REGISTERED No. D. 221 जिस्ट्री सं ० डी. 221
भारत का राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग II- खण्ड 2
PART II- Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
नई दिल्ली, बुधवार , प्रप्रैल 7 , 1965 /चैत्र 17 , 1887
सं० 20]
No. 20] NEW DELHI , WEDNESDAY , APRIL 7 , 1965 / CHAITRA 17 , 1887
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे यहग संकलन के रूप में रखा Separate paging is given to this Part in order that it may be filed as a separate compilation
LOK SABНА
The following Bill was introduced in Lok Sabha on the 7th April , 1965: -
BILL NO . 24 OF 1965
A Bill further to amend the Antiquities ( Export Control ) Act ,
1947 .
Be it enacted by Parliament in the Sixteenth Year of the Republic of India as follows: -
1. (1 ) This Act may be called the Antiquities ( Export Control ) Amendment Act , 1965 .
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Short title and commence- ment .
(2 ) It shall come into force on such date as the Central Govern- ment may , by notification in the Official Gazette , appoint .
31 of 1947.
2. In section 2 of the Antiquities (Export Control) Act , 1947 (hereinafter referred to as the principal Act ) .-
Amend- ment of section 2.
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(a) for clause ( a ) , the following clause shall be substituted , namely: -
' ( a ) " antiquity " includes-
( I) ( i ) any coin , sculpture , epigraph or other work of art or craftsmanship ,
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G of I Ex - I THE GAZETTE OF INDIA EXTRAORDINARY [PART II 344
(ii ) any article , object or thing detached from building or cave ,
5 (iii) any article , object or thing illustrative of science, art , crafts , literature , religion , customs , morale 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 the Official Gazette, to be an antiquity for the purposes of this Act , which has been in existence for not less than one hund- 10 red years; and
15 (II ) any manuscript , record or other document which is of scientific, historical, literary or aesthetic value which has been in existence for not less than seventy - five years;' ;
(b) after clause ( a) , the following clause shall be inserted, namely:-
' (ad) " Board" means the Board constituted under sec- tion 3B;';
20 (c) after clause ( b ) , the following clauses shall be inserted, namely: ---
'(c) "Licensing Committee " means an Antiquities Li- censing Committee constituted under section 3A;
25 (d) "prescribed " means prescribed by rules made under this Act .' .
3. For section 3 of the principal Act , the following sections shall be substituted , namely:-
Substi- tution of new sec- tions for section 8 .
"3. No person shall export any antiquity except under and in accordance with a licence granted under this Act.
Prohibi- tion of export without licence.
ze Antiqui- ties Licens- ing Com- mittees.
3A. ( 1 ) The Central Government may , by notification in the Official Gazette , constitute at such places as it may deem necessary , an Antiquities Licensing Committee consisting of two or more persons who , in its opinion , have special knowledge in matters relating to antiquities .
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(2) The number and the term of office of, the manner of filling casual vacancies among , the procedure to be followed in the discharge of their functions by , the salaries and allowances payable to and other matters connected with, the members of a Licensing Committee shall be such as may be prescribed.
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late Board.
3B. (1 ) For the purpose of hearing appeals from the orders Antiqui- of Licensing Committees , the Central Government may, by ties Appel notification in the Official Gazette, constitute a Board to be called the Antiquities Appellate Board.
(2) The Board shall consist of the following members , namely:-
(a) such number of members not exceeding five, as the Central Government may think fit to appoint to the Board to represent-
(i ) the National Museum;
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(ii ) the Archaeological Survey of India;
(iii) the National Archives of India; and
(iv) such other interests as , in the opinion of the Central Government , ought to be represented on the Board;
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(b) not more than two members co- opted in such man- ner as may be prescribed by the members appointed under clause (a) . :
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(3 ) The Central Government shall nominate one of the members appointed under clause (a) of sub-section (2 ) to be the Chairman of the Board .
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(4) The term of office of, the manner of filling casual vacan- cies among, the procedure to be followed in the discharge of their functions by , the salaries and allowances payable to and other matters connected with , the members of the Board shall be such as may be prescribed.
Grant of 3C. ( 1 ) Any person desiring to export any antiquity may apply in such form and together with such fees as may be pres- licences, cribed to a Licensing Committee for the grant of a licence.
