{ "schema_version": "qanun-law-text/1", "id": "punjab-code-8e1d80c92b4e0c03", "title": "ANTIQUITIES ACT, 1975", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/UGUAMlRrWmw-", "version": null, "source_snapshot": "2026-08-06T16:16:31Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "4d15e267cb670a4b70b890800f674648f4bff0dfd0c00b20b1ca4850a8549f54", "source_sha256": "4d15e267cb670a4b70b890800f674648f4bff0dfd0c00b20b1ca4850a8549f54", "text_version_id": "law:punjab-code-8e1d80c92b4e0c03:sha256:4d15e267cb670a4b70b890800f674648f4bff0dfd0c00b20b1ca4850a8549f54", "quality_flags": [], "encoding": "UTF-8", "text": "THE ANTIQUITIES ACT, 1975 \r\n(VII of 1976) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Advisory Committee \r\n4. Dispute as to whether any product, etc., is an antiquity \r\n5. Custody, preservation, etc., of certain antiquities \r\n5-A. Accidental discovery of antiquity to be reported to Director-General \r\n6. Power of entry, inspection, etc. \r\n7. Acquisition of land containing antiquities \r\n8. Purchase, taking lease, etc., of antiquity \r\n9. Right of pre-emption in case of a sale of antiquity \r\n10. Declaration of protected antiquities \r\n11. Representation against declaration of protected antiquities \r\n12. The guardianship of antiquity by agreement \r\n13. Purchasers at certain sales and persons claiming through owner bound \r\nby agreement entered into by owner \r\n13A. Ownership of buried antiquities \r\n14. Application of endowment for maintenance and preservation of antiquity \r\n15. Compulsory acquisition of protected immovable antiquity \r\n16. Compulsory acquisition of movable antiquities \r\n17. Protection of place of worship from misuse, etc. \r\n18. Restriction on use of protected immovable antiquity \r\n19. Prohibition of destruction, damage, etc., of protected antiquities \r\n20. Restriction on repairs, renovation, etc., of protected immovable antiquity \r\n21. Direction to the owner to take measures for preservation of antiquity \r\n22. Execution of development schemes and new constructions in proximity \r\nto immovable antiquity \r\n23. Prohibition of bill posting, neon signs, other kinds of advertisements, \r\netc. \r\n24. Penalty for counterfeiting etc., of antiquity \r\n25. Dealing in antiquities \r\n26. Export of antiquities \r\n27. Traffic in movable antiquities \r\n28. Regulation of mining, quarrying etc. \r\n29. Prohibition of archaeological excavation or exploration without licence \r\n30. Prohibition of making copies of protected antiquities without licence \r\n31. Right of access to protected immovable antiquities \r\n32. Penalty \r\n33. Jurisdiction to try offences \r\n34. Power to arrest without warrant \r\n35. Confiscated antiquities to be made over to Director \r\n36. Indemnity \r\n37. Power to make rules \r\n38. Repeal \r\nTEXT \r\n1\r\nTHE ANTIQUITIES ACT, 1975 \r\n(VII of 1976) \r\n[14th January, 1976] \r\nAn \r\nAct \r\nto repeal and re-enact the law relating to the preservation and protection of \r\nantiquities \r\nWHEREAS it is expedient to repeal and re -enact the law relating to the \r\npreservation and protection of antiquities and to provide for matters connected \r\ntherewith or ancillary thereto; \r\nIt is hereby enacted as follows:– \r\n1. Short title, extent and commencement .– (1) This Act may be called the \r\nAntiquities Act, 1975. \r\n(2) It extends to the whole of \r\n2\r\n[Punjab]. \r\n(3) It shall come into force at once. \r\n2. Definitions.– In this Act, unless there is anything repugnant in the subject or \r\ncontext,– \r\n(a) “Advisory Committee” means the Advisory Committee constituted \r\nunder section 3; \r\n3\r\n[(b) ‘ancient’, in relation to an antiquity, means an antiquity which has been \r\nin existence for a period of not less than seventy-five years;] \r\n(c) “antiquity” means– \r\n(i) any ancient product of human activity, movable or immovable \r\nillustrative of art, architecture, crafts, cu stom, literature, morals, \r\npolitics, religion, warfare or science or of any aspect of \r\ncivilization or culture, \r\n(ii) any ancient object or site of historical, ethnographical, \r\nanthropological, military or scientific interest, \r\n(iii) any national monument, and \r\n \r\n1For Statement of Objects and Reasons, see Gaz. of P., 1975, Ext., Pt. HI, p. 1541. \r\nThis Act has been published in the Gazette of Pakistan(Extraordinary), Part I, dated14.1.1976, pages 26-37. \r\nThe Act has been applied to Provincially Administered Tribal Areas of N.W.F.P. with certain modifications, see Notif ication. No. \r\n14/43-505(II) (H.D)/80. dt. 29-1-81, see Gaz. of N.W.F.P, Ext., p. \r\n2Substituted for the word “Pakistan” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab \r\nGazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n3Substituted by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), \r\ndated 16.9.1992, pages 553-555, s.3. \r\n(iv) any other object or class of such objects declared by the \r\n4\r\n[Government], by notification in the official Gazette, to be an \r\nantiquity for the purposes of this Act; \r\n(d) “dealer” means a person engaged in the business of buying and selling \r\nantiquities; and “deal in antiquities” means to carry on such business; \r\n(e) “\r\n5\r\n[Director-General]” means the \r\n6\r\n[Director-General] of Archaeology, \r\nGovernment of \r\n7\r\n[Punjab], and includes an officer authorized by him to \r\nexercise or perform all or any of the power or functions of the \r\n8\r\n[Director-\r\nGeneral] under this Act; \r\n9\r\n[(f) “export” means taking anything out of the Punjab by land or air;] \r\n10\r\n[(ff) “Government” means Government of the Punjab;] \r\n(g) “immovable antiquity” means an antiquity of any of the following \r\ndescriptions, namely:– \r\n(i) any archaeological deposit on land or under water, \r\n(ii) any archaeological mound, tumulus, burial place or place of \r\ninternment, or any ancient garden, structure, building, erection \r\nor other work of historical, archaeological, military or scientifi c \r\ninterest, \r\n(iii) any rock, cave or other natural object of historical, \r\narchaeological, artistic or scientific interest or containing \r\nsculpture, engraving, inscription or painting of such interest, and \r\nincludes– \r\n(1) any gate, door, window, paneling, dado, ceiling, \r\ninscription, wall -painting, wood work, metal work or \r\nsculpture or any other thing which is attached or fastened \r\nto an immovable antiquity; \r\n(2) the remains of an immovable antiquity; \r\n(3) the site of an immovable antiquity; \r\n(4) such portion of land or water adjoining the site of an \r\nimmovable antiquity as are reasonably required for \r\nfencing or covering or otherwise preserving such \r\nantiquity; \r\n \r\n4Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n5Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n6Substituted ibid. \r\n7Substituted for the word “Pakistan” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab \r\nGazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n8Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n9Substituted by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated \r\n11.2.2012, pages 40141-40142, s.3(a). \r\n10Inserted ibid., s.3(b). \r\n(5) the reasonable means of access to, an convenient \r\ninspection of an immovable antiquity; and \r\n(6) any urban site, street, group of buildings or public square \r\nof special value which the \r\n11\r\n[Government], being of the \r\nopinion that its preservation is a matter of public interest \r\nby reason of its arrangement, architecture or materials of \r\nconstruction, by notification in the official Gazette, \r\ndeclares to be an immovable antiquity for the purposes of \r\nthis Act; \r\n(h) “national monument” means any building, structure, erection, place of \r\ninternment, garden, portion of land or any other place or thing of \r\nnational importance as ma y be determined and notified as such from \r\ntime to time by the \r\n12\r\n[Government] in consultation with the Advisory \r\nCommittee; \r\n(i) “owner” includes– \r\n(i) any person legally competent to act on behalf of the owner, \r\nwhen by reason of infancy or other disability the owner is unable \r\nto act; \r\n(ii) a joint owner invested with powers of management on behalf of \r\nhimself and other joint owners and the successor in interest of \r\nsuch owner; and \r\n(iii) any manager or trustee exercising the powers of management \r\nand the successor in office of such manger or trustee; \r\n(j) “protected antiquity” means an antiquity which is declared under \r\nsection 10 to be a protected antiquity; and \r\n(k) “rules” means rules made under this Act. \r\n3. Advisory Committee .– \r\n13\r\n[(1) For the purposes of this Act, t he Government \r\nshall, by notification in the official Gazette, constitute an Advisory Committee \r\nconsisting of archaeologists, architects, historians and members of the provincial \r\nAssembly of the Punjab and the Director General shall be the Chairman of the \r\nAdvisory Committee.] \r\n(2) No act or proceeding of the Advisory Committee shall be deemed to be \r\ninvalid by reason only of the existence of a vacancy in, or defect in the constitution \r\nof, the Committee. \r\n4. Dispute as to whether any product, etc. , is an antiqui ty.– If any question \r\narises whether any product, object or site is an antiquity within the meaning of this \r\n \r\n11Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n12Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n13Substituted by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), \r\ndated 11.2.2012, pages 40141 -40142, s.4. Earlier substituted by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and \r\npublished in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.4. \r\nAct it shall be referred to the \r\n14\r\n[Government] which shall, after consultation with the \r\nAdvisory Committee, decide the same; and the decision of the \r\n15\r\n[Government] shall \r\nbe final. \r\n5. Custody, preservation, etc ., of certain antiquities .– (1) Where the \r\n16\r\n[Director-General] receives any information or otherwise has the knowledge of the \r\ndiscovery or existence of an antiquity of which there is no owner, he sha ll discovery \r\nor existence of an antiquity of which there is no owner, he shall, after satisfying \r\nhimself as to the correctness of the information or knowledge, take such steps as he \r\nmay consider necessary for the custody, preservation and protection of the antiquity. \r\n(2) Where the owner of an antiquity is not traceable, the \r\n17\r\n[Director-\r\nGeneral] may, with the approval of the \r\n18\r\n[Government], take such steps as he may \r\nconsider necessary for the custody, preservation and protection of the antiquity. \r\n19\r\n[5-A. Accidental discovery of antiquity to be reported to \r\n20\r\n[Director-General].–\r\n(1) Whoever discovers, or finds accidentally, any movable antiquity shall inform the \r\n21\r\n[Director-General] within seven days of its being discovered or found and preserve \r\nit for the period specified in subsection (2). \r\n(2) If, within seven days of his being informed under subsection (1) of the \r\ndiscovery of a movable antiquity or of a movable antiquity having been found, the \r\n22\r\n[Director-General] decides to take over the antiquity for purposes of custody, \r\npreservation and protection, the person discovering or finding it shall hand it over to \r\nthe \r\n23\r\n[Director-General] or a person authorized by him in writing. \r\n24\r\n[(3) Where the Director General decides to take over an antiquity, he may \r\npay to the person by whom it is handed over to him such cash reward as the \r\nAdvisory Committee may deem fit.] \r\n(4) If a person who discovers or finds any movable antiquity contravenes \r\nthe provisions of subsection (1) or subsection (2), he shall be punishable with \r\nimprisonment for a term which may extend to three years, or with fine, or with both \r\n \r\n14Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n15Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n16Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n17Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n18Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n19Substituted by the Antiquities (Amendment) Ordinance, 1978 (XLII of 1978); and published in the Gazette of Pakistan \r\n(Extraordinary), Part I, dated 5.11.1978, s.2. \r\n20Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n21Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n22Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n23Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n24Substituted ibid., s.5. \r\nand the Court convicting such person shall direct that the antiquity in respect of \r\nwhich such contravention has taken place shall stand forfeited to the \r\n25\r\n[Government].] \r\n6. Power of en try, inspection, etc .