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Rajasthan Monuments, Archaeological Sites And Antiquities Rules, 1968

Rajasthan Monuments, Archaeological Sites And Antiquities Rules, 1968

The Rajasthan Monuments, Archaeological Sites And Antiquities Rules, 1968

 

[31 December 1968]

Published vide Rajasthan Notification Notification G.S.R 3, dated December 31, 1968

Education Department

In exercise of the powers conferred by Section 38 of the Rajasthan Monument, archaeological sites and antiquities Act, 1961 (Rajasthan Act 19 of 1961) and in supersession of the Notification of even number dated 28th September, 1966, published in the Rajasthan Rajpatra, Part 4 (C), dated 28th September, 1966, the State Government hereby makes the following Rules:-

CHAPTER 1 Preliminary

Rule - 1. Short title and extent :-

(1)     These rules may be called the [Rajasthan Monument, Archaeological Sites and Antiquities Rules, 1968].

(2)     They shall extend to the whole of the State of Rajasthan.

Rule - 2. Definitions :-

In these rules, unless the context otherwise requires-

(a)      "construction" means that construction of any structure and includes additions or alterations in an existing building.

(b)      "construction" means the preparation of copies by drawing or by photography or by mould or by squeezing and includes the preparations of a cinematographic film with the aid of a hand camera which is capable of taking films of not more than eight milimeters and which does not require the use of a stand or involve any special previous arrangements;

 

(c)      "document" means any record on stone, lead or copper plate etc., which is a work of art on craftmanship and is of historical value;

 

(d)      "filming" means the preparation of a cinematographic film with the aid of a camera which is capable of taking films of more than eight milimeters and which requires the use of a stand;

 

(e)      form" means a form set out in Schedule III;

 

(f)       "manuscript" means any hand-writing, in a book form or on a paper of leaf,which is a work of art or historical value:

 

(g)      "mining operation" means any operation for the purpose of searching for or obtaining of any mineral;

 

(h)     "record" means engraved letters on stone, land terracotta or copper plate etc.:

 

(i)       "section" means a section of the Rajasthan Monument, Archaeological Sites and antiquities Act, 1961;

 

(j)       "Schedule" means a schedule to these rules: and

 

(k)      words and expression not defined but used in these rules shall have the meanings respectively assigned to them under the Rajasthan Monuments, Archaeological Sites and Antiquities Act, 1961.

CHAPTER 2 Access to Protected Monuments

Rule - 3. Monuments governed by agreements etc :-

(1)     Access to protected monuments in respect of which an agreement has been entered into between the owner and the State Government under Section 5, or in respect of which a suit has been instituted in the Court of the District Judge under Section 8. shall be governed by the provisions of the agreement or as the case may be, the suit. and nothing in rules 4, 5, 6 or 7 shall be construed as affecting any such agreement or suit.

(2)     A copy of the relevant provisions of every such agreement or suit shall be exhibited in a conspicuous part of the monument.

Rule - 4. Parts of monuments not open :-

The Director may, by order, direct that any specified part of a protected monument shall not be opened, permanently or for a specified period, to any person other than an Archaeological Officer, his agents, sub-ordinates and workmen and any other Govt. servants on duty a such part.

Rule - 5. Monuments when kept open :-

(1)     [The protected monuments shall remain open during the hours specified by the Government from time to time. The protected monuments for which no specific order is issued by the Government and to which neither rule 3 nor rule 4 applies, shall remain open from sunrise to sun-set :

Provided that an archaeological officer may, by notice to be exhibited in a conspicuous part of the monument, direct that a protected monument or part thereof shall be closed temporarily for such period as may be specified in the notice.]

(2)     Nothing in this rule or in rule 4 shall apply to an Archaeological officer, his agents, subordinates and workmen or any other Government servant on duty at a protected monument.

