Antiquities Act Pakistan 1975

THE ANTIQUITIES ACT, 1975   The Antiquities Act of 1975 is a significant piece of legislation in Pakistan aimed at the preservation and protection of the country’s historical and cultural heritage. This act establishes the legal framework for the identification, preservation, and conservation of antiquities and archaeological sites in Pakistan. It plays a crucial role in safeguarding the nation’s rich cultural history, preventing the illegal excavation and trafficking of antiquities, and promoting archaeological research and exploration Short title, extent and commencement. Definitions. Advisory Committee. Dispute as to whether any product, etc., is an antiquity. 5 Custody, preservation, etc., of certain antiquities. 5A. Accidental discovery of antiquity to be reported, to Director-General Power of entry, inspection, etc. Acquisition of land containing antiquities. Purchase, taking lease, etc., of antiquity. Right of pre-emption in case of a sale of antiquity. Declaration of protected antiquities. Representation against declaration of protected antiquities. The guardian ship of antiquity by agreement. Purchasers at certain sales and person claiming through owner bound by agreement entered into by owner. 13A. Ownership of buried antiquities. Application of endowment for maintenance and preservation of antiquity. Compulsory acquisition of protected immovable antiquity. Compulsory acquisition of movable antiquities. Protection of place of worship from misuse, etc. Restriction on use of protected immovable antiquity. Prohibition of destruction, damage, etc., of protected antiquities. Page 2 of 14 Restriction on repairs, renovations, etc., of protected immovable antiquities. Direction to the owner to take measures for preservation of antiquity. Execution of development schemes and new constructions in proximity to immovable antiquity. Prohibition of bill posting, neon signs, other kinds of advertisements, etc., Penalty for counterfeiting, etc., of antiquity. Dealing in antiquities. Export of antiquities. Traffic in movable antiquities. Regulation of mining, quarrying, etc., Prohibition of archaeological excavation or exploration without licence. Prohibition of making copies of protected antiquities without licence. Right of access to protected immovable antiquities. Penalty. Jurisdiction to try offences. Power to arrest without warrant. Confiscated antiquities to be made over to Director General. Indemnity. Power to make rules. Repeal. Page 3 of 14 THE ANTIQUITIES ACT, 1975 1Act No. VII OF 1976 [14 th January, 1976] 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:— 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 once. Definitions.—In this Act, unless there is any thing repugnant in 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 seventy­five years;] (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) 3 [Director-General] means the 3 [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 3 [Director-General] under this Act ; 1For Statement of Objects and Reasons, see Gaz. of P., 1975, Ext., Pt. III, 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). 3 Subs. by the Antiquities (Amdt.) Act, 1992 (21 of 1992), s. 2, for “Director”. Page 4 of 14 (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; (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