– (1) The \r\n26\r\n[Director-General] may, after \r\ngiving reasonable notice, enter into, inspect and examine any premises, place or \r\narea which or the sub -soil of which he may have reason to believe to be, or to \r\ncontain an antiquity and may cause any site, building, object, or any antiquity or the \r\nremains of any antiquity in such premises, place or area to be photographed, copied \r\nor reproduced by any process suitable for the purpose. \r\n(2) The owner or occupier of the premises, place or area shall afford all \r\nreasonable opportunity and assistance to the \r\n27\r\n[Director-General] for the purpose of \r\nsub-section (1). \r\n(3) No Photograph, copy or reproduction taken or made under or for the \r\npurposes of sub -section (1) shall be sold or offered for sale except by or with the \r\nconsent of the owner of the object of which the photograph, copy or reproduction has \r\nbeen taken or made. \r\n(4) Where substantial damage is caused to any property as a result of the \r\ninspection under sub -section (1), the \r\n28\r\n[Director-General] shall pay to the owner \r\nthereof reasonable compensation for the damage. \r\n29\r\n[7. Acquisition of land containing antiquities .–If the Director General has \r\nreasonable grounds to believe that any land contains any antiquity, he may request \r\nthe Government to acquire such land under the Land Acquisition Act 1894 (I of 1894) \r\nand such acquisition shall be deemed to be acquisition for public purpose.] \r\n8. Purchase, taking lease, etc., of antiquity.– (1) The \r\n30\r\n[Director-General] may, \r\nwith the previous sanction of the \r\n31\r\n[Government], purchase, or take lease or accept a \r\ngift or bequest of, an antiquity. \r\n(2) The \r\n32\r\n[Director-General] may receive voluntary contributions and \r\ndonations for the acquisition, preservation or restoration of antiquities and may make \r\nsuitable arrangements for the m anagement and application of the fund created by \r\nsuch contributions and donations: \r\n \r\n25Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and publishe d in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n26Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n27Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n28Substituted for the word “Director” by the Antiquitie s (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n29Substituted by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), \r\ndated 16.9.1992, pages 553-555, s.7. \r\n30Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n31Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n32Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\nProvided that a contribution or donation made for any specified purpose shall \r\nnot be applied to any purpose other than that for which it has been made. \r\n9. Right of pre -emption in case of a sale of antiquity .– (1) Where the \r\n33\r\n[Director-General] receives any information or otherwise has the knowledge that \r\nany antiquity or any immovable property containing an antiquity is offered for sale or \r\nis about to be sold, he may, with the approval of the \r\n34\r\n[Government], exercise the \r\nright of pre -emption with respect to such antiquity or property and, if he intends to \r\nexercise the right, shall give to the person competent to sell a notice in writing \r\naccordingly. \r\n(2) If the \r\n35\r\n[Director-General] does not exercise with respect to any \r\nantiquity or property the right of pre-emption within a period of three months from the \r\ndate of notice given under sub-section (1), the antiquity or property may be sold to \r\nany person after the expiry of the said period and a notice of such sale shall be given \r\nto the \r\n36\r\n[Director-General]. \r\n(3) Save as provided in sub -section (2), no antiquity or property in respect \r\nof which a notice under sub-section (1) has been given shall be sold to any person. \r\n(4) All sales in contr avention of sub-section (3) shall be void and the \r\nantiquity or property so sold shall be forfeited to the \r\n37\r\n[Government]. \r\n10. Declaration of protected antiquities .– (1) The \r\n38\r\n[Government] may, by \r\nnotification in the official Gazette, declare any antiquity to be a protected antiquity for \r\nthe purposes of this Act. \r\n(2) A copy of a notification under sub-section (1) shall be served on the \r\nowner of the antiquity and; in the case of an immovable antiquity, shall also be fixed \r\nup in a conspicuous place of or near the antiquity. \r\n(3) A notification under sub-section (1) shall, unless it is cancelled by the \r\n39\r\n[Government], be conclusive evidence of the fact that the antiquity to which it \r\nrelates is a protected antiquity for the purposes of this Act. \r\n(4) Antiquities decla red to be protected antiquities under the Antiquities \r\nAct, 1968 (XIV of 1968), and ancient monuments deemed to be protected antiquities \r\nfor the purposes of that Act, shall be deemed to be protected antiquities for the \r\npurposes of this Act. \r\n \r\n33Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n34Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n35Substituted for the wor d “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n36Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n37Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n38Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n39Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n11. Representation against declaration of protected antiquities .