TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 179
The Tamil Nadu Heritage Commission Act, 2012
Act 24 of 2012
An Act to constitute a Heritage Commission in the State and for
matters connected therewith and incidental thereto.
WHEREAS Tamil Nadu is known for its rich heritage and cultural properties
and it is needless to emphasise that these have to be preserved and protected
at all costs and for the posterity;
AND WHEREAS, it is necessary to protect the buildings or premises not
covered under the Ancient Monuments and Archaeological Sites and Remains
Act, 1958 (Central Act 24 of 1958) and the Tamil Nadu Ancient Monuments
and Archaeological Sites and Remains Act, 1966 (Tamil Nadu Act 25 of 1966);
AND WHEREAS, it is necessary to constitute a Statutory Authority to
advise in the matters relating to identification, restoration and preservation of
heritage building and in the matters relating to the development and engineering
operations which are likely to affect any heritage building;
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Sixty-third Year of the Republic of India as follows:—
CHAPTER-I
PRELIMINARY
1. (1).This Act may be called the Tamil Nadu Heritage Commission
Act, 2012.
(2). It shall come into force on such date as the Government may,
by notification, appoint.
2. In this Act, unless the context otherwise requires,—
(a) “building” includes any structure or erection or part of a structure
or erection which is intended to be used for residential, industrial, commercial,
cultural or other purposes whether in actual use or not;
(b) “building operations” includes rebuilding operations, structural
alterations of or additions to buildings or other operations normally undertaken
in connection with the construction of buildings;
(c) “Chairman” means the Chairman of the Commission;
(d) “Commission” means the Tamil Nadu Heritage Commission
constituted under section 3;
(e) “development” with its grammatical variations means the carrying
out of building, engineering, mining or other operations in or over or under land
or the making of any material change in any building or land, and includes
re-development;
(f) “engineering operations” includes the formation or laying out of
means of access to a road or the laying out of means of water supply or drainage;
(g) “Government” means the State Government;
(h) “heritage building” means any building or one or more premises
or any part thereof which requires preservation and conservation for historical,
architectural, environmental or cultural importance and includes such portion
of the land adjoining such building or any part thereof as may be required
for fencing or covering or otherwise preserving such building and also includes
the areas and buildings requiring preservation and conservation for the purposes
as aforesaid;
Short title and
commencement.
Definitions.
180 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(i) “local authority” means any municipal corporation or municipal
council or panchayat union council or village panchayat constituted or to be
constituted under the relevant law for the time being in force;
(j) “member” means a member of the Commission;
(k) “monuments of heritage importance” means any building, structure,
erection, monolith, monument, mound, tumulus, tomb, place of interment, cave,
sculpture, inscription on an immovable object or any part or remains thereof,
or any site, which the Government, by reason of its heritage association,
considers it necessary to protect against destruction, injury, alteration, mutilation,
defacement, removal, dispersion or falling in to decay;
(l) “notification” means a notification published in the Tamil Nadu
Government Gazette;
(m) “prescribed” means prescribed by rules made under this Act;
(n) “public amenity” includes road, water supply, street lighting,
drainage, sewerage, public works or such other convenience as the Government
may, by notification, in the Tamil Nadu Government Gazette, specify to be
a public amenity for the purposes of this Act;
(o) “regulation” means a regulation made by the Commission;
(p) “rules” means rules made by the Government under this Act.
CHAPTER-II
CONSTITUTION OF THE TAMIL NADU HERITAGE COMMISSION
3. (1) The Government shall, by notification, constitute a body to be known
as the Tamil Nadu Heritage Commission.
(2) The Commission shall be a body corporate having perpetual succession
and a common seal with power to acquire, hold and dispose of property and
to contract and shall, by the said name, sue or be sued.
