Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Jharkhand - Section

Section 44 in Jharkhand Ancient Monuments and Archaeological Sites, Remains and Art Treasures Act, 2016

44. Power to make rules.

(1)The State Government may, by notification in the Official Gazette, make rules to carry out the purpose 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 building on land adjoining such monument and the removal of unauthorized building;
(b)The grant of licenses and permissions to make excavations for archaeological purposes in protected areas, the authorities, by whom and the restrictions and conditions subject to which , such licenses may be granted, the training of securities from licenses and the fees that may be charged for such licenses;
(c)The right of access of the public to a protected monument and the fee, if be charged thereof;
(d)The form and contents of the report of an archaeological officer or a licenses under clause (a) of sub -section (1) of section 22;
(e)The form in which application for permission under section 18 or section 24 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 twenty five thousand rupees or with both;
(ii)in the case or rule made with reference to clause (b) of sub-section (2), with fine which may extend to twenty 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 twenty five thousand rupees.
(4)Every rule made under this section shall be laid as soon as may be after it is made, before House of the State legislature 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 expiry of the session in which it is so laid or the session immediately following the House agree in making any modification in the rule or the House agree 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.