Indian Treasure Trove Act, 1878

 

(ACT NO. VI OF 18781)

(12th February 1878)

 

An Act to amend the law relating to Treasure Trove

[As modified up to the 1st September, 1949]

WHEREAS it is expedient to amend the law relating to Treasure-trove;

It is hereby enacted as follows: --

Preliminary

1. Short title.—This Act may be called the Indian Treasure-trove Act, 1878.

Extent.—It extends to 2[all the provinces of India].

*3 * * *

* *

2. [Repeal of enactments.] Rep. by the Amending Act, 1891 (XII of 1891)

3. Interpretation clause.—In this Act—

“treasure” means anything of any value hidden in the soil, or in anything

affixed thereto:

“Collector” means (1) any Revenue-officer in independent charge of a district,

and (2) any officer appointed by the 4[Provincial Government] to perform the functions

of a Collector under this Act.

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.

Procedure on finding Treasure

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;

1 For The statement of Objects and Reasons, see Gazette of India, 1876, Pt. V, P. 1403 for discussions in Council, see ibid Supplement pp.

1288 and 1326; ibid. 1878, pp. 207 and 287.

This Act has been declared to be in force in Sonthal Parganas by the Sonthal Parganas Settlement Regulation (3 of 1872), s.3.

Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), s. 3 and Sch and

Angul District by the Angul Laws Regulation, 1936 (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 Singhbhum—see Gazette of

India, 1881, Pt. I, p. 504. (The District of Lohardaga included at that time the present District of Palaman, which was separated in 1894:

Lohardaga is now called the Ranchi District: see Calcutta Gazette, 1899, Pt. I, p. 44).

2 These words were substituted for the words “the whole of British India” by the Indian Independence (Adaptation of Central Acts and

Ordinances) Order, 1948.

3 The words “And it shall come into force at once” were repealed by the Repealing and Amending Act, 1914 (10 of 1914).

4 These words were substituted by the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937.

(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 be 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, to take the

following steps (namely):-

a) he shall publish a notification in such manner as the 1[Provincial 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 (mentioning it); and

requiring all persons claiming the treasure, or any part thereof, to appear

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 appears 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 establish his right.

9. When treasure may be declared ownerless.—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,

1 These words were substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937.

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.

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 claims as owner of place, treasure 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 such person claims and his claim is not disputed,

treasure to be divided, and shares to be delivered to parties.—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 following rule (namely):—

If the finder and the person so claiming have not entered into any agreement

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 which 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 share 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 declaration 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.

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. In case of dispute as to ownership, proceeding to be stayed.—When a

declaration has been made as aforesaid in respect of any treasure and two or more

persons 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 the 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 of 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 the property of the 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.—A Collector making any enquiry

under this Act may exercise any power conferred by the Code of Civil Procedure1 on a

Civil Court for the trial of suits.

19. Power to make rules.—The 2[Provincial Government] may from time to time,

make rules consistent with this Act to regulate proceeding hereunder.

Such rules shall, on being published in the 3{Official Gazette], have the force of

law.

PENALTIES

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

1 See now the Code of Civil Procedure, 1908 (Act 5 of 1908).

2 These words were substituted for the words “Local Government”by the Government of India (Adaptation of

Indian Laws) Order, 1937.

3 These words were substituted for the words “Local Gazette”, ibid.

share of such treasure, or the money in lieu thereof to which he would otherwise be

entitled, shall vest in Her Majesty.

And he shall, on conviction before a Magistrate be punished with imprisonment for a

term, which may extent to one year, or with fine, or with both.

21. Penalty on owner abetting offense under section 20.—If the owner of the

place in which any treasure is found abets, within the meaning of the Indian Penal Code

(Act XLV of 1860), any offense under section 20, the share of such treasure or the

money in lieu thereof to which he would otherwise be entitled, shall vest in Her Majesty,

and he shall, on conviction before a Magistrate, be punished with imprisonment which

may extend to six months, or with fine, or with both.

SCHEDULE

[Repealed by the Amending Act, 1891 (XII of 1891)]