4. (1) The Commission shall be chaired by an eminent person with concern
and commitment for Heritage Conservation to be nominated by the Government
and shall consist of not more than sixteen members, as follows:—
(a) the Secretary to Government in-charge of Tourism and Culture,
ex-officio;
(b) the Secretary to Government in-charge of Housing and Urban
Development, ex-officio;
(c) the Secretary to Government in-charge of Municipal Administration
and Water supply, ex-officio;
(d) the Secretary to Government in-charge of Rural Development and
Panchayat Raj, ex-officio;
(e) the Secretary to Government in-charge of Law Department,
ex-officio;
(f) The Commissioner of Museum, Chennai, ex-officio;
(g) the Superintending Archaeologist, Archaeological Survey of India,
Chennai circle, ex-officio;
(h) the Commissioner of Archaeology, Chennai, ex-officio;
(i) the Director, School of Architecture and Planning, Anna University,
ex-officio;
Constitution
of the
Commission.
Composition of
the
Commission.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 181
(j) the Director of Environment, ex-officio;
(k) the Chief Engineer (Buildings), Public Works Department, Chennai,
ex-officio;
(l) the Senior Architect from Public Works Department, Chennai,
ex-officio;
(m) one person nominated by the Government, who is conversant
with Archaeology;
(n) one representative form Indian National Trust for Art and Cultural
Heritage;
(o) one person nominated by the Government from any Non
Government Organisation involved in Heritage Management and cultural affairs;
(p) a nominee of the Institute of Town Planners (India), Tamil Nadu
Region;
(2) The Government shall, in consultation with the Commission, appoint
a Secretary of the Commission who shall hold office for such period as may
be prescribed:
Provided that the first appointment of the Secretary may be made
by the Government without consultation with the Commission.
(3) The terms and conditions of service of the Secretary shall be such
as may be prescribed.
5. A person shall be disqualified for being appointed as Chairman or as
a member of the Commission, if—
(a) he is of unsound mind;
(b) he is an applicant to be adjudicated as an insolvent or is an
undischarged insolvent;
(c) he has been sentenced for any offence involving moral turpitude,
punishable under any law with imprisonment, such sentence not having been
annulled and a period of five years has not elapsed from the date of expiration
of the sentence;
(d) he is a paid officer or employee of the Commission; or
(e) he incurs such other disqualifications as may be prescribed by
the Government.
6. (1) The Chairman and every member of the Commission shall hold office
for a term of three years and shall be eligible for re-appointment for a further
period of three years.
(2) The Chairman or the member may, at any time, by writing under
his hand addressed to the Government, resign from the office of Chairman or
member, as the case may be, but shall continue in office until his resignation
is accepted by the Government.
(3) The honorarium and allowances payable to, and the other terms
and conditions of service of, the Chairman and members shall be such as
may be prescribed.
Disqualification
for
members.
Term of office
and
conditions
of service
of the
Chairman
and
members.
182 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(4) Notwithstanding anything contained in sub-section (1), the Government
shall remove a person from the office of Chairman or any member, if that person-
(a) becomes an undischarged insolvent;
(b) is convicted and sentenced to imprisonment for an offence which,
in the opinion of the Government, involves moral turpitude;
(c) becomes of unsound mind and stands so declared by a competent
court;
(d) refuses to act or becomes incapable of acting;
(e) is, without obtaining leave of absence from the Commission,
absent from three consecutive meetings of the Commission;
(f) in the opinion of the Government, has so abused the position
of Chairman or member, as the case may be, as to render that person’s
continuance in office detrimental to the public interest:
Provided that no member shall be removed from office under this sub-section
until that member has been given a reasonable opportunity of being heard in
the matter.
(5) A vacancy caused under sub-section (2) or sub-section (5) or
otherwise shall be filled by fresh nomination by the Government and the person
so nominated shall hold office for the remainder of the term of office of the
person in whose vacancy such person has been nominated would have held
office, if the vacancy had not occurred:
Provided that if a vacancy of a member, other than that of the Chairman,
occurs within six months preceding the date on which the term of office of
the member expired, such vacancy shall not be filled in.
Explanation.—For the purpose of this section, “member” does not include
the ex-officio member and the “Secretary”.
