Section 38 in Kerala Ancient Monuments and Archaeological Sites and Remains Act, 1968
38. Power to make rules.
- (I) The Government may, by notification 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 mining the foregoing 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 permissions 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 23;(e)the form in which applications for permission under section 19 or section 25 may be made and the particulars which they should contain;(f)the form and manner of 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)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 which may extend to three months, or with fine which may extent 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 thousand 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)Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid, or the session immediately following the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
