Power to make rules.

§41

Summary

(1) The State Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the forgoing power, such rules may provide for all or any of the following matters, namely :- (a) the prohibition, or regulation by licensing or otherwise, of mining, quarrying, excavating, blasting or any operation of a like nature near a protected monument, or the construction of buildings on land adjoining such monument and the removal of unauthorised buildings ; (b) the grant of licences and permission to make excavations for archaeological purposes in protected areas, the authorities by whom, and the restrictions and conditions subject to which, such licences may be granted, the taking of securities from licensees, and the fees that may be charged for such licences ; (c) the right of access of the public to a protected monument and the fee, if any, to be charged therefor ; (d) the form and contents of the report of an archaeological officer or a licensee under clause (a) of sub-section (1) of section 24 ; (e) the form in which application for permission under section 21 or section 25 may be made and the particulars which they should contain ; (f) the form and manner or preferring appeals under this Act, and the time within which they may be preferred ; (g) the manner of service of any order or notice under this Act ; (h) the manner in which excavations and other like operations for archaeological purposes may be carried on ; (i) the constitution, the term of office of the members and the procedure of the State Advisory Board and the travelling allowance payable to its members ; (j) any other matter which is to be or may be prescribed. (3) Any rule made under this section may provide that a breach thereof shall be punishable,- (i) in the case of a rule made with reference to clause (a) of sub-section (2), with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both; (ii) in the case of a rule made with reference to clause (b) of sub-section (2), with fine which may extend to five hundred rupees; (iii) in the case of a rule made with reference to clause (c) of sub-section (2), with fine which may extend to five hundred rupees; (4) All rules made under this section shall be laid before each House of the State Legislature as soon as possible after they are made, and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.

(1) The State Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the forgoing power, such rules may provide for all or any of the following matters, namely :- (a) the prohibition, or regulation by licensing or otherwise, of mining, quarrying, excavating, blasting or any operation of a like nature near a protected monument, or the construction of buildings on land adjoining such monument and the removal of unauthorised buildings ; (b) the grant of licences and permission to make excavations for archaeological purposes in protected areas, the authorities by whom, and the restrictions and conditions subject to which, such licences may be granted, the taking of securities from licensees, and the fees that may be charged for such licences ; (c) the right of access of the public to a protected monument and the fee, if any, to be charged therefor ; (d) the form and contents of the report of an archaeological officer or a licensee under clause (a) of sub-section (1) of section 24 ; (e) the form in which application for permission under section 21 or section 25 may be made and the particulars which they should contain ; (f) the form and manner or preferring appeals under this Act, and the time within which they may be preferred ; (g) the manner of service of any order or notice under this Act ; (h) the manner in which excavations and other like operations for archaeological purposes may be carried on ; (i) the constitution, the term of office of the members and the procedure of the State Advisory Board and the travelling allowance payable to its members ; (j) any other matter which is to be or may be prescribed. (3) Any rule made under this section may provide that a breach thereof shall be punishable,- (i) in the case of a rule made with reference to clause (a) of sub-section (2), with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both; (ii) in the case of a rule made with reference to clause (b) of sub-section (2), with fine which may extend to five hundred rupees; (iii) in the case of a rule made with reference to clause (c) of sub-section (2), with fine which may extend to five hundred rupees; (4) All rules made under this section shall be laid before each House of the State Legislature as soon as possible after they are made, and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.

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