 the intangible cultural heritage (protection, preservation and promotion) bill, 2015 byshri baijayant panda, mp arrangement of clauses chapter i preliminary clauses1 short title, extent and commencement 2 definitions3 establishment of the national commission for intangible cultural heritage 4 composition of the national commission for intangible cultural heritage 5 terms and conditions of service of the chairperson and members of the nationalcommission6 no act or proceeding of a commission to be questioned on the ground of vacancy ordefect in the constitution of commission7 national commission may constitute committees for efficient discharge of its functions 8 national commission may call for assistance or advice of any person 9 chairperson to have powers of general superintendance and direction in the conduct ofthe affairs of the national commission10 meetings of the national commission 11 officers and staff of the national commission12 functions of the national commission chapter iv state commissions for intangible cultural heritage13 establishment of the state commissions for intangible cultural heritage 14 composition of the state commission 15 terms and conditions of service of the chairperson and members of the statecommission16 no act or proceeding of a state commission to be questioned on the ground of vacancyor defect in the constitution of commission17 state commission may constitute committees for efficient discharge of its functions 18 state commission may call for assistance or advice of any person 19 chairperson to have powers of general superintendence and direction in the conduct ofthe affairs of the state commission20 meetings of the state commission 21 officers and staff of the state commission22 functions of the state commission chapter vi finance, accounts and audit23 central government to grant funds to the commissions chapter vii miscellaneous24 commission to work under the direction of the appropriate government 25 chairperson and members of the commission deemed to be public servants 26 protection of action taken in good faith 27 power to make rules bill no 7 of  2015 the intangible cultural heritage (protection, preservation and promotion) bill, 2015 by shri baijayant panda, mp a billto provide for the protection, preservation and promotion of various forms of intangible cultural heritage in the country and for matters connected therewith or incidental theretowhereas in 2005 india ratified the united nations educational, scientific and cultural organization (unesco) convention for 'safeguarding of the intangible cultural heritage' to ensure effective measures for protecting and preserving intangible cultural heritage for its stakeholders ie the performers, artisans and the local communityand whereas it is expedient to make provisions for giving effect to the said convention to ensure the safeguarding of different forms of intangible cultural heritage of indiabe it enacted by parliament in the sixty-sixth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the intangible cultural heritage (protection, preservation and promotion) act, 20155short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force on such date as the central government may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,10(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(b) "bearers of intangible cultural heritage" means any individual or group that directly or indirectly preserves intangible cultural heritage and contributes to its creation, use, dissemination and transmission;15(c) "culture" means any manifestation or pattern of behaviour and interactions among people, including knowledge, belief, art, morals, custom, language, music and other capabilities acquired by virtue of being a member of society and transmitted through generations;20(d) "intangible cultural heritage" means any act or practice, representation, expression, knowledge, skill—as well as the instrument, object and artefact associated therewith—that communities, groups and, in some cases, individuals recognize as part of their cultural heritage and includes the following:—(i) oral traditions and expressions, including language as a vehicle of the intangible cultural heritage;| (   | ii   | ) performing arts;                              ||-----|------|-------------------------------------------------|| 25  |      |                                                 || (   | iii  | ) social practices, rituals and festive events; |(iv) traditional craftsmanship;but does not include any practice, rituals or ceremony which goes against the basic principles of human life or violates fundamental rights of an individual;30(e) "national commission" means the national commission for intangible cultural heritage constituted under section 3;(f) "performing art" means an art form or skill in which an artiste uses his body or voice to convey artistic expression before an audience and includes art form such as dance, music, theatre, circus and magic;(g) "prescribed" means prescribed by rules made under this act;35(h) "regulation" means regulation made by the national commission for intangible cultural heritage or any state commission for intangible cultural heritage, as the case may be, under this act; and40(i) "state commission" means the state commission for intangible cultural heritage constituted under section 133 (1) the central government shall, by notification in the official gazette, constitute a national commission for intangible cultural heritage, to exercise the powers conferred on, and to perform the functions assigned to it, under this act5constitution of national commission for intangible cultural heritage(2) the national commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with the power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued(3) the head office of the national commission shall be at new delhi10(4) the national commission may, with the prior approval of the central government, establish its offices at any place in india4 the national commission shall consist of—(i) a chairperson, who,—composition of the national commission15(a) is a person of eminence and a nationally or internationally recognized expert in the domain of culture; and(b) has done outstanding work for the protection, preservation and promotion of intangible cultural heritage; and (ii) six other members, from amongst the eminent persons of ability, integrity and standing who,—20(a) have knowledge of different cultural practices in india and have extensive experience of working with bearers