Sending coins to fellow collectors as exchange can at times become quite a bit of pain. What with various rules it at times becomes impossible to send things outside.
Read the guideline on this link to understand the latest on the Indian Post
Showing posts with label Law and Coins. Show all posts
Showing posts with label Law and Coins. Show all posts
Sending coins by Post outside of India
Sending coins to fellow collectors as exchange can at times become quite a bit of pain. What with various rules it at times becomes impossible to send things outside.
Read the guideline on this link to understand the latest on the Indian Post
The Antiquities and Art Treasures Act, 1972
The Antiquities and Art Treasures Act, 1972
(Act No. 52 of 1972)
THE ANTIQUITIES AND ART TREASURES ACT, 1972
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Regulation of export trade in antiquities and art treasures.
4. Application of Act 52 or 1962.
5. Antiquities to be sold only under a licence.
6. Appointment of licensing officers.
7. Application for licence.
8. Grant of licence.
9. Renewal oflicence.
10. Maintenance of records, photographs and registers by licencees.
11. Revocation, suspension and amendment of licences.
12. Persons who licences have been revoked may sell antiquities to other licencees.
13. Power of Central Government to carry on the business of selling antiquities to the
exclusion of others.
14. Registration of antiquities.
15. Appointment of registering officers.
16. Application for registration and grant of certificate of registration.
17. Transfer of ownership, etc., of antiquities to be intimated to the registering
officer.
18. Provisions of sections 14,16 and 17 not to apply in certain cases.
19. Power of Central Government to compulsorily acquire antiquities and art
treasures.
20. Payment of compensation for antiquities and art treasures compulsorily acquired
under section 19.
21. Appeals against decisions of licensing officers and registering officers.
22. Appeals against awards of arbitrators.
23. Powers of entry, search, seizure, etc.
24. Power to determine whether or not an article, etc., is antiquity or art treasure.
25. Penalty.
26. Cognizance of offences.
27. Magistrate’s power to impose enhanced penalties.
28. Offences by companies.
29. Protection of action taken in good faith.
30. Application of other laws not barred.
31. Power to make rules.
32. Repeal.
33. Amendment of Act 24 of 1958.
THE ANTIQUITIES AND ART TREASURES ACT, 1972 (ACT NO. 52 OF 1972)
(As modified upto April 1, 1975)
(9th September, 1972)
An Act to regulate the export trade in antiquities and art treasures, to provide for the prevention of smuggling of, and fraudulent dealings in, antiquities, to provide for the compulsory acquisition of antiquities and art treasures for preservation in public places and to provide for certain other matters connected therewith or incidental or ancillary thereto.
BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows:-
1. Short title, extent and commencement
(1) This Act may be called the Antiquities and Art Treasures Act, 1972.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and for different States and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
2. Definitions
(I)
(1) In this Act, unless the context otherwise requires—
(a) “antiquity” includes
(i) any coin, sculpture, painting epigraph or other work of art or craftsmanship;
(ii) any article, object or thing detached from a building or cave;
(iii) any article, object or thing illustrative of science, art, crafts, literature, religion, customs, morals or politics in bygone ages;
(iv) any article, object or thing of historical interest;
(v) any article, object or thing declared by the Central Government, by notification in the Official Gazette, to be an antiquity for the purposes of this Act,
(II)
which has been in existence for not less than one hundred years; and any manuscript, record or other document which is of scientific, historical, literary or aesthetic value and which has been in existence for not less than seventy-five years;
(b) “art treasure” means any human work of art, not being an antiquity, declared by the Central Government by notification in the Official Gazette, to be an art treasure for the purposes of this Act having regard to its artistic or aesthetic value:
Provided that no declaration under this clause shall be made in respect of any such work of art so
long as the author thereof is alive;
(c) “export” means taking out of India to a place outside India;
(d) “licensing officer” means an officer appointed as such under section 6;
(e) “registering officer” means an officer appointed as such under section 15;
(f) “prescribed” means prescribed by rules made under this Act.
(2) Any reference in this Act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.
3. Regulation of export trade in antiquities and art treasures
(1) On and from the commencement of this Act, it shall not be lawful for any person, other than the Central Government or any authority or agency authorised by the Central Government in this behalf, to export any antiquity or art treasure.
(2) Whenever the Central Government or any authority or agency referred to in sub-section (1) intends to export any antiquity or art treasure such export shall be made only under and in accordance with the terms and conditions of a permit issued for the purpose by such authority as may be prescribed.
4. Application Act 52 of 1962
The Customs Act, 1962, shall have effect in relation to all antiquities and art treasures, the export of which by any person
5
Antiquities and art treasures, the export of which by any person (other than the Central Government or any authority or agency authorised by the Central Government) is prohibited under section 3 save in so far as that Act is inconsistent with the provisions of this Act and except that (notwithstanding anything contained in section 125 of that Act) any confiscation authorised under that Act shall be made unless the Central Government on an application made to it in this behalf, otherwise directs.
[As from the date of expiry of a period of six months from the commencement of this Act], no person shall, himself or by any other person on his behalf, carry on the business of selling or offering to sell any antiquity except under and in accordance with the terms and conditions of a licence granted under section 8.
Explanation.—In this section and in sections 7, 8, 12, 13,14, 17, and 18 “antiquity” does not include ancient and historical records other than those declared by or under law made by Parliament to be of national importance.
6. Appointment of licensing officers
The Central Government may, by notified order,---
(a) appoint such persons, being gazetted officers of Government, as it thinks fit, to be licensing officers for the purposes of this Act;
(b) define the limits of the area within which a licensing officer shall exercise the powers conferred on licensing officers by or under this Act.
7. Application for licence
(1) Any person desiring to carry on, himself or by any other person on his behalf, the business of selling or offering to sell antiquities may make an application for the grant of a licence to the licensing officer having jurisdiction.
(2) Every application under sub-section (1) shall be made in such form and shall contain such particulars as may be prescribed.
8. Grant of licence
(1) On receipt of an application for the grant of a licence under section 7, the licensing officer may, after holding such inquiry as he deems fit, grant a licence to the applicant having regard to the following factors, namely:--
(a) the experience of the applicant with respect to trade in antiquities;
(b) the village, town or city where the applicant intends to carry on business;
(c) the number of persons already engaged in the business of selling, or offering for sale of, antiquities in the said village, town or city; and
(d) such other factors as may be prescribed:
31 of 1947
Provided that no licence shall be granted to the applicant if he is convicted of an offence punishable under the Antiquities (Export Control) Act, 1947 unless a period of ten years has elapsed since the date of the conviction.
(2) Every licence granted under this section shall be on payment of such fees as may be prescribed.
