STATE OF SABAH
ANTIQUITIES AND TREASURE TROVE ENACTMENT 1977
An Enactment to provide for the control and preservation of ancient and historical monuments, archeological sites and remains, antiquities and other cultural properties of national interest; to regulate the dealing and export of antiquities and other cultural properties of national interest; to regulate matters connected with research into antiquities and archeological sites; to regulate the law relating to treasure trove; and for matters connected therewith.
[30 September 1977]
ENACTED by the Legislature of the State of Sabah as follows:
PART I
PRELIMINARY
1. Short title.
This Enactment may be cited as the Antiquities and Treasure Trove Enactment 1977.
2. Interpretation.
(1) In this Enactment, unless the context otherwise requires —
“ancient monument” means any monument in the State which dates or may reasonably be
believed to date from a period prior to the first day of January 1920 and includes any other monument which has been declared in accordance with the provisions of section 18 of this Enactment to be an ancient monument for the purposes of this Enactment;
“antiquity” means —
(a) any object movable or immovable or any part of the soil or of the bed of a river or lake or of the sea, which has been or may have reasonably believed to be, constructed, shaped, inscribed, erected, excavated or otherwise produced or modified by human
agency at any date prior to or reasonably believed to be prior to January 1st 1920; and
(b) any part of any such object which has at any later date been added thereto or reconstructed or restored; and
(c) any human, plant or animal remains which date or may reasonably be believed to date from a period prior to January 1st 1920; and
(d) any ancient monument:
provided that no object or remains —
(i) which has been imported into the State on or after the commencement of this Enactment; or
(ii) to which no public interest of a local or national, historical, traditional, artistic, archaeological or other scientific character is attached, shall be deemed to be an antiquity for the purposes of this Enactment;
“archaeological reserve” means land which has, under the provisions of any law relating to land, been reserved for a public purpose, that is to say for the preservation or excavation of archaeological remains;
“Curator” means the Curator of the Sabah Museum;
“export” means to export from Sabah;
“Government” means the Government of the State of Sabah;
“historical site” means a site which has been declared in accordance with the provisions of section 18 of this Enactment to be a historical site;
“Minister” means the Minister for the time being responsible for matters relating to the Sabah Museum;
“monument” means any temple, church, building, monument, fort, earthwork, standing stone, keramat, cave or other structure, erection or excavation, and any tomb, tumulus or other place of internment or any other immovable property of a like nature or any part of remains of the same, the preservation of which is a matter of public interest, traditional or archaeological interest attaching thereto, and includes the site of any monument and such portion of land adjoining such site as may be required for fencing or covering in or otherwise preserving any monument and the means of access thereto;
“occupier” shall have the same meaning as in the Local Government Ordinance
1961;
“owner” in relation to any land shall have the same meaning as in the Local Government Ordinance 1961;
“President” shall have the same meaning as in the Local Government Ordinance 1961;
“State” means the State of Sabah; and
“treasure trove” means any money, coin, gold, silver, plate, bullion, jewellery, precious stones or any object or article of value found hidden in, or in anything affixed to, the soil or the bed of a river or of the sea, the owner of which is unknown or cannot be found, but shall not include any antiquity.
3. Museum Committee.
(1) For the purposes of deciding whether any object is or is not an antiquity, there shall be established a Museum Committee consisting of—
(a) the Permanent Secretary to the Ministry of Culture, Youth and Sports, who shall be the Chairman of the Museum Committee;
(b) the Curator, who shall be Secretary to the Museum Committee;
(c) four members, one of whom shall be the District Officer of the District or the President of the Municipality in which any object in question is situated and the other three of whom shall be nominated by the Minister after consultation with the Curator.
(2) The decision of the Museum Committee whether any object is or is not an antiquity shall be final.
(3) The Museum Committee may with the approval of the Minister make regulations for the proper discharge of its functions.
PART II
DISCOVERY OF, AND PROPERTY IN ANTIQUITIES
4. Property in antiquities.
(1) Subject to the provisions of this Enactment, every antiquity other than antiquities declared to be federal under federal law discovered in the State on or after the date of the coming into force of this Enactment shall be the absolute property of the Government.
