) “cultural landscape” includes cultural properties representing the
combined works of man and the nature and illustrative of the evolution of
human society and settlement over a time, under the influence of the physical
constraints and opportunities presented by their natural environment and of
successive social, economic and cultural forces, both external and internal;
(v) “outstanding value”, in relation to a heritage site, means its cultural or
natural significance which is so exceptional as to transcend the boundaries of
the place in which it is located and is of great importance for the present and
future generations of the country;
Short title and
commencement.
Definitions.

3
(d) “heritage sites roster” means the roster of heritage sites notified under
section 3;
(e) “member” means a member of the Commission and includes the Member-
Secretary;
(f) “notification” means a notification published in the Official Gazette and the
word “notify” shall be construed accordingly;
(g) “prescribed” means prescribed by rules made under this Act.
CHAPTER II
THE NATIONAL COMMISSION FOR HERITAGE SITES
3. The Central Government may, keeping in view the national importance of any heritage
sites, notify such heritage sites and enter the description of such sites in the heritage sites
roster maintained by the Commission.
4. (1) With effect from such date as the Central Government may, by notification,
appoint in this behalf, there shall be constituted for the purposes of this Act, a Commission
to be called the National Commission for Heritage Sites.
(2) The Commission shall be a body corporate by the name aforesaid, having perpetual
succession and a common seal, with the power to acquire, hold and dispose of property,
both movable and immovable, and to contract and shall by the said name sue and be sued.
5. The Commission shall consist of,—
(a) a Chairperson to be appointed by the Central Government from amongst
persons of ability, integrity and standing who,—
(i) have knowledge and experience of twenty-five years in archaeology
and history, architecture, conservation, science and technology, environmental
science, ecology, anthropology, sociology, town and country planning or public
administration; and
(ii) are committed to heritage conservation;
(b) seven members to be appointed by the Central Government from amongst
persons who have knowledge and experience of twenty years in archaeology and
history, architecture, conservation, science and technology, environmental science,
ecology, anthropology, sociology, town and country planning or public administration:
Provided that the Central Government shall, while appointing the members,
ensure that at least one member each is a person having knowledge and experience in
archaeology, conservation or ecology respectively.
(c) a Member-Secretary to be appointed by the Central Government from amongst
persons who is or has been, in the service of the Central Government or a State
Government, and has held the post of Secretary to the Government of India or an
equivalent post in the Central Government or State Government and has experience in
archaeology, conservation, environmental science, ecology or public administration.
6. (1) The Chairperson shall hold office for a term of five years from the date on which
he enters upon his office:
Provided that no person shall hold office as a Chairperson after he has attained the
age of sixty-five years.
Power of
Central
Government
to notify
heritage sites.
Constitution of
Commission.
Composition of
Commission.
Terms and
conditions of
service of
C h a i r p e r s o n
and members.

4
(2) A member shall hold office for a term of five years from the date on which he enters
upon his office and shall be eligible for reappointment for another term:
Provided that no person shall hold office as a member after he has attained the age of
sixty-five years.
(3)Before appointing any person as the Chairperson or a member, as the case may be,
the Central Government shall satisfy itself that the person does not have any such financial
or other interest as is likely to affect prejudicially his functions as such Chairperson or
member, as the case may be.
(4)An officer of the Central Government or State Government on his selection as the
Chairperson or a member, as the case may be, shall have to retire from service before joining
as such Chairperson or member, as the case may be.
(5) The Chairperson or a member, as the case may be, may relinquish his office by
giving in writing to the Central Government notice of not less than three months.
(6) The Central Government may remove from office the Chairperson or a member, as
the case may be, who—
(a) is, or at any time has been, adjudged as an insolvent; or
(b) has become physically or mentally incapable of acting as such Chairperson
or a member, as the case may be; or
(c) has been convicted of any offence which, in the opinion of the Central
Government, involves moral turpitude; or
(d) has acquired such financial or other interest as is likely to affect prejudicially
his functions as the Chairperson or a member, as the case may be; or
(e) has so abused his position as to render his continuation in office detrimental
to the public interest.
(7) No such Chairperson or member, as the case may be, shall be removed under
clause (d) or clause (e) of sub-section (6) unless he has been given a reasonable opportunity
of being heard in the matter.
7. If, for reasons other than temporary absence, any vacancy occurs in the office of the
Chairperson or a member, as the case may be, the Central Government shall appoint another
person in accordance with the provisions of this Act to fill the vacancy and the person so
appointed shall hold office for the remainder of the office of the person in whose place such
person is so appointed.
8. The salary and allowances payable to and other terms and conditions of service of
the Chairperson or a member, as the case may be, shall be such as may be prescribed.
9. No act or proceeding of the Commission shall be questioned on the ground merely
of the existence of any vacancy or defect in the constitution of the Commission or any defect
in the appointment of a person acting as the Chairperson or a member, as the case may be.
10. The Commission may, for efficient discharge of its functions, constitute such
Committees, consisting of such number of persons and in such manner as may be prescribed.
Filling up of
Vacancies.
Salary,
allowances
and other
terms and
conditions of
service of
Chairperson
and members.
Vacancies, etc.,
not to
invalidate
proceedings of
Commission.
Constitution
of
Committees.