Rule - 6. Entrance fee :-

 

(1)     Every visitor shall be required to pay the fee as mentioned in Part I of Schedule II for admission into Amber Palace, Nahargarh Fort, Jaipur and Mardana Palaces. Udaipur. The fee shall payable in cash at the gate of entry into the Palaces and Fort. No fee shall be chargeable from children upto the age of 7, Parties of students coining under the guidance of their teachers shall have entrance into the palaces and fort on apyment of a fee of ten Paisa only, provided that the Director may, by order, direct that on such occasions and for such period as may be specified in the order, no fee shall be charged for entry into palaces and fort or part thereof.

(2)     The fee shall be recovered from each visitor by a representative of the Directorate of Archaeological and Museums Rajasthan, Jaipur who shall issue a ticket in the form specified in Part II of the schedule II to each visitor authorising entry into Amber Palace, Nahargarh Fort, Jaipur and Mardana Palaces, Udaipur.

(3)     The State Government shall have a right to regulate the entry of visitors either on foot or on any conveyance or transport including a car, jeep, truck, bus, scooter. tempo or any other vehicle or elephant. horse or any other animal to Amber Palace and Nahargarh Fort: Jaipur."

(4)     The person plying cars, jeeps, elephants and other modes of conveyances on hire shall have to obtain a licensee from such authority and on such conditions as may be notified by the Government from time to time. The Govt shall have the right to regulate the rates charged by such persons from the visitors for the use of conveyance or transport on hire keeping in view the consideration that the visitor or an international traveller or tourist may know as to how much he would be required to pay.

Rule - 7. Holding of meetings etc. in monuments :-

(1)     No protected monument shall be used for the purpose of holding any meeting, reception part. conferences or entertainment except under and in accordance with a permission in writing granted by the Government of Rajasthan.

(2)     Nothing in sub-rule (1) shall apply to any meeting, reception party, conference or entertainment which is held in pursuance of a recognised religious usage or custom.

Rule - 8. Prohibition of certain acts within protected monument :-

No person, shall within a protected monument-

(a)      do any act which causes or is likely to cause damage or injury to any part of the monuments; or

 

(b)      discharge any fire-arms; or

 

(c)      cook or consume food except in areas, if any, permitted to be used for that purpose; or

 

(d)      hawk or sell any goods or wares or convass any cystinger for such goods or wares or display any advertisement in any form show a visitor round for monetary consideration, except under the authority of or under and in accordance with the conditions of a licensee granted by the Director or the Superintendent of Archaeology, Government of Rajasthan ; or

 

(e)      beg for alms; or

 

(f)       violate and practice, usage or custom applicable to or observed in the monument; or

 

(g)      bring, for any purpose other than the maintenance of the monument:-

 

(a)      any animal. Or

 

(b)      any vehicle, except in the areas reserved for the parking thereof.

Rule - 9. Licence required for copying certain monuments :-

The Director, may, by order, direct that no person other than an archaeological officer or an officer authorised by him in this behalf shall copy any specified protected monument or any class of protected monuments or any part thereof except under and in accordance with the terms and conditions of a licensee granted by an archaeological Officer.

Rule - 10. Conditions for copying other monuments :-

(1)     Any person may copy a protected monument other than such monuments in respect of winch an order has been made under Rule 9.

(2)     Nothing in sub-rule (1) shall be construed as authorising any person other than an Archaeological Officer or an officer authorised by him in this behalf, while copying any such monuments, to -

(a)      bring into or use, within the precincts of such monuments, a camera stand, stool chair, table, large drawing desk board, or any such appliance, or

(b)      erect any scaffolding within such precincts, or

(c)      use within such precincts any artificial light other than a flash light synchronised with the exposure of a camera, or

(d)      apply any extraneous matter. such as water, oil, grease or any moulding material in such monument or part thereof, or

(c)      prepare a direct tracing or mould or squeeze of such monument or part thereof except under and in accordance with the terms and conditions of a licensee in writing granted by an Archaeological Officer.

Rule - 11. Licence required for filming :-

No person shall undertake any filming operation at a protected monument or a part thereof except under and in accordance with the terms and conditions of a licensee granted under Rule 13.