(3) Every licence granted under this section shall be for such period, subject to such conditions and in such form and shall contain such particulars, as may be prescribed.
(4) No application for the grant of a licence made under section 7 shall be rejected unless the applicant has been given a reasonable opportunity of being heard in the matter.
9. Renewal of licence
(1) A licence granted under section 8 may, on an application made by the licencee, be renewed by the licensing officer for such period and on payment on such fees as may be prescribed.
(2) No application made under this section shall be rejected unless the applicant has been given a reasonable
opportunity of being heard in the matter.
10 Maintenance of records, photographs, and registers by licencees.
(1) Every holder of a licence granted under section 8 or renewed under section 9 shall maintain such records, photographs and registers, in such manner and containing such particulars, as may be prescribed.
(2) Every record, photograph and register maintained under sub-section (1) shall, at all reasonable times, be open to inspection by the licensing officer or by any other gazetted officer of Government authorised in writing by the licensing officer in this behalf.
11. Revocation, suspension and amendment of licences.
(1) If the licensing officer is satisfied either on a reference made to him in this behalf or otherwise that—
(a) a licence granted under section 8 has been obtained by misrepresentation of an essential fact, or
(b) the holder of a licence, has without reasonable cause, failed to comply with the conditions subject to which the licence has been granted or has contravened any of the provisions of this Act or the rules made thereunder.
Then, without prejudice to any other penalty to which the holder of the licence may be liable under this Act, the licensing officer may after giving the holder of the licence an opportunity of showing cause, revoke or suspend the licence.
(2) Subject to any rules that may be made in this behalf, the licensing officer may also vary or amend a licence granted under section 8.
12. Persons whose licences have been revoked may sell antiquities to other licencees.
Notwithstanding anything contained in section 5, any person whose licence has been revoked under section 11 may, after making a declaration before the licensing officer, within such period, in such form and in such manner, as may be prescribed, of all the antiquities in his ownership, control or possession immediately before such revocation, sell such antiquities to any other person holding a valid licence under this Act:
Provided that no such antiquity shall be sold after the expiry of a period of six months from the date of revocation of the licence.
13. Power to Central Government to carry on the business of selling antiquities to the exclusion of others.
(1) If the Central Government is of opinion that with a view to conserving antiquities or in the public interest it is necessary or expedient so to do, it may, by notification in the Official Gazette, declare that with effect on and from such date as may be specified in the notification, the Central Government or any authority or agency authorised by the Central Government in this behalf shall alone be entitled to carry on the business of selling or offering for sale of antiquities.
(2) On the issue of a notification under sub-section (1),--
(a) it shall not be lawful for any person, authority or agency, other than the Central Government or any authority or agency authorised by the Central Government, to carry on the business of selling or offering for sale any antiquity on and from the date specified therein;
10 of 1897
(b) the provisions of this Act, in so far as they relate to the licensing of persons carrying on the business of selling or offering for sale of antiquities shall cease to have effect except as respects things done or omitted to be done before such cesser of operation and section 6 of the General Clauses Act, 1897 shall apply upon such cesser of operation as if those provisions had been repealed by a Central Act:
Provided that every licence granted under section 8 and in force on the date aforesaid shall, notwithstanding that the period specified therein has not expired, cease to be in force.
(3) Every person whose licence has ceased to be in force under the proviso to clause (b) of sub-section (2) shall, within such period, in such form and in such manner as may be prescribed, make a declaration before the licensing officer of all the antiquities in his ownership, control or possession immediately before the date specified in the notification issued under sub-section (1).
14. Registration of antiquities
(1) The Central Government may, from time to time, by notification in the Official Gazette, specify those antiquities which shall be registered under this Act.
(2) In specifying the antiquities under sub-section (1), the Central Government shall have regard to the following factors, namely:.—
(i) The necessity for conserving the objects of art;
(ii) The need to preserve such objects within India for the better appreciation of the cultural heritage of India;
(iii) Such other factors as will, or are likely to, contribute to the safeguarding of the cultural heritage of India.
(3) Every person who owns, controls or is in possession of any antiquity specified in the notification issued under subsection
(1) shall register such antiquity before the registering officer—
(a) in the case of a person who owns, controls or possesses such antiquity on the date of issue of such
notification, within three months of such date; and
(b) in the case of any other person, within fifteen days of the date on which he comes into ownership, control or possession of such antiquity, and obtain a certificate in token of such registration.
15. Appointment of registering officers.
The Central Government may, by notified order—
(a) appoint such persons, as it thinks fit, to be registering officers for the purposes of this Act; and
(b) define the limits of the area within which a registering officer shall exercise the powers conferred on registering officers by or under this Act.
16. Application for registration and grant of certificate of registration.
(1) Every person required to register any antiquity before the registering officer under section 14 shall make an application to the registering officer for the grant of a certificate of registration.
(2) Every application under sub-section (1) [shall, in the case of
such antiquities or class of antiquities as the Central Government may, by notification in the Official Gazette,
specify, be accompanied] by such photographs of the antiquity which is to be registered and by such number of copies, not exceeding six, as may be prescribed and shall be made in such form and shall contain such particulars as may be prescribed.
(3) On receipt of an application under sub-section (1), the registering officer may, after holding such inquiry as he deems fit grant a certificate of registration containing such particulars as may be prescribed.
(4) No application made under this section shall be rejected unless the applicant has been given a reasonable
opportunity of being heard in the matter.
17. Transfer of ownership, etc., of antiquities to be intimated to the registering officer.
Whenever any person transfers the ownership, control or possession of any antiquity specified in any notification issued under sub-section (1) of section 14 such person shall intimate, within such period and in such form as may be prescribed, the fact of such transfer to the registering officer.
18. Provisions of sections 14, 16 and 17 not to apply in certain cases
Nothing in section 14 or section 16 or section 17 shall apply to any antiquity kept—
(i) in a museum; or
(ii) in an office; or
(iii) in an archive; or
(iv) in an educational or cultural institution,
owned, controlled or managed by the Government [or by any local authority or by any such body as the Central Government may, for reasons to be recorded in writing, approve for the purpose of this section by general or special order].
19. Power of Central Government to compulsorily acquire antiquities and art treasures.
(1) If the Central Government is of opinion that it is desirable to preserve any antiquity or art treasure in a public place, that Government may make an order for the compulsory acquisition of such antiquity or art treasure.
(2) On the making of an order under sub-section (1) the Collector of the district in which such antiquity or art
treasure is kept shall give notice to the owner thereof intimating him of the decision of the Central Government to acquire the same and it shall be lawful for the Collector to take possession of such antiquity or art treasure, for which purpose the Collector may use such force as may be necessary.
