(1) The State Government may, by notification, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters:—
(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 State Government under clause (i) of subsection (2) of section 11;
(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 State Government;
45 of 1860.
90 The West Bengal Heritage Commission Act, 2001.
IX of 2001.]
(Chapter V.—Miscellaneous.—Sections 27, 28.)
(e) the form and 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 State 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.
(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the State Legislature agrees in making any modification in the rule, or the State Legislature agrees that the rule should not be made, the rule 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.
27. The Commission may, with the previous approval of the State Government, by notification, make regulations consistent with this Act and the rules made thereunder for—
(a) regulating the meetings of the Commission and the procedure for conducting business thereat;
(b) regulating the manner in which, and the purposes for which, persons may be associated with the Commission under section 8;
(c) determining the terms and conditions of service of persons appointed by the Commission under sub-section (3) of section 9;
(d) any other matter which has to be, or may be prescribed by regulations.
28. If any difficulty arises in giving effect to the provisions of this Act, the State Government may make such order, or do such thing, not inconsistent with the provisions of this Act, as appears to the State Government to be necessary or expedient for removing the difficulty:
Power to make regulations.
Power to make order for removing difficulty.
91 Act to have overriding effect.
The West Bengal Heritage Commission Act, 2001.
[West Ben. Act IX of 2001.1 (Chapter V.—Miscellaneous.—Section 29.)
Provided that no such order shall be made after the expiry of a period of two years from the date of publication of this Act in the Official Gazette.
29. The provisions of this Act shall have effect notwithstanding anything contained in any other law for the time being in force, providing for heritage buildings.
Statement of Objects and Reasons on the West Bengal Heritage Commission Bill, 2001 (Bill No. 11 of 2001).
STATEMENT OF OBJECTS AND REASONS.
The Government of West Bengal set up a Heritage Committee under the chairmanship of Prof. Barun De to consider and recommend measures for providing effective and efficient arrangement for identification and preservation of all heritage buildings, monuments, precincts, etc. in the State of West Bengal. The said Committee submitted their report with the recommendation that a Heritage Commission Act should be enacted to provide for the establishment of a Heritage Commission in the State of West Bengal with the objective of identifying heritage buildings, monuments, precincts, sites, etc. and for recommending measures for their restoration and preservation.
2. On the recommendation of the said Committee, Government of West Bengal has now decided to establish a Heritage Commission for the purpose mentioned above and to empower the State Government and the local authorities to implement the advice and recommendations of the Commission.
3. The Bill has been framed with the above object in view.
KOLKATA, The 5th February, 2001. BUDDHADEB BHATTACHARJEE, Member-in-charge.
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