Rule - 12. Application for licence :-

An application for licensee under rules 9, 10 and 11 shall be accompanied by the licensee fee specified in Schedule IV and shall be made to the Director in Form I at least one month before the proposed date of the commencement of any such operation.

Rule - 13. Grant or refusal of licence :-

On receipt of application under rule, the Director may grant a licensee in Form II or, if he is satisfied that the licensee asked for should not be granted, he may after recording the reasons therefor refuse to grant a licence.

Rule - 14. Terms and conditions for the grant of a licence :-

(1)     Nothing shall be done by the licensee which has or may have the effect or exposing any part of the protected monument and the lawns and gardens attached thereto, to the risk of any damage.

(2)     No extraneous matter such as water, oil, etc. shall be applied on any part of the monument.

(3)     The generating plate for electric power, wherever required shall be placed away from the monument and the attached lawns and gardens.

(4)     There shall be no noise or, unseeingly behaviour on the part of the performers.

(5)     There shall be no request for closing down the monument or any part thereof to the public even for a short period either to facilitate the operation or for opening the monument beyond the normal hours.

(6)     Nothing shall be done, which may hamper the free movement of the visitors to the monument.

(7)     Each number of party shall be allowed free entrance and conveyance at monument, where no such fees are charged from visitors.

(8)     No employee of the Department of Archaeology shall be expected to render any assistance beyond the normal attention paid by such employees to the visitors.

(9)     The licensee shall observe the provisions of rule 3 to 8.

(10)   Nothing shall be done to violate the customary rules prevailing at the monument or to use it for any purpose that may be inconsistent with his character.

(11)   Nothing which is likely to offend public sentiment shall be done.

(12)   All the provisions of the Rajasthan Monuments, Archaeological Sites and Antiquities Act, 1961 shall be observed.

(13)   In the event of licensee having been cancelled under these rules, no claim for the refund of the fee or any part thereof shall be entertained.

(14)   If however, under any circumstances the party fails to undertake the operation at the monument on the date specified in the application submitted earlier for the grant of licensee or if it does not wish to keep the monument engaged for the period for which fee stands already deposited (after having once begun the shooting operation at the monument). no fee or part thereof shall be refunded in either case.

(15)   The above rules shall not apply to bonafide visitors in possession of 8 m.m. Cine-camera not requiring the use of stands, who want to film a monument for the simple purpose of taking record films and with no intent on of utilising the monument as a part of any scene, provided that the prohibition contained in rule 3 above are observed and the use of artificial light including flash-light synchronisers shall not be allowed in the interior of a monument.

Rule - 15. Cancellation of licence :-

The Director my, by order and after giving notice to the licensee, cancel any licensee granted under Rule 13, if he is satisfied that any of the terms and conditions of the licensee has been contravened.

Rule - 16. Appeal :-

Any person aggrieved by an order of the Director under Rule 13 or Rule 15 may prefer an appeal to the State Government and the decision of that Government on such appeal shall be final.

Rule - 17. Penalties :-

Whoever,-

(i)       Unlawfully enters any protected monument or part thereof at a time when under these rules, it is not to be kept open; or

(ii)      Unlawfully enters such monument in respect of which an order has been made under Rule 4 or Rule 5; or

(iii)     Contravenes any of the provisions of rules 6, 7 and 8; or

(iv)    Copies or films of any protected monument or does any act in contravention of the provisions of rules 9, 10 and 11 or the terms and conditions of any licensee granted under Rule 13; shall be punishable with fine which may extend to one hundred rupees.

Rule - 18. Penalties of buildings, structures and other works controlled under Section 19 :-

Within the controlled area of a protected monument, the position, height, size, design, material, colour and screening etc. of the building, structure and other works above the ground shall be regulated by the following conditions:-

(a)      the new construction or structure shall not be in such a place and of such a height as might obstruct the external view of the protected monument:

(b)      the size of the new building or structure or works shall not be greater than that of the monument;

(c)      the design of the new construction or structure or works shall not allow any incongruities so as to be a patch work in the vicinity. when compared with the style used in the monument:

(d)      the materials used in the new construction shall not be different in quality from those used in the old building, structure or work:

(e)      the colour of the new construction, structure or works shall be in conformity with the one used in the monument;

(f)       the style of screens used, in any, in the new construction or structure or works would conform to the type used in the monument; and

(g)      the internal appearance of the building, structures and other works above ground within the controlled area of the monument shall fall in line with the external appearance of the protected monument, in the regulated area of which the alteration of extension of any buildings or structures or works take place.

