PESHAWAR: The Khyber Pakhtunkhwa government has termed the federal government’s proposed bill for establishment of Gandhara Corridor an overlapping piece of legislation aimed at taking over archaeological sites of the province, which were devolved in light of 18th Amendment.

“We have strongly resisted the proposed establishment of Gandhara Corridor at the federal level as its establishment is just an excuse to take away archaeological sites from the province,” an official in culture and tourism department told Dawn.

With the abolishment of concurrent list after passage of 18th Amendment, the province has exclusive authority for running the affairs of archaeological and historical sites under Khyber Pakhtunkhwa Antiquity Act, 2016.

The Gandhara Corridor Bill, 2024, if enacted, would be an overlapping piece of legislation in conflict with the KP Antiquity Act, 2016 as the provinces have now exclusive authority to legislate on this subject.

Official terms proposed Gandhara Corridor Bill an ‘overlapping’ piece of legislation

The provincial government has established Directorate of Archaeology and Museums with the powers to explore, preserve and promote cultural heritage of the province by enacting Khyber Pakhtunkhwa Antiquities Act, 2016.

The provincial government has spent billions of rupees on different projects and acquired more than 50 archaeological sites of Gandhara Civilisation.

These projects have played a crucial role in promoting Gandhara cultural heritage sites, which are frequently visited by local and international tourists, contributing directly and indirectly to the revenue of the province.

The official said that ‘ancient and historical monuments, archaeological sites, and remains’ was included at serial No.37 in Concurrent Legislative List of Constitution of Pakistan, 1973, which devolved to the province with the abolishment of the list.

“The Constitution bars federal legislature against legislation on subject enumerated in the provincial list,” he said.

The official said that under section-1 of the proposed bill, which was related to the scope of work, it was extended to the whole country. However the civilisation with its artefacts and sites entirely belong to Khyber Pakhtunkhwa.

Similarly, he said, section-2 of the proposed bill was about acquisition or disposition of properties, both movable and immovable, of Gandhara remains, which were already in the possession of the Khyber Pakhtunkhwa government.

The official said that the functions mentioned in section-4 of the proposed bill were already exercised by the provincial government under KP Antiquities Act, 2016, for protection, preservation, development and maintenance of Gandhara Civilisation.

He said that section-6 of the proposed bill was regarding the establishment of advisory council, which was in contradiction with the advisory committee constituted under section-3 of Antiquities Act. There would be overlying functions of both committees/councils, he added.

The official said that section-7 of the proposed bill was about the sources of funding including donations, contributions or grants made by the provincial governments or the revenue generated through those sites should be submitted in the Gandhara Corridor account, which was against the provincial laws.

He said that section-12 of the proposed bill was regarding the terms of services of the employees of Gandhara Corridor, who would work under Federal Civil Servant Act in a provincial department. “It will create many issues for the employees,” he said.

The official said that section-13 of the proposed bill would repeal Khyber Pakhtunkhwa Antiquities Act, 2016, which was again expressive interference in the provincial matters.

He said that prior to moving the bill in National Assembly, prime minister task force on Gandhara tourism was established without the consent of KP government in 2022 for facilitation, support and development of Gandhara remains.

The official said that federal government was making attempt to take over Gandhara remains but it never allocated funds for promotion and preservation of those sites.

Published in Dawn, June 3rd, 2024