What does the law say about export?
Section 3 of the Antiquities and Art Treasures Act 1972 makes it unlawful for any person other than the Central Government, or an authority or agency it has authorised, to export any antiquity or art treasure. Even that authorised export may only be made under a permit issued by the prescribed authority.
What counts as an antiquity?
Section 2 of the Act defines an antiquity to include any coin, sculpture, painting, epigraph or other work of art or craftsmanship that has been in existence for not less than one hundred years. The same hundred year threshold applies to objects detached from a building or cave, objects illustrative of science, art, crafts, literature, religion, customs, morals or politics in bygone ages, objects of historical interest, and anything the Central Government declares to be an antiquity by notification.
For any manuscript, record or other document of scientific, historical, literary or aesthetic value, the threshold is not less than seventy five years.
What is an art treasure?
Section 2 defines an art treasure as a human work of art, not being an antiquity, that the Central Government has declared to be an art treasure by notification in the Official Gazette, having regard to its artistic or aesthetic value. The Act says no such declaration may be made while the artist is alive.
The works of certain named artists have been declared art treasures by notification, which means their works cannot be exported by a private person whatever their age. We have not been able to fetch the text of these notifications from an official source for this guide, so we do not list the names here. Check the current notifications with the Archaeological Survey of India before buying or moving work by any artist of that period.
What is the role of the Archaeological Survey of India?
The Archaeological Survey of India administers the Act. Under section 24, where a question arises whether an object is an antiquity or an art treasure, it is referred to the Director General of the Archaeological Survey of India, and the Director General's decision on that question is final.
Section 14 allows the Central Government to specify antiquities that must be registered. Owners of such antiquities must register them within three months of the notification, or within fifteen days of coming into possession of one. Under section 5, the business of selling antiquities may only be carried on under a licence.
What should a buyer abroad ask before buying?
Ask first whether the work could be an antiquity or a declared art treasure. Ask for the date of the work and the evidence for that date, the full ownership history, and whether the seller has taken advice on its status under the Act.
If there is any doubt, ask the seller to confirm the position with the Archaeological Survey of India before the sale completes, and take advice from a lawyer in India.
- How old is the work, and how is the date proven?
- Is the artist one whose works have been declared art treasures?
- Has the Archaeological Survey of India been consulted?
- Who will handle export paperwork and shipping?
Where does Arts Bespoke stand?
Arts Bespoke deals privately in modern and contemporary Indian art and does not deal in antiquities. Every work we sell carries a written ownership history, a condition report and a certificate under one house reference number.
This guide is general information and not legal advice. Before moving any work out of India, confirm its status with the Archaeological Survey of India or a lawyer. To discuss a specific work, write to clientadvisory@artsbespoke.com or use Get in touch.
Sources
- Section 2, Antiquities and Art Treasures Act 1972, Indian Kanoon
- Antiquities and Art Treasures Act 1972, full text, Indian Kanoon
Written by the house and last reviewed on 21 October 2026. General information only: for a decision about a particular work, write to the house or take professional advice.
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