CHAPTER 3 Constructions and Other Operations in Protected area etc

Rule - 19. Application for permission for construction or excavation etc. in protected areas :-

Every application for permission for:-

(i)       Construction of any building;

(ii)      Carrying out any mining, quarrying, blasting; or

(iii)     Excavating for archaeological or historical purposes: or

(iv)    Undertaking any other operation of the like nature, under Section 22, in any protected area, shall be made in Form 11 at least three months before the ate of the commencement of the proposed construction, operation excavation, etc. as aforesaid.

Rule - 20. Grant or refusal of licence :-

(1)     On receipt of an application under rule 19-

(a)      if such an application is for excavations for archaeological or historical purposes in any protected area, the Director shall obtain the previous approval of the Central Government with regard to the proposed excavation and may thereafter grant a licensee in Form IV for such purposes, subject to such rules and directions of the Central Government, if any, as the Central Government may make or give in this behalf in each case or generally, if the Director is satisfied that the applicant is competent by training and experience, to undertake the excavation and has adequate means, equipment and staff for the purpose;

(b)      if such an application is for excavation for purposes other than archaeological or historical purposes, or for construction of any building or for carrying of any mining, quarrying, blasting or any operation of a like nature, the Directors may grant, licensee in Form V, if he is satisfied that the construction of any building on or carrying and such operation is not likely to damage any protected monument or affect that value thereof, and the applicant has adequate training and means for the purpose for which he has applied.

(2)     Notwithstanding any thing contained in sub-rule (1) and subject to the provision of rule 23, no licensee shall be granted under this rule unless the applicant has paid the licensee fee specified in Schedule IV and furnished security of such amount not exceeding one thousand rupees as the applicant has adequate training and means for the purpose for which. he has applied.

(3)     The Director may for reasons to be recorded in writing refuse to grant a licensee in any particular case.

Rule - 21. Conditions for licence :-

Subject to such rules or directions, if any as the Central Government may make or give in this behalf, as provided under Section 24. every licensee granted under rule 20 shall be subject to the following conditions:-

(i)       it shall be non-transferable;

(ii)      it shall be in force for such period not exceeding two months as may be specified in the licensee :

Provided that the Director may, on application made to him at least one month before the expiry of the licence, extend the period of such licensee by such time as lie considers proper, subject to the condition that the period including the period originally fixed and the period so extended six months:

(iii)     the licensee shall give to the Director, the Collector of the district and the owner of the land to be excavated or in respect of which any operation as stated in rule 19 is to be carried on at least fifteen days notice in writing for the excavation or such operation;

(iv)    the licensee shall have to be present at site for at least 3/4th period of the aforesaid operation unless the Director by order exempts him from such presence;

 

(v)      the licensee shall not, without the permission of the Director. dismantle or disturb any structures or antiquites found during his operations under the licensee and shall make adequate arrangements for the safety of structures or antiquities till they are taken charge of by the Director. The licensee shall inform the Director or the owner of the land of the discovery of any such structure or antiquities. He shall also inform the Director or the owner of the land of the discovery of any such structure or antiquities. He shall also inform the Director of the discovery of any antiquity in Form VI.

 

(vi)    the licensees shall not subject to any antiquities discovered during his operations under the licence, to any chemical or electrical appliances of mining, without the permission of the Director;

 

(vii)   the licensee shall not impose any restriction on the inspection by any Archaeological Officer of his operations under the licensee or the structures or antiquities discovered during such operation. The licensee shall not also object to the taking of notes on or the filming of, the structures or antiquities so discovered, by an Archaeological Officer;

 

(viii)  the licensee shall give at least 15 days notice in writing to the Director before he discontinues his operations under the licensee unless the discontinuance of such operation is caused by causes beyond the control of the licensee or on account of the expiration of the period of licence.

