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Section 11: Development Control.

The Jammu and Kashmir Heritage Conservation and Preservation Act, 2010Union territory Act of Jammu and Kashmir · Act 15 of 2010

(1) After the date of preparation of the Heritage Conservation Plans by the authority under section 12, all licenses, building licenses, Planning permissions affecting Heritage objects/sites including the views and lines of sight of or from them shall be issued by the local planning authority, municipal body, local body or Collector/Director concerned only in conformity with the provisions of the heritage regulations made and the Heritage Conservation Plans approved, and on the advice of the authority or of the Heritage Conservation Committees constituted by the authority under this Act.

(2) Any relaxation of the existing laws/building bye-laws or incentives provided under a Heritage Conservation Plan or otherwise shall require the owner, lessee or power of attorney holder, as the case may be, to execute an undertaking agreeing to maintain the listed heritage object/building in good condition/ state of good repair and to preserve its heritage value with due maintenance and such owner, lessee or power of attorney holder, as the case may be, shall permit heritage inspections after due notice by the authority and shall duly implement the suggestions made in this regard.

(3) The owners, lessees and power of attorney holders of listed heritage objects/sites shall not carry out development on heritage objects/sites nor shall they demolish, alter, or add to them or undertake repairs thereof, without the prior permission of the authority or of the Heritage Conservation Committee constituted by the authority. Such permissions may be refused or granted, as the case may be, based on the findings of the inspections carried out by the authority or Municipal Commissioner or Collector or Director, as the case may be, or the Heritage Conservation Committee or any officer authorized by the authority.

(4) In case demolitions or major changes of a heritage object or building or a building in heritage precinct, or a major development on a listed natural feature is recommended under extraordinary circumstances or major repairs are to be undertaken as a result of the heritage inspections report, the authority or the Heritage Conservation Committee shall give thirty days notice in the newspapers calling for objections and suggestions from the public and take a decision after considering the objections and suggestions received, if any.

(5) If the authority or the Heritage Conservation Committee comes to the conclusion that a listed heritage object/site is not being maintained properly or that such site needs repair, the authority shall serve a notice on the owner, lessee or power of attorney holder, as the case may be, to maintain the heritage object/site properly or to repair the object/site within thirty days of the service of the notice and in the event of non-compliance, the authority or the Heritage Conservation Committee shall take such steps as to carry out the necessary repairs and recover the cost from such owner, lessee or power of attorney holder, as the case may be, and if the latter fails to make the payment, the amount shall be recoverable by the Government as arrears of land revenue.

(6) Conservation cells shall be created by the authority for the maintenance and restoration of all listed heritage object, buildings, heritage sites and heritage areas which shall be headed by a Chief Architect/Chief Conservationist with such specialization in architecture and conservation of artifacts as may be prescribed.

(7) Such Chief Architect/Chief Conservationist shall be supported by technical staff with prescribed qualifications and shall follow the prescribed and established guidelines for the conservation of such heritage objects/ buildings and sites.

Where this provision sits

ActThe Jammu and Kashmir Heritage Conservation and Preservation Act, 2010
Section11
Marginal noteDevelopment Control.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

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