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Section 38 – The Ancient Monuments and Archaeological Sites and Remains Act,1958

The Ancient Monuments and Archaeological Sites and Remains Act,1958

38. Power to make rules

(1) The Central Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules1 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 anyoperation 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 protectedareas, the authorities by whom, and the restrictions and conditions subject to which, such licences maybe 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 chargedtherefor;

(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 theparticulars 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 becarried 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 mayextend 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 tofive 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 be laid for not less than thirty days before each House of Parliament as soon as possible after they are made, and shall be subject to such modifications as Parliament may make during the session in which they are so laid or the session immediately following.

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1. Ancient Monuments and Archaeological Sites and Remains Rules,1959, published in Gazette of India, Extraordinary vide dated 15.10.1959 Part II, Section 3(ii).

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The Ancient Monuments and Archaeological Sites and Remains Act,1958

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