CONSERVING PA K I S TA N ’ S B U I L T HERITAG E · PDF fileB U I L T HERITAG E ENVIRONMENT & URBAN AFFAIRS DIVISION, GOVERNMENT ... dations keeping these factors in view. The ...

CONSERVING PA K I S TA N ’ SB U I LT HER ITAG E

ENVIRONMENT &URBAN AFFAIRSDIVISION,GOVERNMENT OF PAKISTAN

Fauzia Qureshi

The sector papers were commissioned from mid-1988 to mid-1990 andprinted in 1992, 1993 and 1994

The Pakistan National Conservation Strategy was prepared by theGovernment of Pakistan (Environment and Urban Affairs Division)

in collaboration with IUCN – The World Conservation Union

It was supported by the Canadian International Development Agency

Additional sector activities were supported by the United Nations Development Programme

IUCN – The World Conservation Union, Pakistan1 Bath Island Road, Karachi 75530

© 1994 by IUCN – The World Conservation Union, PakistanAll rights reserved

This material can be copied without the prior permission of the publisher

Editors: Tehmina Ahmed & Yasmin QureshiEditorial Advisors: Dhunmai Cowasjee & Saneeya Hussain

ISBN 969-8141-01-4

Design: Creative Unit (Pvt) LtdFormatting: Umer Gul Afridi, Journalists' Resource Centre for the Environment

Printed in Pakistan by Rosette

Acknowledgments viiPreface ixSummary xi1. Introduction 12. Scope of Study 23. Background and Current Status 2

Background 2The Current Situation 3

4. Problems Affecting the Built Heritage 6Neglect 6Poor Quality Conservation Work 8Rapid Urbanization 9Pollution 9Natural Disasters 10

5. Resolving the Problems 11Urbanization 11Pollution 11

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CONTENTS

Generating Revenue 11Incentives for Conservation 12Legislation 13Increase in Trained Manpower 13Awareness Campaign 14Conservation as a Means of Education 14Tourism 15

6. Policy Recommendations for Heritage Conservation 15Building Awareness 15Training Programmes 17An Inventory of the Built Heritage 17Co-ordination 18Legislation and Administration 18Tourism Promotion and Development 18Economic Instruments (Incentives and Penalties) 19

7. Action Plan 19Historic City Centres 21Historic Buildings under Use by Public Sector Agencies 21Upgrading and Conservation of Shopping Areas 22Fund Generation for Heritage Conservation 22Research and Education 23Protected Monuments with the Department of Archaeology 23Legislation 23

AnnexuresAnnex 1: Terms Used in Conservation Work 25Annex 2: Protected Sites and Monuments by District and Category 27Annex 3: Monuments and Sites: Major Renovation Work Undertaken 29Annex 4: Sites: Explored or Excavated 31

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Annex 5: Antiquities Act, 1975 33Annex 6: The Punjab Special Premises Ordinance, 1985 45Annex 7: Budgetary Allocations, 1982-1988 49

References 51Figure1. Heritage Conservation Process 16

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Iam grateful to a number of people who provided me with guidance and suggestions while under-taking this task. I am especially indebted to the participants of a brainstorming session whohelped clarify a lot of issues during intensive discussions as well as during informal meetings. My

particular thanks to Dr. Parvez Vandal, Mr. Kamil Khan Mumtaz, Dr. Hanif Chaudhry, Dr. RafiqueMughal, Mr. Zaigham Jaffery, Dr. Ijaz Anwar and Mr. Parvez Qureshi.

I would also like to acknowledge the services extended to me by Unicon International Architects,Engineers and Planning Consultants without whose help this report would not have been completed.

I am grateful to the National Conservation Strategy Secretariat for providing me an opportunityto present my thoughts on a subject which has been of very great interest to me. My special thanks toMr. Ayub Qutub whose useful comments and observations helped finalise the report.

Fauzia Qureshi

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ACKNOWLEDGMENTS

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PREFACE● ● ● ● ●

This monograph is one of the 29 sectoral and programme papers produced to support thepreparation of the Pakistan National Conservation Strategy. The NCS is a comprehensivereview of the state of the country's environment, and of government and corporate policies,

the voluntary sector, community and individual practices, which support or hinder sustainabledevelopment. The objective of the NCS is to identify strategic initiatives to conserve the country'snatural resources which are the base for lasting improvements in the quality of life.

Environmental impacts do not respect sectoral or administrative boundaries. Yet, conventionaldevelopment planning is frequently focused on narrow performance criteria and associated finan-cial requirements, ignoring huge costs on downstream ecosystems and economic activities depen-dent on them. These costs cannot be avoided and must be paid by society, the only questions arewhen and by which group.

To facilitate an understanding of such 'externalities', one of the first steps of the National Con-servation Strategy was to undertake assessments of cross-sectoral impacts from the point of view ofeach major activity sector. In order to facilitate comparison, the reports were prepared accordingto common terms of reference. Subsequently, major programme areas that must be given priorityin the transition to a sustainable society were identified. The list of economic, environment andprogramme areas is given overleaf.

A paper on each sector was produced by a well recognized expert supported by peer reviewersin related specialities. The key insights have been incorporated into the Strategy. Since the papersare the reference base of the strategy and contain special interest material, a decision was taken topublish them serially in the form of monographs. It is hoped they will be found useful byresearchers of sustainable development in various facets of national life as well as by the interestedlay reader.

The sectors are:1. Economic sectors:

● Agriculture, forestry, livestock, fisheries.

● Mining, energy, industries, transport.

● Human settlements and recreation.

2.Environmental impact sectors:

● Soil degradation, loss of biodiversity, and over harvesting of renewable resources.

● Municipal and industrial discharges, environmental health effects, and misuse of waterresources.

● Destruction of cultural heritage.

3.Programme areas:

● Incorporation of environment in education, communication, and research; enforcement oflaws and regulations; improved administration; use of economic instruments to align mar-ket forces with sustainability; promotion of conservation ethics.

● Programmes to promote population planning, women in development, and regional equity.

● Creation of grassroots institutions, with participative management.

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The report provides an overview of the stateof heritage conservation in Pakistan and itspotential. It highlights obstacles in under-

taking work in this field and makes recommen-dations keeping these factors in view. Theunderlying emphasis is on:● The government, to recognise heritage not

only as individual monuments but entire envi-ronments that have evolved through complexprocesses of social, economic and politicaldevelopment.

● Development planning, which should regardheritage conservation as part and parcel ofits work and not simply as an issue of struc-ture and aesthetics.

● Programmes in various fields, from promo-tion and development of awareness to train-ing programmes for professionals. Recom-mendations for administrative and legislativechanges have been made, as have sugges-tions for tourism promotion. Brief concepts

for revenue generation have also been indi-cated.Broad guidelines have been formulated for

most of the programmes, but not the details; thelatter cannot be developed without identificationof the needs and priorities of a specific area orproject. Programmes can only be successful ifconcepts are developed keeping in view theneeds of people and market trends.

An outcome of this report is a list of detailedstudies that need to be undertaken.

An indicative action plan has also been pre-pared, which can be initiated immediately. AnAction Committee has been suggested to ensureimplementation and to monitor progress. TheAction Plan recommendations are phased:immediate, short-term and long-term. Theimmediate and short-term actions do not requiresubstantial funding — what is needed is politicalwill and motivation within the agencies dealingwith Pakistan's heritage.

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SUMMARY

1. INTRODUCTION

Conservation can imply planned manage-ment of resources. In this case theresource is Pakistan's heritage, more

specifically its buildings.Heritage implies property or culture which is

handed down from one generation of people toanother. Included in this are assets producedentirely by people in natural settings or settingsdeveloped further by people. It includes heritagein its tangible form such as cities, towns, individ-ual monuments, artifacts, jewellery and items ofdaily use; as well as heritage in its intangibleform such as language and oral tradition. Allthese reflect the culture, norms, lifestyles andpatterns of a particular civilization.

This paper concentrates on the built heritagewhich encompasses immovable property such asarchaeological or historical sites, structures orother features of historic, scientific, artistic orarchitectural value. Part of this heritage is theordinary dwellings of people in villages andtowns, for vernacular architecture forms a physi-cal environment of exceptional coherence, welladapted to the specific character of its societyand the exigencies of nature.

The built heritage is an insight into the social,

political, economic and cultural circumstanceswhich create a physical environment.

Today, Pakistan's built heritage is exposed tothe risk of serious damage from rapid urbaniza-tion, industrialization, air pollution, groundvibrations, salinity and waterlogging and otherenvironmental factors. Over the last 15 years,the growing number of new buildings of gener-ally poor architectural quality, together with thedifficulties of living in some modern urbandevelopments, present the question of the con-servation of the built heritage in new terms.

Conservation of heritage is normally per-ceived as an obligation unconnected with every-day life. This misconception needs to be correct-ed. Heritage conservation has other dimensionsbesides historical and cultural. It provides mod-els of how people have adapted to the environ-ment, of how local materials and constructiontechniques created buildings in harmony withthe environment of a region. Hence it is impor-tant to conserve not just individual buildings fortheir noteworthy or outstanding architecture, butentire old districts or even towns as examples ofthe balance achieved by traditional architecturebetween people and their environment1. Currentrestoration policies, instead of concentrating ona small number of technically sophisticated

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CONSERVING PAKISTAN'SBUILT HERITAGE

operations, now aim to conserve a greater num-ber of buildings (even those of secondary inter-est), so as to focus attention on architecturalstyle rather than isolated features.

In Pakistan, conservation of the built heritagefalls primarily within the realm of the Depart-ment of Archaeology, with the maintenance ofshrines being undertaken by the Department ofAuqaf, especially the Punjab Auqaf. It is onlyrecently that plans to conserve old buildings arebeing integrated into development projects inurban areas. The Conservation Plan for theWalled City of Lahore is one such example.

Integrating environmental issues into devel-opment strategies has been initiated at the gov-ernment level and the work being undertakenby the National Conservation Strategy Secre-tariat is a reflection of this. It is imperative thataction is undertaken and that heritage conser-vation is seen in the perspective of sustainabledevelopment, a first move being made throughthe writing of this paper. It is hoped, however,that this awareness will be incorporated into thedevelopment process and not relegated to offi-cial files.

2. SCOPE OF STUDY

This study aims to identify and prioritiseissues, and to recommend policies andprogrammes for conservation of the built

heritage. Hence the objectives are:1. To identify the constraints affecting major his-

torical and cultural buildings.2. Recommend policies to conserve the heritage

from hazards such as environmental pollu-tion and human activities.

3. Recommend suitable administrative and leg-islative changes for the protection of the builtheritage.

4. Determine priorities and the interventionsthat need to be undertaken for heritage con-servation and recommend projects for imme-diate implementation.

5 . Determine revenue generating alternatives forsustainable development of the built heritage.

3. BACKGROUND AND CURRENTSTATUS

BACKGROUND

In our country, heritage conservation has notbeen given any priority — efforts are very lim-

ited and isolated from general developmentactivities. The whole concept has been viewedwith the bias that it is not only anti-developmentbut also resource-intensive — in other words,heritage conservation is an idea that underde-veloped countries like Pakistan cannot afford.Individual monuments are conserved to provideshow-pieces for tourism; but efforts to makepeople aware of their responsibility towards thebuilt heritage have been minimal.

Buildings and sites need to be thought of asassets and resources. They are reflections of thevalues and culture developed over the genera-tions, a link through which people can relate totheir ancestors. It is this sense of belonging andassociation that provides a person with a senseof identity, roots and destiny. This concept itselfgives a value to heritage conservation, a valuewhich is intangible and which cannot be definedin monetary terms. If this awareness is inculcat-ed in people, then conservation will not need thekind of monetary resources that it is perceived torequire. Old buildings will be taken care of bypeople in their day-to-day living and will, inturn, pay for themselves.

The insurgence of colonization in this partof the world in the last century, along withmassive media exposure to western develop-ments, has resulted in a certain discontinuity ofcultural ties and an under-estimation of thevalue of one's own heritage. Since the industri-al revolution occurred in the western world,there was a certain continuity in the resultantchanges. It has not been so in developingcountries, including Pakistan. Rapid industrial-ization has been far more chaotic primarilybecause of this historical discontinuity — wetend to copy everything western because of anadulation for everything 'modern'. "In the west,

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westernization was a natural outcome of histo-ry. There was neither a discontinuity nor a con-flict of values. In their cities the old was notdestroyed because its symbolism was obsoletebut more for economic motives and compara-tively they destroyed less"2.

Our built environment consists of areas richin historic monuments and urban landscapesdeveloped over the centuries. The latter contin-ue to be inhabited and often are areas with thehighest population density, providing housingto a large percentage of the urban populatione.g., Lahore's Walled City houses 300,000people which is 8-10% of the city's population;Gowalmandi, Krishan Nagar and the CivilLines area house an equal amount. But 'mod-ern' sets of demands and pressures are turningthese areas into slums: 'development' in ourhistoric zones is resulting in construction thattotally disregards the original values that gen-erated the spatial patterns of these areas.Besides housing, these areas provide recre-ational and educational facilities, fulfilling anumber of social and religious needs. Thesefacts have to be recognised. An effort has to bemade to redirect policies and to develop thesezones into healthy living environments thatreflect our culture while providing all the mod-ern amenities.

Our people still have strong cultural linkswith the past in their living habits and rituals.This is an asset, which can be directed towardsdeveloping a respect for the built heritage, arespect which will help in conservation work.

This leads to several questions which need tobe answered here. What are the criteria forselecting buildings for conservation? In whatpriority should they be addressed? What are thecauses underlying the deterioration of the builtheritage? What are the constraints involved andwhat is the potential of conservation? How aregovernment policies and development pro-grammes adding to the deterioration anddestruction of our heritage? What are the inter-ventions that are needed, keeping resourceconstraints in view? (See Annex 1 for the termsused in conservation work).

THE CURRENT SITUATION

Amajor constraint in heritage conservation isthe fact that this issue has not been given

due recognition by the state. Buildings and siteshave been the responsibility of the Departmentsof Archaeology and Auqaf. On the other hand,irrespective of the historical or cultural featuresof the area, land-use planning and the provisionof utilities and services has been looked after byurban development authorities. There has beenno co-ordination between the departments.

The Department of Archaeology functionsunder the jurisdiction of the Antiquities Act1975. Nationally, it has primarily focused on thepreservation and conservation of historical mon-uments and the maintenance of museums. Limit-ed resources and staff shortages have limitedthe work of the department to major historicalmonuments and archaeological sites, with largerareas or districts being ignored in the process.The department has a list — of the built heritageunder their protection — of 355, of which 243are monuments and 112 sites. Of the 243 mon-uments, conservation work has been carried outon only 50; of the 112 sites, archaeologicalexplorations and excavations have been con-ducted on only 33. Heritage conservation, as thestate perceives it, is therefore limited to a total of83 monuments and sites in all of Pakistan. (SeeAnnexures 2, 3 and 4).

The Auqaf Department is responsible forlooking after Muslim Waqf property, includingrepair and maintenance. A large number ofmosques and shrines with historical and archi-tectural merit have been listed by the depart-ment. The Punjab Auqaf Department has, infact, a Directorate of Archaeology which looksafter shrines and mosques. A large number ofHindu temples and evacuee property fall underthe Auqaf's jurisdiction as well. Funds generatedby the Auqaf and the sums allocated for themaintenance of shrines and mosques are phe-nomenally high in comparison to the Depart-ment of Archaeology's allocations.

