AMASRA: 2.45 Section 25. Power of Central Government to control moving of antiquities.

2.45 Power of Central Government to control moving of antiquities

2.45.1 Bare Act Provision:

PROTECTION OF ANTIQUITIES

25. Power of Central Government to control moving of antiquities.―(1) If the Central Government considers that any antiquities or class of antiquities ought not to be moved from the place where they are without the sanction of the Central Government, the Central Government may, by notification in the Official Gazette, direct that any such antiquity or any class of such antiquities shall not be moved except with the written permission of the Director-General.

(2) Every application for permission under sub-section (1) shall be in such form and contain such particulars as may be prescribed.

(3) Any person aggrieved by an order refusing permission may appeal to the Central Government whose decision shall be final.

Section 25 of the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, empowers the Central Government to regulate the movement of antiquities to protect cultural heritage.

2.45.2 Central Government’s Power to Restrict Movement

As per Section 25(1) of the AMASR Act, if the Central Government believes certain antiquities or types of antiquities should not be moved from their location without approval, it can issue a public notice in the Official Gazette stating that moving these antiquities requires written permission from the Director-General of the Archaeological Survey of India. This provision ensures that significant antiquities remain in their original locations to preserve their cultural and historical context, preventing unauthorized removal or trafficking by requiring centralized approval, thus safeguarding Bharat’s heritage.

2.45.3 Application for Permission

As per Section 25(2) of the AMASR Act, anyone seeking permission to move the specified antiquities must submit an application in the format and with the details set by the Central Government. This provision standardizes the process for requesting permission to move antiquities, ensuring that applications are consistent and contain necessary information to enable informed decisions, promoting transparency and accountability in heritage management.

2.45.4 Appeal against Refusal

As per Section 25(3) of the AMASR Act, if the Director-General denies permission to move an antiquity, the person who applied can appeal to the Central Government, and its decision will be final and binding. This provision upholds fairness by providing a mechanism for individuals to challenge refusals, ensuring that decisions on moving antiquities are not arbitrary while maintaining centralized authority to protect national heritage.

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