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THE ANTIQUITIES ACT, 1975
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.
5A. Accidental discovery of antiquity to be reported, to Director-General
6. Power of entry, inspection, etc.
7. Acquisition of land containing antiquities.
8. Purchase, taking lease, etc., of antiquity.
9. Right of pre-emption in case of a sale of antiquity.
10. Declaration of protected antiquities.
11. Representation against declaration of protected antiquities.
12. The guardian ship of antiquity by agreement.
13. Purchasers at certain sales and person claiming through owner bound by agreement entered
into by owner.
13A. Ownership of buried antiquities.
14. Application of endowment for maintenance and preservation of antiquity.
15. Compulsory acquisition of protected immovable antiquity.
16. Compulsory acquisition of movable antiquities.
17. Protection of place of worship from misuse, etc.
18. Restriction on use of protected immovable antiquity.
19. Prohibition of destruction, damage, etc., of protected antiquities.
Page 1 of 14
20. Restriction on repairs, renovations, etc., of protected immovable antiquities.
21. Direction to the owner to take measures for preservation of antiquity.
22. Execution of development schemes and new constructions in proximity to immovable
antiquity.
23. Prohibition of bill posting, neon signs, other kinds of advertisements, etc.,
24. Penalty for counterfeiting, etc., of antiquity.
25. Dealing in antiquities.
26. Export of antiquities.
27. Traffic in movable antiquities.
28. Regulation of mining, quarrying, etc.,
29. Prohibition of archaeological excavation or exploration without licence.
30. Prohibition of making copies of protected antiquities without licence.
31. Right of access to protected immovable antiquities.
32. Penalty.
33. Jurisdiction to try offences.
34. Power to arrest without warrant.
35. Confiscated antiquities to be made over to Director General.
36. Indemnity.
37. Power to make rules.
38. Repeal.
Page 2 of 14
THE ANTIQUITIES ACT, 1975
1
Act No. 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 Pakistan.
(3) It shall come into force at once.
2. Definitions.—In this Act, unless there is any thing repugnant in the subject of context,—
(a) “Advisory Committee” means the Advisory Committee constituted under
section 3;
2
[(b) “ancient”, in relation to an antiquity, means an antiquity which has been in
existence for a period of not less than seventyfive years;]
(c) “antiquity” means—
(i) any ancient product of human activity, movable or immovable,
illustrative of art, architecture, craft, custom, literature, morals, politics,
religion, warfare or science or of any aspect of civilization or culture,
(ii) any ancient object or site of historical, ethnographical, anthropological,
military or scientific interest,
(iii) any national monument, and
(iv) any other object or class of such objects declared by the Federal
Government, by notification in the official Gazette, to be an antiquity
for the purposes of this Act;
(d) “dealer” means a person engaged in the business of buying and selling
antiquities; and “deal in antiquities” means to carry on such business;
3
(e) [Director-General] means the 3[Director-General] of Archaeology,
Government of Pakistan, and includes an officer authorised by him to exercise
or perform all or any of the powers or functions of the 3[Director-General] under
this Act ;
1
For Statement of Objects and Reasons, see Gaz. of P., 1975, Ext., Pt. III, p. 1541.
The Act has been applied to Provincially Administered Tribal Areas of N.W.F.P. with certain modifications, see Notifn. No. 14/43-505(II) (H.D)/80. dt.
29-1-81, see Gaz. of N.W.F.P, Ext., p.
2
Subs. by the Antiquities (Amdt.) Act, 1992 (21 of 1992), s. 2, for clause (b).
3
Subs. by the Antiquities (Amdt.) Act, 1992 (21 of 1992), s. 2, for “Director”.