of intangible cultural heritage in india;(b) are nationally or internationally recognized experts in the domain of culture;and25(c) are committed to the protection, preservation and promotion of intangible cultural heritage; to be appointed by the central government305 (1) the chairperson and every member of the national commission shall hold office as such for a term of three years from the date on which he assumes office and shall be eligible for re-appointment:provided that the chairperson or a member shall not hold the office after attaining the age of sixty-five years:terms and conditions of service of the chairperson and members of the national commissionprovided further that the chairperson or a member shall not hold the office for more than two terms35(2) notwithstanding anything contained in sub-section (1), the chairperson or a member may—(a) relinquish his office, by giving in writing to the central government, a notice of not less than three months; or40(b) be removed from his office in accordance with the provisions of sub-section (5) (3) the chairperson or a member shall not hold any other office during the period of his holding office in the national commission45(4) the salary and allowances payable to, and the other terms and conditions of service of, the chairperson and the members shall be such as may be prescribed by the central government:provided that the salary and allowances and the other terms and conditions of service of the chairperson or a member, as the case may be, shall not be varied to his disadvantage after his appointment5(5) the cental  government may, by order, remove from office the chairperson, or a member, if the chairperson, or, as the case may be, the member,—| (                                                                    | a   | ) becomes physically or mentally incapable or acting as the chairperson, or, as      ||----------------------------------------------------------------------|-----|--------------------------------------------------------------------------------------|| the case may be, a member;                                           |     |                                                                                      || (                                                                    | b   | )                                                                                    || involves moral turpitude;                                            |     |                                                                                      || 10                                                                   |     |                                                                                      || (                                                                    | c   | ) acquires such financial or other interest as is likely to affect prejudicially his || functions as the chairperson or, as the case may be, a member; or    |     |                                                                                      || (                                                                    | d   | ) has, in the opinion of the central government, so abused his position as to        || render his continuance in office detrimental to the public interest |     |                                                                                      || 15                                                                   |     |                                                                                      |(6) the chairperson, or a member, shall not be removed under clause (c) or clause (d)of sub-section (5), unless he is provided reasons in writing and has been given a reasonable opportunity of being heard in the matter206 no act or proceeding of the national commission shall be questioned on the ground merely of the existence of any vacany or defect in the constitution of the commission or appointment of a person as the chairperson or a member of the commission, as the case may beno act or proceeding of the national commission to be questioned on the ground of vacancy or defect in the constitution of commission7 the national commission may, for efficient discharge of its functions, constitute committees, consisting of such number of persons and in such manner, as may be prescribed by the central governmentnational commission may constitute committees for efficient discharge of its functions258 (1) the national commission may associate with itself, in such manner and for such purposes as may be prescribed by the central government, any person whose assistance or advice it may desire in carrying out any of the purposes of this actnational commission may call for assistance or advice of any person(2) a person associated with national commission under sub-section (1) for any purpose shall have a right to take part in discussions relevant to that purpose, but shall not have a right to vote at a meeting of the commission, and shall not be a member for any other purpose30(3) the person so associated shall be entitled to such allowance for attending the meeting as may be prescribed by the central government359 the chairperson of the national commission shall have powers of general superintendence and direction in the conduct of the affairs of the national commission and he shall, in addition to presiding over the meetings of the national commission, exercise and discharge such powers and functions as may be prescribed by the central governmentchairperson to have powers of general superintendence and direction in the conduct of the affairs of the national commission10 (1) the national commission shall meet as and when necessary at such place as its chairperson may think fitmeetings of the national commission(2) the national commission shall regulate its own procedure (3) the national commission shall have the autonomy to allocate and expend the funds on the functions assigned to it under this act511 (1) the national commission may, with the approval of the central government, determine the number, nature and categories of officers and employees required by it in the discharge of its functionsofficers and staff of the national commission10(2) the salary 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 specified by regulations by the national commission with the approval of the central government1512 (1) the national commission shall serve as the apex  body responsible for protection, preservation and promotion of intangible cultural heritage of indiafunctions of the national