Some noteworthy restoration and conserva-tion projects have been undertaken by the Auqaf,

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such as the shrine of Shah Rukn-e-Alam, Multanand Badshahi Masjid, Lahore. The success ofthese projects is, however, limited. Conservation-ists question the authenticity and historical basisof the work conducted; the development of thesurrounding environment of these monumentsalso leaves much to be desired. Though theseareas are beyond the jurisdiction of the Auqaf,co-ordination between the department andagencies such as the Multan DevelopmentAuthority (MDA) and the Lahore DevelopmentAuthority (LDA) would have certainly enhancedthese sites. It would also have improved the livingconditions of people residing in the vicinity ofthese sites, creating an environment conducive tothe size and scale of the monuments.

Compared to the Muslim shrines and tombs,Hindu temples are not being given much atten-tion and are in advanced stages of decay ormisuse. In a list of 154 monuments prepared bythe Punjab Auqaf, with estimates for preliminarypreservation amounting to an average of Rs.80,000 per monument, there is only one Hindutemple3.

The Evacuee Property Trust Board wasformed by the government after Partition; itspurpose was to assess and control propertyevacuated by Indian nationals. A large numberof buildings under the Board are rented out atrates fixed at the time of Partition. The Rehabili-tation Department allotted Hindu properties torefugees under claims filed at that time. All theseproperties are very dilapidated, because of poormaintenance and multiple ownership.

Organizations other than the governmenthave started to play a part in heritage conserva-tion. The Institute of Architects, the Lahore Con-servation Society and the Anjuman-e-Mimaranhave played a vital role in creating awarenessabout this subject. They have held workshopsand seminars, establishing a case for heritageconservation through the media. The PunjabSpecial Premises Ordinance, 1985 — a follow-up of the Antiquities Act, to save buildings of his-torical, cultural or architectural merit built after1857 — is an outcome of the pressure imposedby these institutions.

Over the last six to eight years, universitydepartments have also participated by conduct-ing research. Extensive work has been done atthe architecture departments of the NationalCollege of Arts and the University of Engineeringand Technology in Lahore, and the DawoodCollege of Engineering and Technology inKarachi. Numerous theses and study projectshave been conducted not just on individualmonuments, but on entire inner city zones.

This growing awareness has forced urbanplanning agencies to take more cognisance ofthe built heritage. The first detailed study of alarge area, the Conservation Plan for the WalledCity of Lahore, which is part of an urban devel-opment programme for Lahore has been under-taken. For this the Pakistan Environmental Plan-ning and Architectural Consultants created aninventory of about 1,400 historic buildings in theWalled City that are to be preserved along witha number of specific conservation zones. Thisfigure is itself an indication of the richness of ourheritage found in one specific location, in con-trast to the work conducted by the Departmentof Archaeology which lists only 400 monumentsas needing 'protection'. Recognition that a con-servation plan was needed for the Walled Cityof Lahore is the first step towards accepting thatentire zones/areas be listed for conservation. Itwas only through World Bank funding that thisfirst step was taken.

The Karachi Development Authority (KDA)has also prepared a list of 42 buildings, post-1857, of historic and cultural merit. Protectionhas been given to these under the Karachi Mas-ter Plan and KDA Act.

In Lahore, 62 post-1857 buildings have beenlisted under the Punjab Special Premises Ordi-nance, 1985. But no further implementation ofthis legislation has been undertaken since it wasoriginally enacted.

LegislationThere are two laws in the country providing alegal framework for the protection of the builtheritage.

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● The Antiquities Act, 1975. (See Annex 5).● The Punjab Special Premises Ordinance,

1985. (See Annex 6).Other laws which may be invoked for protec-

tion include the Pakistan Environmental Protec-tion Ordinance, 1983, the Land Acquisition Act,the Factories Act, 1934, and the charters underwhich the development agencies i.e., LDA, MDA,KDA, etc. and municipalities function. If imple-mented in their true spirit, these laws can pro-vide protection not only to monuments but toentire precincts or districts.

Inadequate provisions in the laws are, how-ever, allowing the built heritage to be disturbed.Since the Antiquities Act does not allow 'preser-vation districts' to be declared, indiscriminateblasting and quarrying for limestone in the Taxi-la Valley is threatening the structural stability ofthe Jaulian site, the Dharmajhika Great Templeand the Bhir Stupa.

On the other hand, poor implementation ofthe laws is also proving detrimental to the builtheritage. The Antiquities Act very clearly spellsout restrictions on the use, destruction, damage,repairs, renovations and preservation measuresof the built heritage, but its application remainsquestionable. Similarly, an Advisory Committee— provided for under the Antiquities Act —whose role it is to oversee and advise the gov-ernment on issues of heritage conservation, hasyet to be constituted. Nor has a committee ofexperts, under the Punjab Special PremisesOrdinance, been announced.

Implementation has been restricted due to alack of resources, poor administrative facilitiesand co-ordination between various agenciesresponsible for protection. The entire responsi-bility has been retained by the government; thepeople have not been involved. The state drawsup legislation and implementation is left solelyto the local administration. The legislation putsno responsibility on the people, nor are thereany means of doing so.

Making people aware of their responsibility isa very crucial element of heritage conservation.Once a move is made in this direction, the peo-ple themselves will learn about their priorities

and responsibilities.

Selection CriteriaThere are no fixed criteria for grading buildings.The Department of Archaeology has listed 355pre-1887 buildings, according to a definition inthe Antiquities Act, 1975, along with a fewnational monuments. For the purpose of control,conservation and maintenance, these protectedmonuments have been classified as:● Grade I:

Monuments which ought to be in permanentgood repair, due to their present condition orhistorical or archaeological value.

● Grade II:Monuments which can be, or should be,saved from further decay by measures suchas the removal of vegetation, the drainage ofwater from the walls and the like.

● Grade III:Monuments which are impossible or uneco-nomical to preserve due to the advancedstage of decay or comparative unimpor-tance.Conservation criteria are based primarily on

the condition in which a monument is found.Given the rate at which conservation efforts areprogressing, our entire built heritage will soonfall into Grade III.

The consultants working on the C o n s e r v a t i o nPlan for the Walled City of Lahore d e v e l o p e dtheir own criteria for the selection and gradingof premises of historical, cultural and architec-tural value. The Walled City list is based, to alarge degree, on the architectural qualities of thebuilding under consideration.

The absence of suitable criteria results inpiecemeal efforts at identifying buildings thatwould fall under the classification of 'heritage'.

Most conservation programmes undertakenby the Department of Archaeology are on theliking and convenience of the person preparingthe programme. As a result important monu-ments and sites, and particularly those in remoteareas, are neglected.

Also, there is no uniform system for prioritis-

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ing work at the local, provincial or national lev-els. Criteria must seek to achieve a balancebetween these various levels e.g., a monumenthaving high priority for the people of a particu-lar area, may be of little importance on thenational scale.

4. PROBLEMS AFFECTINGTHE BUILT HERITAGE

Our built heritage is deteriorating natural-ly, but this deterioration is being acceler-ated by human activity. The reasons are

deeply rooted in economic, social, educational,political and legislative issues. Past policies havefocused on industrial and economic growth atthe cost of the environment and the quality oflife. Natural resources have been indiscriminatelyexploited, resulting in ecological imbalances thatare having a detrimental effect on the built her-itage. Similarly, irrigation systems, industrializa-tion and urbanization have all taken their toll onthe environment. The problems are: ● Neglect.● Poor quality conservation work.● Rapid urbanization.● Environmental pollution.● Natural disasters.

NEGLECT

Neglect is one of the primary reasons behinddeterioration of buildings and sites, and is

due to social, economic and political issues. Con-sciously or unconsciously, there may be neglecton part of an agency or the state itself. One fac-tor is a lack of awareness; another, the economicpriorities of the poor in Third World countries.Very often, the latter overrules the former.

Neglect of the built heritage allows decay.Structural deterioration through the accumulationof dust, dirt, vegetation and dampness sets in.Ultimately it results in the complete destruction ofthe structure. The causes of neglect and theirimpact on the built heritage can be analysed,and are given in the following sections.

Awareness

A lack of awareness is a critical constraint toheritage conservation, borne out by the meagrework carried out on a few historic buildings. Thislack of awareness exists both at the governmentpolicy level and at the public level.

The Institute of Architects of Pakistan, Anju-man-e-Mimaran in Lahore and the Society forPreservation of the Muslim Heritage in Karachiare the few institutions creating awareness about,and conducting research on, the built heritage.The membership of these institutions is an indica-tion of the limited numbers of professionals inter-ested in this field. They consist primarily of archi-tects and some concerned citizens, environmen-talists, journalists and lawyers. The impact ofthese institutions is limited to the literate urbancommunity. Awareness, however, has to be gen-erated at all levels, and particularly at the grass-roots level through primary education and use ofthe media. In a country with a literacy rate of lessthan 25%, mediums such as television and radiocan produce the desired impact.

For the vast majority of the illiterate (and theliterate) population, conservation of the heritageis perceived negatively, for their priorities areessentially those of food, shelter and clothing.However, integrating conservation into thedevelopment process may bring the realizationthat it may not only be economical to adoptconservation measures, but also practical andconducive to our cultural and social habits. Acase in point is the development pattern of olderci ty dis tric ts which are genera lly seen asunhealthy living areas for the poor. These areashave many assets in terms of ease of communi-cation and social interaction, but they are beingdestroyed by a lack of utilities and the effects ofdevelopment such as vehicular traffic and envi-ronmental pollution.

EducationThere is a tremendous demand for trained per-sonnel to deal with conservation, preservationand restoration work. Only four institutions in

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Pakistan offer architectural training programmes,and there is only one Department of Archaeolo-gy in the country, the one at Peshawar University.The number of graduates amounts to an averageof 150 per year. Moreover, the Department ofArchaeology accepts only history, geography orgeology graduates, not architects; any conserva-tion effort needs the advice of architects. Thus alack of trained professionals limits awarenesscampaigns, studies and research. Decision-mak-ers, such as bureaucrats, are themselvesunaware of the concept of heritage conservation— they are untrained, incompetent and not moti-vated. Heritage is conceived only in the form ofselect monuments and show-pieces for tourism.The conservation of heritage is much more andthis broader vista has to become part of thethinking of decision-makers, politicians, profes-sionals and the public.

Socio-Cultural ConstraintsThe creation of 'modern' facades and buildingsin the name of development and progress,leads to the destruction of old buildings whichwere better adapted to the environment. Thereis a growing contempt for old technology,generated by a blind adulation of all thingsmodern or western. The breakdown of thetraditional extended family system is resulting inthe destruction of h a v e l i s (large residencesmade up of several units). As professionalguilds and co-operatives in localities disappear,so does the built heritage.

The development models of modern citiestend to segregate the rich from the poor. Therich live in new, modern and developed areasand the poor in deteriorating conditions in theinner ci ty, which add to a contempt foreverything old and increase aspirations towardsthings new.

Moreover, the concept of 'Islamisation' hasled to the neglect of monuments which do nothave a Muslim background. A case in point arethe Hindu temples and evacuee property leftbehind by non-Muslim families. The refugeeswho came to Pakistan during Partition did not

have any prior association with the buildingsand areas vacated by the outgoing refugees.The structures and spaces that people movedinto did not evoke any sympathy from them,leading to further destruction.

Economic ConstraintsThe Department of Archaeology has limitedresources, with a wide gap between demandand the allocation of funds. Of the Rs. 30 mil-lion allocated in 1987-88, 55% was meant foradministration/establishment, 28% for miscella-neous expenditure and only 17% was utilised forthe actua l maintenance of histo ricalmonuments4. (See Annex 7).

The department earns substantial amountsfrom nominal entrance tickets and other mis-cellaneous charges. In 1986-87, Rs. 5 millionwas generated from this source which amountsto 16% of the total budget for that year. Butthese earnings were deposited in the centralgovernment treasury. Hence, the present sys-tem of revenue generation and collection pro-vides no incentive to those involved in heritageconservation.

Provincial governments do not contributefinancially to the archaeology department.Though the Punjab government has allocated asum for the protection and preservation of his-torical monuments within its provincial limits, thedepartment — which has the expertise to pro-vide guidelines for conservation — has not beeninvolved. An example of this is the work under-taken on Kamran's Baradari in Lahore. Since thefunding came from the Punjab government, aprotected monument under the jurisdiction ofthe department was 'renewed' by the LahoreDevelopment Authority.

There are numerous monuments and preser-vation zones/districts all over the country whichhave not been listed, due to the department'sresource constraints in terms of both money andexpertise. Examples of this are the Makli Tombsand its environment and the entire Taxila exca-vations.

Funds al located to the Department of

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Archaeology are based on annual budget pro-posals and are lapsable. By the time a proposalis formulated, submitted and approved, the timeleft for actual implementation is very limited andthe work is either left incomplete or is of poorquality.

Administrative Co-ordinationEffective co-ordination and administration isnecessary for the conservation of monumentslisted by various departments.

Urban development agencies do not co-ordi-nate with the department dealing with conserva-tion when developing or upgrading inner cityareas which contain a wealth of monuments andmonument zones. A number of protected monu-ments with the Department of Archaeology aredeteriorating and others have almost been oblit-erated because no action is being undertaken toevict encroachers despite repeated reminders tolaw enforcing agencies. Because of resourceconstraints, the department is unable to under-take any action except for the issuance ofreminders to agencies responsible for this work.One example of the resulting neglect is the caseof a retired police officer who has used the DelhiGate, Lahore as his residence for the last 30-40years. As it undertakes implementation of its con-servation plan for Delhi Gate, the LDA now facesthe problem of evicting an ex-police officer.

A large number of historic monuments fallunder the jurisdiction of public sector agenciessuch as the provincial education, health andAuqaf departments or federal agencies like theEvacuee Property Trust Board. No attention ispaid to these monuments, resulting in illegalsquatters and encroachments. While implement-ing its conservation plan, the LDA has no controlover buildings belonging to other agencies.Within its bureaucratic setting, it will not under-take any work unless vacant possession isensured by the respective agencies. Althoughfunds are available with the LDA, conservationwork cannot be undertaken because of this lackof co-ordination between government agencies.

Co-ordination between the Tourism Depart-

ment — which undertakes development activitieslike the construction of motels, restaurants etc. inthe vicinity of historical sites — and the Depart-ment of Archaeology is also negligible. Nor doesthe Tourism Development Corporation of Punjabor the Pakistan Tourism Development Corpora-tion have heritage conservation specialists withinthe organizations. This results in careless andunco-ordinated development work, furtherendangering monuments. Also, administratorsand managers working in these departments aretotally oblivious of the concept of conservation.There must be administrative co-ordination at alllevels, from the federal and provincial down todistrict and local levels, with responsibilitiesdefined for each level. With the declaration oftourism as an industry and the announcement ofa new tourism policy, development activities with-in this sector must also consider the positive andnegative aspects that tourism brings in its wake.

POOR QUALITY CONSERVATIONWORK

Lack of resources and technical knowledgeabout restoration results in poor quality con-

servation work: repair by untrained labour iscarried out, unsuitable material that reactsadversely with the original structure is used, allcausing further damage. At times over-restora-tion is undertaken in an attempt to create morethan what was originally present. Shrines andmazars are prime targets for such restorationattempts. The work conducted in Ucch Sharif,Darah Din Panah, and Data Ganj Bakhsh dis-play absolute insensitivity to the values of theoriginal monument. Irreversible damage is alsodone when archaeologists unearth monumentsor remove plaster as part of their work and thenleave the sites exposed to rain and water.

