عن الملكية الفكرية التدريب في مجال الملكية الفكرية إذكاء الاحترام للملكية الفكرية التوعية بالملكية الفكرية الملكية الفكرية لفائدة… الملكية الفكرية و… الملكية الفكرية في… معلومات البراءات والتكنولوجيا معلومات العلامات التجارية معلومات التصاميم الصناعية معلومات المؤشرات الجغرافية معلومات الأصناف النباتية (الأوبوف) القوانين والمعاهدات والأحكام القضائية المتعلقة بالملكية الفكرية مراجع الملكية الفكرية تقارير الملكية الفكرية حماية البراءات حماية العلامات التجارية حماية التصاميم الصناعية حماية المؤشرات الجغرافية حماية الأصناف النباتية (الأوبوف) تسوية المنازعات المتعلقة بالملكية الفكرية حلول الأعمال التجارية لمكاتب الملكية الفكرية دفع ثمن خدمات الملكية الفكرية هيئات صنع القرار والتفاوض التعاون التنموي دعم الابتكار الشراكات بين القطاعين العام والخاص أدوات وخدمات الذكاء الاصطناعي المنظمة العمل مع الويبو المساءلة البراءات العلامات التجارية التصاميم الصناعية المؤشرات الجغرافية حق المؤلف الأسرار التجارية أكاديمية الويبو الندوات وحلقات العمل إنفاذ الملكية الفكرية WIPO ALERT إذكاء الوعي اليوم العالمي للملكية الفكرية مجلة الويبو دراسات حالة وقصص ناجحة في مجال الملكية الفكرية أخبار الملكية الفكرية جوائز الويبو الأعمال الجامعات الشعوب الأصلية الأجهزة القضائية الموارد الوراثية والمعارف التقليدية وأشكال التعبير الثقافي التقليدي الاقتصاد التمويل الأصول غير الملموسة المساواة بين الجنسين الصحة العالمية تغير المناخ سياسة المنافسة أهداف التنمية المستدامة التكنولوجيات الحدودية التطبيقات المحمولة الرياضة السياحة ركن البراءات تحليلات البراءات التصنيف الدولي للبراءات أَردي – البحث لأغراض الابتكار أَردي – البحث لأغراض الابتكار قاعدة البيانات العالمية للعلامات مرصد مدريد قاعدة بيانات المادة 6(ثالثاً) تصنيف نيس تصنيف فيينا قاعدة البيانات العالمية للتصاميم نشرة التصاميم الدولية قاعدة بيانات Hague Express تصنيف لوكارنو قاعدة بيانات Lisbon Express قاعدة البيانات العالمية للعلامات الخاصة بالمؤشرات الجغرافية قاعدة بيانات الأصناف النباتية (PLUTO) قاعدة بيانات الأجناس والأنواع (GENIE) المعاهدات التي تديرها الويبو ويبو لكس - القوانين والمعاهدات والأحكام القضائية المتعلقة بالملكية الفكرية معايير الويبو إحصاءات الملكية الفكرية ويبو بورل (المصطلحات) منشورات الويبو البيانات القطرية الخاصة بالملكية الفكرية مركز الويبو للمعارف الاتجاهات التكنولوجية للويبو مؤشر الابتكار العالمي التقرير العالمي للملكية الفكرية معاهدة التعاون بشأن البراءات – نظام البراءات الدولي ePCT بودابست – نظام الإيداع الدولي للكائنات الدقيقة مدريد – النظام الدولي للعلامات التجارية eMadrid الحماية بموجب المادة 6(ثالثاً) (الشعارات الشرفية، الأعلام، شعارات الدول) لاهاي – النظام الدولي للتصاميم eHague لشبونة – النظام الدولي لتسميات المنشأ والمؤشرات الجغرافية eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange الوساطة التحكيم قرارات الخبراء المنازعات المتعلقة بأسماء الحقول نظام النفاذ المركزي إلى نتائج البحث والفحص (CASE) خدمة النفاذ الرقمي (DAS) WIPO Pay الحساب الجاري لدى الويبو جمعيات الويبو اللجان الدائمة الجدول الزمني للاجتماعات WIPO Webcast وثائق الويبو الرسمية أجندة التنمية المساعدة التقنية مؤسسات التدريب في مجال الملكية الفكرية الدعم المتعلق بكوفيد-19 الاستراتيجيات الوطنية للملكية الفكرية المساعدة في مجالي السياسة والتشريع محور التعاون مراكز دعم التكنولوجيا والابتكار نقل التكنولوجيا برنامج مساعدة المخترعين WIPO GREEN WIPO's PAT-INFORMED اتحاد الكتب الميسّرة اتحاد الويبو للمبدعين WIPO Translate أداة تحويل الكلام إلى نص مساعد التصنيف الدول الأعضاء المراقبون المدير العام الأنشطة بحسب كل وحدة المكاتب الخارجية المناصب الشاغرة المشتريات النتائج والميزانية التقارير المالية الرقابة
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القوانين المعاهدات الأحكام التصفح بحسب الاختصاص القضائي

