PREAMBLE
SECTIONS
1. Short title.
Extent.
2 [Repealed.]
3. Interpretation-clause.
" Treasure."
" Collector."
" Owner."
4. Notice by finder of treasure.
5. Notification requiring claimants to appear.
6. Forfeiture of right on failure to appear.
7. Matters to be enquired into and determined by the Collector,
8. Time to be allowed for suit by person claiming the treasure.
9. When treasure may be declared ownerless.
Appeal against such declaration.
10. Proceedings subsequent to declaration.
11. When no other person claims as owner of place treasure to
be given to finder.
12. When only one such person claims and his claim is not disputed,
treasure to be divided, and shares to be delivered to parties.
13. In case of dispute as to ownership of place, proceedings to
be stayed.
14. Settlement of such dispute,
15. and division thereupon.
16. Power to acquire the treasure on behalf of Government.
17. Decision of Collector final, and no suit to lie against him
for acts done bona fide.
18. Collector to exercise powers of Civil Court.
19. Power to make rules.
20. Penalty on finder failing to give notice, etc.
21. Penalty on owner abetting offence under section 20.
SCHEDULE. -[Repealed.]
An Act to amend the law relating to Treasure-trove.
[13th February, 1878.]
(Preamble.) WHEREAS it is expedient to amend the law relating to treasure-trove ; It is hereby enacted as follows:-
1. (Short title.) This Act may be called the Indian
Treasure-trove Act, 1878.
( Extent.) It extends to the whole of India except 2 [the territories which,
immediately before the 1st November, 1956, were comprised in Part
B States].
2. [Repeal of enactments.] Rep. by the Repealing
and Amending Act, 1891 (12 of 1891), s. 2 and sch. I.
3
3. ( Interpretation-clause."Treasure.")
In this Act-
" treasure " means anything of any value hidden in the
soil, or in anything affixed thereto :
("Collector.") "Collector" means
(1) any Revenue-officer in independent charge of a district, and
(2) any officer appointed by the State Government to perform the
functions of a Collector under this Act
("Owner." ) When any person is entitled,
under any reservation in an instrument of transfer of any land
or thing affixed thereto to treasure in such land or thing, he
shall, for the purposes of this Act, be deemed to be the owner
of such land or thing.
4. (Notice by finder of treasure.) Whenever any treasure exceeding in amount or value ten rupees is found, the finder shall, as soon as practicable, give to the Collector notice in writing-
(a) of the nature and amount or approximate value of such treasure ;
(b) of the place in which it was found :
(c) of the date of the finding;
and either deposit the treasure in the nearest Government treasury, or give the Collector such security as the Collector thinks fit, to produce the treasure at such time and place as he may from time to time require.
5.( Notification requiring claimants to appear.) On
receiving a notice under section 4, the Collector shall, after
making such enquiry (if any) as he thinks fit, take the following
steps
(namely) :-
(a) he shall publish a notification in such manner as the State Government from time to time prescribes in this behalf, to the effect that, on a certain date (mentioning it) certain treasure (mentioning its nature, amount and approximate value) was found in a certain place(mertioning it):and requiring all persons claiming the treasure, or any part thereof, to appeal, personally or by agent before the Collector on a day and at a place therein mentioned such day not being earlier than four months, or later than six months, after the date of the publication of such notification;
(b) when the place in which the treasure appepars to the Collector to have been found was at the date of the finding in the possession of some person other than the finder,the Collector shall also serve on such person a special notice in writing to the same effect.
6. (Forfeiture of right on failure to appear.) Any person having any right to such treasure or any part thereof, as owner of the place in which it was found or otherwise, and not appearing as required by the notification issued under section 5, shall forfeit such right.
7. (Matters to be enquired into and determined by the Collector.) On the day notified under section 5, the Collector shall cause the treasure to be produced before him, and shall enquire as to and determine-
(a) the person by whom, the place in which, and the circumstances under which, such treasure was found; and
(b) as far as is possible, the person by whom, and the circumstances under which, such treasure was hidden.
