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THE ANTIQUITIES ACT, 1976

1Act No. VII OF 1976

[10th January, 1975]

An Act to repeal and re-enact the law relating to the preservation and protection of antiquities.

WHEREAS it is expedient to repeal and re-enact the law relating to the preservation and protection of antiquities and to provide for matters connected therewith or ancillary thereto;

It is hereby enacted as follows:—

1. Short title, extent and commence­ment. —(1) This Act may be called the Antiquities Act, 1975.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at .

2. Definitions. In this Act, unless there is any thing repugnant ih the

subject of context,—

(a) "Advisory Committee" means the Advisory Com­mittee constituted under section 3;

2[(b) 'ancient', in relation to an antiquity, means an anti­quity which has been in existence for a period of not less than seventy-five years;]0

(c) "antiquity" means—

(i) any ancient product of human activity, movable or immovable, illustrative of art, architecture, craft, custom, literature, morals, politics, religion, warfare or science or of any aspect of civilization or culture,

(ii) any ancient object or site of historical, ethnogra­phical, anthropological, military or scientific interest,

(iii) any national monument, and

(iv) any other object or class of such objects declared by the Federal Government, by notification in the official Gazette, to be an antiquity for the purposes of this Act;

 

1For Statement of Objects and Reasons, see Gaz. of P., 1975, Ext., Pt. HI, p. 1541.

The Act has been applied to Provincially Administered Tribal Areas of N.W.F.P. with certain modifications, see Notifn. No. 14/43-505(II) (H.D)/80. dt. 29-1-81, see Gaz. of N.W.F.P, Ext., p.

2Subs. by the Antiquities (Amdt.) Act, 1992 (21 of 1992), s. 2, for clause (b).


 

 (d) "dealer" means a person engaged in the business of buying and selling antiquities; and "deal in antiqui­ties" means to carry on such business;

 

(e) 1[Director-General] means the 1[Director-General] of Archaeology, Government of Pakistan, and includes an officer authorised by him to exercise or perform all or any of the powers or functions of the 1[Director-General] under this Act;

(f) "export" means taking out of Pakistan by land, sea or air;

(g) "immovable antiquity" means an antiquity of any of the following descriptions, namely:—

(i) any archaeological deposit on land or under water,

(ii) any archaeological mound, tumulus, burial place or place of internment, or any ancient garden, structure, building, erection or other work of historical, archaeological military or scientific interest,

(iii) any rock, cave or other natural object of histori­cal, archaeological artistic or scientific interest or containing sculpture, engraving, inscription or painting of such interest, and includes—

(1) any gate, door, window, paneling, dado, ceiling, inscription, wall-painting, wood work, metal work or sculpture or any other thing which is attached or fastened to an immovable antiquity;

(2) the remains of an immovable antiquity;

(3) the site of an immovable antiquity;

(4) such portions of land or water adjoining the site of an immovable antiquity as are reasonably required for fencing or covering or otherwise preserving such antiquity;

 

1Subs. by the Antiquities (Amdt.) Act, 1992 (21 of 1992), s. 2, for "Director".


 

(5) the reasonable means of access to, and convenient inspection of an immovable antiquity; and

(6) any urban site, street, group of buildings or public square of special value which the Federal Government, being of the opinion that its preservation is a matter of public interest by reason of its arrangement, architecture or materials of construction, by notification in the official Gazette, declares to be an immovable antiquity for the purposes of this Act;

(h) “national monument” means any building, structure, erection, place of internment, garden, portion of land or any other place or thing of national importance as may be determined and notified as such from time to time by the Federal Government in consultation with the Advisory Committee;

(i) “owner” includes—

(i) any person legally competent to act on behalf of the owner, when by reason of infancy or other disability the owner is unable to act;

(ii) a joint owner invested with powers of manage­ment on behalf of himself and other joint owners and the successor in interest of such owner; and

(iii) any manager or trustee exercising the powers of management and the successor in office of such manager or trustee;

(j) "protected antiquity" means an antiquity which isdeclared under section 10 to be a protected antiquity; and

(k) "rules" means rules made under this Act.

3.Advisory Committee.l[(l) For the purposes of this Act, the Federal Govern­ment shall, by notification in the Official Gazette, constitute an Advisory Committee comprising of such members, including one member each from the Senate and the National Assembly, as may be deemed necessary. The Chairman of the Advisory Committee shall be the member of Parliament.]

(2) No act or proceeding of the Advisory Committee shall be deemed to be invalid by reason only of the existence of a vacancy in, or defect in the constitution of, the Committee.

4. Dispute as to whether any product etc., is an antiquity. If any question arises whether any product, object or site is an antiquity within the meaning of this Act it shall be referred to the Federal Government which shall, after consultation with the Advisory Committee, decide the same; and the decision of the Federal Government shall be final.