– (1) The \r\nowner of an antiquity to which a notification under section 10 relates, or any person \r\nhaving any right or interest in the antiquity, may, within three months of the service of \r\na copy of the notifica tion, make a representation in writing to the \r\n40\r\n[Government] \r\nagainst the notification. \r\n(2) Upon the receipt of a representation under subsection (1) against a \r\nnotification, the \r\n41\r\n[Government], after giving the person making it an opportunity of \r\nbeing heard and after consultation with the Advisory Committee, may, if it is satisfied \r\nthat there are good and sufficient reasons for objection to the notification, cancel it. \r\n12. The guardianship of antiquity by agreement .– (1) The owner of any \r\nimmovable antiquity or protected antiquity may, by an agreement in writing constitute \r\nthe Director the guardian of such antiquity and the \r\n42\r\n[Director-General] may, with the \r\nprevious sanction of the \r\n43\r\n[Government], accept such guardianship. \r\n(2) Where the \r\n44\r\n[Director-General] has ac cepted the guardianship of an \r\nantiquity in pursuance of an agreement under subsection (1), the owner shall, except \r\nas expressly provided in this Act and in the agreement, have the same right, title and \r\ninterest in and to the antiquity as if the \r\n45\r\n[Director-General] had not been constituted \r\nthe guardian thereof. \r\n(3) An agreement under this section in relation to an antiquity may provide \r\nfor all or any of the following matters, namely:– \r\n(a) the maintenance of the antiquity; \r\n(b) the custody of the antiquity and the duties of any person who may be \r\nemployed to watch it; \r\n(c) the restrictions upon the right of the owner to alienate, destroy, remove, \r\nalter or deface the antiquity or to build on or near the site of the \r\nantiquity; \r\n(d) the facilities of access to be allowed to the public; \r\n(e) the facilities to be allowed to persons deputed by the owner or the \r\n46\r\n[Director-General] for inspection and maintenance of the antiquity; \r\n(f) the expenses to be incurred in connection with the preservation of the \r\nantiquity and payment of such expenses if incurred by the owner; \r\n \r\n40Substituted for the words “Federal Government” by the Antiquities (Amendment) Ac t 2012 (XII of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n41Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n42Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n43Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n44Substituted for the word “Director” by the Antiquities (Amendment) Ac t, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n45Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n46Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n(g) compensation to be paid for any loss sustained by the owner o r \r\noccupier or any other person as a result of the enforcement or \r\nobservance of the agreement; and \r\n(h) any other matter connected with the custody, management and \r\npreservation of the antiquity. \r\n(4) The terms of an agreement under this section may be altered from time \r\nto time with the sanction of the \r\n47\r\n[Government] and with the consent of the owner. \r\n(5) An agreement under this section in relation to an antiquity may be \r\nterminated upon six months’ notice in writing given by the \r\n48\r\n[Director-General], with \r\nthe previous sanction of the \r\n49\r\n[Government], to the owner or by the owner to the \r\n50\r\n[Director-General]. \r\n13. Purchasers at certain sales and persons claiming through owner bound \r\nby agreement entered into by owner .– Notwithstanding anything contained in any \r\nother law for the time being in force, every person who, at a sale for the recovery of \r\narrears of land revenue or any other public demand, purchases any land or property, \r\nor any right or interest in land or property, which contains, or in which is situated an \r\nantiquity in respect of which an agreement under section 12 subsists, and every \r\nperson claiming any title to any antiquity from, through or under an own er who \r\nentered into such agreement, shall be bound by such agreement. \r\n51\r\n[13A. Ownership of buried antiquities .– Notwithstanding anything contained in \r\nany other law for the time being in force, the ownership of all buried antiquities shall \r\nvest in the \r\n52\r\n[Government].] \r\n14. Application of endowment for maintenance and preservation of \r\nantiquity.– (1) Where any endowment has been created for the maintenance and \r\npreservation of any protected antiquity, or for that purpose among others, and the \r\nowner or other person competent in this behalf fails in the proper application of such \r\nendowment and, when proposed to him by the \r\n53\r\n[Director-General], refuses or fails to \r\nenter into an agreement under section 1 2, the \r\n54\r\n[Director-General] may, for the \r\nproper application of such endowment or part thereof, institute a suit in the Court of \r\nthe District Judge, or, where the estimated cost of maintaining and preserving the \r\n \r\n47Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n48Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n49Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n50Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n51Inserted by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), \r\ndated 16.9.1992, pages 553-555, s.6. \r\n52Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and publ ished in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n53Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n54Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\nantiquity does not exceed one thousand rupees, make an application to the District \r\nJudge. \r\n(2) On the hearing of a n application under sub -section (1), the District \r\nJudge may summon and examine the owner and any person whose evidence \r\nappears to him necessary, and may pass an order for the proper application of the \r\nendowment or of any part thereof, and any such order ma y be executed as if it were \r\nthe decree of a Civil Court. \r\n15. Compulsory acquisition of protected immovable antiquity .