Page 3 of 14
(f) “export” means taking out of Pakistan by land, sea or air;
(g) “immovable antiquity” means an antiquity of any of the following descriptions,
namely:—
(i) any archaeological deposit on land or under water,
(ii) any archaeological mound, tumulus, burial place or place of internment,
or any ancient garden, structure, building, erection or other work of
historical, archaeological military or scientific interest,
(iii) any rock, cave or other natural object of historical, archaeological
artistic or scientific interest or containing sculpture, engraving,
inscription or painting of such interest, and includes—
(1) any gate, door, window, paneling, dado, ceiling, inscription,
wall-painting, wood work, metal work or sculpture or any other
thing which is attached or fastened to an immovable antiquity;
(2) the remains of an immovable antiquity;
(3) the site of an immovable antiquity;
(4) such portions of land or water adjoining the site of an immovable
antiquity as are reasonably required for fencing or covering or
otherwise preserving such antiquity;
(5) the reasonable means of access to, and convenient inspection of
an immovable antiquity; and
(6) any urban site, street, group of buildings or public square of
special value which the Federal Government, being of the
opinion that its preservation is a matter of public interest by
reason of its arrangement, architecture or materials of
construction, by notification in the official Gazette, declares to
be an immovable antiquity for the purposes of this Act;
(h) “national monument” means any building, structure, erection, place of
internment, garden, portion of land or any other place or thing of national
importance as may be determined and notified as such from time to time by the
Federal Government in consultation with the Advisory Committee;
(i) “owner” includes—
(i) any person legally competent to act on behalf of the owner, when by
reason of infancy or other disability the owner is unable to act;
(ii) a joint owner invested with powers of management on behalf of himself
and other joint owners and the successor in interest of such owner; and
(iii) any manager or trustee exercising the powers of management and the
successor in office of such manager or trustee;
Page 4 of 14
(j) “protected antiquity” means an antiquity which is declared under section 10 to
be a protected antiquity; and
(k) “rules” means rules made under this Act.
3. Advisory Committee.—l[(l) For the purposes of this Act, the Federal Government shall, by
notification in the Official Gazette, constitute an Advisory Committee comprising of such members,
including one member each from the Senate and the National Assembly, as may be deemed necessary.
The Chairman of the Advisory Committee shall be the member of Parliament.]
(2) No act or proceeding of the Advisory Committee shall be deemed to be invalid by reason
only of the existence of a vacancy in, or defect in the constitution of, the Committee.
4. Dispute as to whether any product etc., is an antiquity.—If any question arises whether
any product, object or site is an antiquity within the meaning of this Act it shall be referred to the
Federal Government which shall, after consultation with the Advisory Committee, decide the same;
and the decision of the Federal Government shall be final.
5. Custody, preservation etc., of certain antiquities.—(1) Where the 2[Director General]
receives any information or otherwise has the knowledge of the discovery or existence of an antiquity
of which there is no owner, he shall, after satisfying himself as to the correctness of the information or
knowledge, take such steps as he may consider necessary for the custody, preservation and protection
of the antiquity.
(2) Where the owner of an antiquity is not traceable, the 2[Director General] may, with the
approval of the Federal Government, take such as he may consider necessary for the custody,
preservation and protection of the antiquity.
3[5A
Accidental discovery of antiquity to be reported to 2[Director-General].—(1)
Whoever discovers, or finds accidentally any movable antiquity shall inform the 2[Director General]
within seven days of its being discovered or found and preserve it for the period specified in sub-section
(2).
(2) If, within seven days of his being informed under sub-section (1) of the discovery of a
movable antiquity or of a movable antiquity having been found, the 2[Director General] decides to take
over the antiquity for purposes of custody, preservation and protection the person discovering or
finding it shall hand it over to the 1[Director General] or a person authorised by him in writing.
4
[(3) Where the Director General decides to take over an antiquity he may pay to the person by
whom it is handed over to him such cash reward as the Advisory Committee may deem fit.]
(4) If any person who discovers or finds any movable antiquity contravenes the provisions of
sub- section (1) or sub-section (2), he shall be punishable with imprisonment for a term which may
extend to three years, or with fine, or with both, and; the court convicting such person shall direct that
the antiquity in respect of which such contravention has taken place shall stand forfeited to the Federal
Government.]
1
Subs. by the Antiquities (Amdt.) Act, 1992 (21 of 1992), s. 4, for sub-section (1).
