CULTURAL PROPERTY ACT

Arrangement of Sections

1. Short title.

PART I

EXPORT OF CULTURAL PROPERTY

2. Prohibition of export of cultural property except upon licence.

3. Application for licence to export cultural property.

4. Appeal against refusal of licence.

5. Penalty for export of cultural property without permission.

6. Delegation of powers and duties of the Controller.

PART II

ESTABLISHMENT OF THE CULTURAL PROPERTY BOARD

7. Establishment of the Cultural Property Board.

8. Constitution of the Board.

9. Meetings and quorum of the Board.

10. Power of the Board.

PART III

REGISTRATION OF CULTURAL PROPERTY

11. Minister to specify the categories of cultural property to be registered.

12. Registration of cultural property in private possession.

13. Government Agent to be the registering officer.

14. Applications for certificate of registration.

15. Grant of certificate of registration.

16. Transfer of ownership of any registered cultural property to be intimated to the registering.

17. Penalty.

PART IV

LICENCE TO DEAL IN CULTURAL PROPERTY

18. Licence to deal in cultural property.

19. Section-19

20. Person whose licences have been cancelled may sell cultural property to other licences.

21. Liability of person contravening Sections 18, 19 and 20 of this Act.

PART V

POWERS AND DUTIES OF ARCHAEOLOGICAL COMMISSIONED

22. Powers of Archaeological Commissioner.

23. Duties of the Archaeology Commissioner.

24. Power of inspection of cultural property.

25. Direction by the Archaeological Commissioner.

26. Authorisation of Government Agents and other officers to exercise powers of Archaeological Commissioner.

PART VI

GENERAL

27. Section-27

28. Regulation.

29. Interpretation.

73 of 1988.

AN ACT to provide for the control of the export of Cultural Property to provide for a scheme of licensing to deal in cultural property and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 17th December, 1988]

1. Short title.

This Act may be cited as the Cultural Property Act.

PART I

Export of Cultural Property

2. Prohibition of export of cultural property except upon licence.

(1) No person shall, except upon a licence in the prescribed form issued by the Controller of Exports (hereinafter referred to as the "Controller”) and upon the payment of a prescribed fee export or attempt to export any cultural property from Sri Lanka.

(2) This section shall have effect as if it formed part of the Customs Ordinance and the provisions of that Ordinance shall apply accordingly.

3. Application for licence to export cultural property.

(1) Every application for a licence under section 2 shall be made to the Controller in the prescribed form and shall be accompanied by a statement from the Archeological Commissioner stating that he has no objection to the issue of such licence to the applicant.

(2) The Controller may refuse to issue a license where—

(a) the Archaeological Commissioner in the statement issued by him objects to the issue of such licence; or

(b) he is of opinion that any cultural property sought to be exported is a property which is required for museum in Sri Lanka.

4. Appeal against refusal of licence.

(1)Any person aggrieved by the refusal of the Controller to issue any licence under section 3 may appeal against such refusal to the Secretary to the Ministry in charge of the subject of Cultural Affairs (hereinafter referred to as the "Secretary”) against such refusal.

(2) The Secretary may in dealing with any appeal preferred to him under subsection (1), affirm or set aside the decision of the Controller against which the appeal has been preferred.

5. Penalty for export of cultural property without permission.

If any person, himself or by another person on his behalf exports or attempts to export any cultural property in contravention of section 2, he shall, without prejudice to any forfeiture or penalty to which he may be liable under the provisions of the Customs Ordinance, be guilty of an offence and shall, upon conviction after summary trial before a Magistrate, be liable to a fine not exceeding five thousand rupees or to imprisonment of either description for a period not exceeding three years or to both such fine and imprisonment.

6. Delegation of powers and duties of the Controller.

(1) The Controller may delegate to an officer of the Department of Archaeology the power to issue licence.

(2) Every officer appointed under subsection (1) shall exercise the power delegated to him subject to the general or special directions of the Controller.

PART II

Establishment of the Cultural Property Board

7. Establishment of the Cultural Property Board.

There shall be established a Board called the Cultural Property Board (hereinafter referred to as "the Board”).

8. Constitution of the Board.

(1) The Board shall consist of—

(a) the Secretary to the Ministry of the Minister in charge of the subject of Cultural Affairs, who shall be the Chairman;

(b) the Director of Museums;

(c) the Director of National Archives:

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