 

(ix)    the licensee shall within three months of the completion of his operation under the licence, submit to the Director a summary of the result of the operations carried on by him and where the operations continue for more than three months, such report shall be submitted every quarter and it shall be open to the Director to publish the contents of the reports in his reports or reviews.

Rule - 22. Disposal of antiquities :-

(1)     Where, as a result of any excavation of operation carried on in any protected area, any antiquity is discovered, the Archaeological Officer or the Licensee, as the case may be, shall submit a report of such discovery to the State Government through the Director, personally or by post in Form III.

(2)     Unless the State Government, make an order under sub-section (3) of Section 25 of the Act, such antiquities shall be disposed in the following manner:-

(i)       antiquities other than rare antiquities shall be divided into two parts, one share shall go to the licensee and the other to the State Archaeological Department;

(ii)      rare antiquities shall be preserved in the Museum of the area or locality:

(iii)     all human relics of historical importance, or antiquities which are of National importance, shall be transferred to the Central Archaeological Survey.

Rule - 23. Exemption from security and other cognate matters :-

(1)     The Director may by order exempt a person or institution engaged in excavating or mining, blasting or quarrying operation, if such a person or institution is an expert in this line and is recognised by the Central Archaeological Survey as competent to carry out the work.

(2)     On the expiry of the excavation or operations under the licensee granted under rule 20 or the cancellation of such licensee under these rules, the security deposited by the licensee or the balance thereof in cases where some deduction or recovery has been made under these rules, shall be returned to him.

(3)     The Director may by order direct the deductions or recovery from the security mount furnished by the licensee under these rules

(i)       of the value of any antiquity recovered as a result of an excavation or operation carried on by a licensee under his licence, if such antiquity is lost or destroyed while in the custody of the licensee;

(ii)      of any compensation payable to the owner or occupier of the land in which the licensee has carried on any excavation or operation under the licence. (4) When during the currency of a licence, any amount has been deducted or recovered under this rule, the Director may require the licensee, within such time as he may specify, to deposit a further sum as equivalent to the amount deducted or recovered.

Rule - 24. Control of mining etc. to protect or preserve protected monument :-

(1)     The Director may by order fix the boundaries of the area in or near which any protected monuments stand, for the purpose of regulating mining, quarrying, excavating blasting and other operations of like nature, in order to protect or preserve any protected monument.

(2)     No person shall carry on any mining, quarrying, excavating blasting and other operations of like nature in the area fixed under sub-rule (1), except in accordance with the terms and conditions of a licensee granted under sub-rule (3).

(3)     An application for the grant of licensee required under sub-rule (2) shall be made to the Director, in Form VIII at least three months before the proposed date of commencement of any such operation.

(4)     On receipt of the application and the fees prescribed in Schedule IV. the Director may grant the licensee in Form IX containing the terms subject to which any such operation, as aforesaid, may be carried on in any such area fixed under sub-rule (I). The provisions of sub-rule (2) of rule 20 and of rules 21 and 23 shall apply. as far as may be. to the grant of a licensee under this sub-rule.

(5)     The Director may, if he is satisfied that the carrying on any such operation is dangerous to any protected monument, he may, after recording the ground of his opinion, refuse to grant the licensee applied for or he may cancel the same. if granted.

Rule - 25. Cancellation of a licence :-

The Director may by order cancel of licensee granted under rule 20 or rule 24, if he is satisfied that the conduct of any construction or as the case may be, of any operation has not been satisfactory in accordance with the terms and conditions of such licensee or is dangerous to any protected monument

Provided that no licensee shall be cancelled, unless the licensee has been given an opportunity of being heard.

