Malaysia legislation

Section 40

of Antiquities and Treasure Trove Enactment 1977

Section 40

(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, commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment not exceeding five years or to both.

(2)

Any person who sells or otherwise dispose of any antiquity contrary to section l0

of this Enactment commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or ten times the market value of the antiquity, whichever is the greater, or to imprisonment not exceeding five years or to both.

(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, commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment not exceeding five

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years or to both.

(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 commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit.

(5)

Any person who contravenes any of the provisions of sections 19, 21, 21A or 22

of this Enactment commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment not exceeding five years or to both.

(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 commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment not exceeding five years or to both.

(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 commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment not exceeding five years or to both.

(8)

Any person who fails to give reasonable facilities to the Director, or any officer authorised by the Director, 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, commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit.

(9)

Any person who maliciously or negligently destroys, injures, defaces, displaces, disturbs or disfigures any antiquity commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment not exceeding five years or to both.

(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 commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to

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imprisonment not exceeding five years or to both.

(11)

Any person, not being the holder of a licence issued under section 39 of this

Enactment, who deals in antiquities commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit.

Forfeiture on conviction.