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

1. Short title, extent and commencement.
2. Definitions.
3. Advisory Committee.
4. 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

6. Power of entry, inspection, etc.
7. Acquisition of land containing antiquities.
8. Purchase, taking lease, etc., of antiquity.
9. Right of pre-emption in case of a sale of antiquity.
10. Declaration of protected antiquities.
11. Representation against declaration of protected antiquities.
12. The guardian ship of antiquity by agreement.
13. Purchasers at certain sales and person claiming through owner bound by agreement entered

into by owner.

13A. Ownership of buried antiquities.

14. Application of endowment for maintenance and preservation of antiquity.
15. Compulsory acquisition of protected immovable antiquity.
16. Compulsory acquisition of movable antiquities.
17. Protection of place of worship from misuse, etc.
18. Restriction on use of protected immovable antiquity.
19. Prohibition of destruction, damage, etc., of protected antiquities.

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20. Restriction on repairs, renovations, etc., of protected immovable antiquities.
21. Direction to the owner to take measures for preservation of antiquity.
22. Execution of development schemes and new constructions in proximity to immovable

antiquity.

23. Prohibition of bill posting, neon signs, other kinds of advertisements, etc.,
24. Penalty for counterfeiting, etc., of antiquity.
25. Dealing in antiquities.
26. Export of antiquities.
27. Traffic in movable antiquities.
28. Regulation of mining, quarrying, etc.,
29. Prohibition of archaeological excavation or exploration without licence.
30. Prohibition of making copies of protected antiquities without licence.
31. Right of access to protected immovable antiquities.
32. Penalty.
33. Jurisdiction to try offences.
34. Power to arrest without warrant.
35. Confiscated antiquities to be made over to Director General.
36. Indemnity.
37. Power to make rules.
38. Repeal.

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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:—

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 once.

2. 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”.

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(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 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;

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(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.—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.

5. Custody, preservation etc., of certain antiquities.—(1) Where the 2

[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 2

[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.

3

[5A Accidental discovery of antiquity to be reported to 2

[Director-General].—(1)

Whoever discovers, or finds accidentally any movable antiquity shall inform the 2

[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 2

[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.

4

[(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.]

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

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

3Section 5A ins. by the Antiquities (Amdt.) Ordinance, 1978 (42 of 1978), s. 2.

4Subs. by Act. 2l of 1992, s. 5, for sub-section (3).

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6. Power of entry, inspection, etc.—(1) The 1

[Director General] may, after giving

reasonable notice, enter into, inspect and examine any premises, place or area which or the sub‑soil of

which 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 1

[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 subsection (1), the 1

[Director General] 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, 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 competent to sell a notice in writing

according.

(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.

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

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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.

(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;

(e) the facilities to be allowed to persons deputed by the owner or the 1

[Director

General] for inspection aid maintenance of the antiquity;

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

Page 8 of 14

(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 1

[Director General], refuses

or fails to enter into an agreement under section 12, the 1

[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.

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, 3

* * * 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.

 

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