[Home] [Databases] [WorldLII] [Search] [Feedback] Thai Legislation

You are here:  AsianLII >> Databases >> Thai Legislation >> Act on Ancient Monuments, Antiques, Objects of Art and National Museums 1961

[Database Search] [Name Search] [Noteup] [Download] [Help]

Act on Ancient Monuments, Antiques, Objects of Art and National Museums 1961

Translation

ACT ON ANCIENT MONUMENTS, ANTIQUES, OBJECTS OF ART AND NATIONAL MUSEUMS, B.E. 2504 (1961)[1]

BHUMIBOL ADULYADEJ, REX.
Given on the 2nd Day of August B.E. 2504,
Being the 16th Year of the Present Reign.

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:

Whereas it is expedient to revise the law on ancient monuments, antiques, objects of art and national museums;

Be it, therefore, enacted by the King, by and with the advice and consent of the Constituent Assembly acting as the National Assembly, as follows:

Section 1. This Act is called the "Act on Ancient Monuments, Antiques, Objects of Art and National Museums, B.E. 2504."

Section 2. This Act shall come into force after the expiration of thirty days from the date of its publication in the Government Gazette.[2]

Section 3. The following shall be repealed:

(1) The Act on Ancient Monuments, Objects of Art, Antiques and National Museums, B.E. 2477; and (2) The Act on Ancient Monuments, Objects of Art, Antiques and National Museums (No. 2), B.E. 2486.

All other laws, by-laws and regulations insofar as they deal with matters provided herein or are contrary hereto or inconsistent herewith shall be replaced by this Act.

Section 4.

In this Act:

"ancient monument"[3] means an immovable property which, by its age or architectural characteristics or historical evidence, is useful in the field of art, history or archaeology and shall include places which are archaeological sites, historic sites and historic parks;

"antique" means an archaic movable property, whether produced by man or by nature, or being any part of ancient monument or of human skeleton or animal carcass which, by its age or characteristics of production or historical evidence, is useful in the field of art, history or archaeology;

"objects of art"[4] means a thing skillfully produced by craftmanship which is high valuable in the field of art;

"duplicate antique"[5] means a thing which is a duplicate of an antique or a particular part of an antique registered under this Act or which is in the possession of the Department of Fine Arts;

"duplicate object of art"[6] means a thing which is a duplicate of object of art or a particular part of object of art registered under this Act or which is in the possession of the Department of Fine Arts;

"duplicate"[7] means imitate, replicate or reproduce by any means in order to be like or similar to the original object regardless of its original size, features or material;

"competent official" means the person appointed by the Minister for the execution of this Act;

"Director-General" means the Director-General of the Department of Fine Arts;

"Minister" means the Minister having charge and control of the execution of this Act.

Section 5.[8] The Director-General may, in regard to the issuance of permit or licence by him under this Act, entrust a government official of the Department of Fine Arts in a position not lower than a Director or its equivalent to act on his behalf or the Changwat Governor of any locality to act on his behalf in such locality. Such entrustment shall be published in the Government Gazette.

After the publication of entrustment of authority to the Changwat Governor of any locality according to paragraph one, the application for permit or licence shall be filed with the Changwat Governor of such locality.

Section 6.[9] The Minister of Education shall have charge and control of the execution of this Act, and shall have the power to appoint competent officials, issue Ministerial Regulations prescribing fees not exceeding the rates provided in the schedules hereto attached, granting exemption from fees, and prescribing other activities for the execution of this Act.

Such Ministerial Regulations shall come into force upon their publication in the Government Gazette.

CHAPTER I - Ancient Monuments

Section 7. The Director-General shall, for the purpose of keeping, maintaining and controlling ancient monuments under this Act, have the power to cause, by means of notification in the Government Gazette, any ancient monument as he thinks fit to be registered, and to determine such area of land as he thinks fit to be its compound; which area shall also be considered as ancient monument. Cancellation and modification of the same may likewise be made.

If the ancient monument to be registered under the foregoing paragraph is owned or lawfully possessed by any person, the Director-General shall notify in writing the owner or possessor thereof. The owner or possessor shall, if not satisfied therewith, be entitled within thirty days from the date of his or her being aware of the Director-General's notification to apply for an order of the Court requiring the Director-General to stop registration and/or determination of such area of land as ancient monuments, as the case may be. If the owner or possessor fails to apply for the order of the Court or the Court gives, when the case is final, the order rejecting the application, the Director-General shall proceed with the registration.

