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 rules9 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 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;
(c) the right of access of the public to a protected monument and the fee, if any, to be charged therefor;
*[(ca) the categories of ancient monuments or archaeological sites and remains, declared as of national importance, under sub-section (1) of section 4A;
(cb) the manner of making application for grant of permission under sub-section (1) of section 20D;
(cc) the category of applications in respect of which the permission may be granted and applications which shall be referred to the Authority for its recommendation, under sub-section (2) of section 20D;
(cd) the other matters including heritage controls such as elevations, facades, drainage systems, roads and service infrastructure (including electric poles, water and sewer pipelines) under sub-section (2) of section 20E;
(ce) the manner of preparation of detailed site plans in respect of each prohibited area and regulated area and the time within which such heritage bye-laws shall be prepared and particulars to be included in each such heritage bye-laws under sub-section (3) of section 20E;
(cf) salaries and allowances payable to, and the other terms and conditions of service of, the whole-time Chairperson and whole-time members, or fees or allowances payable to the part-time members, of the Authority under sub-section (1) of section 20H;
(cg) the form in which and time at which the Authority shall prepare an annual report giving full description of its activities for the previous year under section 20P;
(ch) the form and manner in which the Authority and competent authority shall furnish information to the Central Government under section 20Q;".]
[*Inserted vide Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010, Section 11]
(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 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.
| 