Rule - 26. Appeal :-

Any person aggrieved by an order of the Director, under rule 20 or rule 24 or rule 25 may, prefer an appeal of the State Government. decision of the State Government on such appeal shall be final.

Rule - 27. Penalties :-

(1)     Whoever undertaken any construction, mining. quarrying blasting or any operation of a like nature or any excavation, in any protected area otherwise than under a licensee granted under rule 20 or contravenes any of the terms and conditions of such licence, shall be punishable with a fine which may extend to five thousand rupees.

(2)     Where the breach of any rule or condition of a licensee has been committed by the agent or servant of a licensee, the licensee himself shall be punishable as if he has himself committed such breach.

(3)     Whoever commits any breach of sub-rule (2) of Rule 24 or of any terms and conditions granted under sub-rule (4) thereof shall be punishable with fine which may extend to two hundred rupees.

CHAPTER 4 Protected Antiquities

Rule - 28. Declaration Antiquities :-

Every owner of a coin, sculpture, epigraph illustrated manuscript, picture, painting or any other work of art or, craftmanship, which is an antiquity, shall make a declaration to the effect that he or she has. with Wm or her any one or more of the above types of antiquities such a declaration would contain all relevant particulars pertaining to the size, material, title and chronology of the object. A photograph of each of these objects shall have to be kept by every owner together with a register of all such objects, in which all particulars relating thereto would be maintained. The declaration of his assets of the type mentioned by the owner would not mean that these would be confiscated or acquired compulsorily but these would be placed within the knowledge of scholars and art cities, if they desire to do so. This would be done in order to see the art and archaeological material of Rajasthan interpreted properly. Copies of photographs may be supplied by owners to scholars against cash payment but one set of such photographs may be supplied free of charge to the Director of his record in such cases where it is not possible for the party to supply such photographs the owner would send information to the Director that he has no objections if his objects are photographed by the department of Archaeology and Museum, the department shall arrange to have the objects photographed for reference purposes. After a list of such antiquities is received and photographic record of the objects are available the State Government may declare them as "Protected" under the Act. after issuing a notification in the Official Gazette in Form X and a copy of it would be sent to the respective owner.

Rule - 29. Application for moving antiquities :-

Every application for permission to move any antiquity or any class of any antiquities in respect of which a notification has been issued under sub-section (1) of Section 28 shall be made in Form XI to the Director at least three months before the proposed date of the moving of such antiquity.

Rule - 30. Grant. or refusal of permission :-

On receipt of an application under Rule 23, the Director may after making such enquiries as he may deem necessary, grant permission for the moving of all or any of the antiquities or. for reasons to be recorded. refuse such permission.

Rule - 31. Penalty :-

Any person,-

(i)       who fails to declare any antiquity under his ownership. as required by rules: or

(ii)      who moves any protected antiquity except with the written permission of the Director as required by sub-section (i) of Section 28 shall be punishable with fine which may extend to five hundred rupees.

CHAPTER 5 CHAPTER V

Rule - 32. Composition :-

(1)     The Board shall consist of the following members :

(i)       [The Minister/State Minister, Incharge of Archaeological and Museum Department;]

(ii)      [The Minister/State Minister, Incharge of Archaeological and Museum Department;]

(iii)     Director General of Archaeology in India or his nominee;

 

(iv)    Secretary to the Government, Education Department or his nominee;

 

(v)      Chief Engineer of Public Works Department, Rajasthan;

 

(vi)    Not more than two persons possessing special knowledge of Archaeology or keenly interested in the preservation of the cultural heritage, to be completed by the Board, as members; and

 

(vii)   The Director of Archaeology and Museum;

 

(2)     The Minister/State Minister, Incharge of Archaeological and Museum Department shall be ex-officio Chairman of the Board and when he is absent or for any other reason he is unable to act, the Dy. Minister of Education, Rajasthan shall act as Chairman. The Director shall be the member-Secretary of the Board.

 

(3)     The Vice-Chairman of the Board shall be elected by the Board and carry out the functions of the Chairman when the Chairman is absent or for any reason he is unable to act.