Section 7 bis.[10] No person shall construct any building according to the law on the control of building construction within the compound of ancient monument registered by the Director-General except permit has been obtained from the Director-General.

In the case where the building being constructed without permit, the Director-General shall have the power to stop the construction and to demolish the building or a part of the building within sixty days from the date of the receipt of the order.

Any person who refuses to stop the construction or to demolish the building or a part of building according to order of the Director-General shall be liable to the offence of refusing the order of official. The Director-General shall demolish the building or a part of that building and the owner, the occupier or the constructor shall have no right to claim damages or proceed with the case whatsoever against the persons executing that demolition.

If the owner does not remove the demolished materials from the ancient monument's compound within fifteen days from the date of the completion of the demolition, the Director-General shall sell such materials by auction. Proceeds of sale after deduction of demolition and sales expenses shall return to the owner of such materials.

Section 8. All ancient monuments listed and published in the Government Gazette by the Director-General under the law on ancient monuments, objects of art, antiques and national museums before the day of the coming into force of this Act shall also be taken as registered ancient monuments under this Act.

Section 9. In case the registered ancient monument owned and lawfully possessed by any person is deteriorating, dilapidating or being damaged by any means whatsoever, the owner or possessor thereof shall inform the Director-General of the deterioration, dilapidation or damage within thirty days from the date of his or her being aware of its occurence.

Section 9 bis.[11]

In determining the expense of repair under paragraph one, the Director-General shall appoint a committee of not less than three persons and the owner or possessor shall also be a member.

Section 10.[12] No person shall repair, modify, alter, demolish, add to, destroy, remove any ancient monument or its parts or excavate for anything or construct any building within the compound of ancient monument, except by order of the Director-General, or permit has been obtained from the Director- General. If the permit contains any conditions, they shall be complied with.

Section 10 bis.[13]

The competent official shall have the power to enter any ancient monument for the purpose of inspection as to whether there has been any repair, modification, alteration, demolition, addition, destruction, removal of ancient monument or its parts or any excavation or construction of building within the compound of ancient monument. The competent official shall have the power, for this purpose, to seize or attach any object which is reasonably suspected of excavation within the compound of ancient monument.

The inspection, seizure or attachment under paragraph one shall be made between sunrise and sunset. After an inspection, seizure or attachment has taken place in the Bangkok Metropolitan area, a report shall be made to the Director-General and in other Changwats to the Changwat Governors and the Director-General.

Section 11. The Director-General shall have the power in regard to any registered ancient monument even owned or lawfully possessed, to order the competent official or any person to make a repair or to do by any means whatsoever for restoration or preservation of its original condition; provided that its owner or possessor has first to be notified thereof.

Section 12. In case of transfer of the registered ancient monument, the transferor shall give the Director-General within thirty days from the date of transfer a written information specifying the transferee's name and residence as well as the date of transfer.

The person who acquires ownership of a registered ancient monument by inheritance or by will shall inform the Director-General of such acquisition within sixty days from the date of the acquisition. In case there are many persons acquiring ownership of the same ancient monument and one of the co-owners entrusted to give information of the acquisition of ownership has given the information within the said period, it shall be taken that all co-owners have given such information.

Section 13.[14] When it is deemed appropriate for preserving the condition, safety, cleanliness and tidiness of the registered ancient monument, the Minister shall have the power to issue a Ministerial Regulation on conducts of visitors during their visit; and may fix admission fee or any other fees.

The organizing of visits to ancient monument owned or lawfully possessed by any individual who charge admission fee or any other fees shall be notified in writing prior to the Director-General and shall be complied with the rules, procedure and conditions notified by the Director-General in the Government Gazette.

Section 13 bis.[15]

CHAPTER 2 - Antiques and Objects of Art

Section 14.[16] The Director-General shall have the power, if he deems that any antique or object of art not being in the possession of the Department of Fine Arts is useful or of special value in the field of art, history or archaeology, to cause, by means of notification in the Government Gazette, such antique or object of art to be registered.

