 bill no 99 of  2015 the  cultural heritage conservation bill, 2015 by shri dilip kumar mansukhlal gandhi, mp a billto provide for the constitution of a board for the conservation of cultural and natural heritage and for matters connected therewithwhereas the united nations educational scientific and cultural organization convention concerning the protection of the world cultural and natural heritage was held in paris in 1972, which india ratified in 1977, to ensure effective and active measures for protection, conservation and presentation of the cultural and natural heritage situated on the territory of each state party;and whereas, it is expedient and necessary to enact a law for the purpose of implementing the decisions to take appropriate legal, scientific, technical, administrative and financial measures necessary for the identification, protection, conservation, presentation and rehabilitation of cultural and natural heritagebe  it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1  (1) this act may be called the cultural heritage conservation act, 2015 (2) it  extends to the whole of indiashort title, extent and commencement2 (1) in this act, unless the context otherwise requires,—definitions(a) 'board' means the cultural heritage conservation board constituted under section 3;5(b) 'convention' means the united nations educational, scientific and cultural organization convention concerning the protection of the world cultural and natural heritage held in paris in 1972 and ratified by india in 1977;(c) 'cultural heritage' includes the following:—1024 of 1958(i) 'ancient monument' and 'archaeological sites and remains' defined in clauses (a) and (d), respectively, of section 2 of the ancient monuments and archaeological sites and remains act, 1958;(ii) monuments, that is to say, architectural works, works of monumental sculpture and painting, elements or structures of an archaeological nature, inscriptions, cave dwelling and combinations of features, which are of outstanding universal value from the point of view of history, art or science;15(iii) groups of buildings, groups of separate or connected buildings which, because of their architecture, their homogeneity or their place in the landscape, are of outstanding universal value from the point of view of history, art or science;20(iv) sites, that is to say, works of man or the combined works of nature and man, and areas including archaeological sites which are of outstanding universal value from the historical, aesthetic, ethnological or anthropological point of view; (d) "natural heritage" includes,—25(i) natural sites or precisely delinerated natural areas which are of outstanding value from the point of view of science, conservation or natural beauty;(ii) geological and physiographical formations and precisely delineated area which constitute the habitat of threatened species of animals and plants and are of outstanding value from the point of view of science or conservation;30(iii) natural features consisting of physical and biological formations or groups of such formations, which are of outstanding  value from the aesthetic or scientific point of view; and (e) "prescribed" means prescribed by rules made under this act3524 of 1958 45 of 1860 2 of 1974(2) the words and expressions used in this act but not defined herein and defined in the ancient monuments and archaeological sites and remains act, 1958 or the indian penal code, 1860 or the code of criminal procedure, 1973 shall have the same meaning, respectively, assigned to them in those acts3 (1)  the central government, shall, by notification in the official gazette, constitute a board to be known as the cultural heritage conservation board40(2) the board shall consist of,—constitution of the cultural heritage conservation board(a) a chairperson to be appointed by the central government, from amongst thepersons having such knowledge and experience, as may be prescribed;45(b) fourteen other members to be appointed by the central government fromamongst the persons who have knowledge and experience in the field of archaeology, history, architecture, conservation, science and technology, environment science, town and country planning or public administration:provided that the chairperson and the members of the board shall be appointed in consultation with theleaders of opposition of both the houses of parliament (3) the chairperson and every member of the board shall hold office for a period of five years from the date on which he enters upon his office5(4) the salaries and allowances payable to, and the other terms and conditions ofservice of the chairperson and the members of the board shall be such as may be prescribed10(5) the terms and conditions of the office of, including the method of filling casual vacancies in the board, and the procedure for removal or disqualification of the chairperson or a member of the board, shall be such as the central government may, by notification, specify(6) the board may, with the approval of the central government, make regulations for regulating its own procedure(7) the board shall have a secretariat consisting of such number of officers and employees as may be prescribed15(8) the salaries and allowances payable to, and the other terms and conditions ofservice of, the officers and employees shall be such as may be prescibed4 the board shall perform the following functions:—functions of the board(i) to monitor the implementation of obligations under the convention and issue such directions as it may consider necessary and expedient for the effective implementation of such obligations;20(ii) to advise to the central government on identification, safe-keeping, conservation and preservation of cultural heritage and natural heritage;(iii) to issue such directions as it considers necessary to ensure safety, security, conservation and management of cultural heritage and natural heritage;25(iv) to cause or undertake an inquiry and initiate legal action in consultation withthe central government, in case of offences relating to cultural