 the antiquities (export control) amendment , bill, 1965 : a billfurther to amend the antiquities (export control) act, 1947 be it enacted by parliament in the sixteenth year of the republic of india as follows:-1 (1) this act may ,be called the antiquities (export control) short amendment act, 1965 title me! cnmmence-5 (2) it shall come into force on such date as the central govern· menl ment may, by notification in the offtcial gezette, appoint - ' 11 at imt z in section 2 of the antiquities (export control) act, 1947 amea4-(hereinafter referred to as the principal act),-ment of (a) for clause (a), the following clause shall be substituted, action 2-10 namely:-- (a) "antiquity" includes-(1) (i) any coin, sculpture, epigraph or other work of art or craftsmanahip,  (ii) any article, object or thinl detached frod1 a buildina or cave, (iii) any article, object or thing illuatrative of science, art, crafts, literature, religion, cultoms, mon1a or politics in bygone ages, s (i'v) any article, object or thing of historical interest, ('v) any article, object or thing declared by the central government, by notification in the 01bcial gazette, to be an antiquity for the purposes of tiiia act, which has been in existence ,for not less than one bund- 10 red years; and (ii) any manuscript, record or other document which is of scientific, historical, literary or aesthetic value which has been in existence for dot leas than seventy-five years;'; is (b) after dause (4), the following elause shall be idaerted, namely:-j  '(04) "board" means the board constituted under section 3d;'; (c) after clause (b), the following clauses shall be inserted~ 20 namely:-' '(c) "licensing committee" means an antiquities licensing committee constituted under sectioa 3a; (d) "prescribed" means ' prescribed by nalei made under this act' 25 ~_ 3 for section 3 of the principal act, the following ljec'tioaa aball tuiiaq of be substituted, namely:-~ ~ dew~ tioafor eetion 3 "3 no person shall export any antiquiq ekel)t under and in accord'ance with a licence granted under this act ~~­~q(, export without licence antiqultiel licensini commlttee 3a (1) the central govemment may, by dohctlod in '30 the ofllelal gazette, constitlltel at  m piiiees ai' it may deem nee  '" aa antiq~ lu;ensin, c~t_, conutilqr of two or more pedods who, in ita epbdo-,  ve ii)mdal jmowledp in matters reltine to antlqulti •  (2) the number and the term of o6;lce of, the manner of ftlling casual vacancies among, the proeedure to be followed in  the djsc:harge of their functions by, the aalaries and allbwances payable to and other matters connected with, th~ members of a licensing committee shall be sqch as may be prescribed 38 (1) for the p1ll'polle of hearinc appeals from the orden antiquiof llcea  n, committees, the ceatnl gov8i'iuiiedt may, by tiel appel-doti8catt_ in tile 0ib:ial gasette, eoaatitute a board to be called ~ the antiquities appellate board 10 (2) the board shall consist of the foll'owlng members, namely:-(a) such number of members not exceeding five, as the central government may think fit to appoint to the board to represent-! is (i) the national museum; (ii) the archaeological survey of india; (iii) the national archives of india; and :10 (w) such other interests as, in the opinion of the central government, ought to be represented on the board; (b) not more than two members ~ted in such manner as may be prescribed by the members ippointed under clause (4) (3) the central government shall nominate one of the members appointed under clau!@ (4) of sub-section (2) to be the chairman of the 1!oard (4) the term of aftice of, the manner of filung casual vacancies among, the procedure to be followed in the discharge of their functions by, the salaries and allowances payable to and other matters connected with, the members of the board shall be such as may be prescribed -  -3$ 3c (1) any person desiring to export any antiquity may gndtot apply in such form and together with such fees as may be pres- been_ eribed to a licensing committee for the grant at - licence etc (2) on receipt of an application under sub-lec:tion (1), the licensing committee may, after conducting an inquiry in such manner as may be prescribed-(a) grant a licence, subject to such conditi0n8 (includin, a condition for the deuv~ by ~'e applicant, at his own expense, to the central government, a replica, copy or other __ r~production of such size and nature as may be spec:lfted, of the antiquity) as it