(3) Where the owner of any antiquity or art treasure the possession of which has been taken over by the Collector under sub-section (2) objects to the taking over of such possession, he may, within a period of thirty days from the date on which such possession was taken over, make a representation to the Central Government putting forth his objections:
Provided that the Central Government may entertain the representation after the expiry of the said period of thirty days, if it is satisfied that the owner of such antiquity or art treasure was prevented by sufficient cause from making the representation in time.
(4) On receipt of any representation under sub-section (3), the Central Government, after making such inquiry as it deems fit and after giving to the objector an opportunity of being heard in the matter shall, within a period of ninety days from the date of receipt of the representation, either rescind or confirm the order made by it under sub-section (1).
(5) Where any order made by the Central Government under sub-section (1) is rescinded under sub-section(4) the antiquity or art treasure shall be returned to the owner thereof without delay and at the expense of the Central Government.
(6) Where the order made by the Central Government under sub-section (1) is confirmed under sub-section(4) the antiquity or art treasure shall vest in the Central Government with effect from the date on which the possession thereof has been taken over by the Collector under sub-section (2).
(7) The power of compulsory acquisition conferred by this section shall not extend to any object, being an antiquity or art treasure, used for bona fide religious observances.
Explanation.—In this section, “public place” means any place which is open to the use of the public, whether on payment of fees or not, or whether it is actually used by the public or not.
20. Payment of compensation for antiquities and art treasures compulsorily acquired under section-19
(1) Where any antiquity or art treasure is compulsorily acquired under section 19, there shall be paid compensation, the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say,—
(a) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such
agreement;
(b) where no such agreement can be reached, the Central Government shall appoint as arbitrator a person who is, or has been, or is qualified for appointment as, a Judge of a High Court;
(c) the Central Government may, in any particular case, nominate a person having expert knowledge as to the nature of the antiquity or art treasure compulsorily acquired to assist the arbitrator and where such
nomination is made, the person to be compensated may also nominate an assessor for the same purpose;
(d) at the commencement of the proceedings before the arbitrator, the Central Government and the person to be compensated shall state what, in their respective opinion, is a fair amount of compensation;
(e) the arbitrator shall, after hearing the dispute, make an award determining the amount of compensation which appears to him to be just and specifying the person or persons to whom such compensation shall be paid and in making the award he shall have regard to the circumstances of each case and the provisions of subsection (2);
(f) where there is any dispute as to the person or persons who are entitled to the compensation, the arbitrator shall decide such dispute and if the arbitrator finds that more persons than one are entitled to compensation, he shall apportion the amount thereof amongst such persons;
10 of 1940
(g) nothing in the Arbitration Act, 1940 shall apply to the arbitration under this section.
(2) While determining the compensation under sub-section (1), the arbitrator shall have regard to the following factors, namely:—
(i) the date or the period to which the antiquity or art treasure belongs;
(ii) the artistic, aesthetic, historical, architectural, archaeological or anthropological importance of the
antiquity or art treasure;
(iii) the rarity of the antiquity or art treasure;
(iv) such other matters as are relevant to the dispute.
5 of 1908
(3) The arbitrator appointed under sub-section (1), while holding arbitration proceedings under this section, shall have all the powers of a Civil Court, while trying a suit, under the Code of Civil Procedure, 1908, in respect of the following matters, namely:--
(a) Summoning and enforcing the attendance of any person and examining him on oath;
(b) Requiring the discovery and production of any document;
(c) Reception of evidence on affidavits;
(d) Requisitioning any public record from any court or office;
(e) Issuing commissions for the examination of witnesses.
21. Appeals against decisions of licensing officers and registering officers
(1) Any person aggrieved by a decision of a licensing officer under section 8 or section 9 or section 11 or by a decision of a registering officer under section 16 may, within thirty days from the date on which the decision is communicated to him, prefer an appeal to such authority as may be prescribed:
Provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) On receipt of an appeal under sub-section (1), the appellate authority shall, after giving the appellant an opportunity of being heard, pass such orders as it deems fit.
22. Appeals against awards of arbitrators.
Any person aggrieved by an award of the arbitrator made under section 20 may, within thirty days from the date on which the award is communicated to him, prefer an appeal to the High Court within whose jurisdiction he resides:
Provided that the High Court may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by a sufficient cause from filing the appeal in time.
23. Powers of entry, search, seizure, etc.
(1) Any person, being an officer of Government, authorised in this behalf by the Central Government, may, with a view to securing compliance with the provisions of this Act or to satisfying himself that the provisions of this Act have been complied with—
(i) enter and search any place;
(ii) seize any antiquity or art treasure in respect of which he suspects that any provision of this Act has been, is being, or is about to be, contravened and thereafter take all measures necessary for securing the production of the antiquity or art treasure so seized in a court and for its safe custody, pending such production.
24. Power to determine whether or not an article, etc., is antiquity or art treasure
If any question arises whether any article, object or thing or manuscript, record or other document is or is not an antiquity or is not an art treasure for the purposes of this Act, it shall be is not an art treasure for the purposes of this Act, it shall be referred to the Director-General, Archaeological Survey of India, or to an officer not below the rank of a Director in the Archaeological Survey of India authorised by the Director-
General, Archaeological Survey of India and the decision of the Director-General, Archaeological Survey of India or such officer, as the case may be, on such question shall be final.
5 of 1898
(2) The Provisions of sections of 102 and 103 of the Code of Criminal Procedure, 1898 (5 of 1898)1 relating to search and seizure shall, so far as may be, apply to searches and seizures under this section.
25. Penalty
52 of 1962
(1) If any person, himself or by any other person on his behalf, exports or attempts to export any antiquity or art treasure in contravention of section 3, he shall, without prejudice to any confiscation or penalty to which he may be liable under the provisions of the Customs Act, 1962 as applied by section 4, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine.
(2) If any person contravenes the provisions of section 5 or section 12 or sub-section (2) or sub-section (3) of section 13 or section 14 or section 17, he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both and the antiquity in respect of which the offence has been committed shall be liable to confiscation.
(3) If any person prevents any licensing officer from inspecting any record, photograph or register maintained under section 10 or prevents any officer authorised by the Central Government under sub-section (1) of section 23 from entering into or searching any place under that subsection, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.
26. Cognizance of offences
(1) No prosecution for an offence under sub-section (1) of section 25 shall be instituted except by or with the sanction of such officer of Government as may be prescribed in this behalf.
(2) No court shall take cognizance of an offence punishable under sub-section (2) or sub-section (3) of section 25 except upon complaint in writing made by an officer generally or specially authorised in this behalf by the Central Government.
