AMASRA: 2.43 Section 23. Compulsory purchase of antiquities, etc., discovered during excavation operations.

2.43 Compulsory purchase of antiquities, etc., discovered during excavation operations:

2.43.1 Bare Act Provision:

23. Compulsory purchase of antiquities, etc., discovered during excavation operations.―(1) Where, as a result of any excavations made in any area under section 21 or section 22, any antiquities are discovered, the archaeological officer or the licensee, as the case may be, shall,―

(a) as soon as practicable, examine such antiquities and submit a report to the Central Government in such manner and containing such particulars as may be prescribed;

(b) at the conclusion of the excavation operations, give notice in writing to the owner of the land from which such antiquities have been discovered, of the nature of such antiquities.

(2) Until an order for the 1[compulsory acquisition] of any such antiquities is made under sub-section (3), the archaeological officer or the licensee, as the case may be, shall keep them in such safe custody as he may deem fit.

(3) On receipt of a report under sub-section (1), the Central Government may make an order for the 2[compulsory acquisition of any such antiquities].

(4) When an order for the 1[compulsory acquisition] of any antiquities is made under sub-section (3), such antiquities shall rest in the Central Government with effect from the date of the order.

Footnote:

1. Subs. by Act 52 of 1972, s. 33, for “compulsory purchase” (w.e.f. 5-4-1976).

2. Subs. by s. 33, ibid., for “compulsory purchase of any such antiquities at their market value” (w.e.f. 5-4-1976).

Section 23 of the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, governs the handling and compulsory acquisition of antiquities discovered during excavations under Sections 21 or 22.

2.43.2 Reporting and Notification of Discovered Antiquities

If antiquities, e.g., artifacts, relics, are found during excavations in protected or non-protected areas under Sections 21 or 22, then as per Clause (a) of the Section 23(1) of the AMASR Act, the archaeological officer or licensee must examine them and send a report to the Central Government as soon as possible, following the government’s specified format and details.

As per Clause (b) of the Section 23(1) of the AMASR Act, after finishing the excavation, the officer or licensee must inform the landowner in writing about the type and nature of the antiquities found. This provision ensures that discovered antiquities are promptly documented and reported to the Central Government, facilitating their protection and potential acquisition, while respecting property rights by notifying landowners, thus balancing archaeological preservation with transparency.

2.43.3 Safe Custody of Antiquities

As per Section 23(2) of AMASR Act, Until the Central Government decides to compulsorily acquire the antiquities, the archaeological officer or licensee must keep them safe in a manner they consider appropriate. This provision safeguards discovered antiquities by requiring secure storage until the government decides their fate, preventing loss, damage, or theft and ensuring their preservation for potential national ownership.

2.43.4 Compulsory Acquisition Order

As per Section 23(3) of the AMASR Act, after receiving the report about the discovered antiquities, the Central Government can issue an order to compulsorily acquire those antiquities. This provision empowers the Central Government to take ownership of significant antiquities to protect Bharat’s cultural heritage, ensuring that valuable artifacts are preserved for public benefit rather than remaining in private hands.

2.43.5 Vesting of Antiquities

As per Section 23(4) of the AMASR Act, once the Central Government issues an acquisition order, the antiquities legally belong to the government from the date of the order. This provision ensures that compulsorily acquired antiquities are officially transferred to the Central Government’s ownership, securing their status as national heritage and enabling proper management and preservation.