(2) Every ancient monument which on the date of the coming into force of this Enactment is not owned by any person or the control of which is not vested in any person as a trustee or manager or is not declared federal under federal law, shall be deemed to be the absolute property of the Government.
(3) All undiscovered antiquities, other than ancient monuments or those antiquities declared federal under federal law, whether lying on or hidden beneath the surface of the ground or in any river or lake or in the sea, shall be deemed to be the absolute property of the Government.
(4) In any legal proceedings relating to an antiquity, it shall be presumed until the contrary is proved that such antiquity was discovered after the date of the coming into force of this Enactment.
5. Notice of discovery of antiquities.
(1) Any person who discovers any object or monument which he has reason to believe to be an antiquity or ancient monument shall forthwith give notice of his discovery to the Native Chief or Headman of the area or to the District Officer of the District or the President of the Municipality wherein the antiquity was discovered, and if it is practicable so to do, shall deliver the antiquity to the District Officer or the President who shall give a receipt therefor.
(2) A Native Chief or Headman receiving notice as in subsection (1) of this section shall inform the District Officer of the District or the President of the Municipality wherein the antiquity was discovered.
(3) If a District Officer or President has reason to believe that any object discovered in his District or Municipality is an antiquity, he may by notice in writing require the person having possession thereof, if it is practicable so to do, to deliver the same forthwith to a District Officer or President, and such District Officer or President on delivery to him of such object shall give a receipt therefor.
(4) A District Officer or President receiving notice under sub-section (1) of this section shall communicate the same to the Curator.
(5) Where any object has been delivered to a District Officer or President under the provisions of subsection (1) or (3) of this section or where the District Officer or the President has reason to believe that any object or monument discovered in his District or Municipality is antiquity, such District Officer or President shall forthwith give notice thereof to the Curator who may report the discovery to the Museum Committee.
6. Compensation for certain antiquities.
(1) On the discovery of any antiquity other than an ancient monument, a District Officer or President shall be entitled to the custody and possession of the same on behalf of the Curator and shall forthwith deliver the same to the Curator who shall be responsible for its recording, preservative treatment and after consultation with the Museum Committee, ultimate disposal.
(2) The Curator may decide not to retain such antiquity and the same shall then be returned to the person who delivered up possession thereof to the District Officer or the President and thereupon the property in such antiquity shall be deemed to have been transferred to the person to whom such antiquity would have belonged if section 4 of this Enactment had never been enacted.
(3) When any antiquity is retained by the Curator there shall, subject to the provisions of section 8 of this Enactment, be paid by the Government —
(a) one-half of the market value of the antiquity to the finder thereof and one-half of such value to the owner of the land in/or on which the same was discovered, or, where the same person is both the finder of the same and the owner of such land, the whole of such value to such person; or
(b) where the antiquity is found in or on State land, on land reserved for any public purpose or in any forest reserve by any person (other than a person acting under authority in the discharge of any function or duty under this Enactment) one-half of the market value of the same to the finder thereof:
Provided that on the retention of any antiquity no such payment as aforesaid shall be made to the finder thereof where the finder has failed to report the discovery of the same in accordance with the provisions of section 5 of this Enactment.
7. Apportionment of antiquities.
(1) Notwithstanding the provisions of section 4 or 6 of this Enactment, the Curator may enter into an agreement in writing with any person who would under the provisions of the said
section be entitled to the market value of such antiquity or any part thereof, whereby such person shall receive from the Government, in place of such value or part thereof, a share of such antiquity to be apportioned in such manner as may be provided in the said agreement.
(2) Every agreement under subsection (1) of this section shall have force and effect notwithstanding anything in section 6 of this Enactment:
Provided that where the finder of any antiquity does not report the discovery thereof in accordance with the provisions of section 5 of this Enactment, he shall not be entitled to receive any share of such antiquity under any such agreement.
8. Compensation for antiquity in place of finding.
If the Curator is of the opinion that the antiquity shall be preserved in the place where it was found, then only such compensation as the Curator shall determine shall be paid to the finder thereof.
