The Madras High Court on Thursday expressed shock and surprise over the Tamil Nadu Heritage Commission Act, 2012, not having been brought into force even after 12 years since its enactment by the State legislature and publication in the government gazette.
First Division Bench of Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy wrote: “Twelve years is not small a period for not implementing the Act. The very object of promulgating the Act will be frustrated if the same is not brought into force.”
The judges learnt about the non-implementation of the law during the hearing of a 2019 public interest litigation petition filed by Indian National Trust for Art and Cultural Heritage (INTACH). The case was filed for constitution of a heritage commission to preserve heritage structures in the State.
Representing INTACH, senior counsel N.L. Rajah complained to the court that though the 2012 Act required constitution of Tamil Nadu Heritage Commission, chaired by an eminent person with concern for heritage conservation, and comprising top government officials, no such body had been constituted.
However, filing a status report in response to the PIL plea, the State government told the court that though the entire Act was published in the government gazette on June 1, 2012, the exact date from which it would come into force had not yet been notified.
The status report further said that the government was taking steps to frame statutory rules under the 2012 Act, and that the law would be brought into force as and when the rules get framed. However, the judges said, “non framing of the rules is not an anathema for not implementing the Act.”
Taking note of the fact that the Act had received the Governor’s assent as early as on May 31, 2012, the Bench said: “The stand taken by the government for non implementation of the Act of 2012 for 12 years, does not augur well for the government... It is high time the government implements the Act.”
Further, pointing out that the State legislature had even amended the Act in 2017 despite it not having been brought into force till date, the judges said that the statutory rules under it could be framed even after bring the law into force and that its implementation need not be postponed further on that pretext.
“We hope and trust that the respondents shall take urgent steps for implementation of the Act of 2012 in its true letter and spirit and the appointed day would be published expeditiously, preferably by April 26, 2024. Steps may also be taken to formulate the rules,” the judges ordered and adjourned the PIL plea to April 26.