The Director-General shall have the power, if he deems that any antique whether it is registered or not, or any registered object of art should be conserved as a national property, to cause, by means of notification in the Government Gazette, such antique or object of art not to be traded. If he deems that they should become a national property, the Director-General shall have the power to purchase such antique or object of art.

Section 14 bis.[17]

When a notification under paragraph one has been made, the Director-General or a person entrusted by him or her shall have the power to enter a dwelling place of an owner or possessor or a place at which antiques or objects of art are stored between sunrise and sunset or during working hours for the benefit of registration. In the case where it is deemed that any antique or object of art is useful or of special value in the field of art, history or archaeology, the Director-General shall have the power under section 14.

Section 15. No person shall repair, modify or alter any registered antique or object of art, unless permit has been obtained from the Director- General. If the permit contains any conditions, they shall be complied with.

Section 16.[18] In case the registered antique or object of art is deteriorating, dilapidating or being damaged or lost or removed from the place at which it is stored, the possessor of such antique or object of art shall inform the Director-General of the deterioration, dilapidation, damage, lose or removal within thirty days from the date of his or her being aware of its occurence.

Section 17. In case of tranfer of the registered antique or object of art, the transferor shall give the Director-General within thirty days from the date of transfer a written information specifying the transferee's name and residence as well as the date of tranfer.

The person who acquires ownership of a registered antique or object of art by inheritance or by will shall inform the Director-General of such acquisition within sixty days from the date of the acquisition. In case there are many persons acquiring ownership of the same antique or object of art and one of the co-owners entrusted to give information of the acquisition of ownership has given the information within the said period, it shall be taken that all co-owners have given such information.

Section 18.[19] Antiques or objects of art which are the State property and under the custody and care of the Department of Fine Arts are inalienable, except by virtue of law. However, if the number of certain similar antiques or objects of art is in excess of need, the Director-General may permit to transfer them by means of sale or exchange for the benefit of national museums or give them to the excavators as rewards or for a consideration of their service in compliance with rules notified by the Director-General in the Government Gazette.

Section 18 bis.[20]

When a notification under paragraph one has been made, the productions, trade or possession in a place of business of a duplicate antique or duplicate object of art under duplication control thereof shall be complied with the rules, procedure and conditions notified by the Director-General in the Government Gazette. The person who wishes to produce a duplicate antique or duplicate object of art under such duplication control shall inform a list of items to the Director-General and show a sign of duplication on each produced item.

After being informed according to paragraph two, the Director- General shall notify lists of producers and duplicate antiques and duplicate objects of art under duplication control to the Director-General of the Customs Department for the benefit of export or take out of the Kingdom.

Section 19.[21] Any person wishing to engage in the business of antiques and objects of art not to be traded under section 14 paragraph two must obtain a licence from the Director-General.

The application for a licence and the grant thereof shall be in accordance with the rules, procedure and conditions prescribed in the Ministerial Regulation.

In case the Director-General grants the application, he shall notify the list of the licensees in the Government Gazette.

In case the Director-General refuses to grant the application, the applicant is entitled to lodge an appeal in writing with the Minister within thirty days from the date of his or her being aware of such order.

The decision of the Minister shall be final.

Section 19 bis.[22]

Section 19 ter.[23]

The application for a renewal of licence and the grant thereof shall be in accordance with the rules, procedure and conditions prescribed in the Ministerial Regulation.

In case the Director-General grants the application, he shall notify the list of the licensees in the Government Gazette.

In case the Director-General refuses to grant the application, the applicant is entitled to lodge an appeal in writing with the Minister within thirty days from the date of his or her being aware of such order.

The decision of the Minister shall be final.

If there is an appeal for a renewal of the licence under paragraph three before the decision is made by the Minister, the Minister may give the permission that the appellant may carry on his or her business if he or she so requests.

Section 20.[24] The licensee under section 19 shall produce the licence in the conspicuouse place of his or her business and he or she shall make a list of the antiques or objects of art or duplicate antiques or duplicate objects of art which are in his or her possession and keep such list within such place in compliance with rules notified by the Director-General in the Government Gazette.