2
Subs. by the Antiquities (Amdt.) Act, 1992 (21 of 1992), s. 2, for “Director”.
3
Section 5A ins. by the Antiquities (Amdt.) Ordinance, 1978 (42 of 1978), s. 2.
4
Subs. by Act. 2l of 1992, s. 5, for sub-section (3).
Page 5 of 14
6. Power of entry, inspection, etc.—(1) The 1[Director General] may, after giving
reasonable notice, enter into, inspect and examine any premises, place or area which or the sub‑soil of
which may have reason to believe to be, or to contain an antiquity and may cause any site, building,
object or any antiquity or the remains of any antiquity in such premises, place or area to be photo
graphed, copied or reproduced by any process suitable for the purpose.
(2) The owner or occupier of the premises, place or area shall afford all reasonable opportunity
and assistance to the 1[Director General] for the purpose of sub-section (1).
(3) No photograph, copy or reproduction taken or made under or for the purposes of
sub-section (1) shall be sold or offered for sale except by or with the consent of the owner of the object
of which the photograph, copy or reproduction has been taken or made.
(4) Where substantial damage is caused to any property as a result of the inspection under sub-
section (1), the 1[Director General] shall pay to the owner thereof reasonable compensation for the
damage.
7. Acquisition of land containing antiquities.—If the Federal Government has reasonable
grounds to believe that any land contains any antiquity it may direct the Provincial Government to
acquire such land or any part thereof; and the Provincial Government shall thereupon acquire such
land or part under the Land Acquisition Act, 1894 (I of 1894), as for a public purpose.
8. Purchase, taking lease, etc., of antiquity. (1) The 1[Director General] may, with the
previous sanction of the Federal Government, purchase, or take lease or accept a gift or bequest of, an
antiquity.
(2) The 1[Director General] may receive voluntary contributions and donations for the
acquisition, preservation or restoration of antiquities and may make suitable arrangements for the
management and application of the fund created by such contributions and donations:
Provided that a contribution or donation made for any specified purpose shall not be applied to
any purpose other than that for which it has been made.
9. Right of pre‑emption in case of a sale of antiquity.— (1) Where the 1[Director General]
receives any information or otherwise has the knowledge that any antiquity or any immovable property
containing an antiquity is offered for sale or is about to be sold, he may, with the approval of the
Federal Government, exercise the right of pre‑emption with respect to such antiquity or property and,
if he intends to exercise the right, shall give to the person competent to sell a notice in writing
according.
(2) If the 1[Director General] does not exercise with respect to any antiquity or property the
right of pre‑emption within a period of three months from the date of notice given under subsection
(l), the antiquity or property may be sold to any person after the expiry of the said period and a notice
of such sale shall be given to the 1[Director General].
(3) Save as provided in sub-section (2), no antiquity or property in respect of which a notice
under sub-section (1) has been given shall be sold to any person.
(4) All sales in contravention of sub-section (3) shall be void and the antiquity or property so
sold shall be forfeited to the Federal Government.
1
Subs. by the Antiquities (Amdt.) Act, 1992 (21 of 1992), s. 2, for “Director”.
Page 6 of 14
10. Declaration of protected antiquities.—(1) The Federal Government may, by notification
in the official Gazette, declare any antiquity to be a protected antiquity for the purposes of this Act.
(2) A copy of a notification under sub-section (1) shall be served on the owner of the antiquity
and; in the case of an immovable antiquity, shall also be fixed up in a conspicuous place of or near the
antiquity.
(3) A notification under sub-section (1) shall, unless it is cancelled by the Federal Government,
be conclusive evidence of the fact that the antiquity to which it relates is a protected antiquity for the
purposes of this Act.
(4) Antiquities declared to be protected antiquities under the Antiquities Act, 1968 (XIV of
1968), and ancient monuments deemed to be protected antiquities for the purposes of that Act, shall
be deemed to be protected antiquities for the purposes of this Act.