(3) No court inferior to that of a Presidency Magistrate or a Magistrate of the First Class shall try any offence punishable under this Act.
27. Magistrate’s power to impose enhanced penalties
5 of 1898
Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 18981, it shall be lawful for any Presidency Magistrate or any Magistrate of the First Class to pass any sentence under this Act in excess of his power under section 32 of the said Code.
28. Offences by companies
(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, or was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment under this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purpose of this section.—
(a) “company” means any body corporate and includes a firm or other association of individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.
29. Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Government or any officer of the Government for anything which is in good faith done or is intended to be done under this Act.
30. Application of other laws not barred
7 of 1904
24 of 1958
The provisions of this Act shall be in addition to, and not in derogation of, the provisions of the Ancient Monuments Preservation Act, 1904 or the Ancient Monuments and Archaeological Sites and Remains Act, 1958 or any other law for the time being in force.
31. Power to make rules.
(1) The Central Government may, by notification in the Official Gazette, make rules for the purpose of giving effect to the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for—
(a) the authority for issue of permit under sub-section (2) of section 3;
(b) the form in which an application for the grant of a licence may be made under sub-section (1) of section 7
and the particulars which such application shall contain;
(c) the factors to which regard may be had while granting a licence under sub-section(1) of section 8;
(d) the fees on payment of which, the period for which, the conditions subject to which and the form in which a licence may be granted under sub-section (1) of section 8 and the particulars which such licence shall contain;
(e) the fees on payment of which and the period for which a licence may be renewed under sub-section (1) of section 9;
(f) the records, photographs and registers which are to be maintained under section 10 and the manner in which such records, photographs and registers shall be maintained and the particulars which such records,
photographs and registers shall contain;
(g) the nature of the photographs of the antiquity and the number of copies thereof which shall accompany an
application for the grant of a certificate of registration to be made under sub-section (1) of section 16 and the
form in which such application may be made and the particulars which such application shall contain;
(h) the particulars which a certificate of registration granted under sub-section (3) of section 16 shall
contain;
(i) the authority to which an appeal may be preferred under sub-section (1) of section 21; and
(j) any other matter which has to be or may be prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
32. Repeal 3 of 1947
1. The Antiquities (Export Control) Act, 1947 is hereby repealed.
2. For the removal of doubts it is hereby declared that every licence issued under section 3 of the Act repealed under subsection (1) and in force at the commencement of this Act shall, notwithstanding that the period specified therein has not expired, cease to be in force.
33. Amendment of Act 24 of 1958
In the Ancient Monuments and Archaeological Sites and Remains Act 1958—
(i) in section 1, for sub-section (2), the following sub-section shall be substituted, namely—
“(2) It extends to the whole of India”;
(ii) after section 2, the following section shall be inserted,
namely:--
“2A.—Any reference in this Act to any law which is not in force in the State of Jammu and Kashmir shall,
in relation to that State, be construed as a reference to the corresponding law, if any, in force in that
State”;
(iii) in section 23,—
(a) in sub-section (2) and (4), for the words, “ compulsory purchase”, the words, “compulsory acquisition” shall be substituted;
(b) in sub-section (3), for the words “ compulsory purchase of any such antiquities at their market value”, the words “compulsory acquisition of any such antiquities” shall be substituted;
(iv) in section 26.—
(a) in sub-section (1), for the words “compulsory purchase of such antiquity at its market value”, the words
“compulsory acquisition of such antiquity” and for the words, “to be purchased”, the words, “to be acquired”
shall be substituted;
(b) in sub-section (2) and (3) for the words ”compulsory purchase” the words, “compulsory acquisition” shall be substituted;
(v) in section 28, for sub-section (2), the following sub-section shall be substituted, namely:—
“(2) For every antiquity in respect of which an order for compulsory acquisition has been made under sub-section (3) of section 23 or under sub-section (1) of section 26, there shall be paid compensation and the provisions of sections 20 and 22 of the Antiquities and Art Treasures Act, 1972 shall, so far as may
be, apply in relation to the determination and payment of such compensation as they apply in relation to the determination and payment of compensation for any antiquity or art treasure compulsorily acquired under section 19 of that Act”
The Coinage Act 2011
https://rbidocs.rbi.org.in/rdocs/Publications/PDFs/COIN281114.pdf
ARRANGEMENT OF SECTIONS
————CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
ESTABLISHMENT OF MINTS
3. Power to establish and abolish Mints.
CHAPTER III
COINAGE
4. Denominations, dimensions, designs and composition of coins.
5. Standard weight and remedy.
6. Coin when a legal tender.
7. Decimal system of coinage.
8. Power to call in coin.
CHAPTER IV
DIMINISHED, DEFACED AND COUNTERFEIT COINS
9. Power to certain persons to cut diminished or defaced coins.
10. Power to certain persons to cut counterfeit coins.
11. Power of Mint to delegate its functions.
CHAPTER V
OFFENCES AND PENALTIES
12. Prohibition of making or melting or destruction of coins.
13. Penalty for contravention of Section 12.
14. Prohibition and penalty for unlawful making, issue or possession
of pieces of metal to be used as money.
15. Prohibition and penalty for bringing metal piece for use as coin.
16. Offences by companies.
CHAPTER VI
17. Forfeiture.
18. Probation of Offenders Act, 1958 not to apply to offences under this Act.
19. Offences to be cognizable, bailable and non-compoundable.
20. Amendment of Act 2 of 1934.
21. Offences may be tried summarily.
22. Protection of action taken in good faith.
23. Power to remove difficulties.
24. Power to make rules.
25. Rules to be laid before Parliament.
26. Saving of making other coins at Mints.
27. Repeal and Savings.
28. Continuance of existing coins.
THE COINAGE ACT, 2011
[11 of 2011]
(1st September, 2011)
An Act to consolidate the laws relating to coinage and the Mints, the protection of coinage and
to provide for the prohibition of melting or destruction of coins and prohibit the making or thepossession thereof for issue and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Sixty-second Year of the Republic of India as
follows:--
CHAPTER -I
PRELIMINARY
1 - Short title, extent and commencement(1) This Act may be called the Coinage Act, 2011.
(2) It extends to the whole of India.
(3) It shall come into force on such 1
date as the Central Government may, by notification in the Official Gazette, appoint.
2 - Definitions
In this Act, unless the context otherwise requires,--
(a) "coin" means any coin which is made of any metal or any other material
stamped by the Government or any other authority empowered by the
Government in this behalf and which is a legal tender including commemorative
coin and Government of India one rupee note.
