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 Persons who licences have been revoked may sell antiquities to other licencees.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