11. Representation against declaration of protected antiquities.—(1) The owner of an
antiquity to which a notification under section 10 relates, or any person having any right or interest in
the antiquity, may, within three months of the service of a copy of the notification, make a
representation in writing to the Federal Government against the notification.
(2) Upon the receipt of a representation under sub-section (1) against a notification, the Federal
Government, after giving the person making it an opportunity of being heard and after consultation
with the Advisory Committee, may, if it is satisfied that there are good and sufficient reasons for
objection to the notification, cancel it.
12. The guardianship of antiquity by agreement.—(1)The owner of any immovable
antiquity or protected antiquity may, by an agreement in writing constitute the 1[Director General] the
guardian of such antiquity and the 1[Director General] may, with the previous sanction of the Federal
Government, accept such guardianship.
(2) Where the 1[Director General] has accepted the guardianship of an antiquity in pursuance
of an agreement under sub-section (1), the owner shall, except as expressly provided in this Act and in
the agreement, have the same right, title and interest in and to the antiquity as if the 1[Director General]
had not been constituted the guardian thereof.
(3) An agreement under this section in relation to an antiquity may provide for all or any of
the following matters, namely:
(a) the maintenance of an antiquity;
(b) the custody of the antiquity and the duties of any person who may be employed
to watch it;
(c) the restrictions upon the right of the owner to alienate, destroy, remove, alter or
deface the antiquity or to build on or near the site of the antiquity;
(d) the facilities of access to be allowed to the public;
(e) the facilities to be allowed to persons deputed by the owner or the 1[Director
General] for inspection aid maintenance of the antiquity;
1
Subs. by the Antiquities (Amdt.) Act, 1992 (21 of 1992), s. 2, for “Director”.
Page 7 of 14
(f) the expenses to be incurred in connection with the preservation of the antiquity
and payment of such expenses if incurred by the owner;
(g) compensation to be paid for any loss sustained by the owner or occupier or any
other person as a result of the enforcement or observance of the agreement; and
(h) any other matter connected with the custody, management and preservation of
the antiquity.
(4) The terms of an agreement under this section may be altered from time to time with the
sanction of the Federal Government and with the consent of the owner.
(5) An agreement under this section in relation to an antiquity may be terminated upon six
months' notice in writing given by the 1[Director General], with the previous sanction of the Federal
Government, to the owner or by the owner to the 1[Director General].
13. Purchasers at certain sales and persons claiming through owner bound by agreement
entered into by owner.—Notwithstanding anything contained in any other law for the time being in
force, every person who, at a sale for the recovery of arrears of land revenue or any other public
demand, purchases any land or property, or any right or interest in land or property, which contains or
in which is situated an antiquity in respect of which an agreement under section 12 subsists, and every
person claiming any title to any antiquity from, through or under an owner who entered into such
agreement, shall be bound by such agreement.
2
[13A. Ownership of buried antiquities. Notwithstanding anything contained in any other
law for the time being in force, the ownership of all buried antiquities shall vest in the Federal
Government.]
14. Application of endowment for maintenance and preservation of antiquity.—(1) Where
any endowment has been created for the maintenance and preservation of any protected antiquity, or
for that purpose among others, and the owner or other person competent in this behalf fails in the
proper application of such endowment and, when proposed to him by the 1[Director General], refuses
or fails to enter into an agreement under section 12, the 1[Director General] may, for the proper
application of such endowment or part thereof, institute a suit in the Court of the District Judge, or,
where the estimated cost of maintaining and preserving the antiquity does not exceed on thousand
rupees, make an application to the District Judge.
(2) On the bearing of an application under sub-section (1), the District Judge may summon and
examine the owner and any person whose evidence appears to him necessary, and may pass an order
for the proper application of the endowment or of any part thereof, and any such order may be executed
as if it were the decree of a Civil Court.