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(2) On receipt of an application under sub-section ( 1 ) , the Licensing Committee may , after conducting an inquiry in such manner as may be prescribed-
(a) grant a licence , subject to such conditions ( includ- ing a condition for the delivery by the applicant, at his owa THE GAZETTE OF INDIA EXTRAORDINARY [PART II
346
expense , to the Central Government , a replica , copy or other reproduction of such size and nature as may be specified , of the antiquity ) as it may deem fit ; or
(b) refuse , for reasons to be recorded in writing , to grant a licence.
(3 ) The Licensing Committee shall not impose any condition for the delivery of any replica, copy or other reproduction under clause ( a ) of sub - section ( 2 ) unless it is satisfied that it is neces- sary for purposes of record and reference to keep such replica , copy or other reproduction.
3D. ( 1 ) Any person who is in doubt as to whether any article , object or thing which he intends to export , or which is intended or about to be exported is or is not an antiquity for the purposes of this Act , may refer the question , in such manner as may be prescribed , to a Licensing Committee for a decision . 15 Power to determine whether or not an article is an antiquity.
(2) The Licensing Committee shall , after conducting an inquiry in such manner as may be prescribed , decide for reasons to be recorded in writing whether the article , object or thing in respect of which a reference has been made to it under sub- section ( 1) . is or is not an antiquity for the purposes of this Act . 20
Appeals.
3E . ( 1 ) Any person aggrieved by a condition imposed under clause ( a) of sub - section ( 2) of section 3C or by an order made under clause ( b ) of that sub - section or by a decision given under section 3D may prefer an appeal in such within such time as may be prescribed to the Board. manner and
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(2) On receipt of an appeal under sub - section ( 1 ) , the Board may , after giving an opportunity to the appellant to be heard and after making such inquiry as may be necessary , pass such order as it thinks fit and the order of the Board shall be final." .
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4. For section 4 of the principal Act , the following section shall be substituted , namely : -
Substi- tution of new section for sec- tion 4.
tion ofAct 52 of 1962 .
35 "4. The Customs Act , 1962 shall have effect in relation to all antiquities the export of which is prohibited under section 3 , save in so far as that Act is inconsistent with the provisions of this Act and , except that , the provisions of section 125 of that Act notwithstanding , any confiscation authorised under that Act shall be made , unless the Central Government , on an application to it in that behalf , otherwise directs ." .
SEC. 2 ]
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8 of 1878 .
ment of Amend- section 5.
$2 of 1962 .
5. In section 5 of the principal Act , in sub - section ( 1 ) , for the words and figures "Sea Customs Act , 1878 , as applied by section 4" , the words and figures " Customs Act , 1962 " shall be substituted .
5 6. For section 6 of the principal Act , the following section shall be substituted , namely :-
Substi- tution of new sec- tion for section 6 .
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'6. (1 ) If the person committing an offence under this Act Offences is a company , every person who , at the time the offence was by com- committed was in charge of, and was responsible to , the companies . pany for the conduct of 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:
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Provided that nothing contained in this sub - section shall render any such person liable to such punishment provided in 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 .
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( 2 ) Notwithstanding anything contained in sub - section (1) , where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of , or that the commission of the offence is attributable to any negligence 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 acoordingly.
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Explanation . For the purposes of this section ,-
( a) " company " means a 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 .' .
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7. In section 7 of the principal Act , for sub - section ( 2 ) , the fol lowing sub - sections shall be substituted , namely : -
Amend- ment of section 7 .
" ( 2 ) In particular and without prejudice to the generality of the foregoing power , such rules may provide for-
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(a) the number and the term of office of , the manner of filling casual vacancies among , the procedure to be fol- THE GAZETTE OF INDIA EXTRAORDINARY [PART II 348
lowed in the discharge of their functions by, the salaries and allowances payable to and other matters connected with , the members of Licensing Committees;
(b) the term of office of, the manner of filling casual vacancies among, the procedure to be followed in the dis- 5 charge of their functions by, the salaries and allowances payable to and other matters connected with , the mem- bers of the Board;
(c) the form of application for the grant of a licence under section 3C , the fees payable and the manner in which to an inquiry may be made in respect of such applications ;
(d) the manner in which any question may be refer- red under section 3D;
I5 (e) the form and manner and the time within which appeals may be preferred under section 3E and the man- ner in which an inquiry may be made in respect of such appeals; and
(f) any other matter which is to be , may be, or is re- quired to be , prescribed under this Act .