Explanation.--For the removal of doubts, it is hereby clarified that a "coin"
does not include the credit card, debit card, postal order and e-money
issued by any bank, post office or financial institution;
(b) "commemorative coin" means any coin stamped by the Government or any
other authority empowered by the Government in this behalf to commemorate anyspecific occasion or event and expressed in Indian currency;
(c) "deface" means any type of clipping, filing, stamping, or such other alteration
of the surface or shape of a coin as is readily distinguishable from the effects of
reasonable wear;
(d) "Government" means the Central Government;
(e) "issue" means to put a coin into circulation for use as money;
(f) "metal" means any metal, base metal, alloy, gold, silver or any other material
which may be prescribed by the Government for the purpose of any coin;
(g) "Mint" means the Security Printing and Minting Corporation of India Limited
formed and incorporated under the Companies Act, 1956 or any other
organisation established by or under the authority of the Government to make a
coin by stamping metal;
(h) "notification" means notification published in the Official Gazette;
(i) "per cent." means the percentage of metals prescribed for any coin;
(j) "prescribed" means prescribed by rules made under this Act;
(k) "remedy" means variation from the standard weight and fineness;
(l) "standard weight" means the weight prescribed for any coin.
CHAPTER II
ESTABLISHMENT OF MINTS
3 - Power to establish and abolish MintsThe Government may, by notification.--
(a) establish a Mint at any place which may be managed by it or by any other
person, which may be authorised for this purpose:
Provided that the Mints established before the commencement of this Act
shall be deemed to have been established by the Government under this
section:
Provided further that where the Government is of the opinion that
it is necessary or expedient in the public interest so to do, it may
authorise the minting of coins by any organisation or Government
of any foreign country, within or beyond the limits of India and
acquire such coins either by way of import or otherwise for issue
under its authority;
(b) abolish any Mint.
CHAPTER III
COINAGE
4 - Denominations, dimensions, designs and composition of coinsCoins may be minted at the Mints or at any other place authorised under the proviso to
section 3 of such denominations not higher than one thousand rupees and of such
dimensions and designs and containing such metals or mixed metals of such composition
or any other material as may be prescribed by the Government.
5 - Standard weight and remedy
The standard weight of the coin of any denomination, minted under the provisions of
section 4, and the remedy allowed in making of such coins, shall be such as may be
prescribed in this behalf by the Government from time to time.
6 - Coin when a legal tender
(1) The coins issued under the authority of section 4 shall be a legal tender in payment or
on account, in case of--
(a) a coin of any denomination not lower than one rupee, for any sum not
exceeding one thousand rupees;
(b) a half-rupee coin, for any sum not exceeding ten rupees;
(c) any other coin, for any sum not exceeding one rupee:
Provided that the coin has not been defaced and has not lost weight so as
to be less than such weight as may be prescribed in its case.
(2) All new coins in the naya paisa series, designated as such under the notification of the
Government of India in the Ministry of Finance, Department of Economic Affairs,
Number S.R.O. 1120, dated the 11th May, 1956 issued prior to the commencement of the
Indian Coinage (Amendment) Act, 1964, shall continue to be a legal tender in payment or
on account, in case of,--
(a) a half-rupee or fifty naye paise coin, for any sum not exceeding ten rupees;
(b) any other coin, for any sum not exceeding one rupee.
7 - Decimal system of coinage
(1) The rupee shall be divided into one hundred units and any such unit may be
designated by the Government, by notification, under such name as it thinks fit.
(2) All references in any enactment or in any notification, rule or order under any
enactment or in any contract, deed or other instrument to any value expressed in annas,
paisa and pies shall be construed as references to that value expressed in units referred to
in sub-section (1) converted thereto at the rate of sixteen anna, sixty-four paise or one
hundred and ninety-two pies to one hundred units referred to in sub-section (1).
(3) All references in any enactment or in any notification, rule or order under any
enactment or in any contract, deed or other instrument to any value in naya paisa or naye
paise shall be construed as references to that value expressed respectively in units
referred to in sub-section (1).
8 - Power to call in coin
Notwithstanding anything contained in section 6, the Government may, by notification,
call in with effect from such date as may be specified in the notification, any coin, of
whatever date or denomination and on and from the date so specified, such coin shall
cease to be a legal tender, save to such extent as may be specified in the notification.
CHAPTER IV
DIMINISHED, DEFACED AND COUNTERFEIT COINS
9 - Power to certain persons to cut, diminished or defaced coins(1) Where any coin which has been minted and issued by or under the authority of the
Government is tendered to any person authorised by it to act under this section, and such
person has reason to believe that the coin--
(a) has been diminished in weight so as to be more than such per cent, below
standard weight as provided in section 5; or
(b) has been defaced, he shall, by himself or through another person, cut or break
the coin.
(2) A person cutting or breaking coin under the provisions of clause (a) of sub-section (1)
shall receive and pay for the coin at its face value.
(3) A person cutting or breaking coin under the provisions of clause (b) of sub-section (1)
shall observe the following procedure, namely:--
(a) if such person has reason to believe, that the coin has been fraudulently
defaced, he shall return the pieces to the person tendering the coin, who shall bear
the loss caused by such cutting or breaking;
(b) if such person has reason to believe, that the coin has not been fraudulently
defaced, he shall receive and pay for the coin at its face value.
10 - Power to certain persons to cut counterfeit coins
Where any coin minted or issued by or under the authority of the Government is tendered
to any person authorised by the Government under section 9 and such person has reason
to believe that the coin is counterfeit, he shall by himself or through another person cut or
break the coin, and the tenderer shall bear the loss caused by such cutting or breaking.
11 - Power of Mint to delegate its functions
The Mint may in writing authorise any other organisation of the Government to melt
withdrawn coins or take any help of such organisation for the said purpose.
Explanation.--for the purposes of this section "organisation" means any
Government industrial unit or public sector undertaking possessing melting
facilities.
CHAPTER V
OFFENCES AND PENALTIES
12 - Prohibition of making or melting or destruction of coins(1) No person shall--
(i) use any metal piece as coin whether stamped or unstamped, intended to be
used as money except by the authority of the Government, or
(ii) melt or destroy any coin, or
(iii) use coin other than as a medium of exchange, or
(iv) have in his possession, custody or control,--
(a) any melted coin, whether in the molten state or in a solid state, or
(b) any coin in a destroyed or mutilated state, or
(c) coins substantially in excess of his reasonable requirements for the
purpose of selling such coins for value other than their face value or for
melting or for destroying or for disposing these coins other than as a
medium of exchange.
Explanation.--For the purposes of determining the reasonable
requirements of coins of a person, due regard shall be had to--
(i) his total daily requirements of coins;
(ii) the nature of his business, occupation or profession;
(iii) the mode of his acquisition of coins; and
(iv) the manner in which, and the place at which, such
coins are being possessed, held or controlled by him.