Archaeological sites at Taxila, particularly theDharmajhika and Jaulian sites have massivevegetation and drainage problems. Ugly roofshave been built to protect these remains. Monu-ments in the Swat Valley, specially the Butkarasite dating back to the Greek period, have in situstone sculptures which have been protected from

8 NCS SECTOR PAPER

the rain by encasing them in glass; the resultanthumidity is causing rapid deterioration.

RAPID URBANIZATION

Out of a total population of 84 million peo-ple according to the 1981 population cen-

sus, 24 million (or 28%) live in urban areas. It isprojected that by the year 2000 this percentagewill double and almost 43% of the populationwill be urban5.

The causes of urbanization need not be listedhere. However, it results in greater populationdensities per square kilometre, increase in traf-fic, and more pressure on municipal servicesparticularly storm water drainage, sewerage andgarbage disposal. All these factors threaten thebuilt heritage in urban areas.

Some of the major conservation areas inPakistan today form the centre of cities e.g., thewalled cities of Lahore, Peshawar, Multan andBahawalpur. These areas are suffering from allthe negative effects of urbanization. Yet theyhold some of the richest repositories of culturalvalue, some in an advanced state of decay.Overcrowding, structures with unclear titles orthose housing tenants over extended periods oftime is resulting in limited or no maintenance ofbuildings. Also, it is in these low-rent areas thatillegal alternative manufacturing and smallindustries are set up, activities that further dam-age the buildings. Since it is primarily the urbanpoor that are residing in these places, and thereis a lack of resources for the development ofthese areas compared to newer schemes, thisinevitably leads to further deterioration.

The massive influx of refugees in 1947played a critical role in the deterioration ofareas. Large havelis, residences and commercialproperties under the Rehabilitation Department,Evacuee Property Trust Board and Auqaf wereeither given out to multiple owners or onextremely low rents. The issues of ownership andrental increase have not been resolved by thesedepartments and there are numerous courtcases pending.

A primary threat to conservation in inner city

areas is the fact that land-use is not commensu-rate with land value. As land values increase incity centres the owners of old structures, origi-nally used as residences, are pulling them downto build commercial plazas and revenue gener-ating projects, destroying the original fabric ofthe environment.

POLLUTION

The built heritage is threatened by air pollutionwith the degree and type depending on cli-

mate, weather and topography. Wind directionand speed can transfer air pollutants from onearea to another, while acid precipitation onstructures increases with humidity.

Air is polluted primarily by automobi leexhaust emissions and industrial waste products.Central city areas exist amidst clouds of smokeemitted by buses, trucks, rickshaws, motorcyclesand cars. A number of organic compoundsreleased in these fumes contain saturated andunsaturated hydrocarbons. This is deposited assoot, masking the facade of buildings in an uglygrey colour. Monuments in the proximity of largeindustrial areas — especially chemical fertilizeror cement factories, brick kilns, foundries etc. —suffer the ill effects of sulphur dioxide and otherhazardous fumes. Brick (which is a primarybuilding material) and marble (used profuselyby the Mughals) deteriorate particularly fastbecause of the ensuing acid rain. Lime plasterand lime mortar are also affected and begin todisintegrate. Pieta dura, mosaic and frescoworks are also affected by these pollutants,accelerating their deterioration. One example ofair pollution is the damage done to the Quaid'sMazar in Karachi.

A larger population and intensive land-usehave resulted in greater traffic in historic areas.Massive stone quarrying, blasting and truckingin Taxila Valley are damaging the fragile struc-tures in its numerous valuable archaeologicalsites. The additional air pollution and raisednoise levels is destroying the peace and solitudeof these scenic areas. Intense traffic also disturbstraditional street life patterns. The construction of

NCS SECTOR PAPER 9

roads does open up new areas, but unplanneddevelopment occurs in the absence of environ-mental impact studies. The Rohtas Fort was safefrom encroachments till a road was built con-necting it to the Grand Trunk Road.

NATURAL DISASTERS

The United Nations Environment Programmedefines a natural disaster as "an extreme nat-

ural event which effects man and the environ-ment causing physical, ecological and/or socio-economic damage"6. Some of these hazardshave a direct impact on the built heritage. Theyare classified as:● Flooding.● Rain and storm.● Climatic fluctuation.● Earthquakes.● Excessive growth of vegetation.

FloodingFlooding ensues when water-bearing channelsexceed their capacity. The incidence of floodinghas increased over the years, primarily becauseof increased rain run-off due to deforestationand overgrazing. The construction of barrages,embankments and dams has resulted in greatersilting of riverbeds, further increasing river chan-nel overflows.

Flooding can partially damage monumentsor completely obliterate them, as in the damagedone to Kamran's Baradari, one of the oldestMughal monuments in the country. In Lahore,flooding also threatens Jahangir's, Noor Jehan'sand Asif Khan's mausoleums. Persistent floodingraises the water-table which causes dampnessand damage to old structures. Undergroundwater often contains salts which corrode struc-tural materials, as at Mohenjodaro where enor-mous sums have been spent on protection, pri-marily from the rising water-table.

Rain and StormHeavy rains create damp conditions, causing

deterioration of mortar and masonry, wood-work and other structural components of build-ings, affecting their strength and appearance.Salts and nitrates released through the damp-ness attack building materials, causing disfig-urement and disintegration. The irrigation sys-tem in rural areas and inadequate drainagefacilities in expanding urban communities hasled to a rising water-table, which is the primecause of damage to old s tructures. TheSheikhupura Fort has undergone massive dete-rioration because of water penetration. Exces-sive water has badly affected parts of the Fortto the extent that the very foundations havebeen destroyed. The Fort is presently closed tothe public as a safety measure. After summingup the costs implied in restoring the monu-ment, a recommendation states that a part of itmust be demolished so that funds can beinvested in repair of certain sections and in adrainage scheme to prevent further erosion7. Inthe Doab areas of the Chenab and Ravi, thewater-table has risen some 55 feet since thepre-irrigation period. This rise is due to expan-sion of the canal irrigation system, resulting insalinity and waterlogging, which directly affectsfoundations. In areas where there is no cultiva-tion or vegetation, salinity also damages s t r u c t u r e s .

Climatic FluctuationThermal variations stress structures as materialsexpand and contract. Once excavated, a num-ber of archaeological finds are exposed to thisf a c t o r .

EarthquakesEarthquakes have caused serious damage tohuman settlements and there is an ever-presentpossibility of damage to historic monumentslocated in seismic zones. No contingency planshave been drawn up to protect monuments ortheir artifacts from such natural disasters. Price-less treasures have been totally obliterated inthe past.

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Excessive Growth of Vegetation

Due to lack of maintenance on part of theauthorities in charge of conservation and a lackof awareness on part of the people, disputedproperties with unclear titles are often overrunwith vegetation. These weaken not just founda-tions, but entire structures. Depending on theextent of growth, dampness begins to settle in,resulting in further deterioration.

5. RESOLVING THE PROBLEMS

URBANIZATION

The rapid growth of cities, specially intermedi-ate and major cities, has led to a breakdown

of civic infrastructure. High population densitiesand intense pressure on municipal services inlow income districts, particularly the historicalinner city areas has been the result. One of thefirst steps is to develop strategies to reducerural-urban migration e.g., by generat ingemployment opportunities in rural areas anddeveloping the agriculture sector.

Careful land-use planning can also help pre-vent further deterioration of buildings. Land-usepatterns in most city centres have changed fromresidential/commercial to manufacturing, rang-ing from small-scale units to foundries. All thesecause tremendous pollution and pressure onurban utilities and the infrastructure. Alternativeshave to be developed to restore settlements totheir original residential status and to movemanufacturing/industrial units out. This will helpcreate healthier living areas and reduce pressureon over-burdened services. The urban poor whoreside in these localities need to have access toeasy loans and grants to upgrade their environ-ment. In the case of the Conservation Plan forthe Walled City of Lahore, arrangements havebeen made with the House Building FinanceCorporation to provide loans for home improve-ments. However, the response has been limitedbecause the loans are not interest-free andupgrading houses is not income generative.

Studies have to be conducted to provide meansof income generation on investment made bypeople in conservation.

Also, the ownership of units in older districtsare under dispute with multiple owners andhereditary claims against them. The judicial sys-tem of the country is such that property casesoften span 20 to 30 years, resulting in tremen-dous deterioration in buildings. The existing judi-cial infrastructure must be updated and the pro-cess of justice speeded up so that the backlog ofownership cases in the lower and higher courtsis progressively reduced. Clear legal titles tobuildings will improve conditions and increasethe number of units available for rent or sale,thereby increasing the overall housing stock.

There are individual monuments of excep-tional merit within preservation areas. Thesemust be repaired and used, which will help intheir maintenance, enhance their value and pro-mote the right conservation policies such as thedevelopment of museums and libraries.

AIternative development programmes haveto be initiated to reduce physical, social andeconomic disparities in cities. Progressive segre-gation between the rich and the poor in urbandistricts needs to be checked by increasingdevelopmental activities in inner cities and low-income areas.

POLLUTION

All forms of development, particularly industri-al, need to undergo environmental impact

assessments at the planning stage. These assess-ments must consider and include the intangibleworth of monuments or monument zones in thevicinity of the proposed development.

GENERATING REVENUE

The built heritage provides housing andrecreational facilities besides fulfilling social

and religious needs. The Badshahi Mosque andLahore Fort are examples of such heritage.These monuments must be treated as assets andtheir maintenance must be self-financing to a

NCS SECTOR PAPER 11

certain extent. Major monuments already havevisitor appeal and are an informal means ofeducating the young and the old in history andculture. The direct costs of maintaining largemonuments, such as the Shalimar Gardens, isvery high and it would be fair to raise theentrance fee to these sites. The current fee ofone or two rupees can easily be doubled at theleast. Moreover, certain areas such as the ShishMahal in the Lahore Fort can take limited wearand tear, and entry to these areas should berestricted by charging supplementary entrancefees. Numerous new areas such as the TurkishBaths and Royal Quarters of the Empresses inthe Shalimar Gardens can be opened to visitors.Extra charges can be levied, provided theseplaces are restored and used, possibly, asmuseums. This would help control traffic insensitive areas, reduce the extent of wear andtear and generate addi tiona l income forconservation. Money thus generated must beinvested back in the monument itself, ratherthan revert to the government treasury, as is thepresent practice. The Lahore Fort alonegenerated Rs. 0.5 million in 1988 but allocationfor its maintenance was only Rs. 0.15 million8.

New uses for old s tructures have to beexamined, as the conversion and restoration ofan interior for an alternative use may justify thecosts of renovation. The Institute for Conserva-tion Training, run by the Archaeology depart-ment, in the Lahore Fort is a good example of aworthwhile activity in an important area. TheAttock Fort is used by the army, but certainparts of it must be opened to the public. HaveliNau Nehal Singh in the Walled City of Lahorehas been converted into a school. The rentreceived from the Department of Educationmust be compatible with market rates. Certainparts of these buildings must be kept open fortourism and an entrance fee charged to gener-ate additional revenue.

INCENTIVES FOR CONSERVATION

One successful approach to conservation hasbeen the provision of monetary incentives

such as tax exemptions or low-interest long-termloans for restoration and improvement. In Pak-istan, however, this would only apply to peoplein a tax bracket where such incentives are rele-vant. But since most areas in dire need of con-servation house the poor, alternative means willhave to be utilised. Individuals, societies andindustrialists can be given tax incentives for'sponsoring ' a monument. This would helpimprove and maintain low income housing andcreate awareness among all classes. All publicand private sector companies who use historicalmonuments or monument zones in their adver-tisements can be given special rebates to incor-porate public service messages on conservationat the end of their advertisement. Popular sportsstars and film/television personalities could beused to campaign against damage or deface-ment of monuments — e.g., Imran Khan coulddiscourage children from playing cricket in gar-dens of historic merit.

Another method is available: outright grantsor gifts for heritage conservation from the gov-ernment. If this is done by the private sector —individuals, societies or foundations establishedspecifically for the conservation of heritage — ororganizations connected with the building indus-try, they should be given tax exemptions as wellas recognition plaques.

Historical and cultural son et lumiere (soundand light) shows on site can generate furtherrevenue and create awareness among the pub-lic. These shows could be operated by public orprivate agencies with the money being used formaintenance and repair, and the setting up ofresearch institutions or craft schools/guilds toprovide the necessary infrastructure for contin-ued conservation efforts.

Hotel bed tax is yet another form of revenuegeneration. The tax must work on a sliding scalefor three- to five-star hotels. It is, however, nec-essary that the sums generated from such taxlevies be put into conservation efforts and notremitted to the central treasury.

The private sector must be involved in con-servation projects. People living in inner cityareas may be given alternative plots in the outer

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zones, and their properties auctioned to devel-opers who would be allowed to develop thebuildings under a stringent framework specifyingwhat can and cannot be done. An incentive fordevelopers may be a 10-year exemption fromprovincial and federal taxes on these properties.Other incentives could include developmentrights in the areas to which people are moving.

A second form of development could bethrough the transfer of rights. In this method theowners of important buildings, unable to take fulladvantage of the potential of protected sites, cansell or transfer these rights to the owners of near-by properties. For example, if the owner of adouble-storey historic building is not realising thefull value of an investment and wishes to demol-ish the building and replace it with a four-storeystructure, there is the alternative of selling thedevelopment rights of the two additional storeysat a fair market price. The air space above thehistoric building would be sold to developers whowant to built more storeys than current zoningpermits on their own lots. In this manner theowner of a historic building would be compen-sated and motivated to retain and restore thelocal landmark, while the developer to whom thedevelopment rights have been transferred wouldbe able to take additional advantage of the site.In this system a development rights bank with arevolving fund could also be established, whereunused rights would be deposited and later soldunder the guidance of the city government9.

Another source of funds is a nominal levy of0.05 to 0.10 paisa per square foot of built-uparea in large-size residential and all commercialplots in the city. This amount could be collectedby the development agencies approving plansand handed over to the agency responsible forthe preservation and restoration of old buildings.This is likely to raise sufficient funds and developa vested interest for the conservation of oldbuildings among the payers of the levy1 0.

LEGISLATION

Comprehensive legislation needs to beevolved, covering all aspects of the built

heritage. The legislation must provide adequateprotection against human environmental distur-bances. Rules for the administration of conserva-tion zones and the induction of local personsinto the government administrative set-up mustbe evolved. Local union council chairmen couldbe involved along with professionals from relat-ed fields such as architecture or planning. Thelegislation must address all urban developmentauthorities, and land-use plans or constructionpermits should only be allowed if specific designcriteria, respecting the history and culture of thearea, have been carried out.

Under Article 3 of the Antiquities Act, provi-sion has been made for an Advisory Committeeconsisting of the director-general of the archae-ology department, one representative each ofthe education and tourism divisions, and threeother nominees of the federal government withspecial knowledge of antiquities. The member-ship of the body should be amended to includerepresentatives from other departments dealingwith arts, crafts and culture — such as the SmallIndustries Corporation, Lok Virsa and the ArtsCouncil — as well as people from areas wheremonuments are situated. Members of institutionssuch as the Institute of Architects, the LahoreConservation Society and Anjuman-e-Mimaranalso need to be consulted. Moreover, responsi-bilities need to be very clearly defined. The advi-sory committee under the Punjab Special Premis-es Ordinance needs to be similarly activated.

