THE ANTIQUITIES (EXPORT CONTROL) ACT, 1947
ACT No. XXXI of 1947
( For Statement of Objects and Reasons, see Gazette of India, 1947, Pt. V, p. 372.
The Act has been applied to Baluchistan, see Ibid., Pt. I, p. 860.
It has been extended to the Leased Areas of Baluchistan by the Leased Areas (Laws) Order, 1950 (G. G. O. 3 of 1950).)
[18th April, 1947]
An Act to control the export of antiquities
WHEREAS it is expedient to make better provision for control ling the export of objects of antiquarian or historical interest or significance ;
It is hereby enacted as follows:-----
1. Short title and extent-----‑(1) This Act may be called the Antiquities (Export Control) Act, 1947.
[(2) It extends to the whole of Pakistan(Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for the original subsection (2), as amended by A. O., 1949.)
**2. Interpretation------**In this Act, unless there is anything repugnant in the subject or context,‑
(a) "antiquity" includes‑
(i) any coin, sculpture, manuscript, epigraph, or other work of art or craftsmanship,
(ii) any article, object or thing detached from a build ing or cave,
(iii) any article, object or thing illustrative of science, art, crafts, literature, religion, customs, morals or politics in bygone ages,
(iv) any article, object or thing declared by the Central Government by notification in the official Gazette to be an antiquity for the purposes of this Act,‑
which has been in existence for not less than one hundred years;
(b) "export" means export from (Subs. by Ordinance 21 of 1960; s. 3 and 2^nd^ Sch. (with effect from the 14th October, 1955), for "the Provinces and the Capital of the Federation" " which had been subs. by A. O.,1949, for "British India".)[Pakistan] by sea, land or air.
**3. Prohibition of expert-----**No person shall export any antiquity except under the authority of a licence granted by the Central Government.
**4. Application of Act VIII of 1978------**All antiquities the export of which is prohibited under section 3 shall be deemed to be goods of which the export has been prohibited under section 19 of the Sea Customs Act, 1878, and all the provisions of that Act shall have effect accordingly, except that, the provisions of section 183 of that Act notwithstanding, any confiscation authorised under that Act shall be made, unless the Central Government, on application to it in such behalf, otherwise directs. VIII of 1878.
5. Penalty and procedure-----(1) If any person exports or attempts to export an an tiquity in contravention of section 3, he shall, without prejudice to any confiscation or penalty to which he may be liable under the provisions of the Sea Customs Act, 1878 as applied by section 4, be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both.
(2) No Court shall take cognizance of an offence punishable under this section except upon complaint in writing made by an officer generally or specially authorised in this behalf by the Cen tral Government, and no Court inferior to that of (The words "a Presidency Magistrate or" rep. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 3 and 2nd Sch.)* * * a Magistrate of the first class shall try any such offence.
6. Power to determine whether or not an article is an antiquity----- If any question arises whether any article, object or thing is or is not an antiquity for the purposes of this Act, it shall be referred to (Subs. ibid., s. 4 and 3rd Sch., for "the Director General of Archaeology in India".)[the Director of Archaeology in Pakistan], and his decision thereon shall be final.
7. Power to make rules ---- ‑(1) The Central Government may, by notification in the official Gazette, make rules (For such rules, see Gazette of Pakistan, 1948, Pt. I, p. 154,) to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe the procedure for granting licences for the export of antiquities, and fix the fees payable on applications therefor.
**8. Protection of action taken under this Act----**No suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act.
**9. Application of other laws not barred----**The provisions of this Act shall be in addition to, and not in derogation of, the provisions of the Ancient Monuments Preservation Act, 1904, or any other law for the time being in force. VII of 1904