The Antiquities and Art Treasures Act, 1972، الهند

عودة للخلف
أحدث إصدار في ويبو لِكس
التفاصيل التفاصيل سنة الإصدار 1972 تواريخ بدء النفاذ : 9 سبتمبر 1972 الاعتماد : 9 سبتمبر 1972 نوع النص نصوص أخرى الموضوع مواضيع أخرى

المواد المتاحة

النصوص الرئيسية النصوص ذات الصلة
النصوص الرئيسية النصوص الرئيسية بالإنكليزية The Antiquities and Art Treasures Act, 1972        
 The Antiquities and Art Treasures Act, 1972

The Antiquities and Art

Treasures Act, 1972 (Act No. 52 of 1972)

2

THE ANTIQUITIES AND ART TREASURES ACT, 1972

ARRANGEMENT OF SECTIONS

SECTIONS

1. Short title, extent and commencement.

2. Definitions.

3. Regulation of export trade in antiquities and art treasures.

4. Application of Act 52 or 1962.

5. Antiquities to be sold only under a licence.

6. Appointment of licensing officers.

7. Application for licence.

8. Grant of licence.

9. Renewal oflicence.

10.Maintenance of records, photographs and registers by licencees.

11.Revocation, suspension and amendment of licences.

12. Persons who licences have been revoked may sell antiquities to other licencees.

13. Power of Central Government to carry on the business of selling antiquities to the

exclusion of others.

14.Registration of antiquities.

15.Appointment of registering officers.

16.Application for registration and grant of certificate of registration.

17. Transfer of ownership, etc., of antiquities to be intimated to the registering

officer.

18. Provisions of sections 14,16 and 17 not to apply in certain cases.

19. Power of Central Government to compulsorily acquire antiquities and art

treasures.

20. Payment of compensation for antiquities and art treasures compulsorily acquired

under section 19.

21.Appeals against decisions of licensing officers and registering officers.

22.Appeals against awards of arbitrators.

23. Powers of entry, search, seizure, etc.

24. Power to determine whether or not an article, etc., is antiquity or art treasure.

25. Penalty.

26.Cognizance of offences.

27.Magistrate’s power to impose enhanced penalties.

28.Offences by companies.

29. Protection of action taken in good faith.

30.Application of other laws not barred.

31. Power to make rules.

32.Repeal.

33.Amendment of Act 24 of 1958.

3

THE ANTIQUITIES AND ART TREASURES ACT, 1972

(ACT NO. 52 OF 1972)1

(As modified upto April 1, 1975)

(9th September, 1972)

An Act to regulate the export trade in antiquities and art treasures, to provide for

the prevention of smuggling of, and fraudulent dealings in, antiquities, to

provide for the compulsory acquisition of antiquities and art treasures for

preservation in public places and to provide for certain other matters

connected therewith or incidental or ancillary thereto.

BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows:-

Short title, extent and commencement

1. (1) This Act may be called the Antiquities and Art Treasures Act,

1972.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central

Government may, by notification in the Official Gazette,

appoint and different dates may be appointed for different

provisions of this Act and for different States and any

reference in any such provision to the commencement of this

Act shall be construed as a reference to the coming into

force of that provision.

Definitions 2.

