Section 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

Q: What does Section 38 of The Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010 (TAMASRAVA) deal with?

Section 38 TAMASRAVA pertains to "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". It is part of the The Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010, a legislation enacted by the Parliament of India. Section 38 of The Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010 (TAMASRAVA) governs 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. As verified on 19 May 2026.

Q: Is Section 38 TAMASRAVA still in force?

Yes, Section 38 of the The Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010 is currently in force across the Republic of India.

Q: What is धारा 38 TAMASRAVA?

धारा 38 TAMASRAVA is the Devanagari Hindi reference for Section 38 of the The Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010. Section 38 of The Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010 (TAMASRAVA) governs 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. As verified on 19 May 2026.

Q: What is Dhara 38 TAMASRAVA?

Dhara 38 TAMASRAVA is the Roman Hindi reference for Section 38 of the The Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010. "Dhara" means "Section" in Hindi. Section 38 of The Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010 (TAMASRAVA) governs 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. As verified on 19 May 2026.

Q: How to cite Section 38 of The Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010?

Cite as: "Section 38, The Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010 (TAMASRAVA)" in legal briefs. For academic writing, use the BlueBook format: The Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010, § 38 (India).

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(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 licenses and permissions to make excavations for archaeological purposes in protected areas, the authorities by whom, and the restrictions 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 licences;

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

(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)

[ Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive session, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, 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.] [Substituted by Act 4 of 2005, Section 2 and Sch. (w.e.f. 11.1.2005).]