Power to make rules
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 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 unauthorized buildings;
(b) the grant of licenses and permissions to make excavations for archaeological purposes in protected areas, the authorities by whom, and the retractions and conditions subject to which, such licenses may be granted, the taking of securities from licensees and the fees that may be charged for such licensees;
(c) the right of access of the public to a protected monument and the fee, if any, to be charged therefore;
(d) the form and contends 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 application s for permission under section 19 or section 25 may be made and the particulars 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 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 sub-section (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 sub-section (2), with fine which may extend to five 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