INCREASE IN TRAINED MANPOWER

Urban conservation teams should be trained.These should include architects as well as

planners, sociologists, economists, historiansand geologists. Joint programmes among insti-tutions offering courses related to the built her-itage, can help fuse different disciplines into asingle cross-disciplinary programme. Moreover,the number of professional architects producedin the country needs to be increased.

Almost all the labourers and craftsmen work-ing with the Department of Archaeology are dailywage earners, working for less than half the year

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due to the present budgetary system of carry-over of funds. There is no incentive for a trainedcraftsman to continue working or for a new corpsof craftsmen to be trained. Existing monumentsand monument sites are ideal settings for crafttraining centres and schools. Vocational traininginstitutes should have joint programmes withsuch centres. The latter could provide on-sitetraining in small towns and areas with a largenumber of monuments such as Uchh, Taxila,Thatta, Dadu etc. rather than in the large cities.Besides utilising existing training institutions, spe-cialist training courses and workshops related toheritage conservation and the environment needto be conducted. Research into ancient tech-niques of construction, materials, art and craftforms must be encouraged. Existing infrastruc-ture facilities such as the Pakistan Council for Sci-entific and Industrial Research laboratories, theBuilding Research Laboratory, the Pakistan Agri-cultural Research Council and university researchlaboratories could be utilised prior to the settingup of new centres.

AWARENESS CAMPAIGN

An awareness campaign of what heritageconservation implies needs to be launched,

using the mass media. Inculcating a sense ofpride in the built heritage is an uphill task, con-sidering that most people's priorities are food,shelter and clothing. However, habits such as lit-tering and defacing monuments need to be tar-geted as being uncivic. Penalising powers mustbe relegated to the public and the local commu-nity. If people are given the authority to punish orpenalise specific misdemeanours, a greatersense of responsibility and ethics may be gener-ated. The responsibility should be shared by con-cerned citizens and the government rather thanthe latter only. A relevant example in this contextis the Society for the Prevention of Cruelty to Ani-mals which permits executive members of thesociety to penalise tonga drivers mistreatingh o r s e s .

Campaigns must be conducted at the districtlevel to identify buildings and sites as worth con-

serving. The adaptive re-use of buildings and themeans to conserve them must be undertaken inconsultation with the local population. A cam-paign to 'adopt a monument' addressing commu-nities or private individuals will have the manifoldbenefits of generating awareness and funding,and promoting the maintenance of monuments.

It is important that the media be utilised tomaximum benefit. The production of special pro-grammes for raising awareness of Pakistan's builtheritage and its relevance to the environmentcan be initiated. Both private and public sectorcompanies must be made to realise the impor-tance of spending a part of their advertising bud-gets on campaigns with public service messagesaimed at raising awareness about the environ-ment. These campaigns will also affect people inthe decision-making process, who often onlyrespond to public opinion. If awareness is incul-cated, resource allocation and compatible usewill follow.

CONSERVATION AS A MEANS OFEDUCATION

Most monuments, archaeological sites andmonument zones in living cities can be

utilised for cultural and historical education. It isimportant that guides and information be madeavailable on-site to enhance this value. Schoolchildren must be encouraged to visit historicalsites as a compulsory part of the curriculum. Acritical component here is education of the edu-cated — after all it is the literate population thatis responsible for the graffiti and defacement onour monuments. Civic sense can only be incul-cated at the school-going level. Our politiciansand bureaucrats also need to be educated forofficial vandalism must be stopped. Importantmonuments like the Lahore Fort and ShalimarGardens are frequent venues for official func-tions and receptions. S h a m i a n a s ( m a r q u e e s )have done greater damage to these monumentsthan visiting tourists. Moreover, the garbage lit-tering the grounds the morning after certainlygives the impression that these officials needcivic education more than the common person.

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TOURISM

Tourism, both domestic and foreign, is a pri-mary source of income for the maintenance

of monuments. It helps preserve rapidly disap-pearing skills in the arts and crafts and providesa source of employment for craftsmen, besidesgenerating employment in allied fields. In 1988,global tourism had a turnover of $1.3 trillion,making it the single largest industry after oil. Itemploys 101 million people globally and about39 million people in Asia. Clearly, it is an areawith phenomenal potential.

A study identifying possible tourist activities indifferent parts of the country stated that of atotal of 45 specific destinations which could bevisited for either "pleasure" or for "cultural/reli-gious" reasons, 34 destinations were interestingor beautiful elements of Pakistan's cultural her-i t a g e1 1. The built heritage can be a primarymotive for tourism, indirectly providing an eco-nomic return on investment. Most returns gener-ally go to hotel or restaurant owners. However,a percentage of revenue, through sightseeingcharges, can be generated for the conservationof monuments.

The responsibility of the Tourism Departmentshould extend to promoting and 'selling' the siteand transporting tourists. It is then up to theDepartment of Archaeology to provide aestheticsatisfaction.

Promotion of tourism does lead to economicbenefits, but its disadvantages must also be keptin view. Tourism affects the local lifestyles of aregion and demands infrastructure which maydestroy ecosystems and cause pollution. Anenvironmental impact assessment study shouldform part of the overall development strategy,prior to the development of tourism infrastruc-ture. Co-ordination between the departments oftourism, archaeology and other developmentagencies is an imperative.

A number of sites which have high visitorappeal such as Moenjodaro, Harappa, Taxilaand Hunza, to name a few, do not have appro-priate transport access, particularly flight services.These must be improved to encourage tourism.

6. POLICY RECOMMENDATIONS FOR HERITAGE CONSERVATION

All the recommendations outlined in thispaper are primarily to:

● Create greater awareness and recognition ofPakistan's heritage.

● Integrate these themes into all developmentprogrammes.

● Conduct environmental impact assessments,with heritage conservation criteria, of alldevelopment activities.Conservation efforts can only be realised if

the public, decision-makers and politiciansunderstand the necessity of preservation andconservation of the heritage. Public opinion hasto be mobilised and generated in this directionat various levels.

The following policy recommendations deal with a wide array of related matters (seeFigure 1):1. Promotion and development of awareness

and its induction at the school level as well asfor the general public.

2. Promotion of training programmes.3. Developing an inventory and comprehensive

documentation of the built heritage.4. Co-ordination between various agencies,

municipalities, universities, research anddevelopment organizations, archaeology,auqaf and tourism departments/corpora-tions.

5. Legislation and administration.6. Tourism promotion and development.7. Economic instruments.

BUILDING AWARENESSSchool Level● School level curricula should include the

importance and significance of our heritageand cover environmental issues and theirimpact on this heritage.

● Courses should be specially conducted forteacher trainers and curriculum developers

NCS SECTOR PAPER 15

16 NCS SECTOR PAPER

FIGURE 1

HERITAGE CONSERVATION PROCESS

so that heritage conservation can be integrat-ed into teaching methods and curriculumdevelopment. It must be recognised thatschool teachers are primary disseminators ofethical values and they will play a vital role inawareness raising.

● Organised guided tours and talks on the her-itage for schoolchildren.

Higher Education● Lectures and joint courses/programmes to be

developed between existing institutions offer-ing courses in architecture, history, sociology,economics and planning, to bring differentdisciplines into a single training programme.Increased liaison between the Department ofArchaeology and institutions of architectureand planning.

Decision-Makers● Special courses and programmes on heritage

at the Civil Services Academy, Staff Collegeand the provincial National Institutes for Pub-lic Administration for decision-makers.

General Public● Use TV and radio to project the value and

importance of heritage through advertise-ments and programmes.

● Formal lectures, exhibitions, posters andpostage stamps to be used as techniques forpublicising heritage and encouraging publicinvolvement; competitions and awards relat-ed directly or indirectly to heritage to beencouraged.

● Greater incentives for the development ofindependent organizations who endeavour toawaken public interest and stimulate citizens'participation in conservation activities.

TRAINING PROGRAMMES● Traditional skills. Promotion of local crafts-

men and artisans proficient in age-old build-

ing and decoration techniques by encourag-ing the formation of associations and guilds,holding exhibitions of their work and recog-nising their skills through awards. Holdingworkshops and training programmes torevive traditional building crafts and toencourage dialogue and teamwork betweenprofessionals, architects and artisans.

● Specialised training. There is a general short-age of suitably trained specialists for heritageconservation work. The total number ofarchitects and planners need to be increased.Technical training must be emphasised bytaking advantage of the facilities offered bythe International Centre for the Conservationof Cultural Property, the United Nations Edu-cational, Scientific and Cultural Organizationand other international agencies, to build upa cadre of specialists to carry out conserva-tion works.

● Training of trainers programmes.

AN INVENTORY OF THE BUILTHERITAGE● An inventory of the built heritage will provide

the foundation for a future conservation poli-cy. Criteria for listing in the inventory has tobe worked out at the national, provincial andlocal levels, and a merit rating system devel-oped for project prioritization. The merit sys-tem may take uniqueness of the site, and itsarchitectural and historical merit (socio-eco-nomic history, association wi th historicevent/person, technical innovation etc.) intoconsideration.

● Prioritization would require a value to beassigned. A cadre of experts are required toassign these values, which will vary whenlooked at from a national, regional or localperspective. They will also vary according tothe perceptions of the people, decision-mak-ers and politicians.

● It is recommended that this task should ini-tially focus on major cities such as Lahore,Multan, Karachi and Peshawar, utilising local

NCS SECTOR PAPER 17

councillors, concerned citizens and profes-sionals. A token grant may be assigned atthe municipality level for the purpose of iden-tifying and listing areas and monumentsdeemed culturally valuable. Existing universi-ties and schools of architecture together withlocal municipalities, could be involved inconducting research and documenting thebuilt heritage. National archives should beestablished where this information may becatalogued and stored.

● Besides involving institutions, a nationwidecampaign inviting people to identify monu-ments/buildings in each area could beundertaken to add on to the inventory. Theconcept of identifying and listing urban cen-tres, historic cities and preservation districtsmust be expedited.

● The years 1988-97 have been declared theWorld Decade for Cultural Development. Anoutline of activities to be incorporated in thisdecade will give special impetus to conserva-tion policies.

● A National Heritage Trust should be estab-lished at the central level with local chaptersat provincial and district levels to co-ordinatethese tasks.

CO-ORDINATION ● Effective co-ordination and co-operation

between the department of archaeology,tourism corporations, municipalities andresearch organizations is the key to maximis-ing benefits.

● Utilising existing resources and infrastructuresuch as the PCSIR laboratories, the buildingresearch stations, university laboratories, PARCand many others for heritage research andthe testing of materials. Architecture depart-ments of various universities can be usefulaids for documentation and research studieson various monuments and urban centres.

● Tourism corporations must co-ordinate withspecialists in the archaeology department fordevelopmental activities such as the construc-tion of approach routes, cafeterias, rest-

houses, hotels etc.● Law enforcing agencies must co-ordinate

and co-operate to prevent encroachmentsand damage to listed monuments. Encroach-ments are violations of the Antiquities Actand are common features around protectedmonuments.

● Public sector agencies laying utility lines mustco-ordinate with specialists engaged in con-servation work, specially in inner city conser-vation zones, prior to undertaking any action.

LEGISLATION AND ADMINISTRATION● The Antiquities Act needs to be amended to

allow for the creation of conservation areasand districts to protect against environmentaldisturbances. Consideration has also to begiven to the implementation of legislation:responsible agencies have not been success-ful and accountability should be diverted tothe people through awareness campaignsand through instituting severe penalties forthose who violate the law.

● Advisory committees have to be establishedat the federal and provincial level under theAntiquities Act, a task that must be undertak-en immediately.

● Issues of heritage conservation should bepropagated through the union council anddistrict development programmes; environ-mental impact assessments of all develop-ment projects in heritage conservation areasshould involve teams of architects and con-servationists.

● Facade control legislation should be enactedfor declared conservation districts.

TOURISM PROMOTION ANDDEVELOPMENT● Tourism development policies must look into

the positive and negative impacts of tourismto reduce its disruptive impact and maximiseits advantages.

● The infrastructure to encourage domestic and

18 NCS SECTOR PAPER

international tourism must be developed.Building activity — specially in monumentzones — must be carefully evaluated byexperts prior to construction. Feasibility stud-ies can be conducted to revitalise monumentsand renovate them for present day use.

● Pilgrimage to various shrines is a very impor-tant facet of domestic tourism. It providesmanifold benefits to the local population.Feasibility studies are recommended for theimprovement of facilities in these areas.

● Promotional material, for example, travellingexhibitions, films, posters, literature etc. shouldbe developed in co-ordination with transportagencies (railways and airlines), municipali-ties, development authorities, archaeologyand auqaf departments. Specific programmescan be developed for distinctive cultures suchas the Indus Valley, Gandhara, Hindu, Mus-lim, Mughal and Colonial.

ECONOMIC INSTRUMENTS(INCENTIVES AND PENALTIES)● The recommendations mentioned do not

require extensive funds. The infrastructure isalready available, and only the approach ofinducting heritage conservation as part andparcel of development activity needs to beadopted. Additional incentives can be givento private owners and tenants of historicbuildings in the shape of low-interest long-term loans and tax exemptions. Tax incentivesand waivers can be used as effective tools toencourage the use of buildings or the spon-sorship of monuments by private sector indus-trialists, societies, groups, trusts and commu-nities. Monuments which have popular touristappeal generate their own funds and thesemust be utilised for the maintenance andpreservation of these particular monumentsrather than being deposited in the centralt r e a s u r y .

● The government and public bodies may haveto set an initial example to be followed by theprivate sector. Awareness of conservation

and generation of funds must begin withpublic sector corporations and, possibly, out-right grants by the government.

● Preservation and restoration is a highly spe-cialised task that may require additional aidor grants for initial conservation and mainte-nance work, besides specialist interaction.Adaptive re-use of monuments may also betaken into consideration for the generationof funds.

● Severe penalties must be imposed on thosedestroying listed buildings or conservationareas. Modern advertisements, signs, hoard-ings, traffic violators etc. must be punishableas per existing legislation (Antiquities Act).

● Public sector agencies involved in laying utili-ty lines (electricity, telephone, sewage etc.)must allocate specific budgets to deal withthe constraints of historic areas. This will benecessary for undertaking works of a spe-cialised nature such as underground cablingor designs for the laying of services.

● Outright grants should be made to owners inreturn for conservation efforts. The grantscould cover payment for part of the work orfor all the restoration. In the latter case, anadditional incentive would be to announcethe grant as part of an award e.g. Best Con-servation Effort of the Year.

● Economic incentives must be given to crafts-men and technicians involved in conservationthrough loans and credit schemes.

7. ACTION PLAN

The recommendations outlined here areaimed at stimulating awareness of our builtheritage as well as reviving respect for our

cultural traditions. The proposed action plan isbased on the premise that it must not be over-ambitious and that each phase must show visi-ble results. For the plan to be successful it isimportant to select projects which have a goodchance of being successful and which can posi-tively contribute to society at large.

An Action Committee on heritage conserva-

NCS SECTOR PAPER 19

tion must be formed immediately to oversee therecommendations suggested in the action plan.It must include persons from agencies dealingwith cultural heritage such as the Department ofArchaeology, Lok Virsa, the Small IndustriesCorporation, the Pakistan Tourism Develop-ment Corporation, the Tourism DevelopmentCorporation of Punjab, the Arts Council and theInstitute of Architects as well as representativesfrom project areas where work is to be initiated.

The action committee should co-ordinatewith all departments, agencies, and local coun-cils as well as with NGOs such as the LahoreConservation Society and the Anjuman-e-Mimaran to identify projects and priorities. Itshould hold workshops/seminars with membersof these agencies to identify projects/areas ineach district.

