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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART Il—Section 3—Sub-section (1)

PUBLISHED BY AUTHORITY

NO 212] NEW DELHI, FRIDAY, AUGUST 31, 1973/BHADRA 9, 1895

Separate paging is given to this Part in order that it may be filed

as a separate compilation

MINISTRY OF EDUCATION AND SOCIAL, WELFARE (Archaeological Survey of India) New Delhi, the 31st August 1973

G.S.R. 405(E).—In exercise of the powers conferred by section 31 of the Antiquities and Art Treasures Act, 1972 (52 of 1972), the Central Government hereby makes the following rules, namely:—

1. Short title and commencement.—(1) These rules may be called the Anti- quities and Art Treasures Rules, 1973.

(2) They shall come into force in a State on the date on which the Act comes into force in that State.

2. Definitions.—(a) "Act" means the Antiquities and Art Treasures Act, 1972; (b) "Form" means a Form appended to these rules; (c) "Licensee" means a holder of a licence granted under the Act; (d) "Section" means a section of the Act, 3. Authority competent to issue permits under sub-section (2) of section 3.—

The Director-General shall be the authority competent to issue perrnit under section 3 for the export of any antiquity or art treasure.

Explanation.—For the purposes 0r this rule, the expression "Director-General" means the Director-General, Archaeological Survey of India and includes an officer not below the rank of the Director, Archaeological Survey of India.

(1231)

4. Form of application for licence to carry on business of selling antiquiti^.— Every application, lor a licence to carry on the business of selling or olfering to sell antiauitiesi, shall be made in Form 1 and shall be accompanied with a challan of Rs. 100/- in token of having paid the fee for the licence applied for.

5. Grant of licence under sub-section (1) of section 8.— (1) On receipt of an application for a licence to carry on the business of selling or ottering to sell the antiquities, the licensing officer shall, in addition to considering the factors mentioned in clauses (a), (b) and (c) oi sub-section (1) of section' 8 consider the bona fide intention of the applicant and jf satisfied about such Intention, may grant a licence to the applicant in Form II.

(2) Every licence granted under sub-rule (1) shall be valid for such period not exceeding throe years from the date of granting the licence as may be specified In the licence by the licensing officer.

6. Conditions of licence under rule 5.—Every licence granted under rule 5 shall be subject to the following conditions, namely:— (a) the licence shall not be transferable: Provided that where a licensee transfers his business to another person, the transferee may, on an application made in Form I be granted a fresh licence, without payment of a licence fee, for the unexpired period of the licence of the transferor, by the licensing officer, having to the factors mentioned in rule 5:

Provided that where a licenses transfers his business to another person, possession of the licensed premises of the deceased licensee may on an application made in Form I be granted a fresh licence with- ° il t^B y5l e nt oi a l i c e n ce fee, for the unexpired period of the licence of the deceased licensee, by the licensing officer, having regard to the factors mentioned in rule 5.

NOTE.—The grant of a fresh licence under the second proviso shall not be deemed to affect the rights of any other person over the business or business premises of the deceased licensee to which such other person may be lawfully entitled.

(b) Where a licensee enters into partnership in regard to the business covered by his licence, he shall report that fact to the licensing officer within thirty days of his entering into such partnership and shall get his licence suitably amended and thereupon the licensee and his partner shall be bound by the conditions of the licence.

(c) Where a firm in respect of which a licence is granted is dissolved every person who was a partner of that firm immediately before the dissolution shall, within ten days of such dissolution send a report thereof to the licensing officer.

(d) Where a licensee carries on' his business at more than one place, he

shall obtain a separate licence for each place.

(e) Where a licensee desires to shift the place of his business to a new premises during the currency of his licence, ho shall intimate his intention of so doing to the licensing officer at least fifteen days before the date from which he proposes to shift the premises of his business, specifying the address of the new premises and get his licence suitably amended and the licence shall, thereupon, be valid in relation to the new premises of his business.