commission(2) the national commission shall perform the following functions, namely:—(a) make recommendations to the central government on short term and long term policies in respect of protection, preservation and promotion of intangible cultural heritage of india;20(b) determine the eligibility criteria to be adopted by the state commissions for the evaluation of the forms of intangible cultural heritage in their respective states;25(c) compile and revise, on a periodic basis, a comprehensive list of the various forms of intangible cultural heritage of india on the basis of the recommendations of the state commissions;(d) identify the forms of intangible cultural heritage which are in need of urgent safeguarding, on the basis of the recommendations of the state commissions;30(e) collate and maintain a central repository of research and documentation of the various forms of intangible cultural heritage, as compiled by the state commissions, and ensure that this research and documentation is easily accessible to the general public;(f) ensure international cooperation and prepare nomination dossiers for matters related to intangible cultural heritage for the united nations educational, scientific and cultural organization and other such international organizations for india's submissions to these organizations;35(g) make recommendations on the basis of the inputs received from the state commissions to the central government on the budgetary support required to implement programmes for the protection, preservation and promotion of the forms indentified under clauses (c) and (d);(h) review and monitor the working of each state commission;4045(i) submit an annual report to the central government, in such form and withinsuch time as may be prescribed by the central government, giving a true and full account of its activities during the previous year and its comments on the working of each state commission, and the central government shall cause every such report to be laid before each house of parliament;(j) assist the state commissions in undertaking activities for the protection, preservation and promotion of the various forms of intangible cultural heritage in their respective states;(k) ensure coordination and sharing of best practices among state commissions;5(l) perform all functions assigned to the state commissions under section 22with respect to the union territories in india;(m) undertake following measures to promote india's intangible cultural heritage both within and outside india—| (                                                                                    | i   | ) disseminating information through media or other publications;            ||--------------------------------------------------------------------------------------|-----|-----------------------------------------------------------------------------|| 10                                                                                   |     |                                                                             || (                                                                                    | ii  | ) recognizing leading artists and their contribution to intangible cultural || heritage;                                                                            |     |                                                                             || (                                                                                    | iii | ) supporting artists and organizations working in the domain of             || intangible cultural heritage, through scholarships, grants, loans or other such      |     |                                                                             || financial support;                                                                   |     |                                                                             || 15                                                                                   |     |                                                                             || (                                                                                    | iv  | ) establishing and developing educational and cultural institutions such    || as research centres, museums, libraries, archives, workshops as well as other        |     |                                                                             || infrastructure for the protection, preservation and promotion of intangible cultural |     |                                                                             || heritage;                                                                            |     |                                                                             || (                                                                                    | v   | ) recommending changes in school curricula for promoting a better           || understanding of india's intangible cultural heritage among students;                |     |                                                                             || 20                                                                                   |     |                                                                             |(vi) organizing art festivals, performances or other such screenings;(n) undertake such other measures as the national commission may deem appropriate; and(o) such other functions as may be prescribed by the central government25 chapter iv state commissions for intangible cultural heritage13 (1) every state government shall, by notification, constitute a state commission for intangible cultural heritage to exercise the powers conferred on, and to perform the functions assigned to it, under this act30constitution of the state commissions for intangible cultural heritage(2) the state commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued(3) the state commission may, with the prior approval of the state government, establish its offices at any place in the state14 every state commission shall consist of—35(i) a chairperson, who,—composition of the state commission(a) is a person of eminence and a nationally or internationally recognized expert in the domain of culture; and(b) has done outstanding work for the protection, preservation and promotion of intangible cultural heritage; and40(ii) six other members, from amongst the eminent persons of ability, integrity and standing who,—45(a) have knowledge of different cultural practices in the state or in india