Section 1 Short title, extent and commencement.
(1) This Act may be called the Antiquities and ArtTreasures Act, 1972.
(2) It extends to the whole of India.
(3) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint and different dates may be appointed for different provisions of this Act and fordifferent States and any reference in any such provision to the commencement of this Act shall beconstrued as a reference to the coming into force of that provision
Section 2 Definitions.
(1) In this Act, unless the context otherwise requires,--
(a) "antiquity" includes--
(1) (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;
(iv) any article, object or thing of historical interest;
(v) any article, object or thing declared by the Central Government, by notification in theOfficial Gazette, to be an antiquity for the purposes of this Act, which has been in existence fornot less than one hundred years; and
(II) any manuscript, record or other document which is of scientific, historical, literary oraesthetic 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 CentralGovernment by notification in the Official Gazette, to be an art treasure for the purposes of this Acthaving 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 solong 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.
Section 3 Regulation of export trade in antiquities and art treasures.
(1) On and from thecommencement of this Act, it shall not be lawful for any person, other than the Central Government orany authority or agency authorized by the Central Government in this behalf, to export any antiquity orart 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 accordancewith the terms and conditions of a permit issued for the purpose by such authority as may be prescribed
Section 4 Application of Act 52 of 1962.
The Customs Act, 1962, shall have effect in relation to allantiquities and art treasures, the export of which by any person (other than the Central Government or anyauthority or agency authorized by the Central Government) is prohibited under section 3 save in so far asthat Act is inconsistent with the provisions of this Act and except that (notwithstanding anythingcontained in section 125 of that Act) any confiscation authorized under that Act shall be made unless theCentral Government on an application made to it in this behalf, otherwise directs
Section 5 Antiquities to be sold only under a licence.
1[As from the date of expiry of a period of sixmonths from the commencement of this Act] no person shall, himself or by any other person on hisbehalf, carry on the business of selling or offering to sell any antiquity except under and in accordancewith 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 includeancient and historical records other than those declared by or under law made by Parliament, to be ofnational importance.
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