(2) Whoever is found to be in possession of any metal or material which contains alloys
in the same proportions in which they have been used in the manufacture of any coin
shall be presumed, until the contrary is proved, to have contravened the provisions of
sub-section (1).
(3) Nothing in this section shall apply--
(i) to any person who is found in possession of any metal or scraps or scissel, etc.,
of non-recyclable coinage metal, which he may so possess as a result of valid
disposal by auctions by a Mint;
(ii) to the Mint, Reserve Bank of India and its authorised agents, and suppliers of
coins or coin blanks to the extent of orders placed by or under the authority of the
Government until their supply or completion of orders placed by the Government;
(iii) to any prospective supplier who intends to supply coin or coin blanks as
samples against a valid tender documents purchased by him provided that
quantity is in reasonable agreement with quantity of samples to be supplied.
13 - Penalty for contravention of section 12
Whoever contravenes any provisions of section 12 shall be punishable with imprisonment
which may extend to seven years and with fine.
14 - Prohibition and penalty for unlawful making, issue or possession of pieces of metal to
be used as money -
(1) No person shall--
(a) make or issue or attempt to issue any metal piece except as provided under
section 4 for the purpose of coin;
(b) possess, custody or control of any metal piece with the intent to issue the piece
for use as money for a medium of exchange.
(2) Whoever contravenes the provisions of sub-section (1) shall be punishable with
imprisonment which may extend to one year or with fine or with both:
Provided that if any person convicted under this section is again convicted, he
shall be punishable with imprisonment which may extend to three years or with
fine or with both.
15 - Prohibition and penalty for bringing metal piece for use as coin
(1) No person shall bring by sea or by land or by air into India of any piece of metal to be
used as coin except with the authority or permission of the Government.
(2) Whoever contravenes the provisions of sub-section (1) shall be punishable with
imprisonment which may extend to seven years and with fine.
16 - Offences by companies
(1) Where an offence under this Act has been committed by a company, every person
who at the time the offence was committed was in charge of, and was responsible to, the
company for the conduct of its business, shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any person liable
to any punishment, if he proves that the offence was committed without his
knowledge or that he exercised all due diligence to prevent the commission of
such offence.
(2) Notwithstanding, anything contained in sub-section (1), where any offence under this
Act has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to, any neglect on the part
of any director, manager, secretary or other officer, such director, manager, secretary or
other officer of the company shall be deemed to be guilty of that offence and shall be
liable to be proceeded against and punished accordingly.
Explanation.--For the purposes of this section,--
(a) "company" means any body corporate and includes a firm, society or
other association of individuals; and
(b) "director", in relation to --
(i) a firm, means a partner or proprietor of the firm;
(ii) a society or other association of individuals, means the person
who is entrusted, under the rules of the society or other association,
with the management of the affairs of the society or other
association of the individuals, as the case may be.
17 - Forfeiture
Any coin or metal in relation to which any offence under this Act has been committed
shall be forfeited to the Government.
18 - Probation of Offenders Act, 1958 not to apply to offences under this Act
Nothing in the Probation of Offenders Act, 1958 shall apply to offences under this Act.
19 - Offences to be cognizable, bailable and non-compoundable
Notwithstanding anything contained in the Code of Criminal Procedure, 1973, offences
under this Act shall be cognizable and bailable, but shall not be compoundable.
20 - Amendment of Act 2 of 1934
In the Reserve Bank of India Act, 1934,--
(i) in section 2, in clause (d), for the words and figures "the Indian Coinage Act,
1906", the words and figures "the Coinage Act, 2011" shall be substituted;
(ii) in section 39, for the words and figures "the Indian Coinage Act, 1906', at
both the places where they occur, the words and figures "the Coinage Act, 2011"
shall be substituted.
21 - Offences may be tried summarily
Notwithstanding anything contained in section 260 of the Code of Criminal Procedure,
1973, offences under this Act may be tried summarily by a Judicial Magistrate of the first
class or a Metropolitan Magistrate.
22 - Protection of action taken in good faith
No suit or other legal proceedings shall lie against any person in respect of anything
which is in good faith done, or intended to be done, under or in pursuance of the
provisions of this Act.
23 - Power to remove difficulties
(1) If any difficulty arises in giving effect to the provisions of this Act, the Government
may, by order published in the Official Gazette, make such provisions, not inconsistent
with the provisions of this Act as may appear it to be necessary or expedient for removing
the difficulty:
Provided that no such order shall be made under this section after the expiry of
five years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made,
before each House of Parliament.
24 - Power to make rules
(1) The Government may, by notification, make rules to carry out the purposes of this
Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:--
(a) the use of metal for the purpose of making any coin under clause (f) of section 2;
(b) the per cent of metals for any coin under clause (i) of section 2;
(c) the standard weight for any coin under clause (1) of section 2;
(d) the dimensions, designs, metals, mixed metals or their composition, for coins
under section 4;
(e) the standard weight of coins and the remedy allowed in making such coins
under section 5.
25 - Rules to be laid before Parliament
Every rule made under this Act shall be laid, as soon as may be after it is made, before
each House of Parliament, while it is in session for a total period of thirty days which
may be comprised in one session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or both Houses agree
that the rule should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.
26 - Saving of making other coins at Mints
Nothing in this Act shall be deemed to prohibit or restrict the making at any Mint in India
of coins intended for issue as money by the foreign Government of any territories beyond
the limits of India.
27 - Repeal and savings
(1) The following enactments are hereby repealed -
(a) the Metal Tokens Act, 1889;
(b) the Coinage Act, 1906;
(c) the Bronze Coin (Legal Tender) Act, 1918;
(d) the Currency Ordinance, 1940;
(e) the Small Coins (Offences) Act, 1971.
(2) The repeal by this Act of the enactments and Ordinance specified in sub-section (1)
shall not--
(a) affect any other enactment in which the repealed enactment or Ordinance has
been applied, incorporated or referred to;
(b) affect the validity, invalidity, effect or consequences of anything already done
or suffered, or any right, title, obligation or liability already acquired, accrued or
incurred or any remedy or proceeding in respect thereof, or any release or
discharge of or from any debt, penalty, obligation, liability, claim or demand, or
any indemnity already granted, or the proof of any past act or thing;
(c) affect any principle or rule of law, or established jurisdiction, form or course
of pleading, practice or procedure, or existing usage, custom, privilege,
restriction, exemption, office or appointment, notwithstanding that the same
respectively may have been in any manner affirmed or recognised or derived by,
in or from any enactment or Ordinance hereby repealed;
(d) revive or restore any jurisdiction, office, custom, liability, right, title,
privilege, restriction, exemption, usage, practice, procedure or other matter or
thing not now existing or in force.