and have extensive experience of working with bearers of intangible cultural heritage in the state or in india; and(b) are nationally or internationally recognized experts in the domain of culture; and(c) are committed to the protection, preservation and promotion of intangible cultural heritage;5to be appointed by the respective state government15 (1) the chairperson and every member of the state commission shall hold office as such for a term of three years from the date on which he assumes office and shall be eligible for re-appointment:10provided that the chairperson or a member shall not hold the office as such after attaining the age of sixty-five years:terms and conditions of service of the chairperson and members of the state commissionprovided further that the chairperson or a member shall not hold the office for more than two terms(2) notwithstanding anything contained in sub-section (1), the chairperson or a member may—15(a) relinquish his office, by giving in writing to the appropriate government, anotice of not less than three months; or(b) be removed from his office in accordance with the provisions of subsection (5)20(3) the chairperson or a member shall not hold any other office during the period of his holding office in the state commission(4) the salary and allowances payable to, and the other terms and conditions of service of, the chairperson and the members shall be such as may be prescribed by the appropriate government:25provided that the salary and allowances and the other terms and conditions of service of the chairperson or a member, as the case may be, shall-not be varied to his disadvantage after his appointment(5) the state government concerned may, by order, remove from office the chairperson, or a member, if the chairperson or, as the case may be, the member—(a) becomes physically or mentally incapable of acting as the chairperson or, as the case may be, a member;30(b) is convicted of an offence which, in the opinion of the appropriate government, involves moral turpitude;(c) acquires such financial or other interest as is likely to affect prejudicially his functions as the chairperson or, as the case may be, a member; or35(d) has, in the opinion of the appropriate government, so abused his position asto render his continuance in office detrimental to the public interest(6) the chairperson, or a member, shall not be removed under clause (c) or clause (d)of sub-section (5) unless he is provided reasons in writing and has been given a reasonable opportunity of being heard in the matter4016 no act or proceeding of the state commission shall be questioned on the groundmerely of the existence of any vacancy or defect in the constitution of the commission or appointment of a person as the chairperson or a member of the commission, as the case may beno act or proceeding of a state commission to be questioned on the ground of vacancy or defect in the constitution of commission17 the state commission may, for efficient discharge of its functions, constitute committees, consisting of such number of persons and in such manner as may be prescribed by the concerned state governmentstate commission may constitute committees for efficient discharge of its functions518 (1) the state commission may associate with itself, in such manner and for such purposes as may be prescribed by the concerned state government, any person whose assistance or advice it may desire in carrying out any of the provisions of this actstate commission may call for assistance or advice of any person(2) a person associated with a state commission under sub-section (1) for any purpose shall have a right to take part in discussions relevant to that purpose,  but shall not have a right to vote at a meeting of the commission, and shall not be a member for any other purpose10(3) the person so associated shall be entitled to such allowance for attending the meeting as may be prescribed by the concerned state government1519 the chairperson of the state commission shall have powers of general superintendence and direction in the conduct of the affairs of the state commission and he shall,  in addition to presiding over the meetings of the commission, exercise and discharge such powers and functions as may be prescribed by the concerned state governmentchairperson to have powers of general superintendence and direction in the conduct of the affairs of the state commission20  (1) the state commission shall meet as and when necessary at such time as its chairperson may think fitmeetings of the state commission(2) the state commission shall regulate its own procedure20(3) the state commission shall have the autonomy to allocate and expend the funds on the functions assigned to it under this act21 (1) the state commission may, with the approval of the state government concerned, determine the number, nature and categories of officers and employees required by it in the discharge of its functionsofficers and staff of the state commission25(2) the salary and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the state commission, shall be such as may be specified by regulations by the state commission concerned with the approval of the concerned state appropriate government3022 (1) every state commission shall serve as the body responsible for protection, preservation and promotion of intangible cultural heritage in its respective statefunctions of the state commission(2) each state commission shall perform the following functions, namely:—35(a) make recommendations to the concerned state government on short term and long term policies in respect of protection, preservation and promotion of intangible cultural heritage of the state;(b) undertake surveys, as per the evaluation criteria prescribed by the national commission, to identify the various forms of intangible cultural heritage of the state;(c) compile, and revise, on a periodic basis, a comprehensive list of the forms of intangible cultural heritage of the state;40(d) identify the forms of intangible cultural heritage which are in need of urgent safeguarding from amongst the forms of intangible cultural heritage compiled under clause (c);5(e) undertake studies to research and document, both as written text and invideo, the various forms of intangible cultural heritage in the state, and ensure that this research and documentation is easily accessible to the general public;(f) share the list of forms of intangible cultural heritage identified under clauses(c) and (d) and the documentation generated under clause (e) with the national commission;10(g) compile, and revise, on a periodic basis, a comprehensive list of the bearersof intangible cultural heritage of each form identified under clause (c);(h) make recommendations to the national commission for budgetary supportrequired to implement programmes for the protection, preservation and promotion of the forms of intangible cultural heritage identified under clauses (c) and (d);15(i) prepare and submit an annual report to the national commission and theconcerned state government, in such form and within such time as may be prescribed by the national commission, giving a true and full account of its activities during the previous year, and the concerned state government shall cause every such report to be laid before the state legislature;20(j) ensure coordination and sharing of best practices with the nationalcommission as well as with other state commissions;(k) undertake following measures to promote the concerned state's intangiblecultural heritage both within the state and other places in india,—(i) disseminating information through media or other publications;25(ii) recognizing leading artists and their contribution to intangible culturalheritage;(iii) supporting artists and organizations working in the domain ofintangible cultural heritage, through scholarships, grants, loans or other  such financial support;30(iv) establishing and developing educational and cultural institutions suchas research centres, museums, libraries, archives, workshops as well as other infrastructure for the protection, preservation and promotion of intangible cultural heritage;(v) recommending changes in school curricula for promoting a betterunderstanding of the state's intangible cultural heritage among students;35(vi) organizing art festivals, performances or other such screenings;(l) undertake  such other measures by the state commission may deemappropriate; and40(m) such other functions as may be prescribed by the concerned stategovernment chapter vi finance accounts and audit23 (1) the central government may, after due appropriation made by parliament by law in this behalf, make to the national commission and the state commissions, grants of such sums of money as the central government may think fit for being utilised for the purposes of this actcentral government to grant funds to the commissions(2) the national commission may spend the grants made to it under sub-section (1)in such manner as it may deem appropriate for performing the functions under this act(3) every state government shall, by way of grants, provide such additional sums of money to the state commission concerned, as it may deem necessary5(4) a state commission may spend the grants made to it under sub-section (1) or subsection (3) in such manner as it may deem appropriate for performing the functions under this act(5) the national commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and auditor-general of india10(6) the accounts of the national commission shall be audited by the comptroller and auditor-general at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the national commission to the comptroller and auditor-general15 20(7) the comptroller and auditor-general and any other person appointed by him in connection with the audit of the accounts of the national commission shall, have the same rights and privileges and authority in connection with such audit as the comptroller and auditor-general generally has in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books of account, connected vouchers and other documents and papers and to inspect the offices of the national commission25(8) the accounts of the national commission as certified by the comptroller and auditor-general of india or any person appointed in this behalf, together with the audit report thereon shall be forwarded annually to the central government by the national commission and the central government shall cause the audit report to be laid, as soon as may be after it is received, before each house of parliament(9) every state commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and auditor-general of india30(10) the accounts of the state commission shall be audited by the comptroller and auditor-general at such intervals as may be specified by him and any expenditure incurred in connections with such audit shall be payable by the state commission to the comptroller and auditor-general35(11) the comptroller and auditor-general and any other person appointed by him in connection with the audit of the accounts of the state commission shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditor- general generally has in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the state commission40(12) the accounts of the state commission as certified by the comptroller and auditor-general of india or any person appointed in this behalf, together with the audit report thereon shall be forwarded annually to the concerned state government by the state commission and the state government shall cause the audit report to be laid, as soon as may be after it is received, before the state legislature45 chapter vii miscellaneous524 (1) without prejudice to the forgoing provisions of this act, each commission shall, in exercise of its powers or performance of its functions under this act, be bound by such directions on questions of policy, other than those relating to technical and administrative matters, as the appropriate government may give in writing to it from time to time:commission to work under the direction of the appropriate governmentprovided that the concerned commission shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section(2) the decision of the appropriate government, whether a question is one of policy or not, shall be final1025 the chairpersons, members, officers and other employees of the national commission and the state commissions shall, when acting or purporting to act in pursuance of any of the provisions of this act, be deemed to be public servants within the meaning of section 21 of the indian penal code, 1860chairperson and members of the commission deemed to be public servants15protection of action taken in good faith2026 no suit, prosecution or other legal proceedings shall lie against the centralgovernment, the state government, the national commission, the state commission, or any member thereof or any person acting under the direction either of the central government, the state government, the national commission or the state commission, in respect