Meghalaya Heritage Act, 2012
No: 9 Dated: Apr, 04 2012
THE MEGHALAYA HERITAGE ACT, 2012
ACT NO. 9 OF 2012
An Act to provide for conservation and protection of heritage sites which shall include buildings, artefacts, structures, areas, streets and precincts of historic or cultural or environmental significance (heritage buildings and heritage precincts) and natural features of environmental significance and sites of scenic beauty and also to provide for conservation and protection of areas of environmental sensitivity.
Be it enacted by the Legislature of the State of Meghalaya in the Sixty-third Year of the Republic of India as follows -
1. Short title, extent and commencement:- (1) This Act may be called the Meghalaya Heritage Act, 2012.
(2) It extends to the whole State of Meghalaya.
(3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
2. Definitions:- In this Act, unless the context otherwise requires, -
(a) “Act” means the Meghalaya Heritage Act, 2012.
(b) “Authority” means the Meghalaya Heritage Authority constituted under Section 6;
(c) “conservation” means protection, preservation and restoration of heritage areas, heritage buildings and heritage precincts sites and shall include only such developmental activity that will enhance the heritage significance of the heritage within the framework of this Act;
(d) “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 or in the use of any building or land or change to heritage site including any material or structural change in or painting of any heritage building, or in a heritage precinct or on a listed natural fracture and includes demolition of any existing building, structure or erection or part of such building, structure or erection and reclamation, redevelopment and layout and sub-division of any land “to develop” shall be construed accordingly;
(e) “development right” means right to carry out development or to develop land or building or both and shall include the transferable development right in the form of right to utilise the floor area ratio of land utilisable either or the remainder of the land partially reserved for a public purpose or elsewhere, as may be provided in the heritage regulation as per the Master Plan;
(f) “floor area ratio” means the ratio derived by dividing the total covered area of all floors by the area of the plot;
(g) “Meghalaya” means the State of Meghalaya;
(h) “heritage areas” means those areas of archaeological or historic or architectural or aesthetic of scientific or environmental or cultural significance including natural features and sites of scenic beauty (hereinafter referred to as “ listed areas” or “heritage areas” which are included in a list(s) published by a notification in the Official Gazette, by the Authority from time to time;
(i) “heritage building” means and includes any building of one or more premises or any part thereof, of structure or artefact which requires conservation or preservation for historical or architectural or artistic or artisanry or aesthetic or culture or environmental or ecological purpose and includes such portion of land adjoining such building or part thereof as may be required for fencing or covering or in any manner preserving the historical or architectural or aesthetic or culture or environmental value of such building;
(j) “heritage precincts” means and includes spaces that require conservation or preservation for historical and architectural or aesthetics or cultural or environmental or ecological purpose and walls or other boundaries of a particular area or place or building which may enclose such space by and imaginary line drawn around it;
(k) “heritage sites” means those buildings, artefacts, structures, streets, area and precincts of historic of aesthete or architectural or cultural of environmental significance (hereinafter referred to as “listed buildings” or “heritage buildings” and listed precinct or “heritage precincts”) and those natural features of environmental significance and site and scenic beauty including but not instructed to, sacred groves, mountains, hills, hillocks, lakes, river and other water rides, bridle paths (hereinafter referred to as “listed natural fractures”) which are included in a list(s) published by notification in the Official Gazette, by the Authority from time to time;
(l) “listing” means archaeological or other systematic study or documentation of a heritage site to reveal its history and other special features and shall include the recording and analysis of artefacts, features and other material necessary for the purpose of determining the heritage value or environmental significance;
(m) “owner” includes-
(i) a joint owner invested with power of management on his own behalf and other joint owners and successors in title of any such owner; and
(ii) any manager or trustee exercising powers of management and the successor in office of any such manager or trustee;
(n) “prescribed” means prescribed by rules made under this Act;
(o) “regulations” means a regulations made by the Authority under section 18 of this Act by notification in the Official Gazette;
(p) “rules” means rules prescribed under this Act; and
(q) “section” means a section of this Act.