8. (Time to be allowed for suit by person claiming the treasure.) If, upon an enquiry made under section 7, the Collector sees reason to believe that the treasure was hidden within one hundred years before the date of the finding, by a person appearing as required by the said notification and claiming such treasure, or by some other person under whom such person claims, the Collector shall make an order adjourning the hearing of the case for such period as he deems sufficient, to allow of a suit being instituted in the Civil Court by the claimant, to establisb his right,
9.(When treasure may be declared ownerIess.) If upon
such enquiry the Collector sees no reason to believe that the
treasure was so hidden ; or
if, where a period is fixed under section 8, no suit is instituted
as aforesaid within such period to the knowledge of the Collector
; or
if such suit is instituted within such period and the plaintiff's
claim is finally rejected;
the Collector may declare the treasure to be ownerless.
(Appeal against such declaration.) Any person aggrieved
by a declaration made under this section may appeal against the
same within two months from the date thereof to the Chief Controlling
Revenue-authority. 4
Subject to such appeal, every such declaration shall be final
and conclusive.
10. (Proceedings subsequent to declaration) When a declaration has been made in respect of any treasure under section 9, such treasure shall, in accordance with the provisions hereinafter contained either be delivered to the finder thereof, or be divided between him and the owner of the place in which it has been found in manner hereinafter provided.
11.(When no other person claima as owner of place,tresure
to be given to finder.) When a declaration has been made in
respect of any treasure as aforesaid, and no person other than
the finder of such treasure has appeared as required by the notification
published under section 5 and claimed a share of the treasure
as owner of the place in which it has been found, the Collector
shall deliver such treasure to the finder thereof.
12. (When only one sech person claims and his claim is not
disputed treasure to be divided.) When a declaration has been
made as aforesaid in respect of any treasure, and only one person
other than the finder of such treasure has so appeared and claimed,
and the claim of such person is not disputed by the finder, the
Collector shall proceed to divide the treasure between the finder
and the person so claiming according to the follwing rule (namely)
:-
If the finder and the person so claiming have not entered into
any agreerment then in force as to the disposal of the treasure,
three-fourths of the treasure shall be allotted to such finder
and the residue to such person. If such finder and such person
have entered into any
such agreement, the treasure shall be disposed of in accordance
therewith :
Provided that the Collector may in any case, if he thinks fit,instead
of dividing any treasure as directed by this section,-
(a) allot to either party the whole or more than his share of such treasure, on such party paying to the Collector for the other party such sum of money as the Collector may fix as the equivalent of the shre of such other party or of the excess so allotted as the case may be ;or
(b) sell such treasure or any portion thereof by public auction and divide the sale-proceeds between the parties according to the rule hereinbefore prescribed :
Provided also,that when the Collector has by his declararation
under section 9 rejected any claim made under this Act by any
person other than the said finder or person claiming as owner
of the place in which the treasure was found, such division shall
not be made until after the expiration of two months without an
appeal having been presented under section 9 by the person whose
claim has been so rejected, or, when an appeal has been so presented,
after such appeal has been dismissed.
(and shares to be delivered to parties.) When the Collector
has made a division under this section, he shall deliver to the
parties the portions of such treasure, or the money in lieu thereof,
to which they are respectively entitled under such division.
13. (To ease of dispute as to ownership of place,proceedings to be stayed.) When a declaration has been made as aforesaid in respect of any treasure, and two or more persoms have appeared,as aforesaid and each of them claimed as owner of the place where such treasure was found, or the right of any person who has so appeared and claimed is disputed by the finder of such treasure, the Collector shall retain such treasure and shall make an order staying his proceedings with a view to the matter being enquired into and determined by a Civil Court.
14. (Settlement of such dispute.) Any person who has so appeared and claimed may, within one month from the date of such order, institute a suit in the Civil Court to obtain a decree declaring his right ; and in every such suit the finder of the treasure and all persons disputing such claim before the Collector shall be made defendants.
