March 03, 2008	Monday	Safar 24, 1429

LAHORE, March 2: The Punjab Historic Areas Authority (PHAA) created to develop and preserve historical areas, primarily the Walled City of Lahore, has taken over some of the functions and powers of the Punjab archaeology department without even consulting it.

This has been revealed through study of The Punjab Historic Areas, Planning, Development and Regulation Ordinance, 2007, under which the authority has been created, functions of the archeology department, The Punjab Special Premises (Preservation), Ordinance, 1985, and interviews with government officials concerned.

Earlier, the authority’s area of activity had reportedly clashed primarily with the Local Government Ordinance-2001. But, the issue was settled as the ordinance provided for the authority by mentioning that before assuming a role assigned to the local government under the ordinance, it (the authority) would seek prior approval of the local government concerned.

But, it has been learnt that the nicety has not been considered in case of the archaeology department which functions under the provincial information and culture ministry, while snatching away its basic functions of "preserving premises of historical, cultural, and architectural value, and controlling and regulating alterations therein and demolition, and re-erection thereof."

The Punjab Historic Areas, Planning, Development and Regulation Ordinance assigns these functions to the authority by merely mentioning that "its provisions shall have effect notwithstanding anything contained in any other law for the time being in force."

Officials who requested anonymity said the authority's functions directly clashed with the duties and powers of the federal and provincial archaeology departments which had the exclusive right to maintain, control and preserve historical premises falling under their jurisdiction.

The federal government performs its duty under the Antiquities Act, 1975, and the provincial government under the Punjab Special Premises (Preservation), Ordinance, 1985.

The officials claimed that the archeology department was never consulted on the formation of the authority, which had taken over its basis functions.

The department and the law covering it still existed and it was yet to be determined as to what role it would perform in the presence of the authority, they added.

In fact, the department and the authority would become parallel institutions and the overlapping of their functions would definitely create legal problems, they said.

They said the archaeological department was looking after several premises in the Walled City, including the Masjid Wazir Khan, the courtyard in front of it and Soneri Masjid. Masjid Wazir Khan was owned by the auqaf department but was being looked after by the archaeology department under the Punjab Special Premises Ordinance, 1985.

The department also looked after the Fort that was placed under its charge by the federal government, along with Shalamar Gardens. Out of the total 149 federal monuments in Punjab, 147 were placed under the provincial government last year but the decision was withdrawn due to certain reasons.

They said under the law, only the provincial information department was authorised to take up matters pertaining to historic places with the federal government. But the authority would take over the role without any justification, they added.

The right of the information department to control special premises got further strengthened by the fact that it had been appearing before the Supreme Court, which had taken notice of encroachments around such areas last year, they argued.