15. Compulsory acquisition of protected Immovable antiquity.—(1) If the Federal
Government apprehends that a protected immovable antiquity is in danger of being destroyed, injured
or allowed to fall into decay, it may, 3* * * direct the Provincial Government to acquire such antiquity
or any part thereof ; and the Provincial Government shall thereupon acquire such antiquity or part
under the Land Acquisition Act, 1894 (I of 1894), as for a public purpose.
1
Subs, by the Antiquities (Amdt.) Act, 1992 (21 of 1992), s. 2, for “Director”.
2
New section I3A ins. ibid., s. 6.
3
The words “after consultation with the Advisory Committee” omitted by the Antiquities (Amdt.) Act, 1976 (6 of 1976), s. 2, (w.e.f. 2-8-76).
Page 8 of 14
(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
1
[.]
2
* * * * * * *
16. Compulsory acquisition of movable antiquities.—(1) If the Federal Government is of
the opinion that any movable antiquity should, by reason of its cultural, historical or archaeological
importance, be acquired for the purpose of preservation, the Federal Government may, by order in
writing addressed to the owner, acquire such antiquity:
Provided that the power to acquire under this sub-section shall not extend to—
(a) any image or symbol in actual use for the purpose of any religious observance ;
and
(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 Federal Government free from all encumbrances
and the owner shall be entitled to compensation, the amount of which shall be determined in the
manner, and in accordance with the principles, hereinafter set out, that is to say,—
(a) where the amount of compensation can be fixed by agreement, it shall be paid
in accordance with such agreement ;
(b) where no such agreement can be reached, the Federal Government shall appoint
as arbitrator a person who has been, or is qualified for appointment as, a Judge
of a High Court;
(c) at the commencement of the proceedings before the arbitrator, the Federal
Government and the person to be compensated shall state what in their
respective opinions is a fair amount of compensation ;
(d) the arbitrator in making his award shall have regard to the price which the
antiquity is likely to fetch on a sale in open market between a buyer and a seller
independent of each other;
(e) an appeal shall lie to the High Court against any award of an arbitrator except
in case where the amount thereof does not exceed an amount prescribed in this
behalf by rules ; and
(f) save as provided in this sub-section and in any rules made in this behalf, nothing
in any law for the time being in force shall apply to arbitrations under this sub-
section.
1
Subs. Ibid., s. 2, or “; or”.
2
Clause(c) omitted ibid., (w.e.f. 2-8-76).
Page 9 of 14
17. Protection of place of worship from misuse, etc.—(1) A place of worship or shrine,
being an antiquity maintained by the Federal Government, shall not be used for any purpose
inconsistent with its character.
(2) A place of worship or shrine in respect of which the 1[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 Federal
Government.
(3) Where any antiquity in respect of which the Federal Government has acquired any right
under this Act or the 1[Director-General] has accepted guardianship is periodically used for religious
worship or observance by any community, the 1[Director General] shall provide for the protection of
such antiquity from pollution or desecration—
(a) by prohibiting the entry therein, except in accordance with the conditions
prescribed with the concurrence of the person in charge of the antiquity, of any
person not entitled so to enter by the religious usages of the community by
which the antiquity is used ; and
(b) by taking with the concurrence of the person in charge of the antiquity such
other action as he may think necessary for the purpose.
(4) Whoever contravenes the provisions of 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 purposes of this Act, destroy, break, damage, alter, injure, deface or mutilate
or scribble, write or engrave any inscription or sign on, any antiquity or take manure from any protected
antiquity.
(2) Whoever contravenes the provisions of 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 the whole or any part of
the fine recovered shall be applied in defraying the expenses of restoring the antiquity to the condition
in which it was before the commission of the offence.
20. Restriction on repairs, renovation, etc., of protected immovable antiquity.—(1) The
owner of a protected immovable antiquity shall not make any alteration or renovation in, or addition
to the antiquity:
Provided that he may, with the permission of the 1[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 1[Director-General] or a person authorised by him in this behalf.
1
Subs. by the Antiquities (Amdt.) Act, 1992 (21 of 1992), s. 2, for “Director”
Page 10 of 14
(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 measures for preservation of antiquity.—(1)Where the
1
[Director General] considers that any antiquity is not being preserved or conserved properly by its
owner, the 1[Director General] may, by order in writing, direct the owner to take such measures for its
proper preservation and conservation, and within such time, as may be specified in the order.