(3) The mention of particular matters in sub-section (1) shall not be held to prejudice or
affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897),
with regard to the effect of repeals.
28 - Continuance of existing coins
Notwithstanding the repeal of the enactments and the Ordinance specified in sub-section
(1) of section 27,--
(a) all coins issued under the said enactments; and
(b) Government of India one rupee note issued under the Currency Ordinance,
1940 (Ord. IV of 1940),
which are legal tender immediately before the commencement of the Coinage Act, 2011
shall be deemed to be the coin and continue to be legal tender in payment or on account
under the corresponding provisions of this Act.
Chapter XII of Offences Relation To Coin And Government Stamps
230. “ Coin” defined.- 1[Coin is metal used for the time being as money, and stamped and issued by the authority of some State of Sovereign Power] in order to be so used.]
Indian coin.-2[Indian coin is metal stamped and issued by the authority of the Government of Indian in order to be used as money ; and metal which has been so stamped and issued shall continue to be Indian coin for the purposes of this Chapter, notwithstanding that it may have ceased to be used as money .] Illustrations
a) Cowries are not coin.
b) Lumps of unstamped copper, thought used as money, are not coin.
c) Medals are not coin, in as much as they are not intended to be used as money.
d) The coin denominated as the Company’s rupees is 3[Indian coin].
______________________________________________________
1. Subs. by Act 19 of 1872, sec.1,or theoriginal first paragraph.
2. Subs. by A.O. 1950, for the former paragraph.
3. 3.Subs. by the A.O. 1950, for “the Queen’s coin”.
[4(e) The “Farukhabad rupee” which was formerly used as money under the authority of he Government of India is 3[Indian coin] although it is not longer so used].
231. Counterfeiting coin.- Whoever counterfeits or knowingly performs any part of any part of the process of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Explanation.- A person commits this offence who intending to practise deception, or knowing it to be likely that deception will thereby be prectised, caused a genuine coin to appear like a different coin.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 7 years and fine- Cognizable –Non -bailable-Triable by any Magistrate of the first class - Non- compoundable.
232. Counterfeiting Indian coin.- Whoever counterfeits, or knowingly performs ay part of the process of counterfeiting 1[Indian coin], shall be punished with 2[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for life, or imprisonment for 10 years and fine- Cognizable –Non -bailable-Triable by Court of Session- - Non- compoundable.
233. Making or selling instrument for counterfeiting coin.- Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or
_______________________________________________________________
4. Ins. by Act 6 of 1896, sec.1.
1. Subs. by the A.O 1950, for “ the queen’s coin”
2. Subs by Act 26 of 1955,sec.117 and Sch., for “transportation for life”(w.e.f.1-1-1956).
disposes of , any die or instrument , for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 3 years and fine- Cognizable –Non -bailable-Triable by any Magistrate of the first class - Non- compoundable.
234. Making or selling instrument for counterfeiting Indian coin.- Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or disposes of , any die or instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting 1[Indian coin], shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 7 years and fine- Cognizable –Non -Bailable-Triable by any Magistrate of the first class - Non- compoundable.
235. Possession of instrument or material for the purpose of using the same for counterfeiting coin.- Whoever is in possession of any instrument or material, for the purpose of using the same for counterfeiting coin, or knowing or having reason to believe that the same is intended to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be l9able to fine;
fine Indian coin.- and if the coin to be counterfeited is 2[Indian coin], shall be
1. Subs. by the A.O 1950, for “ the queen’s coin”
2. Subs by Act 26 of 1955,sec.117 and Sch., for “transportation for life”(w.e.f.1-1-1956).
punished with imprisonment of either description for a term which may extend to ten years also be liable to fine;
CLASSIFICATION OF OFENCE
Para I :Punishment- Imprisonment for 3 years, or fine -Cognizable –Non-bailable-Triable by any Magistrate- Non- compoundable.
Para II: Punishment -Imprisonment for10 years and fine -Cognizable – Non-bailable-Triable by Court of Session -Non- compoundable.
236. Abetting in Indian the counterfeiting out of India of coin.- Whoever, being within 1[India], abets the counterfeiting of coin out of 1[India] shall be punished in the same manner as if he abetted the counterfeiting of such coin within 1[India].
CLASSIFICATION OF OFENCE
Punishment- The punishment provided for abetting the counterfeiting of such coin within India- Cognizable –Non -Bailable-Triable by Court of Session-Non- compoundable.
237. Import or export of counterfeit coin.- Whoever imports into 1[Indian], or exports there form , any counterfeit coin, knowing or having reason to believe that the same is counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall be liable to fine.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 3 years and fine- Cognizable –Non -bailable-Triable by Magistrate of the first class - Non- compoundable.
238. Import or export of counterfeits of the India coin.- Whoever imports into1[India], or exports there from, any counterfeit coin, which he knows or has reason to believe to be a counterfeit or 2[Indian coin], shall be punished with imprisonment with 3[imprisonment for life], or with imprisonment of either description for a term which mat extend to ten years and shall also be liable to fine.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for life , or imprisonment for 10 years and fine- Cognizable –Non -bailable-Triable by Court of Session - Non- compoundable.
239. Delivery of coin, possessed with knowledge that it is counterfeit.- Whoever, having any counterfeit coin, which at the time when he become possessed of it knew to be counterfeit, fraudulently or with intent that fraud may be committed, delivers the same to any person, or attempts to induce any person to receive it shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 5 years and fine- Cognizable –Non -bailable-Triable by any Magistrate of the first class - Non- compoundable.
240. Delivery of Indian coin, possessed with knowledge that it is counterfeit.- Whoever, having any counterfeit coin which is a counterfeit of 2[Indian coin], at the time when he became possessed of it, he knew to be a counterfeit of 2[Indian coin], fraudulently or with intent that fraud may be committed, delivers the same to any person, or attempts to induce any person to receive it shall be punished with imprisonment of
_______________________________________________________________
1. The words”British Indian” have successively been subs. by the A.O. 1948, the A.O 1950 and Act 3 of 1951,sec 3 and Sch to read as above.
2. Subs. by the A.O. 1950 or “Queen’s coin”.
3. Subs. by Act 26 of 1955,sec.117 and Sch., for “transportation for life”(w.e.f.1-1-1956)
Either description for a term which may extend to ten years, and shall also be liable to fine.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 10 years and fine- Cognizable –Non -bailable-Triable by Court of Session - Non- compoundable.