Section 21.[25] The competent official shall have the power to enter any place of production, business, exhibition or storage of antiques or objects of art or duplicate antiques or duplicate objects of art between sunrise and sunset or during working hours for the purpose of inspection as to whether the licensee has complied with this Act or whether the antiques or objects of art or duplicate antiques or duplicate objects of art unlawfully acquired or whether there are duplicate antiques or duplicate of objects of art not being complied with notification prescribed by the Director-General under section 18 bis in such places. In the case where there is a reasonable cause to suspect that the licensee has not complied with this Act or there are the antiques or objects of art or duplicate antiques or duplicate objects of art unlawfully acquired or duplicate antiques or duplicate objects of art not complied with notification prescribed by the Director-General under section 18 bis, the competent official shall have the power to seize or attach any antiques or objects of art or duplicate antiques or duplicate objects of art for the benefit of legal prosecution.

Section 21 bis.[26] In the performance of duties, the Director- General or a person entrusted by him or her or the competent official, as the case may be, shall produce his or her identity card to the owner, the possessor, the licensee or the person concerned at the places being inspected under section 14 bis or section 21 and such person concerned shall provide him with reasonable facilities.

The identity card of the competent official shall be in the form prescribed in the Ministerial Regulation.

Section 21 ter.[27]

Section 22.[28] No person shall export or take out of the Kingdom any antique or object of art irrespective of whether it is registered or not, unless a licence has been obtained from the Director-General.

The application for a licence and the grant thereof shall be in accordance with the rules, procedure and conditions prescribed in the Ministerial Regulation.

The provisions of paragraph one shall not apply to objects of art which are not more than five years old and have not been registered and the bringing of antiques or objects of art in transit.

Section 23. Any person being desirous of temporarily dispatching antiques or objects of art out of the Kingdom shall apply to the Director- General for a licence. In case the Director-General gives the order refusing to grant the application, the applicant is entitled to lodge an appeal against the Director-General's refusal with the Minister within thirty days from the date of his or her being aware of such order. The decision of the Minister shall be final.

In case the Director-General deems appropriate or the Minister decides that a licence be issued to the applicant for temporarily dispatching antiques or objects of art out of the Kingdom and the applicant has agreed to comply with the conditions, methods and requirements on deposit of security money and/or payment of penalties as prescribed in the Ministerial Regulation relating thereto, the Director-General shall accordingly issue a licence to the applicant.

Section 23 bis.[29]

Section 24.[30] Antiques or objects of art buried in, concealed or abandoned within the Kingdom or the Exclusive Economic Zone under such circumstances that no one could claim to be their owners shall, whether the place of burial, concealment, or abandonment be owned or possessed by any person, become the State property. The finder of such antiques or objects of art shall deliver the same to the competent official or the administrative or police official under the Criminal Procedure Code and is entitled to not more than a reward of one-third of the value of such property.

The Director-General shall appoint a committee of not less than three members to dertermine the value of property according to paragraph one.

The finder is entitled to appeal against the decision of the said committee to the Director-General within fifteen days from the date of his or her being aware of the decision. The decision of the Director-General shall be final.

Section 24 bis.[31]

The application for a substitute of the licence and the issuance thereof shall be in accordance with the rules, procedure and conditions prescribed in the Ministerial Regulation.

CHAPTER 3 - National Museums

Section 25. There shall be national museums for keeping antiques or objects of art which are the State property.

Any site on which a national museum is to be established or any place required to be a national museum as well as the cancellation of the status of national museum shall be published by the Minister in the Government Gazette.

National Museums existing on the day of the coming into force of this Act shall be national museums under this Act.

Section 26.[32] Antiques and objects of art which are the State property under the custody of the Department of Fine Arts shall not be kept in other place than in the national museums. But in case it is unable or unsuitable to keep them in the national museums, they may be, subject to the permission of the Director-General, kept in other museums, temples, or places belonging to the government.

The provisions of paragraph one shall not apply to the case of temporarily displaying antiques or objects of art at any place by permission of the Director-General, or to the case of taking antiques or objects of art out of the national museums for repair by order of the Director-General.

In case of plurality of similar pieces of antiques and objects of art, the Director-General may allow any Ministry, Sub-Ministry or Department to keep some pieces of them.