(2) If the owner fails to take the measures specified in the order referred to in sub-section (1),
the 1[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 law for the time being in force, no
development plan or scheme or new construction on, or within a distance of two hundred feet of, a
protected immovable antiquity shall be undertaken or executed except with the approval of the
1
[Director-General].
23. Prohibition of bill posting, neon signs, other kinds of advertisements, etc.—(1) No
person shall put any neon signs or other kinds of advertisement, including bill posting, commercial
signs, poles or pylons, electricity or telephone cables and television aerials, on or near any protected
immovable antiquity.
(2) Whoever contravenes the provision of sub-section (1) shall be punishable with rigorous
imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand
rupees, or with both.
(3) The court trying an offence under 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 any antiquity with intent to commit fraud or knowing to be likely that fraud will
thereby be committed, or causes anything to appear like, or to be believed to be, an antiquity with
intent to cause wrongful gain to one person or wrongful loss to another person shall be punishable with
imprisonment for a term which may extend to six months or with fire, or with both.
(2) The Court trying an offence under sub-section (1) may direct that anything the making or
forging of which has constituted such offence shall stand forfeited to the Federal Government.
25. Dealing in antiquities.—(1) No person shall deal in antiquities except under, and in
accordance with, a licence granted by the 1[Director-General].
(2) Every dealer shall maintain a register in such manner and form as the 1[Director-General]
may prescribe from time to time.
(3) A licence granted under sub-section (1) may be cancelled by the 1[Director-General] for
the breach of any condition of the licence.
1
Subs. by the Antiquities (Amdt.) Act, 1992 (21 of 1992), s. 2, for “Director”.
Page 11 of 14
(4) The 1[Director-General] may, with a view to securing compliance with the provisions of
this section,—
(a) require any person dealing in antiquities to give such information in his
possession with respect to any business carried on by him as the
1
[DirectorGeneral] may demand ;
(b) inspect or cause to be inspected any book, register or other document belonging
to or under the control of any person dealing in antiquities ; and
(c) enter and search, or authorise any officer subordinate to him to enter and search,
any premises and seize, or authorise any such officer or a police officer, to seize,
any antiquity in respect of which he has reason to believe that a contravention
of any provision of this section or a breach of any condition of the licence has
been committed.
(5) Whoever contravenes the provisions of this section shall be punishable with rigorous
imprisonment for a term which may extend to three years, or with fine, or with both.
(6) The Court trying an offence under sub-section (5) may direct that any antiquity in respect
of which the offence has been committed shall stand forfeited to the Federal Government.
26. Export of antiquities.—(1) No person shall export any antiquity except under a licence
to be granted by the 1[Director-General]
(a) for the temporary export of antiquities for the purpose of exhibition,
examination or treatment for preservation ; or
(b) in accordance with agreements with foreign licences for archaeological
exploration and excavations within the term of their licences ; or
(c) for the export of antiquities which are not of a unique nature in exchange for
antiquities of any foreign country.
(2) All antiquities the export of which is prohibited under sub-section (1) shall be deemed to
be goods of which the export has been prohibited under section 16 of the Customs Act, 1969 (IV of
1969), and all the provisions of that Act shall have effect accordingly, except that the antiquity in
respect of which the provisions of that Act have been contravened shall be confiscated where
confiscation is authorised under that Act.
27. Traffic in movable antiquities.—(1) If the Federal Government apprehends that movable
antiquities in any place in Pakistan are being sold or removed to the detriment of Pakistan, it may, by
notification in the official Gazette, prohibit or restrict the movement of any such antiquity or any class
of such antiquities for such period and between such places in Pakistan as may be specified in the
notification, except with, and in accordance with the terms of, the written permission of the
1
[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 year, or with fine, or with
both.
1
Subs. by the Antiquities (Amdt.) Act, 1992 (21 of 1992), s. 2, for “Director”.