9. Reward for certain antiquities.
In any case where the Curator has retained any antiquity in accordance with the provisions of this Enactment, and the amount payable to the finder or to the owner of the land under section 6 of this Enactment would not, in the opinion of the Curator, be adequate and such finder or owner as the case may be consents thereto, the Curator may in his discretion pay to such finder or owner a reward of such sum of money as he may think fit not exceeding one thousand ringgit in place of any payment payable under section 6 of this Enactment:
Provided that no such reward shall be paid to the finder where the finder has failed to report the discovery of the same in accordance of the provisions of section 5 of this Enactment.
10. Sale or disposal of antiquities.
(1) The Minister may by notice in writing require any person in possession of an antiquity or lawfully entitled to sell or dispose of the same not to sell or otherwise dispose of such antiquity without giving notice of any such proposed transaction to the Curator.
(2) No person shall sell or otherwise dispose of any such antiquity within two months of giving the notice to the Curator required by subsection (1) of this section, unless the Curator shall first have notified such person that the Government does not propose to acquire such antiquity.
(3) In any case where the Government proposes to acquire such antiquity, the Government shall offer to the owner thereof the market value of such antiquity, and, notwithstanding any agreement which the owner may have entered into with any other person, the owner may accept such offer and shall thereupon deliver up the antiquity to the Curator.
(4) Where the owner of an antiquity refuses an offer made under subsection (3) of this section, such owner shall not sell or otherwise dispose of such antiquity to any other person.
11. Dispute as to value, price or apportionment.
Where there is any dispute between the Curator and any person as to the market value of, or a reasonable price for, any antiquity or as to the apportionment of any antiquity in terms of an agreement under section 7 of this Enactment, such dispute shall be submitted to a Magistrate of the First Class.
PART III
EXCAVATION
12. No excavation except upon licence.
Subject as hereinafter provided, no person shall excavate for the purpose of discovering antiquities, whether on land of which he is the owner or occupier or otherwise, except under the authority of a licence issued by the Curator:
Provided that nothing in this section shall apply to any excavation carried out by or on behalf of the Curator.
13. Application for licence to excavate.
Every application for a licence to excavate shall be made to the Curator, and shall contain a full and accurate description of the land on which it is proposed to carry out the excavation, the nature and extent of the proposed excavation, and such other particulars as may be prescribed.
14. Grant or refusal of licence to excavate.
The Curator may in his discretion grant or refuse any application for a licence to excavate
Provided that no such licence shall be granted unless the Curator is satisfied after such enquiry
as he may deem necessary —
(a) that the owner of the land where the proposed excavation is to be made has consented to the excavation; and
(b) that the proposed excavation will not cause any damage or inconvenience to persons residing in the vicinity of such land or to any place used for religious purposes, or to any cemetery, school, water source or supply, irrigation or drainage works or public road, or that if any such damage is likely to be caused, adequate provision has been made by the applicant for the payment of compensation thereof; and
(c) that the applicant is able to furnish security for the due observance by him of the provisions of this Enactment or any rule made thereunder, and of any conditions subject to which the licence may be issued.
15. Terms and conditions of licence.
(1) A licence issued under section 14 of this Enactment shall be granted for such period (subject to the provisions of section 16 of this Enactment) and subject to such conditions as may be specified therein.
(2) In addition to any other conditions which may be either prescribed generally or specified in any particular case, every licence under the provisions of section 14 of this Enactment shall be subject to the following conditions —
(a) the holder of the licence shall take all reasonable measures for the preservation of
the antiquities discovered by him;
(b) the holder of the licence shall carry out his excavations in a scientific manner and to the satisfaction of the Curator;
(c) the holder of the licence shall keep a record of all antiquities discovered in the course of the excavation;
(d) the holder of the licence shall, within a reasonable time, deposit with the Curator such photographs, casts, squeezes or other reproductions of any antiquity apportioned to him in accordance with the provisions of section 7 of this Enactment as the Curator may require;
(e) the holder of the licence shall furnish such plans and photographs of his excavations as the Curator may require.
16. Extension and cancellation of licence.
(1) Any licence to excavate may, on the expiration of the period for which it was granted, be extended by the Curator for such further period or periods as he shall deem fit.
