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17

Power to Central Government to control traffic in antiquities

Act: Ancient Monuments Preservation Act 1904

Section Provisions

THE ANCIENT MONUMENTS PRESERVATION ACT, THE ANCIENT MONUMENTS PRESERVATION ACT, 1904. ACT No. VII of 1904 [18th March, 1904] An Act to provide for the preservation of Ancient Monuments and objects of archaeological, historical or artistic interest. WHEREAS it is expedient to provide for the preservation of ancient monuments, for the exercise of control over traffic in antiquities and over excavation in certain places, and for the pro tection and acquisition in certain cases of ancient monuments and of objects of archaeological, historical or artistic interest TRAFFIC IN ANTIQUITIES 17. Power to Central Government to control traffic in anti quities.-----‑(1) If the (Subs. by A. O., 1937, for "G. G. in C.".)[Central Government] apprehends that antiquities are being sold or removed to the detriment of (Subs. by the Ancient Monuments Preservation (Arndt.) Act, 1950 (84 of 1950) s. 7, for "India".)[Pak istan) or of any neighbouring country, (Subs. by A. O., 1937, for "he".)[it] may, by notification(See Notification No. 110, dated 218th May, 1917, Gazette of India, 1917, Pt. I, p. 989, and Notification No. 1385, dated 8th July 1924, Gazette of India, 1924, Pt. I, p. 641.) in the (Subs. by A. O., 1937, for "Gazette of India".)[official Gazette], prohibit or restrict the bringing or taking by sea or by land of any antiquities or class of antiquities des cribed in the notification into or out of (Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for "the Provinces and the Capital of the Federation" which had been subs. by A.O., 1949, Arts. 3(2) and 4, for "British India".)[Pakistan] or any specified part of (Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for "the Provinces and the Capital of the Federation" which had been subs. by A.O., 1949, Arts. 3(2) and 4, for "British India".)[Pakistan]. (2) Any person who brings or takes or attempts to bring or take any such antiquities into or out of (Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for "the Provinces and the Capital of the Federation" which had been subs. by A.O., 1949, Arts. 3(2) and 4, for "British India".)[Pakistan] or any part of (Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for "the Provinces and the Capital of the Federation" which had been subs. by A.O., 1949, Arts. 3(2) and 4, for "British India".)[Pakistan] in contravention of a notification issued under sub section (1), shall be punishable with fine which may extend to five hundred rupees. (3) Antiquities in respect of which an offence referred to in sub‑section (2) has been committed shall be liable to confiscation. (4) An officer of Customs, or an officer of Police of a grade not lower than Sub‑Inspector, duly empowered by the (Subs. by A. O., 1937, for "L. G.",)[Central Government] in this behalf, may search any vessel, cart or other means of conveyance, and may open any baggage or package of goods, if he has reason to believe that goods in respect of which an offence has been committed under sub‑section (2) are contain ed therein. (5) A person who complains that the power of search men tioned in sub‑section (4) has been vexatiously or improperly exercised may address his complaint to the' [Central Government], and the (Subs. by A. O., 1937, for "L. G.",)[Central Government] shall pass such order and may award such compensation, if any, as appears to it to be just.