section 39
Power to make rules.
Ancient Monuments and Archeological Sites and Remains Act, Gujarat.Year 1965Chapter VI MISCELLANEOUS
(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 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 right of access of the public to a protected monument and the fee, if any, to be charged therefore;
(c) the form in which applications for permission under section 21 or section 23 may be made and the particulars which they should contain;
(d) the form and manner of preferring appeals under this Act, and the time within which they may be preferred;
(e) the manner of service of any order or notice under this Act;
(f) 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;
(g) any other matter which is required or allowed by this Act to 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 tine 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.
(4) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they arc made, and shall be subject to rescission by the State Legislature or to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.
(5) Any rescission or modifications so made by the Slate Legislature shall be published in the Official Gazette and shall thereupon take effect.
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