– \r\n55\r\n[(1) If the \r\nDirector General apprehends that a protected immovable antiquity is in danger of \r\nbeing destroyed, injured or allowed to fall into decay, he may, request the \r\nGovernment to acquire such antiquity under the Land Acquisition Act 1894 (I of \r\n1894) and such acquisition shall be deemed to be acquisition for public purpose.] \r\n(2) The power of compulsory acquisition under sub -section (1) shall not be \r\nexercised in the case of– \r\n(a) any antiquity which or any part of which is periodically used for \r\nreligious observances; or \r\n(b) any antiquity which is the subject of a subsisting agreement under \r\nsection 12 \r\n56\r\n[.] \r\n(c) \r\n57\r\n[* * * * * * * * * * * ] \r\n16. Compulsory acquisition of movable antiquities .– (1) If the \r\n58\r\n[Government] \r\nis of the opinion that any movable antiquity should, by reason of its cultural, historical \r\nor archaeological importance, be acquired for the purpose of preservation, the \r\n59\r\n[Government] may, by order in writing addressed to the owner, acquire such \r\nantiquity: \r\nProvided that the power to acquire under this sub-section shall not extend to– \r\n(a) any image or symbol in actual use for the purpose of any religious \r\nobservance; or \r\n(b) anything which the owner desires to retain on any reasonable ground \r\npersonal to himself or to any of his ancestors or to any member of his \r\nfamily. \r\n(2) When an order under sub-section (1) has been served upon the owner, \r\nthe antiquity to which the order relates shall immediately vest in the \r\n60\r\n[Government] \r\nfree from all encumbrances and the owner shall be entitled to compensation, the \r\n \r\n55Substituted by the Antiquities (Amendment) Act 20 12 (XII of 2012); and published in the Punjab Gazette (Extraordinary), \r\ndated 11.2.2012, pages 40141-40142, s.6. \r\n56Substituted for “; or” by the Antiquities (Amendment) Act, 1976 (VI of 1976), s.2 (w.e.f. 2.8.1976) \r\n57Omitted by the Antiquities (Amendment) Act, 1976 (VI of 1976), s.2 (w.e.f. 2.8.1976) \r\n58Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n59Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n60Substituted for the words “Federal Government” by the Antiquities (Amendme nt) Act 2012 (XII of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\namount of which shall be determined in the manner, and in accordance with the \r\nprinciples, hereinafter set out, that is to say,– \r\n(a) where the amount of compensation can be fixed by agreement, it shall \r\nbe paid in accordance with such agreement; \r\n(b) where no such agreement can be reached, the \r\n61\r\n[Government] shall \r\nappoint as arbitrator a person who has been, or is qualified for \r\nappointment as, a Judge of a High Court; \r\n(c) at the commencement of the proceeding s before the arbitrator, the \r\n62\r\n[Government] and the person to be compensated shall state what in \r\ntheir perspective opinions is a fair amount of compensation; \r\n(d) the arbitrator in making his award shall have regard to the price which \r\nthe antiquity is likely to fetch on a sale in open market between a buyer \r\nand a seller independent of each other; \r\n(e) an appeal shall lie to the High Court against any award of an arbitrator \r\nexcept in case where the amount thereof does not exceed an amount \r\nprescribed in this behalf by rules; and \r\n(f) save as provided in this sub -section and in any rules made in this \r\nbehalf, nothing in any law for the time being in force shall apply to \r\narbitration under this sub-section. \r\n17. Protection of place of worship from misuse, etc.– (1) A place of worship or \r\nshrine, being an antiquity maintained by the \r\n63\r\n[Government], shall not be used for any \r\npurpose inconsistent with its character. \r\n(2) A place of worship or shrine in respect of which the \r\n64\r\n[Director-General] \r\nhas accepted guardianship in pursuance of an agreement under section 12 shall, \r\nunless the agreement otherwise provides, be maintained by the person in whom it is \r\nvested or, if there is no such person, by the \r\n65\r\n[Government]. \r\n(3) Where any antiquity in respect of which the \r\n66\r\n[Government] has \r\nacquired any right under this Act or the \r\n67\r\n[Director-General] has accepted \r\nguardianship is periodically used for religious worship or observance by any \r\ncommunity, the \r\n68\r\n[Director-General] shall provide for the protection of such antiquity \r\nfrom pollution or desecration. \r\n \r\n61Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n62Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n63Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n64Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n65Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n66Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n67Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n68Substituted for the word “Director” by the Antiquiti es (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n(a) by prohibiting the entry therein , except in accordance with the \r\nconditions prescribed with the concurrence of the person in charge of \r\nthe antiquity, of any person not entit led so to enter by the religious \r\nusages of the community by which the antiquity is used; and \r\n(b) by taking with the concurrence of the person in charge of the antiquity \r\nsuch other action as he may think necessary for the purpose. \r\n(4) Whoever contravenes th e provisions of sub -section (3) shall be \r\npunishable with imprisonment for a term which may extend to three months, or with \r\nfine, or with both. \r\n18. Restriction on use of protected immovable antiquity .