Abdullah Al Arif
In Bangladesh, we have a vast number of archaeological sites and monuments, mostly belonging to the medieval period. Paharpur Buddhist Vihara of Naogaon, Lalbagh Fort of Dhaka, Shait-Gumbad Mosque of Bagherhat, Kantanagar Temple of Dinajpur and the historic city of Sonargaon near Dhaka are the major archeological sites in Bangladesh.
Department of Archeology is the concerned authority for the preservation, presentation and promotion of our glorious cultural heritage. At present the department owns 448 heritage sites. Many of these archeological sites and monuments are at stake due to lack of proper preservation and management.
Legal protection of national heritage
Article 24 of the constitution of Bangladesh says that the state shall adopt measures for the protection against disfigurement, damage or removal of all monuments, objects or places of special artistic or historic importance or interest. We also have the Antiquities Act, 1968 that provides the modes of protection and preservation of things which are part of our national history and heritage.
Antiquity
The law terms the archeological sites and monuments as antiquities. They include:
l Any ancient product of human activity, movable or immovable, illustrative of art, architecture, craft, custom, literature, morals, politics, religion, warfare, science or of any aspect of civilisation or culture
l Any ancient object or site of historical, ethnographical, anthropological, military or scientific interest
l Any other ancient object or class of such objects declared as an antiquity by the government.
Immovable antiquity
Immoveable antiquity means an antiquity of any of the following descriptions:
l Any archaeological deposits on land or under water
l Any archaeological mound, tumulus, burial place or place of interment, or any ancient garden, structure, building, erection or other work of historical, archaeological, military or scientific interest
l 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 any gate, door, window, panelling dados, ceiling, inscription, wall-painting, wood work, iron work or sculpture or other thing which is attached or fastened to an immovable antiquity
Advisory committee
The law provides for an advisory committee to be constituted by the government consisting of a director, who shall also be its chairman, two members of parliament and three other persons having special knowledge of antiquities.
Dispute as to whether any product is an antiquity
If any question arises whether any product, object or site is an antiquity within the meaning of the law, it shall be referred to the government and the government shall decide the question after consultation with the advisory committee.
Custody, preservation of ownerless antiquity
Where the director has any information on the discovery or existence of an antiquity of which there is no owner, she/he shall take such necessary steps for the safe custody, preservation and protection of the antiquity.
Penalty for counterfeiting of antiquity
If any person counterfeits, or commits forgery in respect of any antiquity with intent to commit fraud shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.
Dealing in antiquities
No person shall deal in antiquities except under and in accordance with a licence granted by the director and every dealer shall maintain a register in such manner and form as the director may prescribe from time to time. Any persons contravening this provision shall be punishable with imprisonment which may extend to six months, or with fine, or with both.
Export of antiquity
No person shall export any antiquity except under a licence granted by the director for the temporary export of antiquities for the purpose of exhibition, examination or treatment for preservation. One can export antiquities in accordance with agreement with foreign licensees for archaeological exploration and excavations within the term of their licences. Moreover, the director may give licence for the export of antiquities which are not of a unique nature in exchange for antiquities of any foreign country.
All antiquities the export of which is prohibited under the law shall be deemed to be goods of which the export has been prohibited under section 16 of the Customs Act, 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.
Prohibition of movement of antiquity
No person shall transport an antiquity from one place in Bangladesh to another with the object of exporting it in contravention of the law. Whoever violates the provision shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.
Prohibition of archaeological excavation without licence
No person shall make any excavation on any land for archaeological purposes except under and in accordance with a licence granted by the director.
A licence under this provision, in respect of any land shall not be granted to any person other than the owner of the land except in accordance with the terms of an agreement with the owner. Any such agreement may contain the following terms and conditions:
l The restriction of the owner's rights in respect of the use and occupation of such land
l The compensation or any other consideration to be paid to the owner
l Any other matter connected with the use of the land for the purpose of such excavation
A licence under this provision 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. Whoever contravenes the provisions shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
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 director.
Right of access to protected immovable antiquities
Subject to the provisions of this Act the public shall have a right of access to any immovable antiquity maintained by the government.
Source:
http://www.dhakatribune.com/juris/2014/mar/13/preserving-our-national-heritage#sthash.0nFIgb7W.dpuf