(I)

(1) In this Act, unless the context otherwise requires—

(a) “antiquity” includes

(i) any coin, sculpture, painting epigraph or other work

of art or craftsmanship;

(ii) any article, object or thing detached from a building

or cave;

(iii) any article, object or thing illustrative of science, art,

crafts, literature, religion, customs, morals or politics

in bygone ages;

1 Published in Gazette of India, Extraordinary, Part II, Section I, dated 9.09.1972.

4

(II

)

(iv)any article, object or thing of historical interest;

(v) any article, object or thing declared by the Central

Government, by notification in the Official Gazette, to

be an antiquity for the purposes of this Act,

which has been in existence for not less than one

hundred years; and

any manuscript, record or other document which is of scientific,

historical, literary or aesthetic value and which has been in

existence for not less than seventy-five years;

(b) “art treasure” means any human work of art, not

being an antiquity, declared by the Central Government

by notification in the Official Gazette, to be an art

treasure for the purposes of this Act having regard to

its artistic or aesthetic value:

Provided that no declaration under this clause

shall be made in respect of any such work of art so

long as the author thereof is alive;

(c) “export” means taking out of India to a place outside

India;

(d) “licensing officer” means an officer appointed as

such under section 6;

(e) “registering officer” means an officer appointed as

such under section 15;

(f) “prescribed” means prescribed by rules made under

this Act.

(2) Any reference in this Act to any law which is not in force in

any area shall, in relation to that area, be construed as a

reference to the corresponding law, if any, in force in that

area.

Regulation of export trade in antiquities and art treasures

3. (1) On and from the commencement of this Act, it shall not be

lawful for any person, other than the Central Government or

any authority or agency authorised by the Central

Government in this behalf, to export any antiquity or art

treasure.

(2) Whenever the Central Government or any authority or

agency referred to in sub-section (1) intends to export any

antiquity or art treasure such export shall be made only

under and in accordance with the terms and conditions of a

permit issued for the purpose by such authority as may be

prescribed.

Application Act 52 of 1962

4. The Customs Act, 1962, shall have effect in relation to all

antiquities and art treasures, the export of which by any person

5

antiquities and art treasures, the export of which by any person

(other than the Central Government or any authority or agency

authorised by the Central Government) is prohibited under

section 3 save in so far as that Act is inconsistent with the

provisions of this Act and except that (notwithstanding anything

contained in section 125 of that Act) any confiscation authorised

under that Act shall be made unless the Central Government on

an application made to it in this behalf, otherwise directs.

5. 1[As from the date of expiry of a period of six months from

the commencement of this Act], no person shall, himself or by

any other person on his behalf, carry on the business of selling

or offering to sell any antiquity except under and in accordance

with the terms and conditions of a licence granted under section

8.

Explanation.—In this section and in sections 7, 8, 12, 13,

14, 17, and 18 “antiquity” does not include ancient and

historical records other than those declared by or under law

made by Parliament to be of national importance.

Appointment of licensing officers

6. The Central Government may, by notified order,---

(a) appoint such persons, being gazetted officers of

Government, as it thinks fit, to be licensing officers for the

purposes of this Act;

(b) define the limits of the area within which a licensing officer

shall exercise the powers conferred on licensing officers by

or under this Act.

Application for licence 7. (1) Any person desiring to carry on, himself or by any other

person on his behalf, the business of selling or offering to

sell antiquities may make an application for the grant of a

licence to the licensing officer having jurisdiction.

(2) Every application under sub-section (1) shall be made in

such form and shall contain such particulars as may be

prescribed.

Grant of licence 8. (1) On receipt of an application for the grant of a licence under

section 7, the licensing officer may, after holding such

inquiry as he deems fit, grant a licence to the applicant

having regard to the following factors, namely:--

(a) the experience of the applicant with respect to trade in

antiquities;

(b) the village, town or city where the applicant intends to

carry on business;

1 Substituted by the Antiquities and Art Treasures (Amendment) Act, 1976 (82 of 1976), Section 2 with

retrospective effect from 4.06.1976.

6

(c) the number of persons already engaged in the business

of selling, or offering for sale of, antiquities in the said

village, town or city; and

(d) such other factors as may be prescribed:

31 of 1947 Provided that no licence shall be granted to the applicant if

he is convicted of an offence punishable under the Antiquities

(Export Control) Act, 1947 unless a period of ten years has

elapsed since the date of the conviction.