7. The Commission shall meet, as often as may be necessary, at such
time and place and observe such rules of procedure as may be provided in
the regulations:
Provided that the Commission shall meet at least once in three months.
8. No act or proceeding of the Commission shall be questioned or shall
be invalid on the ground merely of the existence of any vacancy in, or defect
in the constitution of, the Commission, or any defect in the nomination of
a person acting as the Chairman or a member or any irregularity in the
procedure of the Coimmission, including in issuing of notice for holding of a
meeting, not affecting merits of the matter.
9. (1) The Commission may associate with itself in such manner and for
such purposes as may be determined by regulations, any person whose
assistance for advice it may desire.
(2) A person associated with for any purpose shall have a right to take
part in the discussions relevant to that purpose, but shall not have a right
to vote at a meeting of the Commission.
Mettings of the
Commission.
Vacancies
etc. not to
Invalildate
proceedings
of the
Commission.
Temporary
Association
of persons
with the
Commission
for
particular
purpose.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 183
10 (1) The 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 other employees of the Commission
shall be such as may be prescribed.
(3) The officers and employees referred to in sub-section (1) shall be
under the administrative control of the Chairman.
(4) All orders and decisions and other instruments of the Commission
shall be authenticated by the signature of the Secretary or any other officer
of the Commission duly authorized by it in this behalf.
CHAPTER-III
POWERS AND FUNCTIONS OF COMMISSION.
11. (1) Notwithstanding anything contained in any other law for the time
being in force, all local authorities shall refer anything related to identification,
restoration and preservation of any heritage building or any other development
or any engineering operation which is likely to affect preservation of any heritage
building for advice.
(2) Subject to the provisions of sub-section (1), the functions of the
Commission shall be,—
(a) to advise the Government on preparing a classification of buildings
in certain grades of heritage buildings after scrutinising applications and proposals
received, including supplementing the existing list of buildings as well as all
other matters relating to heritage conservation;
(b) to advise the Government on any alteration, modification or
relaxation of any law for the time being in force for development, control and
conservation of any heritage building;
(c) to advise Government whether to allow commercial or other use
of heritage buildings and if so, when to prohibit such use;
(d) to advise the Government on framing of special regulations for
such heritage buildings as may be listed by the Government;
(e) to advise the Government on guidelines to be adopted by private
parties who sponsor beautification schemes in this State;
(f) to advise the Government on the penal measures for defacing
or destroying a heritage building;
(g) to advise the Government and the local authorities on the making
of provision for restoration of heritage buildings;
(h) to advise the Government and the local authorities on
documentation of records of heritage buildings;
(i) to advise the Government on the steps to involve public opinion
in mobilisation of efforts for creating awareness, preserving or maintaining
heritage, and the consciousness of its visible architectural and natural evidences,
so as to foster the creation of a popular mandate for heritage preservation;
(j) to advise the local authorities, where necessary, on the policy
of the grant of any certificate of right of development of any heritage building;
(k) to advise the local authorities to regulate the installation of
advertisement and display structure in respect of heritage buildings;
Powers and
Functions
of the
Commission.
Officers and
other
employees
of the
Commission.
184 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(l) to advise the local authorities on the cost of repair of heritage
buildings and the policy to be adopted for raising repair-funds from private
sources;
(m) to advise the local authorities to prepare special designs and
guidelines for heritage buildings controlling the height and essential characteristics
and to suggest other aspects of conservation and restoration;
(n) to advise the local authorities on the provision of incentive by
exemption from payment of rates or taxes or fees for supply of water or any
other charge in respect of heritage buildings;
(o) to advise the Government on any other matter relating to restoration
or preservation of building of heritage importance as may be entrusted by the
Government to the Commission.
(3) Notwithstanding anything contained in any other law for the time
being in force, no local authority shall take any step for identification, preservation,
conservation or restoration of any heritage building, not consistent with the
determination or advice of Commission.