– A protected \r\nimmovable antiquity shall not be used for any purpose inconsistent with its character \r\nor for a purpose other than that directly related to its administration and preservation. \r\n19. Prohibition of destruction, damage, etc., of protected antiquities .– (1) No \r\nperson shall, except for carrying out the p urposes of this Act, destroy, break, \r\ndamage, alter, injure, deface or mutilate or scribble, write or engrave any inscription \r\nor sign on, any antiquity or take manure from any protected antiquity. \r\n(2) Whoever contravenes the provisions of sub -section (1) sh all be \r\npunishable with rigorous imprisonment for a term which may extend to three years, \r\nor with fine, or with both. \r\n(3) The Court trying an offence under sub -section (2) may direct that the \r\nwhole or any part of the fine recovered shall be applied in defra ying the expenses of \r\nrestoring the antiquity to the condition in which it was before the commission of the \r\noffence. \r\n20. Restriction on repairs, renovation, etc., of protected immovable \r\nantiquity.– (1) The owner of a protected immovable antiquity shall not make any \r\nalteration or renovation in, or addition in, or addition to, the antiquity: \r\nProvided that he may, with the permission of the \r\n69\r\n[Director-General], make \r\nminor adjustments considered necessary for the day to day use of the antiquity: \r\nProvided further that the work for which permission has been given shall be \r\ncarried out under the supervision of the \r\n70\r\n[Director-General] or a person authorized \r\nby him in this behalf. \r\n(2) Whoever contravenes the provisions of sub -section (1) shall be \r\npunishable with rigorous imprisonment for a term which may extend to one year, or \r\nwith fine, or with both. \r\n21. Direction to the owner to take measure for preservation of antiquity .– (1) \r\nWhere the \r\n71\r\n[Director-General] considers that any antiquity is not being preserved or \r\n \r\n69Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n70Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n71Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\nconserved properly by its owner, the \r\n72\r\n[Director-General] may, be order in writing, \r\ndirect the owner to take such measures for its proper preservation and conservation , \r\nand within such time, as may be specified in the order. \r\n(2) If the owner fails to take the meas ures specified in the order referred to \r\nin sub-section (1), the \r\n73\r\n[Director-General] may take all such measures in respect of \r\nthe antiquity and the expenses incurred for the purpose shall be recoverable from \r\nthe owner as an arrear of land revenue. \r\n22. Execution of development schemes and new constructions in proximity \r\nto immovable antiquity.– Notwithstanding anything contained in any other l aw for \r\nthe time being in force, no development plan or scheme or new construction on, or \r\nwithin a distance of two hundred feet of, a protected immovable antiquity shall be \r\nundertaken or executed except with the approval of the \r\n74\r\n[Director-General]. \r\n23. Prohibition of bill posting, neon signs, other kinds of advertisements, \r\netc.– (1) No person shall put any neon signs or oth er kinds of advertisement, \r\nincluding bill posting, commercial signs, poles or pylons, electricity or telephone \r\ncables and television aerials, on or near any protected immovable antiquity. \r\n(2) Whoever contravenes the provision of sub -section (1) shall be \r\npunishable with rigorous imprisonment for term which may extend to one year, or \r\nwith fine which may extend to ten thousand rupees, or with both. \r\n(3) The Court trying an offence under sub -section (2) may direct that the \r\nwhole or any part of the fine recovered shall be applied in defraying the expenses of \r\nrestoring the antiquity to the condition in which it was before the commission of the \r\noffence. \r\n24. Penalty for counterfeiting etc., of antiquity .– (1) Whoever counterfeits, or \r\ncommits forgery in respect of an y antiquity with intent to commit fraud or knowing to \r\nbe likely that fraud will thereby be committed, or causes anything to appear like, or to \r\nbe believed to be, an antiquity with intent to cause wrongful gain to one person or \r\nwrongful loss to another pers on shall be punishable with imprisonment for a term \r\nwhich may extend to six months or with fine, or with both. \r\n(2) The Court trying an offence under sub -section (1) may direct that \r\nanything the making or forg oing of which has constituted such offence shall stand \r\nforfeited to the \r\n75\r\n[Government]. \r\n25. Dealing in antiquities.– (1) No person shall deal in antiquities except under, \r\nand in accordance with, a licence granted by the \r\n76\r\n[Director-General]. \r\n \r\n72Substituted for the word “Director” by the Antiquities (Amendment) A ct, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n73Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n74Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n75Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n76Substituted for the word “Director” by the Antiquities (Amendment) Act, 199 2 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n(2) Every dealers shall maintain a register in such manner and form as the \r\n77\r\n[Director-General] may prescribe from time to time. \r\n(3) A licence granted under sub -section (1) may be cancelled by the \r\n78\r\n[Director-General] for the breach of any condition of the licence. \r\n(4) The \r\n79\r\n[Director-General] may, with a view to securin g compliance with \r\nthe provisions of this section,– \r\n(a) require any person dealing in antiquities to give such information is his \r\npossession with respect to any business carried