 bill  no  xi of 2008 the protection of cultural heritage bill, 2008 a billto provide for the implementation of convention regarding the protection of world culturaland natural heritage adopted by united nations educational, scientific and cultural organisation and accord legality to its provisions, exercise greater vigilance in the protection of cultural heritage, constitute a board for the protection of cultural heritage, giving deterrent punishment to the persons guilty of causing harms to the cultural heritage and for matters connected therewith or incidental theretowhereas the general conference of united nations educational, scientific and cultural organisation had, in its 17th session held on 16th november, 1972 adopted a convention in regard to protection of world cultural and natural heritage;and whereas, there is an urgent need to provide for the constitution of a cultural heritage protection board for having greater monitoring and supervision on the conservation, protection and preservention of cultural heritage; and and whereas, it is necessary to provide for deterrent punishment for the offence of causing harm to the cultural heritagebe it enacted by parliament in the fifty-ninth year of the republic of india as follows:—1  (1) this act may be called the protection of cultural heritage act, 2008short 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,—(a) "board" means cultural heritage protection board constituted under section 4;(b) "convention" means convention regarding the protection of world cultural and natural heritage adopted by general conference of united nations educational, scientific and cultural organisation in its 17th session on 16th november, 1972;(c) "cultural heritage" includes:—(i) cultural heritage and natural heritage included in articles 1 and 2 of the convention;24 of 1958(ii) "ancient monuments" and "archaeological sites and remains" included in clause (a) and clause (d) respectively of section 2 of ancient monuments and archaeological sites and remains act, 1958 (d) "prescribed" means prescribed by rules made under this act24 of 1958 45 of 1860 2 of 1974(e) words and expressions used and not defined in this act but defined in theconvention or ancient monuments and archaeological sites and remains act, 1958 or indian penal code or code of criminal procedure, 1973 shall have the meanings respectively assigned to them in those actsdeclaration for expediency3 it is hereby declared that it is expedient in the national interest to implement the convention regarding the protection of world cultural and natural heritage adopted by united nations educational, scientific and cultural organisation for having greater monitoring and supervision on the conservation, protection and preservation of cultural heritage of the countryconvention to have force of law4 notwithstanding anything contained in any other law for the time being in force, theprovisions and obligations contained in the convention shall have the force of law, till the commencement of this actconstitution of the board5 (1) the central government shall, by notification in the official gazette, constitutea board to be known as the cultural heritage protection board for the purpose of performing functions assigned under this act(2) the board shall consist of a chairperson and not less than fourteen members to be appointed by the central government after consultation with the leaders of opposition in both the houses of parliament(3) a member of the board shall hold office for a period of five years from the date of his appointment(4) the terms and conditions of service of the chairperson and members of the board and the procedure of filling up of contingency vacancies shall be such as prescribed(5) the board shall, after consultation with the central government, appoint such number of officers on such terms and conditions as may be prescribed(6) the board shall, subject to approval by the central government, make regulations to convene its meetings and the conduct of business in its meetings6 (1) the board shall have following functions and powers:—| powers                                                                                    | and   ||-------------------------------------------------------------------------------------------|-------|| functions                                                                                 | of    || the board                                                                                |       || (                                                                                         |       || a                                                                                         |       || ) supervising and superintending the proper implementation of the convention              |       || by concerned ministries and government departments and authorities and issuing            |       || such directions, as it shall deem appropriate and expedient for the effective enforcement |       || and implementation of convention;                                                         |       |(b) advising to adopt legal, scientific, technical and administrative measures for the identification, conservation, protection, preservation and rehabilitation of cultural heritage;(c) exercising vigilance and issuing directions to ministries and government departments and authorities regarding measures for protecting the cultural heritage from outbreaks and threats;(d) interrogating or making enquiry or inspection or initiating proper legal proceedings in regard to the offences committed against cultural heritage which include offences committed under the indian panel code or