Page 12 of 14
(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 forfeited to the Federal Government.
28. Regulation of mining, quarrying etc.—(1) If the Federal Government is of the opinion
that for the purpose of protecting or preserving any immovable antiquity it is necessary so to do, it
may, by notification in the official Gazette, prohibit or restrict, within such area as may be specified
therein, mining, quarying, excavating. blasting and other operations of a like nature, or the movement
of heavy vehicles, except under and in the accordance with the terms of a licence granted by the
1
[Director-General] and rules, if any, made in this behalf.
(2) Any owner or occupier of land who sustains any loss by reason of any prohibition or
restriction by a notification under sub-section (1) shall be paid reasonable compensation for such loss.
(3) Whoever contravenes the provisions of sub-section (1) shall be punishable with
imprisonment for a term which may extend to one year, or with fine, or with both.
29. Prohibition of archaeological excavation or exploration without licence.—(1) No
person shall make on any land any excavation or exploration for archaeological purposes, or unearth
or attempt to unearth or make any digging in any land or site for taking out antiquities, except under,
and in accordance with, a licence granted by the 1[Director-General].
(2) A licence under sub-section (1) in respect of any land shall not be granted to any person
other than the owner of the land except in accordance with the term of an agreement with the owner,
and any such agreement may provide for
(a) the restriction of the owner's rights in respect of the use and occupation of such
land ;
(b) the compensation or any other consideration to be paid to the owner ; and
(c) any other matter connected with the use of the land for the purpose of such
excavation.
(3) A licence under 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 historical
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 trying 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 Federal Government.
30. Prohibition of making copies of protected antiquities without licence.—No person
shall, for any commercial purpose, make a cinematograph film of any protected antiquity or any part
thereof except under, and in accordance with, a licence granted by the 1[Director-General].
31. Right of access to protected immovable antiquities.—Subject to the provisions of this
Act and the rules, the public shall have a right of access to any immovable protected antiquity
maintained by the Federal Government under this Act.
1
Subs. by the Antiquities (Amdt.) Act, 1992 (21 of 1992), s. 2, for “Director”.
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32. Penalty. A contravention of any provision of this Act or the rules shall, where no
punishment has been specifically provided, be punishable with rigorous imprisonment for a term which
may extend to six months, or with fine which may extend to five thousand rupees, or with both.
1
[33. Jurisdiction to try offence.—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.—2[(1) The 3[Director-General] or any officer duly
empowered by him in this behalf may arrest without warrant any person against whom reasonable
ground to believe that he has committed an offence under sections 5A, 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 officerin‑charge of the nearest police station.
(3) The 3[DirectorGeneral] or the officer arresting any person, or the officer‑in charge of a
police station to whom any person is taken under sub-section (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 3[Director General].—Any antiquity which
is confiscated or forfeited under this Act shall be made over to the 3[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 Federal Government may after previous publication,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules
may provide for
(a) the form and the conditions of any licence granted under this Act ;
(b) regulation of admission of the public to any immovable protected antiquity ;
(c) the levy of fees for the grant of any licence under this Act and for admission of
the public to an immovable protected antiquity ;
(d) the procedure to be followed in arbitrations, the principles to be followed in
apportioning the costs of proceedings before the arbitrator and on appeal, and
the maximum amount of an award against which no appeal shall lie, under
subsection (2) of section 16 ;
(e) such other matters as are or may be required for carrying into effect 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 licence granted under this Act shall be punishable with fine which may
extend to 2[two hundred thousand] rupees.
38. [Repeal] Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981
(XXVII of 1981), s. 3 and Sch., II.
1
Subs. ibid., s. 7, for section 33.
2
Subs. by the Antiquities (Amdt.) Ordinance, 1978 (42 of 1978), s. 3, for section 34.
3
Subs. by the Antiquities (Amdt.) Act, 1992 (21 of 1992), s. 2, for “Director”.
4
Subs. ibid., s. 8 for “five hundred”.
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Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
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