 bill no 148 of  2015 the preservation and protection of historical heritage bill, 2015 by shri rajeev satav, mp a billto provide for framing of a national policy for preservation and protection of historical heritage and for matters connected therewithbe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—2 in this act, unless the context otherwise requires—definitions| (                                                                                           | a   | ) "appropriate government" means in the case of a state, the government of       ||---------------------------------------------------------------------------------------------|-----|----------------------------------------------------------------------------------|| that state and in all other cases, the central government;                                  |     |                                                                                  || 5                                                                                           |     |                                                                                  || (                                                                                           | b   | ) "historical heritage" includes historical and archaeological site and remains, || antiquities and historical monument of significant historical importance relating to        |     |                                                                                  || indian culture, civilization or national freedom movement;                                  |     |                                                                                  || 10                                                                                          |     |                                                                                  || (                                                                                           | c   | ) "non-governmental organisation" means an organisation, institution,            || educational centre or research institution engaged in the field of preservation, protection |     |                                                                                  || and maintenance of historical heritage for a period not less than three years with a        |     |                                                                                  || good track record of its activities; and                                                    |     |                                                                                  |(d) "prescribed" means prescribed by rules made under this act3 (1) the central government shall, as soon as may be, by notification in official gazette, formulate a national policy for preservation and protection of historical heritage in the country15(2) the national policy formulated under sub-section (1) may provide for—framing of a national policy for maintenance and protection of historical heritage(a) measures for preservation and protection of historical heritage which havebeen declared as of national importance as well as other historical heritage;(b) criteria for the selection of non-governmental organisations for entrustingthe work of preservation of historical heritage;20(c) constitution of a body at national level to monitor and regulate the functioningof non-governmental organisations engaged in the field of preservation of historical heritage;25(d) providing adequate financial assistance to the non-governmentalorganisations entrusted with the task of preservation of historical heritage under this act;(e) prescribing duties of non-governmental organisations for the preservation,safety and protection of historical heritage;(f) creating awareness among people about the importance of preservation andprotection of historical heritage; and30(g) any other measure necessary for carrying out the purposes of this act4 (1) it shall be the duty of the appropriate government to implement the national policy framed under section 3implementation of the national policy(2) the appropriate government shall monitor and review, from time to time, thefunctioning of non-governmental organisations engaged in preservation and protection of historical heritage in such manner, as may be prescribed35 5 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds to the state governments for carrying out the provisions of this actcentral government to provide adequate funds penalty406 if any non-governmental organisation indulges in any act which is or is likely to bedetrimental to the preservation and protection of any historical heritage, the appropriate government may initiate such action against such organisation as it may deem fit including imposition of fine or withdrawal of financial assistance or recovery of loss caused to the government exchequerpower to make rules7 (1) the central government, may by notification in the official gazette, make rulesfor carrying out the provisions of this act5(2) every rule made under this act shall be laid as soon as may 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 in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses, agree in making any modification in the rule or both the houses agree 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 reasonsindia is a unique country in terms of its cultural heritage vibrant examples of thousand years of culture and civilization are existing in the form of various historical heritage, monuments, sites, remains etc in the country these are evidence of our golden and glorious past which hold important and prestigious position for the citizens of india however, irony is that due care is not being given to many of the heritages, which have neither been identified nor marked many of these historical heritage are being damaged due to some construction over these structures adequate surveillance, protection and security of these heritage is very important the practical experience has not been very positive in this regard there is an immediate need to formulate a policy for preservation, protection and maintenance of historical heritage at the community level also, there is a need to make efforts to encourage non-governmental organisations and other institutions engaged in the field of preservation of historical heritage by giving them financial assistance to achieve the objectivesthe bill seeks to provide for framing of a national policy for the preservation, protection and maintenance of historical heritage by entrusting the responsibility to the nongovernmental organisations engaged in the related fieldhence this billnew delhi;rajeev satavfebruary 25, 2015 financial memorandumclause 3 of the bill provides for the formulation of a national policy for preservation and protection of historical heritage in the country it also provides for adequate financial assistance to the non-governmental organizations for carrying out the provisions of the act clause 5 provide for adequate funds to the state governments for carrying out the provision of the act the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india at this stage, it is difficult to give an exact estimate of the expenditure to be incurred on it however, it is estimated that a recurring expenditure of rupees one thousand crore per annum will be incurred from the consolidated fund of indiano non-recurring expenditure is likely to be involved memorandum  regarding  delegated  legislationclause 7 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matter of detail only, the delegation of legislative power is of a normal character lok  sabha———— a billto provide for framing of a national policy for preservation and protection of historical heritage and for matters connected therewith————(shri rajeev satav, mp)gmgipmrnd—108ls(s3)—30-04-2015