Definitions.
In this Act, unless the context otherwise requires,––
(a) “authority” means the Jammu and Kashmir Heritage Conservation
and Preservation Authority constituted under section 7 ;
(b) “conservation” means protection, preservation and restoration of
heritage sites/areas, heritage precincts, buildings, artifacts, handicrafts,
paintings, fabrics etc. and shall include only such developmental activity
that will enhance the heritage significance of the heritage site within
the frame work of this Act ;
(c) “development” means the carrying out of construction of buildings,
engineering, mining or other operations in, or over, or under, land;
or making of any material change in any building or land; or in the
use of any building or land; or change to a heritage site including
any material or structural change in, or painting of, heritage building;
or in a heritage precinct; or on a listed natural feature; and includes
demolition of any existing building, structure; or erection of part of
such building, structure or erection and reclamation, redevelopment,
layout and sub-division of any land ; and “to develop” shall be
construed accordingly ;
(d) “development right” means the right to carry out development or to
develop land or building or both and shall include the “transferable
development right” in the form of right to utilize the floor area ratio/
floor space index of land utilizable either on the remainder of the
land partially reserved for public purpose or elsewhere, as may be
provided in the heritage regulations or as per the Master plan for
the area ;
(e) “director” means an officer authorized by the Government, by
notification in the
*[Government Gazette], to exercise the powers
conferred, and to discharge the duties imposed, on the Director
under this Act ;
(f) “documentation” means formal recording of characteristics or
features or details of any tangible or intangible item of heritage
value after conducting survey and research on the same ;
(g) “floor area ratio/floor space index” means the ratio derived by
dividing the total covered area of all floors by the area of the plot ;
1[(h) “Government” means the Government of Union territory of Jammu
and Kashmir ;]
(i) “grading” means classification of heritage both tangible and
intangible according to its heritage significance and the same shall determine in the case of tangible heritage, the levels of intervention
permissible in conserving, preserving, maintaining and upgrading
the heritage including sites, buildings, artifacts, structures, streets,
precincts etc. of historic or architectural or aesthetic or cultural or
environmental significance and those natural features or sites of
scenic beauty including, but not restricted to, sacred groves,
mountains, hills, hillocks, lakes, rivers and other water bodies (and
the areas adjoining the same), open areas, wooded areas, points,
walks, rides, bridle paths etc. and in the case of intangible heritage
like music, dance, drama, the level or nature of preservation or
patronage or promotion required ;
(j) “heritage areas” means those areas of archaeological or historical
or architectural or aesthetic or scientific or environmental or cultural
significance including man made and natural features and sites of
scenic beauty (hereinafter referred to as “listed areas” or “heritage
areas”) which are included in a list(s) published by notification in
the
*[Government Gazette], by the Government, from time to time ;
(k) “heritage buildings” means buildings (including artifacts),
structures of historical or aesthetic or architectural or environmental
significance (hereinafter referred to as “listed buildings” or
“heritage buildings”) which are included in a list(s) published by
notification in the
*[Government Gazette], by the Government, from
time to time ;
(l) “heritage inspection” means physical examination through spot visit
of the heritage by the authority or Municipal Commissioner or
Collector or Director concerned, as the case may be, to ensure,—
(i) proper maintenance and conservation of the heritage ; and
(ii) to ensure conformity with heritage and environmental
protection standards or requirements ;
(m) “heritage precincts” means streets and spaces including those around
a heritage building or a group of such buildings of which they are
part and parcel (hereinafter referred to as “listed precincts” or
“heritage precincts”) which are included in a list(s) published by a
notification in the
*[Government Gazette], by the Government, from
time to time ;
(n) “heritage sites” means those buildings, artifacts, structures, streets,
areas and precincts of historic or aesthetic or architectural or cultural
or environmental significance (hereinafter referred to as “listed sites”
or “heritage sites”) and those natural features of environmental
significance and sites of scenic beauty including, but not restricted
to, sacred groves, mountains, hills, hillocks, lakes, rivers, and other
water bodies (and the areas adjoining the same), open areas, wooded
areas, points, walks, rides, bridle paths etc. which are included in a
list(s) published by the Government, from time to time ;
(o) “tangible heritage” means any material or physical heritage like
buildings, structures, artifacts, sculpture, handicrafts, fabrics,
paintings, etc. ;
(p) “intangible heritage” means those aspects of culture that are nonmaterial and abstract like music, dance, drama, poetry, living
heritage like traditional crafts and cuisine and knowledge systems,
folklore, spiritual traditions like yoga and Sufism, etc. ;
(q) “land” means any area of land mass including water bodies ;
(r) “listing” means inclusion of any heritage, tangible or intangible, in
a list to be maintained by the Government, from time to time, after
the particular heritage has been declared as a heritage to be
conserved or preserved through a notification in the
*[Government
Gazette] by the Government, from time to time ;
(s) “monument” means any ancient monument and site which is not
declared as such, by notification, to be a protected monument under
the Jammu and Kashmir Ancient Monuments and Preservation Act,
1920 and the Ancient Monuments and Archaeological Sites and
Remains Act, 1958 (Central Act 24 of 1958) ;
(t) “natural feature” means those features of environmental significance
and sites of scenic beauty including, but not restricted to sacred
groves, mountains, hills, hillocks, lakes, rivers, and other water
bodies (and the area adjoining the same), open areas, wooded areas,
points, walks, rides, bridle paths, etc. (hereinafter referred to as
“listed natural feature”) which are included in a list(s) published in
the newspapers by the authority or Municipal Commissioner or
Collector or Director as the case may be, from time to time ;
(u) “object” means any material or physical entity ;
(v) “owner” includes :—
(i) a joint owner invested with power of management on his own
behalf and other joint owners and successors in title of any
such owner ; and
(ii) any manager or trustee exercising powers of management and
the successor-in-office of any such manager or trustee ;
(w) “place” means any geographical area or space ;
(x) “prescribed” means prescribed by rules made under this Act ;
(y) “preservation” means redeeming or saving any cultural heritage,
tangible or intangible, from decay and fading away to protect and
patronize it ;
(z) “regulations” means regulations made under section 20 of this Act
;
(z-i) “rules” means the rules made under section 19 of this Act ;
(z-ii) “site” means areas, spaces, places, precincts, etc. ;
(z-iii) “survey” means preliminary investigation of any tangible or intangible
item or object of apparent heritage value with a view to undertake
research and documentation of the same and its subsequent listing
for its protection or preservation.
* Now Official Gazette.
1. Clause (h) substituted by S.O. 1229 (E) dated 31.03.2020.