Policy on ancient monument, antiquity, art treasure and Treasure –trove in India

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The Ancient Monument and Archaeological Sites and Remain Act 1958 (AMASR Act 1958) was enacted by the Parliament with an aim ‘to provide for the preservation of ancient and historical monuments and archaeological sites and remains of national importance, for the regulation of archaeological excavations and for the protection of sculptures, carvings and other like objects’. This act was enacted after repealing (i) The ancient Monuments Preservation Act, 1904, (ii) The Ancient and Historical Monuments and Archaeological Sites and Remains (declaration of national importance) Act, 1951 and (iii) Section 126 of the States Reorganization Act, 1956.

As per the AMASR Act 1958, the following are the definitions of the ancient monuments and antiquity. 

(a) “ancient monument” means any structure, erection or monument, or any tumulus or place of interment, or any cave, rock sculpture, inscription or monolith, which is of historical, archaeological or artistic interest and which has been in existence for not less than one hundred years, and includes – 

(i) the remains of an ancient monument, 

(ii) the site of an ancient monument, 

(iii) such portion of land adjoining the site of an ancient monument as may be required for fencing or covering in or otherwise preserving such monument, and 

(iv) the means of access to, and convenient inspection of an ancient monument;

The definition of antiquity occurring in Ancient Monuments and Archaeological Sites and Remains Act 1958 has been 9 amalgamated with Antiquities and Art Treasures Act 1972 and discussed in later paragraphs. 

In the AMASR Act 1958, there are provisions to declare ancient monuments and sites to be of national importance, acquisition of protected monuments, excavations in unprotected areas, power to control the movement of antiquities, to compensate for loss or damage to a site or monument under private ownership and maintenance of monuments under private ownership after entering into an agreement. These provisions of the AMASR Act, 1958 will help in executing of the Mission’s agenda as thousands of monuments are either unprotected or under private ownership.  

(b) “antiquity” includes – 

(i) any coin, sculpture, manuscript, epigraph, or other work of art or craftsmanship, 

(ii) any article, object or thing detached from a building or cave, 

(iii) any articles, object or thing illustrative of science, art, crafts, literature, religion, customs, morals or politics in bygone ages, 

(iv) any article, object or thing of historical interest, and 

(v) any article, object or thing declared by the Central Government by notification in the Official Gazette, to be an antiquity for the purpose of this Act. 

which has been in existence for not less than one hundred years. 

Further, the Antiquities and Art Treasures Act, 1972 (AAT Act 1972) was enacted by the Parliament ‘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’. The AAT Act, 1972 repeals the Antiquities (Export Control) Act, 1947. 

As per the Antiquities and Art Treasures Act, 1972, the following are the definitions of antiquity and art treasure: 

(a) “antiquity” includes – 

(I) 

(i) any coin, sculpture, painting, 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 illustrative of science, art, crafts, literature, religion, customs, morals or politics in bygone ages; 

(iv) any article, object or thing of historical interest; 

(v) any article, object or thing declared by the Central Government by notification in the Official Gazette to be an antiquity for the purposes of this Act. which has been in existence for not less than one hundred years, and 

(II) any manuscript, record or other document which is of scientific, historical, literary or aesthetic value and which has been in existence for not less than seventy-five years; 

(b) “art treasure” means any human work of art, not being an antiquity, declared by the Central 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.

The Act prescribes export of antiquities by individuals and other organizations (other than by the Central Government) except in accordance with the terms and conditions of a permit to be issued by an authority notified under the Act. Further, all sales of antiquities can be done only under a license. The Act also stipulates that all such licenses have to maintain records and photographs in such manner as may be prescribed. The Act empowers the Government to notify specified antiquities that need to be registered for the purposes of preservation, safeguarding and conservation of cultural heritage, and makes it mandatory for the owners of these antiquities to register them. The Government also retains the right to compulsorily acquire the antiquities, though this right has hardly ever been exercised. 

The Act is implemented by the Archaeological Survey of India and ASI has appointed persons across the country vide Gazette notification GSR 282 (E) 5th April, 1976 to act as Registering Officers and further to accelerate the process of registration of antiquities and art treasures the Dy. S.As and ASAs of the ASI have also been empowered to exercise the powers conferred under the said Act vide Gazette notification GSR 73 1st March, 2005. 

There are apprehensions that antiquities are smuggled out for want of effective enforcement machinery and lack of knowledge about their importance and relevance. However, there is no way of knowing to what extent this control is flouted either wittingly or unwittingly. It is impossible to search every bag that leaves the country and every parcel that is posted. It is equally impossible to believe that a license has been sought in every case before an item has been shipped or flown to a foreign destination. 

Apart from these two legislations, the Indian Treasure –trove Act, 1878 is also operative for the purpose of acquisition of chance discoveries that defines ‘treasure’ as ‘anything of any value hidden in the soil, or in any thing affixed thereto’. Under this Act, the role of Collector is to receive notice from the finder of treasure and decide the ownership of the treasure. The Collector may also acquire the treasure on behalf of the Government or can divide the treasure or its value between the owner of the place and the finder in the ratio of 25 and 75 percent. 

Archaeological Survey of India

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