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Heritage conservation and preservation act,2010.pptx
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- 2. The Heritage Conservationand Preservation Act, 2010, also known as Act No. XV of 2010, is a state- level act in Jammu and Kashmir, India. It focuses on the conservation and preservation of both tangible and intangible heritage. This includes buildings, monuments, artifacts, and various forms of art, as well as living traditions, knowledge systems, and spiritual practices. The act was enacted on April 28, 2010, and came into force on April 29, 2010. The Department of Culture in Jammu and Kashmir is responsible for its Introduction to the Act 2 Source: India Code
- 3. • J&K hasa rich cultural and architectural heritage spanning centuries . • Rampant urbanization, tourism, and conflict led to neglect and degradation of heritage sites . • Lack of a formal legal mechanism to protect, conserve, and preserve tangible and intangible heritage . • The Act aimed to fill the legislative vacuum and institutionalize conservation efforts . Need For the Act 3 Source: India Code
- 4. Act specific Terminologies 4 Source:India Code • CONSERVATION: protection, preservation and restoration of heritage sites/areas. • HERITAGE AREAS: areas of archaeological or historical or architectural or aesthetic or scientific or environmental or cultural significance. • HERITAGE BUILDINGS: buildings (including artifacts), structures of historical or aesthetic or architectural or environmental significance. • LAND: any area of land mass including water bodies. • MONUMENT: any ancient monument and site which is not declared as such, by notification, to be a protected monument by the Act. • NATURAL FEATURE: features of environmental significance and sites of scenic beauty
- 5. Tangible vs IntangibleHeritage 5 Source: India Code TANGIBLE HERITAGE Physical objects or places that have historical, cultural, architectural, or environmental value. • Historic Buildings and Monuments • Sculptures, artifacts and paintings • Traditional handicrafts or manuscripts. • Natural features - Lakes, etc • Mubarak Mandi Palace • Ancient temples - Raghunath Temple, Rabireshwar Temple, Vaishno Devi Temple • Traditional Pashmina Weaving looms. EXAMPLES INTANGIBLE HERITAGE Non-physical cultural elements that are passed down through generations. • Music, dance, and drama • Folklore • Traditional cuisines and local recipes • Spiritual practices • Traditional knowledge systems and crafts • Bhand Pather (Kashmiri Folk Theatre) • Sufism in Kashmir • Wazwan (Traditional Kashmiri Cuisine) EXAMPLES
- 6. Heritage Declaration Process 6 Source:India Code 1.Identification and Recommendation • By Heritage Authority, Municipal Commissioner, Director, etc. • Includes both tangible and Intangible heritage. • Surveys, Research, documentation, and grading. 3. Declaration by Government • After reviewing suggestions, the Government declares the site as heritage. • Notification published in official Gazette. 5. Temporary Protection Order • Can be issued for up to 180 days to prevent alterations or damage while declration is pending. 4. Grading of Heritage • Authority assigns a heritage grade • It determines what restorations and changes are allowed • It is applied to both tangible and intangible heritage. 2. Public Notification • 30 Day notice published in leading newspapers, and notices displayed near site. • Public and Stakeholders can send objections or suggestions
- 7. Conservation and PreservationPlans 7 What are Conservation Plans? • Plans prepared to protect, manage, and promote both tangible and intangible heritage in Jammu and Kashmir. Who prepares them? • Commissioners, Collectors, Directors, or expert Committees(Heritage Conservation and Preservation Authority, Executive Committees - Archeologists, Historians, cultural scholars, urban planners, Directors of Culture, Tourism, Archives) They Include:- • Listing and Grading of heritage sites/items • Development Controls • Urban and Rural Design Proposals Approval Process:- • Government reviews the Plan • Can approve modify, or return for revision • Once approved, mandatory for development permissions
- 8. Grading Procedure 8 GRADE I GRADEII GRADE III Rare, endangered, of high cultural value (Ancient temples, dying craft, rituals) Important at state or district level (colonial - era buildings, etc) Local or community level significance Preservation, restoration Limited changes allowed + institutional support More flexibility, community level support and awareness campaigns GRADING FACTORS Historical age and rarity Aesthetic or architectural quality Cultursl or Spiritual relevance Degree of public and community interest Environmental or natural uniqueness
- 9. Financial Provisions 9 Source: PRSIndia J&KHeritage Conservation and Preservation Fund Initial Corpus: Rs. 50 crores Sources: • Govt allocations, • Donations, • Grants Uses: • Acquisition, • maintenance of heritage sites • Promotion of intangible heritage • Incentives for individuals & communities • Fund managed and audited annually
- 10. Penalties and Enforcement 10 Typeof Offence Penalty/Action General Violation Up to 3 yrs imprisonment/ or Rs 10,000 fine Repeat Offence Willful Damage/Demolition Compounding of offences Jurisdiction Rs. 50.000 fine per day of continued violation Cost of restoration charged to offender Allowed only if the offender complies with the notice Only Session Court can try offences under this Act
- 11. Powers of Governmentand Heritage Authority 11 Source: PRSIndia Government • Declares heritage (tangible & intangible) • Approves conservation plans and rules • Allocates and manages heritage funds • Can acquire sites and dissolve the Authority • Enforces penalties and legal action Heritage Authority • Identifies, grades, and lists heritage • Prepares and implements conservation plans • Regulates development around heritage sites • Conducts inspections and ensures maintenance • Disburses funds and creates technical teams
- 12. Challenges and Opportunities 12 Source:PRSIndia Challenges • Symbolic public outreach • Skilled conservationists scarce in-region • Funding gaps despite corpus • Heritage vs. infrastructure • Weak local enforcement Opportunities • Robust legal mandate • Tourism + heritage economy • Craft revival & intangible heritage • Scope for community-led upkeep • PPP & CSR funding channels
- 13. Background • 150+ year-oldpalace complex of the Dogra dynasty; blend of Rajasthani, European, and Mughal styles • Served as the royal residence and housed important state archives Action under the 2010 Act • Declared as a Grade I heritage site under the J&K Heritage Act • Restoration led by the Mubarak Mandi Heritage Society (MMHS), formed under the UT government • Funded via J&K Government CAPEX budgets and 13th Finance Commission grants Case Study: Mubarak Mandi Heritage Complex (Jammu) 13 Source: ResearchGate
- 14. Challenges • Severe structuraldamage due to neglect, 2007 fire, and urban encroachments • Lack of skilled conservation capacity in earlier phases • Delay in project phasing and fund release Outcomes • Conservation of Dogra Art Museum Block completed • Tourist access partially restored • Boosted heritage awareness and local engagement Case Study: Mubarak Mandi Heritage Complex (Jammu) 14 Source: ResearchGate
- 15. Funding and Support 15 CommunityEngagement • Traditional craftsmen and local masons employed in the conservation process • Temporary employment generated through restoration-linked tourism services • Efforts made to revive heritage-related livelihoods (e.g., guides, artisans, cultural educators) Governance & Institutional Support • MMHS coordinates restoration under oversight of the UT Department of Culture • Heritage Authority consulted for grading and planning approvals • Challenges remain in fund continuity, quality control, and long-term maintenance
- 16. Case Analysis Takeaways 16 Source:ResearchGate
- 17. • J&K’s 2010Heritage Act filled a critical legislative gap for protecting tangible and intangible heritage. • The Act institutionalized heritage governance via a dedicated Authority and Executive Committee. • Strong legal tools exist, but implementation remains uneven due to awareness, funding, and capacity gaps. • Case studies like Mubarak Mandi highlight both the potential and pitfalls of heritage restoration Conclusion 17
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