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Section 10: Control of developments

The Meghalaya Heritage Act, 2012 (Act No. 9 of 2012)State Act of Meghalaya · Act 9 of 2012

(1) After the date of preparation of the heritage conservation plans by the Authority under Section 9, all planning permissions and building licences affecting heritage sites including the views and lines of sight of or from it shall be issued by the Authority only in conformity with the provisions of the heritage regulations made and the heritage conservation plans approved.

(2) Any relaxation of the 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 a signed affidavit agreeing to maintain the listed heritage building in a 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 sites shall not carry out development on heritage sites nor shall they demolish, alter , or add to it or undertake repairs thereof, without the prior permission of the Authority. Such permission may be refused or granted as the case may be, based on the findings of the inspections carried out by the Authority or any officer authorized by the Authority.

(4) In case demolition or major damages of a heritage building or a building in a heritage precinct, or a major development or a listed natural feature is recommended under extraordinary circumstances or major rep air are to be undertaken as a result of the heritage inspection report, the Authority shall give thirty days notice in the newspapers calling for objections and suggestion from the public and take a decision after considering the objection and suggestion received if any.

(5) When the Authority comes to the conclusion that a listed heritage site is not being maintained properly or that such site needs repairs, the Authority shall serve a notice on the owner lessee or power of attorney holder, as the case may be, to maintain the heritage properly or to repair the site within thirty days of the service of the notice and 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) A Conservation Cell shall be created by the Authority for the maintenance and restoration of all listed heritage buildings, heritage sites and heritage areas which shall be headed by a chief architect with such specialisation in conservation architecture as may be prescribed.

(7) Such chief architect shall be supported by technical staff with prescribed qualifications and shall follow the prescribed and established guidelines for the conservation of such buildings and sites.

Where this provision sits

ActThe Meghalaya Heritage Act, 2012 (Act No. 9 of 2012)
Section10
Marginal noteControl of developments
JurisdictionState of Meghalaya
StatusIn force as published by the source

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