BALOCHISTAN PROVINCIAL ASSEMBLY SECRETARIAT
NOTIFICATION
Dated Quetta, the 6th July, 2010.
No.
PAB/Legis: V (11)/ 20The
Balochistan Cultural Heritage Preservation Bill, 2010 having been passed by the Provincial Assembly
of
Balochistan on 1st July, 2010 and assented to by the Governor,
Balochistan on 5th July, 2010
is hereby published as an Act of the Provincial Assembly.
THE
BAOCHISTAN CULTURE HERITAGE PRESERVATION ACT, 2010
ACT NO X OF 2010
(First
published after having received the assent of the Governor of Balochistan in
the Balochistan Gazette (Extra – ordinary) dated the 5th July, 2010).
AN
ACT
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to make
provision for preservation and protection
of ancient places and objects of architectural, historical,
archaeological, artistic, ethnological, anthropological and national interest
in the Province of Balochistan.
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Preamble.
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WHEREAS it is expedient to preserve and
protect ancient places and object of architectural, historical,
archaeological, artistic, ethnological, anthropological, and national
interest in the province of Balochistan and for the matters connected
therewith or ancillary thereto;
It is
hereby enacted as follows:—
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Short title, extent and
commencement.
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1. (1) This Act may be called the Balochistan
Cultural
Heritage Preservation Act, 2010.
(2) It extends to the whole of Balochistan
except the Tribal Areas.
(3) It shall come into force at once.
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Definitions.
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2. In this
Act, unless there is anything repugnant in the subject or context,—
(a)
“Act” means the Balochistan Cultural Heritage Preservation Act 2010.
(b) “Committee”
means an advisory committee constituted under section 3 of the Act.
(c) “Chairman”
means Chairman of the Committee;
(d) “Government”
means the Government of Balochistan;
(e) “Maintain
and maintenance” means and include the fencing, covering, repairing,
resorting, guarding and keeping clean the Protected Heritage and the
precincts thereof;
(f)
“Member” means a member of the Committee;
(g) “Protected
Heritage” means any premises or objects of archaeological, architectural,
historical, cultural or national value, declared as such by the Government by
a notification in the official gazette, and include the land externally
appurtenance thereto and the outer walls therefore; and
(h) “Owner”
means and includes any person legally competent to act on behalf of the owner
and any manger or trustee exercising the powers of management.
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Advisory Committee.
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3. (1) For
the purpose of this Act there shall be an Advisory Committee consisting of.—
(a) a Chairman;
and
(b) six members:
Provided
that out of six members, three shall be from amongst the architectural
historians, archaeologists, heritage conservators or the scholars of
traditional arts and crafts.
(2) All the members including the Chairman
of the Committee shall be appointed by the Government.
(3) The Chairman or a member of the
Committee, other than an ex-officio member, unless he resigns by addressing a
letter to Government, shall hold office on the pleasure of the Government and
may be removed any time by the Government..
(4) The
Chairman may co-opt any person as a member of the Committee.
(5) An ex-officio member shall cease to be
a member of the Committee, on vacating such office to which he had
appointed in his official capacity.
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Reference to Government on an
issue of historical interest.
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4. If any
question arises whether any premises or objects is of architectural,
historical, archaeological or national value, it shall be referred to the
Government, which shall after consultation with the Committee decide the same
and the decision of Government shall be final.
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Custody preservation
etc, of premises
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5. Where the
Committee receive any information or otherwise came into its knowledge by any
means, of the discovery or existence of any premises or object of architectural,
historical, culture or national value of which there is no owner, it shall,
after satisfying itself as to the correctness of the information or
knowledge, take such steps as may be considered necessary for the custody,
preservation and protection of such premises of object.
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Declaration of
Protected Heritage.
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6. (1) Government may, by notification in the
official Gazette on the recommendation of committee or otherwise declare any
premises of historical, cultural or architectural value to be a Protected
Heritage within the meaning of this Act.
(2) A copy of every notification published
under sub-section (1) shall be published in leading newspapers and fixed up
in a conspicuous place on or near such premises/ object together with an
intimation that any objection on the same may be filed within one month of
the date of notification, where after no objection shall either be received
or taken into consideration.
(3) On the expiry of the said period of one
month, the Government shall after considering the objections, if any, may
confirm or withdraw the notification.
(4) A Notification under this section shall,
unless, and until it is withdraw, be conclusive proof of the fact that the
premises or objects to which it relates, is a Protected Heritage within the
meaning of this Act.
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Acquisition of right or
guardianship of a protected heritage of the Government.
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7. (1) The Committee with the sanction of the
Government may purchase or assume custodianship of any protected heritage.
(2) The committee may accept the gift or
bequest of any protected heritage.
(3) The owner of any protected heritage may, by a written
instrument, may appoint the committee as the guardian of the protected
heritage and the committee may, with the sanction of Government, accept such
guardianship.
(4) When the committee has accepted the
guardianship of a protected heritage under sub-section(3), the owner shall
except as expressly provided in this Act, have the same status, right, title
and interest in the protected heritage or object as if the committee had not
been appointed guardian, thereof.
(5) When the committee has accepted the
guardianship of a protected heritage under sub-section (3), the provision of
this Act relating to agreements executed under section 8 shall apply to the
written instrument executed under the said sub-section.
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Agreement for Preservation of a
Protected Heritage.
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8. (1) The Committee may, with the previous
sanction of the Government propose to the owner for entering into an agreement
with the Government for the preservation of any Protected Heritage.
