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State of Tamilnadu - Section

Section 11 in Tamil Nadu Heritage Commission Act, 2012

11. Powers and functions of the commission.

(1)Notwithstanding anything contained in any other law for the time being in force, all local authorities shall refer anything related to identification, restoration and preservation of any heritage building or any other development or any engineering operation which is likely to affect preservation of any heritage building for advice.
(2)Subject to the provisions of sub-section (1), the functions of the Commission shall be,-
(a)to advise the Government on preparing a classification of buildings in certain grades of heritage buildings after scrutinising applications and proposals received, including supplementing the existing list of buildings as well as all other matters relating to heritage conservation;
(b)to advise the Government on any alteration, modification or relaxation of any law for the time being in force for development, control and conservation of any heritage building;
(c)to advise Government whether to allow commercial or other use of heritage buildings and if so, when to prohibit such use;
(d)to advise the Government on framing of special regulations for such heritage buildings as may be listed by the Government;
(e)to advise the Government on guidelines to be adopted by private parties who sponsor beautification schemes in this State;
(f)to advise the Government on the penal measures for defacing or destroying a heritage building;
(g)to advise the Government and the local authorities on the making of provision for restoration of heritage buildings;
(h)to advise the Government and the local authorities on documentation of records of heritage buildings;
(i)to advise the Government on the steps to involve public opinion in mobilisation of efforts for creating awareness, preserving or maintaining heritage, and the consciousness of its visible architectural and natural evidences, so as to foster the creation of a popular mandate for heritage preservation;
(j)to advise the local authorities, where necessary, on the policy of the grant of any certificate of right of development of any heritage building;
(k)to advise the local authorities to regulate the installation of advertisement and display structure in respect of heritage buildings;
(l)to advise the local authorities on the cost of repair of heritage buildings and the policy to be adopted for raising repair-funds from private sources;
(m)to advise the local authorities to prepare special designs and guidelines for heritage buildings controlling the height and essential characteristics and to suggest other aspects of conservation and restoration;
(n)to advise the local authorities on the provision of incentive by exemption from payment of rates or taxes or fees for supply of water or any other charge in respect of heritage buildings;
(o)to advise the Government on any other matter relating to restoration or preservation of building of heritage importance as may be entrusted by the Government to the Commission.
(3)Notwithstanding anything contained in any other law for the time being in force, no local authority shall take any step for identification, preservation, conservation or restoration of any heritage building, not consistent with the determination or advice of Commission.