the ancient monuments and archaeological sites and remains act, 1958 or any other law for the time being in force;45 of 1860 24 of 1958(e) making proper arrangements to ensure implementation of the provisions of this act;(f) carrying out such other functions as may be assigned to it by the central government (2) any directions issued under this section by the board shall be obligatoryannual report of the board7 (1) every year the board shall prepare an annual report regarding the implementation of the provisions of the act and submit it to the central government which shall cause the annual report to be laid before each house of parliament(2) the board, whenever it deems appropriate and necessary, shall prepare and submit an interim report or reports to the central government which shall cause the said report or reports to be laid before each of the houses of parliament without delay8 whosoever—o f f e n c e s under this act(a) is involved or deliberately assists or deliberately takes part directly or indirectly in any process or activity of causing any harm to the cultural heritage, which also includes its modification, or is associated or involved actively in the wrong publicity of it;(b) commits any offence under section 30 of the ancient monuments and archaeological sites and remains act, 1958; or24 of 1958(c) commits any offence against cultural heritage under the provisions of indian penal code or any other law for the time being in force, shall be guilty of crime against cultural heritage under this actpenalty9 whosoever commits any offence against cultural heritage under section 6, shall be punishable with regorous imprisonment which shall not be less than five years and with fine and that such imprisonment and fine shall be in addition to any sentence under any other law for the time being in force;2 of 197410 notwithstanding anything contained in section 468 and section 469 of the code of criminal procedure, 1973 or in any other law for the time being in force, any action in pursuance of section 8 shall not be rendered abortive as the result of a delayed or late action or an action prohibited by lapse or expiration of the stipulated limit of any periodno bar for taking cognizance after the limitation period cognizable offences11 notwithstanding anything contained in any other law for the time being in force,each of the offences punishable under this act shall be cognizable12  all ministries, government departments, police, intelligence & inspection agenciesand all civil authorities shall work to assist the board in the execution of its tasksg o v e r n m e n t agencies toassist the board in its work13 (1) the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any law in forceoverriding effect of the act(2) the provisions of this act shall be in addition to and not in place of or derogation of provisions, related to cultural heritage, contained in any other law for the time being in focepower to make rules14 (1) the central government may, by notification, make rules for carrying out theprovisions of this act(2) every rule made by the central government under this act shall be laid before each house of parliament as soon as it is made, while it is in session, for a total period of thirty five days, which period 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 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 general conference of united nations educational, scientific and cultural organisation has adopted a convention regarding the protection of world cultural and natural heritage in its 17th session held on 16th november, 1972 it is necessary in the interest of the country that this convention should be implemented and be given the force of  lawthere is a need for greater vigilance and supervision for the protection of cultural heritage therefore it would be expedient to constitute a board for this purposekeeping in view the increasing number of offences against "cultural heritage", there is a need to provide for deterrent punishment for such offencesthe expression "cultural heritage" has been assigned comprehensive meanings so that the cultural and natural heritage included in this convention, ancient monuments and archaeological sites and remains included in the ancient monuments and archaeological sites and remains act, 1958 may be coveredthe bill seeks to achieve the said objectives hence this billjai  prakash  aggarwal financial memorandumthe clause 5 of the bill provides for the constitution of a board and its staff  etc for the protection of cultural heritage this will involve both the types of expenditure recurring and non-recurringthus, the bill, if enacted, will involve a sum of rupees one hundred crore as recurring, expenditure per annum as also a sum of rupees one hundred and fifty crore as non-recurring expenditure from the consolidated fund of india memorandum  regrading  delegated  legislationclause 14 of the bill empowers the central government to make rules for the purposes of this bill since the rules relate to matters of details only, the delegation of legislative power is of a normal character———— a billto provide for the implementation of convention regarding the protection of world cluturaland natural heritage adopted by united nations educational, scientific and cultural organisation and accord legality to its provisions, exercise greater vigilance in the protection of cultural heritage, constitute a board for the protection of cultural  heritage, giving deterrent punishment to the persons guilty of causing harms to the cultural heritage and for matters connected therewith or incidental thereto————(shri jai prakash aggarwal, mp)gmgipmrnd—4744rs(s5)—29122008