Antiquities and Treasure Trove Enactment 1977

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 fifty years from present 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 —

For the purposes of deciding whether any object is or is not an antiquity, there shall be established a Museum Committee consisting of —

The decision of the Museum Committee whether any object is or is not an antiquity shall be final.

The Museum Committee may with the approval of the Minister make regulations for the proper discharge of its functions.

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.

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.

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.

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.

Notice of discovery of antiquities.

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

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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.

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.

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.

A District Officer or President receiving notice under sub-section (1) of this section shall communicate the same to the Director.

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 Director who may report the discovery to the Museum Committee.

Compensation for certain antiquities.

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 Director and shall forthwith deliver the same to the Director who shall be responsible for its recording, preservative treatment and after consultation with the Museum Committee, ultimate disposal.

The Director 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

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Enactment had never been enacted.

When any antiquity is retained by the Director there shall, subject to the provisions of section 8 of this Enactment, be paid by the Government ―

Notwithstanding the provisions of section 4 or 6 of this Enactment, the Director 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.

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.

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Compensation for antiquity in place of finding.

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 Director.

No person shall sell or otherwise dispose of any such antiquity within two months of giving the notice to the Director required by subsection (1) of this section, unless the Director shall first have notified such person that the Government does not propose to acquire such antiquity.

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

Director.

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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.

Dispute as to value, price or apportionment.

that the owner of the land where the proposed excavation is to be made has consented to the excavation; and

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

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.

Terms and conditions of licence.

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.

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 —

Any licence to excavate may, on the expiration of the period for which it was granted, be extended by the Director for such further period or periods as he shall deem fit.

Any licence to excavate may, at any time before the expiration of the period for which it was granted, be cancelled by the Director 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.

Any person aggrieved by the decision of the Director 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.

Saving of private rights and immunity of Government.

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.

Neither the Director 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.

The Minister may by order declare any monument to be an ancient monument

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and any site to be a historical site and may determine the limits of such monument or site.

The Director 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.

Acts prohibited in regard to ancient monuments and historical sites.

No person shall without the permission in writing of the Director and except in accordance with such conditions as he may impose in granting such permission —

Where any ancient monument or historical site is on private property, the

Government may ―

The owner or occupier of an ancient monument or historical site shall at all reasonable times permit the Director 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.

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 of such work in any case in which the owner or occupier has

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undertaken to do such work under section 20 of this Enactment.

Duty to keep ancient monument and historical site in good repair.

Where the Director is satisfied that reasonable steps are not being taken for properly preserving the monument or site, he may carry out such repair works, after giving any person appearing to the Director to be the owner of the monument or site two weeks notice of his intention to do so, and all costs and expenses reasonably incurred to carry out the works shall be reimbursed by such person.

The Minister, on the recommendation of the Director, may by order declare any specified area to be an archaeological reserve for the purposes of this Enactment.

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 Director ―

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.

A District Officer or President receiving notice under subsection (1) of this section shall communicate the same to the Director.

Where the Director 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.

Where the Museum Committee decides that the object is an antiquity, the provision of this Enactment relating to antiquities shall thereupon apply.

Where the Museum Committee decides that the object is not an antiquity, the provisions of this Part shall thereupon apply.

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.

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.

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Notification requiring claimants to appear.

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.

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.

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.

Forfeiture of right for failing to appear.

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 ―

The District Officer or the President may adjourn the hearing at any stage for any period and shall record his reasons for such adjournment.

Time to be allowed for suit for claimant.

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.

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.

Subject to such appeal, every such declaration shall be final and conclusive.

When treasure trove vests in Government.

No person shall export any antiquity unless he has obtained a licence to export the same from the Director.

The Director 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.

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 Director may require and shall, if so required by the

Director, deposit any such antiquity with the Director for the purpose of inspection.

No licence to export an antiquity shall be issued to any person unless be proves to the satisfaction of the Director that he is the owner or such antiquity or that he is acting on behalf of and with the authority of such owner.

Production of licence.

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.

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

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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.

Acquisition of antiquity sought to be exported.

Where a complaint is made orally, it shall be reduced into writing and read over to the person making the complaint.

Every complaint, whether in writing or reduced into writing, shall be signed by the person making the complaint.

