(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;
Jurisdiction to try offences.
Certain offences to be cognizable.
V of 1898.
V of 1898. Special provision regarding fine.
Recovery of amounts due to Government.
Monuments and sites which have ceased to be protected monuments and protected areas.
Power to correct mistakes, etc.
Protection of action taken under this Act.
Power to make rules.
Gujarat Ancient Monument and Archaeological Sites and Remains Act, 1965.
[1965: Guj. 25
(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.
40. Save as expressly provided, the provisions of this Act shall be in addition to, and not in derogation of the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, in so far as it relates to entry 40 in List III in the Seventh Schedule to the Constitution of India, or any other law relating to that entry for the time being in force.
41. On the date of commencement of this Act, the following Acts shall be repealed, namely:-
(1) the Ancient Monuments Preservation Act, 1904, in its application to the State of Gujarat and in so far as it relates to entry 12 in List II and entry 40 in List III in the Seventh Schedule to the Constitution; and
(2) the Saurashtra Ancient Monuments Preservation Act, 1956; Provided that such repeal shall not affect.-
(a) the previous operation of any Act so repealed;
(b) any right, privilege, obligation or liability acquired, accrued or incurred under any Act so repealed;
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any Act so repealed, or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this Act had not come into force:
Provided further that, subject to the preceding proviso and section 3, anything done or any action taken (including any appointment or delegation made, notification, declaration, direction or order issued, rule or form framed, sanction, permission or licence granted or agreement executed) under any Act so repealed Application of certain other laws not barred. 24 of 1958.
Repeal and saving.
VII of 1904.
Sau. III of 1956.
Gujarat Ancient Monument and Archaeological Sites and Remains Act, 1965.
[1965: Guj. 25 shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act, and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act.