THE ANTIQUITIES ACT, 1975 (VII of 1976) CONTENTS 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 5-A. 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 guardianship of antiquity by agreement 13. Purchasers at certain sales and persons 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 20. Restriction on repairs, renovation, etc., of protected immovable antiquity 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 36. Indemnity 37. Power to make rules 38. Repeal TEXT 1 THE ANTIQUITIES ACT, 1975 (VII of 1976) [14th 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 2 [Punjab]. (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; 3 [(b) ‘ancient’, in relation to an antiquity, means an antiquity which has been in existence for a period of not less than seventy-five years;] (c) “antiquity” means– (i) any ancient product of human activity, movable or immovable illustrative of art, architecture, crafts, cu stom, 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 1For Statement of Objects and Reasons, see Gaz. of P., 1975, Ext., Pt. HI, p. 1541. This Act has been published in the Gazette of Pakistan(Extraordinary), Part I, dated14.1.1976, pages 26-37. The Act has been applied to Provincially Administered Tribal Areas of N.W.F.P. with certain modifications, see Notif ication. No. 14/43-505(II) (H.D)/80. dt. 29-1-81, see Gaz. of N.W.F.P, Ext., p. 2Substituted for the word “Pakistan” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 3Substituted by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.3. (iv) any other object or class of such objects declared by the 4 [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) “ 5 [Director-General]” means the 6 [Director-General] of Archaeology, Government of 7 [Punjab], and includes an officer authorized by him to exercise or perform all or any of the power or functions of the 8 [Director- General] under this Act; 9 [(f) “export” means taking anything out of the Punjab by land or air;] 10 [(ff) “Government” means Government of the Punjab;] (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 scientifi c 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 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; 4Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 5Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 6Substituted ibid. 7Substituted for the word “Pakistan” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 8Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 9Substituted by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.3(a). 10Inserted ibid., s.3(b). (5) the reasonable means of access to, an convenient inspection of an immovable antiquity; and (6) any urban site, street, group of buildings or public square of special value which the 11 [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 ma y be determined and notified as such from time to time by the 12 [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 manger 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 .– 13 [(1) For the purposes of this Act, t he Government shall, by notification in the official Gazette, constitute an Advisory Committee consisting of archaeologists, architects, historians and members of the provincial Assembly of the Punjab and the Director General shall be the Chairman of the Advisory Committee.] (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 antiqui ty.– If any question arises whether any product, object or site is an antiquity within the meaning of this 11Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 12Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 13Substituted by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141 -40142, s.4. Earlier substituted by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.4. Act it shall be referred to the 14 [Government] which shall, after consultation with the Advisory Committee, decide the same; and the decision of the 15 [Government] shall be final. 5. Custody, preservation, etc ., of certain antiquities .– (1) Where the 16 [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 sha ll 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 17 [Director- General] may, with the approval of the 18 [Government], take such steps as he may consider necessary for the custody, preservation and protection of the antiquity. 19 [5-A. Accidental discovery of antiquity to be reported to 20 [Director-General].– (1) Whoever discovers, or finds accidentally, any movable antiquity shall inform the 21 [Director-General] within seven days of its being discovered or found and preserve it for the period specified in subsection (2). (2) If, within seven days of his being informed under subsection (1) of the discovery of a movable antiquity or of a movable antiquity having been found, the 22 [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 23 [Director-General] or a person authorized by him in writing. 24 [(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 a person who discovers or finds any movable antiquity contravenes the provisions of subsection (1) or subsection (2), he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both 14Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 15Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 16Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 17Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 18Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 19Substituted by the Antiquities (Amendment) Ordinance, 1978 (XLII of 1978); and published in the Gazette of Pakistan (Extraordinary), Part I, dated 5.11.1978, s.2. 20Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 21Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 22Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 23Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 24Substituted ibid., s.5. 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 25 [Government].] 6. Power of en try, inspection, etc .– (1) The 26 [Director-General] may, after giving reasonable notice, enter into, inspect and examine any premises, place or area which or the sub -soil of which he 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 photographed, 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 27 [Director-General] for the purpose of sub-section (1). (3) No Photograph, copy or reproduction taken or made under or for the purposes of sub -section (1) shall be sold or offered for sale except by or with the consent of the owner of the object of which the photograph, copy or reproduction has been taken or made. (4) Where substantial damage is caused to any property as a result of the inspection under sub -section (1), the 28 [Director-General] shall pay to the owner thereof reasonable compensation for the damage. 