AMASRA: 2.46 Section 26. Purchase of antiquities by Central Government.

2.46 Purchase of antiquities by Central Government

2.46.1 Bare Act Provision:

26. Purchase of antiquities by Central Government.―(1) If the Central Government apprehends that any antiquity mentioned in a notification issued under sub-section (1) of section 25 is in danger of being destroyed, removed, injured, misused or allowed to fall into decay or is of opinion that, by reason of its historical or archaeological importance, it is desirable to preserve such antiquity in a public place, the Central Government may make an order for the 1[compulsory acquisition of such antiquity] and the Collector shall thereupon give notice to the owner of the antiquity 2[to be acquired].

(2) Where a notice of 3[compulsory acquisition] is issued under sub-section (1) in respect of any antiquity, such antiquity shall vest in the Central Government with effect from the date of the notice.

(3) The power of 3[compulsory acquisition] given by this section shall not extend to any image or symbol actually used for bona fide religious observances.

Footnote:

1. Subs. by s. 33, ibid., for “compulsory purchase of such antiquity at its market value” (w.e.f. 5-4-1976).

2. Subs. by s. 33, ibid., for “to be purchased” (w.e.f. 5-4-1976).

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

Section 26 of the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, empowers the Central Government to compulsorily acquire antiquities under specific conditions to protect them.

2.46.2 Compulsory Acquisition of Antiquities

As per Section 26(1) of the AMASR Act, if the Central Government believes that an antiquity listed in a Section 25 notification is at risk of being damaged, stolen, misused, or neglected, or if it considers the antiquity important enough to be preserved in a public place e.g., a museum, due to its historical or archaeological value, it can issue an order to compulsorily acquire the antiquity. The Collector must then notify the owner of the antiquity about the acquisition. This provision ensures that significant or endangered antiquities are protected by allowing the Central Government to take ownership, preserving Bharat’s cultural heritage for public benefit and preventing loss or degradation.

2.46.3 Vesting of Antiquities

As per Section 26(2) of the AMASR Act, once the Collector issues the notice of compulsory acquisition, the antiquity legally becomes the property of the Central Government starting from the date of the notice. This provision ensures immediate transfer of ownership to the Central Government upon notification, securing the antiquity’s status as national heritage and enabling its proper management and preservation.

2.46.4 Exemption for Religious Objects

As per Section 26(3) of the AMASR Act, The Central Government cannot compulsorily acquire any antiquity, such as an image or symbol, which is genuinely used for religious purposes, e.g., idols actively worshipped in temples. This provision respects religious sentiments by exempting actively used religious artifacts from compulsory acquisition, balancing heritage preservation with cultural and spiritual practices in Bharat.