(2) Every licence granted under this section shall be on payment

of such fees as may be prescribed.

(3) Every licence granted under this section shall be for such

period, subject to such conditions and in such form and shall

contain such particulars, as may be prescribed.

(4) No application for the grant of a licence made under section

7 shall be rejected unless the applicant has been given a

reasonable opportunity of being heard in the matter.

Renewal of licence 9. (1) A licence granted under section 8 may, on an application

made by the licencee, be renewed by the licensing officer for

such period and on payment on such fees as may be

prescribed.

(2) No application made under this section shall be rejected

unless the applicant has been given a reasonable

opportunity of being heard in the matter.

Maintenance of records, photographs, and registers by

licencees.

10

.

(1) Every holder of a licence granted under section 8 or renewed

under section 9 shall maintain such records, photographs

and registers, in such manner and containing such

particulars, as may be prescribed.

(2) Every record, photograph and register maintained under

sub-section (1) shall, at all reasonable times, be open to

inspection by the licensing officer or by any other gazetted

officer of Government authorised in writing by the licensing

officer in this behalf.

Revocation, suspension and

amendment of licences.

11

.

(1) If the licensing officer is satisfied either on a reference made

to him in this behalf or otherwise that—

(a) a licence granted under section 8 has been obtained by

misrepresentation of an essential fact, or

(b) the holder of a licence, has without reasonable cause,

failed to comply with the conditions subject to which the

licence has been granted or has contravened any of the

provisions of this Act or the rules made thereunder.

Then, without prejudice to any other penalty to which the holder

7

of the licence may be liable under this Act, the licensing officer

may after giving the holder of the licence an opportunity of

showing cause, revoke or suspend the licence.

(2) Subject to any rules that may be made in this behalf, the

licensing officer may also vary or amend a licence granted

under section 8.

Persons whose licences have been revoked may sell antiquities to other licencees.

12

.

Notwithstanding anything contained in section 5, any person

whose licence has been revoked under section 11 may, after

making a declaration before the licensing officer, within such

period, in such form and in such manner, as may be prescribed,

of all the antiquities in his ownership, control or possession

immediately before such revocation, sell such antiquities to any

other person holding a valid licence under this Act:

Provided that no such antiquity shall be sold after the

expiry of a period of six months from the date of revocation of

the licence.

Power to Central Government to carry on the business of selling antiquities to the exclusion of others.

10 of 1897

13

.

(1) If the Central Government is of opinion that with a view to

conserving antiquities or in the public interest it is necessary

or expedient so to do, it may, by notification in the Official

Gazette, declare that with effect on and from such date as

may be specified in the notification, the Central Government

or any authority or agency authorised by the Central

Government in this behalf shall alone be entitled to carry on

the business of selling or offering for sale of antiquities.

(2) On the issue of a notification under sub-section (1),--

(a) it shall not be lawful for any person, authority or agency,

other than the Central Government or any authority or

agency authorised by the Central Government, to carry

on the business of selling or offering for sale any

antiquity on and from the date specified therein;

(b) the provisions of this Act, in so far as they relate to the

licensing of persons carrying on the business of selling or

offering for sale of antiquities shall cease to have effect

except as respects things done or omitted to be done

before such cesser of operation and section 6 of the

General Clauses Act, 1897 shall apply upon such cesser

of operation as if those provisions had been repealed by

a Central Act:

Provided that every licence granted under section 8 and in force

on the date aforesaid shall, notwithstanding that the period

specified therein has not expired, cease to be in force.

(3) Every person whose licence has ceased to be in force under

the proviso to clause (b) of sub-section (2) shall, within such

period, in such form and in such manner as may be

prescribed, make a declaration before the licensing officer of

8

all the antiquities in his ownership, control or possession

immediately before the date specified in the notification

issued under sub-section (1).

Registration of antiquities

14

.

(1) The Central Government may, from time to time, by

notification in the Official Gazette, specify those antiquities

which shall be registered under this Act.

(2) In specifying the antiquities under sub-section (1), the

Central Government shall have regard to the following

factors, namely:.—

(i) The necessity for conserving the objects of art;

(ii) The need to preserve such objects within India for the

better appreciation of the cultural heritage of India;

(iii) Such other factors as will, or are likely to, contribute to

the safeguarding of the cultural heritage of India.

