Punjab Ancient, Historical Monuments, Archaeological Sites and Cultural Heritage Maintenance Board Act, 2013
[Punjab Act 29 of 2013] [10th April, 2013]
CONTENTS
1. Short title and commencement
2. Definitions
3. Establishment of the Board
4. Officers and employees
5. Fund of the Board
6. Levy of cess
7. Utilisation of Fund
8. Audit
9. Protection of action taken in good faith 10. Power to make rules
11. Power to make regulations
12. Power to remove difficulties
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An Act to provide for the establishment of (he Punjab Ancient, Historical Monuments, Archaeological Sites and Cultural Heritage Maintenance Board) with a view to provide for a dedicated Fund for the conservation and preservation of the protected and unprotected built heritage of the State as well as operation and maintenance and upkeep thereof and funding for heritage memorials to be created/constructed as well
as operation and maintenance thereof in the State through collection of Cultural Cess and the matters incidental thereto and connected therewith.
BE it enacted by the Legislature of the State of Punjab in the Sixty-fourth Year of the Republic of India as follows:—
## Section 1. Short title and commencement.—(1) This Act may be called the Punjab Ancient, Historical Monuments, Archaeological Sites and Cultural Heritage Maintenance Board Act, 2013.
(2) It shall come into force at once.
## Section 2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “Act” means the Punjab Ancient, Historical Monuments, Archaeological Sites and Cultural Heritage Maintenance Board Act;
(b) “Ancient and Histrical Monuments” means the Ancient and Historical Monuments as defined in the Punjab Ancent and Historical Monuments and Archaeological Sites and Remains Act, 1964;
(c) “Board” means the Punjab Ancient, Historical Monuments, Archaeological Sites and Cultural Heritage Maintenance Board established under Section 3;
(d) “Fund” means the Cultural Heritage Maintenance and Development Fund specified under Section 5;
(e) “Government” means the Government of the State of Punjab in the Department of Cultural Affairs, Archaeology and Museums, Punjab;
(f) “prescribed” means prescribed by the rules made under this Act;
(g) “protected built heritage” means any monument which is more than 100 years old and which has been declared protected by the Government under the “Punjab Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1964”;
(h) “regulations” means regulations made by the Board under this Act; and
(i) “unprotected built heritage” means any monument which is more than 100 years old and which has not been declared protected by the Government under the “Punjab Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1964”.
## Section 3. Establishment of the Board.—(1) There shall be a Board to be called as the Punjab Ancient, Historical Monuments, Archaeological Sites and Cultural Heritage Maintenance Board for carrying out the purposes of this Act.
(2) The Board established under sub-section (1), shall consist of the following, namely:—
(i) Chief Minister .. Chairman
(ii) Minister, Cultural Affairs .. Vice-Chairman
(iii) Chief Secretary .. Member
(iv) Financial Commissioner Development .. Member
(v) Principal Secretary to Chief Minister .. Member
(vi) Principal Secretary, Cultural Affairs .. Member
(vii) Principal Secretary, Finance .. Member
(viii) Principal Secretary, Planning .. Member
(ix) Principal Secretary, PWD .. Member
(x) Secretary Mandi Board .. Member
(xi) Director, Cultural Affairs .. Member Secretary
(3) The Board shall be a body corporate having perpetual succession and a common
sea with power, subject to the provisions of this Act, to acquire, borrow and raise
commercial loans and own and hold property and shall be in the said name, sue and be
sued,
(4) The Government shall exercise general superintendence and control over the Board
and its employees and may call for such information, as it may deem necessary.
(5) An estimate of annual income and expenditure of the Board for the ensuing
Financial Year shall be got prepared by the Member Secretary in the manner as
prescribed and the same shall be submitted to the Board for approval and same shall
be sent to the Government within a period of three months from the commencement of
every financial year.
## Section 4. Officers and employees.—(1) The Board may with the approval of the
Government, create officers and such posts and appoint such officers and other
employees thereon as it may employees, consider necessary for the efficient discharge
of its functions.
(2) The conditions of service of officers and other employees referred to in sub-section (1) and their functions and duties shall be such as may be specified in the regulations made by the Board.
## Section 5. Fund of the Board.—(1) There shall be a Fund to be called the Cultural Heritage Maintenance and Development Fund, which shall be made available to the Board by the Department of Finance for carrying out the purposes of this Act.
(2) The Fund shall be administered by the Board. The Fund shall have the following contributions, namely:—
(i) the amount of cess levied and collected under Section 6;
(ii) Any grant received from the Government or any other source;
(iii) any additional income to the Department of Cultural Affairs, Archaeology and Museums, Punjab including any other miscellaneous receipt after the commencement of this Act;
(iv) donation and private contributions; and
(v) any other sum of money which the State Government may subsequently decide to contribute to the Fund.
## Section 6. Levy of cess.—(1) Notwithstanding anything contrary contained in any other law for the time being in force there shall be levied cess at: a rate of one per cent of the project cost for carrying out the purposes of this Act.
(2) The Cess levied under this section shall be collected in the manner as prescribed, by the Department concerned and agencies on the construction cost of Roads, Bridges, Flyovers, Road over Bridges/Road under Bridges (ROB's/RUB's) etc. undertaken by PWD, Mandi Board, Punjab Infrastructure Development Board, Punjab Roads and Bridges Development Board out of the state or its own resources.
(3) It shall also be levied on all buildings costing more than rupees fifty crores constructed by the agencies of the State out of their own or State resources.
(4) The proceeds of the cess levied under the sub-section (1), shall be credited by the agencies concerned directly into the consolidated fund of the State, within fifteen days of its collection under intimation to the Department of Cultural Affairs, Archaeology and Museums, Punjab.
(5) The cess so collected thereof shall be released by the State Government from under the Plan Scheme, to be created afresh, to the Board, periodically for application of the Funds.
## Section 7. Utilisation of Fund.—The fund shall be utilized for the following purposes, namely:—
(a) Preservation and conservation of the protected/unprotected monuments in the State;
(b) for the construction/creation of the buildings of State/National importance;
(c) operation and maintenance and upkeep of the buildings under sub-section (b) above; and
(d) any other building.
## Section 8. Audit.—The accounts of the Fund constituted under Section 5, shall be audited by the Examiner Local Funds Accounts, Punjab.
## Section 9. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall lie against the Government or any officer of the Government or the Board in respect of anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder.
## Section 10. Power to make rules.—(1) The Government may, by notification, make rules for carrying out the purposes of this Act.
(2) Every rule made under this section shall be laid as soon as may be after it is made before the House of State Legislature.
## Section 11. Power to make regulations.—The Board may from time to time with the previous approval of the Government, make regulations not inconsistent with this Act and rules made thereunder, for the purpose of giving effect to the provisions of this Act.
## Section 12. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this Act the Government may, by order, make such provisions including any adaptation or modification of any provisions of this Act, as appears to the Government to be necessary or expedient for the purpose of removing the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
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1. Received the assent of the Governor of Punjab on the 10th Day of April, 2013, published in Punjab Govt. Gazette (Extra.) dated 15-04-2013