Law of Crime in India

NIRMA UNIVERSITY

INSTITUTE OF LAW 

X SEMESTER

B.Com. LL.B. (HONS.)COURSE 

TERM ASSIGNMENT SUBMITTED ON

TOPIC: LAW RELATING TO PROTECTION AND PRESERVATION OF MONUMENTS AND HERITAGE PLACES.

IN THE COURSE OF

 LEGISLATIVE DRAFTING

PREPARED & SUBMITTED BY

PREETI SHARMA (11BBL106),

 APEKSHA TIWARI (11BBL119)

Protection (Preservation and Maintenance) of Heritage Monuments and Places Bill, 2016

(Bill No... of 2016)

An act to provide for the protection, preservation and maintenance of Heritage monuments and places by nominating such places which are of national interest.

PART I

PRELIMINARY

1. Short Title, Extent and Commencement – (1) This Bill may be called the Protection (Preservation and Maintenance) of Heritage Monuments and Places Bill, 2016.

(2) It extends to the whole of India including the State of Jammu and Kashmir.

(3) It shall come into force on such date as and when notified in the Official Gazette.

Saving.- Nothing herein contained shall affect, amend or repeal the provisions of any Statute, Act or Regulation.

2. Definitions- In this Bill, unless the context otherwise requires,-

     (a) “Authority” means the ‘Heritage and Protected Monuments Authority’ made under this Act for the protection, preservation and maintenance of heritage monuments working at the Central level.

        (b) “ Chairperson” means the head of the National Commission appointed by the Authority.

     (c)  “cultural heritage” Means any ancient monument or protected monument defined under this Act who have been given the title of “heritage” by the National or the State Government or by any authority made there under.

     (d) “heritage monument” means any ancient structure, erection, construction or monument, or any tumulus or place of interment, or any cave, rock-sculpture, anything encrypted or any block of stone, or any piece of land which is of historical or archaeological interest and which has been in existence for not less than 100 years and includes—

(i) Residue and remains of any historical monument;

(ii) Whereabouts or site of an historical monument;

(iii)such portion of land adjoining the site of an historical monument as may be required for fencing or covering in or otherwise preserving such monument;

(iv)the means of admission to, and expedient assessment of, an historical monument; and

(v)any other ancient monument declared by the State or the National Government or any authority made by it;

        (e) “historical site and remains” means any area which includes or believed to include remains or leftovers of any monument or any heritage, which are of historical importance and have been in existence for not less than one hundred years, and includes—

•        any such portion of land adjoining the area as may be required for fencing or covering in or otherwise preserving it, and

•        the means of admission to, and expedient assessment of the area;        

        (f) "maintenance", means with its syntactic varieties and related expressions, incorporates the fencing, covering in, repairing, restoring and purging of the protected monument, and the doing of any demonstration which might be vital with the end goal of safeguarding an ensured landmark or of securing helpful get to thereto;

        (g) “protected area” means any historical site, ancient monument and cultural monument or any remains which is declared to be of national importance by any authority under this Act;

        (h) “protected monument” means an ancient monument which is declared to be of national importance by any National or State Commission made under this Act or any other protected monument covered under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

     Provided that such monument is of historical importance and have been in existence for not less than one hundred years.

PART II

HERITAGE PLACES TO BE OF NATIONAL IMPORTANCE

3. Heritage places of national importance.-  Heritage places and monuments that are declared by the authority designated under this Act shall be deemed to be of national importance.

4. Power of Central Government to declare a monument of national importance.- (1) The Central government, may by notification, can notify any heritage place to be national importance which is not covered under the preceding section by giving two months notice to the public of such intention.

Provided that copy of such notice should be placed near the heritage places for the general public opinion.

(2) On the expiry of the period stated in sub section (1), the government, if any, after consider the opinion received; declare the said monument to be of national importance in Official Gazette.

PART III

PROTECTED MONUMENTS

5. Acquisition of rights in a protected monument.- (1) The Chairperson may, with the sanction of the Authority, purchase, or take a lease of, or accept a gift or bequest of, any protected monument.

(2) Where a protected monument is without an owner, the Chairperson may, by notification in the Official Gazette, assume the guardianship of the monument.

(3) The owner of any protected monument may, by written instrument, constitute the Chairperson the guardian of the monument. The Chairperson may, accept the guardianship of any such monument by the sanction of Authority.

(4) When the Chairperson has accepted the guardianship of a monument under sub-section (3), the provisions of this Act relating to agreements executed under section 6 shall apply to the written instrument executed under the said sub-section.

(6) Nothing in this section shall affect the use of any protected monument for customary religious observances.

6. Preservation of protected monument by agreement.- (1) The Collector, when so directed by the State Level Commission, shall propose to the owner of a protected monument to enter into an agreement with the Authority within a specified period for the maintenance of the monument as directed by the State Government.