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11. (1) The Commission may associate with itself, in such manner and for such
purposes as may be prescribed, any person whose assistance or advice it may desire in
carrying out any of the provisions of this Act.
(2) A person associated with it by the Commission under sub-section (1) for any
purpose shall have a right to take part in discussions relevant to that purpose, but shall not
have a right to vote at a meeting of the Commission, and shall not be a member for any other
purpose.
(3) The person so associated shall be entitled to such allowance for attending the
meeting as may be prescribed.
12. The Chairperson shall have powers of general superintendence and directions in
the conduct of the affairs of the Commission and he shall, in addition to presiding over the
meetings of the Commission, exercise and discharge such powers and functions of the
Commission as may be prescribed.
13. (1) Subject to the control of the Chairperson, the Member-Secretary shall exercise
and perform such powers and duties as may be prescribed or as may be specified by the
Chairperson.
(2) All orders and decisions of the Commission shall be authenticated by the Member-
Secretary.
14. (1) The Commission shall meet as and when necessary at such time as the
Chairperson may think fit.
(2) The Commission shall regulate its own procedure.
15. (1) The Central Government shall provide the Commission with such officers and
employees as may be necessary for the efficient performance of the functions of the
Commission under this Act.
(2) The salaries and allowances payable to, and the other terms and conditions of
service of, the officers and employees appointed for the purpose of the Commission shall
be such as may be prescribed.
CHAPTER III
FUNCTIONS OF THE COMMISSION
16. The Commission shall perform the following functions, namely:—
(a) recommend to the Central Government or State Government on short and
long term policies in respect of conservation, protection and management of heritage
sites;
(b) lay down standards for development of scientific and technical institutions
and courses offered by them for preservation and presentation of heritage sites;
(c) formulate guidelines for conservation and management of heritage sites;
(d) conduct studies and research for identification and categorisation of heritage
sites;
(e) identify and recommend to the Central Government and State Government
suitable measures and methods for conserving and integrating intangible cultural
systems with the conservation and management of the heritage sites;
(f) publish periodically heritage maps prepared on the basis of the results of
studies and research;
T e m p o r a r y
association of
persons with
Commission
for particular
purpose.
Powers of
Chairperson.
Powers of
Member-
Secretary.
Procedure to
be regulated by
Commission.
Officers and
employees of
Commission.
Functions of
Commission.

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(g) make a list of heritage sites for nomination to the World Heritage Sites list of
United Nations Educational, Scientific and Cultural Organisation;
(h) make recommendations to the Central Government or State Government on
any matter relating to heritage as may be referred to it by that Government;
(i) make periodical reports to the Central Government on any matter relating to
heritage sites; and
(j) maintain the heritage sites roster containing the description of the heritage
sites notified under section 3 in such manner as may be prescribed.
17. (1) The Commission may issue directions to any person who is the owner of, or
has, in his possession or control, any heritage site to provide access to such site for the
purpose of its maintenance and preservation or to desist from doing any act, which in the
opinion of the commission is likely to endanger, damage or destroy such site, and the
person against whom direction is issued shall comply with the direction so issued.
(2) Any person who fails to comply with the directions issued by the Commission
under sub-section (1) shall be punishable with fine which may extend to ten lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a fine
exceeding ten lakh rupees.
(3) The Commission shall authorise a person not below the rank of the Under Secretary
to the Government of India to file a complaint in the court for contravention of the provisions
of this section.
(4) No court shall take cognizance of a complaint made under this section unless it is
made in writing by the person so authorised under sub-section (3).
CHAPTER IV
FINANCE, ACCOUNTS AND AUDIT
18. (1) The Central Government may, after due appropriation made by Parliament by
law in this behalf, make to the Commission grants of such sums of money as the Central
Government may think fit for being utilised for the purposes of this Act.
(2) The salaries, allowances and other remuneration of the Chairperson, members and
other officers and employees shall be met out of the grants.
19. The Commission shall prepare once every year, in such form and within such time
as may be prescribed, an annual report giving a true and full account of its activities during
the previous year, and copies thereof shall be forwarded to the Central Government, and the
Central Government shall cause every such report to be laid before each House of Parliament.
20. (1) The Commission shall maintain proper accounts and other relevant records
and prepare an annual statement of accounts in such form as may be prescribed by the
Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Commission be audited by the Comptroller and Auditor-
General of India at such intervals as may be specified by him and any expenditure incurred
in connection with such audit shall be payable by the Commission to the Comptroller and
Auditor-General.
(3) The Comptroller and Auditor-General of India and any other person appointed by
him in connection with the audit of the accounts of the Commission shall have the same
rights and privileges and authority in connection with such audit as the Comptroller and
Auditor-General generally has in connection with the audit of the Government accounts
and, in particular, shall have the right to demand the production of books of account,
Power of
Commission
to issue
directions.
Grants by
Central
Government.
Annual report.
Accounts and
audit.

