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MINISTRY OF EDUCATION AND SOCIAL
WELFARE
(Archaeological Survey of India)
New Delhi, the 31st August 1973
C.S.R. 405(E).- In exercise of the powers conferred by section
31 of the Antiquities and Art Treasures Act, 1972 {52 of 1972),
ihc Central Government, hereby makes the following rules, mimely:-
- Short title and commencement
- These rules may be called the Antiquities and Art Treasures
Rules, 1973.
- They shall come into force in a State on the date on which
the Act comes into force in that State. :
- Definitions
- "Act" means the Antiquities and Art Treasures
Act, 1972;
- "form" means a Form appended to these rules;
- "Licensee" means a holder of a licence granted
under the Act;
- "Section" means a section of the Act.
- Authority competent to issue permits under sub-section (2) of
section 3
The Director-General shall be the authority competent to issue
permit under section 3 for the export of any antiquity or art
treasure.
Explanation.- For the purposes of 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.
- Form of application for licence to carry on business of selling
antiquities
Every application for a licence to carry on the business of selling
or offering to sell antiquities, shall be made in Form I and shall
be accompanied with a challan of Rs. 100 in token of having paid
the fee for the licence applied for.
- Grant of licence under sub-section (1) of section 8
- On receipt of an application for a licence to carry on the
business of selling or offering to sell the antiquities the
licensing officer shall, in addition to considering the factors
mentioned in clauses (a), (b) and (c) of sub-section (1) of
section 8 consider the bona fide intention of the applicant
and if satisfied about such intention, may grant a licence
to the applicant in Form II
- Every licence granted under sub-rule (1) shall be valid
for such period not exceeding three years from the date of
granting the licence as may be specified in the licence by
the licensing officer.
- Conditions of licence under rule 5
Every licence granted under rule 5 shall be subject to the following
conditions, namely:-
- 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 licensee 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, without payment of a licence 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.
- Where a licensee enters into partnership in regard to the
business covered by his licence, he shall report that fact
to Lhe licensing officer wilhin 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 trie licence.
- 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.
- Where a licensee carries on his business at more than one
place, he shall obtain a separate licence for each
- Where a licensee desires to shift the place of his business
to a new premises duringhe currency of his licence, he 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.
- The licensee shall if so required by licensing officer permit
the licensing officer's photographer to lake photographs of
antiquities in the possession of the licensee.
- The licensee shall cause his licence to be prominently displayed
at his licensed premises.
- 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 also, on demand, within such time
as the licensing officer may specify, produce such records.
- Where a licence is revoked or suspended under the Act, the
licensee shall not be entitled to any compensation for such
revocation or suspension, nor shall he be entitled to claim
refund of any sum paid in respect of his licence.
- Renewal of licence under sub-section (1) of section 9
On an application made by the licencsee for the renewal of the
licence and on payment of a fee of rupees fifty, the licence may
be renewed for such lurther period not exceeding three years as
the licensing officer may deem fit.
- Maintenance of records, photographs and register by licensee
Every licensee shall maintain the following records, namely.-
- 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
- photo albums separately for each category of antiquity having
clear photographs in at least post-card size, pasted in the
album, together with a loose photograph bearing serial number
of his register.
- Form of declaration under section 12 and period within which
it shall be made
Every person whose licence has been revoked under section 11 shall
make before the licensing officer:-
- a declaration in Form V, within fifteen days from the revocation
of his licence; and
- a declaration in Form VI, immediately after a period of
six months from the date of revocation of his licence.
- Amendment of licence
A licence may be waived or amended by the licensing officer 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.
- Application for certificate of registration under section 16
Every application for a certificate of registration under section
16 shall be made in Form VII to the registering officer having
jurisdiction on 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 applicant's possession, and if so required by
the registering officer, by an equal number of photographs of
different sides, or facts of such antiquity.
- Form of certificate of registration under section 16
The certificate of registration under section 16 shall be grarited
in Form VIII.
- Transferor 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 with in fifteen days
of the date of transfer to the registering officer having jurisdiction
over the area where the transferor resides and also to the registering
officer having jurisdiction over the areas where the transferee
resides.
- Appeal against a decision of the licensing officer or registering
officer
Any person aggrieved by a decision of a licensing officer under
section 8 or seciion 9 or section 11 or by a decision of a registering
officer under seciion 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.
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