(f) The licensee shall if fco required by the licensing officer permit the licensing officer's photographer to take photographs of antiquities in the possession of the licensee.

(g) The licensee shall cause his licence to be prominently displayed at

his licensed premises.

(h) The licensee shall submit to the licensing officer in Form III, a monthly return of sales and acquisition of antiquities, within fifteen days of the expiry of the month to which the return relates and shall alsOj on demand, within such time as the licensing officer may specify, produce such records.

(i) Where a licence is revoked or suspended under the Act, the licensee shall not be entitled to any compensation for such revocation or suspension, ncr shall he be entitled to claim refund of any sum paid in respect of his licence.

^ 7. Renewal of licence under sub-secllon (1) of section 9.—On an application made by the licence for the renewal of the licence and on payment of a fee of rupees fifty, the licence may be renewed for such further period not exceeding three years as the licensing officer may deem fit.

8. Maintenance of records, pnotographs and register by licensee, Every

licensee shall maintain the following records, namely;—

(a) a register of antiquities and art treasures in Form IV separately for each category of antiquity for which he has been authorised to carry on business of selling or offering to sell; and

(b) photo albums separately for each category of antiquities having clear photographs in at least post-card size, pasted in the album, together with a loose photograph bearing the serial number of his register.

9. Form of declaration under section 12 and period within which it shall be tttadej—Every person whose licence has been revoked under section 11 3hall make before the licensing officer.—

(a) a declaration in Form V, within fifteen days from the revocation of

his licence; and

(b) a declaration in Form VI, immediately after a period of six months

from the date of revocation of his licence.

10. Amendrrtent of licence.—A licence mav be waived or amended by thfe licensing oflicer suo, motu, or on an application made in that behalf by the licensee:

Provided that no amendment or variation shall be made suo motu by the licensing officer unless the licensee has been given a reasonable opportunity of being heard in the matter.

U. Application for certificate of registration under section 16.—(1) Every appli- cation for a certificate of registration under section 16 shall be made in Form VII to the registering officer having jurisdiction over the area In which the applicant resides.

(2) Every such application shall be accompanied by four copies of photographs in post-card or large size in sharp focus, of each antiquity in the applicants possession, and if so required by the registering officer, by an equal number of photographs of different sides, or facets of such antiquity.

12. Form of certificate of registration under section 18.—The certificate of regestration under section 16 shall be granted in Form VIII.

13. Transfer of ownership.—When any person transfers the ownership, control or possession of a registered antiquity to any other person, the transfer shall be intimated in Form IX by the transferor within fifteen days of the date of transfer to the registering officer having jurisdiction over the area where the transferor resides and also to the registring officer having jurisdiction over the areas where the transferee resides.

14. Appeal against a decision of the licensing officer or registering officer.— Any pcron 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, prefer an appeal to the Director General, Archaeological Survey of India.

The Antiquities and Art Treasures iRules, 1973

FORM I

Application for licence to carry on business of selling or offering to sell Antiquities.

(See rule 41

*1. Name and address of appllcant/g **2 Name and address of firm including its branches or collaterals and other

names (aliases) and addresses during the last 10 years.

3 Names and addresses of partners, if any, including adult members of the

family having an interest in, 01* share in. the business.

4. Addresses of showroom /sale premises. 5. Address of all godowns and reposHartes including residential premises of

the constituents.

6. T h e i°d

o^i e*o r

rw h i ch the applicant has been in business giving the detail

7. Whether the applicant/ flrm (including all constituents individually and jointly) was convicted of any offence punishable under the Antiquities (Export Control) Act, 1947, or in any other case involving theft or smuggling of antiquities. If so, details thereof may be stated.

8. Whether the applicant/firm (including all constituents individually or jointly) is a subject of proaecution/investigations/inquiry regarding the infringement of the Antiquities (Export Control) Act 1947 or the theft of antiquities or art treasures.

9. Whether all stock upto the date of application has been entered In the

applicant's register.