of anything which is in good faith done or intended to be done in pursuance of this act or of any rules made thereunder or in respect of the publication by or under the authority of the central government, the state government, the national commission or the state commission of any report or paperpower to make rules27 (1) the appropriate government may, by notification in the official gazette, make rules for carrying out the purposes of this act25 30(2) every rule made under this act by the central government shall be laid, as soon asmay be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, parliament agrees in making any modification in the rule or 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 such modification or annulment shall be without prejudice to the validity of anything previously done under that rule3540(3) every rule made under this act by the state government shall be laid, as soon asmay be after it is made, before each house of the state legislature where it consists of two houses, or where such state legislature consists of one house, before that house, while it is in session, for a total period of thirty days which may be comprised in one session or 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 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 statement of objects and reasonsthe popular perception of culture has undergone a sea change over the last two decades, with the recognition of centrality of those aspects of our culture that are intangible it is increasingly recognized that our cultural heritage is not limited to monuments and archaeological sites; it also includes traditions or living expressions inherited from our ancestors and passed on to our descendants, such as oral traditions, performing arts, social practices, rituals, festive events, knowledge and practices concerning nature and the universe or the knowledge and skills to produce traditional craftsin order to ensure that the international community recognizes its obligation towards preservation of intangible forms of culture, the united nations educational, scientific and cultural organization in its 32nd session in paris adopted the convention for the safeguarding of intangible cultural heritage india ratified the convention on 9th september 2005 article 11 and article 13 of this convention, —inter alia, cast certain obligations on each state party to adopt appropriate legal, technical, administrative and financial measures to safeguard and promote intangible cultural heritagethe current legal framework for cultural heritage in india restricts itself to recognizing only those forms as cultural heritage which are tangible the ancient monuments and archaeological sites and remains act, 1958 neither covers nor ascribes any importance to the preservation and protection of living and non-material forms of our heritage, such as oral traditions, customs, ideas, etc which are crucial to our cultural identitynot only is there a policy vacuum for intangible cultural heritage, but also abysmally low levels of government spending, parts of which have remained unutilized over successive budgets this reflects the lack of concerted action in preserving our rich intangible cultural heritage this not only stands to endanger the continuance and preservation of this heritage, but also threatens the livelihoods of its practitioners countries such as china, japan, armenia and vietnam already have a comprehensive national legislation in place, which provide legal guidelines for identification safeguarding and promotion of their intangible cultural heritagethere is a need for greater awareness among individuals and local governments to preserve our cultural legacies, especially those which have not received their due this bill paves the way for creation of autonomous national and state commissions that will identify forms of intangible cultural heritage; facilitate their protection and promotion by encouraging research and documentation, run information campaigns, establish cultural institutions, support artists and organizations; and ensure their preservation for the original stakeholders ie the artisans, performers and the local communityhence this billnew delhi;baijayant pandanovember 11, 2014 financial memorandumclause 3 of the bill provides for constitution of a national commission for intangible cultural heritage clause 4 provides for composition of the national commission clause 5 provides for payment of salary and allowances to the chairperson and six other members of the national commission clause 8 provides for payment of allowance to persons called for attending the meeting of the national commission clause 11 provides for appointment of officers and staff of the national commission it also provides for salary and allowances payable to the officers and staff of the national commission clause 13 provides for constitution of the state commission clause 14 provides for composition of the state commission clause 15 provides for payment of salary and allowances to the chairperson and six other members of the state commission clause 18 provides for payment of allowance to persons called for attending the meeting of state commission clause 21 provides for appointment of officers and staff of the state commission clause 23 provides that the central government shall grant funds to the national commission and the state commissions the bill, therefore, if enacted is likely to involve expenditure out of the consolidated fund of india it is estimated that a recurring expenditure of rupees five hundred crore would be involved per annuma non-recurring expenditure of about rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 27 of the bill empowers the central government to make rules for carrying out the purposes of the bill clause 11 empowers the national commission to make regulations for salary and allowances payable to and other terms and conditions of the officers and staff appointed by the commission clause 21 empowers the state commission to make regulations for salary, allowances payable to and other terms and conditions of the officers and staff appointed by the commission as the rules and regulations will relate to matters of detail only, the delegation of legislative power is, therefore, of a normal character———— a billto provide for the protection, preservation and promotion of various forms of intangible cultural heritage in the country and for matters connected therewith or incidental thereto————(shri baijayant panda, mp)gmgipmrnd—4203ls(s-3)—09022015