Section 27.[33] When it is deemed appropriate for preserving the safety, cleanliness and tidiness of national museums, the Minister shall have the power to issue a Ministerial Regulation on conducts of visitors during their visit and may fix admission fee or any other fees.

CHAPTER 4 - Archaeological Fund

Section 28. There shall be set up a fund called the "Archaeological Fund" for the expenses of operation profitable to ancient monuments or museum activity.

Section 29. The archaeological fund consists of:

(1) money acquired under this Act;

(2) monetary benefits accuring from ancient monuments;

(3) donation in cash or property;

(4) central fund or capital money which, under the law on ancient monuments, objects of art, antiques and national museums, is at the disposal of the Department of Fine Arts on the day of the coming into force of this Act.

Section 30. The keeping and the payment of archaeological fund shall be in compliance with rules prescribed by the Minister.

CHAPTER 4
BIS[34] Suspension and Revocation of Licences

Section 30 bis.

When any licensee violates or does not comply with this Act, Ministerial Regulation, Notification or rules issued under this Act or conditions imposed by the Director-General, the Director-General shall have the power to suspend the licence for a period of not more than sixty days each time; but in the case where a licensee is prosecuted in the Court for an offence under this Act, the Director-General may suspend the licence pending the final judgment of the Court.

The person whose licence has been suspended shall not apply for any licence under this Act during the period of such suspension.

Section 30 ter.

When it appears that any licensee has received the final judgement of the Court for a violation of this Act or violates the order of suspension, the Director-General shall have the power to revoke his licence.

The person whose licence has been rovoked shall not apply for any licence under this Act until the period of two years from the date of the revocation has elapsed.

Section 30 quarter.

The licensee shall be notified of the order of suspension and the order of revocation in writing. In the case where the person whose licence has been suspended or rovoked is not found or refuses to recieve the order, such order shall be posted at the conspicuous place specified in the licence or the domicile of such licensee, and such licensee shall be deemed to have known thereof from the date of posting the order.

The order of suspension and the order of revocation under paragraph one shall be published in the Government Gazette and may propagate in newspaper or by other method.

Section 30 quinque.

The person whose licence has been suspended shall have the right to appeal in writing to the Minister within thirty days from the date of his or her being aware of the order.

The decision of the Minister shall be final.

The appeal under paragraph one shall not stay the execution of the order of suspension or revocation.

CHAPTER 5 - Penalties

Section 31.[35] Any person who finds any antique or object of art which is buried in, concealed or abandoned at any place under such circumstances that no person could claim to be its owner and converts the same to himself or herself or to other person, shall be liable to imprisonment for a term not exceeding seven years or to a fine not exceeding seven hundred thousand Baht or to both.

Section 31 bis.[36]

If the offence under paragraph one is committed for commercial purposes, the offender shall be liable to imprisonment for a term not exceeding seven years or to a fine not exceeding seven hundred thousand Baht or to both.

Section 32.[37] Any person who trespasses ancient monument or damages, destroys, causes depreciation in value to or makes useless of any ancient monument, shall be liable to imprisonment for a term not exceeding seven years or to a fine not exceeding seven hundred thousand Baht or to both.

If the offence under paragraph one is committed against the registered ancient monument, the offender shall be liable to imprisonment for a term not exceeding ten years or to a fine not exceeding one million Baht or to both.

Section 33.[38] Any person who damages, destroys, causes depreciation in value to, makes useless of or loss any registered antique or object of art, shall be liable to imprisonment for a term not exceeding ten years or to a fine not exceeding one million Baht or to both.

Section 34.[39] Any person who does not comply with section 9, 12, 13 paragraph two, 14 bis, 16, 17 or 20 or does not comply with the Ministerial Regulations issued under section 13 or 27 shall be liable to imprisonment for a term not exceeding one month or to a fine not exceeding ten thousand Baht or to both.

Section 35.[40] Any person who violates section 10 or does not comply with the conditions imposed by the Director-General in the licence under section 10, shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding three hundred thousand Baht or to both.

Section 36.[41] Any person who trades in antiques or objects of art not to be traded by the notification issued under section 14 paragraph two or violates section 15 or does not comply with the conditions imposed by the Director-General in the licence under section 15, shall be liable to imprisonment for a term not exceeding five years or to a fine not exceeding five hundred thousand Baht or to both.

