6. Conditions of licence under rule 5.-Eveiy licence granted under rule 5 shall be subject to the following conditions, namely:
(a) The licence shall not be transferable :
Provided that where a licensee transfers his business to another person the transferee may, on an application made in Form I-A be granted a fresh licence, without payment of a licence-fee, for the unexpired period of the licence of the transferor, by the licensing officer, having regard to the factors mentioned in rule 5;
Provided further that in the case of the death of licensee when the licensee is an individual, a fresh licence for the unexpired period of the licence can be granted in Form II-A without payment of any fee, to the legal heir of the late licensee subject to the condition that an application in Form I-A is made by that heir to the licensing officer within three months of the date of death of the licensee, and the licensing officer is satisfied with the factors mentioned in rule 5, in regard to the applicant.
Note.- The grant of a fresh licence under the second proviso shall not be deemed to affect the rights of any other person over the business or business premises of the deceased licensee to which such other person may be lawfully entitled.
(b) No licensee shall enter into partnership, or if the licensee is already a partnership firm, into further partnership, in regard to the business covered by the licence :
Provided that if the licensee wants to enter into partnership or further partnership, as the case may be, in regard to the business covered by the licence, all the proposed partners including the existing one (s) may apply in Form I-A to the licensing officer and if the licensing officer is satisfied with all the facts mentioned in rule 5 in regard to all the proposed partner (s), he may issue a fresh licence in Form II-A for the unexpired period of the licence without payment of any fee.
(c) Where a firm in respect of which a licence is granted is dissolved every person who was a partner of that firm immediately before the dissolution shall, within ten days of such dissolution, send a report thereof to the licensing officer.
(d) Where a licensee carries on his business at more than one place he shall obtain a separate licence for each place.
(e) No licensee shall shift his business covered by the licence to new premises during the currency of the licence. However, if he wants to do so, he may apply in Form I-A to the licensing officer and if the licensing officer is satisfied with the fact mentioned in Sec. 8 (b) of the said Act, in regard to the proposed premises, he may modify the licence accordingly. The modified licence shall be valid in regard to the new premises only from the date of such modification.
(f) The licensee shall if so required by the licensing office’ permit the licensing officer’s photographer to take photographs of antiquities in the possession of the licensee.
(g) The licensee shall cause his licence to be prominently displayed at his licensed premises;
(h) The licensee shall submit to the licensing officer in Form III, a monthly return of sales and acquisition of antiquities, within fifteen days of the expiry of the month to which the return relates and, shall also, on demand within such time as the licensing officer may specify, produce such records;
(i) Where a licence is revoked or suspended under the Act the licensee shall not be entitled to any compensation for such revocation or suspension, nor shall he be entitled to claim refund of any sum paid in respect of his licence.
(j) In case of termination of a licence/through expiry/ dissolution of partnership, the ex-holders of the licence shall be allowed to antiquities in his/her/their possession on the date of termination to a licensee or recognized museum in India within six months of the date of termination of the licence provided the ex-holder of the licence has/have properly declared his/her/their stock in Form V as laid down in conditions (k) and (m).
(k) Two months before the date of expiry of a licence, every licensee shall send to the licensing officer a declaration of stock in Form V and another declaration of stock in Form VI immediately after six months from the date of expiry.
(l) In the case of revocation of a licence for non-compliance with any condition for the grant of a licence, an ex-licence, shall submit a declaration of stock in Form V to the licensing officer within fifteen days of revocation.
(m) In the case of dissolution of a partnership firm, which holds a licence, every partner in the firm shall immediately on dissolution jointly, or severally, send to the licensing officer a declaration of stock in Form V and another declaration of stock in Form VI immediately after six months from the date of dissolution.
(n) A licensee who wants to surrender his licence shall apply in Form X to the licensing officer. The application shall be accompanied by a declaration of stock in Form V. If the licensing officer is satisfied that there has been compliance with all the conditions of the licence by the licensee, he may accept the surrender and the licence shall be deemed to have been terminated from the date of such acceptance. This shall not entitle the licensee to any compensation by way of licence fee in any form.
(o) The licensee who has surrendered his licence shall be allowed to sell the antiquities declared to another licensee or recognized museum in India up to six months from the date of acceptance of the surrender of his licence provided that on the expiry of such six months, he shall send to the licensing officer a declaration of-stock in Form VI.
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