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Section 38

The Punjab Ancient And Historical Monuments And Archaeological Sites and Remains Act, 1964State Act of Punjab · Act 20 of 1964

(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) 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 grant of licences and permissions 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;

Power to correct mistake, etc.

Protection of action taken under the Act.

Power to make rules.

(c) the right of access of the public to a protected monument and the fee, if any, to be charged therefor;

(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 the particulars which they shall contain;

(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) 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 subsection (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 subsection (2), with fine which may extend to five thousand rupees;

(iii) in the case of a rule made with reference to clause (c) of subsection (2), with fine which may extend to five hundred rupees.

(4) Every rule made under this section shall be laid as soon as may be after it is made before 1[***] of the State Legislature while it is in session for a total period of ten 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, 2 [the Legislature] agree in making any modification in the rule or 3[the Legislature] 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.

39. The Ancient Monuments Preservation Act, 1904 (Central Act VII of 1904), shall cease to have effect in relation to ancient and historical monuments and archaeological sites and remains declared or deemed to be declared by or under this Act to be protected monuments or protected areas, except as respects things done or omitted to be done before the commencement of this Act.

1 The words "each House" omitted by the Adaptation of Punjab Laws order ,1970.

2 Substituted for the words "both Houses" by ibid.

3 Substituted for the words "both Houses" by ibid Repeal.

Where this provision sits

ActThe Punjab Ancient And Historical Monuments And Archaeological Sites and Remains Act, 1964
Section38
JurisdictionState of Punjab
StatusIn force as published by the source

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