(3) Every person who owns, controls or is in possession of any

antiquity specified in the notification issued under sub-

section (1) shall register such antiquity before the

registering officer—

(a) in the case of a person who owns, controls or

possesses such antiquity on the date of issue of such

notification, within three months of such date; and

(b) in the case of any other person, within fifteen days of

the date on which he comes into ownership, control or

possession of such antiquity,

and obtain a certificate in token of such registration.

Appointment of registering officers.

15

.

The Central Government may, by notified order—

(a) appoint such persons, as it thinks fit, to be registering

officers for the purposes of this Act; and

(b) define the limits of the area within which a registering

officer shall exercise the powers conferred on registering

officers by or under this Act.

Application for registration and grant of certificate of registration.

16

.

(1) Every person required to register any antiquity before the

registering officer under section 14 shall make an application

to the registering officer for the grant of a certificate of

registration.

(2) Every application under sub-section (1) 1[shall, in the case of

such antiquities or class of antiquities as the Central

1 Substituted by Antiquities and Art Treasures (Amendment) Act 1976 (82 of 1976), Section 3, w.e.f. 4.06.1976.

9

Government may, by notification in the Official Gazette,

specify, be accompanied] by such photographs of the

antiquity which is to be registered and by such number of

copies, not exceeding six, as may be prescribed and shall be

made in such form and shall contain such particulars as may

be prescribed.

(3) On receipt of an application under sub-section (1), the

registering officer may, after holding such inquiry as he

deems fit grant a certificate of registration containing such

particulars as may be prescribed.

(4) No application made under this section shall be rejected

unless the applicant has been given a reasonable

opportunity of being heard in the matter.

Transfer of ownership, etc., of antiquities to be intimated to the registering officer.

17

.

Whenever any person transfers the ownership, control or

possession of any antiquity specified in any notification issued

under sub-section (1) of section 14 such person shall intimate,

within such period and in such form as may be prescribed, the

fact of such transfer to the registering officer.

Provisions of sections 14, 16 and 17 not to apply in certain cases

18

.

Nothing in section 14 or section 16 or section 17 shall apply to

any antiquity kept—

(i) in a museum; or

(ii) in an office; or

(iii) in an archive; or

(iv) in an educational or cultural institution,

owned, controlled or managed by the Government 1[or by any

local authority or by any such body as the Central Government

may, for reasons to be recorded in writing, approve for the

purpose of this section by general or special order].

Power of Central Government to compulsorily acquire antiquities and art treasures.

19

.

(1) If the Central Government is of opinion that it is desirable to

preserve any antiquity or art treasure in a public place, that

Government may make an order for the compulsory

acquisition of such antiquity or art treasure.

(2) On the making of an order under sub-section (1) the

Collector of the district in which such antiquity or art

treasure is kept shall give notice to the owner thereof

intimating him of the decision of the Central Government to

acquire the same and it shall be lawful for the Collector to

take possession of such antiquity or art treasure, for which

purpose the Collector may use such force as may be

necessary.

1 Inserted by the Antiquities and Art Treasures (Amendment) Act 1976 (82 of 1976), Section 4 dated 4.06.1976.

10

(3) Where the owner of any antiquity or art treasure the

possession of which has been taken over by the Collector

under sub-section (2) objects to the taking over of such

possession, he may, within a period of thirty days from the

date on which such possession was taken over, make a

representation to the Central Government putting forth his

objections:

Provided that the Central Government may entertain the

representation after the expiry of the said period of thirty days,

if it is satisfied that the owner of such antiquity or art treasure

was prevented by sufficient cause from making the

representation in time.

(4) On receipt of any representation under sub-section (3), the

Central Government, after making such inquiry as it deems

fit and after giving to the objector an opportunity of being

heard in the matter shall, within a period of ninety days from

the date of receipt of the representation, either rescind or

confirm the order made by it under sub-section (1).

(5) Where any order made by the Central Government under

sub-section (1) is rescinded under sub-section (4) the

antiquity or art treasure shall be returned to the owner

thereof without delay and at the expense of the Central

Government.