One important task of the action committeeis to develop an independent, private or semi-private organization. This organization will bemade up of a number of trustees, some annual-ly appointed by the government, others electedfrom business organizations, along with con-cerned citizens from various walks of life such asindustrialists and bankers. The trust should beofficially recognised by the government througha grant of capital or land, to provide evidence oftangible government support for i ts work.Trustees from the government may be ministers,secretaries or directors of agencies concernedwith the built heritage. Trustees elected frombusiness organizations would have to contributemoney to the trust. The executives of the trustincluding the secretary, resident architect and anaccountant should be salaried persons. Anation-wide media campaign will help preparethe public to come forth to support an organiza-tion of this nature.

A series of detailed studies need to be under-taken for outlining feasible projects on heritageconservation. Given the premise that the gov-ernment has limited funds available, it is imper-ative that options using private sector fundingare given priority. Major responsibilities forimplementation must be shouldered by NGOsand private entrepreneurs.

The studies that need to be immediately initi-ated are:● Guidelines for formulating an inventory of

buildings, conservation areas and gardens ofhistoric significance.

● The establishment of a national register(inventory) and the development of criteria forthe selection and grading of the built her-i t a g e .

● Development of a framework and guidelinesfor undertaking work on listed monuments bythe public and private sectors.

● Feasibility studies on undertaking develop-ment plans/programmes in areas with limit-ed infrastructure.1. A plan for the development of crafts,

industries and tourism infrastructure at:i. Derawar Fort, Cholistan.ii. Tharparkar.iii. Taxila region.

2. A development plan for Ucch Sharif incor-porating conservation programmes anddevelopment of facilities for pilgrims andtourists.

● Feasibility studies for action plans in historicsmall towns such as Tulamba, Bhera andThatta.

● Adaptive re-use of buildings for public use.The action committee should immediatelyselect buildings of historical significance ineach district and undertake studies on theadaptive re-use of these structures. The optionof forming partnerships with private develop-ers to finance these projects should be investi-gated and encouraged.The action committee must decide, alongwith private developers, on the frameworkwithin which any alteration, demolition or usecan be proposed for a building prior toundertaking any action. Examples of suchbuildings are Tollington Market in Lahore,the Hindu Gymkhana in Karachi, largehavelis and residences in the Walled Cities.They could be converted into buildings forpublic use such as hotels, museums, craftsschools etc.Besides this, a series of actions can be

20 NCS SECTOR PAPER

immediately undertaken under a phased pro-gramme. These can be implemented by theconcerned departments under whose jurisdic-tion the solution lies. All actions proposed mustbe preceded and followed up by an awarenesscampaign using the mass media. The actioncommittee can ensure correct implementationand monitor progress.

HISTORIC CITY CENTRES

These include selected areas in all majorcities of the country, such as the Walled

Cities of Lahore, Peshawar, Multan, and areassuch as Kharadar in Karachi. All these are highdensity, residential/commercial areas withrampant building violations, encroachments,unsanitary conditions, poor refuse collection,and haphazard, dangerous electric service lines y s t e m s .

Immediate Action● Small areas within these localities can be

selected for immediate clean-up drives by thepeople, aided by the development agenciesin charge of the areas.

● All encroachments to be removed in theseareas. Shopkeepers and hawkers should beconsulted to ascertain alternative locations oropportunities to conduct business prior totaking any such action.

Short-Term Action● All building violations must be stringently

controlled and building by-laws strictlyobserved.

● Areas selected must be such that they can beturned into pedestrian zones free of anyvehicular traffic. Road surfaces should bepaved to discourage the possibility of traffic.

Long-Term Action● Within these areas, buildings belonging to

the Auqaf or the Evacuee Property Trust

Board to be taken up as projects for publicuse. Short feasibility studies to be conductedprior to undertaking this exercise.

● Dangerous buildings to be demolished if theyare not within the listing criteria and openspaces rescued for public use.

● Landscaping and tree plantation to beencouraged in these areas.

HISTORIC BUILDINGS UNDER USE BYPUBLIC SECTOR AGENCIES

Anumber of buildings which need to be listedare presently the responsibility of public sec-

tor agencies (federal and provincial). Thesebuildings are owned by the Evacuee PropertyTrust or by the Auqaf and government depart-ments. The latter have also rented private prop-erties which may be buildings that need to belisted.

The PWD or the buildings department of therespective agency are in charge of the mainte-nance of these properties. Unfortunately, thebuildings are maintained in very poor condi-tion. Rampant changes and extensions areundertaken without any respect for the build-ings' original character. The immediate environ-ment of these structures is not maintained,encroachments are frequent, and boundarywalls are plastered with billboards, posters andgraffiti because of the total apathy on the partof users and the public towards these buildings.

Examples of buildings that would be takenup include the District Courts and State BankBuilding, Lahore; Mereweather Tower, Karachi;a number of rest-houses built during the Britishperiod, schools e.g., Haveli Nau Nehal Singhunder the Education Department, TollingtonMarket, Lahore and Empress Market, Karachi.

Immediate ActionAs a first step, the buildings must be cleared ofall encroachments and their immediate environscleared. Encroachers should be involved in thedecision-making process to determine alterna-

NCS SECTOR PAPER 21

tives sites and opportunities. No additions oralterations must be permitted to the structure. Allsuch buildings must be accessible to the publicwith a prominently displayed sign stating thatthey are listed buildings.

Short-Term ActionThe PWD/buildings departments must create aconservation team to handle work on all build-ings of merit/historical significance.

Documentation of the buildings must beundertaken in detail and displayed in a promi-nent location, preferably within the building.

Long-Term ActionEngineers and architects in all building depart-ments must undergo a rigorous, short-termtraining programme in conservation methods atthe Institute of Training established by theDepartment of Archaeology at the Lahore Fort.

UPGRADING AND CONSERVATION OF SHOPPING AREAS

Shopping areas such as Bohri Bazar (Karachi),Hussain Agahi (Multan) and Anarkal i

(Lahore) are popular with all categories of peo-ple. Most of these historic shopping areas aredirty and unhygienic and marred by a generallychaotic and dilapidated atmosphere. Theseareas have declined primarily due to traffic andencroachments by hawkers, resulting in poorpedestrian flow and movement. There is a gen-eral lack of public amenities such as toilets andcar parking.

Immediate ActionThese areas must be immediately cleared of allencroachments. The means to do so must bedeveloped involving the people affected. Regular and thorough removal of garbagemust be undertaken by the municipalities con-c e r n e d .

Short-Term Action

Studies to be undertaken to pedestrianise theareas and create parking lots. Dangerousbuildings to be acquired and open spacesdeveloped for hawkers and public amenities.Night and Juma bazars will further revitalisethese areas.

Long-Term ActionStudies to be undertaken for retaining thefacades of buildings of merit and drawing up ofa framework for the design of new buildings inthe area.

FUND GENERATION FOR HERITAGE CONSERVATION

Means for revenue generation have beenlisted in detail in Section 5.

Immediate ActionThe entry fees presently levied by the Depart-ment of Archaeology must be enhanced. Largemonuments offering additional interior areas ofinterest — such as the Shish Mahal or museumswithin the Lahore Fort — should levy supple-mentary fees for these areas.

The money generated from the monumentsmust be spent on their maintenance and it isrecommended that the central treasury matchthe funds generated by these monuments.

Short-Term ActionEstablishment of a special fund by federal andprovincial governments for conservation pro-jects.

Long-Term ActionTax exemptions to be given to developers andowners engaged in undertaking work in conser-vation districts.

22 NCS SECTOR PAPER

RESEARCH AND EDUCATION

There is a general lack of research in this fieldand no research and documentation centres

for heritage conservation.

Immediate ActionAll existing work, research projects on conserva-tion and documentation of buildings conductedin architectural institutions — the National Col-lege of Arts, Lahore, Dawood College of Engi-neering and Technology, Karachi, and the Uni-versity of Engineering and Technology, Lahore— must be published. Selected studies/projectsshould be put on permanent display for the pub-lic at appropriate places.

Short-Term ActionShort courses in conservation to be initiated forengineers and architects employed in buildingdepartments at the federal and provincial levelat venues such as the Staff College, NationalInstitutes of Public Administration and the Insti-tute of Training set up at the Lahore Fort.

Long-Term Action● Establishment of a graduate programme in

conservation studies affiliated with schools ofarchitecture and other research centres.

● Research centres to be established at loca-tions where groups of historic buildings of aparticular period or type are found, e.g.,Ghandharan cul ture, arts and crafts inLahore city; Sultanate and pre-Sultanatearchitecture at Ucch Sharif.The objective of the research centres would

be to promote conservation activi ty in theregion. Implementation of conservation of mon-uments and documentation of sites and monu-ments can be undertaken at these centres.Museum/exhibition halls are proposed withinthese research centres, along with residentialfacilities for research scholars.

These research centres can be run by the

Department of Archaeology, within existingbuildings in the area which need to be preservedbut could be re-adapted for this use.

PROTECTED MONUMENTS WITH THEDEPARTMENT OF ARCHAEOLOGY

The Department of Archaeology has not beenvery effective in undertaking work on its pro-

tected monuments as indicated in Sections 3and 4.

Immediate ActionStrict vigilance should be enforced to avoidencroachments in and around protected monu-ments as outlined in the Antiquities Act. Viola-tors should be consulted for alternatives. Theimportance of the monument will determine theseverity of action to be taken. The respectiveagencies under whose jurisdiction the issue liesmust co-ordinate their action to implement thel a w .

Short-Term Action● Advisory Committees as recommended by

the Antiquities Act be immediately formedwith membership proposed in Section 5.

● All annual funds allocated for repair andmaintenance be made non-lapsable.

Long-Term ActionDeclaration of protected zones around monu-ments and development of master plans forareas around monuments in co-ordination withother agencies.

LEGISLATIONThe Antiquities Act needs to be amended.● The Act defines "ancient" as "belonging or

relating to any period prior to May, 1857".This date needs to be updated to include anumber of buildings built during the British

NCS SECTOR PAPER 23

period.● The Advisory Committee has yet to be con-

sulted as given in the Antiquities Act. Thismust be done immediately and its member-ship amended.

● The Act must also be amended to include notjust individual monuments but allow for thecreation of conservation areas or entire zones.

● Facade control legislation needs to be enact-ed for conservation zones/districts.

24 NCS SECTOR PAPER

1. UNESCO. 1982. World Conference on Cultural Policies — Problems and Prospects, 26 July - 6 August 1982, MexicoCity. Paris: UNESCO.

2. Kuban, Dogan. N.d. Towards Better Protection of the Islamic Architecture Heritage. UNESCO, World Cultural Heritageand Information Bulletin14.

3. List of Historical Monuments (Auqaf and Non-Auqaf), Directorate of Archaeology, Auqaf Department, Punjab.

4. Khan, Rashid Ahmed and Sanullah Muhammed Feroze Khan. 1988. Management Study of the Department of Archae -ology and Museums. Islamabad: Operations and Maintenance Division, Government of Pakistan.

5. Pakistan Environmental Planning and Architectural Consultants. 1987. Management of Cities Policy. Islamabad: Envi-ronment and Urban Affairs Division, Ministry of Housing and Works.

6. UNEP. 1977.

7. Sanday, J. and J. Smyth. 1981. Conservation of the Culture Heritage with Special Reference to Tourism.P a r i s :UNESCO.

8. Khan, Rashid Ahmed and Sanullah Muhammed Feroze Khan. 1988.

9. Farah, Ali. 1983. Revitalization of Empress Market, Saddar, Karachi. Bachelor's Thesis, Department of Architecture,Dawood Engineering College of Technology, Karachi.

10. Jaffery, Zaigham. 1980. Historic Preservation Act for Karachi. Karachi: Sindh Design Bureau, Karachi DevelopmentAuthority.

11. Sanday and Smyth. 1981.

ENDNOTES

1. Cultural Heritage:Cultural heritage as defined by the UnitedNations Educational, Scientific and CulturalOrganization's Convention Concerning theProtection of the World Cultural and NaturalHeritage:

a. Monuments:Architectural works, works of monumentalsculpture and painting, elements or struc-ture of an archaeological nature, inscrip-tions, cave dwellings and combinations offeatures which are of outstanding univer-sal value from the point of view of history,art or science.

b. Groups of Buildings:Groups of separate or connected build-ings which because of their architecture,their homogeneity or their place in thelandscape are of outstanding universalvalue from the point of view of history, artor science.

c. Sites:Works of man or combined works ofnature and of man and areas includingarchaeological sites which are of out-

standing universal value from the histori-cal, aesthetic, ethnological or anthropo-logical points of view.

2. Preservation:Preservation of a monument implies under-taking all measures to retain the existingform, or the form that the monument is dis-covered in and undertake means to preventany further decay or change in the monu-ment. Whilst preserving a monument, to pre-vent further decay a certain amount ofrestoration work may be mandatory. Mainte-nance of a building/structure would fallunder the definition of preservation.

3. Restoration:Restoration implies reconstruction of specificform be it structural or art/craft oriented to asclose as possible to its original form. Restora-tion of the built heritage demands a technicalknowledge and knowhow of the structure, thebuilding material utilized and craft techniquesprior to undertaking this measure. Restorationis a delicate operation and is reserved forexceptional circumstances only to be under-taken by specialists. Its aim is to preserve andreveal the aesthetic and historical value of the

NCS SECTOR PAPER 25

ANNEX 1

● ● ● ● ● ● ● ● ● ● ● ●

TERMS USED INCONSERVATION WORK

26 NCS SECTOR PAPER

monument based on respect for originalmaterial and authentic documents.Replacement of missing or decayed partsmust integrate harmoniously with the wholebut must be distinguishable on close inspec-tion from the original so as not to falsifyartistic or historical evidence.National assets as well as living monumentsdemand restoration works upto a certainlimit. The limits of restoration may be decid-ed from monument to monument.

4. Recycling:To find suitable uses which may help in theconservation of the built asset. This processmay result in better maintenance of the struc-ture or generate revenue which may be auseful input for conservation. Recycling mayresult in certain additions or alterations of theoriginal form, thereby destroying the originalcharacter of the structure. Careful analysishas to be undertaken to understand theextent of change that a built form would beable to take. Moreover not all categories ofthe heritage can undergo recycling.

5. Enhancement:Cities, villages and large sites which demandconservation for the sake of the special char-acter that they possess, or the "group value"

that is associated with them, which demandsmore than mere selection of a few individualbuildings for preservation, restoration, recy-cling. To undertake conservation of a largearea, the approach has to be to protect andenhance the special character of the area.Enhancement of an area will require lookinginto land utilization patterns including traffic,landscaping, commerce etc.

6. Reproduction:Reproduction entails copying an exact arti-fact, often in order to replace some missingor decayed part to maintain aesthetic harmo-ny. If a valuable cultural property is beingdamaged irretrievably or is threatened by itsenvironment, it may be moved to a moresuitable environment. A reproduction is thusoften substituted in order to maintain theunity of the site or building (B.M. Feilden).

7. Preservation District:A preservation district is defined as a topo-graphical area which is of special valuebecause of its interest from any one or sever-al of the following point of views: scientific,cultural, aesthetic, archaeological, historical,anthropological, and ethnological. A preser-vation district may incorporate part of alandscape, a human settlement or both.