on by him as the \r\n80\r\n[Director-General] may demand; \r\n(b) inspect or cause to be i nspected any book, register or other document \r\nbelonging to or under the control of any person dealing in antiquities; \r\nand \r\n(c) enter and search, or authorize any officer subordinate to him to enter \r\nand search, any premises and seize, o authorize any such of ficer or a \r\npolice officer, to seize, any antiquity in respect of which he has reason \r\nto believe that a contravention of any provision of this section or a \r\nbreach of any condition of the licence has been committed. \r\n(5) Whoever contravenes the provisions of this section shall be punishable \r\nwith rigorous imprisonment for a term which may extend to three years, or with fine, \r\nor with both. \r\n(6) The Court trying an offence under sub -section (5) may direct that any \r\nantiquity in respect of which the offence has been committed shall stand forfeited to \r\nthe \r\n81\r\n[Government]. \r\n26. Export of antiquities.– (1) No person shall export any antiquity except under \r\na licence to be granted by the \r\n82\r\n[Director-General]– \r\n(a) for the temporary export of antiquities for the purpose of exhi bition, \r\nexamination or treatment for preservation; or \r\n(b) in accordance with agreements with foreign licences for archaeological \r\nexploration and excavations within the term of their licences; or \r\n(c) for the export of antiquities which are not of a unique n ature in \r\nexchange for antiquities of any foreign country. \r\n(2) All antiquities the export of which is prohibited under sub -section (1) \r\nshall be deemed to be goods of which the export has been prohibited under section \r\n \r\n77Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n78Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n79Substituted for the wor d “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n80Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n81Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n82Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n16 of the Customs Act, 1969 (IV of 1969) , and all the provisions of that Act shall \r\nhave effect accordingly, except that the antiquity in respect of which the provisions of \r\nthat Act have been contravened shall be confiscated where confiscation is \r\nauthorized under that Act. \r\n27. Traffic in movable antiquities.– (1) If the \r\n83\r\n[Government] apprehends that \r\nmovable antiquities in any place in \r\n84\r\n[Punjab] are being sold or removed to the \r\ndetriment of \r\n85\r\n[Punjab], it may, by notification in the official Gazette, prohibit or restrict \r\nthe movement of any such antiquity or any class of such antiquities for such period \r\nand between such places in \r\n86\r\n[Punjab] as may be specified in the notification, except \r\nwith, and in accordance with the term of, the written permission of the \r\n87\r\n[Director-\r\nGeneral]. \r\n(2) Whoever contravenes the provisions of a notification under sub -section \r\n(1) shall be punishable with rigorous imprisonment for a term which may extend to \r\nthree years, or with fine, or with both. \r\n(3) The Court trying an offence under sub -section (2) may direct that any \r\nantiquity in respect of which the offence has been committed shall stand for feited to \r\nthe \r\n88\r\n[Government]. \r\n28. Regulation of mining, quarrying , etc.– (1) If the \r\n89\r\n[Government] is of the \r\nopinion that for the purpose of protecting or preserving any immovable antiqui ty it is \r\nnecessary so to do, it may, by notification in the official Gazette, prohibit or restrict, \r\nwithin such area as may be specified therein, mining, quarrying, excavating, blasting \r\nand other operations of a like nature, or the movement of heavy vehicl es, except \r\nunder and in the accordance with the terms of a licence granted by the \r\n90\r\n[Director-\r\nGeneral] and rules, if any, made this behalf. \r\n(2) Any owner or occupier of land who sustains any loss by reason of any \r\nprohibition or restriction by a notification under sub -section (1) shall be paid \r\nreasonable compensation for such loss. \r\n(3) Whoever contravenes the provisions of sub -section (1) shall be punish \r\nable with imprisonment for a term which may extend to one year, or with fine or with \r\nboth. \r\n \r\n83Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n84Substituted for the word “Pakistan” by the Antiquities (Amendment) Act 2012 (XII of 2012) ; and published in the Punjab \r\nGazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n85Substituted for the word “Pakistan” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab \r\nGazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n86Substituted for the word “Pakistan” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab \r\nGazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n87Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n88Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and publi shed in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n89Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n90Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n29. Prohibition of archaeological excavation or exploration without licence.