Updated: Friday October 28, 2011/AlJumaa
Thoul Hijjah 01, 1432/Sukravara
Karthika 06, 1933, at 12:31:06 PM
The Antiquities Act, 1975
ACT VII OF 1976
An Act to repeal and re-enact the law relating to the
preservation and protection of antiquities
[Gazette of
The following Act of Parliament received the assent of
the President on the 10th January, 1967, and is hereby published for general
information.
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;
1. Short title extent and commencement.-(1) This Act may be called the Antiquities Act, 1975.
(2) It extends to the whole of
(3) It shall come into force at once.
2. Definitions.-In this Act, unless there is anything repugnant in the subject or
context,---
(a) “Advisory Committee” means the Advisory Committee
constituted under section 3;
(b) “ancient” means belonging or relating to any
period prior to May, 1857;
(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;
(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) “Director” means the Director 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 Director 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, panelling, dado, ceiling,
inscription, wall- ‘I o 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 portion of land or water adjoining the site
of an immovable antiquity as are reasonably required for fencing or covering or
otherwise preserving such antiquity;
(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 O 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 is
declared under section 10 to be a protected antiquity and
(k) “rules” means rules made under this Act.
3. Advisory Committee.-(1) For the purposes of this Act, the Federal
Government shall constitute an Advisory Committee consisting of the following
members, namely,---
(a) the Director, who shall also be its Chairman;
(b) one representative each of the Education Division
and the Tourism Division;
(c) three other persons having special knowledge of
antiquities, to be nominated by the Federal Government;
(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.
5. Custody, preservation, etc.----, of certain antiquities.-(1) Where the Director
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 Director may, with the approval of the Federal Government, take such steps
as he may consider necessary for the custody, preservation and protection of
the antiquity.
6. Power of entry, inspection, etc.----(1) The Director, 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 Director for
the purpose of subsection (1).
(3) No photograph, copy or reproduction taken or made
under or for the purposes of subsection (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 subsection (1), the Director shall pay to
the owner thereof reasonable compensation for the damage.
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, 189-1 (I of 1894), as for a public purpose.
8. Purchase, taking lease, etc., of antiquity.-(1) The Director may, with the previous sanction of
the Federal Government, purchase, or take lease or accept a gift or bequest of,
an antiquity.
(2) The Director 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 Director
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 competent to sell a
notice in writing accordingly.
(2) If the Director 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 Director.
(3) Save as provided in subsection (2), no antiquity
or property in respect of which a notice under subsection (1) has been given
shall be sold to any person.
(4) All sales in contravention of subsection (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 subsection (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.
(3) A notification under subsection (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
subsection (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 Director the guardian
of such antiquity and the Director may, with the previous sanction of the
Federal Government, accept such guardianship.
(2) Where the Director has accepted the guardianship
of an antiquity in pursuance of an agreement under subsection (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 Director 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;
(e) the facilities to be allowed to persons deputed by
the owner or the Director 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
Director, with the previous sanction of the Federal Government, to the owner or
by the owner to the Director.
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 intiquity 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.
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 Director, refuses or fails to enter
into an agreement under section 12, the Director 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 subsection
(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.
15. Compulsory acquisition of protected Immovable
antiquity.-(1) If the Federal
Government apprehends that a protected immovable antiquity is in danger of
being destroyed, injured or allowed to fall into decay, it may, after
consultation with the Advisory Committee, direct the Provincial Government to
acquire such antiquity or any part thereof; and the Provincial Government shall
thereupon acquire such antiquity or part under the Land Acquisition Act, 1894
(I of 1894), as for a public purpose.
(2) The power of compulsory acquisition under
subsection (1) shall not be exercised in the case of,---
(a) any antiquity which or any part of which is
periodically used for religious observances; or
(b) any antiquity which is the subject of a subsisting
agreement under section 12; or
(c) any other antiquity unless the owner or other
person competent in this behalf has, when proposed to him by the Director,
failed to enter into an agreement under section 12 within such period, not
being less than six months, as the Director may fix.
