Vijay Mallya might have an unlikely friend in the Archaeological Survey of India (ASI). Over a decade ago, in 2005, when he imported Tipu Sultan’s famed sword to India, and exported it without any license, Mallya was served a show cause notice by the Customs Department for exporting without informing the government, and not paying the duty for it. The tycoon, however, felt that since the sword was a matter of national pride, he should have been exempted.
In a revival of the Antiquities and Art Treasure Act, 1972, the ASI is mooting for the easing of existing norms for the import of antiquities by private players, apart from a host of other changes. A proposal has been sent to the Ministry of Culture, and a cabinet note is on the anvil.
The move, an ASI official said, was initiated to do away with several lacunae in the Act, commonly recognised as the Customs Act.
As per the Act, any private buyer that buys an antiquity of Indian origin and brings it to India must first acquire a license. This is granted on the basis of several factors, including the experience of the person in the art trade, the place of exchange of the art object, the name and the number of people involved, etc.
The amendments include the easing of customs duties for such imports, and tax exemptions and certain incentives. The registration process will also be simplified to ensure that private players aid the government in bringing back art objects.
“The ASI felt a need to simplify the Act, and make it more effective and implementable,” said an ASI official.
Domestic trade of antiquities is currently unregulated, as the Act is silent on it. The amendment will also aim at regulating the domestic trade of antiquities. Apart from that, a national-level database of such antiquities will come up.
The statutory authority of the Act is usually the Director General of the ASI, who decides what an antiquity or art treasure is. As per Section 2 of the Act, any coin, sculpture, painting, epigraph, art work, object from a building or cave and object of historical interest that is over one hundred years old, is defined as an antiquity.
In circle offices of the ASI around the country, where the DG is usually not present, the Act cannot be implemented by any officer below the position of a director. “Yet, several circle officers have been flouting the rule, declaring several antiquities as invalid leading to the thriving of the smuggling of art objects,” said the official.
A portal which will serve as a database of all sensitive art objects, including those that have been brought in by private individuals will be brought up. This will make for documentation and easier identification of art objects. Currently there is no nationwide database of the art objects housed with the ASI, state agencies, the National Museum and other such agencies.
Under the existing Act, antiquities are also given for temporary loans to other countries for display. Currently nine art objects have been given on loan to Singapore for 20 years; initially given on loan for 10 years, the objects got an extension for another 10 years. The new Act will also come up with a due process for such loans.
