Act Number: 52

Act Name: The Antiquities and Art Treasures Act, 1972

Year: 1972

Enactment Date: 1972-09-09

Long Title: An Act to regulate the export trade in antiquities and art treasures, to provide for the prevention of smuggling of, and fraudulent dealings in, antiquities, to provide for the compulsory acquisition of antiquities and art treasures for preservation in public places and to provide for certain other matters connected therewith or incidental or ancillary thereto.

Ministry: Ministry of Culture

Department:

Section 33: Amendment of Act 24 of 1958.
    In the Ancient Monuments and Archaeological Sites and Remains Act, 1958,--
             (i) in section 1, for sub-section (2), the following sub-section shall be substituted, namely:--
         "(2) It extends to the whole of India.";
             (ii) after section 2, the following section shall be inserted, namely:--
     "2A. Construction of references to any law not in force in the State of Jammu and Kashmir.-- Any reference in this Act to any law which is not in force in the State of Jammu and Kashmir* shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State.";
             (iii) in section 23,--
         (a) in sub-sections (2) and (4), for the words "compulsory purchase", the words "compulsory acquisition" shall be substituted;
         (b) in sub-section (3), for the words "compulsory purchase of any such antiquities at their market value", the words "compulsory acquisition of any such antiquities" shall be substituted;
             (iv) in section 26,--
         (a) in sub-section (1), for the words compulsory purchase of such antiquity at its market value", the words "compulsory acquisition of such antiquity" and for the words "to be purchased", the words "to be acquired" shall be substituted;
         (b) in sub-sections (2) and (3), for the words "compulsory purchase", the words "compulsory acquisition" shall be substituted;
             (v) in section 28, for sub-section (2), the following sub-section shall be substituted, namely:--
     "(2) For every antiquity in respect of which an order for compulsory acquisition has been made under sub-section (3) of section 23 or under sub-section (1) of section 26, there shall be paid compensation and the provisions of sections 20 and 22 of the Antiquities and Art Treasures Act, 1972 shall, so far as may be, apply in relation to the determination and payment of such compensation as they apply in relation to the determination and payment of compensation for any antiquity or art treasure compulsorily acquired under section 19 of that Act.".
Notes:
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh.
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