heritage and natural heritage sites;(v) to take such measures as it may consider necessary for implementation of the provisions of this act; and30(vi) to undertake such other functions as may be assigned to it by the central government for carrying out the purposes of this actoffences5 whoever—| (                                           | i   | ) damages or causes any damage to cultural heritage or natural heritage site;   ||---------------------------------------------|-----|---------------------------------------------------------------------------------|| 35                                          |     |                                                                                 || (                                           | ii  | ) indulges in any propaganda with the intention of causing any damage to a      || cultural heritage or natural heritage site; |     |                                                                                 |24 of 1958(iii) commits any offence under section 30 of the ancient monuments and archaeological sites and remains act, 1958; or(iv) commits or omits to commit any act in relation to cultural heritage or naturalheritage sites, which is an offence under any other law for the time being in force;40shall be guilty of committing an offence under this actpunishment6 (1) any person who commits any offence under section 5 shall be punishable with rigorous imprisonment for a term which may extend to five years, or with fine, which may extend to one lakh rupees, or with both45(2) a penalty awarded upon conviction for an offence under this section shall be in addition to any penalty, which upon conviction is provided for such offence under any other law for the time being in force7 notwithstanding anything contained in any other law for the time being in force, proceedings of committing an offence under this act may be instituted after the expiry of the period of limitationproceedings after the expiry of the period of limitation58 notwithstanding anything contained in any other law for the time being in force, an offence punishable under this act shall be deemed to be a cognizable offencean offence under the act to be a cognizable offence9 it shall be the duty of every person holding a civil post in connection with the affairs of the union or a state to assist the board in discharge of its functionsevery person holding a civil post to assist the board10 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceact to have overriding effect1011 the provisions of this act shall be in addition to, and not in derogation of, any other law for the time being in forceprovisions of the act to be in addition to other laws annual report12 (1) the board shall prepare an annual report, in such form and manner, as may beprescribed(2) the board shall submit the annual report to the central government15(3) the annual report shall be laid by the central government, as soon as may be after it is received, before each house of parliament:provided that the board may also submit interim report or reports to the central government, which shall cause the report to be laid, as soon as  may be after it is received, before each house of parliament20power to make rules13 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act25(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 reasonsthe united nations educational, scientific and cultural organization (unesco) in its17th general assembly meeting on 16th november, 1972 adopted a convention relating to the conservation of world cultural and natural heritage india has ratified this convention on 14th november, 1977 it is in our own interest to implement this convention and enact a law to give effect to the provisions of the convention for the conservation of cultural heritage, a suitable mechanism for vigilance and monitoring is needed these purposes would be better served if a board to be known as the central heritage conservation board is set up to work as a watchdog agency for the conservation of the cultural heritage and natural heritage sites in the countrythe terms 'cultural heritage' and 'natural heritage' have been given a very comprehensive meaning to include all cultural and natural heritage, provided for in the convention and the terms also cover the ancient monuments and archaeological sites and remains defined in the ancient monuments and archaeological sites and remains act, 1958our cultural and natural heritage sites are a vulnerable lot we all know that people who visit such sites are not sensitive enough to try and keep such sites well maintained it is a common practice to deface our monuments by inscribing names on them there have also been other cases of vandalism against our cultural and natural heritage sites keeping in view the increasing number of crimes against such sites, there is a need to provide for punitive action for such crimesthe bill seeks to achieve the above objectivesnew delhi;dilip kumar mansukhlal gandhimarch 20, 2015 financial memorandumclause 3 of the bill provides for the constitution of a cultural heritage conservation board for the conservation of the cultural sites in the country it also provides for a secretariat for the purpose of assisting the board the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of rupees one hundred crore per annuma non-recurring expenditure of rupees one hundred and fifty crores is also likely to be involved memorandum  regarding  delegated  legislationclause 3(6) of the bill empowers the board to make regulation for regulating its own procedure clause 13 empowers the central government to make rules for carrying out the purposes of the bill the matters in respect of which rules and regulations may be made are matters of administrative details and procedure and, as such, the delegation of legislative power is of a normal character lok  sabha———— a billto provide for the constitution of a board for the conservation of cultural and natural heritage and for matters connected therewith————(shri dilip kumar mansukhlal gandhi, mp)gmgipmrnd—25ls(s3)—16-04-2015