Balochistan

NWFP

Sindh

NCS SECTOR PAPER 27

ANNEX 2

● ● ● ● ● ● ● ● ● ● ● ● ● ● ●

PROTECTED SITES AND MONUMENTS BY

DISTRICT AND CATEGORY ARCHAEOLOGY

District Archaeological Sites Monuments

I II III Total % I II III Total %

Kachhi – 1 – 1 5.6 – – – – –Kalat – 1 – 1 5.6 – – – – –Kharan 1 1 – 2 11.1 3 1 – 4 44.4Loralai – – 3 3 16.7 – – – – –Nasirabad – 1 – 1 5.6 – – – – –Quetta – – 10 10 55.6 – – – – –Lasbela – – – – – 2 1 1 4 44.4Sibi – – – – – 1 – – 1 11.1Total 1 4 13 18 6 2 1 9%* 5.6 22.2 72.2 100 66.7 22.2 11.1 100Abbottabad 3 1 14 18 37.5 1 1 – 2 15.4Bannu – 2 2 4 8.3 – – – – –D.I. Khan 2 – – 2 4.2 1 2 – 3 23.1Mansehra 1 1 – 2 4.2 1 1 – 2 15.4Mardan 2 4 7 13 27.1 2 1 – 3 23.1Peshawar – 3 6 9 18.8 2 1 – 3 23.1Total 8 11 29 48 100 7 6 – 13 100%* 16.7 23 60.4 100 53.9 46.2 0 100Badin – – 1 1 3.6 – – – – –Dadu – 1 12 13 46.4 2 – 1 3 3.2Thatta – 1 – 1 3.6 17 17 – 34 35.8Khairpur 1 – 1 2 7.1 – 1 – 1 1.1Larkana 1 2 1 4 14.3 1 2 – 3 3.2Nawabshah – 1 – 1 3.6 3 – – 3 3.2Sanghar – 1 1 2 7.1 1 – – 1 1.1Sukkur – – 1 1 3.6 1 2 – 3 3.2Tharparkar – – 3 3 10.7 1 19 5 25 26.3Hyderabad – – – – – 10 5 1 16 16.8Karachi – – – – – 4 1 1 6 6.3Total 2 6 20 28 100 40 47 8 95 100%* 7.1 21.4 71.4 100 42.1 49.5 8.4 100

28 NCS SECTOR PAPER

NORTHERN CIRCLE1. Jehangir's tomb Lahore2. Noor Jahan's tomb Lahore3. Rohtas fort Jhelum4. Asif Khan's tomb Lahore5. Akbari sarai and mosque Lahore6. Lahore gate Lahore7. Allama Iqbal's residence Lahore8. Tomb of Shaikh Ali Gujrat9. Baoli at Jandiala Sher Khan Sheikhupura

10. Mosque near Baoli and Jandiala Sher Khan Distt. Sheikhupura11. Special electrification work at Shalamar Lahore12. Lahore fort Lahore13. Hiran minar and tank Sheikhupura14. Fort Sheikhupura15. Jani Khan's tomb16. Harappa remains Harappa17. Bhati gate Lahore

SOUTHERN CIRCLE1. Ghulam Nabi Kalhora's tomb Hyderabad2. Kirar-ki-mosque Nasarpur3. Archaeological site Mansura4. Yar Muhammad Kalhora's tomb and adjacent mosque Khudabad5. Shah Baharo's tomb Larkana

NCS SECTOR PAPER 29

ANNEX 3

● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ●

MONUMENTS AND SITES: MAJOR RENOVATION WORK UNDERTAKEN

6. Naukot fort Distt. Tharparkar7. Mosque inside Kalan Kot fort Thatta8. Chaukandi tombs Landhi, Karachi9. Baloch tomb Malir, Karachi

10. Nawab Amir Khan's mosque Thatta11. Building with two domes Thatta12. Fortification wall, Hyderabad Fort Hyderabad13. Mir's tomb Hyderabad14. Ghulam Shah Kalhora's tomb Hyderabad15. Kot Diji fort Kot Diji16. Umerkot fort Umerkot17. Makli monuments Thatta

PESHAWAR SUB-REGION1. Tombs Lal Mohra Sharif2. Sirkap site Taxila3. Chirtop site Taxila4. Mohra Moradu site Taxila5. Jaulian site Taxila6. Shingardar stupa Swat7. Butkara site Swat8. Udegram bazar Swat9. Gorkhatree Peshawar

10. Boundary wall around museum Swat11. Jamal Garhi site Distt. Mardan12. Nimogram site Swat13. Mughal garden at Wah Distt. Attock14. Mankiyala Stupa Distt. Rawalpindi

QUETTA SUB-REGION1. Tomb of Muhammad Bin Qasim Harun, Lasbela2. Kharan fort Kharan

Source: Khan, Ahmad Nabi. 1980. Archaeology in Pakistan — Administration, Legislation and Control. Islamabad: Depart-ment of Archaeology & Museums, Ministry of Culture, Sports and Tourism, Government of Pakistan.

30 NCS SECTOR PAPER

EXPLORATION

1. Survey in Multan and Faisalabad districts, Punjab 19632. Survey in Sahiwal district, Punjab 1971 3. Survey in Attock and Rawalpindi districts, Punjab 19724. Extensive explorations in northern Balochistan

(Zhob, Loralai, Quetta and Kalat districts) 19725. Extensive explorations in southern Sindh (Thatta and Hyderabad districts) 19726. Extensive explorations in Cholistan and Bahawalpur region

(Bahawalnagar, Bahawalpur and Rahim Yar Khan districts) Punjab 1974-777. Explorations around Mian Ali Faqiran, district Sheikhupura, Punjab 1981-82

EXCAVATION

1. Mohenjodaro, Sindh 1950 & 19822. Bhambore, Sindh 1951, 1958-633. Naru Waru Dharo, Sindh 19554. Kot Diji, Sindh 1955-565. Charsada, NWFP 19586. Lahore fort, Punjab 19597. Qutubuddin Aibak's tomb, Lahore, Punjab 19568. Talumba, Punjab 1963-649. Bagar, Punjab 1965

10. Harappa, Punjab 1966

NCS SECTOR PAPER 31

ANNEX 4

● ● ● ● ● ● ● ● ● ●

SITES: EXPLORED OR EXCAVATED

11. Mansura, Sindh 1966-68, 1977-781985-86

12. Bhir mound, Punjab 196713. Pan Dheri, NWFP 196714. Nimogram, NWFP 1967-6815. Manikyala, Punjab 196816. Sarai Khola, Punjab 1968-7217. Zarif Karuna, NWFP 197118. Satgarah, Punjab 197119. Jalilpur, Punjab 1976 & 197620. Jhukar, Sindh 1973-7421. Jhang, Punjab 197422. Megaliths (Malir) Sindh 197523. Mian Ali Faqiran, Punjab 1978-8124. Chinkolai, NWFP 1979-8025. Hathial mound, Punjab 1980-82 & 198826. Haji Shah Morr, Punjab 1985-86

Source: Khan, Ahmad Nabi. 1980. Archaeology in Pakistan — Administration, Legislation and Control. Islamabad: Depart-ment of Archaeology & Museums, Ministry of Culture, Sports and Tourism, Government of Pakistan.

32 NCS SECTOR PAPER

NCS SECTOR PAPER 33

ISLAMIC REPUBLIC OF PAKISTAN

ANTIQUITIES ACT 1975 (VII OF 1976)DEPARTMENT OF ARCHAEOLOGY, MINISTRY OF EDUCATION &

PROVINCIAL CO-ORDINATION, KARACHI, 1976.

AN ACTto repeal and re-enact the law relating to the preservation and protection of antiquities.

WHEREAS it is expedient to repeal and re-enact the law relating to the preservation and protec-tion of antiquities and to provide for matters connected therewith or ancillary thereto:

It is hereby enacted as follows:-

1. Short title, extent and commencement:(1) This act may be called the Antiquities Act, 1975.(2) It extends to the whole of Pakistan.(3) It shall come into force at once.

2. Definitions:In this Act unless there is anything repugnant in the subject or context:(a) "Advisory Committee" means the Advisory Committee constituted under section 3;(b) "ancient" means belonging or relating to any period prior to May, 1857.(c) "antiquity" means:-

ANNEX 5

● ● ● ● ● ● ● ● ● ● ● ●

ANTIQUITIES ACT, 1975

34 NCS SECTOR PAPER

(i) any ancient product of human activity, movable or immovable, illustrative of art,architecture, craft, custom, literature, morals, politics, religion, warfare or science or ofany aspect of civilization or culture,

(ii) any ancient object or site of historical, ethnographical, anthropological, military or sci-entific interest,

(iii) any national monument, and(iv) any other object or class of such objects declared by the Federal Government, by noti-

fication in the official Gazette, to be an antiquity for the purposes of this Act;(d) "dealer" means a person engaged in the business of buying and selling antiquities; and

"deal in antiquities" means to carry on such business;(e) "Director" means the Director of Archaeology, Government of Pakistan, and includes an

Officer authorised by him to exercise or perform all or any of the powers or functions ofthe Director under this Act;

(f) "export" means taking out of Pakistan by land, sea or air;(g) "immovable antiquity" means an antiquity of any of the following descriptions, namely:-

(i) any archaeological deposit on land or under water,(ii) any archaeological mount, tumulous, burial place or place of internment, or any

ancient garden, structure, building, erection or other work of historical, archaeologi-cal, military or scientific interest,

(iii) any rock, cave or other natural object of historical, archaeological, artistic or scientificinterest or containing sculpture, engraving, inscription or painting of such interest, andincludes:(1) any gate, door, window, paneling, dado, ceiling, inscription, wall-painting, wood

work, metal work, or sculpture or any other thing which is attached or fastened toan immovable antiquity;

(2) the remains of an immovable antiquity;(3) the site of an immovable antiquity;(4) such portions of land or water adjoining the site of an immovable antiquity as are

reasonably required for fencing or covering or otherwise preserving such antiquity;(5) the reasonable means of access to, and convenient inspection of an immovable

antiquity; and(6) any urban site, street, group of buildings or public square of special value which

the Federal Government, being of the opinion that its preservation is a matter ofpublic interest by reason of its arrangement, architecture or materials of construc-tion, by notification in the official Gazette, declares to be an immovable antiquityfor the purposes of this Act;

(h) "national monument" means any building, structure, erection, place of internment, garden,portion of land or any other place or thing of national importance as may be determinedand notified as such from time to time by the Federal Government in consultation withAdvisory Committee:

(i) "owner" includes:(i) any person legally competent to act on behalf of the owner, when by reason of infan-

cy or other disability the owner is unable to act;(ii) a joint owner invested with powers of management on behalf of himself and other

joint owners and the successor in interest of such owner; and(iii) any manager or trustee exercising the powers of management and the successor in

office of such manager or trustee;

NCS SECTOR PAPER 35

(j) "protected antiquity" means an antiquity which is declared under section 10 to be a protect-ed antiquity; and

(k) "rules" means rules made under this Act.

3. Advisory Committee:(1) For the purposes of this Act, the Federal Government shall constitute an Advisory Commit-

tee consisting of the following members, namely:(a) the Director, who shall also be its Chairman;(b) one representative each of the Education Division and the Tourism Division;(c) three other persons having special knowledge of antiquities, to be nominated by the Fed-

eral Government.(2) No act or proceeding of the Advisory Committee shall be deemed to be invalid by reason

only of the existence of a vacancy in, or defect in the constitution of, the Committee.

4. Dispute as to whether any product, etc., is an antiquity:If any question arises whether any product, object or site is an antiquity with the meaning of this

Act it shall be referred to the Federal Government which shall, after consultation with the AdvisoryCommittee, decide the same; and the decision of the Federal Government shall be final.

5. Custody, preservation, etc., of certain antiquities:(1) Where the Director receives any information or otherwise has the knowledge of the discov-

ery of existence of an antiquity of which there is no owner, he shall, after satisfying himself as to thecorrectness of the information or knowledge, take such steps as he may consider necessary for thecustody, preservation and protection of the antiquity.

(2) Where the owner of an antiquity is not traceable, the Director may, with the approval ofthe Federal Government, take such steps as he may consider necessary for the custody, preservationand protection of the antiquity.

6. Power of entry, inspection, etc.:(1) The Director may, after giving reasonable notice, enter into, inspect and examine any

premises, place or area which or the sub-soil of which he may have reason to believe to be, or tocontain an antiquity and may cause any site, building, object or any antiquity or the remains of anyantiquity in such premises, place or area to be photographed, copied or reproduced by any processsuitable for the purpose.

(2) The owner or occupier of the premises, place or area shall afford all reasonable opportu-nity and assistance to the Director for the purposes of sub-section (1).

(3) No photograph, copy or reproduction taken or made under or for the purpose of sub-sec-tion (1) shall be sold or offered for sale except by or with the consent of the owner of the object ofwhich the photograph, copy or the reproduction has been taken or made.

( 4 ) Where substantial damage is caused to any property as a result of the inspection under sub-section (1), the Director shall pay to the owner thereof reasonable compensation for the damage.

7. Acquisition of land containing antiquities:If the Federal Government has reasonable, grounds to believe that any land contains any

antiquity it may direct the Provincial Government to acquire such land or any part thereof; and theProvincial Government shall thereupon acquire such land or part under the Land Acquisition Act,1894 (I of 1894), as for a public purpose.

36 NCS SECTOR PAPER

8. Purchase, taking lease, etc., of antiquity:(1) The Director may, with the previous sanction of the Federal Government, purchase, or take

lease or accept a gift or bequest of, an antiquity.(2) The Director may receive voluntary contributions and donations for the acquisition, preser-

vation or restoration of antiquities and may make suitable arrangements for the management andapplication of the fund created by such contributions and donations:

Provided that a contribution or donation made for any specified purpose shall not be applied toany purpose other than that for which it has been made.

9. Right of pre-emption in case of a sale of antiquity:(1) Where the Director receives any information or otherwise has the knowledge that any

antiquity or any immovable property containing an antiquity is offered for sale or is about to be sold,he may, with the approval of the Federal Government, exercise the right of pre-emption with respectto such antiquity or property and, if he intends to exercise the right, shall give to the person compe-tent to sell a notice in writing accordingly.

(2) If the Director does not exercise with respect to any antiquity or property the right of pre-emption within a period of three months from the date of notice given under sub-section (1), theantiquity or property may be sold to any person after the expiry of the said period and a notice ofsuch sale shall be given to the Director.

(3) Save as provided in sub-section (2), no antiquity or property in respect of which a noticeunder sub-section (1) has been given shall be sold to any person.

(4) All sales in contravention of sub-section (3) shall be void and the antiquity or property sosold shall be forfeited to the Federal Government.

10. Declaration of protected antiquities:(1) The Federal Government may, by notification in the official Gazette, declare any antiquity

to be a protected antiquity for the purposes of this Act.(2) A copy of a notification under sub-section (1) shall be served on the owner of the antiquity

and, in the case of an immovable antiquity, shall also be fixed up in a conspicuous place of or nearthe antiquity.

(3) A notification under sub-section (1) shall, unless it is cancelled by the Federal Government,be conclusive evidence of the fact that the antiquity to which it relates is a protected antiquity for thepurposes of this Act.

(4) Antiquities declared to be protected antiquities under the Antiquities Act, 1968 (XIV of1968), and ancient monuments deemed to be protected antiquities for the purposes of that Act, shallbe deemed to be protected antiquities for the purposes of this Act.

11. Representation against declaration of protected antiquities:(1) The owner of an antiquity to which a notification under section 10 relates, or any person

having any right or interest in the antiquity, may, within three months of the service of a copy of thenotification, make a representation in writing to the Federal Government against the notification.

