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Section 39: Publication of rules, commencement of rules and notifications and placing of rules and notifications before the Legislature

The Tamilnadu Ancient and Historical Monuments and Archaeological Sites and Remains Act,1966State Act of Tamil Nadu · Act 25 of 1966

1. All rules made under this Act shall be published in the Fort St.George Gazette and, unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.

2. All notifications issued under this Act shall, unless they are expressed to come into force on a particular day, come into force on the day on which they are published.

3. Every rule made and notification issued under this Act shall, as soon as possible, after it is made or issued, be placed on the table of both Houses of the Legislature, and if, before the expiry of the session ….25 25 in which it is so placed or the next session, both Houses agree in making any modification in any such rule or notification, or both houses agree that the rule or notification should not be made or issued, the rule or notification 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 or notification.

40. Repeals and savings:

1. Any law corresponding to this Act in force in the added territories immediately before the commencement of this Act, including the Andhra Pradesh Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1960 (Andhra Pradesh Act VII of 1960) hereafter in this section referred to as the corresponding law, shall stand repealed on such commencement.

2. The Ancient Monuments Preservation Act, 1904 (Central Act VII of 1904) shall cease to have effect in relation to ancient monuments and archaeological sites and remains declared 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.

3. The repeal by Sub-section 1 of the corresponding law shall not affect.

i. The previous operation of the corresponding law or anything duly done or suffered thereunder; or ii. any right, privilege, obligation or liability acquired, accrued or incurred under the corresponding law; or ….26

26.

iii. any penalty, forfeiture or punishment incurred in respect of any offence committed against the corresponding law; or iv. any investigation, legal proceedings 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 been passed.

4. Notwithstanding the repeal by sub-section 1 of the corresponding law, all ancient monuments or archaeological sites and remains declared to be protected monuments or protected areas under the corresponding law shall be deemed to be ancient monuments or archaeological sites and remains declared to be protected monuments or protected areas under this Act.

5. Subject to the provisions of sub-sections 3 and 4, anything done or any action taken before the commencement of this Act under the corresponding law shall be deemed to have been done or taken under this Act and shall continue to have effect accordingly, unless and until superseded by anything done or any action taken under this Act.

6. For the purpose of facilitating the application of this Act in the added territories, any court or other authority may construe this Act with such alternations not affecting the substance as may be necessary or proper to adapt it to the matter before the court or other authority.

….27 27

7. Any reference to the corresponding law in any law which continues to be in force in the added territories after the commencement of this Act shall, in relation to those territories, be construed as a reference to this Act.

Explanation:- For the purpose of this section, the expression “added territories” shall mean the territories specified in the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries Act, 1959 Central Act 56 of 1959).

(By order of the Governor) T.S.Ramalingam Secy. To Govt.

Law Department /true copy/ Deputy Director

Where this provision sits

ActThe Tamilnadu Ancient and Historical Monuments and Archaeological Sites and Remains Act,1966
Section39
Marginal notePublication of rules, commencement of rules and notifications and placing of rules and notifications before the Legislature
JurisdictionState of Tamil Nadu
StatusIn force as published by the source

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