may deem ilt; or (b) refuse, for reasons to be recorded in writing, to ~ta~~ s (3) the licensing committee shall not impose any condition for the delivery of ~y replica, copy or other reproduction under clause (a) of sulb-section (2) unless it is satisfied that it is necessary for p~s of record and reference to keep such replica, copy or other reproduction 10 power to determine whether or not an article iaan antiqlllty appeals 3d (1) any person who is in doubt as to whether any article,' object or thing which he intends to export, or which is intended or about to be exported is or is not an antiquity for the purposes of this act, may refer the question, in such manner' as may be prescribed, to a licensing committee for a decision is (2) the licensing committee shall, after conducting an inquiry in such manner as may be prescribed, decide for reasons to be recorded in writing whether the article, object or thing in respect of which a reference has been made to it under subsection (1) is or is not an antiquity for the purposes of this act 20 3e (1) any person aggrieved by a condition imposed under " clause (a) of sub-section (2) of section 3c or by an order made under clause (b) of that sub-section or by a decision given under seetion 3d may· prefer an, appeal in sljch manner and within such time as may be prescribed to the board 25 (2) on receipt of an appeal under subsection (1) , the board may, after giving an opportunity to the ~ppellant to be heard and after making ~chinquiry, as may be ,necessary, pass such order as it thinks fit and the order of the board shall be final"'  30 substi-4 for section 4 of the principal act, the following section shall tiltionof be substituted, namely:"""; -\ newaection for-tlon '-appucatlon of ad 52 of 1962 "4 the customs act, 1962 shall have effect in relation' to an antiquities the export of which is probibi~ed under s~c~on 3, save in so far as that act is inconslstent with the prov1~10ns of 3s this act and, elccept that, the provisions of section 125 of that act notwithstanding, any confiscation authorised under that act' shall be· made, unless the central government, on an appucation to it in tlult behalf, otherwise directs" s in aection 5 of the principal act, in 8ub-section (1), for the amencl----words and figures "sea customs act, 1878, as applied by section 4", ment of the wards and figures "customs act, 1962" shall be substituted aectioll i • for section 6 of the principal act, the following bection shad subrti-s be substituted, namely: _ tution oil dewmic-tiollfor ectfon 8 10 '6 (1) if the person committing an offence under this act oj!ences is a company, every person who, at the time the offence was bycomcommitted was in oharge of, and was responsible to, the com- pam  pany for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be uable to be proceeded against and punished accordingly: is provided that nothing contained in this sub-section shall render any such person liable to such punishment provided in this act if he proves that the offence was committed without his knowledge or that he exercised au due diligence to prevent the commission of such offence 20 (2) notwithstanding anything contained in sub-section (1), where an offence under this act bas been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that tbe commissic?n of the offence is attributable to any negligence on the part  of, any director, manager, secretary or other officer of the company, such director, manager, secretary, or other ofbcer shall also be deemed to be guilty of that offence and shall be liable to, be proceeded  against and punished acaordingly ezpzanation-for the purposes of this section,-(a) "company" means a body corporate and fnclud~ a firm or other association of ,individuals; and (b) "director", in relation to a firm, means , p~ner in 30 the ftrm' '1 in section 7 of the principal act, for sub-section (2), the fol-amed4-lowing sub-sections shall be substituted, namely: -ment at iect10d , cc (2) in particular and without prejudic~ to the genera1it! of the foregoing power, such rules may provide for-35 (4) the number and the term of offtce of, tlnt manner of fullng casual vacancies among, the procedure to be fal-,  ~,  '::' 'j ,'" , , ~ ~ ~-~,-  -  - -~--   ~  \ : ",low~d ~ the disch~ge ~t their functions by the _aries ,and auowances payable to and' other j!dattelb c01dlected with, the members of licedbiilg committees; , \" • ''',   ;  ,  (b ~ the term of oftlce of, the lnaluter of