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connected vouchers and other documents and papers and to inspect the office of the
Commission.
(4) The accounts of the Commission as certified by the Comptroller and Auditor-
General of India or any person appointed in this behalf together with the audit report
thereon shall be forwarded annually to the Central Government and that Government shall
cause the same to be laid before each House of Parliament.
CHAPTER V
MISCELLANEOUS
21. (1) Without prejudice to the forgoing provisions of this Act, the Commission shall,
in exercise of its powers or the performance of its functions under this Act, be bound by such
directions on questions of policy, other than those relating to technical and administrative
matters, as the Central Government may give in writing to it from time to time:
Provided that the Commission shall, as far as practicable, be given an opportunity to
express its views before any direction is given under this sub-section.
(2) The decision of the Central Government, whether a question is one of policy or not,
shall be final.
22. The Chairperson, members, officers and other employees of the Commission
shall, when acting or purporting to act in pursuance of any of the provisions of this Act, be
deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
23. No suit or legal proceeding shall lie against the Chairperson, members or officers of
the Commission in respect of anything which is in good faith done or intended to be done in
pursuance of the Act.
24. (1) The Central Government may, by notification, make rules for carrying out the
purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:—
(a) the salaries and allowances payable to, and the other terms and conditions
of service of, the Chairperson and members under section 8;
(b) the constitution of Committees under section 10;
(c) the manner and the purposes for which the Commission may associate any
person for assistance or advice under sub-section (1) of section 11;
(d) the allowances payable to the associated persons for attending the meeting
under sub-section (3) of section 11;
(e) the powers and functions of the Chairperson under section 12;
(f) the powers and duties of the Member-Secretary under section 13;
(g) the salaries and allowances payable to, and the other terms and conditions
of service of, the officers and employees under sub-section (2) of section 15;
(h) the manner of maintaining heritage site roster under clause (j) of section 16;
(i) the form and the time for preparation of annual report under section 19; and
(j) the form of annual statement of accounts under section 20.
Power of
Central
Government
to issue
directions.
45 of 1860.
Chairperson,
members,
officers and
other
employees of
Commission
to be public
servants.
Protection of
action taken in
good faith.
Power to make
rules.

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(3) Every rule made under this Act shall be laid, as soon as may be after it is made,
before each House of Parliament, while it is in session, for a total period of thirty days which
may be comprised in one session or two or more successive sessions, and if, before the
expiry of the session immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such modified form or be of
no effect, as the case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.

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STATEMENT OF OBJECTS AND REASONS
Heritage Sites are cultural assets of immense value which provide identity to the
community and the society and link its past to the future. Preservation and protection of
heritage sites is, therefore, an exceptional necessity. In order to ensure that the International
community pursues this objective, the United Nations Educational, Scientific and Cultural
Organisation adopted the World Heritage Convention in its General Conference on 16th
November, 1972. India has ratified this convention on 14th November, 1977. Article 5 of this
Convention, inter alia, casts certain obligations on each State Party to ensure that effective
and active measures are taken for the protection, conservation and presentation of the
cultural and natural heritage Sites situated on its territory and to take the appropriate legal,
scientific, technical, administrative and financial measures necessary for the identification,
protection, conservation, presentation and rehabilitation of heritages.
The Ancient Monuments and Archeological Sites and Remains Act, 1958 enacted by
Parliament and various similar legislations enacted by State Legislatures for the purpose of
protection and preservation of heritage sites do not fully meet obligations cast by the
World Heritage Convention 1972.
In fact, the said Ancient Monuments and Archeological Sites and Remains Act
empowers the Central Government to declare only such ancient monuments, archaeological
sites and remains which are in existence for not less then one hundred years to be of
national importance. The Archaeological Survey of India has brought about 3675 monuments
and sites under the purview of the said Act for protection. However, these numbers
constitute a very small fraction of the total number of ancient and heritage monuments in
the country, the numbers of which run into lakhs. Moreover, the present legislation does
not extend to modern architectures of heritage value. As such a large number of heritage
monuments both historical as well as contemporary fall outside the ambit of the said Act.
Similarly, various Central and State legislations for conservation and protection of
forests and environment cover a small fraction of the total number of natural heritages. The
concept of cultural and natural heritage and the scope for their preservation and protection
is very narrow and limited in the existing legislations as compared to the conceptual framework
in which the World Heritage Centre of UNESCO considers proposals for inscription as
World Heritage Sites which is much wider as it encompasses various facets of heritages
including cultural (ancient as well as modern) and natural heritages. These aspects are not
provided in our legislations relating to archaeology, forest and environment.
Besides, various legislations enacted by State Legislatures have adopted different
practices for preservation of cultural as well as natural heritages which are at variance with
not only each other but also with the central legislations. As such, there is no uniformity
with regard to legislative measures as well as actual practices for protection and conservation
of built heritage.
Thus, there is a need to provide for an institutional mechanism under a central
legislation which would take a holistic view of protection and preservation of heritage sites
in the broadest possible conceptual framework, provide for a uniform legislative framework
and practices in the area, encompass the entire universe of heritage sites in one way or the
other including those which, at present, are outside the scope of existing legislations and
thus fulfil our obligations under the UNESCO’s World Heritage Convention of 1972.
Accordingly, it is proposed to provide for the following matters, namely:—
(i) to empower the Central Government to notify heritage sites for being entered
in the Heritage Sites Roster maintained by the Commission;