Every complaint, whether in writing or reduced into writing, shall be entered in a book kept at the office of the Director or recorded on any other medium so long as the information recorded on that other medium capable of being reproduced in legible form.

There shall be appended to every complaint entered or record under subsection

the date and hour on which such complaint was made.

Where an enforcement officer or police officer has reason to suspect the commission of an offence under this Enactment following a complaint made under subsection

or information otherwise received by him, he shall cause an investigation to be made and for such purchase may exercise all the powers of investigation provided for under this

Enactment.

Powers of enforcement officer or police officer in investigation.

Any person who, on being required by an enforcement officer or police officer to give information under this section, refused to comply with such requirement or furnishes as true any information which he knows or has reason to be false commits an offence.

Where any information furnished by a person to an enforcement officer or police officer is proved to be untrue or incorrect in whole or in part, it shall be no defence to allege that the information or any part of the information was misinterpreted, or furnished inadvertently or without criminal or fraudulent intent.

Power to examine persons.

order any person to attend before him for the purpose of being examined orally in relation to any matter which may, in his opinion, assist in the investigation into the offence;

order any person to produce before him any object, material, book, document or any other thing which may, in his opinion, assist in the investigation into the offence; or

by written notice require any person to furnish a statement in writing made on oath or affirmation, setting out in the notice all such information which may be required, being information which, in the opinion of the enforcement officer or police officer, would be of assistance in the investigation into the offence.

A person to whom an order under paragraph (1) (a) has been given shall –

A person to whom an order has been given under paragraph (1) (b) shall not conceal, destroy, alter, remove from or send out of Malaysia, or deal with, expend, or dispose of, any object, material, book, document or other thing specified in the order, or alter or deface any entry in any such book or document, or cause such act to be done, or assist or conspire to do such act.

A person to whom a written notice has been given under paragraph (1) (c) shall, in his written statement made on oath or affirmation, furnish and disclose truthfully all information required under the notice which is within his knowledge, or which is available to him, or which is capable of being obtained by him.

A person to whom an order or a notice is given under subsection (1) shall comply with such order or notice and with the provisions of subsection (2), (3) or (4) in relation to the order or notice, but nothing contained in subsection (2), (3) or (4) shall be construed as compelling the person who is being examined under this section to disclose any information, object, material, book, document or other thing which may incriminate him for any offence under this Enactment or any other written law.

An enforcement officer or police officer examining a person under paragraph (1)

The record of an examination under paragraph (1) (a), or a written statement on oath or affirmation made pursuant to paragraph (1) (c), or any object, material, book,

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document or other thing produced under paragraph (1) (b) or in the course of an examination under paragraph (1) (a) or under a written statement on oath or affirmation made pursuant to paragraph (1) (c) shall, notwithstanding any written law or rule of law to the contrary, be admissible in evidence in any proceedings in any Court for an offence under this Enactment, regardless whether such proceedings are against the person who was examined, or who produced the object, material, book, document or other thing, or who made the written statement on oath or affirmation, or against any other person.

Any person who contravenes subsection (2), (3), (4) or (5) commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand Ringgit or to imprisonment for a term not exceeding two years or to both.

Search by warrant.

A warrant issued under subsection (1) may authorise the enforcement officer or police officer to search the premises for, and to seize and remove from the premises –

An enforcement officer or police officer conducting a search under subsection

may, if in his opinion it is reasonably necessary to do so for the purpose of an investigating the offence, search any person who is in, or on, such premises and detain such person and remove him to such place as may be necessary to facilitate such search.

An enforcement officer or police officer making a search of a person under subsection (3) may seize or take possession of any object, material, book, document or other

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thing found on the person for the purpose of the investigation being carried out by the enforcement officer or police officer.

Where, by reason of their nature, size or amount, it is not practicable to remove any object, material, book, document or other thing seized under this section, the enforcement officer or police officer making the seizure shall, by all means, seal such object, material, book, document or other thing in the premises or container in which they are found.

A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (5) or removes any object, material, book, document or other thing under seal, or attempts to do so commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Whenever it is necessary so to do, an enforcement officer or police officer exercising any powers under subsection (1) may –

enter and search that place or those premises;

stop and search that person, vehicle, vessel or conveyance; and

seize any object, material, book, document or other thing which may be found and may be evidence of the commission of such offence.