(2) Any licence to excavate may, at any time before the expiration of the period for which it was granted, be cancelled by the Curator and the holder thereof shall not be entitled to claim compensation for any loss or damage suffered or alleged to have been suffered by him by reason of such cancellation.
(3) Any person aggrieved by the decision of the Curator to specify any condition in any licence or to refuse or to cancel any licence under this Part may appeal to the Minister, whose decision shall be final.
17. Saving of private rights and immunity of Government.
(1) Nothing contained in this Part shall be deemed to authorise the infringement of any private right or the contravention of any written law in force in the State.
(2) Neither the Curator nor the Government shall incur any liability in respect of any loss sustained by any person or any damage caused to any person in the course of or as a result of any excavation carried on under the authority of a licence granted under this Part by reason merely of the grant of such licence.
PART IV
ANCIENT MONUMENTS AND HISTORICAL SITES.
18. Declaration and schedule of ancient monuments and historical sites.
(1) The Minister may by order declare any monument to be an ancient monument and any site to be a historical site and may determine the limits of such monument or site.
(2) The Curator may publish in the Gazette a schedule of ancient monuments and historical sites together with the limits thereof and may from time to time add to or amend such schedule.
19. Acts prohibited in regard to ancient monuments and historical sites.
(1) No person shall without the permission in writing of the Curator and except in accordance with such conditions as he may impose in granting such permission —
(a) dig, excavate, build, plant trees, quarry, irrigate, burn lime or do similar work, or establish or extend a cemetery, or deposit earth or refuse on or in the immediate neighbourhood of an ancient monument or a historical site; or
(b) demolish an ancient monument or disturb, obstruct, modify, mark, pull down or remove any monument or any part thereof; or
(c) make alterations, additions, or repairs to any ancient monument; or
(d) erect building or walls abutting upon an ancient monument.
20. Care of ancient monuments and historical sites.
(1) Where any ancient monument or historical site is on private property, the Government may
(a) make arrangements with the owner or occupier thereof for its preservation, inspection and maintenance and for such purpose make a contribution towards the cost of carrying out any works of repair or conservation which it deems necessary and which the owner or occupier may be willing to undertake:
Provided that where such a contribution towards the cost of carrying out such works is made, such works shall be carried out in accordance with such directions as the Curator may give; or
(b) acquire the site in accordance with the provision of any written law relating to the acquisition of land for a public purpose for the time being in force in the State; or
(c) in the case of an ancient monument, remove the whole or any part thereof making good any damage done to the site or to buildings thereon by such removal and paying compensation therefor:
Provided that the amount of such compensation shall be fixed by agreement, or in the case of dispute, shall be submitted to a Magistrate of the First Class.
21. Inspection of ancient monuments and historical sites.
(1) The owner or occupier of an ancient monument or historical site shall at all reasonable times permit the Curator or any person or officer authorised by him, either generally or specifically in that behalf, to enter upon the site for inspection or to carry out any study or work necessary for the restoration, repair alteration, maintenance or conservation hereof as to him may seem expedient or necessary:
Provided that the liability imposed by this section shall arise only if such owner or occupier shall have received not less than seven days’ notice in writing of the proposed entry:
Provided further that if any person objects to such entry or to the execution of any such works on conscientious or religious grounds, such entry or works shall not be effected or executed without the permission in writing first obtained from the Chief Minister.
(2) No such owner or occupier shall be entitled to claim compensation for any loss or damage suffered or alleged to have been suffered by him by reason of the execution of such work
or any part oi sucn work in any case in wnicn me owner or occupier nas unaertaen to do such work under section 20 of this Enactment.
PART V
ARCHAEOLOGICAL RESERVES
22. Activities forbidden except under licence.
(1) The Minister, on the recommendation of the Curator, may by order declare any specified area to be an archaeological reserve for the purposes of this Enactment.
(2) When any land has, under the provisions of this section or of any law relating to land, been reserved for a public purpose, that is to say for the preservation of archaeological remains, no person shall, except under licence issued by the Curator —
(a) clear or break up for cultivation or cultivate any part of an archaeological reserve; or
(b) erect any building or structure upon any such reserve; or
(c) fell or otherwise destroy any tree standing on any such reserve; or
(d) otherwise encroach on any such reserve.