(6) Where the order made by the Central Government under

sub-section (1) is confirmed under sub-section (4) the

antiquity or art treasure shall vest in the Central

Government with effect from the date on which the

possession thereof has been taken over by the Collector

under sub-section (2).

(7) The power of compulsory acquisition conferred by this

section shall not extend to any object, being an antiquity or

art treasure, used for bona fide religious observances.

Explanation.—In this section, “public place” means any place

which is open to the use of the public, whether on payment of

fees or not, or whether it is actually used by the public or not.

Payment of compensation for antiquities and art treasures compulsorily acquired

under section 19.

20

.

(1) Where any antiquity or art treasure is compulsorily acquired

under section 19, there shall be paid compensation, the

amount of which shall be determined in the manner and in

accordance with the principles hereinafter set out, that is to

say,—

(a) where the amount of compensation can be fixed by

agreement, it shall be paid in accordance with such

agreement;

(b) where no such agreement can be reached, the Central

Government shall appoint as arbitrator a person who is,

11

10 of 1940

or has been, or is qualified for appointment as, a Judge

of a High Court;

(c) the Central Government may, in any particular case,

nominate a person having expert knowledge as to the

nature of the antiquity or art treasure compulsorily

acquired to assist the arbitrator and where such

nomination is made, the person to be compensated may

also nominate an assessor for the same purpose;

(d) at the commencement of the proceedings before the

arbitrator, the Central Government and the person to be

compensated shall state what, in their respective opinion,

is a fair amount of compensation;

(e) the arbitrator shall, after hearing the dispute, make an

award determining the amount of compensation which

appears to him to be just and specifying the person or

persons to whom such compensation shall be paid and in

making the award he shall have regard to the

circumstances of each case and the provisions of sub-

section (2);

(f) where there is any dispute as to the person or persons

who are entitled to the compensation, the arbitrator shall

decide such dispute and if the arbitrator finds that more

persons than one are entitled to compensation, he shall

apportion the amount thereof amongst such persons;

(g) nothing in the Arbitration Act, 1940 shall apply to the

arbitration under this section.

(2) While determining the compensation under sub-section (1),

the arbitrator shall have regard to the following factors,

namely:—

(i) the date or the period to which the antiquity or art

treasure belongs;

(ii) the artistic, aesthetic, historical, architectural,

archaeological or anthropological importance of the

antiquity or art treasure;

(iii)the rarity of the antiquity or art treasure;

(iv)such other matters as are relevant to the dispute.

5 of 1908

(3) The arbitrator appointed under sub-section (1), while holding

arbitration proceedings under this section, shall have all the

powers of a Civil Court, while trying a suit, under the Code of

Civil Procedure, 1908, in respect of the following matters,

namely:--

(a) Summoning and enforcing the attendance of any

12

person and examining him on oath;

(b) Requiring the discovery and production of any

document;

(c) Reception of evidence on affidavits;

(d) Requisitioning any public record from any court or

office;

(e) Issuing commissions for the examination of witnesses.

Appeals against decisions of licensing officers and registering officers

21 (1) Any person aggrieved by a decision of a licensing officer under

section 8 or section 9 or section 11 or by a decision of a

registering officer under section 16 may, within thirty days

from the date on which the decision is communicated to him,

prefer an appeal to such authority as may be prescribed:

Provided that the appellate authority may entertain the

appeal after the expiry of the said period of thirty days, if it is

satisfied that the appellant was prevented by sufficient cause

from filing the appeal in time.

(2) On receipt of an appeal under sub-section (1), the appellate

authority shall, after giving the appellant an opportunity of

being heard, pass such orders as it deems fit.

Appeals against awards of arbitrators.

22

.

Any person aggrieved by an award of the arbitrator made

under section 20 may, within thirty days from the date on

which the award is communicated to him, prefer an appeal to

the High Court within whose jurisdiction he resides:

Provided that the High Court may entertain the appeal

after the expiry of the said period of thirty days if it is satisfied

that the appellant was prevented by a sufficient cause from

filing the appeal in time.

Powers of entry, search, seizure, etc.

23

.

