Jammu and Kashmir Treasure Trove Act, 1954

No: 1 Dated: Jun, 06 1954

THE TREASURE TROVE ACT, 1954 (1897 A. D.)

[Sanctioned by His Highness the Maharaja Sahib Bahadur in Council vide Council Resolution No. 37, dated 30th January, 1897.]

Whereas it is expedient to enact the law relating to Treasure Trove, it is hereby commanded as follows :––

1. Short title:– This Act may be called the Jammu and Kashmir Treasure Trove Act.

2. Application:– It shall not apply to a treasure which does not exceed in amount or value of ten rupees and is found from the house in which finder resides or from an Ahata belonging to the finder and which is in his actual possession. But if a treasure consisting of ancient coins, is found, the finder shall immediately deposit the treasure in the nearest Government Treasury. The finder of such a treasure shall be entitled to such a compensation as may be deemed reasonable by a competent authority after taking into consideration the value of the treasure or rate prevalent thereof.

3. Definitions:– ‘‘Treasure’’ means anything of any value hidden in the soil, or in anything affixed thereto.

4. Owner:– When a person is in possession of a land or of anything affixed thereto, in pursuance of the terms of a deed of transfer from the original owner, the person in possession shall be held to be bound by these rules if a treasure be found on that land.

5. Notice by finder of treasure:– Whenever any treasure exceeding in amount or value of ten rupees is found, the finder shall give to the Deputy Commissioner having jurisdiction notice in writing as early as practicable––

(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 Deputy Commissioner such security as the Deputy Commissioner may think fit to produce the treasure at such time and place as he may appoint.

6. Procedure by Tehsildar on receiving notice:– On receiving such a notice, the Tehsildar shall after making a summary enquiry (if any) submit a report regarding the following to the Deputy Commissioner–

(i) the nature, amount, or value of the treasure found ;

(ii) the place in which the treasure was found ;

(iii) the name of the finder and of owner of the place in which the treasure is found ;

(iv) any other information which may be necessary to communicate in this behalf.