PART VI
TREASURE TROVE
23. Notice of discovery of treasure trove.
(1) Any person who discovers any treasure trove shall, except in any case in which he has already given notice of his discovery and delivered up the objects so discovered under the provision of section 5 of this Enactment, forthwith give notice of such discovery to the District Officer of the District or the President of the Municipality wherein the treasure trove was discovered and shall deliver the treasure trove to such District Officer or President who shall give a receipt therefor.
(2) A District Officer or President receiving notice under subsection (1) of this section shall communicate the same to the Curator.
(3) Where the Curator has reason to believe that any object delivered up under this section is an antiquity, he shall report the matter to the Museum Committee for its decision.
(4) Where the Museum Committee decides that the object is an antiquity, the provision of this Enactment relating to antiquities shall thereupon apply.
(5) Where the Museum Committee decides that the object is not an antiquity, the provisions of this Part shall thereupon apply.
(6) If a District Officer or President has reason to believe that any treasure trove has been discovered in his District or Municipality and the discovery of the same has not been notified to him under any of the provisions of this Enactment, he shall by notice in writing require the finder or suspected finder thereof to appear personally before him on a day and
at a place mentioned and to deliver up to him all such treasure trove or suspected treasure trove.
(7) Any person receiving a notice under subsection (6) of this section shall, if it is practicable so to do, deliver such treasure trove or suspected treasure trove to the District Officer or the President, who shall give a receipt therefor.
24. Notification requiring claimants to appear.
(1) On receiving a notice under subsection (1) of section 23 of this Enactment or where any such treasure trove or suspected treasure trove has been delivered to him under subsection (7) of section 23 of this Enactment, the District Officer or the President shall cause a notice to be published in the Gazette in two successive issues requiring all persons claiming the treasure trove or any part thereof to appear personally or by agent before the District Officer or the President on a day and at a place therein mentioned such day not being earlier than two months or later than three months after the date of first publication of such notification in the Gazette.
(2) Such notice shall be posted at the office of the District Officer or the President and at the place where such treasure trove was found.
(3) Where the owner or occupier of the place in which the treasure trove appears to the District Officer or the President to have been discovered was at the date of discovery some person other than the finder, the District Officer or the President shall also serve on such person a notice in writing to the same effect.
25. Forfeiture of right for failing to appear.
Any person having any right, howsoever arising to such treasure trove or any part thereof, and wilfully failing to appear as required by the notice issued under section 24 of this Enactment, shall forfeit such right.
26. Matters to be enquired into.
(1) On the day and at the place notified under section 24 of this Enactment, the District Officer or the President shall cause the treasure trove to be produced before him and shall enquire as to and determine —
(a) whether any object or article is treasure trove;
(b) the person by whom, the place in which, and the circumstances under which, such treasure trove was discovered; and
(c) as far as possible, the person by whom, and the circumstances under which such treasure trove was hidden.
(2) The District Officer or the President may adjourn the hearing at any stage for any period and shall record his reasons for such adjournment.
27. Time to be allowed for suit for claimant.
If upon an enquiry made under section 26 of this Enactment the District Officer or the President
has reason to believe that the treasure trove was hidden within fifty years before the date of its discovery, and that a person appearing as required by the said notice and claiming such treasure trove or by some other person under which such person claims, the District Officer or the President shall make an order adjourning the hearing of the case for such period as he deems sufficient to allow of a suit being instituted in a court of competent jurisdiction by the claimant to establish his right.
28. When treasure trove may be ownerless.
(1) If upon such enquiry the District Officer or the President sees no reason to believe that the treasure trove was hidden within fifty years before the date of its discovery, or if, where a period is fixed under section 27 of this Enactment, no suit is, to the knowledge of the District Officer or the President, instituted within such period as aforesaid, or if such suit is instituted within such period and the claim is finally rejected, the District Officer or the President may declare the treasure trove to be ownerless.
(2) Any person aggrieved by a declaration made under subsection (1) of this section may appeal against the same within two months from the date thereof to the High Court.
(3) Subject to such appeal, every such declaration shall be final and conclusive.