29 [7. Acquisition of land containing antiquities .–If the Director General has reasonable grounds to believe that any land contains any antiquity, he may request the Government to acquire such land under the Land Acquisition Act 1894 (I of 1894) and such acquisition shall be deemed to be acquisition for public purpose.] 8. Purchase, taking lease, etc., of antiquity.– (1) The 30 [Director-General] may, with the previous sanction of the 31 [Government], purchase, or take lease or accept a gift or bequest of, an antiquity. (2) The 32 [Director-General] may receive voluntary contributions and donations for the acquisition, preservation or restoration of antiquities and may make suitable arrangements for the m anagement and application of the fund created by such contributions and donations: 25Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and publishe d in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 26Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 27Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 28Substituted for the word “Director” by the Antiquitie s (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 29Substituted by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.7. 30Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 31Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 32Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 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 33 [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 34 [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 35 [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 sub-section (1), 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 36 [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 contr avention of sub-section (3) shall be void and the antiquity or property so sold shall be forfeited to the 37 [Government]. 10. Declaration of protected antiquities .– (1) The 38 [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 39 [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 decla red 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. 33Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 34Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 35Substituted for the wor d “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 36Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 37Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 38Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 39Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 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 notifica tion, make a representation in writing to the 40 [Government] against the notification. (2) Upon the receipt of a representation under subsection (1) against a notification, the 41 [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 42 [Director-General] may, with the previous sanction of the 43 [Government], accept such guardianship. (2) Where the 44 [Director-General] has ac cepted 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 45 [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 the 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 46 [Director-General] for inspection and 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; 40Substituted for the words “Federal Government” by the Antiquities (Amendment) Ac t 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 41Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 42Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 43Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 44Substituted for the word “Director” by the Antiquities (Amendment) Ac t, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 45Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 46Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. (g) compensation to be paid for any loss sustained by the owner o r 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 47 [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 48 [Director-General], with the previous sanction of the 49 [Government], to the owner or by the owner to the 50 [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 own er who entered into such agreement, shall be bound by such agreement. 51 [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 52 [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 53 [Director-General], refuses or fails to enter into an agreement under section 1 2, the 54 [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 47Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 48Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 49Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 50Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 51Inserted by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.6. 52Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and publ ished in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 53Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 54Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. antiquity does not exceed one thousand rupees, make an application to the District Judge. (2) On the hearing of a n 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 ma y be executed as if it were the decree of a Civil Court. 15. Compulsory acquisition of protected immovable antiquity .– 55 [(1) If the Director General apprehends that a protected immovable antiquity is in danger of being destroyed, injured or allowed to fall into decay, he may, request the Government to acquire such antiquity under the Land Acquisition Act 1894 (I of 1894) and such acquisition shall be deemed to be acquisition for public purpose.] (2) The power of compulsory acquisition under sub -section (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 56 [.] (c) 57 [* * * * * * * * * * * ] 16. Compulsory acquisition of movable antiquities .– (1) If the 58 [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 59 [Government] may, by order in writing addressed to the owner, acquire such antiquity: Provided that the power to acquire under this sub-section 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 sub-section (1) has been served upon the owner, the antiquity to which the order relates shall immediately vest in the 60 [Government] free from all encumbrances and the owner shall be entitled to compensation, the 55Substituted by the Antiquities (Amendment) Act 20 12 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.6. 