–\r\n(1) No person shall make on any land any excavation or exploration for \r\narchaeological purposes, or unearth or attempt to unearth or make any digging in \r\nany land or site for taking out antiquitie s, except under, and accordance with, a \r\nlicence granted by the \r\n91\r\n[Director-General]. \r\n(2) A licence under sub -section (1) in respect of any land s hall not be \r\ngranted to any person other than the owner of the land except in accord and with the \r\nterm of an agreement with the owner, and any such agreement may provide for– \r\n(a) the restriction of the owner’s rights in respect of the use and occupation \r\nof such land; \r\n(b) the compensation or any other consideration to be paid to the owner; \r\nand \r\n(c) any other matter con nected with the use of the land for the purpose of \r\nsuch excavation. \r\n(3) A licence under sub -section (1) shall not be refused to an owner if he \r\nundertakes to carry on the excavation in such manner that it will not result in the loss \r\nof archaeological or his torical material which in the national interest should be \r\npreserved. \r\n(4) Whoever contravenes the provisions of sub -section (1) shall be \r\npunishable with imprisonment for a term which may extend to three years, or with \r\nfine, or with both. \r\n(5) The Court tryin g an offence under sub -section (4) may direct that any \r\nobject found in the course of an excavation exploration, unearthing or digging \r\nconstituting such offence shall stand forfeited to the \r\n92\r\n[Government]. \r\n30. Prohibition of making copies of protected antiqu ities without licence .– \r\nNo person shall, for any commercial purpose, make a cinematograph film of any \r\nprotected antiquity or any part thereof except under, and in accordance with, a \r\nlicence granted by the \r\n93\r\n[Director-General]. \r\n31. Right of access to protect ed immovable antiquities .– Subject to the \r\nprovisions of this Act and the rules, the public shall have a right of access to any \r\nimmovable protected antiquity maintained by the \r\n94\r\n[Government] under this Act. \r\n32. Penalty.– A contravention of any provision of this Act or the rules shall, where \r\nno punishment has been specification provided, be punishable with rigorous \r\nimprisonment for a term which may extend to six months, or with fine which may \r\nextend to five thousand rupees, or with both. \r\n \r\n91Substituted for the word “Director” by th e Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n92Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and pub lished in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n93Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n94Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n33. Jurisdiction to tr y offences.– No court inferior to that of a Magistrate of the \r\nfirst class shall take cognizance of or try an offence punishable under this Act. \r\n34. Power to arrest without warrant .– \r\n95\r\n[(1) The \r\n96\r\n[Director-General] or any \r\nofficer duly empowered by him in thi s behalf may arrest without warrant any person \r\nagainst whom reasonable ground to believe that he has committed an offence under \r\nsection 5-A, 19, 25, 26, 27, or 29.] \r\n(2) Subject to sub-section (3), every person arrested under sub -section (1) \r\nshall be taken forthwith to the officer-in-charge of the nearest police station. \r\n(3) The \r\n97\r\n[Director-General] or the officer arresting any person, or the \r\nofficer-in-charge of a police station to whom any person is taken under subsection \r\n(2), shall either admit him to bail to appear before the Magistrate having jurisdiction \r\nor have him taken in custody before such Magistrate. \r\n35. Confiscated antiquities to be made over to \r\n98\r\n[Director-General].– Ay \r\nantiquity which is confiscated or forfeited under this Act shall be made over to the \r\n99\r\n[Director-General] for custody, preservation and protection. \r\n36. Indemnity.– No suit, prosecution or other legal proceeding shall lie against \r\nGovernment or any person for anything which is in good faith done or intended to be \r\ndone under this Act. \r\n37. Power to make rules .– (1) The \r\n100\r\n[Government] may, after previous \r\npublication, make rules for carrying out the purposes of this Act. \r\n(2) In particular, and without prejudice to the generality of the foregoing \r\npower, such rules may provide for– \r\n(a) the form and the conditions of any licence granted under this Act; \r\n(b) regulation of admission of the public to any immovable protected \r\nantiquity; \r\n(c) the levy of fees for the grant of any licence under this Act and for \r\nadmission of the public to an immovable protected antiquity; \r\n(d) the procedure to be followed in arbitrations, the principles to be \r\nfollowed in apportioning the costs of proceedings before the arbitrator \r\nand on appeal, and the maximum amount of an award against which \r\nno appeal shall lie, under sub-section (2) of section 16; \r\n \r\n95Substituted by the Antiquities (Amendme nt) Ordinance, 1978 (XLII of 1978); and published in the Gazette of Pakistan \r\n(Extraordinary), Part I, dated 5.11.1978, s.3. \r\n96Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n97Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n98Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n99Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (X XI of 1992); and published in the Gazette of \r\nPakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. \r\n100Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. \r\n(e) such other matters as are or may be required for carrying into the \r\nprovisions of this Act. \r\n(3) Rules made under this section may provide that the contravention of \r\nany of the provisions thereof or of any condition of a li cence granted under this Act \r\nshall be punishable with fine which may extend to \r\n101\r\n[two hundred thousand] rupees. \r\n102\r\n[38. Repeal.– * * * * * * * * * * * ] \r\n \r\n101Substituted for the words “five hundred” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the \r\nGazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.8. \r\n102Omitted by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated \r\n11.2.2012, pages 40141-40142, s.7.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:punjab-code-8e1d80c92b4e0c03:sha256:4d15e267cb670a4b70b890800f674648f4bff0dfd0c00b20b1ca4850a8549f54:chars-0-1765:d101fe4386a828bd99c7f194b70b7714063aa93e074062462f6a7531ffb0637a", "character_start": 0, "character_end": 1765, "utf8_byte_start": 0, "utf8_byte_end": 1765, "passage_sha256": "d101fe4386a828bd99c7f194b70b7714063aa93e074062462f6a7531ffb0637a", "reader_fragment": "p-0-1765-d101fe4386a828bd" }, { "passage_id": 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