ftrung diiual vacancies among, the procedure to be followed in the diacha!rge o~ their functions by, the salaries and' allowances payable to and other matters corinected with the members of the board;  ,      ,,'                       i' :'  "         ~ ' - ' - -   ~:         '       (c) the fann of application for the grant of a licence under section sc, the fees pa~ble and the manner in which 10 ,an inquiry may be made in respect of such applications;       (d) the manner in which any questiqn may be refer:-red udder section 3d;      (~) the form and manner and the time within which appeals may be preferred under section 3e and the man- is ner in which an inquiry may be made in respect of such appeals; and                  (j) any other matter which is to be, may be, or is re-           quired to ·be, prescribed under this act            (3) every rule made under this act shall be laid as soon 20      as may be after it is made, before each house of parliament    while it is in session for a total period of tliirty days w~ch      ~y be comprise4 in one session or in two suceeasive sessions,      an~ if, before the expiry of the sesaio!! in which it is 10 laid or      the session immediately lollowijig, both houaea agree in making 25      ~y 'modification ,in th~ rule or both houses                                                                    agree" that the      rule ~hould' not hi! made, the rule shah thereafter have eflect      o~y i~ such modlfied 'form or be of nolfleet, as- the ease may      be; so, however, that ey sueh modiftcatlon or andulment shall      be without prejudice to 'the' validity of , "anythia,                                                                          previously 3~      done udder that rule"    8 ,after section 7 of the principal act the following section shall be inserted, namely:-inaertt0ll, of new ' iectiion 7a  u7a- the centra[ government may, for purposes of record '" and reference make or take photographic or other copies or 35           reproductions 'of replicas, copies or other                                                                                                                                                                                                                nproductions                                                                                                                                                                                                                                                                                      c:je-         livered to it under this act"   power to "   make          ' ,   copies  , or repro ,',ducuqns  -·ot~u-, ·cils;';'etc   dellverect  tocentnl   gov81'd:- , ' , ' ,   menl ,       " the antiquities (export control) act, 1m7 was mtdedto pr0-vide for 'control of the export of valuable objectives o1ntiqu4lriul_'o~ ) historical interest experience ~ the working of the aet hu"abown ~t it is necessary to amend \he act in certain r,e '   -2 udder the act, the power to arut bcen<;ea for export of ~ti~  qtdues ia ~ ill the central government add the directoj: generii· of arahaaology is mthoriaec:l to-·4ecide whether ad article idtedded' fol' gpol!t sa an antiquity ~ dot b the purpoaes of the act in- the  cfreumstancea all applieationa for sport of antiquities bmre tebe releiftd to' the director general of azchaeology this creates dui-" culties for the intending· esporters md tile customs authorities besides consuming a great deal of time it is, therefore,propo&ed to· constitute licensing committees, at silc'h places as it may be deemed necessary, for the purpose of detennfnfng whether an article is an antiq!uity or not and also for granting licences for the export of antiquities it is also proposed to provide for an appellate authority to hear appeals from the orders of such lfcenafng committees 3 it is necessary to pres~ in the counuy copies, repijcm qr other reproductions of important antiquities allowed to be exported it ia proposed to jj18ke suitable ~o~ions for ~ purpose , 4 a coidldittee on arcblvallegislation set up by ,the ~ of  education recommended that it would be desirable to bring &1q)ressly   witbia tae purview of th~ act records and documepts, etc it is now p1'!oijoseci to bring records and documents of hiitorical, u_ryor ,_betk value wbichhavetbeen in eldstence fqr not less th~ aeveutyftve years within the purview of the act   , ,   -   5 the bill seeks to achieve the above objects m c