Search of persons.

Where anything has been seized under this Enactment, the Director may temporarily return the things seized to the owner thereof or to the person from whose possession, custody or control it was seized, subject to such terms and conditions as the

Director may impose and subject, in any case, to sufficient security being furnished to the satisfaction of the Director that the things seized shall be surrendered to him on demand and that the said terms and conditions, if any, shall be complied with.

Where any seizure is made under this Enactment, an enforcement officer or police officer making the seizure shall prepare a list of every object, material, book, document or other thing seized and of the place in which it is found and shall sign the list.

The list prepared in accordance with subsection (2) shall be served on the owner, or on the person from whom the object, material, book, document or other thing was seized as soon as possible and shall be signed by such owner or person.

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Where the seizure is made in or from any place or premises which is unoccupied, enforcement officer or police officer making the seizure shall whenever possible post a list of the things seized conspicuously at such place or premises.

Power of arrest.

An enforcement officer making an arrest under subsection (1) shall without unnecessary delay make over the person so arrested to the nearest police officer or, in the absence of a police officer, take such person to the nearest police station, and thereafter the person shall be dealt with as is provided for by the law relating to criminal procedure for the time being in force as if he had been arrested by a police officer.

Obstruction of search.

refuses any enforcement officer or police officer access to any premises or any part of such premises, or fails to submit to a search of his person by a person authorised to search him under this Enactment;

assaults, obstructs, hinders or delays and enforcement officer or police officer in the execution of his duty under this Enactment;

fails to comply with any unlawful demand, notice, order or requirement of an enforcement officer or police officer in the execution of his duty under this Enactment;

omits, refuses or neglects to give to an enforcement officer or police officer any information which may reasonably be required of him and which he is empowered to give;

fails to produce to, or conceals or attempts to conceal from, an enforcement officer or police officer any object, material, book, document

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or other thing in relation to which such enforcement officer or police officer has reasonable grounds for suspecting that an offence under this

Enactment has been or is being committed, or which is liable to seizure under this Enactment;

rescues or endeavours to rescue or causes to be rescued any thing which has been duly seized; or

destroys any thing to prevent the seizure or the securing of the thing, commits an offence and shall on conviction be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.

Any person who abets the commission of any offence under subsection (1)

commits an offence and shall on conviction be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.

Admissibility of statements by accused persons.

No statement made under subsection (1) shall be admissible or used as provided for in that subsection if the making of the statement appears to the Court to have been caused by any inducement, threat or promise having reference to the charge against the person, proceeding from a person in authority and sufficient in the opinion of the Court to give that person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to

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the proceedings against him.

Where any person is arrested or is informed that he may be prosecuted for any offence under this Enactment, he shall be served with a notice in writing, which shall be explained to him, to the following effect:

“You have been arrested/informed that you may be prosecuted for ……………….. (the possible offence under this Enactment). Do you wish to say anything? If there is any fact on which you intend to rely in your defence in Court, you are advised to mention it now. If you hold it back till you go to Court, your evidence may be less likely to be delivered and this may have a bad effect on your case in general. If you wish to mention any fact now, and you would like it written down, this will be done.”

Notwithstanding subsection (3), a statement by any person accused of any offence under this Enactment made before there is time to serve a written notice under that subsection shall not be rendered inadmissible in evidence merely by reason of no such written notice having been served on him if such written notice has been served on him as soon as is reasonably possible after the statement was made.

No statement made by an accused in answer to a written notice served on him pursuant to subsection (3) shall be construed as a statement caused by any inducement, threat or promise as is described in subsection (2), if it is otherwise voluntary.

Where in any criminal proceedings against a person for an offence under this

Enactment, evidence is given that the accused, on being informed that he might be prosecuted for it, failed to mention any such fact, being a fact which in the circumstances existing at the time he could reasonably have been expected to mention when so informed, the Court, in determining whether the prosecution has made out a prima facie case against the accused and in determining whether the accused is guilty of the offence charged, may draw such inferences from the failure as appear proper: and the failure may, on the basis of those inferences, be treated as, or as capable of amounting to, corroboration of any evidence

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given against the accused in relation to which the failure is material.

Nothing in subsection (6) shall in any criminal proceedings –