(1) Any person, being an officer of Government, authorised in

this behalf by the Central Government, may, with a view to

securing compliance with the provisions of this Act or to

satisfying himself that the provisions of this Act have been

complied with—

(i) enter and search any place;

(ii) seize any antiquity or art treasure in respect of which

he suspects that any provision of this Act has been, is

being, or is about to be, contravened and thereafter

take all measures necessary for securing the production

of the antiquity or art treasure so seized in a court and

for its safe custody, pending such production.

Power to determine whether or not an article, etc., is

24

.

If any question arises whether any article, object or thing or

manuscript, record or other document is or is not an antiquity or

is not an art treasure for the purposes of this Act, it shall be

13

antiquity or art treasure

is not an art treasure for the purposes of this Act, it shall be

referred to the Director-General, Archaeological Survey of India,

or to an officer not below the rank of a Director in the

Archaeological Survey of India authorised by the Director-

General, Archaeological Survey of India and the decision of the

Director-General, Archaeological Survey of India or such officer,

as the case may be, on such question shall be final.

5 of 1898

(2) The Provisions of sections of 102 and 103 of the Code of

Criminal Procedure, 1898 (5 of 1898)1 relating to search

and seizure shall, so far as may be, apply to searches and

seizures under this section.

Penalty

52 of 1962

25

.

(1) If any person, himself or by any other person on his

behalf, exports or attempts to export any antiquity or art

treasure in contravention of section 3, he shall, without

prejudice to any confiscation or penalty to which he may

be liable under the provisions of the Customs Act, 1962 as

applied by section 4, be punishable with imprisonment for

a term which shall not be less than six months but which

may extend to three years and with fine.

(2) If any person contravenes the provisions of section 5 or

section 12 or sub-section (2) or sub-section (3) of section

13 or section 14 or section 17, he shall be punishable with

imprisonment for a term which may extend to six months

or with fine or with both and the antiquity in respect of

which the offence has been committed shall be liable to

confiscation.

(3) If any person prevents any licensing officer from inspecting

any record, photograph or register maintained under

section 10 or prevents any officer authorised by the

Central Government under sub-section (1) of section 23

from entering into or searching any place under that sub-

section, he shall be punishable with imprisonment for a

term which may extend to six months, or with fine, or with

both.

Cognizance of offences

26

.

(1) No prosecution for an offence under sub-section (1) of

section 25 shall be instituted except by or with the

sanction of such officer of Government as may be

prescribed in this behalf.

(2) No court shall take cognizance of an offence punishable

under sub-section (2) or sub-section (3) of section 25

except upon complaint in writing made by an officer

generally or specially authorised in this behalf by the

Central Government.

(3) No court inferior to that of a Presidency Magistrate or a

Magistrate of the First Class shall try any offence

1 See the Code of Criminal Procedure, 1973 (2 of 1974), Section 100.

14

punishable under this Act.

Magistrate’s power to impose enhanced penalties

5 of 1898

27

.

Notwithstanding anything contained in section 32 of the

Code of Criminal Procedure, 18981, it shall be lawful for any

Presidency Magistrate or any Magistrate of the First Class to

pass any sentence under this Act in excess of his power under

section 32 of the said Code.

Offences by companies

28

.

(1) Where an offence under this Act has been committed by a

company, every person who at the time the offence was

committed was in charge of, or was responsible to, the

company for the conduct of the business of the company,

as well as the company, shall be deemed to be guilty of

the offence and shall be liable to be proceeded against and

punished accordingly:

Provided that nothing contained in this sub-section shall

render any such person liable to any punishment under this Act

if he proves that the offence was committed without his

knowledge or that he exercised all due diligence to prevent the

commission of such offence.

(2) Notwithstanding anything contained in sub-section (1),

where an offence under this Act has been committed with

the consent or connivance of, or is attributable to, any

neglect on the part of any director, manager, secretary or

other officer of the company, such director, manager,

secretary or other officer shall also be deemed to be guilty

of that offence and shall be liable to be proceeded against

and punished accordingly.

Explanation.—For the purpose of this section.—

(a) “company” means any body corporate and includes a firm

or other association of individuals; and

(b) “director”, in relation to a firm, means a partner in the

firm.

Protection of action taken in good faith

29

.

No suit, prosecution or other legal proceeding shall lie against

the Government or any officer of the Government for anything

which is in good faith done or is intended to be done under this

Act.