29. When treasure trove vests in Government.
When a declaration has been made in respect of any treasure trove under section 28 of this Enactment, such treasure trove shall vest in and belong to the Government.
30. Rewards to finder and owner.
The Government may in its discretion pay as a reward to the finder of any treasure trove and to the owner of any land in which it was found such sums as it may think fit.
PART VII
EXPORT OF ANTIQUITIES
31. Prohibition of export except on licence.
(1) No person shall export any antiquity unless he has obtained a licence to export the same from the Curator.
(2) The Curator shall not issue a licence if in his opinion the antiquity is of lasting national importance or interest and should be acquired on behalf of the Government or for any other reason it is not desirable in the public interest that such antiquity should be exported.
(3) An applicant for a licence to export any antiquity shall submit a list of the antiquities sought to be exported, shall declare the value thereof and furnish any other particulars in regard thereto which the Curator may require and shall, if so required by the Curator, deposit any such antiquity with the Curator for the purpose of inspection.
(4) No licence to export an antiquity shall be issued to any person unless be proves to the satisfaction of the Curator that he is the owner or such antiquity or that he is acting on behalf of and with the authority of such owner.
32. Production of licence.
A licence to export shall be produced by the holder to the Curator or the proper officer of customs on demand.
33. Power to prohibit export of antiquities.
(1) Where the issue of a licence to export an antiquity is refused on the grounds set out in subsection (4) of section 31 of this Enactment, any person aggrieved by such refusal may appeal to the High Court within one month of receiving notice of such refusal.
(2) Where the issue of a licence to export an antiquity is refused on the ground that such antiquity ought to be acquired on behalf of the Government or on the ground of public interest, any person aggrieved thereby may within one month of the receipt of notice of such refusal, appeal to the Minister whose decision shall be final.
34. Acquisition of antiquity sought to be exported.
Where a licence to export any antiquity has been refused on the ground that such antiquity should be acquired on behalf of the Government, the Government shall offer to the owner thereof the market value of such antiquity, and if the owner accepts such offer, he shall deliver up the antiquity to the Curator.
PART VIII
POWERS OF THE CURATOR
35. Powers of Curator and authorised officer.
The Curator or any officer authorised by him in writing for that purpose may at all reasonable times inspect any antiquity or treasure trove in the possession of any person; and it shall be the duty of every such person to permit such inspection and further to give the Curator or such officer all reasonable facilities to examine such antiquity or treasure trove and to make drawings, photographs, squeezes or reproduction thereof by the making of casts or by any other means:
Provided that no such drawings, photographs, squeezes or reproduction shall be sold without the consent of the person in possession of the antiquity or treasure trove:
Provided further that if such person object to such inspection on conscientious or religious grounds the Curator or officer authorised by the Curator shall not make such inspection unless with the permission in writing first obtained from the Chief Minister.
36. Delegation of powers.
The Curator may generally or specially authorise the exercise, performance or discharge of any of his powers, duties or functions under this Enactment or any regulations or rules made thereunder by any other officer.
PART IX
MISCELLANEOUS
37. Authorisation of sale of antiquities.
(1) The Government may sell any antiquity which is the property of the Government.
(2) Where any antiquity is sold under the provisions of subsection (1) of this section by the Government to any person then, unless it is otherwise expressly agreed in writing between the parties to such sale, the provisions of section 10 of this Enactment shall cease to apply to such antiquity and a licence to export such antiquity shall, if requested, be granted to the owner in respect of such antiquity.
38. Loans or exchanges of antiquities.
(1) The Curator may make loans or exchanges of any antiquities which are the property of the Government to or with learned societies or museums or with any expert specialist and may authorise the export of the same for such purposes.
(2) Any agreement for a loan under the preceding subsection shall contain adequate provisions for the preservation, insurance and, if the Curator considers necessary, the return to the Government of the antiquities.
39. Dealers.
No person shall deal in antiquities unless he is in possession of a dealer’s licence granted by the Curator.
PART X
PENALTIES
40. Penalties.
(1) Any person who, being the finder of any antiquity or treasure trove, fails to report the same or to deliver up the same or to state the circumstances of the discovery or origin of the same, or wilfully makes a false report of such circumstances of such origin, shall be guilty of an offence and liable to imprisonment for one year or to a fine of two thousand ringgit or to both such imprisonment and such fine.