10. The village, town or city, including District and State, where the applicant

Intends to carry on the business.

11. Nature, i.e. details of the varieties of antiquities in which the applicant wishes to deal in, such as stone sculptures, metal-works, wood works, coins, paintings, jewellery and the like.

12. Category-wise list of all objects on hand claimed by the applicants to be antiquities including those which have been registered with registering officer.

IS. Proof of deposition of licence fee, i.e. treasury challan of Rs. 10/- payable Into the Account No bearing No dated

to be attached.

14. I declare that the above information is correct and complete to the best of my knowledge and belief. I/We also undertake to observe the pro- visions of the Antiquities and Art Treasures Act. 1972. and the rules made thereunder. I also enclose an attested** copy of the Income Tax Certificate for the preceding year (19 19 ) and the Registration No. of the business establishment. I also under- take to Intimate any change of address or acquisition of new godown within a week.* I also undertake to maintain such records, photographs and registers and furnish at my expense periodical returns with Buch particulars and photographs as may be required under the rules. I also undertake to make available every record, photograph and register maintained in this connection for the Inspection of the Licensing officer, or any other gazetted officer of Government authorized in writing by the licensing officer in this behalf.

Seal of the organization Name and Bignature of the applicant. Place Date

*Any change of address has to be promptly (within a week of shifting) Intimated

to the licensing officer).

•*To be attested by a gazetted officer with seal oi omce.

The Antiquities and Art Treasures [Rules. 1973

FORM II

Licence No.

Date of Issue.

Licence for carrying on the business of selling or offering to sell annuities

[See rule 5(1)]

Not transferable

( s on on of (address) has

Lm of RS 100 (Rupees one hundred) only as required by the rules.

f or t he Period of years with' effect 3ihru\*'/i< '„/ ' ' V " W ' V W.¹ ' ••llc.ens}ne officer, do hereby grant this licence under sub-rule (1) of rule 5 of the Antiquities and Art Treasures Rules 1873 jr-Om

The licence is granted subject to the provisions of the said Act, and rules and is further subject to the following conditions: —

(1) Accordingly licensee will deal only in the following categories of antiquities.

I ne area where the business will be carried on will be

(1) (21 (3)

(5) (Q) (7)

(4)

(8)

Seal of office Place Date

Signature Name Licensing Officer

(Designation)

The Antiquities and Art Treasures Pules, 1973

FORM III

Name of the firm (licensee)

Monthly return of safes or acquisition of antiquities

[See rule fl (h)l

I'or the month of

-" I. Serial Number

I- Serial Number

(in the register)

(in the register*)

j. Description of object with a photograph 2. Description of object with photograph-

•3, Addr"s" of person to whom sold. 3. Address of person from whom acquired. Seal of organization

"Signature of licensee

Date

Place

*The nationality of foreigners to whom an antiquity Is sold together with their addresses in India and at home and passport number should be recorded.

**In the case of a firm, the signature of the head of the organization.

The Antiquities and Art Treasures pules, 1973

FORM IV

Register of antiquities

[See rule 8(a)l

Antiquities such as stone sculpture/terracottas/mrtal rbjects/objects of hone and ivory/jewellery/woodwork/scals/medals/coins/pajntings/manuscrlpls/and tex- tiles.

6

5

2

I

4 Size

3 Material

Identification of

Serial No.

Date of acquisition

Approximate Age

objects and description

10

9

7

Registration No.

8

Mode of

acquisition

Price paid for acquisition

Source of acquisition Including the name of the person/firm from whom acquired with address

II

12

13*

14

Date of sale, if any Name and address Place were object is Date of registration if registered

kept

of person or firm to whom sold

16

15

17

Photo No. and page

Reference to photo album No.

Photographs in 6 x 6 cm. size

(To be pasted in the register¹)

•••In the case of a foreigner his addresses in India and at home and passport

number should also be recorded.

