Vidhi Codex

section 37

Power to make rules.

The Goa Ancient Monuments and Archaeological Sites and Remains Act, 1978
Education197840 sections8 chapters
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Chapter VIII Chapter VIII

Statutory text
  1. (1) The Government may, by notification and subject to the condition of previous publication, make rules to carry out the purposes of this Act.
  2. (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 a 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 in which application for permission under section 18 or section 25 may be made and the particulars which they shall contain;
    • (e) the form and contents of the report of an archaeological officer, officer authorised by him or a licensee under clause (a) of sub-section (1) of section 22;
    • (f) the form and manner of preferring appeals under this Act, the fees to be paid therefor 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. (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 thousand rupees.
  4. (4) Every rule made under this section shall be laid as soon as may be after it is made before the Legislative Assembly of Goa, Daman and Diu, 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 Assembly agrees in making any modification in the rule or the Assembly agrees that 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.

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