56Substituted for “; or” by the Antiquities (Amendment) Act, 1976 (VI of 1976), s.2 (w.e.f. 2.8.1976) 57Omitted by the Antiquities (Amendment) Act, 1976 (VI of 1976), s.2 (w.e.f. 2.8.1976) 58Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 59Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 60Substituted for the words “Federal Government” by the Antiquities (Amendme nt) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 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 61 [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 proceeding s before the arbitrator, the 62 [Government] and the person to be compensated shall state what in their perspective 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 sub -section and in any rules made in this behalf, nothing in any law for the time being in force shall apply to arbitration under this sub-section. 17. Protection of place of worship from misuse, etc.– (1) A place of worship or shrine, being an antiquity maintained by the 63 [Government], shall not be used for any purpose inconsistent with its character. (2) A place of worship or shrine in respect of which the 64 [Director-General] 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 65 [Government]. (3) Where any antiquity in respect of which the 66 [Government] has acquired any right under this Act or the 67 [Director-General] has accepted guardianship is periodically used for religious worship or observance by any community, the 68 [Director-General] shall provide for the protection of such antiquity from pollution or desecration. 61Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 62Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 63Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 64Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 65Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 66Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 67Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 68Substituted for the word “Director” by the Antiquiti es (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. (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 entit led 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 th e provisions of sub -section (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 .– (1) No person shall, except for carrying out the p urposes 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 sub -section (1) sh all 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 sub -section (2) may direct that the whole or any part of the fine recovered shall be applied in defra ying 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 any alteration or renovation in, or addition in, or addition to, the antiquity: Provided that he may, with the permission of the 69 [Director-General], 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 70 [Director-General] or a person authorized by him in this behalf. (2) Whoever contravenes the provisions of sub -section (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 measure for preservation of antiquity .– (1) Where the 71 [Director-General] considers that any antiquity is not being preserved or 69Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 70Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 71Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. conserved properly by its owner, the 72 [Director-General] may, be 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 meas ures specified in the order referred to in sub-section (1), the 73 [Director-General] 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 l aw 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 74 [Director-General]. 23. Prohibition of bill posting, neon signs, other kinds of advertisements, etc.– (1) No person shall put any neon signs or oth er 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 sub -section (1) shall be punishable with rigorous imprisonment for 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 sub -section (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 etc., of antiquity .– (1) Whoever counterfeits, or commits forgery in respect of an y 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 pers on shall be punishable with imprisonment for a term which may extend to six months or with fine, or with both. (2) The Court trying an offence under sub -section (1) may direct that anything the making or forg oing of which has constituted such offence shall stand forfeited to the 75 [Government]. 25. Dealing in antiquities.– (1) No person shall deal in antiquities except under, and in accordance with, a licence granted by the 76 [Director-General]. 72Substituted for the word “Director” by the Antiquities (Amendment) A ct, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 73Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 74Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 75Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 76Substituted for the word “Director” by the Antiquities (Amendment) Act, 199 2 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. (2) Every dealers shall maintain a register in such manner and form as the 77 [Director-General] may prescribe from time to time. (3) A licence granted under sub -section (1) may be cancelled by the 78 [Director-General] for the breach of any condition of the licence. (4) The 79 [Director-General] may, with a view to securin g compliance with the provisions of this section,– (a) require any person dealing in antiquities to give such information is his possession with respect to any business carried on by him as the 80 [Director-General] may demand; (b) inspect or cause to be i nspected any book, register or other document belonging to or under the control of any person dealing in antiquities; and (c) enter and search, or authorize any officer subordinate to him to enter and search, any premises and seize, o authorize any such of ficer 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 sub -section (5) may direct that any antiquity in respect of which the offence has been committed shall stand forfeited to the 81 [Government]. 26. Export of antiquities.– (1) No person shall export any antiquity except under a licence to be granted by the 82 [Director-General]– (a) for the temporary export of antiquities for the purpose of exhi bition, 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 n ature in exchange for antiquities of any foreign country. (2) All antiquities the export of which is prohibited under sub -section (1) shall be deemed to be goods of which the export has been prohibited under section 77Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 78Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 79Substituted for the wor d “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 80Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 81Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 82Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 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 authorized under that Act. 27. Traffic in movable antiquities.