(2) Upon the receipt of a representation under sub-section (1) against a notification, the Fed-eral Government, after giving the person making it an opportunity of being heard and after consul-tation with the Advisory Committee, may, if it is satisfied that there are good and sufficient reasonsfor objection to the notification, cancel it.

NCS SECTOR PAPER 37

12. The guardianship of antiquity by agreement:(1) The owner of any immovable antiquity or protected antiquity may, by an agreement in

writing constitute the Director the guardian of such antiquity and the Director may, with the previoussanction of the Federal Government, accept such guardianship.

(2) Where the Director has accepted the guardianship of an antiquity in pursuance of anagreement under sub-section (1), the owner shall, except as expressly provided in this Act and in theagreement, have the same right, title and interest in and to the antiquity as if the Director had notbeen constituted the guardian thereof.

(3) An agreement under this section in relation to an antiquity may provide for all or any ofthe following matters, namely:

(a) the maintenance of the antiquity;( b ) the custody of the antiquity and the duties of any person who may be employed to watch it;(c) the restrictions upon the right of the owner to alienate, destroy, remove, alter or deface the

antiquity or to build on or near the site of the antiquity;(d) the facilities of access to be allowed to the public;(e) the facilities to be allowed to persons deputed by the owner or the Director for inspection

and maintenance of the antiquity;(f) the expenses to be incurred in connection with the preservation of the antiquity and pay-

ment of such expenses if incurred by the owner;( g ) compensation to be paid for any loss sustained by the owner or occupier or any other

person as a result of the enforcement or observance of the agreement; and ( h ) any other matter connected with the custody, management and preservation of the antiquity;(4) The terms of an agreement under this section may be altered from time to time with the

sanction of the Federal Government and with the consent of the owner.(5) An agreement under this section in relation to an antiquity may be terminated upon six

month’s notice in writing given by the Director, with the previous sanction of the Federal Govern-ment, to the owner or by the owner to the Director.

13. Purchasers at certain sales and persons claiming through owner bound by agree-ment entered into by owner:Notwithstanding anything contained in any other law for the time being in force, every person,

who, at a sale for the recovery of arrears of land revenue or any other public demand, purchasesany land or property, or any right or interest in land or property, which contains, or in which is situ-ated an antiquity in respect of which an agreement under section 12 subsists, and every personclaiming any title to any antiquity from, through or under an owner who entered into such agree-ment, shall be bound by such agreement.

14. Application of endowment for maintenance and preservation of antiquity:(1) Where any endowment has been created for the maintenance and preservation of any

protected antiquity, for or that purpose among others, and the owner or other person competent inthis behalf fails in the proper application of such endowment and, when proposed to him by theDirector, refuses or fails to enter into an agreement under section 12, the Director may, for the prop-er application of such endowment or part thereof, institute a suit in the Court of the District Judge,or, where the estimated cost of maintaining and preserving the antiquity does not exceed one thou-sand rupees, make an application to the District Judge.

(2) On the hearing of an application under sub-section (1), the District Judge may summonand examine the owner and any person whose evidence appears to him necessary, and may pass

38 NCS SECTOR PAPER

an order for the proper application of the endowment or of any part thereof, and any such ordermay be executed as it it were the decree of a Civil Court.

15. Compulsory acquisition of protected immovable antiquity:(1) If the Federal Government apprehends that a protected immovable antiquity is in danger

of being destroyed, injured or allowed to fall into decay, it may, after consultation with the AdvisoryCommittee, direct the Provincial Government to acquire such antiquity or any part thereof; and theProvincial Government shall thereupon acquire such antiquity or part under the Land Acquisition Act,1894 (I of 1894), as for a public purpose.

(2) The power of compulsory acquisition under sub-section (1) shall not be exercised in thecase of —

(a) any antiquity which or any part of which is periodically used for religious observances; or(b) any antiquity which is the subject of a subsisting agreement under section 12; or(c) any other antiquity unless the owner or other person competent in this behalf has, when

proposed to him by the Director, failed to enter into an agreement under section 12 withinsuch period, not being less than six months, as the Director may fix.

16. Compulsory acquisition of movable antiquities:(1) If the Federal Government is of the opinion that any movable antiquity should, by reason

of its cultural, historical or archaeological importance, be acquired for the purpose of preservation,the Federal Government may, by order in writing addressed to the owner, acquire such antiquity:

Provided that the power to acquire under this sub-section shall not extend to —(a) any image or symbol in actual use for the purpose of any religious observance; or(b) anything which the owner desires to retain on any reasonable ground personal to himself

or to any of his ancestors or to any member of his family.(2) When an order under sub-section (1) has been served upon the owner, the antiquity to

which the order relates shall immediately vest in the Federal Government free from all encum-brances and the owner shall be entitled to compensation, the amount of which shall be determinedin the manner, and in accordance with the principles, hereinafter set out, that is to say —

(a) where the amount of compensation can be fixed by agreement, it shall be paid in accor-dance with such agreement;

(b) where no such agreement can be reached, the Federal Government shall appoint as arbi-trator a person who has been, or is qualified for appointment as, a Judge of a High Court;

(c) at the commencement of the proceedings before the arbitrator, the Federal Governmentand the person to be compensated shall state what in their respective opinions is a fairamount of compensation;

( d ) the arbitrator in making his award shall have regard to the price which the antiquity is likelyto fetch on a sale in open market between a buyer and a seller independent of each other;

(e) an appeal shall lie to the High Court against any award of an arbitrator except in casewhere the amount thereof does not exceed an amount prescribed in this behalf by rules;and

(f) save as provided in this sub-section and in any rules made in this behalf, nothing in anylaw for the time being in force shall apply to arbitrations under this sub-section.

17. Protection of place of worship from misuse, etc.:(1) A place of workshop or shrine, being an antiquity maintained by the Federal Government,

shall not be used for any purpose inconsistent with its character.

NCS SECTOR PAPER 39

( 2 ) A place of worship or shrine in respect of which the Director has accepted guardianshipin pursuance of an agreement under section 12 shall, unless the agreement otherwise provides,be maintained by the person in whom it is vested or, if there is no such person, by the FederalG o v e r n m e n t .

(3) Where any antiquity in respect of which the Federal Government has acquired any rightunder this Act or the Director has accepted guardianship is periodically used for religious worship orobservances by any community, the Director shall provide for the protection of such antiquity frompollution or desecration —

(a) by prohibiting the entry therein, except in accordance with the conditions prescribed withthe concurrence of the person in charge of the antiquity, of any person not entitled so toenter by the religious usages of the community by which the antiquity is used; and

(b) by taking with the concurrence of the person in charge of the antiquity such other action ashe may think necessary for the purpose.

(4) Whoever contravenes the provisions of sub-section (3) shall be punishable with imprison-ment for a term which may extend to three months, or with fine, or with both.

18. Restriction on use of protected immovable antiquity:A protected immovable antiquity shall not be used for any purpose inconsistent with its charac-

ter or for a purpose other than that directly related to its administration and preservation.

19. Prohibition of destruction, damage etc., of protected antiquities:(1) No person shall, except for carrying out the purposes of this Act, destroy, break, damage,

alter, injure, deface or mutilate or scribble, write or engage any inscription or sign on, any antiquityor take manure from any protected antiquity.

(2) Whoever contravenes the provisions of sub-section (1) shall be punishable with rigorousimprisonment for a term which may extend to three years, or with fine, or with both.

(3) The court trying an offense under sub-section (2) may direct that the whole or any part ofthe fine recovered shall be applied in defraying the expenses of restoring the antiquity to the condi-tion in which it was before the commission of the offense.

20. Restriction on repairs, renovation, etc., of protected immovable antiquity:(1) The owner of a protected immovable antiquity shall not make any alteration or renovation

in, or addition to, the antiquity:Provided that he may, with the permission of the Director, make minor adjustments considered

necessary for the day to day use of the antiquity:Provided further that the work for which permission has been given shall be carried out under

the supervision of the Director or a person authorised by him in this behalf.(2) Whoever contravenes the provisions of sub-section (1) shall be punishable with rigorous

imprisonment for a term which may extend to one year, or with fine, or with both.

21. Direction to the owner to take measures for preservation of antiquity:(1) Where the Director considers that any antiquity is not being preserved or conserved prop-

erly by its owner, the Director may, by order in writing, direct the owner to take such measures for itsproper preservation and conservation, and within such time, as may be specified in the order.

(2) If the owner fails to take the measures specified in the order referred to in sub-section (1),the Director may take all such measures in respect of the antiquity and the expenses incurred for thepurpose shall be recoverable from the owner as an arrear of land revenue.

40 NCS SECTOR PAPER

2 2 . Execution of development schemes and new constructions in proximity to immovablea n t i q u i t y :Notwithstanding anything contained in any other law for the time being in force, no develop-

ment plan or scheme or new construction on, or within a distance of two hundred feet of, a protect-ed immovable antiquity shall be undertaken or executed except with the approval of the Director.

23. Prohibition of bill posting, neon signs, other kinds of advertisements etc.:(1) No person shall put any neon signs or other kinds of advertisement, including bill posting,

commercial signs, poles or pylons, electricity or telephone cables and television aerials, on or nearany protected immovable antiquity.

(2) Whoever contravenes the provision of sub-section (1) shall be punishable with rigorousimprisonment for a term which may extend to one year, or with fine which may extend to ten thou-sand rupees, or with both.

(3) The court trying an offense under sub-section (2) may direct that the whole or any part ofthe fine recovered shall be applied in defraying the expenses of restoring the antiquity to the condi-tion in which it was before the commission of the offense.

24. Penalty for counterfeiting etc., of antiquity:(1) Whoever counterfeits or commits forgery in respect of any antiquity with intent to commit

fraud or knowing it to be likely that fraud will thereby be committed, or causes anything to appearlike, or to be believed to be, an antiquity with intent to cause wrongful gain to one person or wrong-ful loss to another person, shall be punishable with imprisonment for a term which may extend to sixmonths or with fine, or with both.

(2) The court trying an offense under sub-section (1) may direct that anything the making orforging of which has constituted such offense shall stand forfeited to the Federal Government.

25. Dealing in antiquities:(1) No person shall deal in antiquities except under, and in accordance with, a license granted

by the Director.(2) Every dealer shall maintain a register in such manner and form as the Director may pre-

scribe from time to time.(3) A license granted under sub-section (1) may be cancelled by the Director for the breach of

any condition of the license.(4) The Director may, with a view to securing compliance with the provisions of this section —(a) require any person dealing in antiquities to give such information in his possession with

respect to any business carried on by him as the Director may demand;(b) inspect or cause to be inspected any book, register or other document belonging to or

under the control of any person dealing in antiquities; and(c) enter and search, or authorise any officer subordinate to him to enter and search any

premises and seize or authorise any such officer or a police officer, to seize, any antiquityin respect of which he has reason to believe that a contravention of any provision of thissection or a breach of any condition of the license has been committed.

(5) Whoever contravenes the provisions of this section shall be punishable with rigorousimprisonment for a term which may extend to three years, or with fine, or with both.

(6) The court trying an offense under sub-section (5) may direct that any antiquity in respect ofwhich the offense has been committed shall stand forfeited to the Federal Government.

NCS SECTOR PAPER 41

26. Export of antiquities:(1) No person shall export any antiquity except under a license to be granted by the Director—(a) for the temporary export of antiquities for the purpose of exhibition, examination or treat-

ment for preservation; or(b) in accordance with agreements with foreign licenses for archaeological exploration and

excavations within the term of their licenses; or(c) for the export of antiquities which are not of a unique nature in exchange for antiquities of

any foreign country.(2) All antiquities the export of which is prohibited under sub-section (1) shall be deemed to be

goods of which the export has been prohibited under section 16 of the Customs Act, 1969 (IV of1969), and all the provisions of that Act shall have effect accordingly, except that the antiquity inrespect of which the provisions of that Act have been contravened shall be confiscated where confis-cation is authorised under that Act.

27. Traffic in movable antiquities:(1) If the Federal Government apprehends that movable antiquities in any place in Pakistan

are being sold or removed to the detriment of Pakistan, it may, by notification in the official Gazette,prohibit or restrict the movement of any such antiquity or any class of such antiquities for such periodand between such places in Pakistan as may be specified in the notification, except with, and inaccordance with the terms of, the written permission of the Director.

(2) Whoever contravenes the provisions of a notification under sub-section (1) shall be punish-able with rigorous imprisonment for a term which may extend to three years, or with fine, or withboth.

(3) The court trying an offense under sub-section (2) may direct that any antiquity in respect ofwhich the offense has been committed shall stand forfeited to the Federal Government.

28. Regulation of mining, quarrying, etc.:(1) If the Federal Government is of the opinion that for the purpose of protecting or preserving

any immovable antiquity it is necessary so to do, it may, by notification in the official Gazette, pro-hibit or restrict, within such area as may be specified therein, mining, quarrying, excavating, blastingand other operations of a like nature, or the movement of heavy vehicles, except under and inaccordance with the terms of a license granted by the Director and rules, if any, made in this behalf.

(2) Any owner or occupier of land who sustains any loss by reason of any prohibition orrestriction by a notification under sub-section (1) shall be paid reasonable compensation for suchloss.

(3) Whoever contravenes the provisions of sub-section (1) shall be punishable with imprison-ment for a term which may extend to one year, or with fine, or with both.

29. Prohibition of archaeological excavation or exploration without license:(1) No person shall make on any land any excavation or exploration for archaeological pur-

poses, or unearth or make any digging in any land or site for taking out antiquities, except under,and in accordance with, a license granted by the Director.

(2) A license under sub-section (1) in respect of any land shall not be granted to any personother than the owner of the land except in accordance with the term of an agreement with theowner, and any such agreement may provide for —

(a) the restriction of the owner’s rights in respect of the use and occupation of such land;(b) the compensation or any other consideration to be paid to the owner; and

42 NCS SECTOR PAPER

(c) any other matter connected with the use of the land for the purpose of such excavation.(3) A license under sub-section (1) 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 historicalmaterial which in the national interest should be preserved.

(4) Whoever contravenes the provisions of sub-section (1) shall be punishable with imprison-ment for a term which may extend to three years, or with fine, or with both.

(5) The court trying an offense under sub-section (4) may direct that any object found in thecourse of an excavation, exploration, unearthing or digging constituting such offense shall stand for-feited to the Federal Government.

30. Prohibition of making copies of protected antiquities without license: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 license granted by the Director.

31. Right of access to protected immovable antiquities:Subject to the provisions of this Act and the rules, the public shall have a right of access to any

immovable protected antiquity maintained by the Federal Government under this Act.

32. Penalty:A contravention of any provision of this Act or the rules shall, where no punishment has been

specifically provided, be punishable with rigorous imprisonment for a term which may extend to sixmonths, or with fine which may extend to five thousand rupees, or with both.

33. Jurisdiction to try offenses:No court shall take cognizance of an offense punishable under this Act except upon a com-

plaint in writing made by an officer generally or specially empowered in this behalf by the FederalGovernment and no court inferior to that of a magistrate of the first class shall try any such offense.

34. Power to arrest without warrant:(1) The Director or any officer duly empowered by him in this behalf may arrest without war-

rant any person against whom reasonable suspicion exists of his having committed any offenseunder section 19, 25, 26, 27, or 29.

(2) Subject to sub-section (3), every person arrested under sub-section (1) shall be taken forth-with to the officer-in-charge of the nearest police station.