The Antiquities and Art Trcasurues Rules, 1973

FORM V

Declaration of stock of antiquities by licensee whose licence has been revoked (To be made within 15 days of the revocation)

[See rule 9 (a)1

Particulars of objects (Category-wise)

2

I

6

5

Approximate

Identification and

Serial No. in the

3 Material

4 Size

rAgc

register

Date of re- gistration, if regJEtereJ description of the object

7 Registration No.

Seal of the organization Signature of licensee Place Name of Firm Date

Licence No.

The Antiquities and Art Treasures Rules. 197."?

FORM VI Declaration of stock aj antiquities bv licensee -whose licence has been rerofced (to be made in KJX months immediately after the expiry of a period of six months from the date of revocation)

[See rule 9(b)]

Particulars of objects sold (category-wise)

. 4

2

I

3, .

The name and ad-

Serial No. in the

Date of sale The price at

which sold Register

dress of the licensed

firm/licensee to whom

Description of the objects with photograph

sold

Name'ot Firm

Licence No.

Seal of organization Signature of licensee place ^a te

The Antiquities and Art Treasures Pules, 1973

FORM VII

Application for registration of antiquities

(Sea rule 11)

1. Name of applicant (person or firm) 2. Address of applicant (person or firm) 3. Identification and description of object with four copies of photographs in post-card size.

4. Material 5. Size 6. Approximate date. 7. Source of acquisition. 8. Where the applicant has come into ownership, control or possession of any antiquity which is already registered under the Act, registration number or such antiquity and the name o[ registering officer, who had register- ed it.

9. Date of acquisition. 10. Mode of acquisition. 11. Price paid, if any. 12. (a) Present location and (b) Condition of preservation and security. 13. If the antiquity is already registered under the Act, whether its registra- tion certificate has been attached.

I declare that the above Information Is correct and complete to the best of my knowledge and belief. I also undertake to observe the provisions of the Antiquities and Art Treasures Act, 1072, and the rules made thereunder.

Name of the applicant

Seal of the organisation Signature Place Date

1. If the application Is on behalf of an organization, the name thereof should be given.

2. If the application is on behalf of an organization, the signature should be that of the head of that organization.

The Antiquities and Art Treasures (Rules, 1373

FOTSM VIII

Certificate, of registration of niili

{Sec rule 12)

Whereas

•• resident of

has applied for 'registration of the antiquity/antiquities mentioned below, and has undertaken to observe the provisions o£ the Antiquities and Art Treasures Act, 19(2, and the rules made thereunder.

T

"

registering officer do hereby (place)

grant this certificate under section 1(5 of the said Act to the said 'A,-Y;';;;, for the object described below together with authenticated photographs.

(1) Name of object (2) Material (3) Size (height and width) (4) Approximate Date (5) Location.

Signature

Name of registering officer The certificate is granted subject to the provisions of the said Act and the rules made thereunder and is further .subject to the condition that in the event of change of location of the antiquity from area of registration to another or its sale, the fact must be communicated by the owner to the registering officer, with the name and address of the person/flrm to whom/which it was sold or gifted. Seal of office Place Date

Designation

The Antiquities and Art Treasures Rules, 1973

FORM IX Transfer of ownership (See rule 13)

2

I

Name of owners

Address of owner Registration No.

^ 4 Serial No.

6

7

j Serial No. In register Name of object

Registration No.

8 Material

9 Size

12

II

10

Price offered

Address of purchaser

Firm or person to whom sold

Signature

Place Date Name of owner

Secretary

TNo, l|3|l|72-M|Art. Vol. IV.] M, M. DESHPANDE,

Dr. Gl. Archaeological of India and Ex-ojjlcio Jt. Secy-

HONTKD BY THI MANAGER, GOVIWNMTNT OF INDIA PRESS, MOTTO ROAD, NEW tBja AND PUBLI3HED BY THE CONTHOLLEB OF PUBLICATIONS. DELHI, 1973