(2) Any person who sells or otherwise dispose of any antiquity contrary to section 10 of this Enactment shall be guilty of an offence and liable to imprisonment for six months or to a fine of one thousand ringgit or three times the market value of the antiquity, whichever is the greater, or to both such imprisonment and such fine.
(3) Any person, not being the holder of a licence to excavate granted under section 14 of this Enactment, who wilfully or negligently digs for antiquities or demolishes or damages any ancient monument, whether above or below the ground, even though the acts are done upon land of which he is the owner, shall be guilty of an offence and liable to imprisonment for three months or to a fine of five hundred ringgit or to both such imprisonment and such
fine.
(4) Any person, being the holder of a licence to excavate granted under section 14 of this Enactment, who fails to comply with any of the conditions specified in such licence shall be guilty of an offence and liable to a fine of five hundred ringgit.
(5) Any person who contravenes any of the provisions of sections 19, 21 or 22 of this Enactment shall be guilty of an offence and liable to imprisonment for three months or to a fine of five hundred ringgit or to both such imprisonment and such fine.
(6) Any person who, not being the holder of a licence to export granted under section 31 of this Enactment, exports or attempts to export any antiquity shall be guilty of an offence and liable to imprisonment for three months or to a fine of five hundred ringgit or to both such imprisonment and such fine.
(7) Any person who exports or attempts to export any antiquity in respect of which a licence to export has been refused in accordance with the provisions of section 30 of this Enactment shall be guilty of an offence and liable to imprisonment for one year or to a fine of two thousand ringgit or to both such imprisonment and such fine.
(8) Any person who fails to give reasonable facilities to the Curator, or any officer authorised by the Curator, to inspect, study, make drawings, photographs, squeezes or other reproductions of any antiquity or to enter and carry out any necessary work for the restoration, repair, alteration, maintenance or conservation of any ancient monument or historical site, where the duty to give such facilities is imposed by this Enactment, shall be guilty of an offence and liable to a fine of five hundred ringgit.
(9) Any person who maliciously or negligently destroys, injures, defaces, displaces, disturbs or disfigures any antiquity shall be guilty of an offence and liable to imprisonment for one year or a fine of two thousand ringgit or to both such imprisonment and such fine.
(10) Any person who wilfully deceives or attempts to deceive any public officer acting in the course of his duty by any description, statement or other indication as to the genuineness or age of any antiquity or object of archeological interest shall be guilty of an offence and liable to imprisonment for one year or to a fine of two thousand ringgit or to both such imprisonment and such fine.
(11) Any person, not being the holder of a licence issued under section 39 of this Enactment, who deals in antiquities shall be guilty of an offence and liable to a fine of five hundred ringgit.
41. Forfeiture on conviction.
(1) Any person who is convicted of an offence under this Enactment in respect of any antiquity or treasure trove shall by virtue of such conviction forfeit all claim to or interest in the same or the value thereof or any reward in connection with the finding thereof, and in any such
case the Court may order the antiquity or treasure trove to be delivered up to the Curator and where the Court makes such order it shall be the duty of any person in whose possession the antiquity or treasure trove may be, to deliver it up accordingly.
(2) The Minister may order any antiquity or treasure trove forfeited under the provisions of this section to be delivered to the owner or other person entitled thereto or returned to the finder, as the case may be, upon such terms and conditions, as he may deem fit.
PART XI
RULES
42. Rules.
The Minister may make rules for the purpose of carrying out or giving effect to the provisions of
this Enactment, and, without prejudice to the generality of the foregoing, may make rules —
(a) prescribing the conditions and restrictions (including the payment and amount of a fee) subject to which any licence or permit under this Enactment may be granted or issued;
(b) prescribing the conditions and restrictions (including the payment and amount of a fee) subject to which members of the public may have access to any ancient monuments on State land; and
(c) prescribing a penalty of a fine not exceeding five hundred ringgit for the contravention or failure to comply with any of the provisions of any rule made under this section or with the restrictions or conditions of any licence or permit granted under any such rules.
B
