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State of Arunachal Pradesh - Section

Section 9 in Arunachal Pradesh Heritage Act, 2015

9. Preparation, Approval and Sanction of Heritage Conservation Plans.

(1)The Authority shall within such time as may be prescribed, prepare heritage conservation plans, in respect of heritage sites duly notified by the State Government under Section 7.
(2)The heritage conservation plan may provide for all or any of the following matters namely;
(a)regulation for preservation and administration of heritage sites,
(b)listing and grading of heritage sites,
(c)prescriptions for development control and conservation of heritage sites ;
(d)specific design proposals in the case of heritage sites ;
(e)specific urban design proposals in the case of heritage sites in order to preserve and protect the character of the areas.
(f)proposals for incentives such as tax exemptions, transfer of development rights or acquisition of property, if found necessary, for the protection of the heritage value of such heritage sites, and
(g)proposals on a case to case basis, for any relaxation of development control regulation necessary for the protection and enhancement of the heritage value of such heritage sites ; and Provided that all such provisions of heritage conservation plan shall, as far as possible, be in conformity with the Building Bye Laws applicable to the urban areas and the Master Plans. However, in case of any conflict, the heritage conservation plans shall take prevails over the building bye laws and other planning and land revenue rules and regulation.
(h)Such other matter as may be deemed necessary.
(3)After submission of the heritage conservation plans, but not later than such dates as may be prescribed, the State Government through the State Cabinet may, after consulting the Authority either approve such plans or approve them with such modifications as the State Government may consider necessary or return them to the Authority to modify the plans to prepare fresh plans in accordance with such direction and that the modified plans as prepared by the Authority shall be resubmitted to the State Government for its approval.
(4)The heritage conservation plan approved by the State Government shall be published in the Official Gazette and in newspapers for inviting suggestions or objections from the public. Thereafter, the State Government shall consider the same and after getting opinion of the Authority, modify the heritage conservation plan accordingly, if necessary and grant sanction to the same;Provided that once the said plans are prepared by the Authority, all permissions for development that might affect the heritage sites shall be in conformity with the said plans.