12. If any local authority is aggrieved by any advice of the Commission
in respect of any building operation, engineering operation or development
proposal referred to the Commission under sub-section (1) of section 11, such
local authority may, within sixty days from the date of advice by the Commission,
prefer an appeal to the State Government, and the State Government may pass
such order thereon as it deems fit.
13. (1) Nothing contained in this Act shall preclude the Government from
calling for and examining, on its own motion , if the Government consider it
necessary to do so in the public interest, any case of advice by the Commission
under sub-section (1) of section 11 and passing such order thereon as it
think fit:
Provided that no such order shall be made prejudicially affecting any
local authority, except after giving it an opportunity of making a representation
in the matter.
(2) The decision of the Government in an appeal under section 12 or
revision under this section shall be final and binding and shall not be questioned
in any court of law.
14. The Commission while inquiring into any matter under this Act shall
have the same powers as are vested in a Civil Court while trying a suit under
the Code of Civil Procedure, 1908, in respect of the following matters:—
(a) summoning and enforcing the attendance of any person and examining him;
(b) requiring discovery and production of any documents;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copies thereof from any office;
(e) any other matter which may be prescribed.
15. (1) Subject to the other provisions of this Act, the Government and every
local authority shall accept every advice of the Commission to the Government
or the local authority, as the case may be and shall take action for prompt
and effective implementation of such advise.
Appeal to
Government.
Revision.
Powers
relating to
inquiries.
State
Government
and local
authority to
accept, and
to take
action in
accordance
with the
advise of the
Commission.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 185
(2) The Government may for the purposes of sub-section (1) give such
directions to a local authority as it may deem fit and thereupon such local
authority shall act according to the directions as aforesaid.
CHAPTER-IV
FUND, ACCOUNTS AND AUDIT.
16. (1) The Government shall pay to the Commission by way of grants such
sums of money as the Government may think fit for being utilized for the
purposes of this Act.
(2) The Commission may spend such sums as it thinks fit for performing
the functions under this Act.
(3) The honorarium and allowances payable to the Chairman and members
and the administrative expenses, including salaries, allowances and pensions
payable to the Secretary and to the officers and other employees referred to
in section 10 shall be paid out of the grants referred to in sub-section (1).
17. (1) The Commission shall have its own fund, and all sums which may,
from time to time, be paid to it by the Government and all the receipts of
the Commission including any sum which the Central Government or any other
authority or person may handover to the Commission shall be credited to such
fund.
(2) All expenditure incurred by the Commission under, or for the purposes
of this Act shall be defrayed from out of the said fund and any surplus remaining,
after such expenditure has been met, shall be invested in such manner as
may be prescribed.
(3) All moneys in the fund shall be deposited in such bank, or invested
in such manner, as may subject to the approval of the State Government,
be decided by the Commission.
(4) The Commission may spend such sums as it thinks fit for performing
its functions under this Act, and such sums shall be treated as expenditure
payable out of the fund of the Commission.
18. The Commission shall prepare in such form and at such time as may
be prescribed, a budget in respect of the next financial year showing the
estimated receipt and expendiure and a copy of the budget shall be forwarded
to the Government.
19. (1) The accounts of the Commission shall be maintained in such manner
and in such form as may be prescribed. The Commission shall prepare an
annual statement of accounts in such form as may be prescribed.
(2) The accounts of the Commission shall be audited annually by such
auditor as the Government may appoint in this behalf.
(3) The auditor appointed under sub-section (2) shall, for the purposes
of audit, have such rights, privileges and authority as may be prescribed.
(4) The Secretary to the Commission shall cause the audit report to
be printed and forward a printed copy thereof, to each member and shall place
such report before the Commission for consideration at its next meeting.
(5) The Commission shall take appropriate action forthwith to remedy
any defect or irregularity that may be pointed out in the audit report.
Grants by the
Government.
Fund of the
Commission.
Budget of the
Commission.
Annual
accounts
and audit.
186 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(6) The accounts of the Commission as certified by the auditor together
with the audit report along with the remarks of the Commission thereon shall
be forwarded to the Government within such time as may be prescribed.
