Section 38 in Telangana Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1960
38. Power to make rules.
(1)The Government may, by notification in the [Telangana] [Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.] Gazette, make rules to carry out the purposes of this Act.(2)In particular, and without prejudice to the generality of 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 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 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)All rules made under this section shall, as soon as may be after they are made, be laid on the Table of both the Houses of the State Legislature for fourteen days and shall be subject to such modification, whether by way of repeal or amendment, as the State Legislature may make during the session in which they are so laid.