Application of other laws not barred

7 of 1904 24 of 1958

30

.

The provisions of this Act shall be in addition to, and not in

derogation of, the provisions of the Ancient Monuments

Preservation Act, 1904 or the Ancient Monuments and

Archaeological Sites and Remains Act, 1958 or any other law

for the time being in force.

1 Code of Criminal Procedure, 1898 (5 of 1898) and now the Code of Criminal Procedure, 1973 (2 of 1974),

Section 100.

15

Power to make rules. 31

.

(1) The Central Government may, by notification in the Official

Gazette, make rules1 for the purpose of giving effect to the

provisions of this Act.

(2) In particular and without prejudice to the generality of the

foregoing power, such rules may provide for—

(a) the authority for issue of permit under sub-section (2)

of section 3;

(b) the form in which an application for the grant of a

licence may be made under sub-section (1) of section 7

and the particulars which such application shall

contain;

(c) the factors to which regard may be had while granting

a licence under sub-section(1) of section 8;

(d) the fees on payment of which, the period for which, the

conditions subject to which and the form in which a

licence may be granted under sub-section (1) of section

8 and the particulars which such licence shall contain;

(e) the fees on payment of which and the period for which

a licence may be renewed under sub-section (1) of

section 9;

(f) the records, photographs and registers which are to be

maintained under section 10 and the manner in which

such records, photographs and registers shall be

maintained and the particulars which such records,

photographs and registers shall contain;

(g) the nature of the photographs of the antiquity and the

number of copies thereof which shall accompany an

application for the grant of a certificate of registration

to be made under sub-section (1) of section 16 and the

form in which such application may be made and the

particulars which such application shall contain;

(h) the particulars which a certificate of registration

granted under sub-section (3) of section 16 shall

contain;

(i) the authority to which an appeal may be preferred

under sub-section (1) of section 21; and

(j) any other matter which has to be or may be

prescribed.

(3) Every rule made under this Act shall be laid, as soon as

1 Antiquities and Art Treasures Rules, 1973, GSR 405 (E) of 1973, dated 31.08.1973, Part II as amended by GSR

564 (E) dated 30.11.1978.

16

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 sessions, 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.

Repeal

3 of 1947

32 1. The Antiquities (Export Control) Act, 1947is hereby repealed.

2. For the removal of doubts it is hereby declared that every

licence issued under section 3 of the Act repealed under sub-

section (1) and in force at the commencement of this Act

shall, notwithstanding that the period specified therein has

not expired, cease to be in force.

Amendment of Act 24 of 1958

33

.

In the Ancient Monuments and Archaeological Sites and

Remains Act 1958—

(i) in section 1, for sub-section (2), the following sub-section

shall be substituted, namely—

“(2) It extends to the whole of India”;

(ii) after section 2, the following section shall be inserted,

namely:--

“2A.—Any reference in this Act to any law which is

not in force in the State of Jammu and Kashmir shall,

in relation to that State, be construed as a reference

to the corresponding law, if any, in force in that

State”;

(iii) in section 23,—

(a) in sub-section (2) and (4), for the words, “ compulsory

purchase”, the words, “compulsory acquisition” shall be

substituted;

(b) in sub-section (3), for the words “ compulsory purchase

of any such antiquities at their market value”, the words

“compulsory acquisition of any such antiquities” shall be

substituted;

(iv) in section 26.—

(a) in sub-section (1), for the words “compulsory purchase of

such antiquity at its market value”, the words

“compulsory acquisition of such antiquity” and for the

17

words, “to be purchased”, the words, “to be acquired”

shall be substituted;

(b) in sub-section (2) and (3) for the words ”compulsory

purchase” the words, “compulsory acquisition” shall be

substituted;

(v) in section 28, for sub-section (2), the following sub-section

shall be substituted, namely:—

“(2) For every antiquity in respect of which an order for

compulsory acquisition has been made under sub-section (3) of

section 23 or under sub-section (1) of section 26, there shall be

paid compensation and the provisions of sections 20 and 22 of

the Antiquities and Art Treasures Act, 1972 shall, so far as may

be, apply in relation to the determination and payment of such

compensation as they apply in relation to the determination and

payment of compensation for any antiquity or art treasure

compulsorily acquired under section 19 of that Act”


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