(7) The Government may, by order in writing, direct the Commission
to take such action as may be specified in the order to remedy, within such
time as may be specified therein, the defect, if any, disclosed in the Audit
report, and the Commission shall comply with such direction.
20. The Commission shall, as soon as may be, after the end of each
financial year, prepare and sumit to the Government, before such date and
in such form as may be precribed, an annual report giving an account of its
activities, during the previous year and the report shall also give an account
of the activities, if any, which are likely to be undertaken by the Commission
in the next financial year and the Government shall cause every such report
to be laid before the Legislative Assembly as soon as may be after its receipt.
21. The Commission shall furnish to the Government such returns or other
information with respect to its fund or activities as the Government, may, from
time to time require.
CHAPTER-V
MISCELLENEOUS
22. The Commission may, by general or special order, delegate to Chariman,
any member or officer of the Commission, subject to such conditions, as may
be specified in the order, any of its powers and functions as it may deem
necessary.
23. The Chairman, members, the Secretary and other employees of the
Commission shall be deemed, when acting or purporting to act in pursuance
of any of the provisions of this Act, or any rule or regulation or order or direction
made or issued under this Act, to be public servant within the meaning of
section 21 of the Indian Penal Code.
24. No suit, prosecution or other legal proceedings shall lie against any
member of the Commission or officer or other employee of the Commission
or any person acting under the direction of the Government or of the Commission,
in respect of anything which is done in good faith or intended to be done
in pursuance of this Act or any rule, regulation, order or direction made or
issued under this Act.
25. The provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any other law for the time being in force.
26. (1) The Government may make rules for carrying out all or any of the
purposes of this Act.
(2) In particular, and without prejedice to the generality of the foregoing
power, such rules may provide for all or any of the following matters, namely:—
(a) the salaries, if any, allowances and other terms and conditions
of service of members of the Commission;
(b) the terms and conditions of service of the Secretary of the
Commission;
(c) the matters in respect of which the Commission may tender
advice to the Government under clause (a) of sub-section (2) of section 11;
Annual report.
Returns and
information.
Delegations.
Members and
employees
of the
Commission
to be public
servants.
Protection of
action taken
in good
faith.
Act to
override
other laws.
Power to
make rules.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 187
(d) the form in which, and the time within which, the budget and
annual report of the Commission may be prepared and forwarded to the
Government;
(e) the form and the manner in which the accounts of the Commission
may be maintained, and the time at which, and the manner in which, such
accounts may be audited;
(f) the returns and information which the Commission may be
required to furnish to the Government.
(g) the conditions subject to which any building, building operation
or engineering operation designed as a result of an architectural competition
may be exempted;
(h) any other matter which may be or is required to be, prescribed
under this Act.
(3) (a) All rules made under this Act shall be published in the
Tamil Nadu Government Gazette and, unless they are expressed to come into
force on a particular day, shall come into force on the date on which they
are so published.
(b) All notification issued under this Act shall, unless they are
expressed to come into force on a particular day, shall come into force on
the date on which they are so published.
(4) Every rule made or notification or direction given or order issued
under this Act shall, as soon as possible, after it is made or given or issued,
be placed on the table of the Legislative Assembly and if, before the expiry
of the session in which it is so placed or the next session the Legislative
Assembly makes any modification in any such rule, notification, or order or
direction or the Legislative Assembly decides that the rule, notification, or order
should not be made on issued, the rule, notification, direction or order 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,
notification or order.
27. The Commission may, subject to any rules made by the Government
and with the previous approval of the Government may make regulations for
carrying out the powers and function of the Commission under this Act.
28. If any difficulty arises in giving effect to the provisions of this Act, the
Government may, by order, make such provision not inconsistent with the
provisions of this Act, as appears to them to be necessary or expedient for
removing the difficulty:
Provided that no such order shall be made after the expiry of two years
from the date of commencement of this Act.
Power to make regulations.
Power to
remove
difficulties.
(By order of the Governor)
G. JAYACHANDRAN,
Secretary to Government,
Law Department.
