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Section 31: Power to make rules

The Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961.State Act of Karnataka · Act 7 of 1962

(1) The 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 therefor;

(c) the form in which applications for permission under section 20 or section 22 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) 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 1[two years]1, or with fine which may extend to 1[Rupees one lakh]1, 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 1[Rupees one lakh]1.

1. Substituted by Act 35 of 2024 w.e.f. 12.08.2024.

(4) Every rule made under this section shall be laid as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty 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, both Houses agree in making any modification in the rule or both Houses 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.

Where this provision sits

ActThe Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961.
Section31
Marginal notePower to make rules
JurisdictionState of Karnataka
StatusIn force as published by the source

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