16. Compulsory acquisition of movable antiquities.-(1) If the Federal Government is of the opinion that
any movable antiquity should, by reason of its cultural, historical or
archaeological importance, be acquired for the purpose of preservation, the
Federal Government may, by order in writing addressed to the owner, acquire
such antiquity;
Provided that the power to acquire under this
subsection shall not extend to,---
(a) any image or symbol in actual use for the purpose
of any religious observance; or
(b) anything which the owner desires to retain on any
reasonable ground personal to himself or to any of his ancestors or to any
member of his family.
(2) When an order under subsection (1) has been served
upon the owner, the antiquity to which the order relates shall immediately vest
in the Federal Government free from all encumbrances and the owner shall be
entitled to 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
Federal Government shall appoint as arbitrator a person who has been, or is
qualified for appointment as, a Judge of a High Court;
(c) at the commencement of the proceedings b.-fore the
arbitrator, the Federal Government and the person to be compensated shall state
what in their respective opinions is a fair amount of compensation;
(d) the arbitrator in making his award shall have
regard to the price which the antiquity is likely to fetch on a sale in open
market between a buyer and a seller independent of each other;
(e) an appeal shall lie to the High Court against any
award of an arbitrator except in case where the amount thereof does not- exceed
an amount prescribed in this behalf by rules ; and
(f ) save as provided in this subsection and in any
rules made in this behalf, nothing in any law for the time being in force shall
apply to arbitrations under this subsection.
17. Protection of place of worship from misuse, etc.-(1) A place of worship or shrine, being an antiquity
maintained by the Federal (‘government, shall not be used for any purpose
inconsistent with its character.
(2) A place of worship or shrine in respect of which
the Director has accepted guardianship in pursuance of an agreement under
section 12 shall, unless the agreement otherwise provides, be maintained by the
person in whom it is vested or, if there is no such person, by the Federal
Government.
(3) Where any antiquity in respect of which the
Federal Government has acquired any right under this Act or the Director has
accepted guardianship is periodically used for religious worship or observance
by any community, the Director shall provide for the protection of such
antiquity from pollution or desecration,---
(a) by prohibiting the entry therein, except in
accordance with the conditions prescribed with the concurrence of the person in
charge of the antiquity, of any person not entitled so to enter by the
religious usages of the community by which the antiquity is used; and
(b) by taking with the concurrence of the person in
charge of the antiquity such other action as he may think necessary for the
purpose,
(4) Whoever contravenes the provisions of subsection
(3) shall be punishable with imprisonment for a term which may extend to three
months, or with fine, or with both.
18. Restriction on use of protected immovable
antiquity.-A protected immovable
antiquity shall not be used for any purpose inconsistent with its character or
for a purpose other than that directly related to its administration and
preservation.
19. Prohibition, of destruction, damage, etc., of protected antiquities.(l) No person shall, except
for carrying out the purposes of this Act, destroy, break, damage, alter,
injure, deface or mutilate or scribble, write or engrave any inscription or
sign on, any antiquity or take manure from any protected antiquity.
(2) Whoever contravenes the provisions of subsection
(1) shall be punishable with rigorous imprisonment, for a, term which may
extend to three years, or with fine, or with both.
(3) The Court trying an offence under subsection (2)
play direct that the whole or any part of the fine recovered shall be applied
in defraying the expenses of restoring the antiquity to the condition in which
it was before the commission of the offence.
20. Restriction on repairs, renovation, etc., of protected immovable antiquity.-(1) The owner of a
protected immovable antiquity shall not make and alteration or renovation in,
or addition to, the antiquity; Provided that he may, with the permission of the
Director, make minor adjustments considered necessary for the day to day use of
the antiquity:---
Provided further that the work for which permission
has been given shall be carried out under the supervision of the Director or a
person authorised by him in this behalf.
(2) Whoever contravenes the provisions of subsection
(1) shall be punishable with rigorous imprisonment for a term which may extend
to one year, or with fine, or with both.
21. Direction to the owner to take measures for
preservation of antiquity.-(1) Where
the Director considers that any antiquity is not being preserved or conserved
properly by its owner, the Director may, by order in writing, direct the owner
to take such measures for its proper preservation and conservation, and within
such time, as may be specified in the order.