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(ii) constitution of the National Commission for Heritage Sites consisting of a
Chairperson, seven members and a Member-Secretary;
(iii) functions of the National Commission of Heritage Sites;
(iv) power of the Commission to issue directions;
(v) imposition of fine of ten lakh rupees for contravention of directions so
issued; and
(iv) power of the Central Government to issue directions.
The Bill seeks to achieve the above objects.
NEW DELHI; AMBIKA SONI.

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The 21st February, 2009.
FINANCIAL MEMORANDUM
Sub-clause (1) of clause 4 of the Bill provides for setting up of a National Commission
for Heritage Sites.
Clause 8 provides for the salary, allowances and other terms and conditions of service
of Chairperson and members of the Commission.
Sub-clause (3) of clause 11 provides for payment of allowances to persons who are
temporarily associated with the Commission for a particular purpose.
Sub-clause (2) of clause 15 provides for salaries, allowances and other terms and
conditions of service of officers and employees of the Commission.
The expenditure on account of salary and allowances of the Chairperson, members,
Member-Secretary and other expenses in connection with the working of the Commission
are required to be borne from the Consolidated Fund of India.
Recurring expenditure on the constitution of the Commission and other expenses,
which may have to be borne as grant-in-aid to be paid by the Ministry of Culture, is
expected to be approximately rupees sixteen crore and two lakhs per annum.
The Bill does not involve any other expenditure of a recurring or non-recurring nature.

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MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 3 of the Bill empowers the Central Government to notify the heritage sites,
keeping in view its national importance and to enter the description of such sites in the
Heritage Sites Roster.
Clause 8 of the Bill empowers the Central Government to make rules to provide for the
salaries and allowances payable to, and the other terms and conditions of service of, the
Chairperson and members.
Clause 10 of the Bill empowers the Central Government to make rules to provide for
the constitution of Committees and the number of persons who shall constitute the
committee.
Sub-clause (1) of clause 11 of the Bill empowers the Central Government to make rules
to provide for the manner and the purposes for which the Commission may associate any
person for assistance or advice. Sub-clause (3) thereof empowers the Central Government
to provide for the allowances payable to such associated persons.
Clause 12 of the Bill empowers the Central Government to make rules to provide for
the powers and functions of the Chairperson.
Clause 13 of the Bill empowers the Central Government to make rules to provide for
the powers and duties of the Member-Secretary.
Sub-clause (2) of clause 15 of the Bill empowers the Central Government to make rules
to provide for the salaries and allowances payable to, and the other terms and conditions of
service of, the officers and employees.
Sub-clause (j) of Clause 16 of the Bill empowers the Central Government to make rules
to provide for the manner of maintaining Heritage Site Roster.
Clause 19 of the Bill empowers the Central Government to make rules to provide for
the form and the time for preparation of annual report.
Clause 20 of the Bill empowers the Central Government to make rules to provide for
the form of annual statement of accounts.
The matters in respect of which the said rules may be made or notification issued are
matters of procedure and administrative detail, and as such, it is not practicable to provide
for them in the proposed Bill itself.
The delegation of legislative power is, therefore, of a normal character.

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RAJYA SABHA
————
A
BILL
to constitute a National Commission for Heritage Sites and provide for matters connected
therewith or incidental thereto.
————
(Smt. Ambika Soni, Minister of Tourism and Culture)
GMGIPMRND—1055RS(S5)—23-02-2009.

Link to pdf file of National Commission for Heritage Sites Bill, 2009