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Antiquities and Art Treasures Act 1972 Section 20

Title: Payment of Compensation for Antiquities and Art Treasures Compulsorily Acquired Under Section 19

State: Central

Year: 1972

.....such persons; (g) nothing in the Arbitration Act, 1940 (10 of 1940) shall apply to 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. (3) The arbitrator appointed under sub-section (1), while holding arbitration proceedings under this section, shall have all the powers of a Civil Court, shall trying a suit, under the Code of Civil Procedure, 1908, (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) reception of evidence of affidavits; (d) issuing commissions for the examination of witnesses.

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Antiquities and Art Treasures Act 1972 Section 24

Title: Power to Determine Whether or Not an Article, Etc., is Antiquity or Art Treasure

State: Central

Year: 1972

If any question arises whether any articles, object or thing or manuscript, record or other document is or is not an antiquity or is or 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 authorized 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.

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Antiquities and Art Treasures Act 1972 Section 2

Title: Definitions

State: Central

Year: 1972

.....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.

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Antiquities and Art Treasures Act 1972 Section 3

Title: Regulation of Export Trade in Antiquities and Art Treasures

State: Central

Year: 1972

(1) On and form the commencement of this Act, it shall not be lawful for any person, other than the Central Government or any authority or agency authorized by the Central Government in this behalf, to export and 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.

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Antiquities and Art Treasures Act 1972 Section 1

Title: Short Title, Extent and Commencement

State: Central

Year: 1972

(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 the provision.

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Antiquities and Art Treasures Act 1972 Section 19

Title: Power of Central Government to Compulsorily Acquire Antiquities and Art Treasures

State: Central

Year: 1972

.....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 given 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. (3) Where the owner of any antiquity or art treasure he 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.....

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Antiquities and Art Treasures Act 1972 Section 23

Title: Powers of Entry, Search, Seizure, Etc

State: Central

Year: 1972

(1) Any person, being an officer of Government, authorized 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. (2) The provisions of sections 102 and 103 of the Code of Criminal Procedure, 1898 (5 of 1898) relating to search and seizure shall, so far as may be, apply to searches and seizures under this section.

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Antiquities and Art Treasures Act 1972 Section 4

Title: Application or Act 52 of 1962

State: Central

Year: 1972

The Customs Act, 1962, shall have effect in relation to all antiquities and art treasures, the export of which by any person (other than the Central Government or any authority or agency authorized 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 authorized under that Act shall be made unless the Central Government on an application made to it in this behalf, otherwise directs.

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Antiquities and Art Treasures Act 1972 Section 14

Title: Registration of Antiquities

State: Central

Year: 1972

(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; (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.

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Antiquities and Art Treasures Act 1972 Section 30

Title: Application of Other Laws Not Barred

State: Central

Year: 1972

The provisions of this Act shall be in addition to, and not in derogation of, the provisions of the Ancient Monuments Preservation Act, 1904 (7 of 1904) or the Ancient Monuments and Archaeological Sites and Remains Act, 1958, (24 of 1958) or any other law for the time being in force.

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