(2) If the owner fails to take the measures specified
in the order referred to in subsection (1), the Director may take all such
measures in respect of the antiquity and the expenses incurred for the purpose
shall be recoverable from the owner as an arrear of land revenue.
22. Execution of development schemes and new
constructions in proximity to immovable antiquity.-Notwithstanding anything contained in any other law
for the time being in force, no development plan or scheme or new construction
on, or within a distance of two hundred feet of, a protected immovable
antiquity shall be undertaken or executed except with the approval of the
Director.
23. Prohibition of bill posting, neon signs, other
kinds of advertisements, etc.-(t) No
person shall put any neon signs or other kinds of advertisement, including bill
posting, commercial signs, poles or pylons, electricity or telephone cables and
television aerials, on or near any protected immovable antiquity.
(2) Whoever contravenes the provision of subsection
(1) shall be punishable with rigorous imprisonment for a term which may extend
to one year, or with fine which may extend to ten thousand rupees, or with
both.
(3) The Court trying an offence under subsection (2)
may direct that the whole or any part of the fine recovered shall be applied in
defraying the expenses of restoring the antiquity to the condition in which it
was before the commission of the offence.
24. Penalty for counterfeiting, of antiquity.-(,I) Whoever counterfeits, or commits forgery in
respect of any ,antiquity with intent to commit fraud or knowing to be likely
that fraud will thereby be committed, or causes anything to appear like, or to
be believed to be, an antiquity with intent to cause wrongful gain to one
person or wrongful loss to another person shall be punishable with imprisonment
for a term which may extend to six months or with fire, or with both.
(2) The Court trying an offence under subsection (1)
may direct that anything the making or forging of which has constituted such
offence shall stand forfeited to the Federal Government.
25. Dealing in antiquities.-(I) No person shall deal in antiquities except under,
and in accordance with, a licence granted by the Director.
(2) Every dealer shall maintain a register in such
manner and form as the Director may prescribe from time to time.
(3) A licence granted under subsection (1) may be
cancelled by the Director for the breach of any condition of the licence.
(4) The Director may, with a view to securing
compliance with the provisions of this section,---
(a) require any person dealing in antiquities to give
such information in his possession with respect to any business carried on by
him as the Director may demand;
(b) inspect or cause to be inspected any book,
register or other document belonging to or under the control of any person
dealing in antiquities; and
(c) enter and search, or authorise any officer
subordinate to him to enter and search, any premises and seize, or authorise
any such officer or a police officer, to seize, any antiquity in respect of
which he has reason to believe that a contravention of any provision of this
section or a breach of any condition of the licence has been committed.
(5) Whoever contravenes the provisions of this section
shall be punishable with rigorous imprisonment for a term which may extend to
three years, or with fine, or with both.
(6) The Court trying an offence under subsection (5)
may direct that any antiquity in respect of which the offence has been
committed shall stand forfeited to the Federal Government.
26. Export of antiquities.-(1) No person shall export any antiquity except under
a licence to be granted by the Director,---
(a) for the temporary export of antiquities for the
purpose of exhibition, examination or treatment for preservation; or
(b) in accordance with agreements with foreign
licences for archaeological exploration and excavations within the term of
their licences; or
(c) for the export of antiquities which are not of a
unique nature in exchange for antiquities of any foreign country.
(2) All antiquities the export of which is prohibited
under subsection (1) shall be deemed to be goods of which the export has been
prohibited under section 16 of the Customs Act, 1969 (IV of 1969), and all the
provisions of that Act shall have effect accordingly, except that the antiquity
in respect of which the provisions of that Act have been contravened shall be
confiscated where confiscation is authorised under that Act.
27. Traffic in movable antiquities -(1) If the Federal Government apprehends that movable
antiquities in any place in Pakistan are being sold or removed to the detriment
of Pakistan, it may, by notification in the official Gazette, prohibit or
restrict the movement of any such antiquity or any class of such antiquities
for such period and between such places in Pakistan as may be specified in the
notification, except with, and in accordance with the terms of, the written
permission of the Director.
(2) Whoever contravenes the provisions of a
notification under subsection (1) shall be punishable with rigorous
imprisonment for a term which may extend to three year:, or with fine, or with
both.