 

1Subs. by the Antiquities (Amdt.) Act, 1992 (21 of 1992), s. 4, for sub­-section (1).


 

5. Custody, preservation etc., of certain antiquities.— (1)Where the 1[Director General] receives any information or otherwise has the knowledge of the discovery or existence of an antiquity of which there is no owner, he shall, after satisfying himself as to the correctness of the information or knowledge, take such steps as he may consider necessary for the custody, preservation and protection of the antiquity.

(2) Where the owner of an antiquity is not traceable, the 1[Director General] may, with the approval of the Federal Government, take such as he may consider necessary for the custody, preservation and protection of the antiquity.

2[5A Accidental discovery of antiquity to be reported, to 1[Director-General].—(1) Whoever discovers, or finds accidentally any movable antiquity shall inform the 1[Director General] within seven days of its being discovered or found and preserve it for the period specified in sub-section (2).

(2) If, within seven days of his being informed under sub­-section (1) of the discovery of a movable antiquity or of a movable antiquity having been found, the 1[Director General] decides to take over the antiquity for purposes of custody, preservation and protection the person discovering or finding it shall hand it over to the 1[Director General] or a person authorised by him in writing.

3[(3) Where the Director General decides to take over an antiquity he may pay to the person by whom it is handed over to him such cash reward as the Advisory Committee may deem fit.]

(4) If any person who discovers or finds any movable antiquity contravenes the provisions of sub-section (1) or sub­-section (2), he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both, and; the court convicting such person shall direct that the antiquity in respect of which such contravention has taken place shall stand forfeited to the Federal Government.]

6. Power of entry, inspection, etc.__(1) The 4[Director General] may, after giving reasonable notice, enter into, inspect and examine any premises, place or area which or the sub‑soil of which ha may have reason to believe to be, or to contain an antiquity and may cause any site, building, object or any antiquity or the remains of any antiquity in such premises, place or area to be photo graphed, copied or reproduced by any process suitable for the purpose.

(2) The owner or occupier of the premises, place or area shall afford all reasonable opportunity and assistance to the 4[Director General] for the purpose of sub-section (1).

(3) No photograph, copy or reproduction taken or made under or for the purposes of sub-section (1) shall be sold or offered for sale except by or with the consent of the owner of the object of which the photograph, copy‑ or reproduction has been taken or made.

(4) Where substantial damage is caused to any property as a result of the inspection under sub-section (1), the 1[Director General] shall pay to the owner thereof reasonable compensation for the damage.

 

1Subs. by the Antiquities (Amdt.) Act, 1992 (21 of 1992), s. 2, for "Director".

2Section 5A ins. by the Antiquities (Amdt.) Ordinance, 1978 (42 of 1978), s. 2.

3Subs. by Act. 2l Of 1992, s. 5, for sub-section (3).

4Subs. by the Antiquities (Amdt.) Act, 1992 (21 of 1992), s. 2, for "Director".


 

7. Acquisition of land containing antiquities. If the Federal Government has reasonable grounds to believe that any land contains any antiquity it may direct the Provincial Government to acquire such land or any part thereof; and the Provincial Government shall thereupon acquire such land or part under the Land Acquisition Act, 1894 (I of 1894), as for a public purpose.

8. Purchase, taking lease, etc., of antiquity.‑(1) The 1[Director General] may, with the previous sanction of the Federal Government, purchase, or take lease or accept a gift or bequest of, an antiquity.

(2) The 1[Director General] may receive voluntary contributions and donations for the acquisition, preservation or restoration of antiquities and may make suitable arrangements for the management and application of the fund created by such contributions and donations:

Provided that a contribution or donation made for any specified purpose shall not be applied to any purpose other than that for which it has been made.

9. Right of pre‑emption in case of a sale of antiquity.__(1) Where the 1[Director General] receives any information or otherwise has the knowledge that any antiquity or any immovable property containing an antiquity is offered for sale or is about to be sold, he may, with the approval of the Federal Government, exercise the right of pre‑emption with respect to such antiquity or property and, if he intends to exercise the right, shall give to the person (2) If the 1[Director General] does not exercise with respect to any antiquity or property the right of pre‑emption within a period of three months from the date of notice given under subsection (l), the antiquity or property may be sold to any person after the expiry of the said period and a notice of such sale shall be given to the 1[Director General].

(3) Save as provided in sub-section (2), no antiquity or property in respect of which a notice under sub-section (1) has been given shall be sold to any person.

(4) All sales in contravention of sub-section (3) shall be void and the antiquity or property so sold shall be forfeited to the Federal Government.

10. Declaration of protected antiquities.__ (1) The Federal Government may, by notification in the official Gazette, declare any antiquity to be a protected antiquity for the purposes of this Act.