241. Delivery of coin as genuine, which when first possessed , the deliverer did not know to be counterfeit.- Whoever delivers to any other person as genuine, or attempts to induce any other person to receive as genuine, any counterfeit coin which he knows to be counterfeit, but which he did not know to be counterfeit at the time when he took it into his possession, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine to an amount which may extend to ten times the value of the coin counterfeited, or with both.
Illustration
A, a coiner, delivers counterfeit Company’s rupees to his accomplice B, for the purpose of uttering of uttering them. B sells the rupees for goods to D, who receives them, not knowing them to be counterfeit .D, after receiving the rupees, discovers that they are counterfeit and pays them away as if they were good. Here D id punishable only under this section, but B and C are punishable under section 239 or 240, as the case any be.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 2 years and fine or 10 times the value of the coin counterfeited, or both- Cognizable –Non -bailable-Triable by any Magistrate- Non- compoundable.
242. Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof.- Whoever, fraudulently or with intent that fraud may be committed, is in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit, shall be punished with imprisonment of either description for a term which any extend to there years, and shall also be liable to fine.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 3 years and fine - Cognizable –Non -bailable-Triable by any Magistrate of the first class - Non- compoundable.
243. Possession of Indian coin by person who knew it to be counterfeit when he became possessed thereof .- Whoever, fraudulently or with intent that fraud may be committed, is in possession of counterfeit coin, which is a counterfeit of 1[Indian coin], having known at the time when he became possessed of it that it was counterfeit, shall be punished with imprisonment o either description for a term which may extend to seven years, and shall be liable to fine
_____________________________________________
1. Subs. by the A.O. 1950, for “ the Queen’s coin”.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 7 years and fine Cognizable –Non -bailable-Triable by any Magistrate of the first class- Non- compoundable.
244. Person employed in mint causing coin to be of different weight or composition from that fixed by law.- Whoever, being employed in any mint lawfully established in1[India]. Does any act, or omits what he is legally bound to do, with the intention of causing any coin issue form that mint to be of a different weight or composition from the weight or composition fixed by law, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 7 years and fine Cognizable –Non -bailable-Triable by any Magistrate of the first class- Non- compoundable.
_______________________________________________________________
1. The words”British India” have successively been subs.by the A.O. 1948, the A.O.1950 and Act 3 of 1951,sec.3 and Sch. to read as above.
245. Unlawfully taking coining instrument form mint.- Whoever, without lawful authority takes out of any mint, lawfully established in 1[Indian]. Any coning tool or instrument, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall be liable to fine.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 7 years and fine Cognizable –Non -bailable-Triable by any Magistrate of the first class- Non- compoundable.
246. Fraudulently or dishonestly diminishing weight or altering composition of coin.- Whoever fraudulently or dishonestly performs on any coin any operation which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment of either description for a term which may extend o three years, and shall also be liable to fine.
Explanation.- A person who scoops out part of the coin and puts anything else into the cavity alters the composition of that coin.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 3 years and fine- Cognizable –Non -bailable-Triable by any Magistrate of the first class- Non- compoundable.
247. Fraudulently or dishonestly diminishing weight or altering composition of Indian coin.- Whoever fraudulently or dishonesty performs on 2[any Indian coin] any operation which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall be liable to fine.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 7 years and fine Cognizable –Non -bailable-Triable by any Magistrate of the first class- Non- compoundable.
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2. Subs. by the A.O. 1950, for “any of the Queen’s coin”.
248. Altering appearance of coin with intent that it shall pass as coin of different description.- Whoever performs on any coin any operation which alters the appearance of that coin, with the intention that the said coin shall pass as a coin shall pass as a coin of a which may extend to there years, and shall also be liable to fine.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 3 years and fine Cognizable –Non -bailable-Triable by any Magistrate of the first class- Non- compoundable.
249. Altering appearance of Indian coin with intent that it shall pass as coin of different description.- Whoever performs on 1[any Indian coin] any operation which alters the appearance of that coin, with the intention that the said coin shall pass as a coin of a different description, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall be liable to fine.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 7 years and fine Cognizable –Non -bailable-Triable by Magistrate of the first class- Non- compoundable.
250. Delivery of coin, possessed with knowledge that it is altered.- Whoever, having coin in his possession with respect to which the offence defined in section 246 or 248 has been committed, and having known at the time when he became possessed of such coin that such offence had been committed with respect to it, fraudulently or with intent that fraud may be committed , delivers such coin to any other person, or attempts to induce any other person to receive the same , shall be punishable with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 5 years and fine Cognizable –Non -bailable-Triable by any Magistrate of the first class- Non- compoundable.
251. Delivery of coin, possessed with knowledge that it is altered.- Whoever, having coin in his possession with respect to which the offence defined in section 247 or 249 has been committed, and having known at the time when he became possessed of such coin that such offence had been committed with respect to it, fraudulently or with intent that fraud may be committed, delivers such coin to any other person, or attempts to induce any other person to receive the same, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 10 years and fine Cognizable –Non -bailable-Triable by Court of Session - Non- compoundable.
252. Possession of coin by person who knew it to be altered when he became possessed thereof. Whoever, fraudulently or with intent that fraud may be committed is in possession of coin with respect to which the offence defined in either of the section 246 or 248 has been committed, having known at the time of becoming possessed thereof that such offence had been committed with respect with respect to such coin, shall be punished with imprisonment of either description of either description for a term which may extend to three years, and shall, also be liable to fine.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 3 years and fine Cognizable –Non -bailable-Triable by any Magistrate of the first class- Non- compoundable.
253. Possession of Indian coin by person who knew it to be altered when he became possessed thereof.- Whoever, fraudulently or with intent that fraud may be committed, is in possession of coin with respect to which the offence define in either of the section 247 or 249 has been committed, having known at the time of becoming possessed thereof, that such offence had been committed with respect to such coin, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 5 years and fine Cognizable –Non -bailable-Triable by any Magistrate of the first class- Non- compoundable.
254. Delivery of coin as genuine, which, when first possessed , the delivered did not know to be altered.- Whoever delivers to any other person as genuine or as a coin of a different description from what it is, or attempts to induce any person to receive as genuine, or as a different coin from what it is, any coin in respect of which he knows that any such operation as that mentioned in section 246,247,248 or 249 his been performed , but in respect of which he did not, at the time when he took it into his possession, know that such operation had been performed , shall be punished with imprisonment of either description for a term which may extend to two years or with fine to an amount which may extend to ten times the value of the coin for which the altered coin is passed, or attempted to be passed.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 2 years and fine, or 10 times the value of the coin Cognizable –Non -bailable-Triable by any Magistrate - Non- compoundable.
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