(3) The Court trying an offence under subsection (2)
may direct that any antiquity in respect of which the offence has been
committed shall stand forfeited to the Federal Government.
28. Regulation of mining, quarrying etc.-(1) If the Federal Government is of the opinion that
for the purpose of protecting or preserving any immovable antiquity it is
necessary so to do, it may, by notification in the official Gazette, prohibit
or restrict, within such area as may be specified therein, mining, quarying,
excavating. blasting and other operations of a like nature, or the movement of
heavy vehicles, except under and in the accordance with the terms of a licence
granted by the Director and rules, if any, made in this behalf.
(2) Any owner or occupier of land who sustains any
loss by reason of any prohibition or restriction by a notification under
subsection (1) shall be paid reasonable compensation for such loss.
(3) Whoever contravenes the provisions of subsection
(1) shall be punishable with imprisonment for a term which may extend to one year,
or with fine, or with both.
29. Prohibition of archaeological excavation or
exploration without licence.-(1) No
person shall make on any land any excavation or exploration for archaeological
purposes, or unearth or attempt to unearth or make any digging in any land or
site for taking out antiquities, except under, and in accordance with, a
licence granted by the Director.
(2) A licence under subsection (1) in respect of any
land shall not be granted to any person other than the owner of the land except
in accordance with the term of an agreement with the owner, and any such
agreement may provide for,---
(a) the restriction of the owner’s rights in respect
of the use and occupation of such land;
(b) the compensation or any other consideration to be
paid to the owner; and
(c) any other matter connected with the use of the
land for the purpose of such excavation.
(3) A licence under subsection (1) shall not be
refused to an owner if he undertakes to carry on the excavation in such manner
that it will not result in the loss of archaeological or historical material
which in the national interest should be preserved.
(4) Whoever contravenes the provisions of subsection
(1) shall be punishable with imprisonment for a term which may extend to three
years, or with fine, or with both.
(5) The Court trying an offence under subsection (4)
may direct that any object found in the course of an excavation, exploration,
unearthing or digging constituting such offence shall stand forfeited to the
Federal Government.
30. Prohibition of making copies of protected
antiquities without licence .- No
person shall, for any commercial purpose, make a cinematograph film of any
protected antiquity or any part thereof except under, and in accordance with, a
licence granted by the Director.
31. Right of access to protected immovable
antiquities.-Subject to the
provisions of this Act and the rules, the public shall have a right of access
to any immovable protected antiquity maintained by the Federal Government under
this Act.
32. Penalty.-A
contravention of any provision of this Act or the rules shall, where no
punishment has been specifically provided, be punishable with rigorous
imprisonment for a term which may extend to six months, or with fine which may
extend to five thousand rupees, or with both.
33. Jurisdiction to try offence.-
34. Power to arrest without warrant.-(1) The Director or any officer duly empowered by him
in this behalf may arrest without warrant any person against whom reasonable
suspicion exists of his having committed any offence under section 19, 25, 26,
27 or 29.
(2) Subject to subsection (3), every person arrested
under subsection (1) shall be taken forthwith to the officer. in-charge of the
nearest police station,
(3) The Director or the officer arresting any person,
or the officer-in charge of a police station to whom any person is taken under
subsection (2), shall either admit him to bail to appear before the Magistrate
having jurisdiction or have him taken in custody before such Magistrate.
35. Confiscated antiquities to be made over to
Director.--Any antiquity which is
confiscated or forfeited under this Act shall be made over to the
Director for custody, preservation and
protection.
36. Indemnity.-No
suit, prosecution or other legal proceeding shall lie against Government or any
person for any thing which is in good faith done or intended to be done under
this Act.
37. Power to make rules.-(I) The Federal Government may. After previous
publication, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the
generality of the foregoing power, such rules may provide for,---
(a) the form and the conditions of any licence granted
under this Act;
(b) regulation of admission of the public
to any immovable protected antiquity;
(c) the levy of fees for the grant of any licence
under this Act and for admission of the public to an immovable protected
antiquity;
(d) the procedure to be followed in arbitrations, the
principles to be followed in apportioning the costs of proceedings before the
arbitrator and on appeal, and the maximum amount of an award against which no
appeal shall lie, under subsection (2) of section 16;
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