chagla new delhi; the 24th february, 1965 proposed section 3a (1ride cla~e 3) provides for the constitution of antiquities· licensing committees at such places as the central government may deem necessary proposed section 3b (tride clause 3) provides for the constitution of appellate board for the purpose of hearing appeals from the orders of licensing committees ordinarily, the existing government ofticers will be 'appointed 88 mem, beri of the said committees and the said board however, the poeaibility of non-ofticials being appointed thereto cannot be ruled out ~us, some' expenditure may be involved from the conaoudated fund of india while it is ~ot possible to give any exact indication of such expenditure at this stage, it is considered tba~, such expenditure may come to about rs· 25~ooo per annum  president's ·recommendation under article 117 of the constitution of india[copy of letter no f4-11/63-c3/i, dated the 24th february, 1965 from 8hri m c chagla, minister of education to the secretary, ~k sabha] the president having been informed of the subject matter of the bill further to amend the antiquities (export control) act, 1947, recommends under article 117 (3) of the constitution the consideration of the bill in the lok sabha  ~randum regarding delegated legislation  ' clause 7 of the bill amends section 7 of the act to empower the central government to make rules in relation to certaijl additional matters the additional matters relate inter cdi4 to the number and term of otice of the members of antiqui~ lleenslng cbduditb!es' and of the antiquities appellate board, the procedure to be fbut)-w  ed by, the manner of filling casual vacancies among, the aalaries and allowances payable to such ,membel's 8ild:the manner in which inqwries ttlay be mde lh respect of ap9licattojis for grant of licences and in respect of appeals preferred' from o~ o'l lieensing committees til  1ila1:ter4 pertabl to prondure, fum or detail and, as iuch, the delegation of legislative power is of a normal ~baracter  extbacts nom tid almquitirs (export coln'bol) ac:r, 1947(31 01' 1947) i ' - - - - - - 2 ~ this act" unl_ ~ere is anything repu~ant iyl the sub;ect or ~~,_ ,,0-a'! , ~ (0) "antiquity" includes-, (i) any coin, sculp~, ma;~~ript, epigraph, or other work of art or craftsmanship, ' (ii) any article, object or thing detached from a building or cave, (iii) any article, object or thing illuatrative of idence, art, crafts, literature, religion, customs, morals or poutics in bygone ages, (it7) any article, object or thing declared by the central government by notification in the oftlcial gazette to be an antiquity for the purposes of this act,-which has been in existence for not lesarthan one hundred yeara; - - - - 3 no person shall export any antiquity except under the authority of a licence granted by the central government proju-bitiollgt elipol't app1iatioll of act 8at 1878 " all antiquities the export of which is prohibited under aection 3 shah be deemed to be goods of which the export bu heed prohibited under section 19 of the sea customs act, 18'18, and all the - ciit 18'11 jj provisions of that act shan have e1!ect accordingly, except that, the provisions of section 183 of that act notwithstanding, any confiscation authorised under that act shall be made, unless the central govemment, on appucation to it in such behalf, otherwise directs 5 (1) if any person exports at attempts to export an adtiquity in contravention of section 3, he shall, without prejudice to an, confiscation or penalty to which he may be hable under the pro'risiona of the sea customs act, 1878 as applied by section f, be punlsh- i al 1871 able with imprisonment for a term which may extend te one month,  or with fine which may extend to five thousand rupees, or with both  - - • if any question arises whether any article, object or thing hi power· td or is not an antiquity for the purposes of this act, it shall be referred detendide to the director general of archaeology in india, and bls decision w~ or  _ thereon &hall be flnal -----------------uti is_ u~ 7 (1)· - - power to  makerm-(2) in particular and without prejudice to the generauty of the foregoing power, such rules may prescribe the procedure for granting licences for the export of antiquities, and fix the fees payable on applications therefor    a bill further to amend the antiquities (export control) act, 1947   "" •           j •••                          --- (shri mc chagla, r minisur 0/ education) 