15.(and division thereupon.) If any such suit is instituted
and the plaintiff's claim is finally established therein, the
Collector shall subject to the provisions of section 12, divide
the treasure between him and the finder.
If no such suit is instituted as aforesaid, or if the claims of
the plaintiffs in all such suits are finally rejected, the Collector
shall deliver the treasure to the finder.
16. (Power to acquire the treasure on behalf of Government) The Collector may, at any time after making a declaration under section 9, and before delivering or dividing the treasure as hereinbefore provided, declare by writing under his hand his intention to acquire on behalf of the Government the treasure or any specified portion thereof, by payment to the persons entitled thereto of a sum equal to the value of the materials of such treasure or portion, together with one-fifth of such value, and may place such sum in deposit in his treasury to the credit of such persons ; and thereupon such treasure or portion shall be deemed to be the property of Government, and the money so deposited shall be dealt with as far as may be as if it were such treasure or portion.
17. (Decision of Collector final,and no suit to lie against him for acts done bona fide. ) No decision passed or act done by the Collector under this Act shall be called in question by any Civil Court, and no suit or other proceeding shall lie against him for anything done in good faith in exercise of the powers hereby conferred.
18. (Collector to exercise powers of Civil Court.) (45 of 1882) A Collector making any enquiry under this Act may exercise any power conferred by the Code of Civil Procedure 5 on a Civil Court for the trial of suits.
19. (Power to make rules.) The State Government may,
from time to time, make rules consistent with this Act, to regulate
proceedings hereunder.
Such rulles shall, on being published in the official Gazette,
have the force of law.
20. (Penalty on finder failing to give notice, etc.) If
the finder of any treasure fails to give the notice, or does not
either make the deposit or give the security, required by section
4. or alters or attempts to alter such treasure so as to conceal
its identity, the share of such treasure, or the money in lieu
thereof to which he
would otherwise be entitled, shall vest in Government, and he
shall, on conviction before a Magistrate, be punished with imprisonment
for a term which may extend to one year or with fine, or with
both.
21.(Penalty on owner a betting offence under section 20.) (45 of 1860) If the owner of the place in which any treasure is found abets, within the meaning of the Indian Penal Code, any offence under section 20, the share of such treasure, or the money in lieu thereof to which he would otherwise be entitled, shall vest in Government and he shall, on cnviction before a Magistrate, be punished with imprisonment which may extend to six months, or with fine, or with both.
SCHEDULE.-Rep. by the Repealing and Amending Act1891 (12 of 1891), s. 2 and Sch. I.
1. This Act has been declared to be in
force in-
Sonthal Parganas by the Sonthal Parganas Settlement Regulation(Reg.
3 of 1872), s. 3;
Khondmals District by the Khondmals Laws Regulation, 1936 (Reg.
4 of 1936), s. 3 and Sch; and
Angul District by the Angul Laws Regulation, 1936 (Reg. 5 of 1936),
s.3 and Sch.
It has also been declared, by notification under s. 3 (a) of the
Scheduled Districts Act, 1874 (14 of 1874), to be in force in
the Scheduled Districts of Hazaribagh, Lohardaga and Manbhum,
and Pargana Dhalbhum and the Kolhan in the District of Singbhum-see
Gazette of India, 1881, Pt. I, p. 504. (The District of Lohardaga
included at that time the present District of Palamau, which was
separated in 1894; Lohardaga is now called the Ranchi District;
see Calcutta Gazette, 1899, Pt. I, p. 44.)
Amended in-
Bihar by Bihar Act 22 of 1947.
Madras by Madras Act 36 of 1949.
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for "Part B States".
3. The words " And it shall come into force at once." rep, by Act 10 of 1914, s.3 and Sch. II.
4. For definition of Chief Controlling Revenue-authority,see the General Clauses Act, 1897 (10 of 1897),s.3 (10),