Indian Treasure-trove Act, 1878
No: 6 Dated: Feb, 13 1878
THE INDIAN TREASURE-TROVE ACT, 1878
ACT NO. 6 OF 1878
An Act to amend the law relating to Treasure-trove.
Preamble.—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 the whole of India except the territories which, immediately before the 1st November, 1956, were comprised in Part B States.
STATE AMENDMENT
3. Interpretation-clause.—In this Act—
Treasure.— “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.—“OWNER” means 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;
(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 (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.