(3) The Director or the officer arresting any person, or the officer-in-charge of a police stationto whom any person is taken under sub-section (2), shall either admit him to bail to appear beforethe Magistrate having jurisdiction or have him taken in custody before such Magistrate.

35. Confiscated antiquities to be made over to Director:Any antiquity which is confiscated or forfeited under this Act shall be made over to the Director

for custody, preservation and protection.

36. Indemnity:No suit, prosecution or other legal proceeding shall lie against Government or any person for

any thing which is in good faith done or intended to be done under this Act.

NCS SECTOR PAPER 43

37. Power to make rules:(1) The Federal Government may, after previous publication, make rules for carrying out the

purposes of this Act.(2) In particular, and without prejudice to the generality of the foregoing power, such rules

may provide for —(a) the form and the conditions of any license granted under this Act;(b) regulation of admission of the public to any immovable protected antiquity;(c) the levy of fees for the grant of any license under this Act and for admission of the public to

an immovable protected antiquity;(d) the procedure to be followed in arbitrations, the principles to be followed in apportioning

the costs of proceedings before the arbitrator and on appeal and the maximum amount ofan award against which no appeal shall lie, under sub-section (2) of section 16;

(e) such other matters as are or may be required for carrying into effect the provisions of thisAct.

(3) Rules made under this section may provide that the contravention of any of the provisionsthereof or of any condition of a license granted under this Act shall be punishable with fine whichmay extend to five hundred rupees.

38. Repeal:The Antiquities Act, 1968 (XIV of 1968), and the Antiquities Ordinance, 1975 (XX of 1975) are

hereby repealed.

NCS SECTOR PAPER 45

EXTRAORDINARY ISSUE

THE PUNJAB GAZETTEPUBLISHED BY AUTHORITY

LAHORE, WEDNESDAY, FEB. 27, 1985GOVERNMENT OF THE PUNJAB

LAW DEPARTMENT

The 27th February, 1985

No. Legis. 3(34)/85 — The following Ordinance by the Governor of the Punjab is hereby publishedfor general information:—

THE PUNJAB SPECIAL PREMISES (PRESERVATION)ORDINANCE, 1985.

PUNJAB ORDINANCE NO. XXXIV OF 1985.

AN

ORDINANCE

to provide for the preservation of certain premisesin the Punjab.

ANNEX 6

● ● ● ● ● ● ● ● ● ● ●

THE PUNJAB SPECIAL PREMISES

ORDINANCE, 1985

46 NCS SECTOR PAPER

WHEREAS it is expedient to preserve certain premises of historical, culturaland architectural value in the Punjab and to control and regulate alterationstherein and demolition and re-erection thereof and for matters ancillary thereto;

NOW, THEREFORE, in pursuance of the Proclamation of the fifth day ofJuly, 1977 (CMLA Order No. 1 of 1977) and the Provisional Constitution Order,1981 (CMLA Order No. 1 of 1988) the Governor of the Punjab is pleased tomake and promulgate the following Ordinance:-

1. (1) This Ordinance may be called the Punjab Special Premises (Preser-vation) Ordinance, 1985;

(2) It shall extend to the whole of the Punjab;(3) It shall come into force at once.

2. In this Ordinance unless the subject or context otherwise requires —(a) "Special Premises" means any premises of historical, cultural or

architectural value declared as such by the Government by notifi-cation and includes the land externally appurtenant thereto andthe outer walls thereof;

(b) "Committee" means a Committee constituted under section 3(1) ofthis Ordinance.

3. (1) The Government may by notification appoint one or more Commit-tees for the purposes of this Ordinance which shall perform suchfunctions as the Government may determine.

(2) The Government or a Committee may appoint a Committee ofExperts to advise the Government or a Committee with regard tomatters relating to this Ordinance.

4. The provisions of this Ordinance shall have effect notwithstanding any-thing to the contrary contained in any other law for the time being inforce.

5. No alteration in or renovation, demolition or re-erection of such por-tion of a Special Premises as is visible from outside or any part of suchportion, shall be effected without the prior permission in writing of theGovernment or a Committee.

6. No authority or local body shall approve any plan in relation to a Spe-cial Premises without the prior permission of the Government or aCommittee and any such plan sanctioned before the coming into forceof this Ordinance shall be of no effect unless approved by the Govern-ment or a Committee.

7. No person shall, except for carrying out the purposes of this Ordinancedestroy, break, damage, injure, deface or mutilate or scribble or writeor engrave any inscription or sign on, such portion of a Special Build-ing as is mentioned in Section 5.

Short title andcommencement.

Constitution ofCommittees.

Ordinance tooverride otherlaws.

Prohibition ofdestruction etc.of SpecialPremises.

Restriction onsanctioning ofplan.

Prohibition ofdestruction etc.of SpecialPremises.

Preamble

NCS SECTOR PAPER 47

8. (1) If such work as is mentioned in Section 5 has been carried out inrelation to a Special Premises before the coming into force of thisOrdinance or in contravention of sections 5, 7 or 8 the Govern-ment or a Committee may by order direct the owner thereof torestore it to its original position within such time as may be speci-fied in the order.

(2) If the owner fails to comply with the order the Government or aCommittee may take all necessary measures to give effect to itand the expenses incurred for the purpose shall be recoverablefrom the owner as arrears of land revenue.

9. (1) Where the Government or a Committee considers that any SpecialPremises is not being preserved or conserved properly by itsowner, the Government or a Committee may, by order in writing,direct the owner to take such measures for its proper preservationand conservation, and within such time and on such terms andconditions as may be specified in the order.

(2) If the owner fails to take the measures specified in the orderreferred to in sub-section (1), the Government or a Committeemay take all such measures in respect of the Special Premises andthe expenses incurred for the purpose shall be recoverable fromthe owner as arrears of land revenue unless the Governmentdirects otherwise.

10. If the Government apprehends that a Special Premises is in danger ofbeing destroyed, injured or allowed to fall into decay, it may, acquireit or a part thereof under the Land Acquisition Act, 1894 (I of 1894),as for a public purpose.

1 1 . No development plan or scheme or new construction on, or within adistance of two hundred feet of, a Special Premises shall be undertak-en or executed except with the approval of the Government or aC o m m i t t e e .

12. No person shall put any neon signs or other kinds of advertisement,including hoardings, bill postings, commercial signs, poles or pylons,electricity or telephone cables and television aerials, on or near anySpecial Premises without the prior permission in writing of the Govern-ment or a Committee.

13. The Government may receive voluntary contributions and donationsfor the acquisition, preservation or restoration of Special Premises andmay make suitable arrangements for the management and applica-tion of the money so received.Provided that a contribution or donation made for any specified pur-

Direction to theowner to takemeasures forpreservation ofSpecial Premises.

Compulsoryacquisition ofSpecial Premises.

Execution ofdevelopmentschemes andnew constructionin proximity toSpecial Premises.

Prohibition of billpasting, neonsigns, otherkinds of adver-tisements, etc.

Voluntary contributions.

Direction forrestoration oforiginal position.

48 NCS SECTOR PAPER

pose shall not be applied to any purpose other than that for which ithas been made.

14. (1) Whoever contravenes the provisions of this Ordinance or the rulesshall be liable to imprisonment which may extend to one year orwith fine or with both.

(2) The court trying an offense under sub-section (1) may direct thatthe whole or any part of the fine recovered shall be applied fordefraying the expenses of restoring the Special Premises to thecondition in which it was before the commission of an offenserelating thereto.

15. No court shall take cognizance of an offense punishable under thisOrdinance except upon a complaint in writing made by an officergenerally or specially empowered in this behalf by the Governmentand no court inferior to that of a magistrate of the first class shall tryany such offense.

16. The Government may frame rules to carry out the purposes of thisOrdinance.

Dated Lahore, the LT. GEN. GHULAM JILANI KHAN25th February, 1985 Governor of the Punjab

SH. MUHAMMAD ASADULLAHSecretary to Government of the Punjab,Law Department.

Penalty.

Jurisdiction to tryoffences.

Rules.

NCS SECTOR PAPER 49

YEAR

1982-83 1983-84 1984-85 1985-86 1986-87 1987-88(million rupees)

Budget estimates 28.0872 28.9645 39.8428 53.711 50.592 —

Budget allocation 18.75 20.989 26.016 26.824 33.360 30.639

Surrender due to economy cut/savings 1.312 2.009 3.9159 1.6853 3.31 —

Net allocation 17.438 18.241 22.1001 25.1387 30.05 —

Repair and maintenance ofhistorical monuments/sites/gardens and civil buildings 4.3709 3.3736 5.114 6.773 6.5636 5.219

Establishment changes 8.0403 10.2204 10.78 11.2013 13.565 16.952

Miscellaneous expenditure 5.0268 4.647 6.2061 7.1643 9.9214 8.468Percentage of allocation on:

Repair and maintenance 25% 18% 23% 27% 22% 17%Establishment charges 46% 57% 49% 45% 45% 55%Miscellaneous expenditure 29% 25% 28% 28% 33% 28%

Source: Ministry of Sports, Culture & Tourism, Islamabad.

ANNEX 7

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BUDGETARY ALLOCATIONS,

1982-1988

The Architect's Journal. 1967. The Architect'sJournal, January.

Antoniou, Jim. 1980. Islamic Cities and Conser -vation. Paris: UNESCO.

Beg, Mirza Arshad Ali. Impact of Air Pollution onVegetation in Karachi. Karachi: PakistanCouncil for Scientific and Industrial Research.

BKM & CCH Associates. 1980. Lahore UrbanDevelopment and Traffic Study. Final Report.Lahore: Lahore Development Authority.

Buschmann, Karl Heinz, ed. 1982. InternationalSeminar: Preservation and Documentation ofTraditional Architecture 24-27 March 1982.Karachi: Society for Preservation of MuslimHeritage, German Research Project, Mohen-jo-Daro and Goethe Institute.

Cunning, Sir John. 1939. Revealing India's Past.London: The India Society.

Dölling, Regine. 1982. The Conservation of His -torical Monuments in the Federal Republic ofG e r m a n y . Munich and Bad Godesberg-Bonn: Heinz Maos Verlag and Inter Nationes.

Environment and Urban Affairs Division. 1987.Environmental Profile of Pakistan. Islamabad:Government of Pakistan.

Farah, Ali. 1983. Revitalization of EmpressMarket, Saddar, Karachi. Bachelor's Thesis,Department of Architecture, Dawood Col-lege of Eng ineering and Technology,K a r a c h i .

Goulding, H.R. 1985. Old Lahore: Reminis -cences of a Resident. Lahore: UniversalBooks.

Halle, Mark and Brian Johnson. 1984. NationalConservation Strategy for Pakistan: FirstSteps, Report of IUCN Mission, 27 November- 9 December 1983. Gland: InternationalUnion for the Conservation of Nature andNatural Resources.

Hassan, Masud-ul. 1977. Pakistan: Places ofInterest. Lahore: Ferozesons Ltd.

Holod, Renata, ed. 1978. Conservation as aCultural Survival. Proceedings of SeminarTwo, Aga Khan Award for Architecture, Istan-bul, Turkey.

NCS SECTOR PAPER 51

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REFERENCES

Insall, David. 1982. Conservation in Action,DOE Aspects of Conservation ResearchSeries. London: Department of Environment.

Jaffery, Zaigham. 1980. Historic PreservationAct for Karachi. Karachi: Sindh DesignBureau, Karachi Development Authority.

Khan, Ahmad Nabi. 1980. Archaeology in Pak -istan — Administration, Legislation and Con-trol. Islamabad: Department of Archaeologyand Museums, Ministry of Culture, Sportsand Tourism, Government of Pakistan.

Khan, Ahmad Nabi. 1980. Multan, History andArchitecture. Islamabad: National Institute ofHistorical and Cultural Research.

Khan, Ahmad Nabi. 1980. Ucch, History &Architecture. Islamabad: National Institute ofHistorical and Cultural Research.

Khan, Rashid Ahmed and Sanullah MuhammedFeroze Khan. 1988. Management Study ofthe Department of Archaeology and Muse -u m s . Islamabad: Operations and Mainte-nance Division, Government of Pakistan.

Kuban, Dogan. 1979. Towards Better Protectionof the Islamic Architectural Heritage. W o r l dCultural Heritage Bulletin14.

Lari, Yasmeen. 1989. Traditional Architecture ofThatta. Karachi: The Heritage Foundation,Lari Research Centre.

Lewcock, Ronald. 1983. Problems of Architec-tural Conservation in Islamic Culture. InReport and Recommendations on Internation-al Symposium on Conservation and Restora -tion of Islamic Architectural Heritage. P a r i s :UNESCO and Lahore: Department o fArchaeology and Museums.

Marshall, John. 1922. Conservation Manual.

Mumtaz, Kamil Khan. 1985. Architecture in Pak -

istan. Singapore: Mimar Book published byConcept Media Ltd. with Butterworth Associ-ates.

Pakistan Environmental Planning and Architec-tural Consultants. 1987. Management ofCities Policy. Islamabad: Environment andUrban Affairs Division, Ministry of Housingand Works.

Pakistan Environmental Planning and Architec-tural Consultants. 1987. National Human Set -tlements Policy Study. Final Report. I s l a m-abad: Environment and Urban Affairs Divi-sion, Ministry of Housing and Works.

Parajuli, Yogeshwan K. 1974-85. B h a k t a p u rDevelopment Project. Experiences in Preserva -tion and Restoration in a Medieval Town.N.p., Nepal: Bhaktapur Development Board,Ministry of Panchayat and Local Develop-ment, Government of Nepal.

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Qadeer, Mohammad A. 1983. Lahore: UrbanDevelopment in the Third World. L a h o r e :Vanguard Publications.

Reynolds, Josephine. 1976. Conservation Plan -ning in Town and Country. Liverpool: Liver-pool University Press.

Sanday, J. and J. Smyth. 1981. Conservation ofthe Culture Heritage with Special Reference toTourism.Paris: UNESCO.

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UNESCO. 1968. Recommendations Concerningthe Preservation of Cultural Property Endan -gered by Public or Private Works. P a r i s :UNESCO.

52 NCS SECTOR PAPER

UNESCO. 1982. World Conference on CulturalPolicies — Problems and Prospects, 26 July -6 August 1982, Mexico City. Paris: UNESCO.

UNESCO. 1983. Report and Recommendationson International Symposium on Conservationand Restoration of Islamic Architectural Her -i t a g e . Paris: UNESCO and Lahore: Depart-ment of Archaeology and Museums.

Vandal, Pervaiz. 1988. Lahore ConservationPlan, an analysis for Lahore ConservationSociety.

Worskett, Roy, Ronald V. Redston and HughGunton. 1978. Saving Bath: A Programmefor Conservation. Bath: Department ofArchi t ecture and Planning , Ba th Ci tyC o u n c i l .

NCS SECTOR PAPER 53

CONSERVINGPAKISTAN'S

BUILT HERITAGE

SECTOR PAPER12

FAUZIAQURESHI

ABOUT THIS PAPER …This monograph is one of the 29 sectoral and

programme papers produced to support the preparationof the Pakistan National Conservation Strategy. ThisStrategy identifies strategic initiatives to conserve and sus-tainably manage the country's natural resources for last-ing improvements in people's quality of life.

"This report provides an overview of the state of heritageconservation in Pakistan and its potential. It highlightsobstacles in undertaking work in this field and makes rec-ommendations keeping these factors in view. The under-lying emphasis is on: . . . . Development planning, whichshould regard heritage conservation as part and parcel ofits work and not simply as an issue of structure and aes-thetics."

54 NCS SECTOR PAPER