Rule - 33. Terms of office :-

(1)     The terms of office of the members of the Boards shall be three years. (2) Only the co-opted members shall be eligible for re-appointments by co-option.

Rule - 34. Meeting :-

(1)     The Board shall meet as and when considered necessary by the Chairman :

Provided that there shall be atleast one meeting in a year.

(2)     Special meetings may be called by Secretary on requesting by least one third members of the Board, if such requisition is addressed to the Secretary and is accompanied by a clear statement of the business to be transacted thereat, the Secretary shall, upon receipt of the requisition, call the special meeting as soon as may be practicable.

Rule - 35. Notice of meeting :-

The Secretary shall send the notice of meeting, together with the agenda, to the members at least 15 days before the date of the meeting, except in the case of special meeting wherefore such short notice, as may be practicable under the circumstances of the case, may be given.

Rule - 36. Quorum :-

(1)     At least one half of members shall be present to constitute quorum at any meeting.

Rule - 37. Procedure of business at a meeting :-

(1)     All questions shall be decided by a majority of the votes of members including Chairman or the Vice-Chairman, as the case may be, present and voting.

(2)     In all cases or equality of votes, the Presiding authority shall have a record vote. Votes shall be taken by a show of hands.

Rule - 38. Standing and ad-hoc committees :-

(1)     The Board shall be at liberty to form standing or ad-hoc committees and shall have power to appoint on an ad-hoc committee persons who are not members of the Board but who possess special knowledge and experience of the problems which the committees is required to examine.

 

(2)     Each standing or ad-hoc committee shall consist of three to six members who shall be appointed by the Board.

 

(3)     The quorum at any meeting of such committee shall be two third of the total numbers, present thereat. If such a quorum is not present at any meeting, it shall be adjourned to any convenient date and no quorum shall be necessary at the adjourned meeting.

 

(4)     The members shall elect amongst themselves a person as the President of their Committee at a meeting specially convened for the purpose.

 

(5)     The procedure of business at a meeting of the Board as stated in Rule 34 shall apply Mutatis-mutandis, to a meeting of such committee.

Rule - 39. Power of the State Government to dissolve and reconstitute the Advisory Board :-

(1)     If, at any time, the State Government is satisfied that the Advisory Board is not competent to perform its duties or has abused its powers or its continuance is not likely to serve any purpose, it may by order published in the Official Gazette and dissolve the Board :

 

Provided that no action shall be taken under the sub-section unless the Board has been afforded a reasonable opportunity submitting explanation and of being heard, if the Board so desires.

(2)     The board dissolved under sub-section (1) may be reconstituted by the State Government by order published in the Official Gazette.

 

(3)     The consequences of the dissolution of the Board under sub-section (1) shall be as if the term of the Board has expired under these rules.

CHAPTER 6 Miscellaneous

Rule - 40. Manner of preferring an appeal :-

(1)     Every appeal to the State Government under the Rajasthan Monuments, Archaeological Sites Antiquities Act, 61 or under these rules shall be in writing and shall be preferred within one months of the date of receipt of the order appealed against.

(2)     Every such appeal shall be accompanied by a copy of the order appealed against.

Rule - 41. Service of orders and notices :-

Every order made or notice issued under these rules shall,-

(a)      in the case of any order or notice of a general nature or affecting a class of persons, be published in the Official Gazette; and

 

(b)      in the case of any order or notice affecting corporation or firm, be served in the manner provided for the service of summons in Rule 2 of Order XXIX or Rule 3 of Order XXX, as the case may be, in the First Schedule to the Code of Civil Procedure, 1908; and

 

(c)      in the case of any order or notice affecting an individual person be served on such person,-

(i)       delivering or tendering it to the person concerned, or

(ii)      if it cannot be so delivered or tendered, by delivering or tendering it to any adult male member of the family of such person or by affixing a copy thereof on the outer door or some conspicuous part of the premises in which that person is known to have last resided or carried on business or personally worked for gain, or

(iii)     by sending it by registered post, acknowledgement due.