Section 36 bis.[42]

Section 37.[43] Any person who does not comply with section 19 paragraph one shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding three hundred thousand Baht or to both.

Section 37 bis.[44]

Section 37 ter.[45]

Section 38.[46] Any person who, in violation of section 22, exports or takes out of the Kingdom any non-registered antique or object of art shall be liable to imprisonment for a term not exceeding seven years or to a fine not exceeding seven hundred thousand Baht or to both.

Section 39.[47] Any person who, in violation of section 22, exports or takes out of the Kingdom any registered antique or object of art shall be liable to imprisonment for a term of one year to ten years and to a fine not exceeding one million Baht.

Transitory Provisions

Section 40. Any person who, on the day of the coming into force of this Act, trades in antiques or objects of art or as his or her regular business, displays the same to the public for collecting admission fee shall apply to the Director-General for a licence to that effect within thirty days from the day of the coming into force of this Act.

The provisions of sections 19 and 20 shall not apply to the person who trades in antiques or objects of art or as his or her regular business, displays the same to the public for collecting admission fee, and has applied for a licence in comformity with the foregoing paragraph, thus as from the day of the coming into force of this Act up to the day of receiving the licence.

Countersigned by:

Field-Marshal S.Dhanarajata
Prime Minister

Certified correct translation (Dr. Ackaratorn Chularat)
Secretary-General of the Council of State
Office of the Council of State

Rates of Fees[48]

(1) Licence under section 19 20,000 Baht each

(2) Licence under section 22

(a) Antiques or objects of art which the Department of the Fine Arts deems as dated from Ayudhya and earlier periods, not exceeding 2,000 Baht each

(b) Antiques or objects of art which the Department of Fine Arts deems as dated in the period later than Ayudhya period, not exceeding 1,000 Baht each

(3) Licence substitute 100 Baht each

(4) Renewal of a licence each time equal to the fee for the licence

[1] As last amended by the Act on Ancient Monuments, Antiques, Objects of Art and National Museums (No. 2), B.E. 2535 (1992)(published in the Government Gazette Vol. 109, Part 38, dated 5th April B.E. 2535 (1992))

[2] Published in the Government Gazette Vol. 78, Part 66, dated 29th August B.E. 2504 (1961)

[3] As amended by section 3 of the Act on Ancient Monuments, Antiques, Object of Art and National Museums (No. 2), B.E. 2535 (1992)

[4] As amended by section 4, ibid.

[5] As added by section 5, ibid.

[6] Ibid.

[7] Ibid.

[8] As amended by section 6, ibid.

[9] Ibid.

[10] As added by clause 1 of the Announcement of the National Executive Council No. 308, dated 13th December B.E. 2515 (1972)

[11] As added by section 7 of the Act on Ancient Monuments, Antiques, Objects of Art and National Museums (No. 2), B.E. 2535 (1992)

[12] As amended by section 8, ibid.

[13] As amended by section 9, ibid.

[14] As amended by section 10, ibid.

[15] As added by section 11, ibid.

[16] As amended by section 12, ibid.

[17] As added by section 13, ibid.

[18] As amended by section 14, ibid.

[19] As amended by section 15, ibid.

[20] As added by section 16, ibid.

[21] As amended by section 17, ibid.

[22] As amended by section 18, ibid.

[23] As added by section 19, ibid.

[24] As amended by section 20, ibid.

[25] Ibid.

[26] As added by section 21, ibid.

[27] Ibid.

[28] As amended by section 22, ibid.

[29] As added by section 23, ibid.

[30] As amended by section 24, ibid.

[31] As added by section 25, ibid.

[32] As amended by section 26, ibid.

[33] Ibid.

[34] As added by section 27, ibid.

[35] As amended by section 28, ibid.

[36] As added by section 29, ibid.

[37] As amended by section 30, ibid.

[38] As amended by section 30, ibid.

[39] As amended by section 31, ibid.

[40] Ibid.

[41] As amended by section 32, ibid.

[42] As added by section 33, ibid.

[43] As amended by section 34, ibid.

[44] As added by section 35, ibid.

[45] Ibid.

[46] As amended by section 36, ibid.

[47] Ibid.

[48] As amended by section 37, ibid.