25 (3 ) Every rule made under this Act shall be laid as soon 20 as may be after it is made , before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions , and if, before the expiry of the session in which it is so laid or the session immediately following, 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 30 done under that rule . " .
8. After section 7 of the principal Act , the following section shall be inserted, namely:-
Insertion of new section 7A.
"7A. The Central Government may , for purposes of record and reference, make or take photographic or other copies or reproductions of replicas , copies or other reproductions de- livered to it under this Act ." . 35 Power to make copies or repro- ductions of repli- cas, etc., delivered to Central Govern- ment, Sse . 21
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STATEMENT OF OBJECTS AND REASONS
The Antiquities ( Export Control ) Act , 1947 was intended to pro- vide for control of the export of valuable objects of antiquarian or historical interest . Experience of the working of the Act has shown that it is necessary to amend the Act in certain respects .
2. Under the Act , the power to grant licences for export of anti- quities is vested in the Central Government and the Director General of Archaeology is authorised to decide whether an article intended for export is an antiquity or not for the purposes of the Act . In the circumstances , all applications for export of antiquities have to be referred to the Director General of Archaeology . This creates diffi- culties for the intending exporters and the customs authorities , be- sides consuming a great deal of time . It is , therefore , proposed to constitute Licensing Committees , at such places as it may be deemed necessary , for the purpose of determining whether an article is an antiquity or not and also for granting licences for the export of anti- quities . It is also proposed to provide for an appellate authority to hear appeals from the orders of such Licensing Committees.
3. It is necessary to preserve in the country copies , replicas or other reproductions of important antiquities allowed to be exported. It is proposed to make suitable provisions for this purpose .
4. A Committee on archival legislation set up by the Ministry of Education recommended that it would be desirable to bring expressly within the purview of the Act records and documents , etc. It is now proposed to bring records and documents of historical , literary or aesthetic value which have been in existence for not less than seventy- five years within the purview of the Act.
5. The Bill seeks to achieve the above objects .
M. C. CHAGLA .
NEW DELHI;
The 24th February , 1966 .
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FINANCIAL MEMORANDUM
Proposed section 3A ( vide clause 3 ) provides for the constitution of Antiquities Licensing Committees at such places as the Central Government may deem necessary . Proposed section 3B ( vide clause 3) provides for the constitution of Appellate Board for the purpose of hearing appeals from the orders of Licensing Committees , Ordi- narily , the existing Government officers will be appointed as mem- bers of the said Committees and the said Board . However, the pos- sibility of non - officials being appointed thereto cannot be ruled out . Thus, some expenditure may be involved from the Consolidated Fund of India . While it is not possible to give any exact indication of such expenditure at this stage , it is considered that such expen- diture may come to about Rs . 25,000 per annum .
PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA
[Copy of letter No. F.4-11 / 63 - C.3 / I , dated the 24th February , 1965 from Shri M. C. Chagla, Minister of Education to the Secretary , Lok Sabha ].
The President having been informed of the subject matter of the Bill further to amend the Antiquities ( Export Control ) Act , 1947 , recommends under article 117 (3 ) of the Constitution the considera- tion of the Bill in the Lok Sabha .
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351
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 7 of the Bill amends section 7 of the Act to empower the Central Government to make rules in relation to certain additional matters . The additional matters relate inter alia to the number and term of office of the members of Antiquities Licensing Committees and of the Antiquities Appellate Board , the procedure to be follow- ed by , the manner of filling casual vacancies among , the salaries and allowances payable to such members and the manner in which in- quiries may be made in respect of applications for grant of licences and in respect of appeals preferred from orders of Licensing Com- mittees . These matters pertain to procedure, form or detail and, as such , the delegation of legislative power is of a normal character .
S. L. SHAKDHER ,
Secretary .
PRINTED IN INDIA , BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , 1965 - LS I - 30 G of I Ex - 14-4-65-2801