(2) An agreement under sub-sanction (1) may
provide for the following matters or
for such of them as it may be found expedient to include in the agreement.—
(a) the
maintenance and custody of the Protected Heritage and the duties of any
person who may be employed to watch it;
(b) the
restriction of the owner’s right to destroy, remove, alter or deface the
protected heritage;
(c) the
facilities of access to the public or to any portion of the public and to
persons deputed by the committee to inspect or maintenance the protected
heritage;
(d) the notice
to be given to Government in case the land on which the protected heritage is
situated is offered for sale by the owner; and right to reserve by Government
to purchase such heritage, or any specified portion of such heritage, at its
market value;
(e) the payment
of an expenses incurred by owner or Government in connection with the
preservation of the protected heritage; and
(f) any matter
connected with the preservation of the protected heritage, which is a subject
of agreement between the owner and Government.
(3) The terms of an agreement under this
section may be altered from time to time with the sanction of Government.
(4) Either party may terminate an agreement
under this section on giving three months notice in writing to the other
party.
(5) An agreement under this section shall be
binding on all the persons claiming to be owner of the Protected Heritage to
which it relates, through or under party by whom or on whose behalf the
agreement was executed.
(6) Any right acquired by Government in
respect of expenses incurred for protecting or preserving a Protected
Heritage shall not be affected by the termination of an agreement under this
section.
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Owners under
Disability.
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9. (1) If
the owner is unable by reason of infancy or other disability to act for
himself, the person legally entitled to act on his behalf may exercise the
powers conferred upon as owners under section 8.
(2) If it is apprehended that any person
intends to destroy remove, alter deface or imperil the protected heritage or
to build on or near the site thereof in contravention of the terms of an
agreement for its preservation under section 8, the committee may make an
order prohibiting any such contravention.
(3) If an owner or other person who is bound
by an agreement for the preservation or maintenance of a Protected Heritage
under section, 8 refuse to do any act which is in neglects to do any such act
within such reasonable time as may be fixed by the Committee may authorize
any person to do any such act, and the
expense of doing any such act or such portion of the expense as the owner may
be liable to pay under the agreement may be recovered from the owner as is it
were an arrear of land-revenue.
(4)
A person aggrieved by an order
under this section may appeal to the Government within thirty days from the
date of order; on such appeal the Government may pass orders either to cancel
the same or to modify it; and the decision of the Government thereon shall be
final.
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Application of agreement endowment
to repair of a Protected Heritage.
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10. (1) If any owner or other person competent to
enter into an agreement under section 8 for the preservation of a Protected
Heritage, refuses or fails to enter into such an agreement when proposed to
him by the committee and if any endowment has been created for the purpose of
keeping such heritage in repair, or for that purpose among other, the
Committee may, institute a application in the Court of the District Judge for
the proper application of such endowment or part thereof.
(2) On the hearing 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 party thereof, and any such
order may be excused as if it was the decree of Civil Court.
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Compulsory acquisition of
Protected Heritage.
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11. (1) If
Government apprehends that a Protected Heritage is in danger of being
destroyed, damaged or allowed to fall in to decay, the Government may acquire
the same under the provisions of the Land Acquisition Act, 1894.
(2) The power of acquisition conferred by
sub-section (1) shall not be exercised in the case of.—
(a) a Protected
Heritage or a part of the same, used
periodically for any religious observance; or
(b) a Protected
Heritage, which is the subject of a subsisting agreement executed under
section 8.
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Maintenance of Protected Heritage.
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12. (1) The Committee shall maintain and
preserve every Protected Heritage in respect of which Government has acquired
any of the rights mentioned in section 7 or which the Government has acquired
under section 11.
(2) The Committee may receive voluntary
contributions and donations towards the cost of maintenance of a Protected
Heritage and may give orders as to the management and application of any
funds so received by it:
Provided
that no contribution received under this section shall be applied to any
purpose other than the purpose for which it was contributed.
(3) A Protected Heritage declared under this
Act shall not be used for any purpose inconsistent with its character.
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Relinquishment of Government right
in a Protected Heritage.
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13. Where rights
have been acquired by Government in respect of any Protected Hermitage under
this Act by virtue of any sale, lease, gift or will, the Committee may with
the sanction of Government:
(a) relinquish
the rights so acquired in favour of the person, who for the time being is the
owner of such heritage; or
(b) relinquish
any guardianship of a Protected Heritage, which it was accepted under this
Act.
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Right of access to certain
Protected Heritage
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14. (1) Subject to such rules as may be
prescribed by Government, the public shall have a right of access to any
Protected Heritage maintained by Government under this Act.
(2)
In making any rules under sub-section (1) Government may
provide that a breach of it shall be punishable with fine, which may extend
to five thousand rupees.
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Penalty.
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15. Where any
person including the owner destroys, removes, injures, alters, defaces a
Protected Heritage maintained by Government under this Act or in respect of
which an agreement has been executed under section 8, shall be punishable
with imprisonment for a term which may extend to three years, or with fine
which may extend to one hundred thousand rupees, or with both.
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Overriding effect.
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16. The provision
of this Act shall have effect notwithstanding any thing to the contrary
contained in any other law for the time being in force.
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Rules
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17. The Government
may make rules to carry out the purpose of this Act.
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Indemnity.
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18. No suit or
prosecution or other legal proceedings shall lie against Government, the
Committee, Chairman, member or any Officer of the Committee in respect of
anything done or intended to be done in good faith under this Act or any
rules made there under.
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Secretary
Balochistan Provincial Assembly
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