– (1) If the 83 [Government] apprehends that movable antiquities in any place in 84 [Punjab] are being sold or removed to the detriment of 85 [Punjab], 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 86 [Punjab] as may be specified in the notification, except with, and in accordance with the term of, the written permission of the 87 [Director- General]. (2) Whoever contravenes the provisions of a notification under sub -section (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 sub -section (2) may direct that any antiquity in respect of which the offence has been committed shall stand for feited to the 88 [Government]. 28. Regulation of mining, quarrying , etc.– (1) If the 89 [Government] is of the opinion that for the purpose of protecting or preserving any immovable antiqui ty 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, quarrying, excavating, blasting and other operations of a like nature, or the movement of heavy vehicl es, except under and in the accordance with the terms of a licence granted by the 90 [Director- General] and rules, if any, made this behalf. (2) Any owner or occupier of land who sustains any loss by reason of any prohibition or restriction by a notification under sub -section (1) shall be paid reasonable compensation for such loss. (3) Whoever contravenes the provisions of sub -section (1) shall be punish able with imprisonment for a term which may extend to one year, or with fine or with both. 83Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 84Substituted for the word “Pakistan” by the Antiquities (Amendment) Act 2012 (XII of 2012) ; and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 85Substituted for the word “Pakistan” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 86Substituted for the word “Pakistan” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 87Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 88Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and publi shed in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 89Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 90Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 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 antiquitie s, except under, and accordance with, a licence granted by the 91 [Director-General]. (2) A licence under sub -section (1) in respect of any land s hall not be granted to any person other than the owner of the land except in accord and 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 con nected with the use of the land for the purpose of such excavation. (3) A licence under sub -section (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 his torical material which in the national interest should be preserved. (4) Whoever contravenes the provisions of sub -section (1) shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both. (5) The Court tryin g an offence under sub -section (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 92 [Government]. 30. Prohibition of making copies of protected antiqu ities 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 93 [Director-General]. 31. Right of access to protect ed 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 94 [Government] under this Act. 32. Penalty.– A contravention of any provision of this Act or the rules shall, where no punishment has been specification 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. 91Substituted for the word “Director” by th e Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 92Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and pub lished in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 93Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 94Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. 33. Jurisdiction to tr y offences.– No court inferior to that of a Magistrate of the first class shall take cognizance of or try an offence punishable under this Act. 34. Power to arrest without warrant .– 95 [(1) The 96 [Director-General] or any officer duly empowered by him in thi s behalf may arrest without warrant any person against whom reasonable ground to believe that he has committed an offence under section 5-A, 19, 25, 26, 27, or 29.] (2) Subject to sub-section (3), every person arrested under sub -section (1) shall be taken forthwith to the officer-in-charge of the nearest police station. (3) The 97 [Director-General] 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 98 [Director-General].– Ay antiquity which is confiscated or forfeited under this Act shall be made over to the 99 [Director-General] for custody, preservation and protection. 36. Indemnity.– No suit, prosecution or other legal proceeding shall lie against Government or any person for anything which is in good faith done or intended to be done under this Act. 37. Power to make rules .– (1) The 100 [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 sub-section (2) of section 16; 95Substituted by the Antiquities (Amendme nt) Ordinance, 1978 (XLII of 1978); and published in the Gazette of Pakistan (Extraordinary), Part I, dated 5.11.1978, s.3. 96Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 97Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 98Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 99Substituted for the word “Director” by the Antiquities (Amendment) Act, 1992 (X XI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.2. 100Substituted for the words “Federal Government” by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.2. (e) such other matters as are or may be required for carrying into the provisions of this Act. (3) Rules made under this section may provide that the contravention of any of the provisions thereof or of any condition of a li cence granted under this Act shall be punishable with fine which may extend to 101 [two hundred thousand] rupees. 102 [38. Repeal.– * * * * * * * * * * * ] 101Substituted for the words “five hundred” by the Antiquities (Amendment) Act, 1992 (XXI of 1992); and published in the Gazette of Pakistan (Extraordinary), dated 16.9.1992, pages 553-555, s.8. 102Omitted by the Antiquities (Amendment) Act 2012 (XII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40141-40142, s.7.