(2) A copy of a notification under sub-section (1) shall be served on the owner of the antiquity and; in the case of an immovable antiquity, shall also be fixed up in a conspicuous place of or near the antiquity.

 

1Subs. by the Antiquities (Amdt.) Act, 1992 (21 of 1992), s. 2, for “Director”.


(3) A notification under sub-section (1) shall, unless it is cancelled by the Federal Government, be conclusive evidence of the fact that the antiquity to which it relates is a protected antiquity for the purposes of this Act.

(4) Antiquities declared to be protected antiquities under the Antiquities Act, 1968 (XIV of 1968), and ancient monuments deemed to be protected antiquities for the purposes of that Act, shall be deemed to be protected antiquities for the purposes of this Act.

11. Representation against declaration of protected antiquities. (1) The owner of an antiquity to which a notification under section 10 relates, or any person having any right or interest in the antiquity, may, within three months of the service of a copy of the notification, make a representation in writing to the Federal Government against the notification.

(2) Upon the receipt of a representation under sub-section (1) against a notification, the Federal Government, after giving the person making it an opportunity of being heard and after consultation with the Advisory Com­mittee, may, if it is satisfied that there are good and sufficient reasons for objection to the notification, cancel it.

12. The guardianship of antiquity by agreement. (1) The owner of any immovable antiquity or protected antiquity may, by an agreement in writing constitute the 1[Director General] the guardian of such antiquity and the 1[Director General] may, with the previous sanction of the Federal Government, accept such guardianship.

(2) Where the 1[Director General] has accepted the guardianship of an antiquity in pursuance of an agreement under sub-section (1), the owner shall, except as expressly provided in this Act and in the agreement, have the same right, title and interest in and to the antiquity as if the 1[Director General] had not been constituted the guardian thereof.

(3) An agreement under this section in relation to an antiquity may provide for all or any of the following matters, namely:

(a) the maintenance of an antiquity;

(b) the custody of the antiquity and the duties of any person who may be employed to watch it;

(c) the restrictions upon the right of the owner to alienate, destroy, remove, alter or deface the antiquity or to build on or near the site of the antiquity;

(d) the facilities of access to be allowed to the public;

 

1Subs. by the Antiquities (Amdt.) Act, 1992 (21 of 1992), s. 2, for “Director”.


(e) the facilities to be allowed to persons deputed by the owner or the 1[Director General] for inspection aid maintenance of the antiquity;

(f ) the expenses to be incurred in connection with the preservation of the antiquity and payment of such expenses if incurred by the owner;

(g) compensation to be paid for any loss sustained by the owner or occupier or any other person as a result of the enforcement or observance of the agreement; and

(h) any other matter connected with the custody, management and preservation of the antiquity.

(4) The terms of an agreement under this section may be altered from time to time with the sanction of the Federal Government and with the consent of the owner.

(5) An agreement under this section in relation to an antiquity may be terminated upon six months' notice in writing given by the 1[Director General], with the previous sanction of the Federal Government, to the owner or by the owner to the 1[Director General].

13. Purchasers at certain sales and persons claiming through owner bound by agreement entered into by owner. Notwithstanding anything contained in any other law for the time being in force, every person who, at a sale for the recovery of arrears of land revenue or any other public demand, purchases any land or property, or any right or interest in land or property, which contains or in which is situated an antiquity in respect of which an agreement under section 12 subsists, and every person claiming any title to any antiquity from, through or under an owner who entered into such agreement, shall be bound by such agreement.

2[13A. Ownership of buried antiquities. Notwithstanding anything contained in any other law for the time being in force, the ownership of all buried antiquities shall vest in the Federal Government.]

14. Application of endowment for maintenance and preservation of antiquity. (1) Where any endowment has been created for the maintenance and preservation of any protected antiquity, or for that purpose among others, and the owner or other person competent in this behalf fails in the proper application of such endowment and, when proposed to him by the 3[Director General], refuses or fails to enter into an agreement under section 12, the 3[Director General] may, for the proper application of such endowment or part thereof, institute a suit in the Court of the District Judge, or, where the estimated cost of maintaining and preserving the antiquity does not exceed on thousand rupees, make an application to the District Judge.

(2) On the bearing of an application under sub-section (1), the District Judge may summon and examine the owner and any person whose evidence appears to him necessary, and may pass an order for the proper application of the endowment or of any part thereof, and any such order may be executed as if it were the decree of a Civil Court.

 

1Subs, by the Antiquities (Amdt.) Act, 1992 (21 of 1992), s. 2, for "Director".

2New section I3Ains. ibid., s. 6.

3Subs. by the Antiquities (Amdt.) Act, 1992 (21 of 1992), s. 2, for "Director".

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